0000950123-13-000547.txt : 20130613
0000950123-13-000547.hdr.sgml : 20130613
20130125164619
ACCESSION NUMBER: 0000950123-13-000547
CONFORMED SUBMISSION TYPE: N-4
PUBLIC DOCUMENT COUNT: 7
FILED AS OF DATE: 20130125
DATE AS OF CHANGE: 20130125
FILER:
COMPANY DATA:
COMPANY CONFORMED NAME: RIVERSOURCE VARIABLE ACCOUNT 10
CENTRAL INDEX KEY: 0001000191
IRS NUMBER: 000000000
STATE OF INCORPORATION: MN
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: N-4
SEC ACT: 1940 Act
SEC FILE NUMBER: 811-07355
FILM NUMBER: 13549252
BUSINESS ADDRESS:
STREET 1: 50605 AMERIPRISE FINANCIAL CENTER
STREET 2: H27/5229
CITY: MINNEAPOLIS
STATE: MN
ZIP: 55474
BUSINESS PHONE: 6126784177
MAIL ADDRESS:
STREET 1: 50605 AMERIPRISE FINANCIAL CENTER
STREET 2: H27/5229
CITY: MINNEAPOLIS
STATE: MN
ZIP: 55474
FORMER COMPANY:
FORMER CONFORMED NAME: IDS LIFE VARIABLE ACCOUNT 10
DATE OF NAME CHANGE: 19950906
FILER:
COMPANY DATA:
COMPANY CONFORMED NAME: RIVERSOURCE VARIABLE ACCOUNT 10
CENTRAL INDEX KEY: 0001000191
IRS NUMBER: 000000000
STATE OF INCORPORATION: MN
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: N-4
SEC ACT: 1933 Act
SEC FILE NUMBER: 333-186218
FILM NUMBER: 13549253
BUSINESS ADDRESS:
STREET 1: 50605 AMERIPRISE FINANCIAL CENTER
STREET 2: H27/5229
CITY: MINNEAPOLIS
STATE: MN
ZIP: 55474
BUSINESS PHONE: 6126784177
MAIL ADDRESS:
STREET 1: 50605 AMERIPRISE FINANCIAL CENTER
STREET 2: H27/5229
CITY: MINNEAPOLIS
STATE: MN
ZIP: 55474
FORMER COMPANY:
FORMER CONFORMED NAME: IDS LIFE VARIABLE ACCOUNT 10
DATE OF NAME CHANGE: 19950906
0001000191
S000003522
RIVERSOURCE VARIABLE ACCOUNT 10
C000125467
RAVA 5 Advantage/RAVA 5 Select/RAVA 5 Access (offered for contract applications signed on or after April 29, 2013)
N-4
1
c30010nv4.txt
FORM N-4
===============================================================================
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. []
and/or
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940
Amendment No. 76 (File No. 811-07355) [X]
(Check appropriate box or boxes)
RIVERSOURCE VARIABLE ACCOUNT 10
(previously IDS LIFE VARIABLE ACCOUNT 10)
(Exact Name of Registrant)
RiverSource Life Insurance Company
(previously IDS Life Insurance Company)
(Name of Depositor)
70100 Ameriprise Financial Center, Minneapolis, MN 55474
(Address of Depositor's Principal Executive Offices) (Zip Code)
Depositor's Telephone Number, including Area Code (612) 678-4177
Dixie Carroll, 50605 Ameriprise Financial Center, Minneapolis, MN 55474
(Name and Address of Agent for Service)
Approximate date of proposed sale to the public: as soon as practicable
following the effective date of this Registration Statement.
The Registrant hereby amends this registration statement on such date or dates
as may be necessary to delay its effective date until the Registrant shall file
a further amendment which specifically states that this Registration Statement
shall thereafter become effective in accordance with Section 8 (a) of the
Securities Act of 1933 or until the Registration Statement shall become
effective on such date as the Commission acting pursuant to Section 8 (a) may
determine.
===============================================================================
PART A.
THE INFORMATION IN THIS PROSPECTUS IS NOT COMPLETE AND MAY BE CHANGED. WE MAY
NOT SELL THESE SECURITIES UNTIL THE REGISTRATION STATEMENT FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION IS EFFECTIVE. THIS PROSPECTUS IS NOT AN OFFER
TO SELL THESE SECURITIES AND IT IS NOT SOLICITING AN OFFER TO BUY THESE
SECURITIES IN ANY STATE WHERE THE OFFER OR SALE IS NOT PERMITTED.
PROSPECTUS
APRIL 29, 2013
RIVERSOURCE
RAVA 5 ADVANTAGE VARIABLE ANNUITY
RAVA 5 SELECT VARIABLE ANNUITY
RAVA 5 ACCESS VARIABLE ANNUITY
INDIVIDUAL FLEXIBLE PREMIUM DEFERRED COMBINATION FIXED/VARIABLE ANNUITIES
ISSUED BY: RIVERSOURCE LIFE INSURANCE COMPANY (RIVERSOURCE LIFE)
70100 Ameriprise Financial Center
Minneapolis, MN 55474
Telephone: 1-800-862-7919
(Corporate Office)
ameriprise.com/variableannuities
RIVERSOURCE VARIABLE ACCOUNT 10/RIVERSOURCE ACCOUNT MGA
CONTRACTS DESCRIBED IN THIS PROSPECTUS ARE OFFERED FOR CONTRACT APPLICATIONS
SIGNED ON OR AFTER APRIL 29, 2013, EXCEPT FOR THE STATES OF CALIFORNIA AND
MONTANA.
This prospectus contains information that you should know before investing in
the RAVA 5 Advantage, RAVA 5 Select, or RAVA 5 Access. The information in this
prospectus applies to all contracts unless stated otherwise.
Prospectuses are also available for:
AllianceBernstein Variable Products Series Fund, Inc.
American Century Variable Portfolios, Inc.
BlackRock Variable Series Funds, Inc.
Columbia Funds Variable Insurance Trust
Columbia Funds Variable Series Trust II
DWS Variable Series II
Fidelity(R) Variable Insurance Products -- Service Class 2
Franklin(R) Templeton(R) Variable Insurance Products Trust (FTVIPT) --
Class 2
Janus Aspen Series: Service Shares
MFS(R) Variable Insurance Trust(SM)
Morgan Stanley Universal Investment Funds (UIF)
Neuberger Berman Advisers Management Trust
Oppenheimer Variable Account Funds -- Service Shares
PIMCO Variable Investment Trust (VIT)
Wells Fargo Variable Trust
Please read the prospectuses carefully and keep them for future reference.
THE SECURITIES AND EXCHANGE COMMISSION (SEC) HAS NOT APPROVED OR DISAPPROVED
THESE SECURITIES OR PASSED UPON THE ACCURACY OR ADEQUACY OF THIS PROSPECTUS. ANY
REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.
AN INVESTMENT IN THIS CONTRACT IS NOT A DEPOSIT OF A BANK OR FINANCIAL
INSTITUTION AND IS NOT INSURED OR GUARANTEED BY THE FEDERAL DEPOSIT INSURANCE
CORPORATION (FDIC) OR ANY OTHER GOVERNMENT AGENCY. AN INVESTMENT IN THIS
CONTRACT INVOLVES INVESTMENT RISK INCLUDING THE POSSIBLE LOSS OF PRINCIPAL.
RIVERSOURCE RAVA 5 ADVANTAGE / RAVA 5 SELECT / RAVA 5 ACCESS VARIABLE ANNUITY --
PROSPECTUS
2
A Statement of Additional Information (SAI), dated the same date as this
prospectus, is incorporated by reference into this prospectus. It is filed with
the SEC and is available without charge by contacting RiverSource Life at the
telephone number and address listed above. The table of contents of the SAI is
on the last page of this prospectus. The SEC maintains an Internet site. This
prospectus, the SAI and other information about the product are available on the
EDGAR Database on the SEC's Internet site at (http://www.sec.gov).
Variable annuities are insurance products that are complex investment vehicles.
Before you invest, be sure to ask your financial advisor about the contract
features, benefits, risks and fees, and whether the contract is appropriate for
you, based upon your financial situation and objectives.
The contracts and/or certain optional benefits described in this prospectus may
not be available in all jurisdictions. This prospectus constitutes an offering
or solicitation only in those jurisdictions where such offering or solicitation
may lawfully be made. State variations are covered in a special contract form
used in that state.
RiverSource Life has not authorized any person to give any information or to
make any representations regarding the contracts other than those contained in
this prospectus or the fund prospectuses.
RiverSource Life offers several different annuities which your financial advisor
may or may not be authorized to offer to you. Each annuity has different
features and benefits that may be appropriate for you based on your financial
situation and needs, your age and how you intend to use the annuity. The
different features and benefits may include the investment and fund manager
options, variations in interest rate amount and guarantees, credits, surrender
charge schedules and access to your annuity account values. The fees and charges
you will pay when buying, owning and surrendering money from the contracts we
describe in this prospectus may be more or less than the fees and charges of
other variable annuities we and our affiliates issue. You should ask your
financial advisor about his or her ability to offer you other variable annuities
we issue (which might have lower fees and charges than the contracts described
in this prospectus).
TABLE OF CONTENTS
KEY TERMS....................................................................
THE CONTRACTS IN BRIEF.......................................................
EXPENSE SUMMARY..............................................................
CONDENSED FINANCIAL INFORMATION..............................................
FINANCIAL STATEMENTS.........................................................
THE VARIABLE ACCOUNT AND THE FUNDS...........................................
GUARANTEE PERIOD ACCOUNTS (GPAS).............................................
THE FIXED ACCOUNT............................................................
BUYING YOUR CONTRACT.........................................................
CHARGES......................................................................
VALUING YOUR INVESTMENT......................................................
MAKING THE MOST OF YOUR CONTRACT.............................................
SURRENDERS...................................................................
TSA -- SPECIAL PROVISIONS....................................................
CHANGING THE ANNUITANT.......................................................
CHANGING OWNERSHIP...........................................................
BENEFITS IN CASE OF DEATH -- STANDARD DEATH BENEFIT..........................
OPTIONAL BENEFITS............................................................
THE ANNUITY PAYOUT PERIOD....................................................
TAXES........................................................................
VOTING RIGHTS................................................................
SUBSTITUTION OF INVESTMENTS..................................................
ABOUT THE SERVICE PROVIDERS..................................................
ADDITIONAL INFORMATION.......................................................
APPENDIX A: THE FUNDS........................................................
APPENDIX B: EXAMPLE -- MARKET VALUE ADJUSTMENT (MVA).........................
APPENDIX C: EXAMPLE -- SURRENDER CHARGES.....................................
APPENDIX D: EXAMPLE -- OPTIONAL DEATH BENEFITS...............................
APPENDIX E: EXAMPLE -- OPTIONAL LIVING BENEFITS..............................
APPENDIX F: EXAMPLE -- ADDITIONAL RMD DISCLOSURE.............................
APPENDIX G: CONDENSED FINANCIAL INFORMATION (UNAUDITED)......................
TABLE OF CONTENTS OF THE STATEMENT OF ADDITIONAL INFORMATION.................
3
KEY TERMS
These terms can help you understand details about your contract.
ACCUMULATION UNIT: A measure of the value of each subaccount prior to the
application of amounts to an annuity payment plan.
ANNUITANT: The person or persons on whose life or life expectancy the annuity
payouts are based.
ANNUITIZATION START DATE: The date when annuity payments begin according to the
applicable annuity payment plan.
ANNUITY PAYOUTS: An amount paid at regular intervals under one of several plans.
ASSUMED INVESTMENT RETURN: The rate of return we assume your investments will
earn when we calculate your initial annuity payout amount using the annuity
table in your contract. The standard assumed investment return we use is 5% but
you may request we substitute an assumed investment return of 3.5%.
BENEFICIARY: The person you designate to receive benefits in case of your death
while the contract is in force.
CLOSE OF BUSINESS: The time the New York Stock Exchange (NYSE) closes (4 p.m.
Eastern time unless the NYSE closes earlier).
CODE: The Internal Revenue Code of 1986, as amended.
CONTINGENT ANNUITANT: The person who becomes the annuitant when the current
annuitant dies prior to the annuitization start date. In the case of joint
ownership, one owner must also be the contingent annuitant.
CONTRACT: A deferred annuity contract that permits you to accumulate money for
retirement by making one or more purchase payments. It provides for lifetime or
other forms of payouts beginning at a specified time in the future.
CONTRACT VALUE: The total value of your contract at any point in time.
CONTRACT YEAR: A period of 12 months, starting on the effective date of your
contract and on each anniversary of the effective date.
FIXED ACCOUNT: Our general account which includes the regular fixed account and
the Special DCA fixed account. Amounts you allocate to this account earn
interest at rates that we declare periodically.
FUNDS: Investment options under your contract. Unless your investment options
have been restricted under living benefit riders, you may allocate your purchase
payments into subaccounts investing in shares of any or all of these funds.
GOOD ORDER: We cannot process your transaction request relating to the contract
until we have received the request in good order at our corporate office. "Good
order" means the actual receipt of the requested transaction in writing, along
with all information, forms and supporting legal documentation necessary to
effect the transaction. To be in "good order", your instructions must be
sufficiently clear so that we do not need to exercise any discretion to follow
such instructions. This information and documentation generally includes your
completed request; the contract number; the transaction amount (in dollars); the
names of and allocations to and/or from the subaccounts and the fixed account
affected by the requested transaction; the signatures of all contract owners,
exactly as registered on the contract, if necessary; Social Security Number or
Taxpayer Identification Number; and any other information, forms or supporting
documentation that we may require. With respect to purchase requests, "good
order" also generally includes receipt of sufficient payment by us to effect the
purchase. We may, in our sole discretion, determine whether any particular
transaction request is in good order, and we reserve the right to change or
waive any good order requirements at any time.
GUARANTEE PERIOD: The number of successive 12-month periods that a guaranteed
interest rate is credited.
GUARANTEE PERIOD ACCOUNTS (GPAS): A nonunitized separate account to which you
may allocate purchase payments or transfer contract value of at least $1,000.
These accounts have guaranteed interest rates for guarantee periods we declare
when you allocate purchase payments or transfer contract value to a GPA. These
guaranteed rates and periods of time may vary by state. Unless an exception
applies, transfers or surrenders from a GPA done more than 30 days before the
end of the guarantee period will receive a market value adjustment, which may
result in a gain or loss of principal.
4
MARKET VALUE ADJUSTMENT (MVA): A positive or negative adjustment assessed if any
portion of a Guarantee Period Account is surrendered or transferred more than 30
days before the end of its guarantee period.
OWNER (YOU, YOUR): The person or persons identified in the contract as owner(s)
of the contract, who has or have the right to control the contract (to decide on
investment allocations, transfers, payout options, etc.). Usually, but not
always, the owner is also the annuitant. The owner is responsible for taxes,
regardless of whether he or she receives the contract's benefits. The owner or
any joint owner may be a nonnatural person (e.g. irrevocable trust or
corporation) or a revocable trust. In this case, the annuitant will be deemed to
be the owner for contract provisions that are based on the age or life of the
owner. When the contract is owned by a revocable trust, the annuitant selected
should be the grantor of the trust to qualify for income tax deferral. Any
contract provisions that are based on the age of the owner will be based on the
age of the oldest owner. Any ownership change, including continuation of the
contract by your spouse under the spousal continuation provision of the
contract, redefines "owner", "you" and "your".
QUALIFIED ANNUITY: A contract that you purchase to fund one of the following
tax-deferred retirement plans that is subject to applicable federal law and any
rules of the plan itself:
Individual Retirement Annuities (IRAs) including inherited IRAs under
Section 408(b) of the Code
Roth IRAs including inherited Roth IRAs under Section 408A of the Code
SIMPLE IRAs under Section 408(p) of the Code
Simplified Employee Pension IRA (SEP) plans under Section 408(k) of the
Code
Custodial and investment only accounts maintained for qualified retirement
plans under Section 401(a) of the Code
Tax-Sheltered Annuities (TSAs) under Section 403(b) of the Code
A qualified annuity will not provide any necessary or additional tax deferral if
it is used to fund a retirement plan that is already tax-deferred.
All other contracts are considered NONQUALIFIED ANNUITIES.
RIDER: You receive a rider to your contract when you purchase optional benefits.
The rider adds the terms of the optional benefit to your contract.
RIDER EFFECTIVE DATE: The date a rider becomes effective as stated in the rider.
RIVERSOURCE LIFE: In this prospectus, "we," "us," "our" and "RiverSource Life"
refer to RiverSource Life Insurance Company.
SURRENDER VALUE: The amount you are entitled to receive if you make a full
surrender from your contract. It is the contract value immediately prior to the
surrender, minus any applicable charges, plus any positive or negative market
value adjustment.
VALUATION DATE: Any normal business day, Monday through Friday, on which the
NYSE is open, up to the close of business. At the close of business, the next
valuation date begins. We calculate the accumulation unit value of each
subaccount on each valuation date. If your contract anniversary is not a
valuation date, your contract value for that contract anniversary will be based
on close of business values on the next valuation date.
If we receive your purchase payment or any transaction request (such as a
transfer or surrender request) in good order at our corporate office before the
close of business, we will process your payment or transaction using the
accumulation unit value we calculate on the valuation date we received your
payment or transaction request. On the other hand, if we receive your purchase
payment or transaction request in good order at our corporate office at or after
the close of business, we will process your payment or transaction using the
accumulation unit value we calculate on the next valuation date. If you make a
transaction request by telephone (including by fax), you must have completed
your transaction by the close of business in order for us to process it using
the accumulation unit value we calculate on that valuation date. If you were not
able to complete your transaction before the close of business for any reason,
including telephone service interruptions or delays due to high call volume, we
will process your transaction using the accumulation unit value we calculate on
the next valuation date.
5
VARIABLE ACCOUNT: Separate subaccounts to which you may allocate purchase
payments; each invests in shares of one fund. The value of your investment in
each subaccount changes with the performance of the particular fund.
THE CONTRACTS IN BRIEF
This prospectus describes three contracts. Each contract has different expenses.
RAVA 5 Access does not have surrender charges, but it has the highest mortality
and expense risk fees of the three contracts. RAVA 5 Select has a four-year
surrender charge schedule and has lower mortality and expense risk fees than
RAVA 5 Access. RAVA 5 Advantage offers a choice of a seven-year or a ten-year
surrender charge schedule, and has the lowest mortality and expense risk fees of
the three contracts. After the 10th contract anniversary, the mortality and
expense risk fees are the same for the three contracts. Your financial advisor
can help you determine which contract is best suited to your needs based on
factors such as your investment goals and how long you intend to keep your
contract. The information in this prospectus applies to all contracts unless
stated otherwise.
PURPOSE: The purpose of each contract is to allow you to accumulate money for
retirement or a similar long-term goal. You do this by making one or more
purchase payments. You may allocate your purchase payments to the GPAs, regular
fixed account, subaccounts and/or Special DCA fixed account under the contract;
however, you risk losing amounts you invest in the subaccounts of the variable
account. These accounts, in turn, may earn returns that increase the value of
the contract. If the contract value goes to zero due to underlying fund's
performance or deduction of fees, the contract will no longer be in force and
the contract (including any death benefit riders) will terminate. You may be
able to purchase an optional benefit to reduce the investment risk you assume
under your contract. Beginning at a specified time in the future called the
annuitization start date, the contract provides lifetime or other forms of
payouts of your contract value (less any applicable premium tax and/or other
charges).
BUYING A CONTRACT: There are many factors to consider carefully before you buy a
variable annuity and any optional benefit rider. Variable annuities -- with or
without optional benefit riders -- are not right for everyone. MAKE SURE YOU
HAVE ALL THE FACTS YOU NEED BEFORE YOU PURCHASE A VARIABLE ANNUITY OR CHOOSE AN
OPTIONAL BENEFIT RIDER. Some of the factors you may wish to consider include:
"Tax Free" Exchanges: It may not be advantageous for you to purchase one of
these contracts in exchange for, or in addition to, an existing annuity or
life insurance policy. Generally, you can exchange one annuity for another
or for a long-term care policy in a "tax-free" exchange under Section 1035
of the Code. You can also do a partial exchange from one annuity contract
to another annuity contract, subject to IRS rules. You also generally can
exchange a life insurance policy for an annuity. However, before making an
exchange, you should compare both contracts carefully because the features
and benefits may be different. Fees and charges may be higher or lower on
your old contract than on these contracts. You may have to pay a surrender
charge when you exchange out of your old contract and a new surrender
charge period will begin when you exchange into one of these contracts. If
the exchange does not qualify for Section 1035 treatment, you also may have
to pay federal income tax on the distribution. State income taxes may also
apply. You should not exchange your old contract for one of these
contracts, or buy one of these contracts in addition to your old contract,
unless you determine it is in your best interest. (See "Taxes -- 1035
Exchanges.")
Tax-deferred retirement plans: Most annuities have a tax-deferred feature.
So do many retirement plans under the Code. As a result, when you use a
qualified annuity to fund a retirement plan that is tax-deferred, your
contract will not provide any necessary or additional tax deferral for that
retirement plan. A qualified annuity has features other than tax deferral
that may help you reach your retirement goals. In addition, the Code
subjects retirement plans to required withdrawals triggered at a certain
age. These mandatory withdrawals are called required minimum distributions
("RMDs"). RMDs may reduce the value of certain death benefits and optional
riders (see "Taxes -- Qualified Annuities -- Required Minimum
Distributions"). You should consult your tax advisor before you purchase
the contract as a qualified annuity for an explanation of the tax
implications to you.
Taxes: Generally, income earned on your contract value grows tax-deferred
until you make withdrawals or begin to receive payouts. (Under certain
circumstances, IRS penalty taxes may apply.) The tax treatment of qualified
and nonqualified annuities differs. Even if you direct payouts to someone
else, you will be taxed on the income if you are the owner. (see "Taxes")
Your age: If you are an older person, you may not necessarily have a need
for tax deferral, retirement income or a death benefit. Older persons who
are considering buying a contract including any optional benefits may find
it helpful to consult with or include a family member, friend or other
trusted advisor in the decision making process before buying a contract.
6
How long you plan to keep your contract: variable annuities are not
short-term liquid investments. RAVA 5 Advantage and RAVA 5 Select contracts
have surrender charges. RAVA 5 Access contract does not have a surrender
charge schedule, but it has a higher mortality and expense risk fee than
RAVA 5 Advantage and RAVA 5 Select. After the 10th contract anniversary,
the mortality and expense risk fees are the same for the three contracts.
Does the contract meet your current and anticipated future needs for
liquidity?
If you can afford the contract: are your annual income and assets adequate
to buy the contract and any optional benefits you may choose?
The fees and expenses you will pay when buying, owning and surrendering
money from these contracts. (see "Charges")
How and when you plan to take money from the contract: under current tax
law, surrenders, including surrenders made under optional benefit riders,
are taxed differently than annuity payouts. If you withdraw more than the
allowed withdrawal amount in a contract year ("excess withdrawal") under
the SecureSource 3 rider, the guaranteed amounts under the rider will be
reduced and for any withdrawal during the credit period, you will not
receive Annual Credits on the next rider anniversary. In addition, certain
surrenders may be subject to a federal income tax penalty. (see
"Surrenders")
Your investment objectives, how much experience you have in managing
investments and how much risk you are you willing to accept.
Short-term trading: if you plan to manage your investment in the contract
by frequent or short-term trading, these contracts are not suitable for you
and you should not buy one of them. (see "Making the Most of Your Contract
-- Transferring Among Accounts")
FREE LOOK PERIOD: You may return your contract to your financial advisor or to
our corporate office within the time stated on the first page of your contract
and receive a full refund of the contract value. The valuation date will be the
date your request is received at our corporate office. (For California
residents, the valuation date will be the earlier of the date your contract is
returned to your financial advisor or to our corporate office). We will not
deduct any contract charges or fees. However, you bear the investment risk from
the time of purchase until you return the contract and any positive or negative
market value adjustment will apply; the refund amount may be more or less than
the payment you made. (EXCEPTION: If the law requires, we will refund all of
your purchase payments.)
ACCOUNTS: Generally, you may allocate your purchase payments among the:
subaccounts of the variable account, each of which invests in a fund with a
particular investment objective. The value of each subaccount varies with
the performance of the particular fund in which it invests. We cannot
guarantee that the value at the annuitization start date will equal or
exceed the total purchase payments you allocate to the subaccounts. (see
"The Variable Account and the Funds")
GPAs which earn interest at rates declared when you make an allocation to
that account. The required minimum investment in each GPA is $1,000. These
accounts may not be available in all states. (see "Guarantee Period
Accounts (GPAs)")
regular fixed account, which earns interest at rates that we adjust
periodically. There are restrictions on transfers from this account and may
be restrictions on the amount you can allocate to this account. For RAVA 5
Access contracts, you cannot select the regular fixed account. (see "The
Fixed Account")
Special DCA fixed account, which earns interest at rates that we adjust
periodically. There are restrictions on how long contract value can remain
in this account. (see "The Fixed Account -- The Special DCA Fixed Account")
TRANSFERS: Subject to certain restrictions, you currently may redistribute your
contract value among the subaccounts without charge at any time until the
annuitization start date, and once per contract year among the subaccounts after
the annuitization start date. Transfers out of the GPAs done more than 30 days
before the end of the guarantee period will be subject to an MVA, unless an
exception applies. You may establish automated transfers among the accounts.
Transfers into the Special DCA fixed account are not permitted. GPAs and the
regular fixed account are subject to special restrictions. (see "Making the Most
of Your Contract -- Transferring Among Accounts")
7
SURRENDERS: You may surrender all or part of your contract value at any time
before the annuitization start date. You also may establish automated partial
surrenders. Surrenders may be subject to charges and income taxes (including an
IRS penalty if you surrender prior to your reaching age 59 1/2) and may have
other tax consequences. If you have elected the SecureSource 3 rider, please
consider carefully when you take surrenders. If you withdraw more than allowed
withdrawal amount in a contract year ("excess withdrawal") under the rider, the
guaranteed amounts under the rider will be reduced and for any withdrawal during
the Credit Period, you will not receive Annual Credits on the next rider
anniversary. Certain other restrictions may apply. (see "Surrenders")
BENEFITS IN CASE OF DEATH: If you die before the annuitization start date, we
will pay the beneficiary an amount based on the applicable death benefit. (see
"Benefits in Case of Death -- Standard Death Benefit")
OPTIONAL BENEFITS: We offer optional death benefits and optional living
benefits. We currently offer SecureSource 3 riders and Accumulation Protector
Benefit rider as optional living benefits. SecureSource 3 riders are guaranteed
minimum withdrawal benefits that permit you to withdraw a guaranteed amount from
the contract over a period of time, which may include the lifetime of a single
person (Single Life) or the lifetime of you and your spouse (Joint Life).
SecureSource 3 riders may be appropriate for you if you intend to make periodic
withdrawals from your annuity contract and wish to ensure that market
performance will not affect your ability to withdraw income over your lifetime.
This optional living benefit may not be appropriate for you if you do not intend
to limit withdrawals to the amount allowed under the rider. Accumulation
Protector Benefit rider is intended to provide you with a guaranteed contract
value at the end of a specified Waiting Period, currently 10 years, regardless
of the volatility inherent in the investments in the subaccounts. Accumulation
Protector Benefit rider may be appropriate for you if you want a guaranteed
contract value at the end of Waiting Period. This optional living benefit may
not be appropriate for you if you intend to surrender your contract value before
the end of the 10-year Waiting Period or take withdrawals during the Waiting
Period (which reduces the benefit).
If you select the optional living benefit, we restrict investment options
available to you, which will limit transfers and allocations; may limit the
timing, amount and allocation of purchase payments; and may limit the amount of
surrenders that can be taken under the optional benefit during a contract year.
(see "Optional Benefits -- Optional Living Benefits -- Investment Allocation
Restrictions for Living Benefit Riders"). For more information on considerations
before buying optional living benefits, please see "Optional Benefits --
Optional Living Benefits."
We offer the following optional death benefits: ROPP Death Benefit, MAV Death
Benefit, 5-year MAV Death Benefit, 5% Accumulation Death Benefit, Enhanced Death
Benefit, Benefit Protector Death Benefit and Benefit Protector Plus Death
Benefit. Benefit Protector Death Benefit and Benefit Protector Plus Death
Benefit are intended to provide an additional benefit to your beneficiary to
help offset expenses after your death such as funeral expenses or federal and
state taxes.
ANNUITY PAYOUTS: You can apply your contract value, after reflecting any
adjustments, to an annuity payout plan that begins on the annuitization start
date. You may choose from a variety of plans to make sure that payouts continue
as long as you like. If you purchased a qualified annuity, the payout schedule
must meet IRS requirements. We can make payouts on a fixed or variable basis, or
both. During the annuity payout period, your choices for subaccounts may be
limited. The GPAs, the Special DCA fixed account and Portfolio Stabilizer funds
are not available after the annuitization start date. (see "The Annuity Payout
Period")
TERMINATION OF THE CONTRACT: The contract will be terminated under the following
conditions:
1. After the death benefit is paid, the contract will terminate.
2. Reduction of the contract value to zero will terminate the contract unless
benefits are payable under the terms of an optional living benefit rider.
3. Your written request for a full surrender will terminate the contract.
8
EXPENSE SUMMARY
THE FOLLOWING TABLES DESCRIBE THE FEES AND EXPENSES THAT YOU WILL PAY WHEN
BUYING, OWNING AND SURRENDERING FROM THESE CONTRACTS. THE FIRST TWO TABLES
DESCRIBE THE FEES AND EXPENSES THAT YOU WILL PAY AT THE TIME THAT YOU SURRENDER
ONE OF THESE CONTRACTS. STATE PREMIUM TAXES ALSO MAY BE DEDUCTED.
CONTRACT OWNER TRANSACTION EXPENSES
SURRENDER CHARGES FOR RAVA 5 ADVANTAGE:
(Contingent deferred sales load as a percentage of purchase payments
surrendered)
You select either a seven-year or ten-year surrender charge schedule at the time
of application.
SEVEN-YEAR SCHEDULE TEN-YEAR SCHEDULE
-------------------------------------------------- ---------------------------------------------
SURRENDER CHARGE
NUMBER OF COMPLETED* SURRENDER CHARGE NUMBER OF COMPLETED* PERCENTAGE APPLIED
YEARS FROM DATE OF EACH PERCENTAGE APPLIED TO YEARS FROM DATE OF EACH TO EACH PURCHASE
PURCHASE PAYMENT EACH PURCHASE PAYMENT PURCHASE PAYMENT PAYMENT
----------------------- --------------------- ----------------------- ------------------
0 7% 0 8%
1 7 1 8
2 7 2 8
3 6 3 7
4 5 4 6
5 4 5 5
6 2 6 4
7+ 0 7 3
8 2
9 1
10+ 0
SURRENDER CHARGE FOR RAVA 5 SELECT:
(Contingent deferred sales load as a percentage of purchase payments
surrendered)
SURRENDER CHARGE
CONTRACT PERCENTAGE APPLIED
YEAR* TO PURCHASE PAYMENTS
-------- --------------------
1 7%
2 6
3 5
4 4
5+ 0
There are no surrender charges on and after the fourth contract anniversary.
* According to our current administrative practice, for the purpose of
surrender charge calculation, we consider that the year is completed 14
days prior to the contract anniversary.
SURRENDER CHARGE FOR RAVA 5 ACCESS:
0%
9
THE NEXT TABLES DESCRIBE THE FEES AND EXPENSES THAT YOU WILL PAY PERIODICALLY
DURING THE TIME THAT YOU OWN THE CONTRACT, NOT INCLUDING FUND FEES AND EXPENSES.
CONTRACT ADMINISTRATIVE CHARGE
ANNUAL CONTRACT ADMINISTRATIVE CHARGE MAXIMUM: $50 CURRENT: $30
ANNUAL CONTRACT ADMINISTRATIVE CHARGE IF YOUR CONTRACT VALUE EQUALS OR EXCEEDS $50,000 MAXIMUM: $20 CURRENT: $0
CONTRACT ADMINISTRATIVE CHARGE AT FULL SURRENDER MAXIMUM: $50 CURRENT: $30
ANNUAL VARIABLE ACCOUNT EXPENSES
(As a percentage of average daily subaccount value)
YOU MUST CHOOSE A PRODUCT, A DEATH BENEFIT GUARANTEE AND THE LENGTH OF YOUR
CONTRACT'S SURRENDER CHARGE SCHEDULE. THE COMBINATION YOU CHOOSE AND THE
CONTRACT YEAR YOU ARE IN DETERMINES THE MORTALITY AND EXPENSE RISK FEES YOU PAY.
THE TABLE BELOW SHOWS THE combinations AVAILABLE TO YOU AND THEIR COST.
RAVA 5 ADVANTAGE WITH TEN-YEAR SURRENDER CHARGE SCHEDULE
MORTALITY AND
EXPENSE RISK FEE
----------------
Standard Death Benefit 0.95%
ROPP Death Benefit 1.30
MAV Death Benefit 1.20
5-year MAV Death Benefit 1.05
5% Accumulation Death Benefit 1.35
Enhanced Death Benefit 1.40
RAVA 5 ADVANTAGE WITH SEVEN-YEAR SURRENDER CHARGE
THROUGH THE 10TH CONTRACT ANNIVERSARY
MORTALITY AND
EXPENSE RISK FEE
----------------
Standard Death Benefit 1.10%
ROPP Death Benefit 1.45
MAV Death Benefit 1.35
5-year MAV Death Benefit 1.20
5% Accumulation Death Benefit 1.50
Enhanced Death Benefit 1.55
AFTER THE 10TH CONTRACT ANNIVERSARY
MORTALITY AND
EXPENSE RISK FEE
----------------
Standard Death Benefit 0.95%
ROPP Death Benefit 1.30
MAV Death Benefit 1.20
5-year MAV Death Benefit 1.05
5% Accumulation Death Benefit 1.35
Enhanced Death Benefit 1.40
10
RAVA 5 SELECT
THROUGH THE 10TH CONTRACT ANNIVERSARY
MORTALITY AND
EXPENSE RISK FEE
----------------
Standard Death Benefit 1.35%
ROPP Death Benefit 1.70
MAV Death Benefit 1.60
5-year MAV Death Benefit 1.45
5% Accumulation Death Benefit 1.75
Enhanced Death Benefit 1.80
AFTER THE 10TH CONTRACT ANNIVERSARY
MORTALITY AND
EXPENSE RISK FEE
----------------
Standard Death Benefit 0.95%
ROPP Death Benefit 1.30
MAV Death Benefit 1.20
5-year MAV Death Benefit 1.05
5% Accumulation Death Benefit 1.35
Enhanced Death Benefit 1.40
RAVA 5 ACCESS
THROUGH THE 10TH CONTRACT ANNIVERSARY
MORTALITY AND
EXPENSE RISK FEE
----------------
Standard Death Benefit 1.50%
ROPP Death Benefit 1.85
MAV Death Benefit 1.75
5-year MAV Death Benefit 1.60
5% Accumulation Death Benefit 1.90
Enhanced Death Benefit 1.95
AFTER THE 10TH CONTRACT ANNIVERSARY
MORTALITY AND
EXPENSE RISK FEE
----------------
Standard Death Benefit 0.95%
ROPP Death Benefit 1.30
MAV Death Benefit 1.20
5-year MAV Death Benefit 1.05
5% Accumulation Death Benefit 1.35
Enhanced Death Benefit 1.40
11
OTHER ANNUAL EXPENSES
OPTIONAL DEATH BENEFITS
If eligible, you may select an optional death benefit in addition to the
Standard Death Benefit, MAV and 5-year MAV death benefits. The fees apply only
if you elect the optional rider.
BENEFIT PROTECTOR DEATH BENEFIT RIDER FEE 0.25%
BENEFIT PROTECTOR PLUS DEATH BENEFIT RIDER FEE 0.40%
(As a percentage of contract value charged annually on the contract
anniversary.)
OPTIONAL LIVING BENEFITS
If eligible, you may select one of the following optional living benefits. The
fees apply only if you select one of these benefits.
SECURESOURCE 3(SM) - SINGLE LIFE RIDER FEE MAXIMUM: 2.25% CURRENT: 1.20%
SECURESOURCE 3(SM) - JOINT LIFE RIDER FEE MAXIMUM: 2.25% CURRENT: 1.30%
(Charged annually on the contract anniversary as a percentage of contract value
or the Benefit Base, whichever is greater.)
ACCUMULATION PROTECTOR BENEFIT(R) (APB(R)) RIDER FEE MAXIMUM: 2.00% CURRENT: 1.30%
(Charged annually on the contract anniversary as a percentage of contract value
or the Minimum Contract Accumulation Value, whichever is greater.)
ANNUAL OPERATING EXPENSES OF THE FUNDS
THE NEXT TWO TABLES DESCRIBE THE OPERATING EXPENSES OF THE FUNDS THAT YOU MAY
PAY PERIODICALLY DURING THE TIME THAT YOU OWN THE CONTRACT. THESE OPERATING
EXPENSES ARE FOR THE FISCAL YEAR ENDED DEC. 31, 2012, UNLESS OTHERWISE NOTED.
THE FIRST TABLE SHOWS THE MINIMUM AND MAXIMUM TOTAL OPERATING EXPENSES CHARGED
BY THE FUNDS. THE SECOND TABLE SHOWS THE FEES AND EXPENSES CHARGED BY EACH FUND.
MORE DETAIL CONCERNING EACH FUND'S FEES AND EXPENSES IS CONTAINED IN EACH FUND'S
PROSPECTUS.
MINIMUM AND MAXIMUM TOTAL ANNUAL OPERATING EXPENSES FOR THE FUNDS(A)
(Including management fee, distribution and/or service (12b-1) fees and
other expenses)
MINIMUM MAXIMUM
------- -------
Total expenses before fee waivers and/or expense reimbursements % %
(a) Each fund deducts management fees and other expenses from fund assets. Fund
assets include amounts you allocate to a particular fund. Funds may also
charge 12b-1 fees that are used to finance any activity that is primarily
intended to result in the sale of fund shares. Because 12b-1 fees are paid
out of fund assets on an on-going basis, you may pay more if you select
subaccounts investing in funds that have adopted 12b-1 plans than if you
select subaccounts investing in funds that have not adopted 12b-1 plans.
The fund or the fund's affiliates may pay us or our affiliates for
promoting and supporting the offer, sale and servicing of fund shares. In
addition, the fund's distributor and/or investment adviser, transfer agent
or their affiliates may pay us or our affiliates for various services we or
our affiliates provide. The amount of these payments will vary by fund and
may be significant. See "The Variable Accounts and the Funds" for
additional information, including potential conflicts of interest these
payments may create. For a more complete description of each fund's fees
and expenses and important disclosure regarding payments the fund and/or
its affiliates make, please review the fund's prospectus and SAI.
12
TOTAL ANNUAL OPERATING EXPENSES FOR EACH FUND UNDERLYING RAVA 5 ADVANTAGE, RAVA
5 SELECT AND RAVA 5 ACCESS*
(Before fee waivers and/or expense reimbursements, if applicable, as a
percentage of average daily net assets)
..........To be filed by Amendment
13
EXAMPLES
THESE EXAMPLES ARE INTENDED TO HELP YOU COMPARE THE COST OF INVESTING IN THESE
CONTRACTS WITH THE COST OF INVESTING IN OTHER VARIABLE ANNUITY CONTRACTS. THESE
COSTS INCLUDE YOUR TRANSACTION EXPENSES, CONTRACT ADMINISTRATIVE CHARGES,
VARIABLE ACCOUNT ANNUAL EXPENSES AND FUND FEES AND EXPENSES.
THESE EXAMPLES ASSUME THAT YOU INVEST $10,000 IN THE CONTRACT FOR THE TIME
PERIODS INDICATED. THESE EXAMPLES ALSO ASSUME THAT YOUR INVESTMENT HAS A 5%
RETURN EACH YEAR.
MAXIMUM EXPENSES. These examples assume the most expensive combination of
contract features and benefits and the maximum fees and expenses of any of the
funds. They assume that you select the optional MAV Death Benefit, Benefit
Protector Plus and SecureSource 3 - Joint Life or APB rider (1),(3). Although
your actual costs may be lower, based on these assumptions your costs would be:
IF YOU DO NOT SURRENDER YOUR CONTRACT
IF YOU SURRENDER YOUR CONTRACT OR IF YOU SELECT AN ANNUITY PAYOUT PLAN
AT THE END OF THE APPLICABLE TIME PERIOD: AT THE END OF THE APPLICABLE TIME PERIOD:
----------------------------------------- -----------------------------------------
1 YEAR 3 YEARS 5 YEARS 10 YEARS 1 YEAR 3 YEARS 5 YEARS 10 YEARS
------ ------- ------- -------- ------ ------- ------- --------
RAVA 5 ADVANTAGE
With a ten-year surrender charge schedule
RAVA 5 ADVANTAGE
With a seven-year surrender charge schedule
RAVA 5 SELECT
RAVA 5 ACCESS
MINIMUM EXPENSES. These examples assume the least expensive combination of
contract features and benefits and the minimum fees and expenses of any of the
funds. They assume that you have the Standard Death Benefit and do not select
any optional benefits(2). Although your actual costs may be higher, based on
these assumptions your costs would be:
IF YOU DO NOT SURRENDER YOUR CONTRACT
IF YOU SURRENDER YOUR CONTRACT OR IF YOU SELECT AN ANNUITY PAYOUT PLAN
AT THE END OF THE APPLICABLE TIME PERIOD: AT THE END OF THE APPLICABLE TIME PERIOD:
----------------------------------------- -----------------------------------------
1 YEAR 3 YEARS 5 YEARS 10 YEARS 1 YEAR 3 YEARS 5 YEARS 10 YEARS
------ ------- ------- -------- ------ ------- ------- --------
RAVA 5 ADVANTAGE
With a ten-year surrender charge schedule
RAVA 5 ADVANTAGE
With a seven-year surrender charge schedule
RAVA 5 SELECT
RAVA 5 ACCESS
(1) In these examples, the contract administrative charge is $50.
(2) In these examples, the contract administrative charge is $30.
(3) Because these examples are intended to illustrate the most expensive
combination of contract features, the maximum annual fee for each optional
benefit is reflected rather than the fee that is currently being charged.
THE EXAMPLES ARE ILLUSTRATIVE ONLY. YOU SHOULD NOT CONSIDER THESE EXAMPLES AS A
REPRESENTATION OF PAST OR FUTURE EXPENSES. ACTUAL EXPENSES WILL BE HIGHER OR
LOWER THAN THOSE SHOWN DEPENDING UPON WHICH OPTIONAL BENEFIT YOU ELECT OTHER
THAN INDICATED IN THE EXAMPLES OR IF YOU ALLOCATE CONTRACT VALUE TO ANY OTHER
AVAILABLE SUBACCOUNTS.
14
CONDENSED FINANCIAL INFORMATION
You can find unaudited condensed financial information for the subaccounts in
Appendix G.
FINANCIAL STATEMENTS
You can find our audited financial statements and the audited financial
statements of the divisions, which are comprised of subaccounts, in the SAI. The
SAI does not include audited financial statements for divisions that are new and
have no activity as of the financial statement date.
THE VARIABLE ACCOUNT AND THE FUNDS
THE VARIABLE ACCOUNT: The variable account was established under Minnesota law
on Aug. 23, 1995, and the subaccounts are registered together as a single unit
investment trust under the Investment Company Act of 1940 (the 1940 Act). This
registration does not involve any supervision of our management or investment
practices and policies by the SEC. All obligations arising under the contracts
are general obligations of RiverSource Life.
The variable account meets the definition of a separate account under federal
securities laws. We credit or charge income, capital gains and capital losses of
each subaccount only to that subaccount. State insurance law prohibits us from
charging a subaccount with liabilities of any other subaccount or of our general
business. The variable account includes other subaccounts that are available
under contracts that are not described in this prospectus.
Although the Internal Revenue Service (IRS) has issued some guidance on investor
control, the U.S. Treasury and the IRS may continue to examine this aspect of
variable contracts and provide additional guidance on investor control. At this
time, we do not know what the additional guidance will be or when action will be
taken. We reserve the right to modify the contract, as necessary, so that the
owner will not be subject to current taxation as the owner of the subaccount
assets.
We intend to comply with all federal tax laws so that the contract continues to
qualify as an annuity for federal income tax purposes. We reserve the right to
modify the contract as necessary to comply with any new tax laws.
THE FUNDS: The contracts currently offer subaccounts investing in shares of the
funds. For a list of underlying funds with a summary of investment objectives,
investment advisers and subadvisers, please see Appendix A.
INVESTMENT OBJECTIVES: The investment managers and advisers cannot guarantee
that the funds will meet their investment objectives. Please read the funds'
prospectuses for facts you should know before investing. These prospectuses
are available by contacting us at the address or telephone number on the
first page of this prospectus.
FUND NAME AND MANAGEMENT: A fund underlying your contract in which a
subaccount invests may have a name, portfolio manager, objectives,
strategies and characteristics that are the same or substantially similar to
those of a publicly-traded retail mutual fund. Despite these similarities,
an underlying fund is not the same as any publicly-traded retail mutual
fund. Each underlying fund will have its own unique portfolio holdings,
fees, operating expenses and operating results. The results of each
underlying fund may differ significantly from any publicly-traded retail
mutual fund.
ELIGIBLE PURCHASERS: All funds are available to serve as the underlying
investments for variable annuities and variable life insurance policies.
The funds are not available to the public (see "Fund name and management"
above). Some funds also are available to serve as investment options for
tax-deferred retirement plans. It is possible that in the future for tax,
regulatory or other reasons, it may be disadvantageous for variable annuity
accounts and variable life insurance accounts and/or tax-deferred
retirement plans to invest in the available funds simultaneously. Although
we and the funds do not currently foresee any such disadvantages, the
boards of directors or trustees of each fund will monitor events in order
to identify any material conflicts between annuity owners, policy owners
and tax-deferred retirement plans and to determine what action, if any,
should be taken in response to a conflict. If a board were to conclude that
it should establish separate fund providers for the variable annuity,
variable life insurance and tax-deferred retirement plan accounts, you
would not bear any expenses associated with establishing separate funds.
Please refer to the funds' prospectuses for risk disclosure regarding
simultaneous investments by variable annuity, variable life insurance and
tax-deferred retirement plan accounts. Each fund intends to comply with the
diversification requirements under Section 817(h) of the Code.
15
ASSET ALLOCATION PROGRAMS MAY IMPACT FUND PERFORMANCE: Asset allocation
programs in general may negatively impact the performance of an underlying
fund. Even if you do not participate in an asset allocation program, a fund
in which your subaccount invests may be impacted if it is included in an
asset allocation program. Rebalancing or reallocation under the terms of
the asset allocation program may cause a fund to lose money if it must sell
large amounts of securities to meet a redemption request. These losses can
be greater if the fund holds securities that are not as liquid as others;
for example, various types of bonds, shares of smaller companies and
securities of foreign issuers. A fund may also experience higher expenses
because it must sell or buy securities more frequently than it otherwise
might in the absence of asset allocation program rebalancing or
reallocations. Because asset allocation programs include periodic
rebalancing and may also include reallocation, these effects may occur
under the asset allocation program we offer or under asset allocation
programs used in conjunction with the contracts and plans of other eligible
purchasers of the funds.
FUNDS AVAILABLE UNDER THE CONTRACT: We seek to provide a broad array of
underlying funds taking into account the fees and charges imposed by each
fund and the contract charges we impose. We select the underlying funds in
which the subaccounts initially invest and when there is substitution (see
"Substitution of Investments"). We also make all decisions regarding which
funds to retain in a contract, which funds to add to a contract and which
funds will no longer be offered in a contract. In making these decisions,
we may consider various objective and subjective factors. Objective factors
include, but are not limited to fund performance, fund expenses, classes of
fund shares available, size of the fund and investment objectives and
investing style of the fund. Subjective factors include, but are not
limited to, investment sub-styles and process, management skill and history
at other funds and portfolio concentration and sector weightings. We also
consider the levels and types of revenue, including but not limited to
expense payments and non-cash compensation a fund, its distributor,
investment adviser, subadviser, transfer agent or their affiliates pay us
and our affiliates. This revenue includes, but is not limited to
compensation for administrative services provided with respect to the fund
and support of marketing and distribution expenses incurred with respect to
the fund.
REVENUE WE RECEIVE FROM THE FUNDS MAY CREATE POTENTIAL CONFLICTS OF
INTEREST: We or our affiliates receive from each of the funds, or the
funds' affiliates, varying levels and types of revenue including but not
limited to expense payments and non-cash compensation. The amount of this
revenue and how it is computed varies by fund, may be significant and may
create potential conflicts of interest. The greatest amount and percentage
of revenue we and our affiliates receive comes from assets allocated to
subaccounts investing in the funds that are managed by our affiliates
Columbia Management Investment Advisers, LLC (Columbia Management
Investment Advisers) or Columbia Wanger Asset Management, LLC (Columbia
Wanger Asset Management) (affiliated funds). Employee compensation and
operating goals at all levels are tied to the success of Ameriprise
Financial, Inc. and its affiliates, including us. Certain employees may
receive higher compensation and other benefits based, in part, on contract
values that are invested in the affiliated funds. We or our affiliates
receive revenue which ranges up to 0.64% of the average daily net assets
invested in the underlying funds through this and other contracts we and
our affiliate issue. We or our affiliates may also receive revenue which
ranges up to 0.04% of aggregate, net or anticipated sales of underlying
funds through this and other contracts we and our affiliate issue. Please
see the SAI for a table that ranks the underlying funds according to total
dollar amounts they and their affiliates paid us or our affiliates in the
prior calendar year.
Expense payments, non-cash compensation and other forms of revenue may
influence recommendations your investment professional makes regarding
whether you should invest in one of these contracts, and whether you should
allocate purchase payments or contract value to a subaccount that invests
in a particular fund (see "About the Service Providers").
The revenue we or our affiliates receive from a fund or its affiliates is
in addition to revenue we receive from the charges you pay when buying,
owning and surrendering the contract (see "Expense Summary"). However, the
revenue we or our affiliates receive from a fund or its affiliates may
come, at least in part, from the fund's fees and expenses you pay
indirectly when you allocate contract value to the subaccount that invests
in that fund.
WHY REVENUES ARE PAID TO US: In accordance with applicable laws,
regulations and the terms of the agreements under which such revenue is
paid, we or our affiliates may receive these revenues including but not
limited to expense payments and non-cash compensation for various purposes:
- Compensating, training and educating financial advisors who sell the
contracts.
- Granting access to our employees whose job it is to promote sales of
the contracts by authorized selling firms and their financial
advisors, and granting access to financial advisors of our affiliated
selling firms.
16
- Activities or services we or our affiliates provide that assist in the
promotion and distribution of the contracts including promoting the
funds available under the contracts to prospective and existing
contract owners, authorized selling firms and financial advisors.
- Providing sub-transfer agency and shareholder servicing to contract
owners.
- Promoting, including and/or retaining the fund's investment portfolios
as underlying investment options in the contracts.
- Advertising, printing and mailing sales literature, and printing and
distributing prospectuses and reports.
- Furnishing personal services to contract owners, including education
of contract owners, answering routine inquiries regarding a fund,
maintaining accounts or providing such other services eligible for
service fees as defined under the rules of the Financial Industry
Regulatory Authority (FINRA).
- Subaccounting, transaction processing, recordkeeping and
administration.
SOURCES OF REVENUE RECEIVED FROM AFFILIATED FUNDS: The affiliated funds are
managed by Columbia Management Investment Advisers or Columbia Wanger Asset
Management. The sources of revenue we receive from these affiliated funds,
or from affiliates of these funds, may include, but are not necessarily
limited to, the following:
- Assets of the fund's adviser and transfer agent or an affiliate of
these. The revenue resulting from these sources may be based either on
a percentage of average daily net assets of the fund or on the actual
cost of certain services we provide with respect to the fund. We may
receive this revenue either in the form of a cash payment or it may be
allocated to us.
- Compensation paid out of 12b-1 fees that are deducted from fund assets
and disclosed in the "12b-1 fees" column of the "Annual Operating
Expenses of the Funds" table.
SOURCES OF REVENUE RECEIVED FROM UNAFFILIATED FUNDS: The unaffiliated funds
are not managed by an affiliate of ours. The sources of revenue we receive
from these unaffiliated funds, or the funds' affiliates, may include, but
are not necessarily limited to, the following:
- Assets of the fund's adviser, subadviser, transfer agent or an
affiliate and assets of the fund's distributor or an affiliate. The
revenue resulting from these sources usually is based on a percentage
of average daily net assets of the fund but there may be other types
of payment arrangements.
- Compensation paid out of 12b-1 fees that are deducted from fund assets
and disclosed in the "12b-1 fees" column of the "Annual Operating
Expenses of the Funds" table.
GUARANTEE PERIOD ACCOUNTS (GPAS)
The GPAs may not be available for contracts in some states.
Currently, unless you have elected one of the optional living benefit riders,
you may allocate purchase payments to one or more of the GPAs with guarantee
periods declared by us. These periods of time may vary by state. The required
minimum investment in each GPA is $1,000. These accounts are not offered after
the annuitization start date.
Each GPA pays an interest rate that is declared when you make an allocation to
that account. That interest rate is then fixed for the guarantee period that you
chose. We will periodically change the declared interest rate for any future
allocations to these accounts, but we will not change the rate paid on money
currently in a GPA. The GPA interests under the contracts are registered with
the SEC. The SEC staff reviews the disclosures in this prospectus on the GPA
interests.
The interest rates that we will declare as guaranteed rates in the future are
determined by us at our discretion (future rates).
17
We will determine future rates based on various factors including, but not
limited to, the interest rate environment, returns earned on investments in the
nonunitized separate account we have established for the GPAs, the rates
currently in effect for new and existing RiverSource Life annuities, product
design, competition and RiverSource Life's revenues and other expenses. Interest
rates offered may vary by state, but will not be lower than state law allows. WE
CANNOT PREDICT NOR CAN WE GUARANTEE WHAT FUTURE RATES WILL BE.
We hold amounts you allocate to the GPAs in a "nonunitized" separate account.
This separate account provides an additional measure of assurance that we will
make full payment of amounts due under the GPAs. State insurance law prohibits
us from charging this separate account with liabilities of any other separate
account or of our general business. We own the assets of this separate account
as well as any favorable investment performance of those assets. You do not
participate in the performance of the assets held in this separate account. We
guarantee all benefits relating to your value in the GPAs. This guarantee is
based on the continued claims-paying ability of the company's general account.
You should be aware that our general account is exposed to the risks normally
associated with a portfolio of fixed-income securities, including interest rate,
option, liquidity and credit risk. The financial statements contained in the SAI
include a further discussion of the risks inherent within the investments of the
general account.
We intend to construct and manage the investment portfolio relating to the
separate account in such a way as to minimize the impact of fluctuations in
interest rates. We achieve this by constructing a portfolio of assets with a
price sensitivity to interest rate changes (i.e., price duration) that is
similar to the price duration of the corresponding portfolio of liabilities.
We must invest this portfolio of assets in accordance with requirements
established by applicable state laws regarding the nature and quality of
investments that life insurance companies may make and the percentage of their
assets that they may commit to any particular type of investment. Our investment
strategy will incorporate the use of a variety of debt instruments having price
durations tending to match the applicable guarantee periods. These instruments
include, but are not necessarily limited to, the following:
Securities issued by the U.S. government or its agencies or
instrumentalities, which issues may or may not be guaranteed by the U.S.
government;
Debt securities that have an investment grade, at the time of purchase,
within the four highest grades assigned by any of three nationally
recognized rating agencies -- Standard & Poor's, Moody's Investors Service
or Fitch -- or are rated in the two highest grades by the National
Association of Insurance Commissioners;
Debt instruments that are unrated, but which are deemed by RiverSource Life
to have an investment quality within the four highest grades;
Other debt instruments which are unrated or rated below investment grade,
limited to 15% of assets at the time of purchase; and
Real estate mortgages, limited to 30% of portfolio assets at the time of
acquisition.
In addition, options and futures contracts on fixed income securities will be
used from time to time to achieve and maintain appropriate investment and
liquidity characteristics on the overall asset portfolio.
While this information generally describes our investment strategy, we are not
obligated to follow any particular strategy except as may be required by federal
law and Minnesota and other state insurance laws.
MARKET VALUE ADJUSTMENT (MVA)
We will not apply an MVA to contract value you transfer or surrender out of the
GPAs during the 30-day period ending on the last day of the guarantee period.
During this 30 day window you may choose to start a new guarantee period of the
same length, transfer the contract value from the specified GPA to a GPA of
another length, transfer the contract value from the specified GPA to any of the
subaccounts or the regular fixed account, or surrender the value from the
specified GPA (all subject to applicable surrender and transfer provisions). If
we do not receive any instructions by the end of your guarantee period, we will
automatically transfer the contract value from the specified GPA into the
shortest GPA term offered in your state. If no GPAs are offered, we will
transfer the value to the regular fixed account, if available. If the regular
fixed account is not available, we will transfer the value to the money market
or cash management variable subaccount we designate.
18
We guarantee the contract value allocated to the GPAs, including interest
credited, if you do not make any transfers or surrenders from the GPAs prior to
30 days before the end of the guarantee period (30-day rule). At all other
times, and unless one of the exceptions to the 30-day rule described below
applies, we will apply an MVA if you surrender or transfer contract value from a
GPA or you elect an annuity payout plan while you have contract value invested
in a GPA. We will refer to these transactions as "early surrenders." The
application of an MVA may result in either a gain or loss of principal.
The 30-day rule does not apply and no MVA will apply to:
amounts surrendered under contract provisions that waive surrender charges
for Hospital or Nursing Home Confinement and Terminal Illness Diagnosis;
and
amounts deducted for fees and charges.
Amounts we pay as death claims will not be reduced by any MVA.
When you request an early surrender, we adjust the early surrender amount by an
MVA formula. The early surrender amount reflects the relationship between the
guaranteed interest rate you are earning in your current GPA and the interest
rate we are crediting on new GPAs that end at the same time as your current GPA.
The MVA is sensitive to changes in current interest rates. The magnitude of any
applicable MVA will depend on our current schedule of guaranteed interest rates
at the time of the surrender, the time remaining in your guarantee period and
your guaranteed interest rate. The MVA is negative, zero or positive depending
on how the guaranteed interest rate on your GPA compares to the interest rate of
a new GPA for the same number of years as the guarantee period remaining on your
GPA. This is summarized in the following table:
IF YOUR GPA RATE IS: THE MVA IS:
------------------------------------- -----------
Less than the new GPA rate + 0.10% Negative
Equal to the new GPA rate + 0.10% Zero
Greater than the new GPA rate + 0.10% Positive
For an example, see Appendix B.
THE FIXED ACCOUNT
Amounts allocated to the fixed account become part of our general account. The
fixed account includes the regular fixed account and the Special DCA fixed
account. We credit interest on amounts you allocate to the fixed account at
rates we determine from time to time at our discretion. These rates will be
based on various factors including, but not limited to, the interest rate
environment, returns we earn on our general account investments, the rates
currently in effect for new and existing RiverSource Life annuities, product
design, competition, and RiverSource Life's revenues and expenses. The
guaranteed minimum interest rate on amounts invested in the fixed account may
vary by state but will not be lower than state law allows. We back the principal
and interest guarantees relating to the fixed account. These guarantees are
based on the continued claims-paying ability of RiverSource Life. You should be
aware that our general account is exposed to the risks normally associated with
a portfolio of fixed-income securities, including interest rate, option,
liquidity and credit risk. You should also be aware that we issue other types of
insurance and financial products as well, and we also pay our obligations under
these products from assets in our general account. Our general account is not
segregated or insulated from the claims of our creditors. The financial
statements contained in the SAI include a further discussion of the risks
inherent within the investments of the general account.
The fixed account is not required to be registered with the SEC. The SEC staff
does not review the disclosures in this prospectus on the fixed account,
however, disclosures regarding the fixed account may be subject to certain
generally applicable provisions of the federal securities laws relating to the
accuracy and completeness of statements made in prospectuses.
THE REGULAR FIXED ACCOUNT
For RAVA 5 Advantage and RAVA 5 Select, unless you have elected a living benefit
rider, you also may allocate purchase payments or transfer contract value to the
regular fixed account. For RAVA 5 Access contracts, you cannot allocate purchase
payments or transfer contract value to the regular fixed account. The value of
the regular fixed account increases as we credit interest to the account. We
credit and compound interest daily based on a 365-day year (366 in a leap year)
so as to produce the annual effective rate which we
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declare. The interest rate we apply to each purchase payment or transfer to the
regular fixed account is guaranteed for one year. Thereafter, we will change the
rates from time to time at our discretion, but your interest rate for each
purchase payment or transfer will never change more frequently than annually.
There are restrictions on transfers from this account and may be restrictions on
the amount you can allocate to this account (See "Making the Most of Your
Contract -- Transfer policies".).
THE SPECIAL DCA FIXED ACCOUNT
You may allocate purchase payments to the Special DCA fixed account. You may not
transfer contract value to the Special DCA fixed account.
You may allocate your entire initial purchase payment to the Special DCA fixed
account for a term of six or twelve months. We reserve the right to offer
shorter or longer terms for the Special DCA fixed account.
In accordance with your investment instructions, we transfer a pro rata amount
from the Special DCA fixed account to the subaccounts so that, at the end of the
Special DCA fixed account term, the balance of the Special DCA fixed account is
zero. The first Special DCA monthly transfer occurs one day after we receive
your payment. You may not use the regular fixed account or any GPA as a
destination for the Special DCA monthly transfer.
The value of the Special DCA fixed account increases when we credit interest to
the Special DCA fixed account, and decreases when we make monthly transfers from
the Special DCA fixed account. When you allocate a purchase payment to the
Special DCA fixed account, the interest rates applicable to that purchase
payment will be the rates in effect for the Special DCA fixed account term you
choose on the date we receive your purchase payment. The applicable interest
rate is guaranteed for the length of the term for the Special DCA fixed account
term you choose. We credit and compound interest daily based on a 365-day year
(366 in a leap year) so as to produce the annual effective rate which we
declare. We credit interest only on the declining balance of the Special DCA
fixed account; we do not credit interest on amounts that have been transferred
from the Special DCA fixed account. As a result, the net effective interest
rates we credit will be less than the declared annual effective rates.
Generally, we will credit the Special DCA fixed account with interest at the
same annual effective rate we apply to the regular fixed account on the date we
receive your purchase payment, regardless of the length of the term you select.
From time to time, we may credit interest to the Special DCA fixed account at
promotional rates that are higher than those we credit to the regular fixed
account. We reserve the right to declare different annual effective rates:
for the Special DCA fixed account and the regular fixed account; and
for the Special DCA fixed accounts with terms of differing length.
Alternatively, you may allocate your initial purchase payment to any combination
of the following which equals one hundred percent of the amount you invest:
the Special DCA fixed account for a six month term;
the Special DCA fixed account for a twelve month term;
the Portfolio Stabilizer funds for SecureSource 3 and APB riders:
unless you have elected one of the optional living benefit riders, to the
regular fixed account, the GPAs and/or the subaccounts, subject to
investment minimums and other restrictions we may impose on investments in
the regular fixed account and the GPAs.
Once you establish a Special DCA fixed account, you cannot allocate additional
purchase payments to it. However, you may establish another Special DCA fixed
account and allocate new purchase payments to it.
You may discontinue any Special DCA fixed account before the end of its term by
giving us notice. If you do so, we will transfer the remaining balance of the
Special DCA fixed account: 1) to the Portfolio Stabilizer fund, if a living
benefit rider is elected, 2) either in accordance with your investment
instructions to us or to the regular fixed account, if no living benefit rider
is elected. Transfers are subject to investment minimums and other restrictions
we may impose on investments in the regular fixed account, including but not
limited to, any limitations described in this prospectus on transfers (see
"Transfer policies").
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Dollar-cost averaging from the Special DCA fixed account does not guarantee that
any subaccount will gain in value nor will it protect against a decline in value
if market prices fall. For a discussion of how dollar-cost averaging works, see
"Making the Most of your Contract -- Automated Dollar-Cost Averaging."
BUYING YOUR CONTRACT
You can fill out an application and send it along with your initial purchase
payment to our corporate office. You may buy RAVA 5 Advantage, RAVA 5 Select or
RAVA 5 Access. Each contract has different mortality and expense risk fees. RAVA
5 Access does not have surrender charges, but it has the highest mortality and
expense risk fees of the three contracts. RAVA 5 Select has a four-year
surrender charge schedule and lower mortality and expense risk fees then RAVA 5
Access. RAVA 5 Advantage offers a choice of a seven-year or ten-year surrender
charge schedule and the lowest mortality and expense risk fees of the three
contracts. After the 10th contract anniversary, the mortality and expense risk
fees will be the same for the three contracts. We are required by law to obtain
personal information from you which we will use to verify your identity. If you
do not provide this information we reserve the right to refuse to issue your
contract or take other steps we deem reasonable. As the owner, you have all
rights and may receive all benefits under the contract. You may buy a qualified
or nonqualified annuity. Generally, you can own a nonqualified annuity in joint
tenancy with rights of survivorship only in spousal situations. You cannot own a
qualified annuity in joint tenancy. You can buy a contract if you are 90 or
younger.
When you apply, you may select (if available in your state):
GPAs, the regular fixed account(1), subaccounts and/or the Special DCA fixed
account in which you want to invest;
how you want to make purchase payments;
a beneficiary;
under RAVA 5 Advantage, the length of the surrender charge period (seven or
ten years);
one of the following optional death benefit riders:
- ROPP Death Benefit;
- MAV Death Benefit;
- 5-Year MAV Death Benefit;
- 5% Accumulation Death Benefit; or
- Enhanced Death Benefit.
one of the following additional optional death benefit riders:
- Benefit Protector Death Benefit(2); or
- Benefit Protector Plus Death Benefit(2);
one of the following optional living benefit riders:
- SecureSource 3; or
- Accumulation Protector Benefit.
(1) For RAVA 5 Access contracts, the regular fixed account is not available.
(2) Not available with the 5% Accumulation or Enhanced Death Benefits.
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We restrict investment options if you select a SecureSource 3 or APB rider.
If you choose a SecureSource 3 or APB rider, you are required to allocate your
purchase payments and contract value to the Portfolio Stabilizer funds, as
described in the "Investment Allocation Restriction for Living Benefit Riders --
Portfolio Stabilizer funds" section in this prospectus.
The contracts provide for allocation of purchase payments to the subaccounts of
the variable account, to the GPAs, to the regular fixed account (if available)
and/or to the Special DCA fixed account subject to the $1,000 required minimum
investment for the GPAs. We currently allow you to allocate the total amount of
purchase payment to the regular fixed account for RAVA 5 Advantage and RAVA 5
Select. We reserve the right to limit purchase payment allocations to the
regular fixed account at any time on a non-discriminatory basis with
notification, subject to state restrictions. You cannot allocate purchase
payments to the fixed account for six months following a partial surrender from
the fixed account, a lump sum transfer from the regular fixed account, or
termination of automated transfers from the Special DCA fixed account prior to
the end of the Special DCA fixed account term.
If your application is complete, we will process it and apply your purchase
payment to your investment selections within two business days after we receive
it at our corporate office. If we accept your application, we will send you a
contract. If your application is not complete, you must give us the information
to complete it within five business days. If we cannot accept your application
within five business days, we will decline it and return your payment unless you
specifically ask us to keep the payment and apply it once your application is
complete.
We will credit additional purchase payments you make to your accounts on the
valuation date we receive them. If we receive an additional purchase payment at
our corporate office before the close of business, we will credit any portion of
that payment allocated to the subaccounts using the accumulation unit value we
calculate on the valuation date we received the payment. If we receive an
additional purchase payment at our corporate office at or after the close of
business, we will credit any portion of that payment allocated to the
subaccounts using the accumulation unit value we calculate on the next valuation
date after we received the payment.
You may make regular payments to your contract under a scheduled payment plan.
You must make an initial purchase payment of $1,000, $2,000 or $10,000 depending
on the product and tax qualification (see "Buying Your Contract -- Purchase
Payments"). Then, to begin the scheduled payment plan, you will complete and
send a form and your first scheduled payment plan payment along with your
application. There is no charge for the scheduled payment plan. You can stop
your scheduled payment plan payments at any time.
THE ANNUITIZATION START DATE
Annuity payouts begin on the annuitization start date. This means that the
contract will be annuitized or converted to a stream of monthly payments. If
your contract is annuitized, the contract goes into payout and only the annuity
payout provisions continue. You will no longer have access to your contract
value. This means that the death benefit and any optional benefits you have
elected will end. When we process your application, we will establish the
annuitization start date to be the maximum age (or contract anniversary if
applicable). You also can change the annuitization start date, provided you send
us written instructions at least 30 days before annuity payouts begin.
The annuitization start date must be:
no earlier than the 30th day after the contract's effective date; and no
later than
the owner's 95th birthday or the tenth contract anniversary, if later,
or such other date as agreed to by us.
Six months prior to your annuitization date, we will contact you with your
options including the option to postpone your annuitization start date to a
future date. You can also choose to delay the annuitization of your contract
beyond age 95 indefinitely, to the extent allowed by applicable tax laws.
If you do not make an election, annuity payouts using the contract's default
option of annuity payout Plan B - Life with 10 years certain will begin on the
annuitization start date and your monthly annuity payments will continue for as
long as the annuitant lives. If the annuitant does not survive 10 years,
beneficiaries will continue to receive payments until 10 years of payments have
been made.
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If you own a qualified annuity (for example, an IRA) and tax laws require that
you take distributions from your annuity prior to your new annuitization start
date, your contract will not be automatically annuitized. However, if you
choose, you can elect to request annuitization or take partial surrenders to
meet your required minimum distributions.
Please see "SecureSource 3 -- Other Provisions" section regarding options under
this rider at the annuitization start date.
BENEFICIARY
We will pay to your named beneficiary the death benefit if it becomes payable
while the contract is in force and before the annuitization start date. If there
is more than one beneficiary we will pay each beneficiary's designated share
when we receive their completed claim. A beneficiary will bear the investment
risk of the variable account until we receive the beneficiary's completed claim.
If there is no named beneficiary, then the default provisions of your contract
will apply. (See "Benefits in Case of Death" for more about beneficiaries.)
If you select the SecureSource 3 - Joint Life rider please consider carefully
whether or not you wish to change the beneficiary of your annuity contract. The
rider will terminate if the surviving covered spouse can not utilize the spousal
continuation provision of the contract when the death benefit is payable.
PURCHASE PAYMENTS
Purchase payment amounts and purchase payment timing may vary by state and be
limited under the terms of the contract. If we do not receive your initial
purchase payment within 180 days from the application signed date, we will
consider your contract void from the start.
MINIMUM INITIAL PURCHASE PAYMENTS*
RAVA 5 RAVA 5 RAVA 5
ADVANTAGE SELECT ACCESS
--------- --------- ----------
QUALIFIED ANNUITIES.................................. $ 1,000 $ 2,000 $ 2,000
NONQUALIFIED ANNUITIES............................... $ 2,000 $ 10,000 $ 10,000
MINIMUM ADDITIONAL PURCHASE PAYMENTS*
$ 50
MAXIMUM TOTAL PURCHASE PAYMENTS** (without corporate office approval) based on
the contract year and your age on the effective date of the payment:
RAVA 5 ADVANTAGE
For the first contract year and total:
through age 85............................................... $ 1,000,000
for ages 86 to 90............................................ $ 100,000
age 91 or older.............................................. $ 0
For each contract year thereafter:
through age 85............................................... $ 100,000
for ages 86 to 90............................................ $ 50.000
age 91 or older.............................................. $ 0
RAVA 5 ACCESS AND RAVA 5 SELECT
For the first contract year and total:
through age 85............................................... $ 1,000,000
for ages 86 to 90............................................ $ 100,000
age 91 or older.............................................. $ 0
For the second through fifth contract year:
through age 85............................................... $ 100,000
for ages 86 to 90............................................ $ 50,000
age 91 or older.............................................. $ 0
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For each contract year thereafter***:
through age 85............................................... $ 0
for ages 86 to 90............................................ $ 0
age 91 or older.............................................. $ 0
* If a group billing arrangement is set up through your employer,
the minimum initial and minimum additional purchase payments is $25.00.
** These limits apply in total to all RiverSource Life annuities you
own unless a higher amount applies to your contract. We reserve the
right to waive or increase the maximum limit. For qualified annuities,
the Code's limits on annual contributions also apply. Additional
purchase payments for inherited IRA contracts cannot be made unless the
payment is IRA money inherited from the same decedent.
*** If this is a tax qualified contract, we allow additional purchase
payments in any contract year up to the maximum permissible annual
contribution described by the Code that was in effect on the contract
date.
Additional purchase payment restrictions for contracts with the SecureSource
3 rider
The rider prohibits additional purchase payments if:
(1) You decline any increase to the annual rider fee, or
(2) the ALP is established and your contract value on an anniversary is less
than four times the benefit base multiplied by the minimum lifetime payment
percentage for your current age band.
Additional purchase payment restrictions for contracts with the Accumulation
Protector Benefit rider
Additional purchase payments for contracts with the Accumulation Protector
Benefit rider are not allowed during the Waiting Period except for the first 180
days (1) immediately following the effective date and (2) following the last
contract anniversary for each elective step up.
Subject to state restrictions, we reserve the right to make further purchase
payment limitations upon written notice.
HOW TO MAKE PURCHASE PAYMENTS
1 BY LETTER
Send your check along with your name and contract number to:
RIVERSOURCE LIFE INSURANCE COMPANY
70100 AMERIPRISE FINANCIAL CENTER
MINNEAPOLIS, MN 55474
2 BY SCHEDULED PAYMENT PLAN
We can help you set up a bank authorization.
LIMITATIONS ON USE OF CONTRACTS
If mandated by applicable law, including but not limited to, federal anti-money
laundering laws, we may be required to reject a purchase payment. We may also be
required to block an owner's access to contract values and satisfy other
statutory obligations. Under these circumstances, we may refuse to implement
requests for transfers, surrenders or death benefits until instructions are
received from the appropriate governmental authority or court of competent
jurisdiction.
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CHARGES
CONTRACT ADMINISTRATIVE CHARGE
We charge this fee for establishing and maintaining your records. Currently, we
deduct $30 from your contract value on your contract anniversary or, if earlier,
when the contract is fully surrendered. We prorate this charge among the GPAs,
the fixed account and the subaccounts in the same proportion your interest in
each account bears to your total contract value. We reserve the right to
increase this charge after the first contract anniversary to a maximum of $50.
We will waive this charge when your contract value is $50,000 or more on the
current contract anniversary. We reserve the right to charge up to $20 after the
first contract anniversary for contracts with contract value of $50,000 or more.
If you take a full surrender of your contract, we will deduct the charge at the
time of surrender regardless of the contract value. This charge does not apply
to amounts applied to an annuity payment plan or to the death benefit (other
than when deducted from the Full Surrender Value component of the death
benefit).
MORTALITY AND EXPENSE RISK FEE
We charge this fee daily to the subaccounts. The unit values of your subaccounts
reflect this fee. These fees cover the mortality and expense risk that we
assume. These fees do not apply to the GPAs or the fixed account. We cannot
increase these fees for your contract.
The mortality and expense risk fee you pay is based on the product you choose,
the death benefit guarantee in effect, the surrender charge schedule that
applies to your contract and contract year of your contract.
RAVA 5 ADVANTAGE WITH TEN-YEAR SURRENDER CHARGE SCHEDULE
MORTALITY AND
EXPENSE RISK FEE
Standard Death Benefit 0.95%
ROPP Death Benefit(1) 1.30
MAV Death Benefit 1.20
5-year MAV Death Benefit 1.05
5% Accumulation Death Benefit 1.35
Enhanced Death Benefit 1.40
RAVA 5 ADVANTAGE WITH SEVEN-YEAR SURRENDER CHARGE
THROUGH THE 10TH CONTRACT ANNIVERSARY
MORTALITY AND
EXPENSE RISK FEE
Standard Death Benefit 1.10%
ROPP Death Benefit(1) 1.45
MAV Death Benefit 1.35
5-year MAV Death Benefit 1.20
5% Accumulation Death Benefit 1.50
Enhanced Death Benefit 1.55
AFTER THE 10TH CONTRACT ANNIVERSARY
MORTALITY AND
EXPENSE RISK FEE
Standard Death Benefit 0.95%
ROPP Death Benefit(1) 1.30
MAV Death Benefit 1.20
5-year MAV Death Benefit 1.05
5% Accumulation Death Benefit 1.35
Enhanced Death Benefit 1.40
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RAVA 5 SELECT
THROUGH THE 10TH CONTRACT ANNIVERSARY
MORTALITY AND
EXPENSE RISK FEE
Standard Death Benefit 1.35%
ROPP Death Benefit(1) 1.70
MAV Death Benefit 1.60
5-year MAV Death Benefit 1.45
5% Accumulation Death Benefit 1.75
Enhanced Death Benefit 1.80
AFTER THE 10TH CONTRACT ANNIVERSARY
MORTALITY AND
EXPENSE RISK FEE
Standard Death Benefit 0.95%
ROPP Death Benefit(1) 1.30
MAV Death Benefit 1.20
5-year MAV Death Benefit 1.05
5% Accumulation Death Benefit 1.35
Enhanced Death Benefit 1.40
RAVA 5 ACCESS
THROUGH THE 10TH CONTRACT ANNIVERSARY
MORTALITY AND
EXPENSE RISK FEE
Standard Death Benefit 1.50%
ROPP Death Benefit(1) 1.85
MAV Death Benefit 1.75
5-year MAV Death Benefit 1.60
5% Accumulation Death Benefit 1.90
Enhanced Death Benefit 1.95
AFTER THE 10TH CONTRACT ANNIVERSARY
MORTALITY AND
EXPENSE RISK FEE
Standard Death Benefit 0.95%
ROPP Death Benefit(1) 1.30
MAV Death Benefit 1.20
5-year MAV Death Benefit 1.05
5% Accumulation Death Benefit 1.35
Enhanced Death Benefit 1.40
(1) Only available for purchase as an optional rider for ages 80 or older on
the rider effective date.
Mortality risk arises because of our guarantee to pay a death benefit and our
guarantee to make annuity payouts according to the terms of the contract, no
matter how long a specific owner or annuitant lives and no matter how long our
entire group of owners or annuitants live. If, as a group, owners or annuitants
outlive the life expectancy we assumed in our actuarial tables, we must take
money from our general assets to meet our obligations. If, as a group, owners or
annuitants do not live as long as expected, we could profit from the mortality
risk fee. We deduct the mortality risk fee from the subaccounts during the
annuity payout period even if the annuity payout plan does not involve a life
contingency.
Expense risk arises because we cannot increase the contract administrative
charge more than $20 per contract and this charge may not cover our expenses. We
would have to make up any deficit from our general assets. We could profit from
the expense risk fee if future expenses are less than expected.
26
The subaccounts pay us the mortality and expense risk fee they accrued as
follows:
first, to the extent possible, the subaccounts pay this fee from any
dividends distributed from the funds in which they invest;
then, if necessary, the funds redeem shares to cover any remaining fees
payable.
We may use any profits we realize from the subaccounts' payment to us of the
mortality and expense risk fee for any proper corporate purpose, including,
among others, payment of distribution (selling) expenses. We do not expect that
the surrender charge for RAVA 5 Advantage or RAVA 5 Select, discussed in the
following paragraphs, will cover sales and distribution expenses.
SURRENDER CHARGE
If you surrender all or part of your contract before the annuitization start
date, we may deduct a surrender charge. For RAVA 5 Advantage, a surrender charge
applies if all or part of the surrender amount is from purchase payments we
received within seven or ten years before surrender. You select the surrender
charge period at the time of your application for the contract. For RAVA 5
Select, a surrender charge applies if you surrender all or part of your contract
value in the first four contract years. There is no surrender charge for RAVA 5
Access. The surrender charge percentages that apply to you are shown in your
contract.
If you are buying a new contract as an inherited IRA, please consider carefully
your surrender charge selection. Surrender charges for an inherited IRA are only
waived for life time RMD amounts, not for a 5 year distribution.
You may surrender an amount during any contract year without a surrender charge.
We call this amount the total free amount (FA). The FA varies depending on
whether your contract includes the SecureSource 3 rider.
CONTRACT WITHOUT SECURESOURCE 3 RIDER
The FA is the greater of:
10% of the contract value on the prior contract anniversary, less any prior
surrenders taken in the current contract year; or
current contract earnings.
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During the first contract year, the FA is the greater of:
10% of all purchase payments applied prior to your surrender request, less
any amounts surrendered prior to your surrender request that represent the
FA; or
current contract earnings.
CONTRACT WITH SECURESOURCE 3 RIDER
The FA is the greatest of:
10% of the contract value on the prior contract anniversary less any prior
surrenders taken in the current contract year;
current contract earnings; or
the Remaining Annual Lifetime Payment.
During the first contract year, the FA is the greatest of:
10% of all purchase payments applied prior to your surrender request, less
any amounts surrendered prior to your surrender request that represent the
FA;
current contract earnings; or
the Remaining Annual Lifetime Payment.
Amounts surrendered in excess of the FA may be subject to a surrender charge as
described below.
SURRENDER CHARGE UNDER RAVA 5 ADVANTAGE:
A surrender charge will apply if the amount you surrender includes any of your
prior purchase payments that are still within their surrender charge schedule.
To determine whether your surrender includes any of your prior purchase payments
that are still within their surrender charge schedule, we surrender amounts from
your contract in the following order:
1. First, we surrender the FA. Contract earnings are surrendered first,
followed by purchase payments. We do not assess a surrender charge on the
FA. We surrender payments that are considered part of the FA on a first-in,
first-out (FIFO) basis.
2. Next, we surrender purchase payments received that are beyond the surrender
charge period shown in your contract. We surrender these payments on a FIFO
basis. We do not assess a surrender charge on these payments.
3. Finally, we surrender any additional purchase payments received that are
still within the surrender charge period shown in your contract. We
surrender these payments on a FIFO basis. We do assess a surrender charge
on these payments.
The amount of purchase payments surrendered is calculated using a prorated
formula based on the percentage of contract value being surrendered. As a
result, the amount of purchase payments surrendered may be greater than the
amount of contract value surrendered.
We determine your surrender charge by multiplying each of your payments
surrendered which could be subject to a surrender charge by the applicable
surrender charge percentage (see "Expense Summary"), and then adding the total
surrender charges.
SURRENDER CHARGE UNDER RAVA 5 SELECT:
A surrender charge will apply if you surrender some or all of your contract
value during the first four contract years. The surrender charge amount is
determined by multiplying purchase payments surrendered which could be subject
to a surrender charge by the applicable surrender charge percentage.
28
1. First we surrender the FA. Contract earnings are surrendered first, followed
by purchase payments. We do not assess a surrender charge on the FA.
2. Next, if necessary, we surrender purchase payments. We do assess a surrender
charge on these payments during the first four contract years.
The amount of purchase payments surrendered is calculated using a prorated
formula based on the percentage of contract value being surrendered. As a
result, the amount of purchase payments surrendered may be greater than the
amount of contract value surrendered.
SURRENDER CHARGE UNDER RAVA 5 ACCESS:
There is no surrender charge if you surrender all or part of your contract.
PARTIAL SURRENDERS:
For a partial surrender, we will determine the amount of contract value that
needs to be surrendered, which after any surrender charge and any positive or
negative market value adjustment, will equal the amount you request.
For an example, see Appendix C.
WAIVER OF SURRENDER CHARGES
We do not assess surrender charges for:
surrenders each year that represent the total free amount for that year;
required minimum distributions from a qualified annuity to the extent that
they exceed the free amount. The amount on which surrender charges are
waived can be no greater than the RMD amount calculated under your specific
contract currently in force. Surrender charges for an inherited IRA are
only waived for life time RMD amounts, not for a 5 year distribution;
- amounts applied to an annuity payment plan (EXCEPTION: As described
below, if we agree to allow you to elect annuity payments under a term
certain installment plan and you choose later to surrender the value
of your remaining annuity payments, we will assess a surrender
charge.);
- surrenders made as a result of one of the "Contingent events"
described below to the extent permitted by state law (see your
contract for additional conditions and restrictions). Waiver of
surrender charges for Contingent events will not apply to Tax Free
Exchanges, rollovers and transfers to another annuity contract;
- amounts we refund to you during the free look period; and
- death benefits.
CONTINGENT EVENTS
- Surrenders you make if you are confined to a hospital or nursing home
and have been for the prior 60 days or confinement began within 30
days following a 60 day confinement period. Such confinement must
begin after the contract issue date. Your contract will include this
provision when you are under age 76 at contract issue. You must
provide us with a letter containing proof satisfactory to us of the
confinement as of the date you request the surrender. We must receive
your surrender request no later than 91 days after your release from
the hospital or nursing home. The amount surrendered must be paid
directly to you.
- Surrenders you make if you are diagnosed in the second or later
contract years with a medical condition that with reasonable medical
certainty will result in death within 12 months or less from the date
of the diagnosis. You must provide us with a licensed physician's
statement containing the terminal illness diagnosis, the expected date
of death and the date the terminal illness was initially diagnosed.
The amount surrendered must be paid directly to you.
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SURRENDER CHARGE UNDER A TERM CERTAIN INSTALLMENT PLAN THAT PROVIDES MONTHLY
ANNUITY PAYMENTS FOR A PERIOD OF YEARS: If we agree to allow you to elect
annuity payments over a period of years, ranging from 10 to 30 years , you can
later choose to take a surrender. The amount that you can surrender is the
present value of any remaining variable payouts. The discount rate we use in the
calculation will be 5.17% if the assumed investment return is 3.5% and 6.67% if
the assumed investment return is 5%. The surrender charge equals the present
value of the remaining payouts using the assumed investment return minus the
present value of the remaining payouts using the discount rate.
OTHER INFORMATION ON CHARGES: Ameriprise Financial, Inc. makes certain custodial
services available to some profit sharing, money purchase and target benefit
plans funded by our annuities. Fees for these services start at $30 per calendar
year per participant. Ameriprise Financial, Inc. will charge a termination fee
for owners under age 59 1/2 (fee waived in case of death or disability).
POSSIBLE GROUP REDUCTIONS: In some cases we may incur lower sales and
administrative expenses due to the size of the group, the average contribution
and the use of group enrollment procedures. In such cases, we may be able to
reduce or eliminate certain charges such as the contract administrative and
surrender charges. However, we expect this to occur infrequently.
OPTIONAL LIVING BENEFIT CHARGES
SECURESOURCE 3 RIDER CHARGE
We deduct an annual charge for this optional feature only if you select it as
follows:
SecureSource 3 - Single Life rider, 1.20%
SecureSource 3 - Joint Life rider, 1.30%
The charge is calculated by multiplying the annual rider fee by the greater of
the benefit base (BB) or the anniversary contract value, unless the contract
value is greater than the maximum BB of $10,000,000. In that case, the charge
will be calculated by multiplying the annual rider fee by the maximum BB.
We deduct the charge from your contract value on your contract anniversary. We
prorate this charge among all accounts and subaccounts in the same proportion as
your interest in each bears to your total contract value.
Once you elect the SecureSource 3 rider, you may not cancel it (except as
described below), and the charge will continue to be deducted until the contract
or rider is terminated or until the contract value reduces to zero. If the
contract or rider is terminated for any reason, we will deduct the charge,
adjusted for the number of calendar days coverage was in place since we last
deducted the charge.
We reserve the right to vary the rider fee for each approved investment option.
The SecureSource 3 - Single Life rider fee will not exceed a maximum of 2.25%.
The SecureSource 3 - Joint Life rider fee will not exceed a maximum of 2.25%.
The following describes how your annual rider fee may increase:
1. We may increase the annual rider fee for all approved investment options at
our discretion and on a nondiscriminatory basis up to a maximum fee of
2.25%. Your annual rider fee will increase if we declare an increase to the
fee with written notice 30 days in advance except as described below. The
new fee will be in effect on the date we declare in the written notice.
(A) You can decline this increase and therefore all future fee increases if
we receive your written request prior to the date of the fee increase,
in which case you permanently relinquish:
(i) all future annual step-ups, and for the Joint Life rider, spousal
continuation step-ups,
(ii) any ability to make additional purchase payments,
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(iii) any future annual credits, and the credit base (CB) will be
permanently reset to zero, and
(iv) any increase to the lifetime payment percentage due to changing
age bands on subsequent birthdays and rider anniversaries.
(B) You can terminate this rider if your annual rider fee after any
increase is more than 0.25 percentage points higher than your fee
before the increase and if we receive your written request to terminate
the rider prior to the date of the fee increase.
2. The annual rider fee associated with a specified investment option may
change at our discretion. If you are invested in any investment option that
has an increase in the associated annual rider fee, your annual rider fee
will increase.
If the rider fee changes during a contract year, we will calculate an average
annual rider fee, for that contract year only, that reflects the various
different fees that were in effect that contract year, adjusted for the number
of days each fee was in effect and the percentage of contract value allocated to
each investment option.
The fee does not apply after the annuitization start date or if the rider is
terminated.
ACCUMULATION PROTECTOR BENEFIT RIDER CHARGE
We deduct an annual charge for this optional feature only if you select it. If
selected, we deduct an annual charge based on a fee of 1.30% of the greater of
your contract value or the Minimum Contract Accumulation Value (as defined in
the "Optional Living Benefits - Accumulation Protector Benefit Rider" section)
on your contract anniversary. We prorate this fee among all accounts and
subaccounts in the same proportion as your interest in each bears to your total
contract value. We will modify this prorated approach to comply with state
regulations where necessary.
We reserve the right to vary the rider fee for each approved investment option,
but it will not exceed the maximum fee of 2.00%.
The following describes how your annual rider fee may change:
1. We may change the annual rider fee for any approved investment options at
our discretion and on a nondiscriminatory basis up to a maximum fee of
2.00%. Your annual rider fee will increase if we declare an increase to the
fee with written notice 30 days in advance. The new fee will be in effect on
the date we declare in the written notice. You can terminate this rider if
you are invested in any investment option that has an increase and if we
receive your written request to terminate the rider prior to the date of the
fee increase. However, in order to be eligible for termination you must be
invested in that investment option on the eligibility date we specify in the
written notice.
2. We may also change the annual rider fee(s) if you exercise the elective
step-up option or elective spousal continuation step up. You do not have the
option to terminate the rider if the fee increases due to an elective
step-up.
If multiple rider fees are in effect during a contract year, we will calculate
an average annual rider fee, based on the number of days each fee was in effect
and the percentage of contract value allocated to each investment option.
Once you elect the Accumulation Protector Benefit rider, you may not cancel it
and the charge will continue to be deducted through the end of the Waiting
Period.
If your contract or rider is terminated for any reason including payment of the
death benefit, the rider charge will be deducted, adjusted for the number of
days coverage was in place during the contract year.
The fee does not apply after the Benefit Date or after the annuitization start
date.
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OPTIONAL DEATH BENEFIT CHARGES
BENEFIT PROTECTOR RIDER CHARGE
We deduct a charge for this optional feature only if you select it. If selected,
we deduct an annual fee of 0.25% of your contract value on your contract
anniversary. We prorate this charge among all accounts and subaccounts in the
same proportion your interest in each account bears to your total contract
value. We will modify this prorated approach to comply with state regulations
when necessary.
If the contract or rider is terminated for any reason except your election to
terminate the rider during the 30 day window after certain anniversaries, we
will deduct the charge from the contract value adjusted for the number of
calendar days coverage was in place during the contract year.
We cannot increase this annual fee after the rider effective date.
BENEFIT PROTECTOR PLUS RIDER CHARGE
We deduct a charge for this optional feature only if you select it. If selected,
we deduct an annual fee of 0.40% of your contract value on your contract
anniversary. We prorate this charge among all accounts and subaccounts in the
same proportion your interest in each account bears to your total contract value
We will modify this prorated approach to comply with state regulations when
necessary. If the contract or rider is terminated for any reason except your
election to terminate the rider during the 30 day window after certain
anniversaries, we will deduct the charge from the contract value adjusted for
the number of calendar days coverage was in place during the contract year.
We cannot increase this annual fee after the rider effective date.
FUND FEES AND EXPENSES
There are deductions from and expenses paid out of the assets of the funds that
are described in the prospectuses for those funds. (See "Annual Operating
Expenses of the Funds.")
PREMIUM TAXES
Certain state and local governments impose premium taxes on us (up to 3.5%).
These taxes depend upon your state of residence or the state in which the
contract was sold. Currently, we deduct any applicable premium tax when annuity
payouts begin, but we reserve the right to deduct this tax at other times such
as when you surrender your contract.
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VALUING YOUR INVESTMENT
We value your accounts as follows:
GPA
We value the amounts you allocate to the GPA directly in dollars. The GPA value
equals:
the sum of your purchase payments and transfer amounts allocated to the GPA;
plus interest credited;
minus the sum of amounts surrendered (including any applicable surrender
charges) and amounts transferred out;
minus any prorated portion of the contract administrative charge; and
minus the prorated portion of the charge for any of the following optional
benefits you have selected:
- Benefit Protector Death Benefit; or
- Benefit Protector Plus Death Benefit.
THE FIXED ACCOUNT
We value the amounts you allocate to the fixed account directly in dollars. The
value of the fixed account equals:
the sum of your purchase payments allocated to the regular fixed account and
the Special DCA fixed account, and transfer amounts to the regular fixed
account (including any positive or negative MVA on amounts transferred from
the GPAs);
plus interest credited;
minus the sum of amounts surrendered (including any applicable surrender
charges) and amounts transferred out;
minus any prorated portion of the contract administrative charge; and
minus any prorated portion of the charge for any of the following optional
benefits you have selected:
- Benefit Protector Death Benefit;
- Benefit Protector Plus Death Benefit;
- SecureSource 3 rider; or
- Accumulation Protector Benefit rider.
SUBACCOUNTS
We convert amounts you allocated to the subaccounts into accumulation units.
Each time you make a purchase payment or transfer amounts into one of the
subaccounts, we credit a certain number of accumulation units to your contract
for that subaccount. Conversely, we subtract a certain number of accumulation
units from your contract each time you take a partial surrender, transfer
amounts out of a subaccount, or we assess a contract administrative charge, a
surrender charge or fee for any optional riders with annual charges (if
applicable).
The accumulation units are the true measure of investment value in each
subaccount during the accumulation period. They are related to, but not the same
as, the net asset value of the fund in which the subaccount invests. The dollar
value of each accumulation unit can
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rise or fall daily depending on the variable account expenses, performance of
the fund and on certain fund expenses. Here is how we calculate accumulation
unit values:
NUMBER OF UNITS: to calculate the number of accumulation units for a particular
subaccount we divide your investment by the current accumulation unit value.
ACCUMULATION UNIT VALUE: the current accumulation unit value for each subaccount
equals the last value times the subaccount's current net investment factor.
WE DETERMINE THE NET INVESTMENT FACTOR BY:
adding the fund's current net asset value per share, plus the per share
amount of any accrued income or capital gain dividends to obtain a current
adjusted net asset value per share; then
dividing that sum by the previous adjusted net asset value per share; and
subtracting the percentage factor representing the mortality and expense
risk fee from the result.
Because the net asset value of the fund may fluctuate, the accumulation unit
value may increase or decrease. You bear all the investment risk in a
subaccount.
FACTORS THAT AFFECT SUBACCOUNT ACCUMULATION UNITS: accumulation units may change
in two ways -- in number and in value.
The number of accumulation units you own may fluctuate due to:
additional purchase payments you allocate to the subaccounts;
transfers into or out of the subaccounts (including any positive or negative
MVA on amounts transferred from the GPAs);
partial surrenders;
surrender charges;
and a deduction of a prorated portion of:
the contract administrative charge; and
the charge for any of the following optional benefits you have selected.:
- Benefit Protector Death Benefit;
- Benefit Protector Plus Death Benefit;
- SecureSource 3 rider; or
- Accumulation Protector Benefit rider.
Accumulation unit values will fluctuate due to:
changes in fund net asset value;
fund dividends distributed to the subaccounts;
fund capital gains or losses;
fund operating expenses; and/or
mortality and expense risk fees.
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MAKING THE MOST OF YOUR CONTRACT
AUTOMATED DOLLAR-COST AVERAGING
Currently, you can use automated transfers to take advantage of dollar-cost
averaging (investing a fixed amount at regular intervals).
For example, you might transfer a set amount monthly from a relatively
conservative subaccount to a more aggressive one, or to several others, or from
the regular fixed account to one or more subaccounts. You may not set up
automated transfers to or from the GPAs or set up an automated transfer to the
regular fixed account. You can also obtain the benefits of dollar-cost averaging
by setting up regular automatic payments under a scheduled payment plan.
There is no charge for dollar-cost averaging.
This systematic approach can help you benefit from fluctuations in accumulation
unit values caused by fluctuations in the market values of the funds. Since you
invest the same amount each period, you automatically acquire more units when
the market value falls and fewer units when it rises. The potential effect is to
lower your average cost per unit.
HOW DOLLAR-COST AVERAGING WORKS
NUMBER
By investing an equal number AMOUNT ACCUMULATION OF UNITS
of dollars each month ... MONTH INVESTED UNIT VALUE PURCHASED
----- -------- ------------ ---------
Jan $ 100 $ 20 5.00
Feb 100 18 5.56
you automatically buy Mar 100 17 5.88
more units when the (ARROW) Apr 100 15 6.67
per unit market price is low May 100 16 6.25
June 100 18 5.56
July 100 17 5.88
and fewer units Aug 100 19 5.26
when the per unit (ARROW) Sept 100 21 4.76
market price is high Oct 100 20 5.00
You paid an average price of $17.91 per unit over the 10 months, while the
average market price actually was $18.10.
Dollar-cost averaging does not guarantee that any subaccount will gain in value
nor will it protect against a decline in value if market prices fall. Because
dollar-cost averaging involves continuous investing, your success will depend
upon your willingness to continue to invest regularly through periods of low
price levels. Dollar-cost averaging can be an effective way to help meet your
long-term goals. For specific features contact your financial advisor.
ASSET REBALANCING
You can ask us in writing to automatically rebalance the subaccount portion of
your contract value either quarterly, semiannually, or annually. The period you
select will start to run on the date we record your request. On the first
valuation date of each of these periods, we automatically will rebalance your
contract value so that the value in each subaccount matches your current
subaccount percentage allocations. These percentage allocations must be in whole
numbers. There is no charge for asset rebalancing. The contract value must be at
least $2,000.
You can change your percentage allocations or your rebalancing period at any
time by contacting us in writing. We will restart the rebalancing period you
selected as of the date we record your change. You also can ask us in writing to
stop rebalancing your contract value. You must allow 30 days for us to change
any instructions that currently are in place. For more information on asset
rebalancing, contact your financial advisor.
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TRANSFERRING AMONG ACCOUNTS
The transfer rights discussed in this section do not apply if you have selected
one of the optional living benefit riders. For transfer rights involving
investment options under optional living benefit riders, please see "Investment
Allocation Restrictions for Living Benefit Riders" section.
You may transfer contract value from any one subaccount, GPAs, the regular fixed
account and the Special DCA fixed account, to another subaccount before the
annuitization start date. For RAVA 5 Advantage and RAVA 5 Select contracts,
certain restrictions apply to transfers involving the GPAs and the regular fixed
account. You may not transfer contract value to the Special DCA fixed account.
You may not transfer contract value from the Special DCA fixed account except as
part of automated monthly transfers.
The date your request to transfer will be processed depends on when we receive
it:
If we receive your transfer request at our corporate office in good order
before the close of business, we will process your transfer using the
accumulation unit value we calculate on the valuation date we received your
transfer request.
If we receive your transfer request at our corporate office in good order
at or after the close of business, we will process your transfer using the
accumulation unit value we calculate on the next valuation date after we
received your transfer request.
There is no charge for transfers. Before making a transfer, you should consider
the risks involved in changing investments. Transfers out of the GPAs will be
subject to an MVA if done more than 30 days before the end of the guarantee
period, unless an exception applies.
We may suspend or modify transfer privileges at any time, subject to state
regulatory requirements.
For information on transfers after annuity payouts begin, see "Transfer
policies" below.
TRANSFER POLICIES
FOR RAVA 5 ADVANTAGE AND RAVA 5 SELECT
Before the annuitization start date, you may transfer contract values
between the subaccounts, or from the subaccounts to the GPAs and the
regular fixed account at any time. However, if you made a transfer from the
regular fixed account to the subaccounts or the GPAs, took a partial
surrender from the fixed account or terminated automated transfers from the
Special DCA fixed account, you may not make a transfer from any subaccount
or GPA to the regular fixed account for six months following that transfer,
partial surrender or termination.
You may transfer contract values from the regular fixed account to the
subaccounts or the GPAs once a year on or within 30 days before or after
the contract anniversary (except for automated transfers, which can be set
up at any time for certain transfer periods subject to certain minimums).
Transfers from the regular fixed account are not subject to an MVA.
Currently, you may transfer the entire contract value to the regular fixed
account. Subject to state restrictions, we reserve the right to limit
transfers to the regular fixed account at any time on a nondiscriminatory
basis with notification. Transfers out of the regular fixed account,
including automated transfers, are limited to 30% of regular fixed account
value at the beginning of the contract year(1) or $10,000, whichever is
greater. Because of this limitation, it may take you several years to
transfer all your contract value from the regular fixed account. You should
carefully consider whether the regular fixed account meets your investment
criteria before you invest. Subject to state restrictions, we reserve the
right to change the percentage allowed to be transferred from the regular
fixed account at any time on a nondiscriminatory basis with notification.
You may transfer contract values from a GPA any time after 60 days of
transfer or payment allocation to the account. Transfers made more than 30
days before the end of the guarantee period will receive an MVA, which may
result in a gain or loss of contract value, unless an exception applies
(see "The Guarantee Period Accounts (GPAs) -- Market Value Adjustment
(MVA)").
You may not transfer contract values from the subaccounts, the GPAs or the
regular fixed account into the Special DCA fixed account. However, you may
transfer contract values as automated monthly transfers from the Special
DCA fixed account to the subaccounts, or for the SecureSource 3 or APB, to
the selected Portfolio Stabilizer fund(s). (See "Special DCA Fixed
Account.")
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After the annuitization start date, you may not make transfers to or from
the GPAs or the fixed account, but you may make transfers once per contract
year among the subaccounts. During the annuity payout period, we reserve
the right to limit the number of subaccounts in which you may invest. On
the annuitization start date, you must transfer all contract value out of
your GPAs and Special DCA fixed account.
(1) All purchase payments received into the regular fixed account prior to your
transfer request are considered your beginning of contract year value
during the first contract year.
FOR RAVA 5 ACCESS
Before the annuitization start date, you may transfer contract values
between the subaccounts, or from the subaccounts to the GPAs at any time.
You may transfer contract values from a GPA any time after 60 days of
transfer or payment allocation to the account. Transfers made more than 30
days before the end of the guarantee period will receive an MVA, which may
result in a gain or loss of contract value, unless an exception applies
(see "The Guarantee Period Accounts (GPAs) -- Market Value Adjustment
(MVA)").
You may not transfer contract values from the subaccounts or the GPAs into
the Special DCA fixed account. However, you may transfer contract values as
automated monthly transfers from the Special DCA fixed account to the
subaccounts or if you have a living benefit rider, to the Portfolio
Stabilizer funds. (See "Special DCA Fixed Account.") After the
annuitization start date, you may not make transfers to or from the GPAs,
but you may make transfers once per contract year among the subaccounts.
During the annuity payout period, we reserve the right to limit the number
of subaccounts in which you may invest. On the annuitization start date,
you must transfer all contract value out of your GPAs and Special DCA fixed
account.
MARKET TIMING
Market timing can reduce the value of your investment in the contract. If market
timing causes the returns of an underlying fund to suffer, contract value you
have allocated to a subaccount that invests in that underlying fund will be
lower, too. Market timing can cause you, any joint owner of the contract and
your beneficiary(ies) under the contract a financial loss.
WE SEEK TO PREVENT MARKET TIMING. MARKET TIMING IS FREQUENT OR SHORT-TERM
TRADING ACTIVITY. WE DO NOT ACCOMMODATE SHORT-TERM TRADING ACTIVITIES. DO NOT
BUY A CONTRACT IF YOU WISH TO USE SHORT-TERM TRADING STRATEGIES TO MANAGE YOUR
INVESTMENT. THE MARKET TIMING POLICIES AND PROCEDURES DESCRIBED BELOW APPLY TO
TRANSFERS AMONG THE SUBACCOUNTS WITHIN THE CONTRACT. THE UNDERLYING FUNDS IN
WHICH THE SUBACCOUNTS INVEST HAVE THEIR OWN MARKET TIMING POLICIES AND
PROCEDURES. THE MARKET TIMING POLICIES OF THE UNDERLYING FUNDS MAY BE MORE
RESTRICTIVE THAN THE MARKET TIMING POLICIES AND PROCEDURES WE APPLY TO TRANSFERS
AMONG THE SUBACCOUNTS OF THE CONTRACT, AND MAY INCLUDE REDEMPTION FEES. WE
RESERVE THE RIGHT TO MODIFY OUR MARKET TIMING POLICIES AND PROCEDURES AT ANY
TIME WITHOUT PRIOR NOTICE TO YOU.
Market timing may hurt the performance of an underlying fund in which a
subaccount invests in several ways, including but not necessarily limited to:
diluting the value of an investment in an underlying fund in which a
subaccount invests;
increasing the transaction costs and expenses of an underlying fund in
which a subaccount invests; and
preventing the investment adviser(s) of an underlying fund in which a
subaccount invests from fully investing the assets of the fund in
accordance with the fund's investment objectives.
Funds available as investment options under the contract that invest in
securities that trade in overseas securities markets may be at greater risk of
loss from market timing, as market timers may seek to take advantage of changes
in the values of securities between the close of overseas markets and the close
of U.S. markets. Also, the risks of market timing may be greater for underlying
funds that invest in securities such as small cap stocks, high yield bonds, or
municipal securities, that may be traded infrequently.
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IN ORDER TO HELP PROTECT YOU AND THE UNDERLYING FUNDS FROM THE POTENTIALLY
HARMFUL EFFECTS OF MARKET TIMING ACTIVITY, WE APPLY THE FOLLOWING MARKET TIMING
POLICY TO DISCOURAGE FREQUENT TRANSFERS OF CONTRACT VALUE AMONG THE SUBACCOUNTS
OF THE VARIABLE ACCOUNT:
We try to distinguish market timing from transfers that we believe are not
harmful, such as periodic rebalancing for purposes of an asset allocation,
dollar-cost averaging and asset rebalancing program that may be described in
this prospectus. There is no set number of transfers that constitutes market
timing. Even one transfer in related accounts may be market timing. We seek to
restrict the transfer privileges of a contract owner who makes more than three
subaccount transfers in any 90 day period. We also reserve the right to refuse
any transfer request, if, in our sole judgment, the dollar amount of the
transfer request would adversely affect unit values.
If we determine, in our sole judgment, that your transfer activity constitutes
market timing, we may modify, restrict or suspend your transfer privileges to
the extent permitted by applicable law, which may vary based on the state law
that applies to your contract and the terms of your contract. These restrictions
or modifications may include, but not be limited to:
requiring transfer requests to be submitted only by first-class U.S. mail;
not accepting hand-delivered transfer requests or requests made by
overnight mail;
not accepting telephone or electronic transfer requests;
requiring a minimum time period between each transfer;
not accepting transfer requests of an agent acting under power of attorney;
limiting the dollar amount that you may transfer at any one time;
suspending the transfer privilege; or
modifying instructions under an automated transfer program to exclude a
restricted fund if you do not provide new instructions.
Subject to applicable state law and the terms of each contract, we will apply
the policy described above to all contract owners uniformly in all cases. We
will notify you in writing after we impose any modification, restriction or
suspension of your transfer rights.
We cannot guarantee that we will be able to identify and restrict all market
timing activity. Because we exercise discretion in applying the restrictions
described above, we cannot guarantee that we will be able to restrict all market
timing activity. In addition, state law and the terms of some contracts may
prevent us from stopping certain market timing activity. Market timing activity
that we are unable to identify and/or restrict may impact the performance of the
underlying funds and may result in lower contract values.
IN ADDITION TO THE MARKET TIMING POLICY DESCRIBED ABOVE, WHICH APPLIES TO
TRANSFERS AMONG THE SUBACCOUNTS WITHIN YOUR CONTRACT, YOU SHOULD CAREFULLY
REVIEW THE MARKET TIMING POLICIES AND PROCEDURES OF THE UNDERLYING FUNDS. THE
MARKET TIMING POLICIES AND PROCEDURES OF THE UNDERLYING FUNDS MAY BE MATERIALLY
DIFFERENT THAN THOSE WE IMPOSE ON TRANSFERS AMONG THE SUBACCOUNTS WITHIN YOUR
CONTRACT AND MAY INCLUDE MANDATORY REDEMPTION FEES AS WELL AS OTHER MEASURES TO
DISCOURAGE FREQUENT TRANSFERS. AS AN INTERMEDIARY FOR THE UNDERLYING FUNDS, WE
ARE REQUIRED TO ASSIST THEM IN APPLYING THEIR MARKET TIMING POLICIES AND
PROCEDURES TO TRANSACTIONS INVOLVING the PURCHASE AND EXCHANGE OF FUND SHARES.
THIS ASSISTANCE MAY INCLUDE BUT NOT BE LIMITED TO PROVIDING THE UNDERLYING FUND
UPON REQUEST WITH YOUR SOCIAL SECURITY NUMBER, TAXPAYER IDENTIFICATION NUMBER OR
OTHER UNITED STATES GOVERNMENT-ISSUED IDENTIFIER AND THE DETAILS OF YOUR
CONTRACT TRANSACTIONS INVOLVING THE UNDERLYING FUND. AN UNDERLYING FUND, IN ITS
SOLE DISCRETION, MAY INSTRUCT US AT ANY TIME TO PROHIBIT YOU FROM MAKING FURTHER
TRANSFERS OF CONTRACT VALUE TO OR FROM THE UNDERLYING FUND, AND WE MUST FOLLOW
THIS INSTRUCTION. WE RESERVE THE RIGHT TO ADMINISTER AND COLLECT ON BEHALF OF AN
UNDERLYING FUND ANY REDEMPTION FEE IMPOSED BY AN UNDERLYING FUND. MARKET TIMING
POLICIES AND PROCEDURES ADOPTED BY UNDERLYING FUNDS MAY AFFECT YOUR INVESTMENT
IN THE CONTRACT IN SEVERAL WAYS, INCLUDING BUT NOT LIMITED TO:
Each fund may restrict or refuse trading activity that the fund determines,
in its sole discretion, represents market timing.
38
Even if we determine that your transfer activity does not constitute market
timing under the market timing policies described above which we apply to
transfers you make under the contract, it is possible that the underlying
fund's market timing policies and procedures, including instructions we
receive from a fund, may require us to reject your transfer request. For
example, while we disregard transfers permitted under any asset allocation,
dollar-cost averaging and asset rebalancing programs that may be described
in this prospectus, we cannot guarantee that an underlying fund's market
timing policies and procedures will do so. Orders we place to purchase fund
shares for the variable accounts are subject to acceptance by the fund. We
reserve the right to reject without prior notice to you any transfer
request if the fund does not accept our order.
Each underlying fund is responsible for its own market timing policies, and
we cannot guarantee that we will be able to implement specific market
timing policies and procedures that a fund has adopted. As a result, a
fund's returns might be adversely affected, and a fund might terminate our
right to offer its shares through the variable account.
Funds that are available as investment options under the contract may also
be offered to other intermediaries who are eligible to purchase and hold
shares of the fund, including without limitation, separate accounts of
other insurance companies and certain retirement plans. Even if we are able
to implement a fund's market timing policies, we cannot guarantee that
other intermediaries purchasing that same fund's shares will do so, and the
returns of that fund could be adversely affected as a result.
FOR MORE INFORMATION ABOUT THE MARKET TIMING POLICIES AND PROCEDURES OF AN
UNDERLYING FUND, THE RISKS THAT MARKET TIMING POSE TO THAT FUND, AND TO
DETERMINE WHETHER AN UNDERLYING FUND HAS ADOPTED A REDEMPTION FEE, SEE THAT
FUND'S PROSPECTUS.
HOW TO REQUEST A TRANSFER OR SURRENDER
1 BY LETTER
Send your name, contract number, Social Security Number or Taxpayer
Identification Number* and signed request for a transfer or surrender to:
RIVERSOURCE LIFE INSURANCE COMPANY
70100 AMERIPRISE FINANCIAL CENTER
MINNEAPOLIS, MN 55474
MINIMUM AMOUNT
Transfers or surrenders: $250 or entire account balance**
MAXIMUM AMOUNT
Transfers or surrenders: Contract value or entire account balance
* Failure to provide your Social Security Number or Taxpayer Identification
Number may result in mandatory tax withholding on the taxable portion of
the distribution.
** The contract value after a partial surrender must be at least $500.
2 BY AUTOMATED TRANSFERS AND AUTOMATED PARTIAL SURRENDERS
Your financial advisor can help you set up automated transfers among your
subaccounts, GPAs or regular fixed account (if available) or automated partial
surrenders from the GPAs, regular fixed account, Special DCA fixed account or
the subaccounts.
You can start or stop this service by written request or other method acceptable
to us. You must allow 30 days for us to change any instructions that are
currently in place.
Automated transfers from the regular fixed account are limited to 30% of
the regular fixed account value at the beginning of the contract year or
$10,000, whichever is greater.
Automated surrenders may be restricted by applicable law under some
contracts.
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You may not make additional purchase payments if automated partial
surrenders are in effect.
If you have a SecureSource 3 or APB rider, you are not allowed to set up
automated transfers except in connection with a Special DCA fixed account
(see "Special DCA Fixed Account" and "Investment Allocation Restrictions
for Living Benefit Riders").
Automated partial surrenders may result in IRS taxes and penalties on all
or part of the amount surrendered.
The balance in any account from which you make an automated transfer or
automated partial surrender must be sufficient to satisfy your
instructions. If not, we will suspend your entire automated arrangement
until the balance is adequate.
If you have a SecureSource 3 rider, you may set up automated partial
surrenders up to the lifetime benefit amount available for withdrawal under
the rider.
MINIMUM AMOUNT
Transfers or surrenders: $50
MAXIMUM AMOUNT
Transfers or surrenders: None (except for automated transfers from the regular
fixed account)
3 BY TELEPHONE
Call:
1-800-862-7919
MINIMUM AMOUNT
Transfers or surrenders: $250 or entire account balance
MAXIMUM AMOUNT
Transfers: Contract value or entire account balance
Surrenders: $100,000
We answer telephone requests promptly, but you may experience delays when the
call volume is unusually high. If you are unable to get through, use the mail
procedure as an alternative.
We will honor any telephone transfer or surrender requests that we believe are
authentic and we will use reasonable procedures to confirm that they are. This
includes asking identifying questions and recording calls. We will not allow
telephone surrender within 30 days of a phoned-in address change. As long as we
follow the procedures, we (and our affiliates) will not be liable for any loss
resulting from fraudulent requests.
Telephone transfers or surrenders are automatically available. You may request
that telephone transfers or surrenders not be authorized from your account by
writing to us.
SURRENDERS
You may surrender all or part of your contract at any time before the
annuitization start date by sending us a written request or calling us. We will
process your surrender request on the valuation date we receive it. If we
receive your surrender request in good order at our corporate office before the
close of business, we will process your surrender using the accumulation unit
value we calculate on the valuation date we received
40
your surrender request. If we receive your surrender request at our corporate
office at or after the close of business, we will process your surrender using
the accumulation unit value we calculate on the next valuation date after we
received your surrender request. We may ask you to return the contract. You may
have to pay a contract administrative charge, surrender charges, or any
applicable optional rider charges (see "Charges") and federal income taxes and
penalties. State and local income taxes may also apply. (see "Taxes") You cannot
make surrenders after the annuitization start date except under a term certain
installment plan that provides monthly annuity payments for a period of years if
such plans are allowed by us.
Any partial surrender you take under the contract will reduce your contract
value. As a result, the value of your death benefit or any optional benefits you
have elected also will be reduced. If you have elected the SecureSource 3 rider
and your partial surrenders in any contract year exceed the permitted surrender
amount under the terms of the rider, your benefits under the rider will be
reduced (see "Optional Benefits -- Optional Living Benefits"). Any partial
surrender request that exceeds the amount allowed under the SecureSource 3
riders that impacts the guarantees provided, will not be considered in good
order until we receive a signed Benefit Impact Acknowledgement form showing the
projected effect of the surrender on the rider benefits or a verbal
acknowledgement that you understand and accept the impacts that have been
explained to you.
In addition, surrenders you are required to take to satisfy the RMDs under the
Code may reduce the value of certain death benefits and optional benefits (see
"Taxes -- Qualified Annuities -- Required Minimum Distributions").
SURRENDER POLICIES
If you have a balance in more than one account and you request a partial
surrender, we will automatically surrender money from all your subaccounts,
GPAs, the Special DCA fixed account and/or the regular fixed account, in the
same proportion as your value in each account correlates to your total contract
value, unless requested otherwise(1). The minimum contract value after partial
surrender is $500.
(1) If you elected the SecureSource 3 rider or Accumulation Protector Benefit
rider, your money will be surrendered from your accounts and subaccounts in
the same proportion as your interest in each account bears to your contract
value.
RECEIVING PAYMENT
1 BY REGULAR OR EXPRESS MAIL
payable to you;
mailed to address of record.
NOTE: We will charge you a fee if you request express mail delivery.
2 BY WIRE
request that payment be wired to your bank;
bank account must be in the same ownership as your contract; and
pre-authorization required.
Normally, we will send the payment within seven days after receiving your
request in good order. However, we may postpone the payment if:
- the surrender amount includes a purchase payment check that has not
cleared;
- the NYSE is closed, except for normal holiday and weekend closings;
- trading on the NYSE is restricted, according to SEC rules;
41
- an emergency, as defined by SEC rules, makes it impractical to sell
securities or value the net assets of the accounts; or
- the SEC permits us to delay payment for the protection of security
holders.
TSA -- SPECIAL PROVISIONS
PARTICIPANTS IN TAX-SHELTERED ANNUITIES
If the contract is intended to be used in connection with an employer sponsored
403(b) plan, additional rules relating to this contract can be found in the
annuity endorsement for tax sheltered 403(b) annuities. Unless we have made
special arrangements with your employer, the contract is not intended for use in
connection with an employer sponsored 403(b) plan that is subject to the
Employee Retirement Income Security Act of 1974, as amended ("ERISA"). In the
event that the employer either by affirmative election or inadvertent action
causes contributions under a plan that is subject to ERISA to be made to this
contract, we will not be responsible for any obligations and requirements under
ERISA and the regulations thereunder, unless we have prior written agreement
with the employer. You should consult with your employer to determine whether
your 403(b) plan is subject to ERISA.
In the event we have a written agreement with your employer to administer the
plan pursuant to ERISA, special rules apply as set forth in the TSA endorsement.
The employer must comply with certain nondiscrimination requirements for certain
types of contributions under a TSA contract to be excluded from taxable income.
You should consult your employer to determine whether the nondiscrimination
rules apply to you.
The Code imposes certain restrictions on your right to receive early
distributions from a TSA:
Distributions attributable to salary reduction contributions (plus earnings)
made after Dec. 31, 1988, or to transfers or rollovers from other contracts,
may be made from the TSA only if:
- you are at least age 59 1/2;
- you are disabled as defined in the Code;
- you severed employment with the employer who purchased the contract;
- the distribution is because of your death;
- the distribution is due to plan termination; or
- you are a military reservist.
If you encounter a financial hardship (as provided by the Code), you may be
eligible to receive a distribution of all contract values attributable to
salary reduction contributions made after Dec. 31, 1988, but not the
earnings on them.
Even though a distribution may be permitted under the above rules, it may be
subject to IRS taxes and penalties (see "Taxes").
The above restrictions on distributions do not affect the availability of
the amount credited to the contract as of Dec. 31, 1988. The restrictions
also do not apply to transfers or exchanges of contract value within the
contract, or to another registered variable annuity contract or investment
vehicle available through the employer.
If the contract has a loan provision, the right to receive a loan is
described in detail in your contract. Loans will not be available if you
have the SecureSource 3 rider, APB rider, Benefit Protector Death Benefit
rider, or Benefit Protector Plus Death Benefit rider.
CHANGING THE ANNUITANT
If you have a nonqualified annuity and are a natural person (excluding a
revocable trust), you may change the annuitant or contingent annuitant if the
request is made prior to the annuitization start date and while the existing
annuitant or contingent annuitant is living.
42
The change will become binding on us when we receive it. If you and the
annuitant are not the same person and the annuitant dies before the
annuitization start date, the owner becomes the annuitant unless a contingent
annuitant has been previously selected. You may not change the annuitant if you
have a qualified annuity or there is nonnatural or revocable trust ownership.
CHANGING OWNERSHIP
You may change ownership of your nonqualified annuity at any time by completing
a change of ownership form we approve and sending it to our corporate office. We
will honor any change of ownership request received in good order that we
believe is authentic, and we will use reasonable procedures to confirm
authenticity. If we follow these procedures, we will not take any responsibility
for the validity of the change.
If you have a nonqualified annuity, you may incur income tax liability by
transferring, assigning or pledging any part of it. (See "Taxes.")
If you have a qualified annuity, you may not sell, assign, transfer, discount or
pledge your contract as collateral for a loan, or as security for the
performance of an obligation or for any other purpose except as required or
permitted by the Code. However, if the owner is a trust or custodian, or an
employer acting in a similar capacity, ownership of the contract may be
transferred to the annuitant.
Please consider carefully whether or not you wish to change ownership of your
annuity contract. If you elected any optional contract features or riders and
any owner was not an owner before the change, all owners (including any prior
owner who is still an owner after the ownership change) will be subject to all
limitations and/or restrictions of those features or riders just as if they were
purchasing a new contract.
The death benefit may change due to a change of ownership.
The Benefit Protector Plus rider will terminate upon transfer of ownership
of the annuity contract.
If you have the Benefit Protector rider, if any owner is older than age 75
immediately following the ownership change, the rider will terminate upon
change of ownership. If all owners are younger than age 76, the rider
continues unless the owner chooses to terminate it during the 30-day window
following the effective date of the ownership change. The Benefit Protector
death benefit values may be reset (see "Optional Death Benefits -- Benefit
Protector Death Benefit Rider").
If you elected the ROPP Death Benefit and if any owner is older than age 79
immediately following the ownership change, the ROPP Death Benefit will
continue. If all owners are age 79 or younger, the ROPP Death Benefit will
terminate and the Standard Death Benefit will apply.
If you elected the 5-Year MAV Death Benefit and if any owner is older than
age 75 immediately following the ownership change, this rider will
terminate and the Standard Death Benefit will apply. If all owners are age
75 or younger, the 5-Year MAV Death Benefit will continue.
If you elected the MAV Death Benefit, the 5% Accumulation Death Benefit or
the EDB and if any owner is older than age 79 immediately following the
ownership change, these riders will terminate and the Standard Death
Benefit will apply. If all owners are age 79 or younger, the MAV Death
Benefit, 5% Accumulation Death Benefit or EDB will continue.
The ROPP Death Benefit, MAV Death Benefit, 5-Year MAV Death Benefit, 5%
Accumulation Death Benefit and EDB values may be reset (see "Benefits in
the Case of Death").
If the death benefit that applies to your contract changes due to an
ownership change, the mortality and expense risk fee may change as well
(see "Charges -- Mortality and Expense Risk Fee").
For the SecureSource 3 - Single Life rider, an ownership change that would
result in a different covered person will terminate the rider, subject to state
restrictions. For California residents, an ownership change will not terminate
the rider and will not change the covered person under the rider.
43
The SecureSource 3 - Joint Life rider, if selected, only allows transfer of the
ownership of the annuity contract between covered spouses or their revocable
trust(s). If ownership is transferred from a covered spouse to their revocable
trust(s), the annuitant must be one of the covered spouses. The rider will
terminate if there is a change of ownership unless the new owner assumes total
ownership and was an owner or a covered spouse before the change. For California
residents, transfer of the ownership of the annuity contract is not limited to
the covered spouses; however, the rider will not terminate and the covered
spouses under the rider will not change. For the Accumulation Protector Benefit
rider, subject to state rules, the rider will terminate if there is a change of
ownership unless the new owner assumes total ownership of the contract and was
an owner before the change. (See "Optional Benefits.")
44
BENEFITS IN CASE OF DEATH -- STANDARD DEATH BENEFIT
We will pay the death benefit to your beneficiary upon your death if you die
before the annuitization start date with the contract value greater than zero.
If a contract has more than one person as the owner, we will pay benefits upon
the first to die of any owner.
If you are age 79 or younger on the date we issue
the contract or the date of the most recent covered life change, the beneficiary
receives the greater of:
the contract value after any rider charges have been deducted;
the Return of Purchase Payments (ROPP) value; or
the Full Surrender Value.
If you are age 80 or older on the date we issue the contract or the date of the
most recent covered life change, the beneficiary receives the greater of
contract value after any rider charges have been deducted or the Full Surrender
Value.
45
HERE ARE SOME TERMS THAT ARE USED TO DESCRIBE THE STANDARD DEATH BENEFIT AND
OPTIONAL DEATH BENEFITS:
ROPP VALUE: is the total purchase payments on the contract issue date.
Additional purchase payments will be added to the ROPP value. Adjusted partial
surrenders will be subtracted from the ROPP value.
ADJUSTED PARTIAL SURRENDERS
A X B
-----
C
a = the amount your contract value is reduced by the partial surrender.
b = the applicable ROPP value, MAV value or 5-year MAV value on the date of
(but prior to) the partial surrender.
c = the contract value on the date of (but prior to) the partial surrender.
COVERED LIFE CHANGE: is either continuation of the contract by a spouse under
the spousal continuation provision, or an ownership change where any owner after
the ownership change was not an owner prior to the change.
FULL SURRENDER VALUE: is the contract value immediately prior to the surrender
(immediately prior to payment of a death claim for death benefits) less:
- any surrender charge,
- pro rata rider charges,
- the contract charge, and
plus:
- any positive or negative market value adjustment.
For a spouse who continues the contract and is age 79 or younger, we set the
ROPP value to the contract value on the date of the continuation after any rider
charges have been deducted and after any increase to the contract value due to
the death benefit that would otherwise have been paid, but with no reduction for
rider charges on riders that remain in force and without regard to the Full
Surrender Value.
After a covered life change other than for the spouse who continues the
contract, if the prior owner and all current owners are eligible for the ROPP
Death Benefit, we reset the ROPP value on the valuation date we receive your
written request for the ownership change to the contract value after any rider
charges have been deducted, if the contract value is less. If the prior owner
was not eligible for the ROPP Death Benefit, but the new owner is eligible, we
reset the ROPP value to the contract value after any rider charges have been
deducted on the valuation date we receive your request for the ownership change.
EXAMPLE OF STANDARD DEATH BENEFIT CALCULATION WHEN YOU ARE AGE 79 OR YOUNGER ON
THE CONTRACT EFFECTIVE DATE:
You purchase the contract with a payment of $20,000
During the second contract year the contract value falls to $18,000, at
which point you take a $1,500 partial surrender, leaving a contract value
of $16,500.
We calculate the death benefit as follows:
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The total purchase payments minus adjustments for partial surrenders:
Total purchase payments $ 20,000
minus adjusted partial surrenders, calculated as:
$1,500 x $20,000 =
----------------
$18,000
-1,667
----------
for a standard death benefit of: $ 18,333
since this is greater than your contract value of $16,500
IF YOU DIE BEFORE THE ANNUITIZATION START DATE
When paying the beneficiary, we will process the death claim on the valuation
date our death claim requirements are fulfilled. We will determine the
contract's value using the accumulation unit value we calculate on that
valuation date. We pay interest, if any, at a rate no less than required by law.
We will mail payment to the beneficiary within seven days after our death claim
requirements are fulfilled.
NONQUALIFIED ANNUITIES
If your spouse is sole beneficiary and you die before the annuitization start
date, your spouse may keep the contract as owner with the contract value equal
to the death benefit that would otherwise have been paid (without regard to the
Full Surrender Value). To do this your spouse must, on the date our death claim
requirements are fulfilled, give us written instructions to continue the
contract as owner.
For RAVA5 Advantage, there will be no surrender charges on the contract from
that point forward unless additional purchase payments are made. For RAVA 5
Select, there will be no surrender charges on the contract from that point
forward. If you elected any optional contract features or riders, your spouse
will be subject to all limitations and/or restrictions of those features or
riders just as if they were purchasing a new contract and the values may be
reset (see "Optional Living Benefits", Optional Death Benefits" and "Benefits in
the Case of Death -- Standard Death Benefit"). If the death benefit applicable
to the contract changes due to spousal continuation, the mortality and expense
risk fee may change as well (see "Charges -- Mortality and Expense Risk Fee").
If your beneficiary is not your spouse, or your spouse does not elect spousal
continuation, we will pay the beneficiary in a single sum unless you give us
other written instructions. Generally, we must fully distribute the death
benefit within five years of your death. However, the beneficiary may receive
payouts under any annuity payout plan available under this contract if:
the beneficiary asks us in writing within 60 days after the day on which
all documents have been received that prove your death has occurred; and
payouts begin no later than one year after your death, or other date as
permitted by the IRS; and
the payout period does not extend beyond the beneficiary's life or life
expectancy.
QUALIFIED ANNUITIES
SPOUSE BENEFICIARY: If you have not elected an annuity payout plan, and if
your spouse is the sole beneficiary, your spouse may either elect to treat
the contract as his/her own, so long as he or she is eligible to do so, or
elect an annuity payout plan or another plan agreed to by us. If your
spouse elects a payout option, the payouts must begin no later than the
year in which you would have reached age 70 1/2. If you attained age 70 1/2
at the time of death, payouts must begin no later than Dec. 31 of the year
following the year of your death.
Your spouse may elect to assume ownership of the contract with the contract
value equal to the death benefit that would otherwise have been paid
(without regard to the Full Surrender Value). To do this your spouse must,
on the date our death claim requirements are fulfilled, give us written
instructions to continue the contract as owner. For RAVA 5 Advantage, there
will be no surrender charges on the contract from that point forward unless
additional purchase payments are made. For RAVA 5 Select, there will be no
surrender charges on the contract from that point forward. If you elected
any optional contract features or riders, your spouse will be subject to
all limitations and/or restrictions of those features or riders just as if
they were purchasing a new contract and the values may be reset (see
"Optional Living Benefits", "Optional Death Benefits" and "Benefits in the
Case of Death -- Standard Death Benefit"). If the death benefit applicable
to the contract changes due to spousal continuation, the mortality and
expense risk fee may change as well (see "Charges -- Mortality and Expense
Risk Fee"). If your spouse is the sole beneficiary and elects to treat the
contract as his/her own as an inherited IRA, the SecureSource 3 rider will
terminate.
47
If you purchased this contract as an inherited IRA and your spouse is the
sole beneficiary, he or she can elect to continue this contract as an
inherited IRA. Your spouse must follow the schedule of minimum surrenders
established based on your life expectancy.
If you purchased this contract as an inherited IRA and your spouse is not
the sole beneficiary, he or she can elect an alternative payment plan for
his or her share of the death benefit and all optional death benefits and
living benefits will terminate. Your spouse beneficiary must submit the
applicable investment options form. No additional purchase payments will be
accepted. The death benefit payable on the death of the spouse beneficiary
is the greater of the contract value after any rider charges have been
deducted and the Full Surrender Value; the mortality and expense risk fee
will be the same as is applicable to the Standard Death Benefit. Your
spouse must follow the schedule of minimum surrenders established based on
your life expectancy.
NON-SPOUSE BENEFICIARY: If you have not elected an annuity payout plan, and
if death occurs prior to the year you would have attained age 70 1/2, the
beneficiary may elect to receive payouts from the contract over a five year
period. If your beneficiary does not elect a five year payout or if your
death occurs after attaining age 70 1/2, we will pay the beneficiary in a
single sum unless the beneficiary elects to receive payouts under any
payout plan available under this contract if:
- the beneficiary asks us in writing within 60 days after the day on
which all documents have been received that prove your death has
occurred; and
- payouts begin no later than one year following the year of your death;
and
- the payout period does not extend beyond the beneficiary's life or
life expectancy.
If a beneficiary elects an alternative payment plan which is an inherited IRA,
all optional death benefits and living benefits will terminate. The beneficiary
must submit the applicable investment options form. No additional purchase
payments will be accepted. The death benefit payable on the death of the
non-spouse beneficiary is the greater of the contract value after any rider
charges have been deducted and the Full Surrender Value; the mortality and
expense risk fee will be the same as is applicable to the Standard Death
Benefit.
In the event of your beneficiary's death, their beneficiary can elect to take a
lump sum payment or to continue the alternative payment plan following the
schedule of minimum withdrawals established based on the life expectancy of your
beneficiary.
IF YOU DIE AFTER THE ANNUITIZATION START DATE
If you die after the annuitization start date, the amount payable, if any, will
depend on the annuity payment plan then in effect.
DEATH OF THE OWNER: If the owner is the annuitant and dies after the
annuitization start date, payments cease for lifetime only payment plans.
Payments continue to the owner's beneficiaries for the remainder of any
guarantee period or for the lifetime of a surviving joint annuitant, if any.
If the owner is not the annuitant and dies after the annuitization start date,
payments continue to the beneficiaries according to the payment plan in effect.
DEATH OF THE ANNUITANT OR OF A BENEFICIARY RECEIVING PAYMENTS UNDER AN ANNUITY
PAYMENT PLAN: If the owner is not the annuitant and the annuitant dies after the
annuitization start date, payments cease for lifetime payment plans. Payments
continue to the owner for the remainder of any guarantee period or for the
lifetime of a surviving joint annuitant, if any.
If a beneficiary elects an annuity payment plan as provided under the payment
options provision above and dies after payments begin, payments continue to
beneficiaries named by the deceased beneficiary as provided under the change of
beneficiary provision for the remainder of any guarantee period.
In any event, amounts remaining payable must be paid at least as rapidly as
payments were being made at the time of such death.
48
OPTIONAL BENEFITS
The assets held in our general account support the guarantees under your
contract, including optional death benefits and optional living benefits. To the
extent that we are required to pay you amounts in addition to your contract
value under these benefits, such amounts will come from our general account
assets. You should be aware that our general account is exposed to the risks
normally associated with a portfolio of fixed-income securities, including
interest rate, option, liquidity and credit risk. You should also be aware that
we issue other types of insurance and financial products as well, and we also
pay out obligations under these products from assets in our general account. Our
general account is not segregated or insulated from the claims of our creditors.
The financial statements contained in the SAI include a further discussion of
the risks inherent within the investments of the general account.
OPTIONAL DEATH BENEFITS
In addition to the Standard Death Benefit, we also offer the following optional
death benefits at contract issue:
ROPP Death Benefit;
MAV Death Benefit;
5-Year MAV Death Benefit;
5% Accumulation Death Benefit;
Enhanced Death Benefit;
Benefit Protector Death Benefit; and
Benefit Protector Plus Death Benefit.
If it is available in your state and if you are age 75 or younger at contract
issue, you can elect any one of the above optional death benefits other than the
ROPP death benefit; the MAV, 5% Accumulation and Enhanced are available if you
are 79 or younger; you may elect the ROPP Death Benefit if you are age 80 or
older. (ROPP is included in the Standard Death Benefit if you are 79 or younger
at contract issue.)
Once you elect a death benefit, you cannot change it; however the death benefit
that applies to your contract may change due to an ownership change (see
"Changing Ownership") or continuation of the contract by the spouse under the
spousal continuation provision.
The death benefit determines the mortality and risk expense fee that is assessed
against the subaccounts. We will base the benefit paid on the death benefit
coverage in effect on the date of your death.
IF AVAILABLE IN YOUR STATE AND YOU ARE AGE 80 OR OLDER AT CONTRACT ISSUE, YOU
MAY SELECT THE ROPP DEATH BENEFIT DESCRIBED BELOW AT THE TIME YOU PURCHASE YOUR
CONTRACT. BE SURE TO DISCUSS WITH YOUR FINANCIAL ADVISOR WHETHER OR NOT THIS
DEATH BENEFIT IS APPROPRIATE FOR YOUR SITUATION.
RETURN OF PURCHASE PAYMENTS (ROPP) DEATH BENEFIT
The ROPP Death Benefit will pay your beneficiaries no less than your purchase
payments, adjusted for surrenders. If you die before the annuitization start
date and while this contract is in force, the death benefit will be the greatest
of:
1. the contract value after any rider charges have been deducted,
2. the ROPP Value as described above, or
3. the Full Surrender Value as described above.
49
For a spouse who continues the contract and is age 80 or older, we reset the
ROPP value to the contract value on the date of the continuation after any rider
charges have been deducted and after any increase to the contract value due to
the death benefit that would otherwise have been paid (without regard to the
Full Surrender Value). If the spouse who continues the contract is age 79 or
younger, the optional ROPP Death Benefit will terminate and the Standard Death
Benefit will apply.
After a covered life change other than for the spouse who continues the
contract, if any owner is age 80 or older we reset the ROPP value on the
valuation date we receive your request for the ownership change to the contract
value after any rider charges have been deducted, if the contract value is less.
If all owners are age 79 or younger, the optional ROPP Death Benefit will
terminate and the Standard Death Benefit will apply.
IF AVAILABLE IN YOUR STATE AND YOU ARE AGE 75 OR YOUNGER AT CONTRACT ISSUE, YOU
MAY SELECT ONE OF THE DEATH BENEFITS DESCRIBED BELOW AT THE TIME YOU PURCHASE
YOUR CONTRACT. IF AVAILABLE IN YOUR STATE AND YOU ARE BETWEEN AGES 76-79 AT
CONTRACT ISSUE, YOU MAY ONLY SELECT THE MAV DEATH BENEFIT, 5% ACCUMULATION DEATH
BENEFIT OR ENHANCED DEATH BENEFIT. THE DEATH BENEFITS DO NOT PROVIDE ANY
ADDITIONAL BENEFIT BEFORE THE FIRST CONTRACT ANNIVERSARY AND MAY NOT BE
APPROPRIATE FOR CERTAIN OLDER ISSUE AGES BECAUSE THE BENEFIT VALUES MAY BE
LIMITED AFTER AGE 80. BE SURE TO DISCUSS WITH YOUR FINANCIAL ADVISOR WHETHER OR
NOT THESE DEATH BENEFITS ARE APPROPRIATE FOR YOUR SITUATION.
MAXIMUM ANNIVERSARY VALUE (MAV) DEATH BENEFIT
The MAV Death Benefit provides that if you die while the contract is in force
and before the annuitization start date, the death benefit will be the greatest
of these values:
1. the contract value after any rider charges have been deducted;
2. the ROPP value as described above;
3. the MAV; or
4. the Full Surrender Value as described above.
The MAV equals the ROPP value prior to the first contract anniversary. Every
contract anniversary prior to the earlier of your 81st birthday or your death,
we compare the MAV to the current contract value and we reset the MAV to the
higher amount. The MAV is increased by any additional purchase payments and
reduced by adjusted partial surrenders as described above under "Benefits in
Case of Death -- Standard Death Benefit" section.
For a spouse who is age 79 or younger and continues the contract, we reset the
MAV to the contract value on the date of the continuation after any rider
charges have been deducted and after any increase to the contract value due to
the death benefit that would otherwise have been paid (without regard to the
Full Surrender Value). If your spouse is age 80 or older when the contract is
continued, the MAV death benefit will terminate and the Standard Death Benefit
will apply.
After a covered life change other than for a spouse who continues the contract,
if all owners are age 79 or younger, we reset the MAV on the valuation date we
receive your request for the ownership change to the lesser of these two values:
(a) the contract value after any rider charges have been deducted, or
(b) the MAV on that date, but prior to the reset.
If any new owner is age 80 or older at the time of the covered life change, the
MAV death benefit will terminate and the Standard Death Benefit will apply.
50
5-YEAR MAXIMUM ANNIVERSARY VALUE (5-YEAR MAV) DEATH BENEFIT
The 5-year MAV Death Benefit provides that if you die while the contract is in
force and before the annuitization start date, the death benefit will be the
greatest of these values:
1. the contract value after any rider charges have been deducted;
2. the ROPP value as described above;
3. the 5-year MAV; or
4. the Full Surrender Value as described above.
The 5-year MAV equals the ROPP value prior to the fifth contract anniversary.
Every fifth contract anniversary prior to the earlier of your 81st birthday or
your death, we compare the 5-year MAV to the current contract value and we reset
the 5-Year MAV to the higher amount. The 5-year MAV is increased by any
additional purchase payments and reduced by adjusted partial surrenders as
described above under "Benefits in Case of Death -- Standard Death Benefit"
section.
For a spouse who is age 75 or younger and continues the contract, we reset the
5-Year MAV to the contract value on the date of the continuation after any rider
charges have been deducted and after any increase to the contract value due to
the death benefit that would otherwise have been paid (without regard to the
Full Surrender Value). If your spouse is age 76 or older when the contract was
continued, the 5-year MAV death benefit will terminate and the Standard Death
Benefit will apply.
After a covered life change other than for a spouse who continues the contract,
if all owners are age 75 or younger, we reset the 5-Year MAV on the valuation
date we receive your request for the ownership change to the lesser of these two
values:
(a) the contract value after any rider charges have been deducted, or
(b) the 5-Year MAV on that date, but prior to the reset.
If any owner is age 76 or older at the time of the covered life change, the
5-year MAV death benefit will terminate and the Standard Death Benefit will
apply.
5% ACCUMULATION DEATH BENEFIT
The 5% Accumulation Death Benefit provides that if you die while the contract is
in force and before the annuitization start date, the death benefit will be the
greatest of these values:
1. the contract value after any rider charges have been deducted;
2. the ROPP value as described above;
3. the 5% accumulation death benefit floor; or
4. the Full Surrender Value as described above.
The key terms and provisions of the 5% Accumulation Death Benefit are:
5% ACCUMULATION DEATH BENEFIT FLOOR: is equal to the sum of:
1. the contract value in the Excluded Accounts (currently, regular fixed
account and GPAs), if any, and
2. the variable account floor.
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PROTECTED ACCOUNT BASE (PAB) AND EXCLUDED ACCOUNT BASE (EAB): Adjustments to
variable account floor require tracking amounts representing purchase payments,
not previously surrendered, that are allocated or transferred to the Protected
Accounts (currently, subaccounts and the Special DCA fixed account) and Excluded
Accounts.
- PAB equals amounts representing purchase payments, not previously
surrendered or transferred, that are in the Protected Accounts.
- EAB equals amounts representing purchase payments, not previously
surrendered or transferred, that are in the Excluded Accounts.
VARIABLE ACCOUNT FLOOR: Variable account floor is PAB increased on contract
anniversaries prior to the earlier of your 81st birthday or your death.
NET TRANSFER: If multiple transfers are made on the same valuation day, they are
combined to determine the net amount of contract value being transferred between
the Protected Accounts and Excluded Accounts. This net transfer amount is used
to adjust the EAB, PAB and variable account floor values.
ESTABLISHMENT OF VARIABLE ACCOUNT FLOOR, PAB AND EAB
On the contract date, 1) variable account floor and PAB are established as your
initial purchase payment allocated to the Protected Accounts; and 2) EAB is
established as your initial purchase payment allocated to the Excluded Accounts.
ADJUSTMENTS TO VARIABLE ACCOUNT FLOOR, PAB AND EAB
Variable account floor, PAB and EAB are adjusted by the following:
1. When an additional purchase payment is made;
(A) any payment you allocate to the Protected Accounts are added to PAB
and to variable account floor, and
(B) any payment you allocate to the excluded accounts are added to EAB.
2. When transfers are made to the Protected Accounts from the Excluded
Accounts, we increase PAB and variable account floor, and we reduce EAB.
The amount we deduct from EAB and add to PAB and to variable account floor
is calculated for each net transfer using the following formula:
A X B where:
-----
C
A = the amount the contract value in the Excluded Accounts is reduced by
the net transfer
B = EAB on the date of (but prior to) the transfer
C = the contract value in the Excluded Accounts on the date of (but prior
to) the transfer.
3. When partial surrenders are made from the Excluded Accounts, we reduce EAB
by the same amount as calculated above for transfers from the Excluded
Accounts, using surrender amounts in place of transfer amounts. Partial
surrenders from Excluded Accounts do not increase PAB.
4. When transfers are made to the Excluded Accounts from the Protected
Accounts, we reduce PAB and variable account floor, and increase EAB.
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The amounts we deduct from PAB and variable account floor are calculated for
each net transfer using the following formula:
A X B where:
-----
C
A = the amount the contract value in the Protected Accounts is reduced by
the net transfer
B = the applicable PAB or variable account floor on the date of (but prior
to) the transfer
C = the contract value in the Protected Accounts on the date of (but prior
to) the transfer.
The amount we subtract from PAB is added to EAB.
5. When partial surrenders are made from the Protected Accounts, we reduce PAB
and variable account floor by the same amount as calculated above for
transfers from the Protected Accounts, using surrender amounts in place of
transfer amounts. Partial surrenders from Protected Accounts do not increase
EAB.
6. After a covered life change for a spouse who continues the contract,
variable account floor and PAB are reset to the contract value in the
Protected Accounts on the date of continuation. EAB is reset to the contract
value in the Excluded Accounts on the date of continuation. The contract
value is after any rider charges have been deducted and after any increase
to the contract value due to the death benefit that would otherwise have
been paid (without regard to the Full Surrender Value).
7. After a covered life change other than for a spouse who continues the
contract, variable account floor, PAB and EAB are reset on the valuation
date we receive your written request for the covered life change.
Variable account floor and PAB are reset to the lesser of A or B where:
A = the contract value (after any rider charges have been deducted) in the
Protected Accounts on that date, and
B = Variable account floor on that date (but prior to the reset).
EAB is reset to the lesser of A or B where:
A = the contract value (after any rider charges have been deducted) in the
Excluded Accounts on that date, and
B = EAB on that date (but prior to the reset).
8. On a contract anniversary when variable account floor is greater than zero:
(A) On the first contract anniversary, we increase variable account floor
by an amount equal to 5%, multiplied by variable account floor as of 60
days after the contract date.
(B) On each subsequent contract anniversary prior to the earlier of your
81st birthday or your death, we increase variable account floor by 5 %,
multiplied by the prior contract anniversary's variable account floor.
(C) Any variable account floor increase on contract anniversaries does not
increase PAB or EAB.
For contracts issued in New Jersey and Washington state, the cap on the variable
account floor is 200% of PAB.
For a spouse who is age 79 or younger and continues the contract, the 5%
Accumulation Death Benefit will continue and the values may be reset as
described above. If your spouse is age 80 or older when the contract is
continued, the 5% Accumulation Death Benefit will terminate and the Standard
Death Benefit will apply.
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After a covered life change other than for a spouse who continues the contract,
if all owners are age 79 or younger, the 5% Accumulation Death Benefit will
continue and the values may be reset as described above. If any owner is age 80
or older at the time of the covered life change, the 5% Accumulation death
benefit will terminate and the Standard Death Benefit will apply.
ENHANCED DEATH BENEFIT
The Enhanced Death Benefit provides that if you die while the contract is in
force and before the annuitization start date, the death benefit will be the
greatest of these values:
1. contract value after any rider charges have been deducted;
2. the ROPP value as described above;
3. the MAV as described above;
4. the 5% accumulation death benefit floor as described above; or
5. the Full Surrender Value as described above.
For a spouse who is age 79 or younger and continues the contract, the Enhanced
Death Benefit will continue and the values may be reset as described above. If
your spouse is age 80 or older when the contract is continued, the Enhanced
Death Benefit will terminate and the Standard Death Benefit will apply.
After a covered life change other than for a spouse who continues the contract,
if all owners are age 79 or younger, the Enhanced Death Benefit will continue
and the values may be reset as described above. If any owner is age 80 or older
at the time of the covered life change, the Enhanced Death Benefit will
terminate and the Standard Death Benefit will apply.
For an example of how each death benefit is calculated, see Appendix D.
BENEFIT PROTECTOR DEATH BENEFIT
The Benefit Protector is intended to provide an additional benefit to your
beneficiary to help offset expenses after your death such as funeral expenses or
federal and state taxes. This is an optional benefit that you may select for an
additional annual charge (see "Charges"). The Benefit Protector provides reduced
benefits if you are age 70 or older at the rider effective date. The Benefit
Protector does not provide any additional benefit before the first rider
anniversary.
If this rider is available in your state and you are age 75 or younger at
contract issue, you may choose to add the Benefit Protector to your contract.
You must elect the Benefit Protector at the time you purchase your contract and
your rider effective date will be the contract issue date. You may not select
this rider if you select the Benefit Protector Plus rider, the 5% Accumulation
Death Benefit or the Enhanced Death Benefit.
Qualified annuities have minimum distribution rules that govern the timing and
amount of distributions from the annuity contract (see "Taxes -- Qualified
Annuities -- Required Minimum Distributions"). Since the benefit paid by the
rider is determined by the amount of earnings at death, the amount of the
benefit paid may be reduced as a result of taking any surrenders including RMDs.
Be sure to discuss with your investment professional and tax advisor whether or
not the Benefit Protector is appropriate for your situation.
The Benefit Protector provides that if you die after the first rider
anniversary, but before the annuitization start date, and while this contract is
in force, we will pay the beneficiary:
the applicable death benefit, plus:
40% of your earnings at death if you were under age 70 on the rider
effective date; or
15% of your earnings at death if you were age 70 or older on the rider
effective date.
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If this rider is effective after the contract date or if there has been a
covered life change, remaining purchase payments is established or set as the
contract value on the rider effective date or, if later, the date of the most
recent covered life change. Thereafter, remaining purchase payments is increased
by the amount of each additional purchase payment and adjusted for each partial
surrender.
EARNINGS AT DEATH: For purposes of the Benefit Protector and Benefit Protector
Plus riders, this is an amount equal to the applicable death benefit minus
remaining purchase payments. Partial surrenders will come from any earnings
before reducing purchase payments in the contract. The earnings at death may not
be less than zero and may not be more than 250% of the remaining purchase
payments that are one or more years old.
Note: Remaining purchase payments is calculated differently and is not the same
value as purchase payments not previously surrendered used in the surrender
charge calculation.
TERMINATING THE BENEFIT PROTECTOR
You may terminate the rider within 30 days after the first rider
anniversary.
You may terminate the rider within 30 days after any rider anniversary
beginning with the seventh rider anniversary.
The rider will terminate when you make a full surrender from the contract
or on the annuitization start date.
Your spouse may terminate the rider within 30 days following the effective
date of the spousal continuation if your spouse is age 75 or younger.
You may terminate the rider within 30 days following the effective date of
an ownership change if you are age 75 or younger.
The rider will terminate for a spousal continuation or ownership change if
the spouse or any owner is age 76 or older at the time of the change.
The rider will terminate after the death benefit is payable, unless the
spouse continues the contract under spousal continuation provision.
The rider will terminate when beneficiary elects an alternative payment
plan which is an inherited IRA.
IF YOUR SPOUSE IS THE SOLE BENEFICIARY and you die before the annuitization
start date, your spouse may keep the contract as owner. Your spouse will be
subject to all the limitations and restrictions of the rider just as if they
were purchasing a new contract and the age of the spouse at the time of the
change will be used to determine the earnings at death percentage going forward.
If your spouse does not qualify for the rider on the basis of age we will
terminate the rider. If they do qualify for the rider on the basis of age we
will set the contract value equal to the death benefit that would otherwise have
been paid (without regard to the Full Surrender Value) and we will substitute
this new contract value on the date of death for "remaining purchase payments"
used in calculating earnings at death.
After a covered life change other than a spouse that continues the contract, all
owners will be subject to all of the limitations and restrictions of the rider
just as if they were purchasing a new contract; and the age of all owners at the
time of the change will be used to determine the earnings at death percentage
going forward. If any owner does not qualify for the rider on the basis of age,
we will terminate the rider. If they do qualify for the rider on the basis of
age, we will substitute the contract value on the date of the ownership change
for remaining purchase payments used in calculating earnings at death.
For an example, please see Appendix D.
BENEFIT PROTECTOR PLUS DEATH BENEFIT RIDER (BENEFIT PROTECTOR PLUS)
The Benefit Protector Plus is intended to provide an additional benefit to your
beneficiary to help offset expenses after your death such as funeral expenses or
federal and state taxes. This is an optional benefit that you may select for an
additional annual charge (see "Charges"). The Benefit Protector Plus provides
reduced benefits if you are 70 or older at the rider effective date. It does not
provide any additional benefit before the first rider anniversary and it does
not provide any benefit beyond what is offered under the Benefit Protector rider
during the second rider year. Be sure to discuss with your investment
professional whether or not the Benefit Protector Plus is appropriate for your
situation.
55
If this rider is available in your state and you are 75 or younger at contract
issue, you may choose to add the Benefit Protector Plus to your contract. You
must elect the Benefit Protector Plus at the time you purchase your contract and
your rider effective date will be the contract issue date. This rider is only
available for transfers, exchanges or rollovers. If this is a nonqualified
annuity, the transfers, exchanges or rollovers must be from another annuity or
life insurance policy. You may not select this rider if you select the Benefit
Protector Rider, 5% Accumulation Death Benefit or the Enhanced Death Benefit.
Qualified annuities have minimum distribution rules that govern the timing and
amount of distributions from the annuity contract (see "Taxes -- Qualified
Annuities -- Required Minimum Distributions"). Since the benefit paid by the
rider is determined by the amount of earnings at death, the amount of the
benefit paid may be reduced as a result of taking any surrenders including RMDs.
Be sure to discuss with your investment professional and tax advisor whether or
not the Benefit Protector Plus is appropriate for your situation.
The Benefit Protector Plus provides that if you die after the first rider
anniversary, but before the annuitization start date, and while this contract is
in force, we will pay the beneficiary:
the benefits payable under the Benefit Protector described above, plus:
a percentage of purchase payments made within 60 days of contract issue not
previously surrendered as follows:
PERCENTAGE IF YOU ARE PERCENTAGE IF YOU ARE
RIDER YEAR WHEN DEATH OCCURS: UNDER AGE 70 ON THE RIDER EFFECTIVE DATE 70 OR OLDER ON THE RIDER EFFECTIVE DATE
----------------------------- ---------------------------------------- ---------------------------------------
One and Two 0% 0%
Three and Four 10% 3.75%
Five or more 20% 7.5%
Another way to describe the benefits payable under the Benefit Protector Plus
rider is as follows:
the applicable death benefit plus:
RIDER YEAR WHEN IF YOU ARE UNDER AGE 70 IF YOU ARE AGE 70
DEATH OCCURS ON THE RIDER EFFECTIVE DATE, ADD . . . OR OLDER ON THE RIDER EFFECTIVE DATE, ADD . . .
------------------ -------------------------------------------------- ---------------------------------------------------
One Zero Zero
Two 40% x earnings at death (see above) 15% x earnings at death
Three and Four 40% x (earnings at death + 25% of initial purchase 15% x (earnings at death + 25% of initial purchase
payment*) payment*)
Five or more 40% x (earnings at death + 50% of initial purchase 15% x (earnings at death + 50% of initial purchase
payment*) payment*)
* Initial purchase payments are payments made within 60 days of rider issue
not previously surrendered.
TERMINATING THE BENEFIT PROTECTOR PLUS
You may terminate the rider within 30 days of the first rider anniversary.
You may terminate the rider within 30 days of any rider anniversary
beginning with the seventh rider anniversary.
The rider will terminate when you make a full surrender from the contract,
on the annuitization start date, or when the death benefit is payable.
The rider will terminate if there is a covered life change.
The rider will terminate when a beneficiary elects an alternative payment
plan which is an inherited IRA.
IF YOUR SPOUSE IS SOLE BENEFICIARY and you die before the annuitization start
date, your spouse may keep the contract as owner with the contract value equal
to the death benefit that would otherwise have been paid without regard to the
Full Surrender Value. We will then terminate the Benefit Protector Plus (see
"Benefits in Case of Death").
For an example, see Appendix D.
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OPTIONAL LIVING BENEFITS
SECURESOURCE 3 RIDERS
The SecureSource 3 rider is an optional benefit that you can add to your
contract for an additional charge. The SecureSource 3 rider may not be purchased
with the optional Accumulation Protector Benefit rider. This benefit is intended
to provide to you, after the Lifetime Benefit is established, a specified
withdrawal amount annually for life, even if your contract value is zero,
subject to the terms and provisions described in this section. Additionally,
this benefit offers an Annual Credit feature to help in low or poor performing
markets and a step up feature to lock in contract anniversary gains.
The SecureSource 3 rider may be APPROPRIATE for you if:
you intend to make periodic withdrawals from your annuity contract; and
you wish to ensure that market performance will not adversely affect your
ability to withdraw income over your lifetime.
The SecureSource 3 rider may be NOT APPROPRIATE for you if:
you anticipate the need for early or Excess Withdrawals; or
you want to invest in funds other than the Portfolio Stabilizer funds.
The SecureSource 3 rider guarantees that, regardless of investment performance,
you may take withdrawals up to the Lifetime Benefit amount each contract year
after the Lifetime Benefit is established. Your age at the time of the first
withdrawal will determine the Age Band for as long as benefits are payable
except as described in the Lifetime Payment Percentage provision. The Lifetime
Benefit amount can vary based on the relationship of your contract value to the
withdrawal adjustment base. Each contract year, whether or not the Income Bonus
is included, the Lifetime Payment Percentage is determined when the first
withdrawal is taken, and the Lifetime Benefit amount is fixed for the remainder
of that contract year.
As long as your total withdrawals during the current contract year do not exceed
the Lifetime Benefit amount, you will not be assessed a surrender charge. If you
withdraw a larger amount, the excess amount will be assessed any applicable
surrender charges and benefits will be reduced in accordance with Excess
Withdrawal Processing. At any time, you may withdraw any amount up to your
entire surrender value, subject to Excess Withdrawal Processing under the rider.
Subject to conditions and limitations, the rider also guarantees that you or
your beneficiary will get back purchase payments you have made, increased by
Annual Step-Ups, through withdrawals and/or payments by us over time. Any amount
we pay in excess of your contract value is subject to our financial strength and
claims-paying ability.
Subject to conditions and limitations, the lifetime benefit amount can be
increased if an Annual Credit is available or your contract value has increased
above the guaranteed amount on a rider anniversary. The Principal Back Guarantee
can also be increased if your contract value has increased above the guaranteed
amount on a rider anniversary.
Your benefits under the rider can be reduced if you withdraw more than the
allowed withdrawal amount in a contract year, or you take withdrawals before the
Lifetime Benefit is available. Also, if the contract value is 20% or more below
purchase payments increased by any contract anniversary gains or Annual Credits
and adjusted for withdrawals, the Income Bonus will not be included in the
Lifetime Payment Percentage (see Withdrawal Adjustment Base described below).
AVAILABILITY
There are two optional riders available under your contract:
SecureSource 3 -- Single Life
SecureSource 3 -- Joint Life
The information in this section applies to both riders, unless otherwise noted.
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For the purpose of this rider, the term "withdrawal" is equal to the term
"surrender" in the contract or any riders. Withdrawals will adjust contract
values and benefits in the same manner as surrenders.
The SecureSource 3 -- Single Life rider covers one person. The SecureSource 3 --
Joint Life Rider covers two spouses jointly who are named at contract issue. You
may elect only the SecureSource 3 -- Single Life rider or the SecureSource 3 --
Joint Life rider, not both, and you may not switch riders later. You must elect
the rider when you purchase your contract. The rider effective date will be the
contract issue date.
The SecureSource 3 rider is an optional benefit that you may select for an
additional annual charge if:
SINGLE LIFE: you are 85 or younger on the date the contract is issued; or
JOINT LIFE: you and your spouse are 85 or younger on the date the contract
is issued.
The SecureSource 3 riders are not available under an inherited qualified
annuity.
The SecureSource 3 rider guarantees that, regardless of the investment
performance of your contract, you will be able to withdraw up to a certain
amount each year from the contract before the annuitization start date until:
SINGLE LIFE: death (see "At Death" heading below).
JOINT LIFE: the death of the last surviving covered spouse (see "Joint Life
only: Covered Spouses" and "At Death" headings below).
KEY TERMS
The key terms associated with the SecureSource 3 rider are:
AGE BANDS: Each Age Band is associated with two components of your Lifetime
Payment Percentages, a minimum Lifetime Payment Percentage and a potential
Income Bonus. The covered person (JOINT LIFE: the younger covered spouse) must
be at least the youngest age shown in the first Age Band for the Annual Lifetime
Payment to be established. After the Annual Lifetime Payment is established, in
addition to your age, other factors determine when you move to a higher Age
Band.
ANNUAL CREDIT, CREDIT PERIOD: an amount equal to a 6% that can be added to the
Benefit Base on rider anniversaries during a Credit Period, subject to
limitations. Credit Period is a 10 year period that starts on the rider
effective date and will restart (1) on a rider anniversary whenever there is an
increase of the Benefit Base due to an Annual Step-Up or (2) Joint Life only: on
the following rider anniversary in the event of a step-up of the Benefit Base
under the spousal continuation provision. The rider anniversary after the number
of contract years shown is the last day of a Credit Period (see the "Rider
Anniversary Processing" provision below). Investment performance and Excess
Withdrawals may reduce or eliminate the benefit of any Annual Credits. Annual
Credits may result in higher rider charges that may exceed the benefit from the
Annual Credits.
ANNUAL LIFETIME PAYMENT (ALP, LIFETIME BENEFIT): the Lifetime Benefit amount
available each contract year after the covered person (JOINT LIFE: the younger
covered spouse) has reached the youngest age in the first Age Band. The annual
withdrawal amount guaranteed by the rider can vary each contract year. The ALP
is also referred to as the Lifetime Benefit throughout this prospectus.
ANNUAL STEP-UP: an increase in the Benefit Base and/or the Principal Back
Guarantee, that is available on each rider anniversary if your contract value
increases, subject to certain conditions. If the Benefit Base increases due to
an Annual Step-Up, a Credit Period will restart and if you are eligible for a
higher Age Band, the Lifetime Payment percentage can increase.
BENEFIT BASE (BB): used to determine the Annual Lifetime Payment and the annual
rider charge. The BB is separate from your contract value and cannot be
withdrawn in a lump sum or annuitized and is not payable as a death benefit.
CREDIT BASE (CB): used to determine the Annual Credit. The CB cannot be
withdrawn or annuitized and is not payable as a death benefit.
58
EXCESS WITHDRAWAL: (1) a withdrawal taken before the Annual Lifetime Payment is
established, or (2) a withdrawal that is greater than the Remaining Annual
Lifetime Payment.
EXCESS WITHDRAWAL PROCESSING: a reduction in benefits if a withdrawal is taken
before the Annual Lifetime Payment is established or if a withdrawal exceeds the
Remaining Annual Lifetime Payment.
INCOME BONUS: may be added to the minimum Lifetime Payment Percentage as
described in the "Lifetime Payment Percentage" provision below.
LIFETIME PAYMENT PERCENTAGE: used to calculate your Annual Lifetime Payment. It
includes a minimum Lifetime Payment Percentage and may include an additional
Income Bonus. The percentage used can vary as described in the Lifetime Payment
Percentage provision below.
PRINCIPAL BACK GUARANTEE (PBG): a guarantee that total withdrawals will not be
less than purchase payments you have made, increased by Annual Step-Ups, as long
as there is no Excess Withdrawal.
REMAINING ANNUAL LIFETIME PAYMENT (RALP): as you take withdrawals during a
contract year, the remaining amount that the rider guarantees will be available
for withdrawal that year is reduced. After the Annual Lifetime Payment is
established, the RALP is the guaranteed amount that can be withdrawn during the
remainder of the current contract year.
WITHDRAWAL: the amount by which your contract value is reduced as a result of
any withdrawal request. It may differ from the amount of your request due to any
surrender charge and any market value adjustment.
WITHDRAWAL ADJUSTMENT BASE (WAB): one of the components used to determine
whether or not Income Bonus will be included the Lifetime Payment Percentage.
The WAB cannot be withdrawn or annuitized and is not payable as a death benefit.
IMPORTANT SECURESOURCE 3 RIDER CONSIDERATIONS
You should consider whether a SecureSource 3 rider is appropriate for you taking
into account the following considerations:
You will begin paying the SecureSource 3 rider charge as of the rider effective
date, even if you do not begin taking withdrawals for many years.
LIFETIME BENEFIT LIMITATIONS: The Lifetime Benefit is subject to certain
limitations, including but not limited to:
SINGLE LIFE: Once the contract value equals zero, payments are made for as
long as the covered person is living (see "If Contract Value Reduces to
Zero" heading below). However, if the contract value is greater than zero,
the Lifetime Benefit terminates at the first death of any owner even if the
covered person is still living (see "At Death" heading below). This
possibility may present itself when there are multiple contract owners --
when one of the contract owners dies the Lifetime Benefit terminates even
though other contract owners are still living.
JOINT LIFE: Once the contract value equals zero, payments are made for as
long as either covered spouse is living (see "If Contract Value Reduces to
Zero" heading below). However, if the contract value is greater than zero,
the Lifetime Benefit terminates at the death of the last surviving covered
spouse (see "At Death" heading below).
WITHDRAWALS: Please consider carefully when you start taking withdrawals
from this rider, because the timing of your first withdrawal is an
important decision. Once you take your first withdrawal, your initial
minimum Lifetime Payment Percentage will be determined. If a withdrawal is
taken during the Credit Period, no credit will be available on the next
contract anniversary. Also, if you withdraw more than the allowed
withdrawal amount in a contract year or take withdrawals before the
Lifetime Benefit is available an Excess Withdrawal), the guaranteed amounts
under the rider will be reduced.
INVESTMENT ALLOCATION RESTRICTION: You must invest in the approved
investment options, which are Portfolio Stabilizer funds. We reserve the
right to add, remove or substitute approved investment options in the
future. This requirement limits your choice of investment options. This
means you will not be able to allocate contract value to all of the
subaccounts, GPAs or the regular fixed account that are available under the
contract to contract owners who do not elect the rider. (See "Investment
Allocation Restrictions for Living Benefit Riders -- Portfolio Stabilizer
funds" section below) You may allocate purchase payments to the Special DCA
fixed account, when available, and we will make monthly transfers into the
approved investment option. You should consult your financial advisor
before you purchase the SecureSource 3 rider.
59
NON-CANCELABLE: Once elected, the SecureSource 3 rider may not be cancelled
(except as provided under "Rider Termination" heading below) and the charge
will continue to be deducted until the contract or rider is terminated or
the contract value reduces to zero (described below).
Dissolution of marriage does not terminate the SecureSource 3 -- Joint Life
rider and will not reduce the fee we charge for this rider. The benefit
under the SecureSource 3 -- Joint Life rider continues for the covered
spouse who is the owner of the contract (or annuitant in the case of
nonnatural or revocable trust ownership). The rider will terminate at the
death of the contract owner because the original covered spouse will be
unable to elect the spousal continuation provision of the contract (see
"Joint Life only: Covered Spouses" below).
JOINT LIFE: LIMITATIONS ON CONTRACT OWNERS, ANNUITANTS AND BENEFICIARIES:
Since the joint life benefit will terminate unless the surviving covered
spouse continues the contract under the spousal option to continue the
contract upon the owner's death provision, only ownership arrangements that
permit such continuation are allowed at rider issue. In general, the
covered spouses should be joint owners, or one covered spouse should be the
owner and the other covered spouse should be named as the sole primary
beneficiary.
For nonnatural ownership arrangements that allow for spousal continuation
one covered spouse should be the annuitant and the other covered spouse
should be the sole primary beneficiary. For revocable trust ownerships, the
grantor of the trust must be the annuitant and the beneficiary must either
be the annuitant's spouse or a trust that names the annuitant's spouse as
the sole primary beneficiary. You are responsible for establishing
ownership arrangements that will allow for spousal continuation.
If you select the SecureSource 3 -- Joint Life rider, please consider
carefully whether or not you wish to change the beneficiary of your annuity
contract. The rider will terminate if the surviving covered spouse cannot
utilize the spousal continuation provision of the contract when the death
benefit is payable.
LIMITATIONS ON PURCHASE PAYMENTS: We reserve the right to limit the
cumulative amount of purchase payments, subject to state restrictions. For
current purchase payment restrictions, please see "Buying Your Contract --
Purchase Payments".
INTERACTION WITH TOTAL FREE AMOUNT (FA) CONTRACT PROVISION: The FA is the
amount you are allowed to withdraw from the contract in each contract year
without incurring a surrender charge (see "Charges -- Surrender Charge").
The FA may be greater than the remaining Annual Lifetime Payment under this
rider. Any amount you withdraw under the contract's FA provision that
exceeds the Remaining Annual Lifetime Payment is subject to the Excess
Withdrawal Processing described below.
You should consult your tax advisor before you select this optional rider if you
have any questions about the use of the rider in your tax situation because:
TAX CONSIDERATIONS FOR NONQUALIFIED ANNUITIES: Under current federal income
tax law, withdrawals under nonqualified annuities, including withdrawals
taken from the contract under the terms of the rider, are treated less
favorably than amounts received as annuity payments under the contract (see
"Taxes -- Nonqualified Annuities"). Withdrawals are taxable income to the
extent of earnings. Withdrawals of earnings before age 591/2 may also incur
a 10% IRS early withdrawal penalty. You should consult your tax advisor
before you select this optional rider if you have any questions about the
use of the rider in your tax situation.
TAX CONSIDERATIONS FOR QUALIFIED ANNUITIES: Qualified annuities have
minimum distribution rules that govern the timing and amount of
distributions from the annuity contract (see "Taxes -- Qualified Annuities
-- Required Minimum Distributions"). While the rider permits certain Excess
Withdrawals to be taken for the purpose of satisfying RMD requirements for
your contract alone without reducing future benefits guaranteed under the
rider, there can be no guarantee that changes in the federal income tax law
after the effective date of the rider will not require a larger RMD to be
taken, in which case, future guaranteed withdrawals under the rider could
be reduced. See Appendix F for additional information.
TREATMENT OF CIVIL UNIONS AND DOMESTIC PARTNERS: The Federal Defense of
Marriage Act ("DOMA") does not recognize same-sex marriages or civil
unions, even if permitted under applicable state law. As a result, a
beneficiary of a deceased owner who was treated as married to the owner
under state law and for purposes of this rider, but whose marriage is not
recognized under DOMA, will be required to take distributions from the
contract in the manner applicable to non-spouse beneficiaries. In some
circumstances, these required distributions could substantially reduce or
eliminate the value of the rider. See "Taxes -- Other -- Spousal status."
LIMITATIONS ON TSAS: Your right to take withdrawals is restricted if your
contract is a TSA (see "TSA -- Special Provisions"). Therefore, a
SecureSource 3 rider may be of limited value to you.
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LIFETIME BENEFIT DESCRIPTION
SINGLE LIFE ONLY: COVERED PERSON: the person whose life is used to determine
when the Annual Lifetime Payment is established, and the duration of the ALP
payments (see "Annual Lifetime Payment (ALP)" heading below). The covered person
is the oldest contract owner. If any owner is a nonnatural person (e.g., an
irrevocable trust or corporation) or a revocable trust, the covered person is
the oldest annuitant.
JOINT LIFE ONLY: COVERED SPOUSES: the contract owner and his or her legally
married spouse as defined under federal law, as named on the application for as
long as the marriage is valid and in effect. If any contract owner is a
nonnatural person or a revocable trust, the covered spouses are the annuitant
and the legally married spouse of the annuitant. The covered spouses lives are
used to determine when the Annual Lifetime Payment is established, and the
duration of the ALP payments (see "Annual Lifetime Payment (ALP)" heading
below). The covered spouses are established on the rider effective date and
cannot be changed.
ANNUAL LIFETIME PAYMENT (ALP): the lifetime benefit amount available each
contract year after the covered person (JOINT LIFE: younger covered spouses) has
reached age 50. When the ALP is established and at all times thereafter, the ALP
is equal to the BB multiplied by the Lifetime Payment Percentage. Anytime the
Lifetime Payment Percentage or BB changes as described below, the ALP will be
recalculated. When the ALP is established, the first withdrawal taken in each
contract year will set and fix the Lifetime Payment Percentage for the remainder
of the contract year.
If you withdraw less than the ALP in a contract year, the unused portion does
not carry over to future contract years.
SINGLE LIFE: The ALP is established on the later of the rider effective date if
the covered person has reached age 50, or the date the covered person's attained
age equals age 50.
JOINT LIFE: The ALP is established on the earliest of the following dates:
The rider effective date if the younger covered spouse has already reached
age 50.
The date the younger covered spouse's attained age equals age 50.
Upon the first death of a covered spouse, then either: (a) the date we
receive a written request when the death benefit is not payable and the
surviving covered spouse has already reached age 50, (b) the date spousal
continuation is effective when the death benefit is payable and the
surviving covered spouse has already reached age 50, or (c) the date the
surviving covered spouse reaches age 50.
Following dissolution of marriage of the covered spouses, then either (a)
the date we receive a written request if the remaining covered spouse who
is the owner (or annuitant in the case of nonnatural or revocable trust
ownership) has already reached age 50, or (b) the date the remaining
covered spouse who is the owner (or annuitant in the case of nonnatural or
revocable trust ownership) reaches age 50.
REMAINING ANNUAL LIFETIME PAYMENT (RALP): the Annual Lifetime Payment guaranteed
for withdrawal for the remainder of the contract year. The RALP is established
at the same time as the ALP. The RALP equals the ALP less all withdrawals in the
current contract year, but it will not be less than zero.
LIFETIME PAYMENT PERCENTAGE: used to calculate the Annual Lifetime Payment.
The minimum Lifetime Payment Percentage and the Income Bonus for each Age Band
are listed in the table below:
MINIMUM LIFETIME PAYMENT MINIMUM LIFETIME PAYMENT
AGE BANDS PERCENTAGE - SINGLE LIFE PERCENTAGE - JOINT LIFE INCOME BONUS
--------- ------------------------ ------------------------ ------------
50-58 3% 2.75% 0.5%
59-64 4% 3.75% 0.5%
65-79 5% 4.75% 0.5%
80+ 6% 5.75% 0.5%
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The Age Band for the Lifetime Payment Percentage is determined at the following
times:
When the ALP is established: The Age Band used to calculate the initial ALP
is the percentage for the covered person's attained age (JOINT LIFE: younger
covered spouse's attained age).
On the covered person's subsequent birthdays (JOINT LIFE: younger covered
spouse's subsequent birthdays): Except as noted below, if the covered
person's new attained age (JOINT LIFE: younger covered spouse's attained
age) is in a higher Age Band, then the higher Age Band will be used to
determine the appropriate Lifetime Payment Percentage. (However, if you
decline any increase to the annual rider fee or if a withdrawal has been
taken since the ALP was established, then the Lifetime Payment Percentage
will not change on subsequent birthdays.)
Upon Annual Step-Ups (see "Annual Step ups" below).
For the Joint life rider, upon death or change in marital status: In the
event of death or dissolution of marriage: (A) If no withdrawal has been
taken since the ALP was established and no increase to the annual rider fee
has been declined, the Lifetime Payment Percentage will be reset based on
the Age Band for the remaining covered spouse's attained age. (B) If the ALP
is not established but the remaining covered spouse has reached the youngest
age in the first Age Band, the remaining covered spouse's attained age will
be used to determine the Age Band for the Lifetime Payment Percentage. In
the event of remarriage of the covered spouses to each other, the Lifetime
Payment Percentage used is the percentage for the younger covered spouse's
attained age.
INCOME BONUS: The following determines whether or not the Income Bonus is
included in the Lifetime Payment Percentage.
A comparison of your contract value and the Withdrawal Adjustment Base (WAB)
determines whether the Income Bonus is included in the Lifetime Payment
Percentage when calculating the ALP unless the percentage is fixed as described
below.
On each valuation date when the ALP is calculated, if the benefit determining
percentage calculated below is less than the 20% adjustment threshold, then the
Lifetime Payment Percentage will equal the minimum Lifetime Payment Percentage
plus the Income Bonus for your current Age Band. Otherwise, the Lifetime Payment
Percentage will equal the minimum Lifetime Payment Percentage for your current
Age Band.
The benefit determining percentage is calculated as follows, but it will not be
less than zero:
1 - (A/B)
A = Contract value at the end of the prior valuation period
B = WAB at the end of the prior valuation period
After the ALP is established, the first withdrawal taken in each contract year
will set and fix the Lifetime Payment Percentage for the remainder of the
contract year. Beginning on the next rider anniversary, the Lifetime Payment
Percentage can change on each valuation date as described above until a
withdrawal is taken in that contract year.
However, at the earliest of (1), (2) or (3) below, the Lifetime Payment
Percentage will be set and remain fixed as long as the benefit is payable:
(1) when your contract value on a rider anniversary is less than two times the
BB multiplied by the minimum Lifetime Payment Percentage for your current
Age Band, or
(2) when the contract value reduces to zero, or
(3) on the date of death when a death benefit is payable.
For certain periods of time at our discretion and on a nondiscriminatory basis,
your Lifetime Payment Percentage may be set by us to include the Income Bonus if
more favorable to you.
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DETERMINATION OF ADJUSTMENTS OF BENEFIT VALUES: Your Lifetime Benefit values are
determined at the following times and are subject to a maximum amount of $10
million each:
1. AT RIDER EFFECTIVE DATE
The WAB, CB, BB and PBG are set equal to the initial purchase payment.
2. WHEN AN ADDITIONAL PURCHASE PAYMENT IS MADE
The BB, WAB and PBG will be increased by the amount of each additional
purchase payment.
If the CB is greater than zero, the CB will be increased by the amount of
each additional purchase payment.
See "Buying Your Contract -- Purchase Payments" for purchase payment
limitations.
3. WHEN A WITHDRAWAL IS TAKEN
If the CB is greater than zero, Annual Credits will not be added to the BB
on the following rider anniversary.
The WAB, BB, CB and PBG can be adjusted, but they will not be less than
zero.
(A) The WAB will be reduced by the same proportion that the contract value
is reduced. The proportional amount deducted is the "adjustment for
withdrawal," calculated as follows:
A X B where:
-----
C
A = the amount of the withdrawal
B = the WAB on the date of (but prior to) the withdrawal
C = the contract value on the date of (but prior to) the withdrawal.
(B) If the ALP is not established, Excess Withdrawal Processing will occur
as follows.
The BB and CB will be reduced by the same proportion that the contract
value is reduced using the "adjustment for withdrawal" calculation
described above but substituting the CB or BB (as applicable) for the WAB.
The PBG will be reduced by the greater of the amount of the withdrawal or
the "adjustment for withdrawal," substituting the PBG for the WAB.
(C) If the ALP is established and the withdrawal is less than or equal to
the RALP, the BB and CB do not change and the PBG is reduced by the
amount of the withdrawal.
(D) If the ALP is established and the withdrawal is greater than the RALP,
Excess Withdrawal Processing will occur, and the BB and CB will be
reduced by an amount as calculated below:
D X E where:
-----
F
D = the amount of the withdrawal minus the RALP
E = the BB or CB (as applicable) on the date of (but prior to) the
withdrawal
F = the contract value on the date of (but prior to) the withdrawal
minus the RALP.
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The PBG will be reduced by the greater of (1) the amount of the
withdrawal or (2) the RALP plus the excess withdrawal processing amount
calculated above, substituting the following for "E" in the formula: the
PBG minus the RALP on the date of (but prior to) the withdrawal.
RIDER ANNIVERSARY PROCESSING: The following describes how the WAB, BB, CB and
PBG are calculated on rider anniversaries, subject to the maximum amount of $10
million for each, and how the Lifetime Payment Percentage can change on rider
anniversaries.
ANNUAL CREDITS: If you did not take any withdrawals during the prior
contract year and you did not decline any increase to the annual rider fee,
Annual Credits may be available.
(A) On the first rider anniversary of the initial Credit Period
The Annual Credit equals the CB 180 days following the rider effective date
multiplied by 6% for the first rider anniversary.
The BB and WAB will be set to the greater of:
(i) the current BB, or
(ii) the BB 180 days following the rider effective date increased by the
annual credit and any additional purchase payments since 180 days
following the rider effective date.
(B) On any other rider anniversary during a Credit Period
The annual credit equals the CB as of the prior rider anniversary
multiplied by the 6% annual credit percentage.
The BB will be set to the greater of:
(i) the current BB, or
(ii) the BB on the prior rider anniversary increased by the annual credit
and any additional purchase payments since the prior rider
anniversary.
The WAB will be set as follows:
(A) if no withdrawals have been taken, the WAB will be set to the BB
determined above, or
(B) if any withdrawals have been taken, the WAB will be set to the amount
as calculated below:
A X B where:
-----
C
A = the WAB on the rider anniversary (but prior to rider anniversary
processing)
B = the BB determined above
C = the BB on the rider anniversary (but prior to rider anniversary
processing)
If the CB is greater than zero, the CB will be reset to zero on the last
rider anniversary of a Credit Period after any adjustment to the WAB and
BB, and there will be no additional Annual Credits unless the Credit Period
restarts due to a step-up of the BB.
The CB will be permanently reset to zero on the later of: (A) the owner's
95th birthday or (B) the 10th rider anniversary.
ANNUAL STEP UPS: Beginning with the first rider anniversary, an Annual
Step-Up may be available. If you decline any increase to the annual rider
fee, future Annual Step-Ups will no longer be available.
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The Annual Step-Up will take place on any rider anniversary where the
contract value is greater than the PBG or the BB after any annual credit is
added. If an annual step-up is executed, the PBG, BB and Lifetime Payment
Percentage will be adjusted as follows: The PBG will be increased to the
contract value, if the contract value is greater. The BB (after any Annual
Credit is added) will be increased to the contract value, if the contract
value is greater. The CB will be increased to the contract value and the
Credit Period will restart, if there is an increase to BB due to a step-up.
If the covered person's attained age (Joint Life: younger covered spouse's
attained age) on the rider anniversary is in a higher Age Band and (1)
there is an increase to BB due to a step-up or (2) the BB is at the maximum
of $10,000,000 so there was no step-up of the BB, then the higher Age Band
will be used to determine the appropriate Lifetime Payment Percentage,
regardless of any prior withdrawals.
THE WAB ON RIDER ANNIVERSARIES: Unless you decline an increase to the
annual rider fee, the WAB (after any Annual Credit is added) will be
increased to the contract value, if the contract value is greater.
OTHER PROVISIONS
REQUIRED MINIMUM DISTRIBUTIONS (RMD): If you are taking RMDs from your contract
and your RMD calculated separately for your contract is greater than the Annual
Lifetime Payment, the portion of your RMD that exceeds the benefit amount will
not be subject to Excess Withdrawal Processing provided that the following
conditions are met:
The Annual Lifetime Payment is established;
The RMD is for your contract alone;
The RMD is based on your recalculated life expectancy taken from the
Uniform Lifetime Table under the Code; and
The RMD amount is otherwise based on the requirements of section 401(a)
(9), related Code provisions and regulations thereunder that were in effect
on the contract date.
RMD rules follow the calendar year which most likely does not coincide with your
contract year and therefore may limit when you can take your RMD and not be
subject to Excess Withdrawal Processing. See Appendix F for additional
information.
SPOUSAL OPTION TO CONTINUE THE CONTRACT UPON OWNER'S DEATH (SPOUSAL
CONTINUATION):
SINGLE LIFE: If a surviving spouse elects to continue the contract and continues
the contract as the new owner under the spousal continuation provision of the
contract, the SecureSource 3 -- Single Life rider terminates.
JOINT LIFE: If a surviving spouse is a covered spouse and elects the spousal
continuation provision of the contract as the new owner, the SecureSource 3 --
Joint Life rider also continues. The surviving covered spouse can name a new
beneficiary; however, a new covered spouse cannot be added to the rider.
Unless you decline increase to the annual rider fee, at the time of spousal
continuation, a step-up may be available. All Annual Step-Up rules (see "Rider
Anniversary Processing -- Annual Step-Up" heading above) also apply to the
spousal continuation step-up except that the RALP will be reduced for any prior
withdrawals in that contract year. Also, the Credit Period will restart on the
next contract anniversary. The WAB, if greater than zero, will be increased to
the contract value if the contract value is greater. The spousal continuation
step-up is processed on the valuation date spousal continuation is effective.
RULES FOR SURRENDER: Minimum contract values following surrender no longer apply
to your contract. Surrenders will be taken from all accounts and the variable
subaccounts in the same proportion as your interest in each bears to the
contract value, unless you specify otherwise.
If your contract value is reduced to zero, the CB, if greater than zero, will be
permanently reset to zero, and there will be no additional Annual Credits. Also,
the following will occur:
If the ALP is not established and if the contract value is reduced to zero
as a result of fees or charges, then the owner must wait until the ALP
would be established, and the ALP will be paid annually until the death of
the covered person (JOINT LIFE: both covered spouses).
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If the ALP is established and if the contract value is reduced to zero as a
result of fees or charges, or as a result of a withdrawal that is less than
or equal to the RALP, then the owner will receive the ALP paid annually
until the death of the covered person (JOINT LIFE: both covered spouses).
In either case above:
- These annualized amounts will be paid in monthly installments. If the
monthly payment is less than $100, we have the right to change the
frequency, but no less frequently than annually.
- We will no longer accept additional purchase payments.
- No more charges will be collected for the rider.
- The current ALP is fixed for as long as payments are made.
- The death benefit becomes the remaining schedule of Annual Lifetime
Payments, if any, until total payments to the owner and the
beneficiary are equal to the PBG at the time the contract value falls
to zero.
- The amount paid in the current contract year will be reduced for any
prior withdrawals in that contract year.
If the ALP is not established and if the contract value is reduced to zero
as a result of a withdrawal, this rider and the contract will terminate.
If the ALP is established and if the contract value is reduced to zero as a
result of a withdrawal that is greater than the RALP, this rider and the
contract will terminate.
AT DEATH:
SINGLE LIFE: If the contract is jointly owned and an owner dies when the
contract value is greater than zero, the Lifetime Benefit for the covered person
will cease even if the covered person is still living or if the contract is
continued under the spousal continuation option.
JOINT LIFE: If the death benefit becomes payable at the death of a covered
spouse, the surviving covered spouse must utilize the spousal continuation
option to continue the Lifetime Benefit. If spousal continuation is not
available, the rider terminates. The Lifetime Benefit ends at the death of the
surviving covered spouse.
If the contract value is greater than zero when the death benefit becomes
payable, the beneficiary may:
elect to take the death benefit under the terms of the contract, or
elect to take the Principal Back Guarantee available under this rider, if
the PBG is greater than zero, or
continue the contract and the SecureSource 3 -- Joint Life rider under the
spousal continuation option.
For single and joint life, if the beneficiary elects the Principal Back
Guarantee under this rider, the following will occur:
1. If the ALP is established, the ALP on the date of death will be paid
until total payments to the beneficiary are equal to the PBG.
2. If the ALP is not established, the BB on the date of death multiplied
by the Lifetime Payment Percentage used for the youngest age in the
first Age Band will be paid annually until total payments to the
beneficiary are equal to the PBG.
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In either of the above cases:
- The Lifetime Payment Percentage used will be set as of the date of
death.
- The amount paid in the current contract year will be reduced for any
prior withdrawals in that year.
ASSIGNMENT AND CHANGE OF OWNERSHIP
SINGLE LIFE: The rider will terminate if there is an assignment or a change of
ownership unless the covered person remains the same and the new owner or
assignee assumes total ownership of the contract and was an owner or the covered
person before the change, or is a nonnatural owner holding for the sole benefit
of the prior owner (e.g., an individual ownership changed to a personal
revocable trust).
JOINT LIFE: In order to maintain the joint life benefit, the surviving covered
spouse must be able to continue the contract under the spousal continuation
provision. Therefore, only ownership arrangements that permit such continuation
are allowed at rider issue. If the owner is a natural person, only the covered
spouses can be owners. If there is a nonnatural or revocable trust owner, one of
the covered spouses must be the annuitant. The rider will terminate if there is
an assignment or a change of ownership unless the new owner or assignee assumes
total ownership of the contract and was an owner or a covered spouse before the
change, or is a nonnatural owner holding for the sole benefit of the prior owner
(e.g., an individual ownership changed to a personal revocable trust).
ANNUITY PROVISIONS: If your annuitization start date is the maximum
annuitization start date, you can choose one of the payout options available
under the contract or an alternative fixed annuity payout option available under
the SecureSource 3 rider. Under the rider's payout option, the minimum amount
payable shown in Table B, will not apply and you will receive the Annual
Lifetime Payment provided by this rider until the later of the death of the
covered person (JOINT LIFE: both covered spouses) or depletion of the Principal
Back Guarantee. If you choose to receive the ALP, the amount payable each year
will be equal to the Annual Lifetime Payment on the annuitization start date.
The amount paid in the current contract year will be reduced for any prior
withdrawals in that year. These annualized amounts will be paid in monthly
installments. If the monthly payment is less than $100, we have the right to
change the frequency, but no less frequently than annually.
If you choose to receive the ALP rather than a payout option available under the
contract, all other contract features, rider features and charges terminate
after the annuitization start date except for the PBG.
RIDER TERMINATION
The SecureSource 3 rider cannot be terminated either by you or us except as
follows:
SINGLE LIFE: after the death benefit is payable, the rider will terminate.
SINGLE LIFE: spousal continuation will terminate the rider.
SINGLE LIFE: for California residents, after the death of the covered
person, the rider will terminate.
JOINT LIFE: for California residents, after the death of the last covered
spouse, the rider will terminate.
JOINT LIFE: After the death benefit is payable the rider will terminate if
anyone other than a covered spouse continues the contract. However, if the
covered spouse continues the contract as an inherited IRA or as a
beneficiary of a participant in an employer sponsored retirement plan, the
rider will terminate.
When there are certain assignment and ownership changes as described in the
"Assignment and Change of Ownership" section above, the rider will
terminate.
On the annuitization start date, the rider will terminate.
You may terminate the rider if your annual rider fee after any increase is
more than 0.25 percentage points higher than your fee before the increase.
(See "Charges -- SecureSource 3 rider charge").
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When the contract value is reduced to zero as described in the Rules for
Surrender Section above, the rider will terminate.
Termination of the contract for any reason will terminate the rider.
For an example, see Appendix E.
ACCUMULATION PROTECTOR BENEFIT RIDER
The Accumulation Protector Benefit rider is an optional benefit that you may
select for an additional charge. The Accumulation Protector Benefit rider
specifies a Waiting Period that ends on the Benefit Date. The Accumulation
Protector Benefit rider provides a one-time adjustment to your contract value on
the Benefit Date if your contract value is less than the Minimum Contract
Accumulation Value (defined below) on that Benefit Date. On the Benefit Date, if
the contract value is equal to or greater than the Minimum Contract Accumulation
Value, as determined under the Accumulation Protector Benefit rider, the
Accumulation Protector Benefit rider ends without value and no benefit is
payable.
If the contract value falls to zero as the result of adverse market performance
or the deduction of fees and/or charges at any time during the Waiting Period
and before the Benefit Date, the contract and all riders, including the
Accumulation Protector Benefit rider will terminate without value and no
benefits will be paid. EXCEPTION: if you are still living on the Benefit Date,
we will pay you an amount equal to the Minimum Contract Accumulation Value as
determined under the Accumulation Protector Benefit rider on the valuation date
your contract value reached zero.
If you are age 80 or younger at contract issue, you may elect the Accumulation
Protector Benefit rider at the time you purchase your contract and the rider
effective date will be the contract issue date. The Accumulation Protector
Benefit rider may not be terminated once you have elected it except as described
in the "Terminating the Rider" section below. An additional charge for the
Accumulation Protector Benefit rider will be assessed annually during the
Waiting Period. The rider ends when the Waiting Period expires, no further
benefit will be payable, and no further charges for the rider will be deducted.
After the Waiting Period, you have the following options:
Continue your contract;
Take partial surrenders or make a full surrender; or
Annuitize your contract.
The Accumulation Protector Benefit rider may not be purchased with the optional
SecureSource 3 riders.
You should consider whether an Accumulation Protector Benefit rider is
appropriate for you because:
you must invest in the approved investment options, which are Portfolio
Stabilizer funds . We reserve the right to add, remove or substitute
approved investment options in the future. This requirement limits your
choice of investment options. This means you will not be able to allocate
contract value to all of the subaccounts, GPAs or the regular fixed account
that are available under the contract to contract owners who do not elect
the rider. (See "Investment Allocation Restrictions for Living Benefit
Riders -- Portfolio Stabilizer funds" section below) You may allocate
purchase payments to the Special DCA fixed account, when available, and we
will make monthly transfers into the approved investment options. You
should consult your financial advisor before you purchase the Accumulation
Protector Benefit rider.
you may not make additional purchase payments to your contract during the
Waiting Period after the first 180 days immediately following the effective
date of the Accumulation Protector Benefit rider. Some exceptions apply
(see "Additional Purchase Payments with Elective Step Up" below) In
addition, we reserve the right to change these additional purchase payment
limits, including making further restrictions, upon written notice;
if you purchase this contract as a qualified annuity, for example, an IRA,
you may need to take partial surrenders from your contract to satisfy the
RMDs under the Code. Partial surrenders, including those used to satisfy
RMDs, will reduce any potential benefit that the Accumulation Protector
Benefit rider provides. You should consult your tax advisor if you have any
questions about the use of this rider in your tax situation;
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if you think you may surrender all of your contract value before you have
held your contract with this benefit rider attached for 10 years, or you
are considering selecting an annuity payout option within 10 years of the
effective date of your contract, you should consider whether this optional
benefit is right for you. You must hold the contract a minimum of 10 years
from the effective date of the Accumulation Protector Benefit rider, which
is the length of the Waiting Period under the rider, in order to receive
the benefit, if any, provided by the rider. In some cases, as described
below, you may need to hold the contract longer than 10 years in order to
qualify for any benefit the Accumulation Protector Benefit rider may
provide;
the 10 year Waiting Period under the Accumulation Protector Benefit rider
will restart if you exercise the elective step-up option (described below)
or your surviving spouse exercises the spousal continuation elective
step-up (described below); and
the 10 year Waiting Period under the Accumulation Protector Benefit rider
may be restarted if you elect to change your investment option to one that
causes the Accumulation Protector Benefit rider fee to increase (see
"Waiting Period" below).
Be sure to discuss with your financial advisor whether an Accumulation Protector
Benefit rider is appropriate for your situation.
HERE ARE SOME GENERAL TERMS THAT ARE USED TO DESCRIBE THE OPERATION OF THE
ACCUMULATION PROTECTOR BENEFIT:
BENEFIT DATE: This is the first valuation date immediately following the
expiration of the Waiting Period.
MINIMUM CONTRACT ACCUMULATION VALUE (MCAV): An amount calculated under the
Accumulation Protector Benefit rider. The contract value will be increased to
equal the MCAV on the Benefit Date if the contract value is less than the MCAV
on the Benefit Date. Your initial MCAV is equal to your initial purchase
payment. It is increased by the amount of any subsequent purchase payments
received. It is reduced by any adjustments for partial surrenders made during
the Waiting Period.
ADJUSTMENTS FOR PARTIAL SURRENDERS: The adjustment made for each partial
surrender from the contract is equal to the amount derived from multiplying (a)
and (b) where:
(a) is 1 minus the ratio of the contract value on the date of (but
immediately after) the partial surrender to the contract value on the
date of (but immediately prior to) the partial surrender; and
(b) is the MCAV on the date of (but immediately prior to) the partial
surrender.
WAITING PERIOD: The Waiting Period for the rider is 10 years.
We reserve the right to restart the Waiting Period on the latest contract
anniversary if you change your investment option after we have exercised our
rights to increase the rider fee. Waiting Period will restart upon elective step
ups and spousal continuation step ups.
AUTOMATIC STEP UP
On each contract anniversary after the effective date of the rider, the MCAV
will be set to the greater of:
1. 90% of the contract value on the contract anniversary; or
2. the MCAV immediately prior to the automatic step up.
The automatic step up does not create contract value, guarantee the performance
of any investment option, or provide a benefit that can be surrendered or paid
upon death. Rather, the automatic step up is an interim calculation used to
arrive at the final MCAV, which is used to determine whether a benefit will be
paid under the rider on the Benefit Date.
The automatic step up of the MCAV does not restart the Waiting Period or
increase the fee (although the total charge for the rider may increase).
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ELECTIVE STEP UP OPTION
Within thirty days following each contract anniversary after the rider effective
date, but prior to the Benefit Date, you may notify us in writing that you wish
to exercise the annual elective step up option. You may exercise this elective
step up option only once per contract year during this 30 day period. If your
contract value on the valuation date we receive your written request to step up
is greater than the MCAV on that date, your MCAV will increase to 100% of that
contract value.
We may increase the fee for your rider (see "Charges -- Accumulation Protector
Benefit Rider Charge") and the revised fee would apply to your rider if you
exercise the annual elective step up. Elective step ups will also result in a
restart of the Waiting Period as of the most recent contract anniversary.
The elective step up does not create contract value, guarantee the performance
of any investment option or provide any benefit that can be surrendered or paid
upon death. Rather the elective step up is an interim calculation used to arrive
at the final MCAV, which is used to determine whether a benefit will be paid
under the rider on the Benefit Date.
The elective step up option is not available for inherited IRAs or if the
Benefit Date would be after the annuitization start date.
ADDITIONAL PURCHASE PAYMENTS WITH ANNUAL ELECTIVE STEP UPS
If your MCAV is increased as a result of Elective Step Up, you have 180 days
from the latest contract anniversary to make additional purchase payments, if
allowed under the base contract. The MCAV will include the amount of any
additional purchase payments received during this period.
SPOUSAL CONTINUATION
If a spouse chooses to continue the contract under the spousal continuation
provision, the rider will continue as part of the contract. Once, within the
thirty days following the date of spousal continuation, the spouse may choose to
exercise an elective step up. The spousal continuation elective step up is in
addition to the annual elective step up. If the contract value on the valuation
date we receive the written request to exercise this option is greater than the
MCAV on that date, we will increase the MCAV to that contract value. If the MCAV
is increased as a result of the elective step up and we have increased the fee
for the Accumulation Protector Benefit rider, you will pay the fee that is in
effect on the valuation date we receive their written request to step up. In
addition, the Waiting Period will restart as of the most recent contract
anniversary.
ASSIGNMENT AND CHANGE OF OWNERSHIP
Subject to state limitations, the rider will terminate if there is an assignment
or a change of ownership unless the new owner or assignee assumes total
ownership of the contract and was an owner before the change, or is a nonnatural
owner holding for the sole benefit of the prior owner (e.g., an individual
ownership changed to a personal revocable trust).
TERMINATING THE RIDER
The rider will terminate under the following conditions:
- The rider will terminate on the Benefit Date after the rider charge
has been deducted and after any adjustment to the contract value due
to payment of the rider benefit.
- The rider will terminate for certain assignment and ownership changes
as described in the "Assignment and Change of Ownership" provision
above.
- After the death benefit is payable, unless the spouse continues the
contract as described in the "Spousal Continuation" provision above,
the rider will terminate.
- In relation to certain increases to the annual rider fee, your written
request will terminate the rider. (See "Charges - Accumulation
Protector Benefit rider charge").
- The rider will terminate on the annuitization start date.
- Termination of the contract for any reason will terminate the rider.
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For an example, see Appendix E.
INVESTMENT ALLOCATION RESTRICTIONS FOR LIVING BENEFIT RIDERS
If you choose SecureSource 3 rider or Accumulation Protector Benefit rider, you
are required to allocate your purchase payments and contract value to the
Portfolio Stabilizer funds, as described in the "Portfolio Stabilizer funds"
section below until the rider terminates.
Your purchase payments and transfer requests must be allocated in accordance
with the above limitations. We will reject any purchase payment or transfer
request that does not comply with the above limitations.
PORTFOLIO STABILIZER FUNDS
If you elect the SecureSource 3 rider or Accumulation Protector Benefit rider,
your contract value must be invested in the Portfolio Stabilizer funds under the
term of the rider. Currently, we offer four Portfolio Stabilizer funds, (the
Funds). We reserve the right to add, remove or substitute Portfolio Stabilizer
funds. We also reserve the right, upon notification to you, to close or restrict
any Portfolio Stabilizer funds. Any change will apply to current allocations and
or to future purchase payments and transfers. If your living benefit rider is
terminated, you may remain invested in the Funds, but you will not be allowed to
allocate additional purchase payments or make transfers to the Funds.
THE PORTFOLIO STABILIZER FUNDS. Portfolio Stabilizer funds are specifically
designed for use with the SecureSource 3 rider or Accumulation Protector Benefit
rider with the investment objective of pursuing total return while seeking to
manage the exposure to market volatility.
Columbia Management Investment Advisers, LLC (Columbia Management) is the
investment adviser of the Funds and each underlying fund in which the Funds
invest. Columbia Management considers the independent analysis of Morningstar
Associates (Morningstar), an independent investment consultant, with respect to
the performance of the underlying funds, the types of investment categories
represented by the underlying funds, and the consideration of additional asset
classes, or segments within these classes represented by the underlying funds.
Columbia Management retains full discretion over the Funds' investment
activities. Neither Columbia Management Investment Advisers nor Morningstar
Associates, LLC serves as your investment adviser as to the allocation of your
contract value to the Portfolio Stabilizer funds.
Some of the underlying funds are managed on a day-to-day basis directly by
Columbia Management and some are managed by one or more affiliated sub-advisers,
subject to the oversight of Columbia Management and the Funds' board of
trustees.
The Portfolio Stabilizer funds currently available are:
1. Columbia Variable Portfolio -Managed Volatility Growth Fund (Class 2)(1)
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2. Columbia Variable Portfolio -Managed Volatility Moderate Growth Fund (Class
2) (previously Columbia Variable Portfolio -Managed Volatility Fund (Class
2))
3. Columbia Variable Portfolio -Managed Volatility Conservative Growth Fund
(Class 2)
4. Columbia Variable Portfolio -Managed Volatility Conservative Fund (Class 2)
(1) Columbia Variable Portfolio -Managed Volatility Growth Fund (Class 2) is
not available for contracts with the Accumulation Protector Benefit rider.
The Funds are diversified funds that, under normal market conditions, pursue
their investment objectives by allocating the Funds' assets across equity and
debt asset classes through investments in a mix of affiliated mutual funds
(underlying funds). Further, in seeking to manage equity market volatility, the
Funds employ a tactical allocation strategy of utilizing:
derivative transactions (such as credit default swap indexes, futures,
swaps, forward rate agreements and options);
direct investments in exchange-traded funds (ETFs); and
direct investments in fixed-income or debt securities (such as investment
grade corporate bonds, high yield (i.e., junk) instruments, sovereign debt,
U.S. Government bonds and notes, Treasury inflation-protected securities
(TIPS), mortgage- and asset-backed securities and international bonds, each
with varying interest rates, terms, durations and credit exposures).
The investments described above as part of the tactical allocation strategy are
primarily utilized to adjust (increase or reduce) the Funds' exposure to
different asset classes and various segments within these asset classes.
In general, when the Funds' investment adviser, Columbia Management, determines
that equity market volatility is relatively low, it may increase the Funds'
equity exposure and decrease the Funds' debt exposure. Conversely, if it
determines that volatility in the equity market is relatively high, it may
reduce (or, in certain extreme cases, eliminate entirely) the Funds' equity
exposure and, correspondingly, increase the Funds' debt exposure.
For additional information about the fund's investment strategies and risks, see
the Funds' prospectuses.
PORTFOLIO STABILIZER FUNDS CONFLICTS OF INTEREST. In providing investment
advisory services for the Funds and the underlying funds in which the Funds
invest, Columbia Management is, together with its affiliates, including us,
subject to competing interests that may influence its decisions. These competing
interests typically arise because Columbia Management or one of its affiliates
serves as the investment adviser to the underlying funds and may provide other
services in connection with such underlying funds, and because the compensation
we and our affiliates receive for providing these investment advisory and other
services varies depending on the underlying fund.
In addition, the Funds' investment strategies are intended in part to reduce
risks of investment losses that would require us to use our own assets to make
payments in connection with the guarantees under the SecureSource 3 rider or
Accumulation Protector Benefit rider. To the extent that the Funds' strategies
are successful, we will benefit from a reduction of the risk arising from our
guarantee obligations under the riders, and we will have less risk to hedge
under the rider than would be the case if holders did not invest in the Funds.
For example, the Funds are managed in a way that is intended to minimize
volatility of returns and hedge against the effects of interest rate changes.
Our financial interest in reducing the volatility of overall contract values
invested under the riders, in light of our obligations under the rider, may be
deemed to present a potential conflict of interest with respect to the interests
of the holders of the riders, in that our interest may at times conflict with
the Funds' investment objective when markets are appreciating.
For additional information about the conflicts of interest to which Columbia
Management and its affiliates are subject, see the Funds' prospectuses.
INVESTING IN THE PORTFOLIO STABILIZER FUNDS. You are responsible for determining
which Portfolio Stabilizer funds are best for you. Your financial advisor can
help you determine which investment options most closely matches your investing
style, based on factors such as your investment goals, your tolerance for risk
and how long you intend to invest. There is no guarantee that the Funds you
select or have selected are appropriate to your ability to withstand investment
risk. RiverSource Life is not responsible for your selection of specific
investment options, or your decision to change to different investment options.
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If you initially allocate qualifying purchase payments to the Special DCA fixed
account, when available (see "The Special DCA Fixed Account"), we will make
monthly transfers in accordance with your instructions from the Special DCA
fixed account into the investment options you have chosen.
You may request a change to your fund allocation up to twice per contract year
by written request on an authorized form or by another method agreed to by us.
Please consider requesting changes carefully, because we may charge you a higher
fee for your rider. (See "Charges -- Optional Living Benefit Charges") We also
reserve the right to limit the number of changes if required to comply with the
written instructions of a fund (see "Making the Most of Your Contract --
Transferring Among Accounts -- Market Timing") and the number of investment
options from which you can select.
RISKS. Although an investment in the Funds may have the effect of mitigating
declines in your contract value in the event of a significant decline in equity
market valuations, the strategies followed by the Funds, if successful, will
also generally result in your contract value increasing to a lesser degree than
the equity markets, or decreasing, when the values of equity investments are
stable or rising. This may deprive you of some or all of the benefit of
increases in equity market values under your contract and could also result in a
decrease in the value of your contract. In addition, there is no guarantee that
the Funds' strategies will have their intended effect, or that they will work as
effectively as is intended.
Before you select the SecureSource 3 rider or Accumulation Protector Benefit
rider, you and your financial advisor should carefully consider whether the
Fund(s) meet your investment objectives and risk tolerance. Because you cannot
terminate the SecureSource 3 rider or Accumulation Protector Benefit rider once
you have selected it, you must terminate your contract by requesting a full
surrender if you later decide that you do not want to invest in the Fund.
Surrender charges and tax penalties may apply. THEREFORE, YOU SHOULD NOT SELECT
THE SECURESOURCE 3 RIDER OR ACCUMULATION PROTECTOR BENEFIT RIDER IF YOU DO NOT
INTEND TO CONTINUE INVESTING IN THE FUNDS FOR THE LIFE OF THE CONTRACT.
THE ANNUITY PAYOUT PERIOD
As owner of the contract, you have the right to decide how and to whom annuity
payouts will be made starting on the annuitization start date. You may select
one of the annuity payout plans outlined below, or we may mutually agree on
other payout arrangements. We do not deduct any surrender charges under the
payout plans listed below.
You also decide whether we will make annuity payouts on a fixed or variable
basis, or a combination of fixed and variable. The amount available to purchase
payouts under the plan you select is the contract value on your annuitization
start date after any rider charges have been deducted, plus any positive or
negative MVA(less any applicable premium tax). Additionally, we currently allow
you to use part of the amount available to purchase payouts, leaving any
remaining contract value to accumulate on a tax-deferred basis. If you select a
variable annuity payout, we reserve the right to limit the number of subaccounts
in which you may invest. The GPAs, the Special DCA fixed account and Portfolio
Stabilizer funds are not available during this payout period.
AMOUNTS OF FIXED AND VARIABLE PAYOUTS DEPEND ON:
the annuity payout plan you select;
the annuitant's age and, in most cases, gender;
the annuity table in the contract; and
the amounts you allocated to the accounts on the annuitization start date.
In addition, for variable payouts only, amounts depend on the investment
performance of the subaccounts you select. These payouts will vary from month to
month because the performance of the funds will fluctuate. Fixed payouts remain
the same from month to month.
For information with respect to transfers between accounts after annuity payouts
begin, see "Making the Most of Your Contract -- Transfer policies."
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ANNUITY TABLES
The annuity tables in your contract (Table A and Table B) show the amount of the
monthly payout for each $1,000 of contract value according to the annuitant's
age and, when applicable, the annuitant's gender. (Where required by law, we
will use a gender neutral table of annuity payout rates.)
Table A shows the amount of the first monthly variable payout assuming that the
contract value is invested at the beginning of the annuity payout period and
earns a 5% rate of return, which is reinvested and helps to support future
payouts. If you ask us at least 30 days before the annuitization start date, we
will substitute an annuity Table based on an assumed 3.5% investment return for
the 5% Table A in the contract. The assumed investment return affects both the
amount of the first payout and the extent to which subsequent payouts increase
or decrease. For example, annuity payouts will increase if the investment return
is above the assumed investment return and payouts will decrease if the return
is below the assumed investment return. Using the 5% assumed interest return
results in a higher initial payout, but later payouts will increase more slowly
when annuity unit values rise and decrease more rapidly when they decline.
Table B shows the minimum amount of each fixed payout. We declare current payout
rates that we use in determining the actual amount of your fixed annuity payout.
The current payout rates will equal or exceed the guaranteed payout rates shown
in Table B. We will furnish these rates to you upon request.
ANNUITY PAYOUT PLANS
You may choose any one of these annuity payout plans by giving us written
instructions at least 30 days before the annuitization start date:
PLAN A: LIFE ANNUITY -- NO REFUND: We make monthly payouts until the
annuitant's death. Payouts end with the last payout before the annuitant's
death. We will not make any further payouts. This means that if the
annuitant dies after we made only ONE monthly payout, we will not make any
more payouts.
PLAN B: LIFE INCOME WITH GUARANTEED PERIOD: We make monthly payouts for a
guaranteed payout period of five, ten, or 15 years that you elect. This
election will determine the length of the payout period to the beneficiary
if the annuitant should die before the elected period expires. We calculate
the guaranteed payout period from the annuitization start date. If the
annuitant outlives the elected guaranteed payout period, we will continue to
make payouts until the annuitant's death.
PLAN C: LIFE ANNUITY -- INSTALLMENT REFUND: We make monthly payouts until
the annuitant's death, with our guarantee that payouts will continue for
some period of time. We will make payouts for at least the number of months
determined by dividing the amount applied under this option by the first
monthly payout, whether or not the annuitant is living.
PLAN D: JOINT AND LAST SURVIVOR LIFE ANNUITY -- NO REFUND: We make monthly
payouts while both the annuitant and a joint annuitant are living. If either
annuitant dies, we will continue to make monthly payouts at the full amount
until the death of the surviving annuitant. Payouts end with the death of
the second annuitant.
In addition to the annuity payout plans described above, we may offer an
additional payout plan, the term certain installment plan that would allow you
to receive monthly annuity payments for a specific payout period of ten to 30
years that you elect. During the payout period, you can elect to have us
determine the present value of any remaining variable payouts and pay it to you
in a lump sum. We determine the present value of the remaining annuity payouts
which are assumed to remain level at the amount of the payout that would have
been made 7 days prior to the date we determine the present value. The discount
rate we use in the calculation is 5.17% for the assumed investment return of
3.5% and 6.67% for the assumed investment return of 5%. (See "Charges --
Surrender charge.") A 10% IRS penalty tax could apply if you take surrender.
(See "Taxes.")
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ANNUITY PAYOUT PLAN REQUIREMENTS FOR QUALIFIED ANNUITIES: If your contract is a
qualified annuity, you have the responsibility for electing a payout plan under
your contract that complies with applicable law. Your contract describes your
payout plan options. The options will meet certain IRS regulations governing
RMDs if the payout plan meets the incidental distribution benefit requirements,
if any, and the payouts are made:
in equal or substantially equal payments over a period not longer than your
life expectancy or over the joint life expectancy of you and your designated
beneficiary; or
over a period certain not longer than your life expectancy or over the life
expectancy of you and your designated beneficiary.
For qualified and nonqualified contracts with the SecureSource 3 rider, if your
annuitization start date is the maximum annuitization start date, you can choose
one of the payout options available under the contract or an alternative fixed
annuity payout option available under the rider. Under the rider's payout
option, the minimum amount payable shown in Table B will not apply, and you will
receive the ALP provided by this rider until the later of the death of covered
person (JOINT LIFE: both covered spouses) or depletion of the PBG. If you choose
to receive the ALP, the amount payable each year will be equal to the ALP on the
annuitization start date. The amount paid in the current contract year will be
reduced for any prior withdrawals in that year. These annualized amounts will be
paid in monthly installments. If the monthly payment is less than $100, we have
the right to change the frequency, but no less frequently than annually. If you
choose to receive the ALP rather than a payout option available under the
contract, all other contract features, rider features and charges terminate
after the annuitization start date except for the principal back guarantee.
You must select a payout plan as of the annuitization start date set forth in
your contract.
IF WE DO NOT RECEIVE INSTRUCTIONS: You must give us written instructions for the
annuity payouts at least 30 days before the annuitization start date. If you do
not, we will make payouts under Plan B, with 120 monthly payouts guaranteed.
IF MONTHLY PAYOUTS WOULD BE LESS THAN $20: We will calculate the amount of
monthly payouts at the time amounts are applied to a payout plan. If the
calculations show that monthly payouts would be less than $20, we have the right
to pay the amount that would otherwise have been applied to a plan to the owner
in a lump sum or to change the frequency of the payouts.
DEATH AFTER ANNUITY PAYOUTS BEGIN: If you die after annuity payouts begin, we
will pay any amount payable to the beneficiary as provided in the annuity payout
plan in effect.
TAXES
Under current law, your contract has a tax-deferral feature. Generally, this
means you do not pay income tax until there is a taxable distribution (or deemed
distribution) from the contract. We will send a tax information reporting form
for any year in which we made a taxable or reportable distribution according to
our records.
NONQUALIFIED ANNUITIES
Generally, only the increase in the value of a nonqualified annuity contract
over the investment in the contract is taxable. Certain exceptions apply.
Federal tax law requires that all nonqualified deferred annuity contracts issued
by the same company (and possibly its affiliates) to the same owner during a
calendar year be taxed as a single, unified contract when distributions are
taken from any one of those contracts.
ANNUITY PAYOUTS: Generally, unlike surrenders described below, the taxation of
annuity payouts is subject to exclusion ratios, i.e. a portion of each payout
will be ordinary income and subject to tax, and a portion of each payout will be
considered a return of part of your investment in the contract and will not be
taxed. All amounts you receive after your investment in the contract is fully
recovered will be subject to tax. Under Annuity Payout Plan A: Life annuity --
no refund, where the annuitant dies before your investment in the contract is
fully recovered, the remaining portion of the unrecovered investment may be
available as a federal income tax deduction to the owner for the last taxable
year. Under all other annuity payout plans, where the annuity payouts end before
your investment in the contract is fully recovered, the remaining portion of the
unrecovered investment may be available as a federal income tax deduction to the
taxpayer for the tax year in which the payouts end. (See "The Annuity Payout
Period -- Annuity Payout Plans.")
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Beginning in 2011, federal tax law permits taxpayers to annuitize a portion of
their nonqualified annuity while leaving the remaining balance to continue to
grow tax-deferred. Under the new partial annuitization rules, the portion
annuitized must be received as an annuity for a period of 10 years or more, or
for the lives of one or more individuals. If this requirement is met, the
annuitized portion and the tax-deferred balance will generally be treated as two
separate contracts for income tax purposes only. If a contract is partially
annuitized, the investment in the contract is allocated between the deferred and
the annuitized portions on a pro rata basis.
SURRENDERS: Generally, if you surrender all or part of your nonqualified annuity
before the annuitization start date, including surrenders under any optional
withdrawal benefit rider, your surrender will be taxed to the extent that the
contract value immediately before the surrender exceeds the investment in the
contract. Different rules may apply if you exchange another contract into this
contract.
You also may have to pay a 10% IRS penalty for surrenders of taxable income you
make before reaching age 59 1/2 unless certain exceptions apply.
WITHHOLDING: If you receive taxable income as a result of an annuity payout or
surrender, including surrenders under any optional withdrawal benefit rider, we
may deduct federal, and in some cases state withholding against the payment. Any
withholding represents a prepayment of your tax due for the year. You take
credit for these amounts on your annual income tax return. As long as you have
provided us with a valid Social Security Number or Taxpayer Identification
Number, and you have a valid U.S. address, you may be able to elect not to have
any withholding occur.
If the payment is part of an annuity payout plan, we generally compute the
amount of federal income tax withholding using payroll tables. You may provide
us with a statement of how many exemptions to use in calculating the
withholding. If the distribution is any other type of payment (such as partial
or full surrender) we compute federal income tax withholding using 10% of the
taxable portion.
The federal income tax withholding requirements differ if we deliver payment
outside the United States or you are a non-resident alien.
Some states also may impose income tax withholding requirements similar to the
federal withholding described above. If this should be the case, we may deduct
state income tax withholding from the payment.
DEATH BENEFITS TO BENEFICIARIES: The death benefit under a nonqualified contract
is not exempt from estate (federal or state) taxes. In addition, for income tax
purposes, any amount your beneficiary receives that exceeds the investment in
the contract is taxable as ordinary income to the beneficiary in the year he or
she receives the payments. (See "Benefits in Case of Death -- If You Die Before
the Annuitization Start Date").
MEDICARE CONTRIBUTION TAX: Effective for taxable years beginning on or after
January 1, 2013, certain high-income individuals (as well as estates and trusts)
will be subject to a new 3.8% Medicare contribution tax (as an addition to
income taxes). For individuals, the 3.8% tax will apply to the lesser of (1) the
amount by which the taxpayer's modified adjusted gross income exceeds $200,000
($250,000 for married filing jointly and surviving spouses; $125,000 for married
filing separately) or (2) the taxpayer's "net investment income." Net investment
income includes taxable income from nonqualified annuities. Annuity holders are
advised to consult their tax advisor regarding the possible implications of this
additional tax.
ANNUITIES OWNED BY CORPORATIONS, PARTNERSHIPS OR IRREVOCABLE TRUSTS: For
nonqualified annuities, any annual increase in the value of annuities held by
such entities (nonnatural persons) generally will be treated as ordinary income
received during that year. However, if the trust was set up for the benefit of a
natural person(s) only, the income will generally remain tax-deferred until
surrendered or paid out.
PENALTIES: If you receive amounts from your nonqualified annuity before reaching
age 59 1/2, you may have to pay a 10% IRS penalty on the amount includable in
your ordinary income. However, this penalty will not apply to any amount
received:
because of your death or in the event of nonnatural ownership, the death of
the annuitant;
because you become disabled (as defined in the Code);
if the distribution is part of a series of substantially equal periodic
payments, made at least annually, over your life or life expectancy (or
joint lives or life expectancies of you and your beneficiary);
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if it is allocable to an investment before Aug. 14, 1982; or
if annuity payouts are made under immediate annuities as defined by the
Code.
TRANSFER OF OWNERSHIP: Generally, if you transfer ownership of a nonqualified
annuity without receiving adequate consideration, the transfer may be treated as
surrender for federal income tax purposes. If the transfer is a currently
taxable event for income tax purposes, the original owner will be taxed on the
amount of deferred earnings at the time of the transfer and also may be subject
to the 10% IRS penalty discussed earlier. In this case, the new owner's
investment in the contract will be the value of the contract at the time of the
transfer. In general, this rule does not apply to transfers between spouses or
former spouses. Similar rules apply if you transfer ownership for a full
consideration. Please consult your tax advisor for further details.
1035 EXCHANGES: Section 1035 of the Code permits nontaxable exchanges of certain
insurance policies, endowment contracts, annuity contracts and qualified
long-term care insurance products, while providing for continued tax deferral of
earnings. In addition, Section 1035 permits the carryover of the cost basis from
the old policy or contract to the new policy or contract. A 1035 exchange is a
transfer of one policy or contract for another policy or contract. The following
are nontaxable exchanges: (1) the exchange of a life insurance policy for
another life insurance policy or for an endowment, annuity or qualified
long-term care insurance contract, (2) the exchange of an endowment contract for
an annuity or qualified long-term care insurance contract, or for an endowment
contract under which payments will begin no later than payments would have begun
under the contract exchanged, (3) the exchange of an annuity contract for
another annuity contract or for a qualified long-term care insurance contract,
and (4) the exchange of a qualified long-term care insurance contract for a or
qualified long-term care insurance contract. However, if the life insurance
policy has an outstanding loan, there are may be tax consequences. Depending on
the issue date of your original policy or contract, there may be tax or other
benefits that are given up to gain the benefits of the new policy or contract.
Consider whether the features and benefits of the new policy or contract
outweigh any tax or other benefits of the old contract.
For a partial exchange of an annuity contract for another annuity contract, the
1035 exchange is generally tax-free. The investment in the original contract and
the earnings on the contract will be allocated proportionately between the
original and new contracts. However, per IRS Revenue Procedure 2011-38, if
surrenders are taken from either contract within the 180-day period following an
exchange, the IRS will apply general tax principles to determine the appropriate
tax treatment of the exchange and subsequent surrender. As a result, there may
be unexpected tax consequences. You should consult your tax advisor before
taking any surrender from either contract during the 180-day period following a
partial exchange. Different IRS limitations on surrenders apply to partial
exchanges completed prior to October 24, 2011.
ASSIGNMENT: If you assign or pledge your contract as collateral for a loan,
earnings on purchase payments you made after Aug. 13, 1982 will be taxed as a
deemed distribution and you may have to pay a 10% IRS penalty.
QUALIFIED ANNUITIES
Adverse tax consequences may result if you do not ensure that contributions,
distributions and other transactions under the contract comply with the law.
Qualified annuities have minimum distribution rules that govern the timing and
amount of distributions. You should refer to your retirement plan's Summary Plan
Description, your IRA disclosure statement, or consult a tax advisor for
additional information about the distribution rules applicable to your
situation.
When you use your contract to fund a retirement plan or IRA that is already
tax-deferred under the Code, the contract will not provide any necessary or
additional tax deferral. If your contract is used to fund an employer sponsored
plan, your right to benefits may be subject to the terms and conditions of the
plan regardless of the terms of the contract.
ANNUITY PAYOUTS: Under a qualified annuity, except a Roth IRA, the entire payout
generally is includable as ordinary income and is subject to tax unless: (1) the
contract is an IRA to which you made non-deductible contributions; or (2) you
rolled after-tax dollars from a retirement plan into your IRA; or (3) the
contract is used to fund a retirement plan and you or your employer have
contributed after-tax dollars.
ANNUITY PAYOUTS FROM ROTH IRAS: In general, the entire payout from a Roth IRA
can be free from income and penalty taxes if you have attained age 59 1/2 and
meet the five year holding period.
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SURRENDERS: Under a qualified annuity, except a Roth IRA, the entire surrender
will generally be includable as ordinary income and is subject to tax unless:
(1) the contract is an IRA to which you made non-deductible contributions; or
(2) you rolled after-tax dollars from a retirement plan into your IRA; or (3)
the contract is used to fund a retirement plan and you or your employer have
contributed after-tax dollars.
SURRENDERS FROM ROTH IRAS: In general, the entire payout from a Roth IRA can be
free from income and penalty taxes if you have attained age 59 1/2 and meet the
five year holding period.
REQUIRED MINIMUM DISTRIBUTIONS: Retirement plans (except for Roth IRAs) are
subject to required surrenders called required minimum distributions ("RMDs")
beginning at age 70 1/2. RMDs are based on the fair market value of your
contract at year-end divided by the life expectancy factor. Certain death
benefits and optional riders may be considered in determining the fair market
value of your contract for RMD purposes. This may cause your RMD to be higher.
You should consult your tax advisor prior to making a purchase for an
explanation of the potential tax implications to you. Inherited IRAs (including
inherited Roth IRAs) are subject to special required minimum distribution rules.
WITHHOLDING FOR IRAS, ROTH IRAS, SEPS AND SIMPLE IRAS: If you receive taxable
income as a result of an annuity payout or a surrender, including surrenders
under any optional withdrawal benefit rider, we may deduct withholding against
the payment. Any withholding represents a prepayment of your tax due for the
year. You take credit for these amounts on your annual income tax return. As
long as you have provided us with a valid Social Security Number or Taxpayer
Identification Number, you can elect not to have any withholding occur.
If the payment is part of an annuity payout plan, we generally compute the
amount of federal income tax withholding using payroll tables. You may provide
us with a statement of how many exemptions to use in calculating the
withholding. If the distribution is any other type of payment (such as a partial
or full surrender) we compute federal income tax withholding using 10% of the
taxable portion.
The federal income tax withholding requirements differ if we deliver payment
outside the United States or you are a non-resident alien.
Some states also may impose income tax withholding requirements similar to the
federal withholding described above. If this should be the case, we may deduct
state income tax withholding from the payment.
WITHHOLDING FOR ALL OTHER QUALIFIED ANNUITIES: If you receive directly all or
part of the contract value from a qualified annuity, mandatory 20% federal
income tax withholding (and possibly state income tax withholding) generally
will be imposed at the time the payout is made from the plan. Any withholding
represents a prepayment of your tax due for the year. You take credit for these
amounts on your annual income tax return. This mandatory withholding will not be
imposed if instead of receiving the distribution check, you elect to have the
distribution rolled over directly to an IRA or another eligible plan. Payments
made to a surviving spouse instead of being directly rolled over to an IRA are
also subject to mandatory 20% income tax withholding.
In the below situations, the distribution is subject to an optional 10%
withholding instead of the mandatory 20% withholding. We will withhold 10% of
the distribution amount unless you elect otherwise.
the payout is one in a series of substantially equal periodic payouts, made
at least annually, over your life or life expectancy (or the joint lives or
life expectancies of you and your designated beneficiary) or over a
specified period of 10 years or more;
the payout is a RMD as defined under the Code;
the payout is made on account of an eligible hardship; or
the payout is a corrective distribution.
State withholding also may be imposed on taxable distributions.
PENALTIES: If you receive amounts from your qualified contract before reaching
age 59 1/2, you may have to pay a 10% IRS penalty on the amount includable in
your ordinary income. However, this penalty generally will not apply to any
amount received:
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because of your death;
because you become disabled (as defined in the Code);
if the distribution is part of a series of substantially equal periodic
payments made at least annually, over your life or life expectancy (or
joint lives or life expectancies of you and your beneficiary);
if the distribution is made following severance from employment during the
calendar year in which you attain age 55 (TSAs and annuities funding 401(a)
plans only);
to pay certain medical or education expenses (IRAs only); or
if the distribution is made from an inherited IRA.
DEATH BENEFITS TO BENEFICIARIES: The entire death benefit generally is taxable
as ordinary income to the beneficiary in the year he/she receives the payments
from the qualified annuity. If you made non-deductible contributions to a
traditional IRA, the portion of any distribution from the contract that
represents after-tax contributions is not taxable as ordinary income to your
beneficiary. You are responsible for keeping all records tracking your
non-deductible contributions to an IRA. Death benefits under a Roth IRA
generally are not taxable as ordinary income to the beneficiary if certain
distribution requirements are met. (See "Benefits in Case of Death -- If You Die
Before the Annuitization Start Date").
ASSIGNMENT: You may not assign or pledge your qualified contract as collateral
for a loan.
OTHER
SPECIAL CONSIDERATIONS IF YOU SELECT ANY OPTIONAL RIDER: As of the date of this
prospectus, we believe that charges related to these riders are not subject to
current taxation. Therefore, we will not report these charges as partial
surrenders from your contract. However, the IRS may determine that these charges
should be treated as partial surrenders subject to taxation to the extent of any
gain as well as the 10% tax penalty for surrenders before the age of 59 1/2, if
applicable.
We reserve the right to report charges for these riders as partial surrenders if
we, as a withholding and reporting agent, believe that we are required to report
them. In addition, we will report any benefits attributable to these riders on
your death as an annuity death benefit distribution, not as proceeds from life
insurance.
IMPORTANT: Our discussion of federal tax laws is based upon our understanding of
current interpretations of these laws. Federal tax laws or current
interpretations of them may change. For this reason and because tax consequences
are complex and highly individual and cannot always be anticipated, you should
consult a tax advisor if you have any questions about taxation of your contract.
RIVERSOURCE LIFE'S TAX STATUS: We are taxed as a life insurance company under
the Code. For federal income tax purposes, the subaccounts are considered a part
of our company, although their operations are treated separately in accounting
and financial statements. Investment income is reinvested in the fund in which
each subaccount invests and becomes part of that subaccount's value. This
investment income, including realized capital gains, is not subject to any
withholding for federal or state income taxes. We reserve the right to make such
a charge in the future if there is a change in the tax treatment of variable
annuities or in our tax status as we then understand it.
TAX QUALIFICATION: We intend that the contract qualify as an annuity for federal
income tax purposes. To that end, the provisions of the contract are to be
interpreted to ensure or maintain such tax qualification, in spite of any other
provisions of the contract. We reserve the right to amend the contract to
reflect any clarifications that may be needed or are appropriate to maintain
such qualification or to conform the contract to any applicable changes in the
tax qualification requirements. We will send you a copy of any amendments.
SPOUSAL STATUS: Under the Code, spousal continuation and certain distribution
options are available only to a person who is defined as a "spouse" under the
Federal Defense of Marriage Act or other applicable Federal law. All contract
provisions will be interpreted and administered in accordance with the
requirements of the Code. Therefore, under current Federal law, if you are in
the civil union or you are contemplating a civil union or same-sex marriage, you
should note that the favorable tax treatment afforded under Federal law would
not be available to the same-sex partner or same-sex spouse. Same-sex partners
or spouses who own or are considering the purchase of annuity products that
provide benefits based upon status as a spouse should consult a tax adviser.
79
VOTING RIGHTS
As a contract owner with investments in the subaccounts, you may vote on
important fund policies until annuity payouts begin. Once they begin, the person
receiving them has voting rights. We will vote fund shares according to the
instructions of the person with voting rights.
Before annuity payouts begin, the number of votes you have is determined by
applying your percentage interest in each subaccount to the total number of
votes allowed to the subaccount.
After annuity payouts begin, the number of votes you have is equal to:
the reserve held in each subaccount for your contract; divided by
the net asset value of one share of the applicable fund.
As we make annuity payouts, the reserve for the contract decreases; therefore,
the number of votes also will decrease.
We calculate votes separately for each subaccount. We will send notice of
shareholders' meetings, proxy materials and a statement of the number of votes
to which the voter is entitled. We will vote shares for which we have not
received instructions in the same proportion as the votes for which we received
instructions. We also will vote the shares for which we have voting rights in
the same proportion as the votes for which we received instructions.
SUBSTITUTION OF INVESTMENTS
We may substitute the funds in which the subaccounts invest if:
laws or regulations change;
the existing funds become unavailable; or
in our judgment, the funds no longer are suitable (or no longer the most
suitable) for the subaccounts.
If any of these situations occur, and if we believe it is in the best interest
of persons having voting rights under the contract, we have the right to
substitute a fund currently listed in this prospectus (existing fund) for
another fund (new fund). The new fund may have higher fees and/or operating
expenses than the existing fund. Also, the new fund may have investment
objectives and policies and/or investment advisers which differ from the
existing fund.
We may also:
add new subaccounts;
combine any two or more subaccounts;
transfer assets to and from the subaccounts or the variable account; and
eliminate or close any subaccounts.
We will notify you of any substitution or change. If we notify you that a
subaccount will be eliminated or closed, you will have a certain period of time
to tell us where to reallocate purchase payments or contract value currently
allocated to that subaccount. If we do not receive your reallocation
instructions by the due date, we automatically will reallocate to the subaccount
investing in the Columbia Variable Portfolio -- Cash Management Fund. You may
then transfer this reallocated amount in accordance with the transfer provisions
of your contract (see "Transferring Between Accounts" above).
80
In the event of substitution or any of these changes, we may amend the contract
and take whatever action is necessary and appropriate without your consent or
approval. However, we will not make any substitution or change without the
necessary approval of the SEC and state insurance departments.
ABOUT THE SERVICE PROVIDERS
PRINCIPAL UNDERWRITER
RiverSource Distributors, Inc. (RiverSource Distributors), our affiliate, serves
as the principal underwriter and general distributor of the contract. Its
offices are located at 829 Ameriprise Financial Center, Minneapolis, MN 55474.
RiverSource Distributors is a wholly-owned subsidiary of Ameriprise Financial,
Inc.
SALES OF THE CONTRACT
Only securities broker-dealers ("selling firms") registered with the SEC
and members of the FINRA may sell the contract.
The contracts are continuously offered to the public through authorized
selling firms. We and RiverSource Distributors have a sales agreement with
the selling firm. The sales agreement authorizes the selling firm to offer
the contracts to the public. RiverSource Distributors pays the selling firm
(or an affiliated insurance agency) for contracts its financial advisors
sell. The selling firm may be required to return sales commissions under
certain circumstances including but not limited to when contracts are
returned under the free look period.
PAYMENTS TO SELLING FIRMS
We may use compensation plans which vary by selling firm. For example, some
of these plans pay selling firms a commission of up to 7.50% each time you
make a purchase payment. We may also pay ongoing trail commissions of up to
1.25% of the contract value. We do not pay or withhold payment of
commissions based on which investment options you select.
We may pay selling firms a temporary additional sales commission of up to
1% of purchase payments for a period of time we select. For example, we may
offer to pay a temporary additional sales commission to get selling firms
to market a new or enhanced contract or to increase sales during the
period.
In addition to commissions, we may, in order to promote sales of the
contracts, and as permitted by applicable laws and regulations, pay or
provide selling firms with other promotional incentives in cash, credit or
other compensation. We generally (but may not) offer these promotional
incentives to all selling firms. The terms of such arrangements differ
between selling firms. These promotional incentives may include but are not
limited to:
sponsorship of marketing, educational, due diligence and compliance
meetings and conferences we or the selling firm may conduct for financial
advisors, including subsidy of travel, meal, lodging, entertainment and
other expenses related to these meetings;
marketing support related to sales of the contract including for example,
the creation of marketing materials, advertising and newsletters;
providing service to contract owners; and
funding other events sponsored by a selling firm that may encourage the
selling firm's financial advisors to sell the contract.
These promotional incentives or reimbursements may be calculated as a percentage
of the selling firm's aggregate, net or anticipated sales and/or total assets
attributable to sales of the contract, and/or may be a fixed dollar amount. As
noted below this additional compensation may cause the selling firm and its
financial advisors to favor the contracts.
81
SOURCES OF PAYMENTS TO SELLING FIRMS
We pay the commissions and other compensation described above from our assets.
Our assets may include:
revenues we receive from fees and expenses that you will pay when buying,
owning and surrendering the contract (see "Expense Summary");
compensation we or an affiliate receive from the underlying funds in the
form of distribution and services fees (see "The Variable Account and the
Funds -- The funds");
compensation we or an affiliate receive from a fund's investment adviser,
subadviser, distributor or an affiliate of any of these (see "The Variable
Account and the Funds -- The funds"); and
revenues we receive from other contracts and policies we sell that are not
securities and other businesses we conduct.
You do not directly pay the commissions and other compensation described above
as the result of a specific charge or deduction under the contract. However, you
may pay part or all of the commissions and other compensation described above
indirectly through:
fees and expenses we collect from contract owners, including surrender
charges; and
fees and expenses charged by the underlying funds in which the subaccounts
you select invest, to the extent we or one of our affiliates receive
revenue from the funds or an affiliated person.
POTENTIAL CONFLICTS OF INTEREST
Compensation payment arrangements with selling firms can potentially:
give selling firms a heightened financial incentive to sell the contract
offered in this prospectus over another investment with lower compensation
to the selling firm.
cause selling firms to encourage their financial advisors to sell you the
contract offered in this prospectus instead of selling you other
alternative investments that may result in lower compensation to the
selling firm.
cause selling firms to grant us access to its financial advisors to promote
sales of the contract offered in this prospectus, while denying that access
to other firms offering similar contracts or other alternative investments
which may pay lower compensation to the selling firm.
PAYMENTS TO FINANCIAL ADVISORS
The selling firm pays its financial advisors. The selling firm decides the
compensation and benefits it will pay its financial advisors.
To inform yourself of any potential conflicts of interest, ask your
financial advisor before you buy how the selling firm and its financial
advisors are being compensated and the amount of the compensation that each
will receive if you buy the contract.
ISSUER
We issue the contracts. We are a stock life insurance company organized in 1957
under the laws of the state of Minnesota and are located at 829 Ameriprise
Financial Center, Minneapolis, MN 55474. We are a wholly-owned subsidiary of
Ameriprise Financial, Inc.
We conduct a conventional life insurance business. We are licensed to do
business in 49 states, the District of Columbia and American Samoa. Our primary
products currently include fixed and variable annuity contracts and life
insurance policies.
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LEGAL PROCEEDINGS
Life insurance companies have been the subject of increasing regulatory,
legislative and judicial scrutiny. Numerous state and federal regulatory
agencies have commenced examinations and other inquiries of insurance companies
regarding sales and marketing practices (including sales to older consumers and
disclosure practices), claims handling, and unclaimed property and escheatment
practices and procedures. With regard to an industry-wide investigation of
unclaimed property and escheatment practices and procedures, RiverSource Life is
responding to regulatory audits, market conduct examinations and other inquiries
(including inquiries from the State of Minnesota). RiverSource Life has
cooperated with and will continue to cooperate with the applicable regulators
regarding their inquiries.
RiverSource Life is involved in the normal course of business in a number of
other legal and arbitration proceedings concerning matters arising in connection
with the conduct of its business activities. RiverSource Life believes that it
is not a party to, nor are any of its properties the subject of, any pending
legal, arbitration or regulatory proceedings that would have a material adverse
effect on its consolidated financial condition, results of operations or
liquidity. However, it is possible that the outcome of any such proceedings
could have a material adverse impact on results of operations in any particular
reporting period as the proceedings are resolved.
ADDITIONAL INFORMATION
INCORPORATION OF CERTAIN DOCUMENTS BY REFERENCE
RiverSource Life is incorporating by reference in this prospectus information we
file with the SEC, which means that we are disclosing important information to
you by referring you to those documents. The information that we incorporate by
reference is an important part of this prospectus, and later information that we
file with the SEC automatically will update and supersede this information. The
Annual Report on Form 10-K of RiverSource Life Insurance Company for the year
ended December 31, 2012, File No. 33-28976, that we previously filed with the
SEC under the Securities Exchange Act of 1934 (1934 Act) is incorporated by
reference into this prospectus, as well as all of our subsequent annual reports
on Form 10-K, quarterly reports on Form 10-Q and current reports on Form 8-K
filed with the SEC under the 1934 Act. To access these documents, see "SEC
Filings" under "Investors Relations" on our website at www.ameriprise.com.
RiverSource Life will furnish you without charge a copy of any or all of the
documents incorporated by reference into this prospectus, including any exhibits
to such documents which have been specifically incorporated by reference. We
will do so upon receipt of your written or oral request. You can contact
RiverSource Life at the telephone number and address listed on the first page of
this prospectus.
AVAILABLE INFORMATION
This prospectus is part of a registration statement we file with the SEC.
Additional information on RiverSource Life and on this offering is available in
the registration statement and other materials we file. You can obtain copies of
these materials at the SEC's Public Reference Room at 100 F Street, N.E.,
Washington, D.C. 20549. You can obtain information on the operation of the
Public Reference Room by calling the SEC at 1-800-SEC-0330. The SEC also
maintains an Internet site that contains reports, proxy and information
statements and other information regarding issuers that file electronically with
the SEC. This prospectus, other information about the contract and other
information incorporated by reference are available on the EDGAR Database on the
SEC's Internet site at (http://www.sec.gov).
INDEMNIFICATION
Insofar as indemnification for liabilities arising under the Securities Act of
1933 (1933 Act) may be permitted to directors and officers or persons
controlling RiverSource Life pursuant to the foregoing provisions, we have been
informed that in the opinion of the SEC such indemnification is against public
policy as expressed in the 1933 Act and is therefore unenforceable.
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APPENDIX A: THE FUNDS
UNLESS YOU HAVE ELECTED ONE OF THE OPTIONAL LIVING BENEFIT RIDERS, YOU MAY
ALLOCATE PURCHASE PAYMENTS AND TRANSFERS TO ANY OR ALL OF THE SUBACCOUNTS OF THE
VARIABLE ACCOUNT THAT INVEST IN SHARES OF THE FOLLOWING FUNDS: To be filed by
Amendment
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APPENDIX B: EXAMPLE -- MARKET VALUE ADJUSTMENT (MVA)
AS THE EXAMPLES BELOW DEMONSTRATE, THE APPLICATION OF AN MVA MAY RESULT IN
EITHER A GAIN OR A LOSS OF PRINCIPAL. WE REFER TO ALL OF THE TRANSACTIONS
DESCRIBED BELOW AS "EARLY SURRENDERS." THE EXAMPLES MAY SHOW HYPOTHETICAL
CONTRACT VALUES. THESE CONTRACT VALUES DO NOT REPRESENT PAST OR FUTURE
PERFORMANCE. ACTUAL CONTRACT VALUES MAY BE MORE OR LESS THAN THOSE SHOWN AND
WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING BUT NOT LIMITED TO THE INVESTMENT
EXPERIENCE OF THE SUBACCOUNTS, GPAS, SPECIAL DCA FIXED ACCOUNT, REGULAR FIXED
ACCOUNT AND THE FEES AND CHARGES THAT APPLY TO YOUR CONTRACT.
ASSUMPTIONS:
You purchase a contract and allocate part of your purchase payment to the
ten-year GPA; and
we guarantee an interest rate of 3.0% annually for your ten-year Guarantee
Period; and
after three years, you decide to make a surrender from your GPA. In other
words, there are seven years left in your guarantee period.
Remember that the MVA depends partly on the interest rate of a new GPA for the
same number of years as the Guarantee Period remaining on your GPA. In this
case, that is seven years.
EXAMPLE 1: Remember that your GPA is earning 3.0%. Assume at the time of your
surrender new GPAs that we offer with a seven-year Guarantee Period are earning
3.5%. We add 0.10% to the 3.5% rate to get 3.6%. Your GPA's 3.0% rate is less
than the 3.6% rate so the MVA will be negative.
EXAMPLE 2: Remember again that your GPA is earning 3.0%, and assume that new
GPAs that we offer with a seven-year Guarantee Period are earning 2.5%. We add
0.10% to the 2.5% rate to get 2.6%. In this example, since your GPA's 3.0% rate
is greater than the 2.6% rate, the MVA will be positive. To determine that
adjustment precisely, you will have to use the formula described below.
SAMPLE MVA CALCULATIONS
The precise MVA formula we apply is as follows:
EARLY SURRENDER AMOUNT X [( 1 + I )(N/12) - 1 ] = MVA
------------
1 + J + .001
Where i = rate earned in the GPA from which amounts are being transferred
or surrendered.
j = current rate for a new Guaranteed Period equal to the remaining
term in the current Guarantee Period (rounded up to the next
year).
n = number of months remaining in the current Guarantee Period
(rounded up to the next month).
EXAMPLES -- MVA
Using assumptions similar to those we used in the examples above:
You purchase a contract and allocate part of your purchase payment to the
ten-year GPA; and
we guarantee an interest rate of 3.0% annually for your ten-year Guarantee
Period; and
after three years, you decide to make a $1,000 surrender from your GPA. In
other words, there are seven years left in your guarantee period.
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EXAMPLE 1: You request an early surrender of $1,000 from your ten-year GPA
earning a guaranteed interest rate of 3.0%. Assume at the time of your surrender
new GPAs that we offer with a seven-year Guarantee Period are earning 3.5%.
Using the formula above, we determine the MVA as follows:
1.030
----------------
$1,000 X [( 1 + .035 + .001 ) (84/12) - 1] = -$39.84
In this example, the MVA is a negative $39.84.
EXAMPLE 2: You request an early surrender of $1,000 from your ten-year GPA
earning a guaranteed interest rate of 3.0%. Assume at the time of your surrender
new GPAs that we offer with a seven-year Guarantee Period are earning 2.5%.
Using the formula above, we determine the MVA as follows:
1.030
----------------
$1,000 X [( 1 + .025 + .001 ) (84/12) - 1] = $27.61
In this example, the MVA is a positive $27.61.
Please note that when you allocate your purchase payment to the ten-year GPA and
your purchase payment is in its fourth year from receipt at the beginning of the
guarantee period, your surrender charge percentage is 7% if you elected RAVA 5
Advantage with the ten-year surrender charge schedule, 6% if you elected RAVA 5
Advantage with the seven-year surrender charge schedule and 4% if you elected
RAVA 5 Select. We do not apply MVAs to the amounts we deduct for surrender
charges, so we would deduct the surrender charge from your early surrender after
we applied the MVA. Also note that when you request an early surrender, we
surrender an amount from your GPA that will give you the net amount you
requested after we apply the MVA and any applicable surrender charge, unless you
request otherwise.
The current interest rate we offer on the GPA will change periodically at our
discretion. It is the rate we are then paying on purchase payments, renewals and
transfers paid under this class of contracts for guarantee period durations
equaling the remaining guarantee period of the GPA to which the formula is being
applied.
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APPENDIX C: EXAMPLE -- SURRENDER CHARGES
We determine your surrender charge by multiplying the amount of each purchase
payment surrendered which could be subject to a surrender charge by the
applicable surrender charge percentage, and then totaling the surrender charges.
We calculate the amount of purchase payments surrendered (PPS) as:
PPS = PPSC + PPF
PPSC = purchase payments surrendered that could be subject to a surrender
charge = (PS - FA) / (CV - FA) x (PP - PPF)
PPF = purchase payments surrendered that are not subject to a surrender
charge = FA - contract earnings, but not less than zero
PP = purchase payments not previously surrendered (total purchase
payments - PPS from all previous surrenders)
PS = amount the contract value is reduced by the surrender
FA = total free amount = greater of contract earnings or 10% of prior
anniversary's contract value
CV = contract value prior to the surrender
When determining the surrender charge, contract earnings are defined as the
contract value, including any positive or negative MVA on amounts being
surrendered, less purchase payments not previously surrendered. We determine
current contract earnings by looking at the entire contract value, not the
earnings of any particular subaccount, GPA, the regular fixed account, the
Special DCA fixed account. If the contract value is less than purchase payments
received and not previously surrendered, then contract earnings are zero.
The examples below show how the surrender charge for a full and partial
surrender is calculated. Each example illustrates the amount of the surrender
charge for both a contract that experiences gains and a contract that
experiences losses, given the same set of assumptions.
FULL SURRENDER CHARGE CALCULATION -- TEN-YEAR SURRENDER CHARGE SCHEDULE:
This is an example of how we calculate the surrender charge on a contract with a
ten-year (from the date of EACH purchase payment) surrender charge schedule and
the following history:
ASSUMPTIONS:
We receive a single $50,000 purchase payment;
During the fourth contract year you surrender the contract for its total
value. The surrender charge percentage in the fourth year after a purchase
payment is 7.0%; and
You have made no prior surrenders.
WE WILL LOOK AT TWO SITUATIONS, ONE WHERE THE CONTRACT HAS A GAIN AND ANOTHER
WHERE THERE IS A LOSS:
CONTRACT CONTRACT
WITH GAIN WITH LOSS
------------ ------------
Contract value just prior to surrender: $ 60,000.00 $ 40,000.00
Contract value on prior anniversary: 58,000.00 42,000.00
WE CALCULATE THE SURRENDER CHARGE AS FOLLOWS:
STEP 1. First, we determine the amount of earnings available in the contract at
the time of surrender as:
Contract value just prior to surrender (CV): 60,000.00 40,000.00
Less purchase payments received and not previously surrendered (PP): 50.000.00 50.000.00
------------ ------------
Earnings in the contract (but not less than zero): 10,000.00 0.00
STEP 2. Next, we determine the total free amount (FA) available in the contract
as the greatest of the following values:
Earnings in the contract: 10,000.00 0.00
10% of the prior anniversary's contract value: 5,800.00 4,200.00
------------ ------------
FA (but not less than zero): 10,000.00 4,200.00
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STEP 3. Next we determine PPF, the amount by which the total free amount (FA)
exceeds earnings.
Total free amount (FA): 10,000.00 4,200.00
Less earnings in the contract: 10,000.00 0.00
------------ ------------
PPF (but not less than zero): 0.00 4,200.00
STEP 4. Next we determine PS, the amount by which the contract value is reduced
by the surrender.
STEP 5. Now we can determine how much of the PP is being surrendered (PPS) as
follows:
PPS = PPF + PPSC
= PPF+ (PS-FA) /(CV-FA) * (PP-PPF)
PPF from Step 3 = 0.00 4,200.00
PS from Step 4 = 60,000.00 40,000.00
CV from Step 1 = 60,000.00 40,000.00
FA from Step 2 = 10,000.00 4,200.00
PP from Step 1 = 50,000.00 50,000.00
------------ ------------
PPS = 50,000.00 50,000.00
STEP 6. We then calculate the surrender charge as a percentage of PPS. Note that
for a contract with a loss, PPS may be greater than the amount you
request to surrender:
PPS: 50,000.00 50,000.00
less PPF: 0.00 4,200.00
------------ ------------
PPSC = amount of PPS subject to a surrender charge: 50,000.00 45,800.00
multiplied by the surrender charge rate: x 7.0% x 7.0%
------------ ------------
surrender charge: 3,500.00 3,206.00
STEP 7. The dollar amount you will receive as a result of your full surrender is
determined as:
Contract value surrendered: 60,000.00 40,000.00
SURRENDER CHARGE: (3,500.00) (3,206.00)
Contract charge (assessed upon full surrender): (30.00) (30.00)
------------ ------------
NET FULL SURRENDER PROCEEDS: $ 56,470.00 $ 36,764.00
PARTIAL SURRENDER CHARGE CALCULATION -- TEN-YEAR SURRENDER CHARGE SCHEDULE:
This is an example of how we calculate the surrender charge on a contract with a
ten-year (from the date of EACH purchase payment) surrender charge schedule and
the following history:
ASSUMPTIONS:
We receive a single $50,000 purchase payment;
During the fourth contract year you request a net partial surrender of
$15,000.00. The surrender charge percentage in the fourth year after a
purchase payment is 7.0%; and
You have made no prior surrenders.
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WE WILL LOOK AT TWO SITUATIONS, ONE WHERE THE CONTRACT HAS A GAIN AND ANOTHER
WHERE THERE IS A LOSS:
CONTRACT CONTRACT
WITH GAIN WITH LOSS
------------ ------------
Contract value just prior to surrender: $ 60,000.00 $ 40,000.00
Contract value on prior anniversary: 58,000.00 42,000.00
We determine the amount of contract value that must be surrendered in order for
the net partial surrender proceeds to match the amount requested. We start with
an estimate of the amount of contract value to surrender and calculate the
resulting surrender charge and net partial surrender proceeds as illustrated
below. We then adjust our estimate and repeat until we determine the amount of
contract value to surrender that generates the desired net partial surrender
proceeds.
WE CALCULATE THE SURRENDER CHARGE FOR EACH ESTIMATE AS FOLLOWS:
STEP 1. First, we determine the amount of earnings available in the contract at
the time of surrender as:
Contract value just prior to surrender (CV): 60,000.00 40,000.00
Less purchase payments received and not previously surrendered (PP): 50,000.00 50,000.00
------------ ------------
Earnings in the contract (but not less than zero): 10,000.00 0.00
STEP 2. Next, we determine the total free amount (FA) available in the contract
as the greatest of the following values:
Earnings in the contract: 10,000.00 0.00
10% of the prior anniversary's contract value: 5,800.00 4,200.00
------------ ------------
FA (but not less than zero): 10,000.00 4,200.00
STEP 3. Next we determine PPF, the amount by which the total free amount (FA)
exceeds earnings
Total free amount (FA): 10,000.00 4,200.00
Less earnings in the contract: 10,000.00 0.00
------------ ------------
PPF (but not less than zero): 0.00 4,200.00
STEP 4. Next we determine PS, the amount by which the contract value is reduced
by the surrender
PS (determined by iterative process described above): 15,376.34 16,062.31
STEP 5. Now we can determine how much of the PP is being surrendered (PPS) as
follows:
PPS = PPF + PPSC
= PPF + (PS-FA) /(CV-FA) * (PP -PPF)
PPF from Step 3 = 0.00 4,200.00
PS from Step 4 = 15,376.34 16,062.31
CV from Step 1 = 60,000.00 40,000.00
FA from Step 2 = 10,000.00 4,200.00
PP from Step 1 = 50,000.00 50,000.00
------------ ------------
PPS = 5,376.34 19,375.80
STEP 6. We then calculate the surrender charge as a percentage of PPS. Note that
for a contract with a loss, PPS may be greater than the amount you
request to surrender:
PPS: 5,376.34 19,375.80
less PPF: 0.00 4,200.00
------------ ------------
PPSC = amount of PPS subject to a surrender charge: 5,376.34 15,175.80
multiplied by the surrender charge rate: x 7.0% x 7.0%
------------ ------------
surrender charge: 376.34 1,062.31
STEP 7. The dollar amount you will receive as a result of your partial surrender
is determined as:
Contract value surrendered: 15,376.34 16,062.31
SURRENDER CHARGE: (376.34) (1,062.31)
------------ ------------
NET PARTIAL SURRENDER PROCEEDS: $ 15,000.00 $ 15,000.00
89
FULL SURRENDER CHARGE CALCULATION -- FOUR-YEAR SURRENDER CHARGE SCHEDULE:
This is an example of how we calculate the surrender charge on a contract with a
four-year (from the contract issue date) surrender charge schedule and the
following history:
ASSUMPTIONS:
We receive a single $50,000 purchase payment;
During the fourth contract year you surrender the contract for its total
value. The surrender charge percentage in the fourth contract year is
4.0%; and
You have made no prior surrenders.
WE WILL LOOK AT TWO SITUATIONS, ONE WHERE THE CONTRACT HAS A GAIN AND ANOTHER
WHERE THERE IS A LOSS:
CONTRACT CONTRACT
WITH GAIN WITH LOSS
------------ ------------
Contract value just prior to surrender: $ 60,000.00 $ 40,000.00
Contract value on prior anniversary: 58,000.00 42,000.00
WE CALCULATE THE SURRENDER CHARGE AS FOLLOWS:
STEP 1. First, we determine the amount of earnings available in the contract at
the time of surrender as:
Contract value just prior to surrender (CV): 60,000.00 40,000.00
Less purchase payments received and not previously surrendered (PP): 50,000.00 50,000.00
------------ ------------
Earnings in the contract (but not less than zero): 10,000.00 0.00
STEP 2. Next, we determine the total free amount (FA) available in the contract
as the greatest of the following values:
Earnings in the contract: 10,000.00 0.00
10% of the prior anniversary's contract value: 5,800.00 4,200.00
------------ ------------
FA (but not less than zero): 10,000.00 4,200.00
STEP 3. Next we determine PPF, the amount by which the total free amount (FA)
exceeds earnings.
Total free amount (FA): 10,000.00 4,200.00
Less earnings in the contract: 10,000.00 0.00
------------ ------------
PPF (but not less than zero): 0.00 4,200.00
STEP 4. Next we determine PS, the amount by which the contract value is reduced
by the surrender.
STEP 5. Now we can determine how much of the PP is being surrendered (PPS) as
follows:
PPS = PPF + PPSC
= PPF + (PS - FA) /(CV - FA) * (PP - PPF)
PPF from Step 3 = 0.00 4,200.00
PS from Step 4 = 60,000.00 40,000.00
CV from Step 1 = 60,000.00 40,000.00
FA from Step 2 = 10,000.00 4,200.00
PP from Step 1 = 50,000.00 50,000.00
------------ ------------
PPS = 50,000.00 50,000.00
STEP 6. We then calculate the surrender charge as a percentage of PPS. Note that
for a contract with a loss, PPS may be greater than the amount you
request to surrender:
PPS: 50,000.00 50,000.00
less PPF: 0.00 4,200.00
------------ ------------
PPSC = amount of PPS subject to a surrender charge: 50,000.00 45,800.00
multiplied by the surrender charge rate: x 4.0% x 4.0%
------------ ------------
surrender charge: 2,000.00 1,832.00
STEP 7. The dollar amount you will receive as a result of your full surrender
is determined as:
Contract value surrendered: 60,000.00 40,000.00
SURRENDER CHARGE: (2,000.00) (1,832.00)
Contract charge (assessed upon full surrender): (30.00) (30.00)
------------ ------------
NET FULL SURRENDER PROCEEDS: $ 57,970.00 $ 38,138.00
90
PARTIAL SURRENDER CHARGE CALCULATION -- FOUR-YEAR SURRENDER CHARGE SCHEDULE:
This is an example of how we calculate the surrender charge on a contract with a
four-year (from the contract issue date) surrender charge schedule and the
following history:
ASSUMPTIONS:
We receive a single $50,000 purchase payment;
During the fourth contract year you request a net partial surrender of
$15,000.00. The surrender charge percentage in the fourth contract year is
4.0%; and
You have made no prior surrenders.
WE WILL LOOK AT TWO SITUATIONS, ONE WHERE THE CONTRACT HAS A GAIN AND ANOTHER
WHERE THERE IS A LOSS:
CONTRACT CONTRACT
WITH GAIN WITH LOSS
------------ ------------
Contract value just prior to surrender: $ 60,000.00 $ 40,000.00
Contract value on prior anniversary: 58,000.00 42,000.00
We determine the amount of contract value that must be surrendered in order for
the net partial surrender proceeds to match the amount requested. We start with
an estimate of the amount of contract value to surrender and calculate the
resulting surrender charge and net partial surrender proceeds as illustrated
below. We then adjust our estimate and repeat until we determine the amount of
contract value to surrender that generates the desired net partial surrender
proceeds.
WE CALCULATE THE SURRENDER CHARGE FOR EACH ESTIMATE AS FOLLOWS:
STEP 1. First, we determine the amount of earnings available in the
contract at the time of surrender as:
Contract value just prior to surrender (CV): 60,000.00 40,000.00
Less purchase payments received and not previously surrendered (PP): 50,000.00 50,000.00
------------ ------------
Earnings in the contract (but not less than zero): 10,000.00 0.00
STEP 2. Next, we determine the total free amount (FA) available in the contract
as the greatest of the following values:
Earnings in the contract: 10,000.00 0.00
10% of the prior anniversary's contract value: 5,800.00 4,200.00
------------ ------------
FA (but not less than zero): 10,000.00 4,200.00
STEP 3. Next we determine PPF, the amount by which the total free amount (FA)
exceeds earnings
Total free amount (FA): 10,000.00 4,200.00
Less earnings in the contract: 10,000.00 0.00
------------ ------------
PPF (but not less than zero): 0.00 4,200.00
STEP 4. Next we determine PS, the amount by which the contract value is
reduced by the surrender
PS (determined by iterative process described above): 15,208.33 15,582.48
STEP 5. Now we can determine how much of the PP is being surrendered (PPS)
as follows:
PPS = PPF + PPSC
= PPF + (PS - FA) / (CV - FA) * (PP - PPF)
PPF from Step 3 = 0.00 4,200.00
PS from Step 4 = 15,208.33 15,582.48
CV from Step 1 = 60,000.00 40,000.00
FA from Step 2 = 10,000.00 4,200.00
PP from Step 1 = 50,000.00 50,000.00
------------ ------------
PPS = 5,208.33 18,761.94
91
STEP 6. We then calculate the surrender charge as a percentage of PPS.
Note that for a contract with a loss, PPS may be greater than the
amount you request to surrender:
PPS: 5,208.33 18,761.94
less PPF: 0.00 4,200.00
------------ ------------
PPSC = amount of PPS subject to a surrender charge: 5,208.33 14,561.94
multiplied by the surrender charge rate: x 4.0% x 4.0%
------------ ------------
surrender charge: 208.33 582.48
STEP 7. The dollar amount you will receive as a result of your partial
surrender is determined as:
Contract value surrendered: 15,208.33 15,582.48
SURRENDER CHARGE: (208.33) (582.48)
------------ ------------
NET PARTIAL SURRENDER PROCEEDS: $ 15,000.00 $ 15,000.00
92
APPENDIX D: EXAMPLE -- OPTIONAL DEATH BENEFITS
THE PURPOSE OF THIS APPENDIX IS TO ILLUSTRATE THE OPERATION OF VARIOUS OPTIONAL
DEATH BENEFIT RIDERS.
IN ORDER TO DEMONSTRATE THESE CONTRACT RIDERS, AN EXAMPLE MAY SHOW HYPOTHETICAL
CONTRACT VALUES. THESE CONTRACT VALUES DO NOT REPRESENT PAST OR FUTURE
PERFORMANCE. ACTUAL CONTRACT VALUES MAY BE MORE OR LESS THAN THOSE SHOWN AND
WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING BUT NOT LIMITED TO THE INVESTMENT
EXPERIENCE OF THE SUBACCOUNTS, GPAS, SPECIAL DCA FIXED ACCOUNT, REGULAR FIXED
ACCOUNT AND THE FEES AND CHARGES THAT APPLY TO YOUR CONTRACT.
THE EXAMPLES OF THE OPTIONAL DEATH BENEFITS IN APPENDIX INCLUDE PARTIAL
SURRENDERS TO ILLUSTRATE THE EFFECT OF PARTIAL SURRENDERS ON THE PARTICULAR
BENEFIT. THESE EXAMPLES ARE INTENDED TO SHOW HOW THE OPTIONAL DEATH BENEFITS
OPERATE, AND DO NOT TAKE INTO ACCOUNT WHETHER A PARTICULAR OPTIONAL DEATH
BENEFIT IS PART OF A QUALIFIED ANNUITY. QUALIFIED ANNUITIES ARE SUBJECT TO RMDS
AT CERTAIN AGES (SEE "TAXES -- QUALIFIED ANNUITIES -- REQUIRED MINIMUM
DISTRIBUTIONS") WHICH MAY REQUIRE YOU TO TAKE PARTIAL SURRENDERS FROM THE
CONTRACT. IF YOU ARE CONSIDERING THE ADDITION OF CERTAIN DEATH BENEFITS TO A
QUALIFIED ANNUITY, YOU SHOULD CONSULT YOUR TAX ADVISOR PRIOR TO MAKING A
PURCHASE FOR AN EXPLANATION OF THE POTENTIAL TAX IMPLICATION TO YOU.
EXAMPLE -- ROPP DEATH BENEFIT
ASSUMPTIONS:
You purchase the contract with a payment of $20,000; and
on the first contract anniversary you make an additional purchase payment
of $5,000; and
During the second contract year the contract value falls to $22,000 and you
take a $1,500 (including surrender charge) partial surrender; and
During the third contract year the contract value grows to $23,000.
WE CALCULATE THE ROPP DEATH BENEFIT AS FOLLOWS:
Contract value at death: $ 23,000.00
---------------
Purchase payments minus adjusted partial surrenders:
Total purchase payments: $ 25,000.00
minus adjusted partial surrenders, calculated as:
$1,500 x $25,000 = -1,704.54
---------------- ---------------
$22,000
for a death benefit of: $ 23,295.45
===============
THE ROPP DEATH BENEFIT, CALCULATED AS THE GREATEST OF THESE TWO VALUES: $ 23,295.45
EXAMPLE -- MAV DEATH BENEFIT
ASSUMPTIONS:
You purchase the contract with a payment of $25,000.
On the first contract anniversary the contract value grows to $26,000.
During the second contract year the contract value falls to $22,000, at
which point you take a $1,500 partial surrender (including surrender
charge), leaving a contract value of $20,500.
WE CALCULATE THE MAV DEATH BENEFIT, WHICH IS BASED ON THE GREATER OF THREE
VALUES, AS FOLLOWS:
1. CONTRACT VALUE AT DEATH: $ 20,500.00
---------------
2. PURCHASE PAYMENTS MINUS ADJUSTED PARTIAL SURRENDERS:
Total purchase payments: $ 25,000.00
minus adjusted partial surrenders, calculated as:
93
$1,500 x $25,000 = -1,704.55
---------------- ---------------
$22,000
for a death benefit of: $ 23,295.45
===============
3. THE MAV IMMEDIATELY PRECEDING THE DATE OF DEATH:
Greatest of your contract anniversary values: $ 26,000.00
plus purchase payments made since the prior anniversary: +0.00
minus adjusted partial surrenders, calculated as:
$1,500 x $26,000 = -1,772.73
---------------- ---------------
$22,000
for a death benefit of: $ 24,227.27
===============
THE MAV DEATH BENEFIT, CALCULATED AS THE GREATEST OF THESE THREE VALUES,
WHICH IS THE MAV: $ 24,227.27
EXAMPLE -- 5-YEAR MAV DEATH BENEFIT
ASSUMPTIONS:
You purchase the contract with a payment of $25,000.
On the fifth contract anniversary the contract value grows to $26,000.
During the sixth contract year the contract value falls to $22,000, at
which point you take a $1,500 partial surrender (including surrender
charge), leaving a contract value at $20,500.
WE CALCULATE THE 5-YEAR MAV DEATH BENEFIT, WHICH IS BASED ON THE GREATER OF
THREE VALUES, AS FOLLOWS:
1. CONTRACT VALUE AT DEATH: $ 20,500.00
---------------
2. PURCHASE PAYMENTS MINUS ADJUSTED PARTIAL SURRENDERS:
Total purchase payments: $ 25,000.00
minus adjusted partial surrenders, calculated as:
$1,500 x $25,000 = -1,704.55
---------------- ---------------
$22,000
for a death benefit of: $ 23,295.45
===============
3. THE 5-YEAR MAV IMMEDIATELY PRECEDING THE DATE OF DEATH:
Greatest of your contract anniversary values: $ 26,000.00
plus purchase payments made since the prior anniversary: +0.00
minus adjusted partial surrenders, calculated as:
$1,500 x $26,000 = -1,772.73
---------------- ---------------
$22,000
for a death benefit of: $ 24,227.27
===============
THE 5-YEAR MAV DEATH BENEFIT, CALCULATED AS THE GREATEST OF THESE
THREE VALUES, WHICH IS THE 5-YEAR MAV: $ 24,227.27
EXAMPLE -- ENHANCED DEATH BENEFIT
ASSUMPTIONS:
You purchase the contract with a payment of $25,000 with $5,000 allocated
to the regular fixed account and $20,000 allocated to the subaccounts; and
on the first contract anniversary the regular fixed account value is $5,200
and the subaccount value is $17,000. Total contract value is $23,200; and
During the second contract year the regular fixed account value is $5,300
and the subaccount value is $19,000. Total contract value is $24,300. You
take a $1,500 (including surrender charge) partial surrender all from the
subaccounts, leaving the contract value at $22,800.
94
THE DEATH BENEFIT, WHICH IS BASED ON THE GREATEST OF FOUR VALUES, IS
CALCULATED AS FOLLOWS:
1. CONTRACT VALUE AT DEATH: $ 22,800.00
---------------
2. PURCHASE PAYMENTS MINUS ADJUSTED PARTIAL SURRENDERS:
Total purchase payments: $ 25,000.00
minus adjusted partial surrenders, calculated as:
$1,500 x $25,000 = -1,543.21
---------------- ---------------
$24,300
for a death benefit of: $ 23,456.79
===============
3. THE MAV ON THE ANNIVERSARY IMMEDIATELY PRECEDING THE DATE OF DEATH:
The MAV on the immediately preceding anniversary: $ 25,000.00
plus purchase payments made since that anniversary: +0.00
minus adjusted partial surrenders made since that anniversary, calculated as:
$1,500 x $25,000 = -1,543.21
---------------
$24,300
for a MAV Death Benefit of: $ 23,456.79
===============
4. THE 5% ACCUMULATION DEATH BENEFIT FLOOR:
The variable account floor on the first contract anniversary calculated as: 1.05 x $20,000 = $ 21,000.00
plus amounts allocated to the subaccounts since that anniversary: +0.00
minus the 5% accumulation death benefit floor adjusted partial surrender from the subaccounts, calculated as:
$1,500 x $21,000 = -1,657.89
---------------
$19,000
variable account floor benefit: $ 19,342.11
plus the regular fixed account value: +5,300.00
---------------
5% accumulation death benefit floor (value of the regular fixed account and the variable account floor): $ 24,642.11
===============
ENHANCED DEATH BENEFIT, CALCULATED AS THE GREATEST OF THESE FOUR VALUES, WHICH IS THE 5% ACCUMULATION
DEATH BENEFIT FLOOR: $ 24,642.11
EXAMPLE -- 5% ACCUMULATION DEATH BENEFIT
ASSUMPTIONS:
You purchase the contract with a payment of $25,000 with $5,000 allocated
to the regular fixed account and $20,000 allocated to the subaccounts; and
on the first contract anniversary the regular fixed account value is
$5,200 and the subaccount value is $17,000. Total contract value is
$23,200; and
During the second contract year the regular fixed account value is $5,300
and the subaccount value is $19,000. Total contract value is $24,300. You
take a $1,500 (including surrender charge) partial surrender all from the
subaccounts, leaving the contract value at $22,800.
THE DEATH BENEFIT, WHICH IS BASED ON THE GREATEST OF THREE VALUES, IS
CALCULATED AS FOLLOWS:
1. CONTRACT VALUE AT DEATH: $ 22,800.00
--------------
2. PURCHASE PAYMENTS MINUS ADJUSTED PARTIAL SURRENDERS:
Total purchase payments: $ 25,000.00
minus adjusted partial surrenders, calculated as:
$1,500 x $25,000 = --1,543.21
---------------- --------------
$24,300
for a death benefit of: $ 23,456.79
==============
3. THE 5% ACCUMULATION DEATH BENEFIT FLOOR:
The variable account floor on the first contract anniversary, calculated as: 1.05 x $20,000 = $ 21,000.00
plus amounts allocated to the subaccounts since that anniversary: +0.00
minus the 5% accumulation death benefit floor adjusted partial surrender from the subaccounts, calculated as:
$1,500 x $21,000 = -1,657.89
---------------- --------------
$19,000
variable account floor benefit: $ 19,342.11
plus the regular fixed account account value: +5,300.00
--------------
5% accumulation death benefit floor (value of the regular fixed account and the variable account floor): $ 24,642.11
==============
THE 5% ACCUMULATION DEATH BENEFIT, CALCULATED AS THE GREATEST OF THESE THREE VALUES, WHICH IS THE 5% ACCUMULATION
DEATH BENEFIT FLOOR: $ 24,642.11
95
EXAMPLE -- BENEFIT PROTECTOR
ASSUMPTIONS:
You purchase the contract with a payment of $100,000 and you are under age
70. You select the seven-year surrender charge schedule, the MAV and the
Benefit Protector.
During the first contract year the contract value grows to $105,000. The
death benefit equals the standard death benefit, which is the contract
value, or $104,000. You have not reached the first contract anniversary so
the Benefit Protector does not provide any additional benefit at this
time.
On the first contract anniversary the contract value grows to $110,000.
The death benefit equals:
MAV death benefit amount (contract value): $ 110,000
plus the Benefit Protector which equals 40% of earnings at death (MAV death benefit amount minus remaining
purchase payments):
0.40 x ($110,000 - $100,000) = +4,000
-----------
Total death benefit of: $ 114,000
===========
On the second contract anniversary the contract value falls to $105,000.
The death benefit equals:
MAV death benefit amount (maximum anniversary value): $ 110,000
plus the Benefit Protector (40% of earnings at death):
0.40 x ($110,000 - $100,000) = +4,000
-----------
Total death benefit of: $ 114,000
===========
During the third contract year the contract value remains at $105,000 and
you request a partial surrender, including the applicable 7% surrender
charge, of $50,000. We will surrender $10,500 from your contract value
free of charge (10% of your prior anniversary's contract value). The
remainder of the surrender is subject to a 7% surrender charge because
your purchase payment is two years old, so we will surrender $39,500
($36,735 + $2,765 in surrender charges) from your contract value.
Altogether, we will surrender $50,000 and pay you $48,025. We calculate
remaining purchase payments as $100,000 - $45,000 = $55,000 (remember that
$5,000 of the partial surrender is contract earnings). The death benefit
equals:
MAV death benefit amount (maximum anniversary value adjusted for partial
surrenders):
$110,000 - ($50,000 x $110,000) = $ 57,619
--------------------
$105,000
plus the Benefit Protector (40% of earnings at death):
0.40 x ($57,619 - $55,000) = +1,048
----------
Total death benefit of: $ 58,667
==========
On the third contract anniversary the contract value falls by $40,000. The
death benefit remains at $58,667. The reduction in contract value has no
effect.
On the ninth contract anniversary the contract value grows to a new high
of $200,000. Earnings at death reaches its maximum of 250% of remaining
purchase payments that are one or more years old. The death benefit
equals:
MAV death benefit amount (contract value): $ 200,000
plus the Benefit Protector (40% of earnings at death)
0.40 x 2.50 x ($55,000) = +55,000
-----------
Total death benefit of: $ 255,000
===========
During the tenth contract year you make an additional purchase payment of
$50,000 and your contract value grows to $250,500. The new purchase
payment is less than one year old and so it has no effect on the EEB. The
death benefit equals:
MAV death benefit amount (contract value): $ 250,000
plus the Benefit Protector (40% of earnings at death)
0.40 x 2.50 x ($55,000) = +55,000
-----------
Total death benefit of: $ 305,000
===========
96
During the eleventh contract year the contract value remains $250,500 and
the "new" purchase payment is now one year old. The value of the Benefit
Protector changes. The death benefit equals:
MAV death benefit amount (contract value): $ 250,500
plus the Benefit Protector which equals 40% of earnings at death (the standard death benefit amount minus
remaining purchase payments):
0.40 x ($250,500 - $105,000) = +58,200
-----------
Total death benefit of: $ 308,700
===========
EXAMPLE -- BENEFIT PROTECTOR PLUS
ASSUMPTIONS:
You purchase the contract with an exchange purchase payment of $100,000
and you are under age 70. You select the seven-year surrender charge
schedule, the MAV and the Benefit Protector Plus.
During the first contract year the contract value grows to $105,000. The
death benefit on equals the standard death benefit amount, which is the
contract value, or $104,000. You have not reached the first contract
anniversary so neither the Benefit Protector Plus Part I nor Part II
provides any additional benefit at this time.
On the first contract anniversary the contract value grows to $110,000.
You have not reached the second contract anniversary so the Benefit
Protector Plus Part II does not provide any additional benefit at this
time. The death benefit equals:
MAV death benefit amount (contract value): $ 110,000
plus the Benefit Protector Plus Part I which equals 40% of earnings at death (the MAV death benefit amount
minus remaining purchase payments):
0.40 x ($110,000 - $100,000) = +4,000
-----------
Total death benefit of: $ 114,000
===========
On the second contract anniversary the contract value falls to $105,000.
The death benefit equals:
MAV death benefit amount (maximum anniversary value): $ 110,000
plus the Benefit Protector Plus Part I (40% of earnings at death):
0.40 x ($110,000 - $100,000) = +4,000
plus the Benefit Protector Plus Part II which in the third contract year equals 10% of exchange purchase
payments identified at issue and not previously surrendered: 0.10 x $100,000 = +10,000
-----------
Total death benefit of: $ 124,000
===========
During the third contract year the contract value remains at $105,000 and
you request a partial surrender, including the applicable 7% surrender
charge, of $50,000. We will surrender $10,500 from your contract value
free of charge (10% of your prior anniversary's contract value). The
remainder of the surrender is subject to a 7% surrender charge because
your purchase payment is two years old, so we will surrender $39,500
($36,735 + $2,765 in surrender charges) from your contract value.
Altogether, we will surrender $50,000 and pay you $47,235. We calculate
remaining purchase payments as $100,000 - $45,000 = $55,000 (remember that
$5,000 of the partial surrender is contract earnings). The death benefit
equals:
MAV death benefit amount (maximum anniversary value adjusted for partial
surrenders):
$110,000 - ($50,000 x $110,000) = $ 57,619
--------------------
$105,000
plus the Benefit Protector Plus Part I (40% of earnings at death):
0.40 x ($57,619 - $55,000) = +1,048
plus the Benefit Protector Plus Part II which in the third
contract year equals 10% of exchange purchase payments identified at
issue and not previously surrendered:
0.10 x $55,000 = +5,500
-----------
Total death benefit of: $ 64,167
===========
97
On the third contract anniversary the contract value falls by $40,000. The
death benefit remains at $64,167. The reduction in contract value has no
effect.
On the ninth contract anniversary the contract value grows to a new high
of $200,000. Earnings at death reaches its maximum of 250% of remaining
purchase payments that are one or more years old. Because we are beyond
the fourth contract anniversary the Benefit Protector Plus also reaches
its maximum of 20%. The death benefit equals:
MAV death benefit amount (contract value): $ 200,000
plus the Benefit Protector Plus Part I (40% of earnings at death)
.40 x (2.50 x $55,000) = +55,000
plus the Benefit Protector Plus Part II which after the fourth contract
year equals 20% of exchange purchase payments identified at issue and
not previously surrendered:
0.20 x $55,000 = +11,000
-----------
Total death benefit of: $ 266,000
===========
During the tenth contract year you make an additional purchase payment of
$50,000 and your contract value grows to $250,500. The new purchase
payment is less than one year old and so it has no effect on either the
Benefit Protector Plus Part I or Benefit Protector PlusPart II. The death
benefit equals:
MAV death benefit amount (contract value): $ 250,000
plus the Benefit Protector Plus Part I (40% of earnings at death)
.40 x (2.50 x $55,000) = +55,000
plus the Benefit Protector Plus Part II, which after the fourth contract year equals 20% of exchange purchase
payments identified at issue and not previously surrendered:
0.20 x $55,000 = +11,000
-----------
Total death benefit of: $ 316,000
===========
During the eleventh contract year the contract value remains $250,500 and
the "new" purchase payment is now one year old. The value of the Benefit
Protector PlusPart I changes but the value of the Benefit Protector Plus
Part II remains constant. The death benefit equals:
MAV death benefit amount (contract value): $ 250,500
plus the Benefit Protector PlusPart I which equals 40% of earnings at death (the MAV death benefit minus
remaining purchase payments):
0.40 x ($250,500 - $105,000) = +58,200
plus the Benefit Protector Plus Part II, which after the fourth contract year equals 20% of exchange purchase
payments identified at issue and not previously surrendered:
0.20 x $55,000 = +11,000
-----------
Total death benefit of: $ 319,700
===========
98
APPENDIX E: EXAMPLE -- OPTIONAL LIVING BENEFITS
THE PURPOSE OF THIS APPENDIX IS TO ILLUSTRATE THE OPERATION OF VARIOUS OPTIONAL
LIVING BENEFIT RIDERS.
IN ORDER TO DEMONSTRATE THESE CONTRACT RIDERS, AN EXAMPLE MAY SHOW HYPOTHETICAL
CONTRACT VALUES. THESE CONTRACT VALUES DO NOT REPRESENT PAST OR FUTURE
PERFORMANCE. ACTUAL CONTRACT VALUES MAY BE MORE OR LESS THAN THOSE SHOWN AND
WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING BUT NOT LIMITED TO THE INVESTMENT
EXPERIENCE OF THE SUBACCOUNTS, GPAS, SPECIAL DCA FIXED ACCOUNT, REGULAR FIXED
ACCOUNT AND THE FEES AND CHARGES THAT APPLY TO YOUR CONTRACT.
THESE EXAMPLES ARE INTENDED TO SHOW HOW THE OPTIONAL RIDERS OPERATE, AND DO NOT
TAKE INTO ACCOUNT WHETHER A PARTICULAR OPTIONAL RIDER IS PART OF A QUALIFIED
ANNUITY. QUALIFIED ANNUITIES ARE SUBJECT TO RMDS AT CERTAIN AGES (SEE "TAXES --
QUALIFIED ANNUITIES -- REQUIRED MINIMUM DISTRIBUTIONS") WHICH MAY REQUIRE YOU TO
TAKE PARTIAL SURRENDERS FROM THE CONTRACT. IF YOU ARE CONSIDERING THE ADDITION
OF CERTAIN OPTIONAL RIDERS TO A QUALIFIED ANNUITY, YOU SHOULD CONSULT YOUR TAX
ADVISOR PRIOR TO MAKING A PURCHASE FOR AN EXPLANATION OF THE POTENTIAL TAX
IMPLICATION TO YOU.
EXAMPLE -- SECURESOURCE 3 RIDERS
ASSUMPTIONS:
You purchase the contract with the Single Life benefit and a payment of
$100,000 and make no additional payments to the contract.
You are the sole owner and also the annuitant. You are age 61.
Annual Step-ups are applied each anniversary when available, where the
contract value is greater than the PBG and/or the BB. Applied Annual
Step-ups are indicated in BOLD.
CONTRACT ASSUMED BENEFIT LIFETIME
DURATION PURCHASE PARTIAL CONTRACT DETERMINING PAYMENT
IN YEARS PAYMENTS WITHDRAWALS VALUE CB BB WAB PERCENTAGE PBG ALP RALP PERCENTAGE
-------- --------- ----------- -------- ---------- ---------- ------- ----------- ------- ----- ----- ----------
At Issue 100,000 NA 100,000 100,000 100,000 100,000 0.0% 100,000 4,500 4,500 4.50%
1 -- -- 98,000 100,000 106,000 106,000 7.5% 100,000 4,770 4,770 4.50%
2 -- -- 105,000 100,000 112,000 112,000 6.3% 105,000 5,040 5,040 4.50%
3 -- -- 120,000 120,000(1) 120,000 120,000 0.0% 120,000 5,400 5,400 4.50%
3.5 -- 5,400 114,600 120,000 120,000 114,600 0.0% 114,600 5,400 -- 4.50%
4 -- -- 115,000 120,000 120,000(2) 115,000 0.0% 115,000 5,400 5,400 4.50%
5 -- -- 110,000 120,000 127,200 121,900 9.8% 115,000 5,724 5,724 4.50%
6 -- -- 140,000 140,000 140,000 140,000 0.0% 140,000 7,700 7,700 5.50%(3)
7 -- -- 120,000 140,000 148,400 148,400 19.1% 140,000 8,162 8,162 5.50%
7.5 -- 10,000 110,000 137,699 145,961(4) 136,033 19.1% 129,671 8,028 -- 5.50%
8 -- -- 105,000 137,699 145,961 136,033 22.8% 129,671 7,298 7,298 5.00%(5)
9 -- -- 116,000 137,699 154,223 143,733 19.3% 129,671 8,482 8,482 5.50%
(1) Since the contract value was greater than the BB (after it was increased by
the Annual Credit), the CB is increased to the contract value and future
Annual Credits will be based on the new (higher) Credit Base.
(2) Since a withdrawal was taken in the previous contract year, the Annual
Credit is not available on the 4th Anniversary.
(3) Because the annual step-up increased the BB on the anniversary and the
covered person's attained age is in a higher age band, the Lifetime Payment
Percentage increased.
(4) The $10,000 withdrawal is greater than the $8,162 RALP allowed under the
rider and therefore excess withdrawal processing is applied. Values are
reset as described in "Lifetime Benefit Description -- Determination of
Adjustment of Benefit Values".
(5) The Lifetime Payment Percentage does not include the 0.50% Income Bonus
when the Benefit Determining Percentage is 20% or more.
99
EXAMPLE - ACCUMULATION PROTECTOR BENEFIT
The following example shows how the Accumulation Protector Benefit rider works
based on hypothetical values. It is not intended to depict investment
performance of the contract.
THE EXAMPLE ASSUMES:
You purchase the contract (with the Accumulation Protector Benefit rider)
with a payment of $100,000.
You make no additional purchase payments.
You do not exercise the elective step-up option
HYPOTHETICAL
PARTIAL SURRENDER MCAV ADJUSTMENT ACCUMULATION ASSUMED
END OF (BEGINNING OF FOR PARTIAL BENEFIT CONTRACT
CONTRACT YEAR YEAR) SURRENDER MCAV AMOUNT VALUE
1 0 0 100,000 0 110,000
2 0 0 115,200 0 128,000
3 0 0 121.500 0 135,000
4 0 0 121,500 0 118,000
5 0 0 121,500 0 100,000
6 2,000 2,430 119,070 0 122,000
7 0 0 126,000 0 140,000
8 0 0 126,000 0 130.000
9 5,000 4,846 121,154 0 110,000
10 0 0 121,154 16,154 105,000
100
APPENDIX F: ADDITIONAL RMD DISCLOSURE
This appendix describes our current administrative practice for determining the
amount of withdrawals in any contract year which an owner may take under the
SecureSource 3 riders to satisfy the RMD rules under 401(a)(9) of the Code
without application of the excess withdrawal processing described in the rider.
We reserve the right to modify this administrative practice at any time upon 30
days' written notice to you.
For contract holders subject to annual RMD rules under the Section 401(a)(9) of
the Code, amounts you withdraw from this contract to satisfy these rules are not
subject to excess withdrawal processing under the terms of the rider, subject to
the following rules and our current administrative practice:
(1) Each calendar year, if your ALERMDA is greater than the ALP.
- A Lifetime Additional Benefit Amount (LABA) will be set equal to that
portion of your ALERMDA that exceeds the value of ALP.
- The LABA will be reduced by the total of the amount that each
withdrawal in the current calendar year exceeds the RALP at the time
of each withdrawal, but shall not be reduced to less than zero.
- Any withdrawals taken in a contract year will count first against and
reduce the RALP for that contract year.
- Once the RALP for the current contract year has been depleted, any
additional amounts withdrawn will count against and reduce the LABA.
These withdrawals will not be considered excess withdrawals with
regard to the ALP as long as they do not exceed the remaining LABA.
- Once the LABA has been depleted, any additional withdrawal amounts
will be considered excess withdrawals with regard to the ALP and will
subject the ALP to the excess withdrawal processing described by the
SecureSource 3 rider.
The ALERMDA is:
(1) determined by us each calendar year;
(2) based on your initial purchase payment and not the entire interest value in
the calendar year of contract issue and therefore may not be sufficient to
allow you to withdraw your RMD without causing an excess withdrawal;
(3) based on the value of this contract alone on the date it is determined;
(4) based on recalculated life expectancy taken from the Uniform Lifetime Table
under the Code ; and
(5) based on the company's understanding and interpretation of the requirements
for life expectancy distributions intended to satisfy the required minimum
distribution rules under Code Section 401(a)(9) and the Treasury
Regulations promulgated thereunder as applicable on the effective date of
this prospectus, to:
1. IRAs under Section 408(b) of the Code;
2. Roth IRAs under Section 408A of the Code;
3. SIMPLE IRAs under Section 408(p) of the Code;
4. Simplified Employee Pension IRA (SEP) plans under Section 408(k) of
the Code;
5. Custodial and investment only plans under section 401(a) of the Code;
6. TSAs under Section 403(b) of the Code.
In the future, the requirements under tax law for such distributions may change
and the life expectancy amount calculation provided under your rider may not be
sufficient to satisfy the requirements under the tax law for these types of
distributions. In such a situation, amounts withdrawn to satisfy such
distribution requirements will exceed your available RALP amount and may result
in the reduction of your guaranteed values as described under the excess
withdrawal provision of the rider.
In cases where the Code does not allow the life expectancy of a natural person
to be used to calculate the required minimum distribution amount (e.g., some
ownerships by trusts and charities), we will calculate the life expectancy RMD
amount as zero in all years.
Please consult your tax advisor about the impact of these rules prior to
purchasing SecureSource 3 riders.
101
APPENDIX G: CONDENSED FINANCIAL INFORMATION (UNAUDITED)
The following tables give per-unit information about the financial history of
each subaccount representing the lowest and highest total annual variable
account expense combinations for each contract. The date in which operations
commenced in each subaccount is noted in parentheses. The SAI contains tables
that give per-unit information about the financial history of each existing
subaccount. We have not provided this information for subaccounts that were not
available under your contract as of Dec. 31, 2012. You may obtain a copy of the
SAI without charge by contacting us at the telephone number or address listed on
the first page of the prospectus.
To be filed by Amendment
102
TABLE OF CONTENTS OF THE STATEMENT OF ADDITIONAL INFORMATION
Calculating Annuity Payouts................................................... p.
Rating Agencies............................................................... p.
Revenues Received During Calendar Year 2012................................... p.
Principal Underwriter......................................................... p.
Independent Registered Public Accounting Firm................................. p.
Condensed Financial Information (Unaudited)................................... p.
Financial Statements
103
PART B.
STATEMENT OF ADDITIONAL INFORMATION
FOR
RIVERSOURCE@ RAVA 5 ADVANTAGE(R) VARIABLE ANNUITY
(Offered for contract applications signed on or after April 29, 2013)
RIVERSOURCE@ RAVA 5 SELECT@ VARIABLE ANNUITY
(Offered for contract applications signed on or after April 29, 2013)
RIVERSOURCE@ RAVA 5 ACCESS@ VARIABLE ANNUITY
(Offered for contract applications signed on or after April 29, 2013)
RIVERSOURCE VARIABLE ACCOUNT 10
(previously IDS Life Variable Account 10)
APRIL 29, 2013
RiverSource Variable Account 10 is a separate account of RiverSource Life
Insurance Company (RiverSource Life). This Statement of Additional Information
(SAI) is not a prospectus. It should be read together with the prospectus dated
the same date as this SAI, which may be obtained from your sales representative,
or by writing or calling us at the address and telephone number below.
This SAI contains financial information for all the subaccounts of RiverSource
Variable Account 10. Not all subaccounts of RiverSource Variable Account 10
apply to your specific contract.
RiverSource Life Insurance Company
70100 Ameriprise Financial Center
Minneapolis, MN 55474
1-800-862-7919
1
TABLE OF CONTENTS
Calculating Annuity Payouts ........................................... p.
Rating Agencies ....................................................... p.
Revenues Received During Calendar Year 2011 ........................... p.
Principal Underwriter ................................................. p.
Independent Registered Public Accounting Firms ........................ p.
Financial Statements
2
CALCULATING ANNUITY PAYOUTS
THE VARIABLE ACCOUNT
We do the following calculations separately for each of the subaccounts of the
variable account. The separate monthly payouts, added together, make up your
total variable annuity payout.
INITIAL PAYOUT: To compute your first monthly payout, we:
determine the dollar value of your contract on the valuation date and
deduct any applicable premium tax; then
apply the result to the annuity table contained in the contract or another
table at least as favorable.
The annuity table shows the amount of the first monthly payout for each $1,000
of value which depends on factors built into the table, as described below.
ANNUITY UNITS: We then convert the value of your subaccount to annuity units. To
compute the number of units credited to you, we divide the first monthly payout
by the annuity unit value (see below) on the valuation date. The number of units
in your subaccount is fixed. The value of the units fluctuates with the
performance of the underlying fund.
SUBSEQUENT PAYOUTS: To compute later payouts, we multiply:
the annuity unit value on the valuation date; by
the fixed number of annuity units credited to you.
ANNUITY UNIT VALUES: We originally set this value at $1 for each subaccount. To
calculate later values we multiply the last annuity value by the product of:
the net investment factor; and
the neutralizing factor.
The purpose of the neutralizing factor is to offset the effect of the assumed
rate built into the annuity table. With an assumed investment rate of 5%, the
neutralizing factor is 0.999866 for a one day valuation period.
NET INVESTMENT FACTOR: We determine the net investment factor by:
- adding the fund's current net asset value per share plus the per share
amount of any accrued income or capital gain dividends to obtain a
current adjusted net asset value per share; then
dividing that sum by the previous adjusted net asset value per share; and
subtracting the percentage factor representing the mortality and expense
risk fee from the result. Because the net asset value of the fund may
fluctuate, the net investment factor may be greater or less than one, and
the annuity unit value may increase or decrease. You bear this investment
risk in a subaccount.
THE FIXED ACCOUNT
We guarantee your fixed annuity payout amounts. Once calculated, your payout
will remain the same and never change. To calculate your annuity payouts we:
- take the value of your fixed account at the retirement/settlement date
or the date you selected to begin receiving your annuity payouts; then
using an annuity table, we apply the value according to the annuity payout
plan you select.
The annuity payout table we use will be the one in effect at the time you choose
to begin your annuity payouts. The values in the table will be equal to or
greater than the table in your contract.
3
RATING AGENCIES
We receive ratings from independent rating agencies. These agencies evaluate the
financial soundness and claims-paying ability of insurance companies based on a
number of different factors. The ratings reflect each agency's estimation of our
ability to meet our contractual obligations such as making annuity payouts and
paying death benefits and other distributions. As such, the ratings relate to
our fixed account and not to the subaccounts. This information generally does
not relate to the management or performance of the subaccounts.
For detailed information on the agency ratings given to RiverSource Life, see
"Debt & Ratings Information" under "Investors Relations" on our website at
ameriprise.com or contact your sales representative. You also may view our
current ratings by visiting the agency websites directly at:
A.M. Best www.ambest.com
Fitch www.fitchratings.com
Moody's www.moodys.com/insurance
Standard & Poor's www.standardandpoors.com
A.M. Best -- Rates insurance companies for their financial strength.
Fitch --Rates insurance companies for their claims-paying ability.
Moody's -- Rates insurance companies for their financial strength.
Standard & Poor's -- Rates insurance companies for their financial strength.
REVENUES RECEIVED DURING CALENDAR YEAR 2012
The following table shows the funds ranked according to highest to lowest total
dollar amounts the funds and their affiliates paid to RiverSource Life Insurance
Company and its affiliates in 2012. Some of these funds may not be available
under your contract or policy. Please see your contract or policy prospectus
regarding the investment options available to you.
[To be filed by Amendment]
4
PRINCIPAL UNDERWRITER
RiverSource Distributors, Inc. (RiverSource Distributors) serves as principal
underwriter for the contracts, which are offered on a continuous basis. Its
offices are located at 70100 Ameriprise Financial Center, Minneapolis, MN 55474.
RiverSource Distributors is registered with the Securities and Exchange
Commission under the Securities Act of 1934 as a broker dealer and is a member
of the Financial Industry Regulatory Authority (FINRA). RiverSource Distributors
is not required to sell any specific number or dollar amount of securities, but
will use its best efforts to sell the securities offered. The contracts are
offered to the public through certain securities broker-dealers that have
entered into sales agreements with RiverSource Life and RiverSource Distributors
and whose personnel are legally authorized to sell annuity and life insurance
products. RiverSource Distributors is a wholly-owned subsidiary of Ameriprise
Financial, Inc.
The aggregate dollar amount of underwriting commissions paid to RiverSource
Distributors by RiverSource Life for the variable accounts in 2012 was $_____,
in 2011 was $411,317,776 and in 2010 was $391,347,519. RiverSource
Distributors retained no underwriting commissions from the sale of the
contracts.
INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMS
[To be filed by Amendment]
FINANCIAL STATEMENTS
[To be filed by Amendment]
5
PART C.
Item 24. Financial Statements and Exhibits
(a) Financial statements included in Part B of this Registration Statement: [to
be filed by amendment]
(b) Exhibits:
1.1 Resolution of the Board of Directors of IDS Life Insurance Company
establishing the IDS Life Variable Account 10 dated August 23, 1995, filed
electronically as Exhibit 1 to Registrant's Initial Registration Statement
No. 33-62407 is incorporated herein by reference.
1.2 Resolution of the Board of Directors of IDS Life Insurance Company
establishing 105 additional subaccounts within the separate account, filed
electronically as Exhibit 1.2 to Pre-Effective Amendment No. 1 to
Registration Statement No. 333-79311 filed on or about Aug. 10, 1999, is
incorporated herein by reference.
1.3 Resolution of the Board of Directors of IDS life Insurance Company
establishing 25 additional subaccounts within the separate account, filed
electronically as Exhibit 1.3 to Registrant's Post-Effective Amendment No.
2 to Registration Statement No. 333-79311, is incorporated herein by
reference.
1.4 Resolution of the Board of Directors of IDS Life Insurance Company
establishing 12 additional subaccounts within the separate account, filed
electronically as Exhibit 1.3 to Registrant's Post-Effective Amendment No.
3 to Registration Statement No. 333-79311, is incorporated herein by
reference.
1.5 Resolution of the Board of Directors of IDS Life Insurance Company
establishing 69 additional subaccounts within the separate account, filed
electronically as Exhibit 1.5 to Registrant's Post-Effective Amendment No.
6 to Registration Statement No. 333-79311, is incorporated herein by
reference.
1.6 Resolution of the Board of Directors of IDS Life Insurance Company
establishing 112 additional subaccounts within the separate account, dated
Feb. 11, 2002, filed electronically as Exhibit 1.6 to Registrant's
Post-Effective Amendment No. 8 to Registration Statement No. 333-79311, is
incorporated herein by reference.
1.7 Resolution of the Board of Directors of IDS Life Insurance Company
establishing 3 additional subaccounts within the separate account, dated
Feb. 28, 2002, filed electronically as Exhibit 1.7 to Registrant's
Post-Effective Amendment No. 10 to Registration Statement No. 333-79311, is
incorporated herein by reference.
1.8 Resolution of the Board of Directors of IDS Life Insurance Company
establishing 8 additional subaccounts within the separate account, dated
January 6, 2004, filed electronically as Exhibit 1.8 to Registrant's
Post-Effective Amendment No. 21 to Registration Statement No. 333-79311,
filed on or about Jan. 23, 2004, is incorporated by reference.
1.9 Resolution of the Board of Directors of IDS Life Insurance Company
establishing 6 additional subaccounts within the separate account, dated
August 12, 2004 filed electronically as Exhibit 1.9 to Post-Effective
Amendment No. 32 to Registration Statement No. 333-79311 is incorporated by
reference.
1.10 Resolution of the Board of Directors of IDS Life Insurance Company
establishing an additional subaccount within the separate account, dated
April 27, 2005 filed electronically as Exhibit 1.10 to Post-Effective
Amendment No. 32 to Registration Statement No. 333-79311 is incorporated by
reference.
1.11 Resolution of the Board of Directors establishing 18 additional subaccounts
within the separate accounts dated April 12, 2006 filed electronically as
Exhibit 1.11 to Registrant's Post-Effective Amendment No. 39 to
Registration Statement No. 333-79311 is incorporated by reference.
1.12 Unanimous Written Consent of the Board of Directors In Lieu of a Meeting
for IDS Life Insurance Company, adopted December 8, 2006 for the
Re-designation of the Separate Accounts to Reflect Entity Consolidation and
Rebranding filed electronically as Exhibit 27(a)(6) to Post-Effective
Amendment No. 28 to Registration Statement No. 333-69777 is incorporated by
reference.
1.13 Resolution of the Board of Directors establishing 988 additional
subaccounts within the separate accounts dated April 6, 2011 filed
electronically as Exhibit 1.13 to Post-Effective Amendment No 64 to
Registration Statement No. 333-79311 is incorporated by reference.
1.14 Resolution of the Board of Directors of RiverSource Life Insurance Company
establishing 399 additional subaccounts within the separate accounts dated
April 6, 2012 filed electronically as Exhibit 1.14 to Post-Effective
Amendment No. 66 to Registration Statement No. 333-79311 is incorporated
by reference.
2. Not applicable.
3. Form of Principal Underwriter Agreement for RiverSource Life Insurance
Company Variable Annuities and Variable Life Insurance filed electronically
as Exhibit 3.1 to the Initial Registration Statement on Form N-4 for
RiverSource Variable Annuity Account (previously American Enterprise
Variable Annuity Account), RiverSource Signature(SM) Select Variable
Annuity and RiverSource Signature(SM) Variable Annuity, on or about Jan. 2,
2007, is incorporated by reference.
4.1 Form of Deferred Annuity Contract for RiverSource RAVA 5 Advantage Variable
annuity(form 411380) and data pages is filed electronically herewith.
4.2 Form of Deferred Annuity Contract for RiverSource RAVA 5 Select Variable
annuity(form 411381) and data pages is filed electronically herewith.
4.3 Form of Deferred Annuity Contract for RiverSource RAVA 5 Access Variable
annuity(form 411382) and data pages is filed electronically herewith.
4.4 Form of Deferred Annuity Contract for IRA contracts (form 31045-IRA) filed
electronically as Exhibit 4.3 to Registrant's Initial Registration
Statement No. 333-79311, filed on or about May 26, 1999, is incorporated
herein by reference.
4.5 Form of Deferred Annuity Contract for IRA contracts (form 31048-IRA) filed
electronically as Exhibit 4.6 to Registrant's Initial Registration
Statement No. 333-79311, filed on or about May 26, 1999, is incorporated
herein by reference.
4.6 Form of TSA Endorsement (form 31049), filed electronically as Exhibit 4.7
to Pre-Effective Amendment No. 1 to Registration Statement No. 333-79311
filed on or about Aug. 10, 1999 is incorporated herein by reference.
4.7 Form of Traditional IRA or SEP-IRA Annuity Endorsement (form 131061) filed
electronically as Exhibit 4.11 to Post-Effective Amendment No. 14 to
Registration Statement No. 333-79311, is incorporated herein by reference.
4.8 Form of Roth IRA Annuity Endorsement (form 131062) filed electronically as
Exhibit 4.12 to Post-Effective Amendment No. 14 to Registration Statement
No. 333-79311, is incorporated herein by reference.
4.9 Form of SIMPLE IRA Annuity Endorsement (form 131063) filed electronically
as Exhibit 4.13 to Post-Effective Amendment No. 14 to Registration
Statement No. 333-79311, is incorporated herein by reference.
4.10 Form of TSA Endorsement (form 131068), filed electronically as Exhibit 4.17
to Post-Effective Amendment No. 21 to Registration Statement No. 333-79311,
filed on or about Jan. 23, 2004, is incorporated by reference.
4.11 Form of 401 (a) Annuity Endorsement (form 131069), filed electronically as
Exhibit 4.23 to Post-Effective Amendment No. 21 to Registration Statement
No. 333-79311, filed on or about Jan. 23, 2004, is incorporated by
reference.
4.12 Copy of Company name change endorsement (form 131115) for RiverSource Life
Insurance Company, filed electronically as Exhibit 4.32 to Registrant's
Post-Effective Amendment No. 41 to Registration Statement No. 333-79311
filed on or about Jan. 2, 2007, is incorporated by reference.
4.13 Form of Guarantee Period Accounts Endorsement (form 411272) filed
electronically as Exhibit 4.56 to RiverSource Variable Account's
Post-Effective Amendment No. 10 to Registration Statement No. 333-139763 is
incorporated herein by reference.
4.14 Form of Maximum Anniversary Value Death Benefit Rider (form 411278) filed
electronically as Exhibit 4.57 to Post-Effective Amendment No. 10 to
Registration Statement No. 333-139763 is incorporated herein by reference.
4.15 Form of 5-Year Maximum Anniversary Value Death Benefit Rider filed
electronically as Exhibit 4.41 to Registrant's Post-Effective Amendment No.
61 to Registration Statement No. 333-79311 is incorporated herein by
reference.
4.16 Form of 5% Accumulation Death Benefit Rider (form 411279) filed
electronically as Exhibit 4.58 to RiverSource Variable Account's
Post-Effective Amendment No. 10 to Registration Statement No. 333-139763 is
incorporated herein by reference.
4.17 Form of Enhanced Death Benefit Rider (form 411280) filed electronically as
Exhibit 4.59 to RiverSource Variable Account's Post-Effective Amendment No.
10 to Registration Statement No. 333-139763 is incorporated herein by
reference.
4.18 Form of Return of Purchase Payment Death Benefit Rider (form 411277) filed
electronically as Exhibit 4.60 to RiverSource Variable Account's
Post-Effective Amendment No. 10 to Registration Statement No. 333-139763 is
incorporated herein by reference.
4.19 Form of Benefit Protector(SM) Death Benefit Rider (form 411281) filed
electronically as Exhibit 4.61 to RiverSource Variable Account's
Post-Effective Amendment No. 10 to Registration Statement No. 333-139763 is
incorporated herein by reference.
4.20 Form of Benefit Protector(SM) Plus Death Benefit Rider (form 411282) filed
electronically as Exhibit 4.62 to RiverSource Variable Account's
Post-Effective Amendment No. 10 to Registration Statement No. 333-139763 is
incorporated herein by reference.
4.21 Form of Guaranteed Minimum Accumulation Benefit Rider (form 411385) and
data page is filed electronically herewith.
4.22 Form of Guaranteed Lifetime Withdrawal Benefit Joint Life Rider
SecureSource 3 Rider and data page filed electronically as Exhibit 4.27 to
Registrant's Pre-Effective Amendment No. 1 to Registration Statement No.
333-179398, filed on or about April 20, 2012, is incorporated by reference.
4.23 Form of Guaranteed Lifetime Withdrawal Benefit Single Life Rider
SecureSource 3 Rider and data page filed electronically as Exhibit 4.27 to
Registrant's Pre-Effective Amendment No. 4.28 to Registration Statement No.
333-179398, filed on or about April 20, 2012, is incorporated by
reference.
5. Form of Variable Annuity Application (form 31063), filed electronically as
Exhibit 5 to Pre-Effective Amendment No. 1 to Registration Statement No.
333-79311 filed on or about Aug. 10, 1999 is incorporated herein by
reference.
6.1 Certificate of Incorporation of IDS Life dated July 24, 1957, filed
electronically as Exhibit 6.1 to Registrant's Initial Registration
Statement No. 33-62407 is incorporated herein by reference.
6.2 Copy of Certificate of Amendment of Certificate of Incorporation of IDS
Life Insurance Company dated June 22, 2006, filed electronically as Exhibit
27(f)(1) to Post-Effective Amendment No. 22 to Registration Statement No.
333-44644 is incorporated by reference.
6.3 Copy of Amended and Restated By-Laws of RiverSource Life Insurance Company
filed electronically as Exhibit 27(f)(2) to Post-Effective Amendment No. 22
to Registration Statement No. 333-44644 is incorporated by reference.
7. Not applicable.
8.1 Copy of Amended and Restated Participation Agreement dated August 1, 2006,
among American Enterprise Life Insurance Company, IDS Life Insurance
Company, Ameriprise Financial Services, Inc., AllianceBernstein L.P. and
AllianceBernstein Investments, Inc. filed electronically as Exhibit 27(h)
(20) to Post-Effective Amendment No. 28 to Registration Statement No.
333-69777 is incorporated herein by reference.
8.2 Copy of Amended and Restated Fund Participation Agreement dated June 1,
2006, by and among American Centurion Life Assurance Company, American
Enterprise Life Insurance Company, American Partners Life Insurance
Company, IDS Life Insurance Company, IDS Life Insurance Company of New
York, Ameriprise Financial Services, Inc. and American Century Investment
Services, Inc. filed electronically as Exhibit 27(h)(3) to Post-Effective
Amendment No. 22 to Registration Statement No. 333-44644 is incorporated
herein by reference.
8.3 Copy of Fund Participation Agreement dated May 1, 2006 among American
Enterprise Life Insurance Company, IDS Life Insurance Company, Columbia
Funds Variable Insurance Trust I, Columbia Management Advisors, LLC and
Columbia Management Distributors, Inc. filed electronically as Exhibit
27(h) (22) to Post-Effective Amendment No. 28 to Registration Statement No.
333-69777 is incorporated herein by reference.
8.4 Copy of Amended and Restated Fund Participation Agreement dated January 1,
2007,among Variable Insurance Products Funds, Fidelity Distributors
Corporation and RiverSource Life Insurance Co. of New York filed
electronically as Exhibit 8.16 to RiverSource of New York Variable Annuity
Account 2's Post-Effective Amendment No. 3 to Registration Statement No.
333-139764 on or about April 24, 2008 is incorporated by reference herein.
8.5 Copy of Amended and Restated Participation Agreement by and between
Franklin Templeton Variable Insurance Products Trust, Franklin/Templeton
Distributors, Inc., American Centurion Life Assurance Company, American
Enterprise Life Insurance Company, IDS Life Insurance Company, IDS Life
Insurance Company of New York, Ameriprise Financial Services, Inc.
(formerly American Express Financial Advisors Inc.), dated August 1, 2005
filed electronically as Exhibit 8.7 to Registrant's Post-Effective
Amendment No. 39 to Registration Statement No. 333-79311 is incorporated by
reference.
8.6 Copy of Janus Aspen Series Amended and Restated Fund Participation
Agreement dated September 1, 2006, by and among American Enterprise Life
Insurance Company, American Partners Life Insurance Company, IDS Life
Insurance Company and Janus Aspen Series filed electronically as Exhibit
27(h)(12) to Post-Effective Amendment No. 28 to Registration Statement No.
333-69777 is incorporated herein by reference.
8.7 Copy of Participation Agreement Among MFS Variable Insurance Trust,
American Enterprise Life Insurance Company, IDS Life Insurance Company and
Massachusetts Financial Services Company, dated June 9, 2006, filed
electronically as Exhibit 8.17 to Post-Effective Amendment No. 42 to
Registration Statement No. 333-79311 is incorporated by reference.
8.8 Copy of Fund Participation Agreement dated March 2, 2006, by and between
Neuberger Berman Advisers Management Trust, Neuberger Berman Management,
Inc. and IDS Life Insurance Company filed electronically as Exhibit 8.17 to
Post-Effective Amendment No. 41 to Registration Statement No. 333-79311 is
incorporated herein by reference.
8.9 Copy of Amended and Restated Fund Participation Agreement dated March 30,
2007, among Oppenheimer Variable Account funds, Oppenheimer Funds, Inc. and
RiverSource Life Insurance Company filed electronically as Exhibit 8.4 to
RiverSource Variable Annuity Account Post-Effective Amendment No. 2 to
Registration Statement No. 333-139760 on or about April 24, 2008 is
incorporated by reference herein.
8.10 Copy of Participation Agreement dated March 1, 2006, among IDS Life
Insurance Company, PIMCO Variable Insurance Trust and Allianz Global
Investors Distributors LLC filed electronically as Exhibit 8.19 to
Post-Effective Amendment No. 41 to Registration Statement No. 333-79311 is
incorporated herein by reference.
8.11 Copy of Participation Agreement dated January 1, 2007, by and among
RiverSource Life Insurance Company, RiverSource Life Insurance Co. of New
York and RiverSource Distributors, Inc. filed electronically as Exhibit
8.23 to Post-Effective Amendment No. 42 to Registration Statement No.
333-79311 is incorporated herein by reference.
8.12 Copy of Fund Participation Agreement dated April 2, 2007, RiverSource Life
Insurance Company, Wanger Advisors Trust, Columbia Wanger Asset Management,
L.P. and Columbia Management Distributors, Inc. filed electronically as
Exhibit 8.11 to RiverSource Variable Annuity Account Post-Effective
Amendment No. 2 to Registration Statement No. 333-139760 on or about April
24, 2008 is incorporated by reference herein.
8.13 Copy of Participation Agreement by and among Wells Fargo Variable Trust and
RiverSource Life Insurance Company and Wells Fargo Funds Distributors, LLC
dated Jan. 1, 2007, filed electronically as Exhibit 8.29 to Post-Effective
Amendment No. 42 to Registration Statement No. 333-79311 is incorporated by
reference.
8.14 Copy of Fund Participation Agreement dated April 26, 2012 by and among
RiverSource Life Insurance Company, BlackRock Variable Series Funds, Inc.
and BlackRock Investments filed electronically as Exhibit 8.3 to
RiverSource Variable Account 10's Post-Effective Amendment No. 1 to
Registration Statement No. 333-179398 is incorporated herein by reference.
8.15 Copy of Fund Participation Agreement dated April 26, 2012 by and among
RiverSource Life Insurance Company, RiverSource Distributors, Inc., DWS
Variable Series I, DWS Variable Series II, DWS Investments VIT Funds DWS
Investment Distributors, Inc. and Deutsche Investment Management Americas
Inc. filed electronically as Exhibit 8.5 to RiverSource Variable Account
10's Post-Effective Amendment No. 1 to Registration Statement No.
333-179398 is incorporated herein by reference.
9. Opinion of counsel and consent to its use as the legality of the securities
being registered is filed electronically herewith.
10. Consent of Independent Registered Public Accounting Firm will be filed by
amendment.
11. None
12. Not applicable.
13. Power of Attorney to sign Amendment to this Registration Statement, dated
March 20, 2012 filed electronically as Exhibit 13 to RiverSource Variable
Account 10's Post-Effective Amendment No. 66 to Registration Statement No.
333-79311, filed on or about April 20, 2012, is incorporated by reference.
14. Not applicable.
Item 25.
Directors and Officers of the Depositor RiverSource Life Insurance Company
Position and Offices
Name Principal Business Address* With Depositor
------------------- ----------------------------- --------------------------------------------------------------------
John R. Woerner Chairman of the Board and President
Gumer C. Alvero Director and Executive Vice President - Annuities
Richard N. Bush Senior Vice President - Corporate Tax
Bimal Gandhi Senior Vice President - Strategic Transformation
Steve M. Gathje Director, Senior Vice President And Chief Actuary
James L. Hamalainen Senior Vice President - Investments
Brian J. McGrane Director, Executive Vice President and Chief Financial Officer
Thomas R. Moore Secretary
Bridget M. Sperl Director and Executive Vice President - Client Service
Jon Stenberg Director and Executive Vice President - Life & Disability Insurance
William F. Truscott Director
* The business address is 70100 Ameriprise Financial Center, Minneapolis,
MN 55474.
Item 26.
SUBSIDIARIES AND AFFILIATES OF AMERIPRISE FINANCIAL, INC. 02/13/2012
Parent Company Incorp State
-------------- ------------
Ameriprise Financial, Inc. DE
Subsidiary Name Incorp State
--------------- ------------
Ameriprise Advisor Capital, LLC DE
Ameriprise Bank, FSB NY
Ameriprise Capital Trust I DE
Ameriprise Capital Trust II DE
Ameriprise Capital Trust III DE
Ameriprise Capital Trust IV DE
Ameriprise Captive Insurance Company VT
Ameriprise Certificate Company DE
Investors Syndicate Development Corporation NV
Ameriprise Holdings, Inc. DE
Ameriprise India Private Limited India
Ameriprise India Insurance Brokers Services Private Limited* India
Ameriprise Trust Company MN
AMPF Holding Corporation MI
American Enterprise Investment Services Inc.** MN
Ameriprise Financial Services, Inc.** DE
AMPF Property Corporation MI
AMPF Realty Corporation MI
Columbia Management Investment Advisers, LLC MN
Advisory Capital Strategies Group Inc. MN
Columbia Wanger Asset Management, LLC DE
GA Legacy, LLC DE
J.& W. Seligman & Co. Incorporated DE
Columbia Management Investment Distributors, Inc.** NY
Columbia Research Partners LLC DE
Seligman Focus Partners LLC DE
Seligman Global Technology Partners LLC DE
Seligman Health Partners LLC DE
Seligman Health Plus Partners LLC DE
Seligman Partners LLC DE
RiverSource CDO Seed Investment, LLC MN
WAM Acquisition GP, Inc. DE
Columbia Management Investment Services Corp. MN
IDS Management Corporation MN
IDS Futures Corporation MN
IDS Property Casualty Insurance Company WI
Ameriprise Auto & Home Insurance Agency, Inc. WI
Ameriprise Insurance Company WI
RiverSource Distributors, Inc.** DE
RiverSource Life Insurance Company MN
RiverSource Life Insurance Co. of New York NY
RiverSource NY REO, LLC NY
RiverSource REO 1, LLC MN
RiverSource Tax Advantaged Investments, Inc. DE
AEXP Affordable Housing Porfolio LLC DE
Threadneedle Asset Management Holdings Sarl Luxembourg
(See separate Threadneedle subsidiary list.)
* This entity has three shareholders: Ameriprise Financial, Inc. (19%),
Ameriprise India Private Limited (7%), and personally owned by T.D.
Chadrasekhar (74%) as required by India law.
** Registered Broker-Dealer
Item 27. Number of Contract owners
As of Dec. 31, 2012 there were 203,305 non-qualified contract owners
and 468,726 qualified contract owners.
Item 28. Indemnification
The amended and restated By-Laws of the depositor provide that the depositor
will indemnify, to the fullest extent now or hereafter provided for or permitted
by law, each person involved in, or made or threatened to be made a party to,
any action, suit, claim or proceeding, whether civil or criminal, including any
investigative, administrative, legislative, or other proceeding, and including
any action by or in the right of the depositor or any other corporation, or any
partnership, joint venture, trust, employee benefit plan, or other enterprise
(any such entity, other than the depositor, being hereinafter referred to as an
"Enterprise"), and including appeals therein (any such action or process being
hereinafter referred to as a "Proceeding"), by reason of the fact that such
person, such person's testator or intestate (i) is or was a director or officer
of the depositor, or (ii) is or was serving, at the request of the depositor, as
a director, officer, or in any other capacity, or any other Enterprise, against
any and all judgments, amounts paid in settlement, and expenses, including
attorney's fees, actually and reasonably incurred as a result of or in
connection with any Proceeding, except as provided below.
No indemnification will be made to or on behalf of any such person if a judgment
or other final adjudication adverse to such person establishes that such
person's acts were committed in bad faith or were the result of active and
deliberate dishonesty and were material to the cause of action so adjudicated,
or that such person personally gained in fact a financial profit or other
advantage to which such person was not legally entitled. In addition, no
indemnification will be made with respect to any Proceeding initiated by any
such person against the depositor, or a director or officer of the depositor,
other than to enforce the terms of this indemnification provision, unless such
Proceeding was authorized by the Board of Directors of the depositor. Further,
no indemnification will be made with respect to any settlement or compromise of
any Proceeding unless and until the depositor has consented to such settlement
or compromise.
The depositor may, from time to time, with the approval of the Board of
Directors, and to the extent authorized, grant rights to indemnification, and to
the advancement of expenses, to any employee or agent of the depositor or to any
person serving at the request of the depositor as a director or officer, or in
any other capacity, of any other Enterprise, to the fullest extent of the
provisions with respect to the indemnification and advancement of expenses of
directors and officers of the depositor.
Insofar as indemnification for liability arising under the Securities Act of
1933 (the "Act") may be permitted to directors, officers and controlling persons
of the depositor or the registrant pursuant to the foregoing provisions, or
otherwise, the registrant has been advised that in the opinion of the Securities
and Exchange Commission such indemnification is against public policy as
expressed in the Act and is, therefore, unenforceable. In the event that a claim
for indemnification against such liabilities (other than the payment by the
registrant of expenses incurred or paid by a director, officer or controlling
person of the registrant in the successful defense of any action, suit or
proceeding) is asserted by such director, officer or controlling person in
connection with the securities being registered, the registrant will, unless in
the opinion of its counsel the matter has been settled by controlling precedent,
submit to a court of appropriate jurisdiction the question whether such
indemnification by it is against public policy as expressed in the Act and will
be governed by the final adjudication of such issue.
Item 29. Principal Underwriter RiverSource Distributors Inc.
PRINCIPAL UNDERWRITERS.
RiverSource Distributors Inc. acts as principal underwriter, depositor or
sponsor for:
RiverSource Variable Annuity Account 1
RiverSource Variable Annuity Account
RiverSource Account F
RiverSource Variable Annuity Fund A
RiverSource Variable Annuity Fund B
RiverSource Variable Account 10
RiverSource Account SBS
RiverSource MVA Account
RiverSource Account MGA
RiverSource Account for Smith Barney
RiverSource Variable Life Separate Account
RiverSource Variable Life Account
RiverSource of New York Variable Annuity Account 1
RiverSource of New York Variable Annuity Account 2
RiverSource of New York Account 4
RiverSource of New York Account 7
RiverSource of New York Account 8
(b) As to each director, officer or partner of the principal underwriter:
Name and Principal Positions and Offices
Business Address* with Underwriter
------------------- ----------------------------------
Lynn Abbott President
Gumer C. Alvero Director and Vice President
Thomas R. Moore Secretary
Jon Stenberg Director
David K. Stewart Chief Financial Officer
William F. Truscott Chairman of the Board and
Chief Executive officer
John R. Woerner Vice President
* Business address is: 50611 Ameriprise Financial Center, Minneapolis,
MN 55474
(c) RiverSource Distributors Inc., the principal underwriter during
Registrant's last fiscal year, was paid the following commissions:
NAME OF NET UNDERWRITING
PRINCIPAL DISCOUNTS AND COMPENSATION ON BROKERAGE
UNDERWRITER COMMISSIONS REDEMPTION COMMISSIONS COMPENSATION
------------ ---------------- --------------- ----------- ------------
RiverSource $ 391,347,519 None None None
Distributors,Inc.
Item 30. Location of Accounts and Records
RiverSource Life Insurance Company
70100 Ameriprise Financial Center
Minneapolis, MN 55474
Item 31. Management Services
Not applicable.
Item 32. Undertakings
(a) Registrant undertakes to file a post-effective amendment to this
registration statement as frequently as is necessary to ensure that the
audited financial statements in the registration statement are never
more than 16 months old for so long as payments under the variable
annuity contracts may be accepted.
(b) Registrant undertakes to include either (1) as part of any application
to purchase a contract offered by the prospectus, a space that an
applicant can check to request a Statement of Additional Information,
or (2) a post card or similar written communication affixed to or
included in the prospectus that the applicant can remove to send for a
Statement of Additional Information.
(c) Registrant undertakes to deliver any Statement of Additional
Information and any financial statements required to be made available
under this Form promptly upon written or oral request.
(d) Registrant represents that it is relying upon the no-action assurance
given to the American Council of Life Insurance (pub. avail. Nov. 28,
1988). Further, Registrant represents that it has complied with the
provisions of paragraphs (1)-(4) of that no-action letter.
(e) The sponsoring insurance company represents that the fees and charges
deducted under the contract, in the aggregate, are reasonable in
relation to the services rendered, the expenses expected to be
incurred, and the risks assumed by the insurance company.
SIGNATURES
As required by the Securities Act of 1933 and the Investment Company Act of
1940, RiverSource Life Insurance Company, on behalf of the Registrant, has
caused this Amendment to its Registration Statement to be signed on its behalf
by the undersigned, thereunto duly authorized in the City of Minneapolis, and
State of Minnesota, on the 25th day of January, 2013.
RIVERSOURCE VARIABLE ACCOUNT 10
(Registrant)
By RiverSource Life Insurance Company
(Sponsor)
By /s/ John R. Woerner*
-------------------------------------
John R. Woerner
Chairman of the Board and President
As required by the Securities Act of 1933, Amendment to this Registration
Statement has been signed by the following persons in the capacities indicated
on the 25th day of January, 2013.
Signature Title
------------------------------------- -----------------------------------------
/s/ Gumer C. Alvero* Director and Executive Vice
------------------------------------- President - Annuities
Gumer C. Alvero
/s/ Richard N. Bush* Senior Vice President - Corporate Tax
-------------------------------------
Richard N. Bush
/s/ Bimal Gandhi* Senior Vice President - Strategic
------------------------------------- Transformation
Bimal Gandhi
/s/ Steve M. Gathje* Director, Senior Vice President and Chief
------------------------------------- Actuary
Steve M. Gathje
/s/ James L. Hamalainen* Director, Senior Vice President -
------------------------------------- Investments
James L. Hamalainen
/s/ Brian J. McGrane* Director, Executive Vice President
------------------------------------- and Chief Financial Officer
Brian J. McGrane
/s/ Bridget M. Sperl* Director and Executive Vice President
------------------------------------- Client Services
Bridget M. Sperl
/s/ Jon Stenberg* Director and Executive Vice President -
------------------------------------- Life and Disability Insurance
Jon Stenberg
/s/ William F. Truscott* Director
-------------------------------------
William F. Truscott
/s/ John R. Woerner* Chairman of the Board and President
-------------------------------------
John R. Woerner
* Signed pursuant to Power of Attorney dated March 20, 2012 filed
electronically as Exhibit 13 to Post-Effective Amendment No. 66 to
Registration Statement No. 333-79311 on or about April 20, 2012, herein,
by:
/s/ Dixie Carroll
-------------------------------------
Dixie Carroll
Assistant General Counsel and
Assistant Secretary
CONTENTS OF REGISTRATION STATEMENT
This Registration Statement is comprised of the following papers and documents:
The Cover Page.
PART A.
The combined prospectus for RiverSource RAVA 5 Advantage Variable Annuity/ RAVA
5 Select Variable Annuity/ RAVA 5 Access Variable Annuity
PART B.
The combined Statement of Additional Information for RiverSource Variable
Account 10
Part C.
Other Information.
The signatures.
Exhibits.
Exhibit Index
4.1 Form of Deferred Annuity Contract for RiverSource RAVA 5 Advantage Variable
annuity(form 411380) and data pages
4.2 Form of Deferred Annuity Contract for RiverSource RAVA 5 Select Variable
annuity(form 411380) and data pages
4.3 Form of Deferred Annuity Contract for RiverSource RAVA 5 Access Variable
annuity(form 411380) and data pages
4.21 Form of Guaranteed Minimum Accumulation Benefit Rider (form 411385) and
data pages.
9. Opinion of counsel and consent to its use as to the legality of the
securities being registered.
EX-99.4.1
2
c30010exv99w4w1.txt
EX-99.4.1
RIVERSOURCE LIFE INSURANCE COMPANY
70100 Ameriprise Financial Center
Minneapolis, MN 55474
1-800-862-7919
DEFERRED ANNUITY CONTRACT
This is a deferred annuity contract. It is a legal contract between You, as the
Owner, and Us, RiverSource Life Insurance Company, a stock company, Minneapolis,
Minnesota. PLEASE READ YOUR CONTRACT CAREFULLY.
If You are living on the Annuitization Start Date, We will begin to pay You
monthly payments, subject to other provisions of this contract. This date may be
changed as provided in this contract.
We issue this contract in consideration of the payment of the initial purchase
payment.
ACCUMULATION VALUES AND ANNUITY PAYMENTS, WHEN BASED ON THE INVESTMENT RESULTS
OF THE VARIABLE SUBACCOUNTS, ARE VARIABLE AND NOT GUARANTEED AS TO FIXED DOLLAR
AMOUNT. SEE THE ACCOUNTS: FIXED AND VARIABLE SECTION FOR VARIABLE ACCOUNT
PROVISIONS.
OPTIONAL RIDER CHARGES MAY REDUCE THE DEATH BENEFIT AMOUNT TO LESS THAN THE
CONTRACT VALUE. SEE THE PAYMENTS TO BENEFICIARIES PROVISIONS.
NOTICE OF YOUR RIGHT TO EXAMINE THIS CONTRACT FOR TEN DAYS. If for any reason
You are not satisfied with this contract, You may cancel this contract by
returning it to Us or Our agent within ten Days after You receive it.
- If this is not an IRA contract, upon such cancellation We will
refund an amount equal to the sum of: (1) the Contract Value at the
end of the Valuation Period during which We receive the contract;
and (2) any premium tax charges paid.
- If this is an IRA contract, upon such cancellation We will refund
all purchase payments which You have paid.
This contract will then be considered void from its start.
Signed for and issued by RiverSource Life Insurance Company of Minneapolis,
Minnesota, as of the Contract Date.
(-s- Signature) (-s- Signature)
Secretary President
Flexible Purchase Payments -- Subject to Limitations
Optional Fixed Dollar or Variable Accumulation Values and Annuity Payments
Annuity Payments Begin on the Annuitization Start Date
This Contract is Nonparticipating -- Dividends Are Not Payable
Surrender Charges May Be Waived under Specified Conditions
411380 Page 1 (04/2013)
GUIDE TO CONTRACT PROVISIONS
CONTRACT DATA........................................................
Important contract specifications, fund allocations,
fees and charges, surrender charge schedule
DEFINITIONS.......................................................... Pages 3-4
Important words and meanings
GENERAL PROVISIONS................................................... Pages 5-6
Entire Contract
Annuity Tax Qualification
Contract Modification
Incontestable
Benefits Based on Incorrect Data
State Laws
Reports to Owner
Evidence of Survival
Protection of Proceeds
Payments by Us
Voting Rights
Termination of the Contract
OWNERSHIP, ANNUITANT AND BENEFICIARY................................. Pages 6-7
Owner Rights
Non-Natural Person and Revocable Trust Ownership
Change of Ownership
Beneficiary
Change of Beneficiary
Change of Annuitant or Contingent Annuitant
Pre-election of an Annuity Payment Plan
Assignment
PAYMENTS TO BENEFICIARIES............................................ Page 8-9
Spouse's Option to Continue Contract
Death Benefit Before the Annuitization Start Date
Payment Options
Amount Payable Before the Annuitization Start Date
Death Benefit After the Annuitization Start Date
PURCHASE PAYMENTS.................................................... Page 10
Purchase Payments
Additional Purchase Payments
Payment Limits
Allocation of Purchase Payments
ACCOUNTS: FIXED AND VARIABLE......................................... Pages 11-12
The Fixed Account
Interest to be Credited
The Variable Account
Investments of the Variable Account
Valuation of Assets
Variable Account Accumulation Units
Variable Account Accumulation Unit Value
Net Investment Factor
Mortality and Expense Risk Charge
Variable Account Administrative Charge
Annuity Unit Value
CONTRACT VALUE....................................................... Pages 13-14
Contract Value
Contract Value in the Variable Account
Contract Value in the Regular Fixed Account
Contract Value in the Special DCA Fixed Account
Contract Administrative Charge
Premium Tax Charges
Transfers of Contract Values
Dollar Cost Averaging
Special DCA Fixed Account
SURRENDER PROVISIONS................................................. Pages 15-17
Surrender of the contract for its surrender value
Rules for Surrender
Surrender Value
Surrender Charge
Purchase Payment Surrender Order
Waiver of Surrender Charges
Suspension or Delay in Payment of Surrender
Waiver of Surrender Charges upon Hospital or Nursing
Home Confinement
Waiver of Surrender Charges upon Terminal Illness
Diagnosis
ANNUITY PROVISIONS................................................... Pages 18-19
Annuity Payment
Change of Annuitization Start Date
Annuity Payment Plans
Plan Selection
Allocation of Contract Values to Provide Fixed and
Variable Payments
Fixed Annuity Payments
Variable Annuity Payments
Determination of the First Variable Annuity Payment
Variable Annuity Payments After the First Payment
Exchange of Annuity Units
TABLES OF ANNUITY PAYOUT RATES....................................... Pages 20-21
Tables showing amount of first Variable Annuity
payment and the guaranteed Fixed Annuity payments for the
various payment plans
411380 Page 2 (04/2013)
DEFINITIONS
The following words are used often in this contract. When We use these words,
this is what We mean:
ACCUMULATION UNIT
An Accumulation Unit is an accounting unit of measure. It is used to calculate
the Contract Value in the Variable Account prior to the application of amounts
to an annuity payment plan.
ANNUITANT
The Annuitant is the person or persons on whose life periodic annuity payments
depend. If there are joint Annuitants prior to the Annuitization Start Date, the
term Annuitant in this contract is replaced in all instances with the term
Annuitants.
ANNUITIZATION START DATE
The Annuitization Start Date is the date on which annuity payments begin as
described in the Annuity Payment provision. This date is either as shown under
Contract Data or the date as changed as provided in this contract. You will be
notified prior to the Annuitization Start Date.
ANNUITY UNIT
An Annuity Unit is an accounting unit of measure. It is used to calculate the
value of annuity payments from the variable subaccounts on and after the
Annuitization Start Date.
ATTAINED AGE
Attained Age is the number of whole year since birth, which is the same as the
age as of a person's latest birthday, unless born on February 29.
CODE
The Code is the Internal Revenue Code of 1986, as amended, its regulations
thereunder and/or promulgations of the Internal Revenue Service, as applicable.
CONTINGENT ANNUITANT
The Contingent Annuitant is the person who becomes the Annuitant when the
current Annuitant dies prior to the Annuitization Start Date.
CONTRACT ANNIVERSARY
The Contract Anniversary is the same Day and month as the Contract Date each
year that the contract remains in force.
CONTRACT DATE
The Contract Date is the date from which Contract Anniversaries, contract years,
and contract months are determined. Your Contract Date is shown under Contract
Data.
CONTRACT VALUE
The Contract Value is the sum of the Contract Value in the Regular Fixed
Account, Contract Value in the Special DCA Fixed Account and Contract Value in
the Variable Account.
DAY
Unless specified otherwise, a Day is a calendar day.
FIXED ACCOUNT
The Fixed Account is made up of all Our assets other than those in any separate
account.
FIXED ANNUITY
A Fixed Annuity is an annuity with payments which are guaranteed by Us as to
dollar amount during the annuity payment period.
NONQUALIFIED CONTRACT
A Nonqualified Contract is a contract used primarily for retirement purposes
that is not intended to qualify as a Tax Qualified Contract.
OWNER, YOU, YOUR
"Owner," "You" and "Your" refer to the owner or owners of this contract. Any
contract provisions based on the age of the Owner will be based on the age of
the oldest Owner. Any ownership change, including continuation of the contract
by Your spouse under the Spouse's Option to Continue Contract provision,
redefines "Owner," "You" and "Your" as the new owner.
REGULAR FIXED ACCOUNT
The Regular Fixed Account is an option available within the Fixed Account to
which You may allocate purchase payments and Contract Values. Amounts allocated
to the Regular Fixed Account will earn a specified rate of interest.
411380 Page 3 (04/2013)
SPECIAL DCA FIXED ACCOUNT
The Special DCA Fixed Account is an option within the Fixed Account to which You
may allocate purchase payments. Purchase payment amounts You allocate to the
Special DCA Fixed Account must be transferred within a specified period of time
to selected variable subaccounts. The amounts allocated to the Special DCA Fixed
Account earn a specified rate of interest until transferred out of the Special
DCA Fixed Account.
TAX QUALIFIED CONTRACT
A Tax Qualified Contract is a contract that is intended to qualify as part of a
tax-advantaged retirement plan such as individual retirement annuities,
tax-sheltered savings annuities or other tax-advantaged retirement plans.
VALUATION DATE
A Valuation Date is each Day the New York Stock Exchange is open for trading. At
the New York Stock Exchange close of business, the next Valuation Date begins.
Whenever Your Contract Anniversary is not a Valuation Date, Your Contract Value
for that Contract Anniversary will be based on close of business values on the
next Valuation Date.
VALUATION PERIOD
A Valuation Period is the interval of time commencing at the New York Stock
Exchange close of business on each Valuation Date and ending at the close of
business on the next Valuation Date.
VARIABLE ACCOUNT
The Variable Account consists of separate variable subaccounts to which You may
allocate Contract Values including purchase payments. Each subaccount invests in
shares of one fund. The variable subaccounts available on the Contract Date are
shown under Contract Data. The value of Your investment in each variable
subaccount changes with the performance of the particular fund.
VARIABLE ANNUITY
A Variable Annuity is an annuity with payments which are not predetermined or
guaranteed as to dollar amount and vary in amount with the investment experience
of one or more of the variable subaccounts.
WE, US, OUR
Any reference to "We," "Us" or "Our" means RiverSource Life Insurance Company.
WRITTEN REQUEST
A Written Request is a request in writing, on a form acceptable to Us, signed by
You and delivered to Us at Our corporate office.
411380 Page 4 (04/2013)
GENERAL PROVISIONS
ENTIRE CONTRACT
This contract form and any attached endorsements or riders are the entire
contract between You and Us.
No one except one of Our corporate officers (President, Vice President,
Secretary or Assistant Secretary) can change or waive any of Our rights or
requirements under this contract. That person must do so in writing. None of Our
other representatives or other persons has the authority to change or waive any
of Our rights or requirements under this contract.
ANNUITY TAX QUALIFICATION
This contract is intended to qualify as an annuity contract under Section 72 and
other relevant sections of the Code for Federal income tax purposes. To that
end, the provisions of this contract are to be interpreted to ensure or maintain
such tax-qualification, despite any other provisions to the contrary. We reserve
the right to unilaterally amend this contract to reflect any clarifications that
may be needed or are appropriate to maintain such tax qualification, subject to
any necessary regulatory approval. We will send You a copy of any such
amendments.
CONTRACT MODIFICATION
This contract may be modified at any time by written agreement between You and
Us. The modification must be signed by one of Our corporate officers (President,
Vice President, Secretary or Assistant Secretary).
INCONTESTABLE
This contract is incontestable from its Contract Date.
BENEFITS BASED ON INCORRECT DATA
If benefit amounts are determined by incorrect information regarding a person's
age or gender, payments described in this contract will be adjusted. They will
be based on what would have been provided using the correct birth date and/or
correct gender. Any underpayments made by Us will be made up promptly without
interest. We reserve the right to recover any amounts overpaid from You or Your
estate. If there are any future payments under this contract, overpayments made
by Us will be subtracted, without interest, and/or as otherwise legally
permissible.
STATE LAWS
This contract is governed by the law of the state in which it is delivered. The
values and benefits of this contract are at least equal to those required by
such state. Any paid up annuity, cash surrender or death benefits available
under the contract are not less than the minimum benefits required by any law of
the state in which the contract is delivered.
REPORTS TO OWNER
At least once a year as of a date not more than four months previous to the date
of mailing, We will send You, without charge, a statement showing (1) the
Contract Value as of the beginning and end dates of the period, (2) the
contract's surrender value and any outstanding loan value as of the end date of
the period, and (3) amounts credited or debited during the period, identified by
type. This statement will also show any other information required under state
or federal law.
We will also send You, without charge, notice of current or other values upon
Your request.
EVIDENCE OF SURVIVAL
Where any payments under this contract depend on the recipient or Annuitant
being alive on a certain date, We may require proof satisfactory to Us that such
condition has been met. Such proof may be required prior to making the payments.
411380 Page 5 (04/2013)
PROTECTION OF PROCEEDS
Payments under this contract are not assignable by any beneficiary prior to the
time they are due. To the extent allowed by law, payments are not subject to the
claims of creditors or to legal process.
PAYMENTS BY US
All sums payable by Us are payable at Our corporate office. Any payment or
surrender from a variable subaccount is based on the variable subaccount value.
VOTING RIGHTS
If federal law requires, We will give certain voting rights to contract owners.
If You have voting rights, We will send You a notice telling You the time and
place of a shareholder meeting. The notice will also explain matters to be voted
upon and how many votes to which You are entitled.
TERMINATION OF THE CONTRACT
The contract will be terminated under the following conditions:
1. After the death benefit is paid, the contract will terminate.
2. Reduction of the Contract Value to zero will terminate the contract unless
benefits are payable under the terms of certain optional withdrawal
benefit or accumulation benefit riders, if any, attached to this contract.
3. Your Written Request for a full surrender will terminate the contract.
OWNERSHIP, ANNUITANT AND BENEFICIARY
OWNER RIGHTS
Unless otherwise stated in this contract, You may exercise all rights and
privileges provided in this contract or allowed by Us.
If two Owners jointly own this contract, each Owner may independently exercise
transfers among the various account options and designate purchase payment
allocations. Unless agreed to by Us, all other terms, conditions, rights and
requirements that apply to an Owner under this contract shall apply jointly to
each joint Owner named.
NON-NATURAL PERSON AND REVOCABLE TRUST OWNERSHIP
The Owner may be a non-natural person (e.g. irrevocable trust or corporation) or
a revocable trust if We agree. If the Owner or any joint Owner is a non-natural
person or a revocable trust, the Annuitant will be deemed to be the Owner for
any provision or benefit using the age or life of the Owner. These include
Payments to Beneficiaries provisions, the ROPP Benefit Age, Hospitalization/
Nursing Home Waiver Benefit Age, TI Waiver Benefit Age and Maximum Purchase
Payments shown under Contract Data, the Waiver of Surrender Charge upon Hospital
or Nursing Home Confinement provision, and the Waiver of Surrender Charge upon
Terminal Illness Diagnosis provision. If the Owner or any joint Owner is a
non-natural person or revocable trust, the Annuitant may not be changed.
CHANGE OF OWNERSHIP
You may change the ownership of this contract by Written Request or other method
agreed to by Us. Once We receive the change, it will take effect as of the date
of Your request, subject to any action taken or payment made by Us before the
receipt.
A change of ownership may result in tax consequences.
See any attached tax qualified endorsement for ownership change limitations.
BENEFICIARY
Except as otherwise provided in the contract, beneficiaries are those You
designate to receive the death benefit of this contract if You die while this
contract is in force. We will not be bound by any such designation unless made
by Written Request or other method agreed to by Us and recorded by Us. Any
beneficiary designation takes effect as of the date of Your request. However, We
are not liable for any payment made by Us before the recording.
For joint spousal ownership with right of survivorship, the surviving spouse is
deemed the sole beneficiary superseding any other beneficiary designation. This
permits the surviving spouse to use the Spouse's Option to Continue Contract
provision in the Payments to Beneficiaries section of the contract. (The deemed
surviving spouse sole beneficiary designation may only be overridden if
specifically requested in writing and signed by both joint spousal Owners.)
411380 Page 6 (04/2013)
Only those beneficiaries who are living as of the date of death may share in the
benefits, if any. Benefits will be paid to all primary beneficiaries surviving
You, in accordance with Your last beneficiary designation on file. If none
survive, proceeds will be paid to all surviving contingent beneficiaries. If
there is no valid beneficiary designation or if no beneficiary survives, We will
pay the benefits as follows:
- if there are joint Owners, We will pay the surviving Owner(s),
otherwise;
- if the Owner is a non-natural person or revocable trust, We will pay
the Owner, otherwise;
- to Your spouse, if living;
- if no spouse is living, to Your lawful children per stirpes;
- if You have no spouse or direct descendents, to Your parents equally
or the survivor, if living, otherwise to Your estate.
CHANGE OF BENEFICIARY
BY OWNER: You may change the beneficiary at any time by Written Request or other
method agreed to by Us. Once We receive the change, it will take effect as of
the date of Your request. However, We are not liable for any payment made by Us
before the receipt.
BY BENEFICIARY: If the death benefit under this contract becomes payable to a
beneficiary (recipient) under an annuity payment plan, that recipient shall have
the right to name, or later change, their own beneficiary by Written Request. If
there is no valid beneficiary designation or if no beneficiary survives the
recipient, We will pay any benefits due under the annuity payment plan following
the death of the original beneficiary as follows:
- to the recipient's spouse, if living;
- if no spouse is living, to the recipient's lawful children per
stirpes;
- if the recipient has no spouse or direct descendents, to the
recipient's parents equally or the survivor, if living, otherwise to
the recipient's estate.
CHANGE OF ANNUITANT OR CONTINGENT ANNUITANT
If:
1. this is a Nonqualified Contract, and
2. You are a natural person, and
3. You are not a revocable trust, and
4. it is prior to the Annuitization Start Date;
then You may change the Annuitant or Contingent Annuitant by Written Request or
other method agreed to by Us. Once We receive the request and We record the
change, it will take effect as of the date of Your request, subject to any
action taken or payment made by Us before the recording.
In addition, if the Annuitant is not an Owner and the Annuitant dies before the
Annuitization Start Date, the Owner becomes the Annuitant unless a Contingent
Annuitant has been previously selected. The contract continues in force, and no
death benefit is payable.
If the Annuitant is an Owner and the Annuitant dies before the Annuitization
Start Date, the death benefit is payable.
In the case of joint ownership, one Owner must be named as Contingent Annuitant.
PRE-ELECTION OF AN ANNUITY PAYMENT PLAN
If this is a Nonqualified Contract, You may elect how the death benefit
described in this contract is to be paid in the event of Your death before the
Annuitization Start Date. You must make the election by Written Request or other
method agreed to by Us. In this event the death benefit shall be payable as so
elected by You, rather than as requested by the beneficiary. If for any reason
such election does not satisfy Section 72 of the Code or related distribution
requirements, the election will be void and the beneficiary will then be
permitted to elect payment pursuant to the provisions of the contract. This
provision is available for Tax Qualified Contracts if agreed to by Us.
ASSIGNMENT
If this is a Nonqualified Contract, You can assign this contract or any interest
in it. Your interest and the interest of any beneficiary are subject to the
interest of the assignee. An assignment is not a change of ownership and an
assignee is not an Owner as these terms are used in this contract. Any amounts
payable to the assignee will be paid in a single sum.
A copy of any assignment must be submitted to Us at Our corporate office. Unless
otherwise specified by You, assignments shall be effective on the date the
assignment notice is signed, subject to any action taken or payment made by Us
before the assignment was received at Our corporate office. We are not
responsible for the validity or effect, tax or otherwise, of any assignment.
411380 Page 7 (04/2013)
PAYMENTS TO BENEFICIARIES
SPOUSE'S OPTION TO CONTINUE CONTRACT
If You die before the Annuitization Start Date and Your spouse is the sole
primary beneficiary or a joint tenant with right of survivorship, Your spouse
may accept payment of the death benefit under options described below or keep
the contract in force as Owner, including any associated riders in force,
subject to rider continuation rules in effect. If the Owner was also the
Annuitant, then the spouse becomes the Annuitant as well.
Election by the spouse to continue the contract must be made by Written Request,
or other method agreed to by Us, at the time We receive due proof of death. Upon
spousal continuation the Contract Value shall be equal to the death benefit that
would otherwise have been paid but with no reduction for rider charges on riders
that remain in-force. The spouse may make additional purchase payments to the
contract. Surrender charges under the continued contract shall only apply to
purchase payments made after the election by the spouse to continue the
contract.
DEATH BENEFIT BEFORE THE ANNUITIZATION START DATE
A death benefit is payable to the beneficiary if You die when the Contract Value
is greater than zero and before the Annuitization Start Date.
If the annuity is jointly owned by non-spousal Owners, then the death benefit
will be paid to the beneficiary at the first death of a joint Owner.
If the annuity is jointly owned by spousal Owners, see Spouse's Option to
Continue Contract above.
PAYMENT OPTIONS
Any amounts payable or applied by Us as described in this section will be based
on the Contract Values as of the Valuation Date on or next following the date on
which We receive due proof of death at Our corporate office. Due proof of death
includes all documents needed to complete a beneficiary's claim.
The death benefit for each beneficiary will be payable in a lump sum on the
Valuation Date We receive due proof of death from that beneficiary. The
beneficiary may elect to receive payment anytime within five years after the
date of death.
In lieu of a lump sum, payments may be made under a payment plan, provided:
- the beneficiary elects the plan at the time We receive due proof of
death; and
- the plan provides payments over a period which does not exceed the
life or over a period not extending beyond the life expectancy of
the beneficiary; and
- payments begin no later than one year after the date of death.
If the beneficiary elects an annuity payment plan, such beneficiary shall be the
Annuitant for purposes of a lifetime payment plan.
AMOUNT PAYABLE BEFORE THE ANNUITIZATION START DATE
If You are the ROPP Benefit Age (shown under Contract Data) or younger on the
later of (1) the Contract Date or (2) the date of the most recent "covered life
change," (if applicable), and if You die prior to the Annuitization Start Date
with a Contract Value greater than zero; then We will pay the beneficiary the
greater of the following amounts:
1. the Contract Value, after any rider charges have been deducted; or
2. the Return of Purchase Payment (ROPP) Value.
If You are older than the ROPP Benefit Age (shown under Contract Data) on the
later of (1) the Contract Date or (2) the date of the most recent "covered life
change" (if applicable), and if You die prior to the Annuitization Start Date
with a Contract Value greater than zero; then We will pay the beneficiary the
Contract Value after any rider charges have been deducted.
COVERED LIFE CHANGE DEFINITION: A "covered life change" is either A)
continuation of the contract by a spouse under the Spouse's Option to Continue
Contract provision or B) an ownership change where an Owner after the ownership
change was not an Owner prior to the change.
RETURN OF PURCHASE PAYMENT (ROPP) VALUE DEFINITION: On the Contract Date the
ROPP value is established as the total purchase payments made to the contract.
Adjustments are made to the ROPP value in the following circumstances:
1. Additional purchase payments will be added to the ROPP value.
2. Partial surrenders will result in "adjustments for partial surrenders"
subtracted from the ROPP value.
3. After a "covered life change" for a spouse who continues the contract, the
ROPP value is reset to the Contract Value on the date of continuation
after any increases to the Contract Value due to
411380 Page 8 (04/2013)
the death benefit that would otherwise have been paid but with no
reduction for rider charges on riders that remain in-force.
4. After a "covered life change" other than for a spouse who continues the
contract:
if the prior Owner was eligible for the ROPP, the ROPP value is reset on
the Valuation Date We receive Your Written Request for the "covered life
change" to the lesser of A or B where:
A = the Contract Value on that date after any rider charges have
been deducted, and
B = the ROPP value on that date (but prior to the reset).
if the prior Owner was not eligible for the ROPP, the ROPP value is reset
on the Valuation Date We receive Your Written Request for the "covered
life change" as the Contract Value on that date, after any rider charges
have been deducted.
ADJUSTMENTS FOR PARTIAL SURRENDERS DEFINITION: "Adjustments for partial
surrenders" are calculated for each partial surrender using the following
formula:
a X b where:
-------
c
a = the amount Your Contract Value is reduced by the partial surrender
b = the ROPP value on the date of (but prior to) the partial surrender
c = the Contract Value on the date of (but prior to) the partial
surrender.
DEATH BENEFIT AFTER THE ANNUITIZATION START DATE
The Owner's death produces a death benefit after the Annuitization Start Date.
The amount payable, if any, will depend on the annuity payment plan then in
effect.
DEATH OF THE OWNER: If the Owner is the Annuitant and dies after the
Annuitization Start Date, payments cease for lifetime only payment plans.
Payments continue to the Owner's beneficiaries for the remainder of any
guarantee period or for the lifetime of a surviving joint Annuitant, if any.
If the Owner is not the Annuitant and dies after the Annuitization Start Date,
payments continue to the beneficiaries according to the payment plan in effect.
DEATH OF THE ANNUITANT OR OF A BENEFICIARY RECEIVING PAYMENTS UNDER AN ANNUITY
PAYMENT PLAN: If the Owner is not the Annuitant and the Annuitant dies after the
Annuitization Start Date, payments cease for lifetime payment plans. Payments
continue to the Owner for the remainder of any guarantee period or for the
lifetime of a surviving joint Annuitant, if any.
If a beneficiary elects an annuity payment plan as provided under the Payment
Options provision above and dies after payments begin, payments continue to
beneficiaries named by the deceased beneficiary as provided under the Change of
Beneficiary provision for the remainder of any guarantee period.
In any event, amounts remaining payable must be paid at least as rapidly as
payments were being made at the time of such death.
411380 Page 9 (04/2013)
PURCHASE PAYMENTS
PURCHASE PAYMENTS
Purchase payments are the payments You make for this contract and the benefits
it provides. Purchase payments must be paid or mailed to Us at Our corporate
office or to an authorized agent. If requested, We'll give You a receipt for
Your purchase payments.
ADDITIONAL PURCHASE PAYMENTS
Subject to the Payment Limits provision below, additional purchase payments may
be made until the earlier of:
1. the date this contract terminates by surrender or otherwise; or
2. the Annuitization Start Date.
Subject to the Payment Limits Provision You may:
1. stop and/or restart purchase payments; or
2. increase or decrease the amount of Your purchase payments; or
3. change the interval of Your purchase payments.
PAYMENT LIMITS
Maximum Purchase Payments - The maximum purchase payments in the first or later
years may not exceed the amounts shown under Contract Data, based on the
contract year and Your Attained Age at the time of payment unless We allow
otherwise on a non-discriminatory basis.
The Maximum Purchase Payments Permitted includes payments to all deferred
annuity contracts We have issued where You are an Owner. We reserve the right to
increase the maximums.
Additional Purchase Payments - Additional purchase payments You make must be at
least the minimum amount shown under Contract Data.
You cannot allocate purchase payments to the Fixed Account for six months
following: (1) a partial surrender from the Fixed Account; (2) a lump sum
transfer from the Regular Fixed Account to another account; or (3) termination
of automated transfers from the Special DCA Fixed Account prior to the end of
the elected Special DCA time period.
We reserve the right to cancel this contract if both of the following conditions
exist at the same time: (1) no purchase payments have been paid for a continuous
period of 24 months; and (2) less than $500 in purchase payments have been paid
under this contract. In this event, We will give You notice of Our intent to
cancel this contract. Upon such cancellation We will pay You the Contract Value,
after any rider charges have been deducted, in one sum. This contract will then
terminate.
ALLOCATION OF PURCHASE PAYMENTS
You instruct Us on how You want Your purchase payments allocated among the
available accounts.
The percentage of any payment which may be allocated to the Regular Fixed
Account is shown under Contract Data. We reserve the right to change this
percentage at any time on a non-discriminatory basis with notification.
We reserve the right to limit the accounts and/or variable subaccounts to which
You can allocate purchase payments or Contract Value at any time. In addition,
allocations to certain accounts or variable subaccounts may be limited or
required under the terms of certain optional benefit riders, if any, attached to
this contract.
Your allocation instructions as of the Contract Date are shown under Contract
Data. Unless any restrictions apply, You may, by Written Request or other method
agreed to by Us, change Your choice of accounts or percentages. If Your current
allocation instructions include a fund to which allocations are restricted and
You do not provide new instructions, We will apply payments pro rata according
to the valid portion of Your allocation instructions. The first purchase payment
will be allocated as of the end of the Valuation Period during which We make an
affirmative decision to issue this contract. Purchase payments after the first
will be allocated as of the end of the Valuation Period during which We receive
the payment at Our corporate office.
411380 Page 10 (04/2013)
ACCOUNTS: FIXED AND VARIABLE
THE FIXED ACCOUNT
The Fixed Account is part of Our general account. It is made up of all Our
assets other than those in:
1. The Variable Account; and
2. Any other segregated asset accounts.
The Fixed Account consists of the Regular Fixed Account and the Special DCA
Fixed Account.
We back the principal and interest guarantees relating to the Fixed Account.
Purchase payments, interest credited and transfers allocated to the Fixed
Account become part of Our general account.
INTEREST TO BE CREDITED
We will credit interest to the Fixed Account daily. We may credit interest to
each Special DCA Fixed Account at promotional rates that are higher than those
We credit to the Regular Fixed Account. All interest rates We quote are
effective annual interest rates - this refers to the rate that results after
interest has been credited and compounded daily for a full year. Interest will
begin to accrue at Our current crediting rate on the date each purchase payment,
which is received in Our corporate office, becomes available to Us for use and
on the date of any transfers to the Fixed Account. Amounts transferred from the
Special DCA Fixed Account to the Regular Fixed Account, through transfers to an
asset allocation model, will begin earning interest at the current crediting
rate for the Regular Fixed Account on the transfer date. The current crediting
rate is determined by Us and at Our discretion but will never be less than the
Fixed Account Minimum Interest Rate shown under Contract Data.
One year after receipt of each purchase payment or transfer, the rate for the
payment or transfer amount, and its accumulated interest, may change. Interest
will accrue at revised rates determined by Us and at Our discretion. These rates
may be based on various factors including, but not limited to, the interest rate
environment, returns earned on investments backing these annuities, the rates
currently in effect for new and existing company annuities, product design,
competition, and the company's revenues and expenses. However, the rate will
never be less than the Fixed Account Minimum Interest Rate shown under Contract
Data. Your interest rate for each purchase payment or transfer will never change
more frequently than annually.
THE VARIABLE ACCOUNT
The Variable Account is a separate investment account of Ours. It consists of
variable subaccounts which are named under Contract Data. We have allocated a
part of Our assets for this and other contracts to the Variable Account. Such
assets remain Our property. However, the portion of the assets which equals the
reserves and other liabilities of the account(s) shall not be charged with
liabilities arising out of any other business in which We may take part. Income,
gains, and losses, whether or not realized from assets allocated to the Variable
Account, are credited or charged to such account without regard to other income,
gains or losses of the company.
INVESTMENTS OF THE VARIABLE ACCOUNT
Purchase payments and transfer amounts applied to the variable subaccounts will
be allocated as specified by You. Each variable subaccount will buy, at net
asset value, shares of the fund for that variable subaccount shown under
Contract Data or as later added or changed as described below.
We may change the funds from which the variable subaccounts buy shares if laws
or regulations change, the existing funds become unavailable or, in Our
judgment, the funds are no longer suitable for the variable subaccounts. We have
the right to substitute any funds for those shown under Contract Data.
We may also:
add additional variable subaccounts investing in other funds,
combine any two or more variable subaccounts,
transfer assets to and from the variable subaccounts or the Variable
Account, and
eliminate or close any variable subaccounts.
When required, We would first seek approval of the Securities and Exchange
Commission and the insurance regulator of the state where this contract is
delivered.
VALUATION OF ASSETS
Fund shares in the variable subaccounts will be valued at their net asset value.
VARIABLE ACCOUNT ACCUMULATION UNITS
The number of Accumulation Units for variable subaccounts chosen by You is found
by:
1. adding the number of accumulation units resulting from:
a. purchase payments allocated to the variable subaccount; and
b. transfers to the variable subaccount;
2. and subtracting the number of Accumulation Units resulting from:
411380 Page 11 (04/2013)
a. transfers from the variable subaccount; and
b. surrenders (including surrender charges) from the variable
subaccount; and
c. contract administrative charge or any rider charge deductions from
the variable subaccount.
The number of Your Accumulation Units added or subtracted for each of the above
transactions is found by dividing (1) by (2) where:
1. is the amount allocated to or deducted from the variable subaccount; and
2. is the Accumulation Unit value for the variable subaccount for the
respective Valuation Period during which We received the purchase payment
or transfer value, or during which We deducted transfers, surrenders,
surrender charges, rider charges or contract administrative charges.
VARIABLE ACCOUNT ACCUMULATION UNIT VALUE
The value of an Accumulation Unit for each of the variable subaccounts was
arbitrarily set at $1 when the first fund shares were bought. The value for any
later Valuation Period is found as follows:
The Accumulation Unit value for each variable subaccount for the last
prior Valuation Period is multiplied by the net investment factor for the
same variable subaccount for the next following Valuation Period for which
the Accumulation Unit value is being calculated. The result is the
Accumulation Unit value.
NET INVESTMENT FACTOR
The net investment factor is an index applied to measure the investment
performance of a variable subaccount from one Valuation Period to the next. The
net investment factor may be greater or less than one; therefore, the value of
an accumulation or Annuity Unit may increase or decrease.
The net investment factor for any such variable subaccount for any Valuation
Period is determined by: dividing (1) by (2) and subtracting (3) and (4) from
the result. This is done where:
1. is the sum of:
a. the net asset value per share of the fund held in the variable
subaccount determined at the end of the current Valuation Period;
plus
b. the per share amount of any dividend or capital gain distribution
made by the fund held in the variable subaccount, if the
"ex-dividend" date occurs during the current Valuation Period; and
2. is the net asset value per share of the fund held in the variable
subaccount, determined at the end of the last prior Valuation Period; and
3. is a factor representing the mortality and expense risk charge; and
4. is a factor representing the variable account administrative charge
described below.
MORTALITY AND EXPENSE RISK CHARGE
In calculating unit values We will deduct a mortality and expense risk charge
from the variable subaccounts which is equal, on an annual basis, to a
percentage of the daily net asset value. This percentage is the Annual Mortality
and Expense Risk Fee shown under Contract Data. The deduction is made to
compensate Us for assuming the mortality and expense risks under contracts of
this type. The deduction will be:
1. made from each variable subaccount; and
2. computed on a daily basis.
Fees for certain optional riders and features, if elected, will be added to the
Annual Mortality and Expense Risk Fee.
VARIABLE ACCOUNT ADMINISTRATIVE CHARGE
In calculating unit values, We will deduct a variable account administrative
charge, as shown under Contract Data, from the variable subaccounts. This
deduction is made to compensate Us for certain administrative and operating
expenses for contracts of this type. The deduction will be:
1. made from each of Your variable subaccounts; and
2. computed on a daily basis.
ANNUITY UNIT VALUE
The value of an Annuity Unit for each variable subaccount was arbitrarily set at
$1 when the first fund shares were bought. The value for any later Valuation
Period is found as follows:
1. the Annuity Unit value for each variable subaccount for the last prior
Valuation Period is multiplied by the net investment factor for the same
variable subaccount for the next following Valuation Period for which the
Annuity Unit value is being calculated.
2. the result is multiplied by an interest factor, which on an annualized
basis is equal to .952381. This is done to offset the assumed 5%
investment return which is built into Table A under the Tables of Annuity
Payout Rates section.
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CONTRACT VALUE
CONTRACT VALUE
The Contract Value at any time is the sum of:
1. Contract Value in the Variable Account; and
2. Contract Value in the Regular Fixed Account; and
3. Contract Value in the Special DCA Fixed Account.
For surrenders and charges, a number of Accumulation Units and dollar amounts
will be deducted from the above accounts to equal any amounts surrendered or
charges made against the Contract Value.
For surrenders, You may specify from which of the above accounts that the
deduction will be taken. Otherwise, the deduction will be taken from the above
accounts in the same proportion that Your interest in each bears to the total
Contract Value.
CONTRACT VALUE IN THE VARIABLE ACCOUNT
Your Contract Value in the Variable Account at any time will be the total of the
value of the units in any variable subaccount resulting from:
1. purchase payments allocated to a variable subaccount; plus
2. any amounts transferred to a variable subaccount; less
3. any amounts transferred from a variable subaccount; less
4. any amounts deducted from a variable subaccount for surrenders, contract
administrative charges or any rider charges.
CONTRACT VALUE IN THE REGULAR FIXED ACCOUNT
The Contract Value in the Regular Fixed Account at any time will be the total
of:
1. purchase payments allocated to the Regular Fixed Account, plus interest
credited; plus
2. any amounts transferred to the Regular Fixed Account, plus interest
credited; less
3. any amounts transferred from the Regular Fixed Account; less
4. any amounts deducted from the Regular Fixed Account for surrenders,
contract administrative charges or any rider charges.
CONTRACT VALUE IN THE SPECIAL DCA FIXED ACCOUNT
The Contract Value in the Special DCA Fixed Account at any time will be the
total of:
1. purchase payments allocated to the Special DCA Fixed Account, plus
interest credited; less
2. any amounts transferred from the Special DCA Fixed Account; less
3. any amounts deducted from the Special DCA Fixed Account for surrenders,
contract administrative charges or any rider charges.
CONTRACT ADMINISTRATIVE CHARGE
We charge a fee for establishing and maintaining Our records for this contract.
The charge per year is shown under Contract Data and is deducted from the
Contract Value at the end of each contract year or, if earlier, when the
contract is fully surrendered. The charge deducted will be prorated among all
accounts in the same proportion Your interest in each bears to the total
Contract Value.
We reserve the right to adjust this charge after the first Contract Anniversary
but the charge will never exceed the amount shown under Contract Data. We waive
or reduce the annual contract administrative charge for any contract year where
the Contract Value immediately prior to the deduction of the charge equals or
exceeds the amount shown under Contract Data.
If You make a full surrender of this contract, We deduct the full contract
administrative charge at the time of full surrender regardless of Contract
Value.
The charge does not apply to the amount applied to an annuity payment plan or to
the death benefit.
PREMIUM TAX CHARGES
We reserve the right to assess a charge against the Contract Value of this
contract for any premium tax assessed to Us by a federal, state or local
government. This charge could be deducted when You make purchase payments, or
make a full surrender of the Contract Value or on the Annuitization Start Date.
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TRANSFERS OF CONTRACT VALUES
While this contract is in force prior to the Annuitization Start Date, transfers
of Contract Values may be made as outlined below unless Contract Values are
required to be allocated to certain accounts or variable subaccounts under the
terms of certain optional benefit riders, if any, attached to this contract.
1. You may transfer all or a part of the values held in one or more of the
variable subaccounts to another one or more of the variable subaccounts.
You may also transfer values held in one or more of the variable
subaccounts to the Regular Fixed Account, subject to items 2 and 4 below.
2. On or within the 30 Days before or after a Contract Anniversary You may
transfer values from the Regular Fixed Account to one or more of the
variable subaccounts. This amount shall not exceed the Regular Fixed
Account transfer limit shown under Contract Data. We reserve the right to
change this percentage at any time on a non-discriminatory basis with
notification. If such a transfer is made, You may not transfer amounts
from any variable subaccount to the Regular Fixed Account for six months
after such a transfer.
3. You may transfer from the Special DCA Fixed Account to the other accounts
as explained in the Special DCA Fixed Account provision, shown below. If
You terminate automated transfers from the Special DCA Fixed Account, You
may not transfer amounts from any variable subaccount to the Regular Fixed
Account for six months after such a transfer. You may not transfer values
from any account into the Special DCA Fixed Account.
4. Amounts transferred to the Regular Fixed account shall not exceed the
limit shown under Contract Data. We reserve the right to change this
percentage at any time on a non-discriminatory basis with notification.
You may make a transfer by Written Request. Telephone transfers may also be made
according to telephone procedures or automated transfer procedures that are then
currently in effect, if any. There is no fee or charge for these transfers.
However, the minimum transfer amount is $250, or if less, the entire value in
the account from which the transfer is being made. Smaller minimums may apply to
automated transfer procedures.
We may suspend or modify Your transfer privileges at any time. The right to
transfer Contract Values among the variable subaccounts and between the variable
subaccounts and other accounts is also subject to modification or restriction if
We determine, at Our sole discretion, that the exercise of that right by You is,
or would be, to the disadvantage of other contract owners. Additionally, We
reserve the right to modify or restrict transfer privileges if required to
comply with the written instructions of a fund. Any modification or restriction
could be applied to transfers to or from some or all of the variable subaccounts
and other accounts.
These modifications could include, but are not limited to:
1. the requirements of a minimum time period between each transfer,
2. not accepting transfer requests of an agent acting under a power of
attorney on behalf of more than one contract owner,
3. suspending or terminating automatic transfer programs, or
4. limiting the dollar amount that You may transfer between the variable
subaccounts and other accounts at any one time.
We may apply these modifications or restrictions in any manner reasonably
designed to prevent any use of the transfer right We consider to be to the
disadvantage of other contract owners.
DOLLAR COST AVERAGING (DCA)
You may authorize the automated transfer of specified amounts, according to the
rules then currently in effect, at the interval You select, from the Regular
Fixed Account (subject to transfer limits shown under Contract Data) or any
variable subaccount, to any other variable subaccount other than the source
account. You may terminate automated transfers at any time.
SPECIAL DCA FIXED ACCOUNT
You may also allocate new purchase payments to the Special DCA Fixed Account.
You may authorize the automatic transfer of amounts on a monthly basis from the
Special DCA Fixed Account to any of the variable subaccount(s) or any asset
allocation model. (Transfers from the Special DCA Fixed account to the Regular
Fixed Account are not allowed.) All amounts allocated to the Special DCA Fixed
Account will be transferred out within the specified Special DCA Fixed Account
time period You elect from the time periods We make available.
If You terminate automated transfers from the Special DCA Fixed Account, the
entire Special DCA Fixed Account balance will immediately be transferred
according to Your Special DCA Fixed Account allocation instructions that are
then in effect. If Your current Special DCA allocation instructions include a
fund to which allocations are restricted and You do not provide new
instructions, We will transfer amounts pro rata according to the valid portion
of Your allocation instructions.
411380 Page 14 (04/2013)
SURRENDER PROVISIONS
SURRENDER
By Written Request or other method agreed to by Us and subject to the rules
below You may:
1. surrender this contract for the full surrender value; or
2. surrender part of this contract for a partial surrender.
RULES FOR SURRENDER
All surrenders will have the following conditions.
1. You must send Us Your Written Request (or other method agreed to by Us):
a. while this contract is in force; and
b. while all Owners are living; and
c. prior to the Annuitization Start Date.
2. Unless We agree otherwise, You must surrender an amount equal to at least
$250. The Contract Value after a partial surrender must be at least $500.
3. For surrenders from the variable subaccounts, the amount surrendered, less
any charges, will be paid to You within seven Days of the receipt of Your
Written Request, unless subject to the Suspension or Delay in Payment of
Surrender provision.
For surrenders from the Fixed Account, the amount surrendered, less any
charges, will normally be paid to You within seven Days of the receipt of
Your Written Request and the return of this contract, if required.
Following any required regulatory approval, We have the right to defer
payment for up to six months from the date We receive Your request. In
such circumstance, We will notify You of the reason for the delay, the
effective date of the surrender, and the surrender value as of the date of
Your request.
4. For partial surrenders, if You do not specify from which account the
surrender is to be made, the surrender will be made from all accounts in
the same proportion as Your interest in each bears to the Contract Value.
5. If You die following a surrender request, payment will be made to Your
estate.
6. Any amounts surrendered, including any related charges, cannot be repaid.
Upon surrender for the full surrender value this contract will terminate. We may
require that You return the contract to Us before We pay the full surrender
value.
SURRENDER VALUE
The full surrender value at any time will be:
1. the Contract Value immediately prior to the surrender;
2. minus the full contract administrative charge and any rider charges that
are deducted for a full surrender;
3. minus any surrender charge.
For a partial surrender, We will determine the amount of Your Contract Value
that needs to be surrendered, which after any surrender charge, will equal the
amount You requested. We pay You the amount You requested.
SURRENDER CHARGE
A surrender charge may apply in the event You surrender some or all of Your
Contract Value. The surrender charge schedule for Your contract is shown under
Contract Data. A surrender charge applies if You surrender purchase payments
received that are still in the surrender charge period. Refer to Waiver of
Surrender Charges for situations when surrender charges are not deducted.
We determine Your surrender charge by multiplying the amount of each purchase
payment surrendered which could be subject to a surrender charge by the
applicable surrender charge percentage, and then totaling the surrender charges.
The amount that represents purchase payments surrendered is calculated using a
prorated formula based on the percentage of Your Contract Value being
surrendered. As a result, the amount that represents purchase payments
surrendered may be greater than Your Contract Value surrendered. We determine
the amount that represents purchase payments surrendered (PPS), purchase
payments not subject to a surrender charge (PPF), and purchase payments which
could be subject to a surrender charge (PPSC) by the following formula:
PPS = PPSC + PPF
PPSC = (PS - FA) X (PP - PPF)
-------
CV - FA
PPF = FA - "contract earnings", but not less than zero
PP = Purchase payments not previously surrendered (total purchase
payments - PPS)
PS = Amount the Contract Value is reduced by the surrender
FA = the "total free amount"
CV = Contract Value prior to the surrender
411380 Page 15 (04/2013)
DEFINITION OF "CONTRACT EARNINGS": With respect to these surrender provisions,
"contract earnings" is defined as the Contract Value, less purchase payments not
previously surrendered, but not less than zero.
With respect to these surrender provisions, "contract earnings" are surrendered
first followed by purchase payments. After calculating the amount of purchase
payments surrendered, We use the surrender order described below to determine
the surrender charge.
DEFINITION OF "TOTAL FREE AMOUNT"*: the greater of:
a. "contract earnings", or
b. the CV Waiver Percentage shown under Contract Data multiplied
by Your prior Contract Anniversary Contract Value, less any
prior surrenders taken in the current contract year.
* During the first contract year, "total free amount" is the greater of:
a. "contract earnings", or
b. the CV Waiver Percentage shown under Contract Data multiplied
by all purchase payments applied prior to Your surrender
request, less any amounts surrendered prior to Your surrender
request that represent the "total free amount".
PURCHASE PAYMENT SURRENDER ORDER
For purposes of determining any surrender charge, purchase payments are
surrendered in the following order.
1. First, purchase payments not subject to a surrender charge (PPF) are
surrendered on a first-in, first-out basis. (No surrender charge).
2. Next, purchase payments that may be subject to a surrender charge (PPSC)
are surrendered from purchase payments beyond the surrender charge period
on a first-in, first-out basis. (No Surrender Charge)
3. Finally, any additional purchase payments that may be subject to a
surrender charge (PPSC) are surrendered from purchase payments still in a
surrender charge period on a first-in, first-out basis to minimize the
surrender charge that applies to these payments.
WAIVER OF SURRENDER CHARGES
Surrender charges are waived for all of the following.
1. In each contract year, the "total free amount" as defined in the Surrender
Charge provision; and
2. death benefit payments made in the event of Your death; and
3. amounts applied to an annuity payment plan; and
4. for Tax Qualified Contracts other than Inherited IRAs, amounts surrendered
to meet applicable minimum distribution requirements under the Code to the
extent they exceed amounts waived under item 1 of this provision (NOTE:
Amounts surrendered under this waiver provision are limited to applicable
required minimum distributions for this contract only and to one time per
year unless We agree otherwise.); and
5. exercise of the Waiver of Surrender Charges upon Hospital or Nursing Home
Confinement provision described below; and
6. exercise of the Waiver of Surrender Charges upon Terminal Illness
Diagnosis provision described below.
Surrender proceeds will not be disbursed until we notify You of any denial of
Your request for waiver of surrender charges and give You the opportunity to
accept or reject surrender proceeds.
SUSPENSION OR DELAY IN PAYMENT OF SURRENDER AMOUNT
We have the right to suspend or delay the date of any surrender payment from the
variable subaccounts for any period:
1. when the New York Stock Exchange is closed; or
2. when trading on the New York Stock Exchange is restricted; or
3. when an emergency exists as a result of which:
a. disposal of securities held in the variable subaccounts is not
reasonably practical; or
b. it is not reasonably practical to fairly determine the value of the
net assets of the variable subaccounts; or
4. during any other period when the Securities and Exchange Commission, by
order, so permits for the protection of security holders.
Rules and regulations of the Securities and Exchange Commission will govern as
to whether the conditions set forth in 2 and 3 exist.
411380 Page 16 (04/2013)
WAIVER OF SURRENDER CHARGES UPON HOSPITAL OR NURSING HOME CONFINEMENT
If You are the Hospitalization/Nursing Home Waiver Benefit Age (shown under
Contract Data) or younger on the Contract Date, surrender charges will be waived
providing the following requirements are met:
1. The amount surrendered is paid directly to You; and
2. We receive satisfactory written proof as described below that You are
confined in a nursing home or hospital; and
3. such confinement has lasted for 60 straight Days or began within 30 Days
following a 60 Day confinement; and
4. such confinement began after the Contract Date of this contract; and
5. We receive Your surrender request no later than 91 Days after the release
from the hospital or nursing home.
To qualify, a letter of proof must:
1. be signed by Your licensed physician or the hospital or nursing home
administrator; and
2. be on appropriate medical letterhead; and
3. specify the confinement dates; and
4. if hospital confinement, specify hospital name, address and that it is
operated pursuant to state and federal law; or
5. if nursing home confinement, specify nursing home name, address and that
it meets the following definition of a nursing home.
DEFINITION OF NURSING HOME: To qualify, the nursing home must be a facility or
distinctly separate part of a hospital or other institution which is licensed by
the appropriate licensing agency to engage primarily in providing nursing care
and related services to inpatients; and:
1. provide 24 hour a day nursing service under a planned program of policies
and procedures which was developed with the advice of, and is periodically
reviewed and executed by, a professional group of at least one doctor and
one nurse; and
2. have a doctor on duty or on call at all times to furnish medical care in
case of emergency; and
3. have at least one nurse who is employed there full time (or at least 24
hours per week if the facility has less than 10 beds); and
4. have a nurse on duty or on call at all times; and
5. maintain clinical records for all patients; and
6. have appropriate methods and procedures for handling and administering
drugs and biologicals.
If an institution or facility has multiple licenses or purposes, a portion,
ward, wing or unit thereof will qualify as a nursing home only if it meets all
of the above criteria, is authorized by license to provide nursing care to
inpatients, and is engaged principally in providing such nursing care in
accordance with that license.
DEFINITION OF DOCTOR: A doctor is a physician, as defined in section 1861(r)(1)
of the Federal Social Security Act, acting within the scope of his or her
license in the state of licensure.
DEFINITION OF NURSE: A nurse is a registered professional nurse, acting within
the scope of his or her license in the state of licensure.
WAIVER OF SURRENDER CHARGES UPON TERMINAL ILLNESS DIAGNOSIS
If You are the TI Waiver Benefit Age (shown under Contract Data) or younger on
the Contract Date, surrender charges will be waived providing the following
requirements are met:
1. The amount surrendered is paid directly to You; and
2. We receive satisfactory written proof as described below that You are
diagnosed with a medical condition that with reasonable medical certainty
will result in death within 12 months or less from the date of the
diagnosis; and
3. such diagnosis occurred on or after the first Contract Anniversary.
You must provide Us with a letter of proof when You request the surrender. Your
surrender request may be sent to Us any time after the terminal illness
diagnosis and before a death benefit is payable.
To qualify, the letter of proof must:
1. be signed by Your physician who is legally qualified and licensed to
practice medicine in his/her state of residence and is operating within
the scope of that license; and
2. be on appropriate medical letterhead; and
3. specify the terminal illness, the expected date of death and the date the
terminal illness was initially diagnosed.
411380 Page 17 (04/2013)
ANNUITY PROVISIONS
ANNUITY PAYMENT
The Annuitization Start Date is the date shown under Contract Data. It can be
changed by You as provided below. On the Annuitization Start Date, the amount
applied to an annuity payment plan will be the Contract Value after any rider
charges are deducted.
The first payment will be made as provided by the selected plan. Before the
first payment is sent, We will require satisfactory proof of the Annuitant's age
and that the Annuitant is alive. We may also require that You exchange this
contract for a supplemental contract which provides the annuity payments.
CHANGE OF ANNUITIZATION START DATE
You may change the Annuitization Start Date shown under Contract Data by Written
Request or other method agreed to by Us. If You select a new date, it must be at
least 30 Days after We receive Your request.
The Annuitization Start Date must be on or before the latest of:
1. Your 95th birthday, or
2. the 10th Contract Anniversary, or
3. such other date as agreed upon by Us.
ANNUITY PAYMENT PLANS
Annuity payments may be made on a fixed dollar basis, a variable basis or a
combination of both. You can schedule receipt of annuity payments according to
one of the Plans A through D below or another plan agreed to by Us.
PLAN A -- LIFE INCOME NON-REFUND. This provides monthly annuity payments during
the lifetime of the Annuitant. No payments will be made after the Annuitant
dies.
PLAN B -- LIFE INCOME WITH GUARANTEED PERIOD.
This provides monthly annuity payments during the lifetime of the Annuitant with
a guarantee by Us that payments will be made for at least five, 10 or 15 years
whether or not the Annuitant is living. You must select a guaranteed period, and
the minimum number of years payable is five years.
PLAN C -- LIFE INCOME WITH INSTALLMENT REFUND.
This provides monthly annuity payments during the lifetime of the Annuitant with
a guarantee by Us that payments will be made at least for a certain number of
months whether or not the Annuitant is living. We determine the number of months
by dividing the amount applied under this plan by the amount of the first
monthly annuity payment.
PLAN D -- JOINT AND SURVIVOR LIFE INCOME NON-REFUND. This provides monthly
annuity payments during the lifetime of the Annuitant and joint Annuitant. When
either the Annuitant or the joint Annuitant dies We will continue to make
monthly payments during the lifetime of the survivor. No payments will be made
after the death of both the Annuitant and joint Annuitant.
PLAN SELECTION
You may select the plan by Written Request, or other method agreed to by Us, at
least 30 Days before the Annuitization Start Date. If We have not received Your
Written Request to select a plan, the first annuity payment will be made 30 Days
after the Annuitization Start Date according to Plan B with monthly payments
guaranteed for ten years.
After the Annuitization Start Date, You cannot change to a different plan.
If the amount to be applied to a plan is less than $2,000 or would not provide
an initial monthly payment of at least $20, We have the right to change the
frequency of the payment or to make a lump sum payment of the amount that would
have been applied to a plan.
ALLOCATION OF CONTRACT VALUES TO PROVIDE FIXED AND VARIABLE PAYMENTS
On the Annuitization Start Date, You use the value described under the Annuity
Payment provision above, to provide Fixed Annuity and/or Variable Annuity
payments.
Unless We agree otherwise, You may use a maximum of ten variable subaccounts at
any one time. The Special DCA Fixed Account is not available on and after the
Annuitization Start Date. In addition, certain variable subaccounts may not be
available on and after the Annuitization Start date.
FIXED ANNUITY PAYMENTS
A Fixed Annuity is an annuity with payments which:
1. are guaranteed as to dollar amount; and
2. do not vary in amount based on the investment performance of the variable
subaccounts.
When annuity payments begin, amounts You allocate to provide fixed dollar
payments under Plans A, B, C and D will be applied to the applicable Annuity
Payout Rates Table. This will be done in accordance with the payment plan
chosen. The minimum
411380 Page 18 (04/2013)
amount payable for each $1,000 so applied is shown in Table B under the Tables
of Annuity Payout Rates provision.
VARIABLE ANNUITY PAYMENTS
A Variable Annuity is an annuity with payments which:
1. are not predetermined or guaranteed as to dollar amount; and
2. vary in amount based on the investment performance of the variable
subaccounts.
DETERMINATION OF THE FIRST VARIABLE ANNUITY PAYMENT
When annuity payments begin, the amounts You allocate to provide Variable
Annuity payments will be applied to the applicable Annuity Payout Rates Table.
This will be done:
1. on the Annuitization Start Date; and
2. in accordance with the payment plan chosen. The amount payable for the
first payment for each $1,000 so applied under Plans A, B, C and D is
shown in Table A under the Tables of Annuity Payout Rates provision.
VARIABLE ANNUITY PAYMENTS AFTER THE FIRST PAYMENT
Variable annuity payments after the first payment vary in amount. The amount
changes with the investment performance of the variable subaccounts. The dollar
amount of Variable Annuity payments after the first is not fixed. It may change
from month to month. The dollar amount of such payments is determined as
follows.
1. The dollar amount of the first annuity payment is divided by the value of
an Annuity Unit as of the Valuation Date on or next preceding the seventh
Day before the Annuitization Start Date. This result establishes the fixed
number of Annuity Units for each monthly annuity payment after the first
payment. This number of Annuity Units remains fixed during the annuity
payment period unless exchanged for units of any of the other variable
subaccounts as provided below.
2. The fixed number of Annuity Units is multiplied by the Annuity Unit value
as of the Valuation Date on or next preceding the seventh Day before the
date the payment is due. The result establishes the dollar amount of the
payment.
In order for the dollar amount of variable annuity payments not to decrease, the
assets of the variable account must have a 5% annualized investment return.
We guarantee that the dollar amount of each payment after the first will not be
affected by variations in expenses or mortality experience.
EXCHANGE OF ANNUITY UNITS
After the Annuitization Start Date, Annuity Units of any variable subaccount may
be exchanged for units of any of the other variable subaccounts. This may be
done no more than once in any contract year. Unless We agree otherwise You may
use a maximum of ten variable subaccounts at any one time. No exchanges may be
made to or from any Fixed Annuity after the Annuitization Start Date.
411380 Page 19 (04/2013)
TABLES OF ANNUITY PAYOUT RATES
Table A below shows the amount of the first monthly Variable Annuity payment,
based on a 5% assumed investment return, for each $1,000 of value applied under
Plans A, B, C and D. The amount of the first and all subsequent monthly fixed
dollar annuity payments for each $1,000 of value applied under Plans A, B, C and
D will be based on Our fixed dollar Table of Annuity Payout Rates in effect on
the Annuitization Start Date.
Such rates are guaranteed to be not less than those shown in Table B. The amount
of such annuity payments under Plans A, B and C will depend upon the gender and
Attained Age of the Annuitant on the Annuitization Start Date. The amount of
such annuity payments under Plan D will depend upon the gender and the Attained
Age of the Annuitant and the joint Annuitant on the Annuitization Start Date.
TABLE A - DOLLAR AMOUNT OF FIRST MONTHLY VARIABLE ANNUITY PAYMENT
PER $1,000 APPLIED
PLAN A PLAN B PLAN C PLAN D
------------- ----------------------------------------------- -------------- ----------------
Age Life Income with Life Income Joint & Survivor
at Beginning Life Income Five Years Ten Years Fifteen Years Installment Non-Refund
Annuit- In Non-Refund Certain Certain Certain Refund Male & Female
ization Year Male Female Male Female Male Female Male Female Male Female Same Age
--------- --------- ----- ------ ----- ------ ----- --------- ---- ------ ----- ------ ----------------
Age 65 2015 6.33 5.84 6.28 5.82 6.15 5.76 5.95 5.65 6.00 5.66 5.30
2020 6.24 5.77 6.20 5.75 6.09 5.70 5.90 5.60 5.94 5.61 5.26
2025 6.16 5.71 6.13 5.69 6.02 5.64 5.85 5.55 5.88 5.55 5.21
2030 6.09 5.65 6.05 5.63 5.96 5.59 5.80 5.51 5.82 5.51 5.18
2035 6.01 5.59 5.99 5.58 5.90 5.54 5.75 5.47 5.77 5.46 5.14
2040 5.95 5.54 5.92 5.52 5.84 5.49 5.71 5.42 5.72 5.42 5.11
Age 75 2015 8.34 7.56 8.13 7.45 7.59 7.14 6.91 6.68 7.43 6.97 6.50
2020 8.17 7.41 7.98 7.32 7.49 7.04 6.86 6.62 7.32 6.87 6.40
2025 8.02 7.28 7.84 7.19 7.39 6.94 6.81 6.56 7.22 6.78 6.32
2030 7.87 7.16 7.71 7.08 7.30 6.85 6.75 6.50 7.12 6.69 6.24
2035 7.73 7.04 7.59 6.97 7.21 6.76 6.70 6.45 7.03 6.61 6.16
2040 7.60 6.93 7.47 6.87 7.12 6.68 6.65 6.39 6.94 6.53 6.09
Age 85 2015 12.33 11.39 11.26 10.65 9.29 9.06 7.64 7.58 9.91 9.45 9.09
2020 12.00 11.07 11.04 10.41 9.21 8.96 7.62 7.56 9.74 9.28 8.89
2025 11.70 10.77 10.83 10.19 9.13 8.87 7.60 7.53 9.57 9.11 8.70
2030 11.42 10.50 10.63 9.98 9.04 8.77 7.58 7.51 9.42 8.95 8.53
2035 11.15 10.24 10.44 9.78 8.96 8.67 7.56 7.48 9.28 8.80 8.37
2040 10.90 10.01 10.26 9.59 8.88 8.58 7.55 7.46 9.14 8.67 8.23
Age 95 2015 20.42 19.49 15.45 15.13 10.37 10.34 7.82 7.82 14.49 14.05 14.63
2020 19.94 18.97 15.32 14.97 10.36 10.33 7.82 7.82 14.33 13.87 14.34
2025 19.50 18.48 15.20 14.82 10.36 10.32 7.82 7.81 14.17 13.69 14.07
2030 19.09 18.03 15.08 14.67 10.35 10.31 7.82 7.81 14.03 13.52 13.82
2035 18.70 17.61 14.96 14.53 10.34 10.30 7.82 7.81 13.90 13.37 13.59
2040 18.33 17.22 14.84 14.39 10.34 10.29 7.82 7.81 13.76 13.23 13.38
Age 100 2015 28.93 27.60 17.47 17.28 10.50 10.49 7.82 7.82 18.76 18.14 20.41
2020 28.76 27.41 17.46 17.26 10.50 10.49 7.82 7.82 18.72 18.10 20.31
2025 28.59 27.22 17.45 17.25 10.50 10.49 7.82 7.82 18.69 18.06 20.22
2030 28.42 27.04 17.44 17.24 10.50 10.49 7.82 7.82 18.65 18.02 20.13
2035 28.26 26.86 17.44 17.22 10.50 10.49 7.82 7.82 18.62 17.98 20.04
2040 28.10 26.69 17.43 17.21 10.50 10.49 7.82 7.82 18.58 17.94 19.96
Table A above is based on the "Annuity 2000 Mortality Table" with 100%
Projection Scale G and a 5% assumed investment return. Annuity Payment rates
for any year, age, or any combination of year, age and gender not shown above,
will be calculated on the same basis as those rates shown in the Table above.
Such rates will be furnished by Us upon request.
411380 Page 20 (04/2013)
Fixed Dollar annuity payments under Plans A, B, C and D will not be less than
those shown in Table B. In addition, the amount of such payments will not be
less than that which would be provided if a single payment immediate annuity
contract then offered by Us to Annuitants in the same class were to be purchased
with the surrender value of the contract.
TABLE B - DOLLAR AMOUNT OF EACH MONTHLY FIXED DOLLAR ANNUITY PAYMENT
PER $1,000 APPLIED
PLAN A PLAN B PLAN C PLAN D
------------- ----------------------------------------------- -------------- ----------------
Age Life Income with Life Income Joint & Survivor
at Beginning Life Income Five Years Ten Years Fifteen Years Installment Non-Refund
Annuit- In Non-Refund Certain Certain Certain Refund Male & Female
ization Year Male Female Male Female Male Female Male Female Male Female Same Age
--------- --------- ----- ------ ----- ------ ----- --------- ---- ------ ----- ------ ----------------
Age 65 2015 4.03 3.59 4.01 3.58 3.93 3.55 3.80 3.49 3.36 3.16 3.13
2020 3.95 3.53 3.93 3.52 3.86 3.49 3.74 3.43 3.32 3.13 3.08
2025 3.87 3.47 3.85 3.46 3.80 3.43 3.69 3.38 3.28 3.09 3.04
2030 3.80 3.41 3.78 3.40 3.73 3.38 3.63 3.33 3.24 3.05 3.00
2035 3.73 3.35 3.72 3.35 3.67 3.33 3.58 3.28 3.20 3.02 2.96
2040 3.67 3.30 3.66 3.30 3.61 3.28 3.53 3.24 3.17 2.99 2.93
Age 75 2015 5.99 5.30 5.87 5.24 5.49 5.03 4.92 4.66 4.45 4.19 4.40
2020 5.84 5.16 5.72 5.11 5.38 4.92 4.86 4.60 4.38 4.13 4.31
2025 5.69 5.04 5.59 4.99 5.28 4.83 4.80 4.53 4.31 4.07 4.22
2030 5.55 4.92 5.46 4.88 5.18 4.73 4.74 4.46 4.25 4.01 4.14
2035 5.43 4.82 5.34 4.78 5.09 4.65 4.68 4.40 4.19 3.96 4.07
2040 5.30 4.71 5.23 4.68 5.00 4.56 4.62 4.34 4.14 3.91 4.00
Age 85 2015 9.88 9.02 9.10 8.48 7.39 7.14 5.77 5.71 6.30 6.02 7.00
2020 9.58 8.72 8.88 8.25 7.30 7.04 5.75 5.68 6.19 5.92 6.81
2025 9.30 8.44 8.67 8.03 7.21 6.93 5.73 5.66 6.10 5.83 6.63
2030 9.03 8.19 8.47 7.83 7.12 6.83 5.71 5.63 6.02 5.74 6.47
2035 8.78 7.95 8.28 7.63 7.04 6.73 5.69 5.60 5.94 5.66 6.32
2040 8.55 7.73 8.10 7.45 6.95 6.63 5.67 5.57 5.86 5.59 6.19
Age 95 2015 17.92 17.02 13.57 13.23 8.60 8.56 5.98 5.97 9.82 9.50 12.54
2020 17.48 16.52 13.44 13.07 8.59 8.55 5.98 5.97 9.73 9.41 12.26
2025 17.06 16.06 13.31 12.91 8.59 8.54 5.98 5.97 9.66 9.33 12.01
2030 16.67 15.64 13.19 12.76 8.58 8.53 5.98 5.97 9.59 9.26 11.78
2035 16.31 15.25 13.07 12.62 8.57 8.52 5.98 5.97 9.52 9.19 11.56
2040 15.97 14.89 12.95 12.48 8.56 8.51 5.98 5.97 9.46 9.11 11.36
Age 100 2015 26.42 25.09 15.74 15.53 8.74 8.73 5.98 5.98 13.01 12.56 18.30
2020 26.25 24.91 15.73 15.51 8.74 8.73 5.98 5.98 12.99 12.54 18.21
2025 26.09 24.74 15.72 15.50 8.74 8.73 5.98 5.98 12.97 12.52 18.12
2030 25.94 24.57 15.71 15.48 8.74 8.73 5.98 5.98 12.95 12.50 18.04
2035 25.79 24.40 15.70 15.47 8.74 8.73 5.98 5.98 12.93 12.48 17.95
2040 25.64 24.24 15.69 15.46 8.74 8.73 5.98 5.98 12.92 12.46 17.87
Table B above is based on the "Annuity 2000 Mortality Table" with 100%
Projection Scale G at 1.0% annual effective interest rate. Annuity Payment rates
for any year, age, or any combination of year, age and gender not shown above,
will be calculated on the same basis as those rates shown in the Table above.
Such rates will be furnished by Us upon request.
411380 Page 21 (04/2013)
DEFERRED ANNUITY CONTRACT
RIVERSOURCE LIFE (RIVERSOURCE ANNUITIES LOGO)
INSURANCE COMPANY
Offices:
70100 Ameriprise Financial Center
Minneapolis, MN 55474
Flexible Purchase Payments -- Subject to Limitations
Optional Fixed Dollar or Variable Accumulation Values and Annuity Payments
Annuity Payments Begin on the Annuitization Start Date
This Contract is Nonparticipating -- Dividends Are Not Payable
Surrender Charges May Be Waived under Specified Conditions
CONTRACT DATA
Deferred Annuity Contract: RIVERSOURCE(R) RAVA 5 ADVANTAGE(R) VARIABLE ANNUITY
Contract Number: 9920-SAMPLE Contract Date: May 1, 2013
Annuitant: John Doe Annuitization Start Date: May 1, 2073
Contract Owner: John Doe Age at Issue: 35
Application Signed State/Contract Delivery State: state
State Insurance Department: 800-ZZZ-ZZZZ
Initial Purchase Payment: $25,000 Contract Type: Non-Qualified
Scheduled Purchase Payment:
Annual Amount: NA
Maximum Purchase Payments Permitted:
1st Contract Year and Total:
- Under age 86: $1,000,000
- Age 86 or older and under age 91: $ 100,000
- Age 91 or older: $ 0
Each Contract Year thereafter:
- Under age 86: $ 100,000
- Age 86 or older and under age 91: $ 50,000
- Age 91 or older: $ 0
Minimum Additional Purchase Payment: $ 50
Minimum Purchase Payment or Transfer Amount
to any Guarantee Period Account: $ 1,000
Purchase Payment Credits: Not available with this contract
Upon issuance of this contract your purchase payments have been scheduled to be
paid and applied to the Fixed Account, Guarantee Period Accounts and variable
subaccounts investing in funds as shown below. You may change the amount,
frequency and allocations as provided in this contract. Refer to the Purchase
Payments provision.
Payment
Allocation
Allocation Percentage
---------- ----------
FIXED ACCOUNT
Regular Fixed Account ___%
6-month Special DCA Fixed Account ___%
12-month Special DCA Fixed Account ___%
GUARANTEE PERIOD ACCOUNTS (GPA)
1 Year Guarantee Period Account ___%
2 Year Guarantee Period Account ___%
3 Year Guarantee Period Account ___%
4 Year Guarantee Period Account ___%
5 Year Guarantee Period Account ___%
6 Year Guarantee Period Account ___%
7 Year Guarantee Period Account ___%
8 Year Guarantee Period Account ___%
9 Year Guarantee Period Account ___%
10 Year Guarantee Period Account ___%
AIM V.I.
Capital Appreciation Fund, Series II Shares ___%
Capital Development Fund, Series II Shares ___%
Global Health Care Fund, Series II Shares ___%
International Growth Fund, Series II Shares ___%
ALLIANCEBERNSTEIN VPS
Global Technology Portfolio (Class B) ___%
Growth and Income Portfolio (Class B) ___%
International Value Portfolio (Class B) ___%
AMERICAN CENTURY VP
Mid Cap Value, Class II ___%
Ultra(R), Class II ___%
Value, Class II ___%
ICC12 411380-DPRA57 Page 3.0 A(04/2013)
CONTRACT DATA - Continued
Contract Number: 9920-SAMPLE Contract Date: May 1, 2013
Payment
Allocation
Allocation Percentage
-------------------------------------------------- ----------
CAMBRIDGE FUNDS
Cambridge Conservative Fund ___%
Cambridge Moderate Fund ___%
Cambridge Aggressive Fund ___%
COLUMBIA
High Yield Fund, Variable Series, Class B ___%
Marsico Growth Fund, Variable Series, Class A ___%
Marsico International Opportunities Fund, Variable
Series, Class B ___%
Small Cap Value Fund, Variable Series, Class B ___%
CREDIT SUISSE TRUST -
Commodity Return Strategy Portfolio ___%
DREYFUS
VIF International Equity Portfolio, Service Shares ___%
VIF International Value Portfolio, Service Shares ___%
EATON VANCE VT
Floating-Rate Income Fund ___%
FIDELITY(R) VIP
Contrafund(R) Portfolio Service Class 2 ___%
Investment Grade Bond Portfolio Service Class 2 ___%
Mid Cap Portfolio Service Class 2 ___%
Overseas Portfolio Service Class 2 ___%
FRANKLIN TEMPLETON VIP TRUST
Franklin Income Securities Fund - Class 2 ___%
Templeton Global Income Securities Fund - Class 2 ___%
Templeton Growth Securities Fund - Class 2 ___%
GOLDMAN SACHS VIT
Mid Cap Value Fund - Institutional Shares ___%
Structured U.S. Equity Fund - Institutional Shares ___%
JANUS ASPEN SERIES
Large Cap Growth Portfolio: Service Shares ___%
LEGG MASON PARTNERS VARIABLE
Small Cap Growth Portfolio, Class I ___%
MFS(R)
Total Return Series - Service Class ___%
Utilities Series - Service Class ___%
OPPENHEIMER
Capital Appreciation Fund/VA, Service Shares ___%
Global Securities Fund/VA, Service Shares ___%
Main Street Small Cap Fund/VA, Service Shares ___%
Strategic Bond Fund/VA, Service Shares ___%
PIMCO VIT
All Asset Portfolio, Advisor Share Class ___%
RIVERSOURCE VARIABLE SERIES TRUST
DISCIPLINED ASSET ALLOCATION(SM) PORTFOLIOS
Conservative ___%
Moderately Conservative ___%
Moderate ___%
Moderately Aggressive ___%
Aggressive ___%
RIVERSOURCE(R) PARTNERS VP
Fundamental Value Fund ___%
Select Value Fund ___%
Small Cap Value Fund ___%
RIVERSOURCE(R) VP
Cash Management Fund ___%
Diversified Bond Fund ___%
Diversified Equity Income Fund ___%
Global Inflation Protected Securities Fund ___%
Growth Fund ___%
High Yield Bond Fund ___%
Income Opportunities Fund ___%
Large Cap Equity Fund ___%
Mid Cap Value Fund ___%
S&P 500 Index Fund ___%
Short Duration U.S. Government Fund ___%
THREADNEEDLE(R) VP
Emerging Markets Fund ___%
International Opportunity Fund ___%
VAN KAMPEN LIT
Comstock Portfolio Class II Shares ___%
VAN KAMPEN UIF
Global Real Estate Portfolio, Class II Shares ___%
Mid Cap Growth Portfolio, Class II Shares ___%
WANGER
International ___%
USA ___%
ICC12 411380-DPRA57 Page 3.1 A(04/2013)
CONTRACT DATA - Continued
Contract Number: 9920-SAMPLE Contract Date: May 1, 2013
Fixed Account Minimum Interest Rate: 1.00%
Any purchase payments allocated to the Regular Fixed Account on the
Contract Date will earn interest, for the first year, at the annual
effective rate of 1.00%. New rates may be declared from time to time.
Any purchase payments allocated to the 6-Month Special DCA fixed
account on the Contract Date will earn interest at the annual
effective rate of 1.00%. New rates may be declared from time to time.
Any purchase payments allocated to the 12-Month Special DCA fixed
account on the Contract Date will earn interest at the annual
effective rate of 1.00%. New rates may be declared from time to time.
MVA Risk Factor: 0.001
See Guarantee Period Accounts endorsement, MVA formula.
CV Waiver Percentage: 10%
See the definition of "total free amount" in the Surrender Charge
provision.
Hospitalization/Nursing Home Waiver Benefit Age: 75
See Waiver of Surrender Charges upon Hospital or Nursing Home Confinement
provision.
TI Waiver Benefit Age: 100
See Waiver of Surrender Charges upon Terminal Illness Diagnosis provision.
ROPP Benefit Age: 79
See Payments to Beneficiaries provision.
Schedule of Surrender Charges: If you surrender all or a portion of this
contract, a surrender charge may apply. A surrender charge applies if all or
part of the Contract Value surrendered is from payments received during the
seven years before surrender.
Number of Completed Years from Surrender Charge Percentage
Date of Each Purchase Payment Applied to Each Purchase Payment
------------------------------ --------------------------------
0 7.0%
1 7.0%
2 7.0%
3 6.0%
4 5.0%
5 4.0%
6 2.0%
7 + 0.0%
You may surrender the greater of (1) your prior contract anniversary Contract
Value multiplied by the CV Waiver Percentage shown above or (2) contract
earnings each contract year without incurring a surrender charge. Refer to the
Surrender Provisions.
ICC12 411380-DPRA57 Page 3.2 A(04/2013)
CONTRACT DATA - Continued
Contract Number: 9920-SAMPLE Contract Date: May 1, 2013
Annual Mortality and Expense Risk Fee:
Through the 10th Contract Anniversary(1)(2)
Base Fee + Optional Death Benefit Rider Fee = Total M&E Fee
1.10% + 0% = 1.10% of the daily net asset value
After the 10th Contract Anniversary(1)(2)
Base Fee + Optional Death Benefit Rider Fee = Total M&E Fee
0.95% + 0% = 0.95% of the daily net asset value
(1) If the Annuitization Start Date is prior to or on the 10th Contract
Anniversary, the Base Fee will not decrease after the 10th Contract
Anniversary.
(2) To determine which Base Fee applies, use the Contract Anniversary on the
original Contract Date: XX/XX/XXXX.
Annual Variable Account Administrative Charge: 0% of the daily net asset value
Contract Administrative Charge:
Initial Annual Charge $30
We reserve the right to adjust this charge after the first
contract anniversary, but the charge will never exceed $50.
Initial Annual Charge if contract value equals or exceeds $50,000 $ 0
We reserve the right to charge up to $20 after the first
contract anniversary. See Contract Administrative Charge
provision.
Regular Fixed Account Purchase Payment and Transfer Limits:
1. Payments to the Regular Fixed Account are limited to 100% of each
payment. (There are no limits on payments to the Regular Fixed
Account if the payment is used to establish automated transfers
under a dollar cost averaging arrangement, unless this exception
is terminated on a nondiscriminatory basis with notification.)
2. Transfers to the Regular Fixed Account are limited to transfer
amounts which result in the Regular Fixed Account Contract Value
(after the transfer) being no more than 100% of the total
Contract Value. (There are no limits on transfers to the Regular
Fixed Account if the transfer is used to establish automated
transfers under a dollar cost averaging arrangement, unless this
exception is terminated on a nondiscriminatory basis with
notification.)
3. Transfers from the Regular Fixed Account (including automated
transfers under a dollar cost averaging arrangement) are limited
to the greater of:
a. $10,000; or
b. 30% of the Regular Fixed Account Contract Value at the
beginning of the contract year. All purchase payments
received into the Regular Fixed Account prior to Your
transfer request are considered Your beginning of
contract year value during the first contract year.
ICC12 411380-DPRA57 Page 3.3 A(04/2013)
CONTRACT DATA
Deferred Annuity Contract: RIVERSOURCE(R) RAVA 5 ADVANTAGE(R) VARIABLE ANNUITY
Contract Number: 9920-SAMPLE Contract Date: May 1, 2013
Annuitant: John Doe Annuitization Start Date: May 1, 2073
Contract Owner: John Doe Age at Issue: 35
Application Signed State/Contract Delivery State: state
State Insurance Department: 800-ZZZ-ZZZZ
Initial Purchase Payment: $25,000 Contract Type: Non-Qualified
Scheduled Purchase Payment:
Annual Amount: NA
Maximum Purchase Payments Permitted:
1st Contract Year and Total:
- Under age 86: $1,000,000
- Age 86 or older and under age 91: $ 100,000
- Age 91 or older: $ 0
Each Contract Year thereafter:
- Under age 86: $ 100,000
- Age 86 or older and under age 91: $ 50,000
- Age 91 or older: $ 0
Minimum Additional Purchase Payment: $ 50
Minimum Purchase Payment or Transfer Amount
to any Guarantee Period Account: $ 1,000
Purchase Payment Credits: Not available with this contract
Upon issuance of this contract your purchase payments have been scheduled to be
paid and applied to the Fixed Account, Guarantee Period Accounts and variable
subaccounts investing in funds as shown below. You may change the amount,
frequency and allocations as provided in this contract. Refer to the Purchase
Payments provision.
Payment
Allocation
Allocation Percentage
---------- -----------
FIXED ACCOUNT
Regular Fixed Account ___%
6-month Special DCA Fixed Account ___%
12-month Special DCA Fixed Account ___%
GUARANTEE PERIOD ACCOUNTS (GPA)
1 Year Guarantee Period Account ___%
2 Year Guarantee Period Account ___%
3 Year Guarantee Period Account ___%
4 Year Guarantee Period Account ___%
5 Year Guarantee Period Account ___%
6 Year Guarantee Period Account ___%
7 Year Guarantee Period Account ___%
8 Year Guarantee Period Account ___%
9 Year Guarantee Period Account ___%
10 Year Guarantee Period Account ___%
AIM V.I.
Capital Appreciation Fund, Series II Shares ___%
Capital Development Fund, Series II Shares ___%
Global Health Care Fund, Series II Shares ___%
International Growth Fund, Series II Shares ___%
ALLIANCEBERNSTEIN VPS
Global Technology Portfolio (Class B) ___%
Growth and Income Portfolio (Class B) ___%
International Value Portfolio (Class B) ___%
AMERICAN CENTURY VP
Mid Cap Value, Class II ___%
Ultra(R), Class II ___%
Value, Class II ___%
ICC12 411380-DPRA510 Page 3.0 A(04/2013)
CONTRACT DATA - Continued
Contract Number: 9920-SAMPLE Contract Date: May 1, 2013
Payment
Allocation
Allocation Percentage
-------------------------------------------------- ----------
CAMBRIDGE FUNDS
Cambridge Conservative Fund ___%
Cambridge Moderate Fund ___%
Cambridge Aggressive Fund ___%
COLUMBIA
High Yield Fund, Variable Series, Class B ___%
Marsico Growth Fund, Variable Series, Class A ___%
Marsico International Opportunities Fund, Variable
Series, Class B ___%
Small Cap Value Fund, Variable Series, Class B ___%
CREDIT SUISSE TRUST -
Commodity Return Strategy Portfolio ___%
DREYFUS
VIF International Equity Portfolio, Service Shares ___%
VIF International Value Portfolio, Service Shares ___%
EATON VANCE VT
Floating-Rate Income Fund ___%
FIDELITY(R) VIP
Contrafund(R) Portfolio Service Class 2 ___%
Investment Grade Bond Portfolio Service Class 2 ___%
Mid Cap Portfolio Service Class 2 ___%
Overseas Portfolio Service Class 2 ___%
FRANKLIN TEMPLETON VIP TRUST
Franklin Income Securities Fund - Class 2 ___%
Templeton Global Income Securities Fund - Class 2 ___%
Templeton Growth Securities Fund - Class 2 ___%
GOLDMAN SACHS VIT
Mid Cap Value Fund - Institutional Shares ___%
Structured U.S. Equity Fund - Institutional Shares ___%
JANUS ASPEN SERIES
Large Cap Growth Portfolio: Service Shares ___%
LEGG MASON PARTNERS VARIABLE
Small Cap Growth Portfolio, Class I ___%
MFS(R)
Total Return Series - Service Class ___%
Utilities Series - Service Class ___%
OPPENHEIMER
Capital Appreciation Fund/VA, Service Shares ___%
Global Securities Fund/VA, Service Shares ___%
Main Street Small Cap Fund/VA, Service Shares ___%
Strategic Bond Fund/VA, Service Shares ___%
PIMCO VIT
All Asset Portfolio, Advisor Share Class ___%
RIVERSOURCE VARIABLE SERIES TRUST
DISCIPLINED ASSET ALLOCATION(SM) PORTFOLIOS
Conservative ___%
Moderately Conservative ___%
Moderate ___%
Moderately Aggressive ___%
Aggressive ___%
RIVERSOURCE(R) PARTNERS VP
Fundamental Value Fund ___%
Select Value Fund ___%
Small Cap Value Fund ___%
RIVERSOURCE(R) VP
Cash Management Fund ___%
Diversified Bond Fund ___%
Diversified Equity Income Fund ___%
Global Inflation Protected Securities Fund ___%
Growth Fund ___%
High Yield Bond Fund ___%
Income Opportunities Fund ___%
Large Cap Equity Fund ___%
Mid Cap Value Fund ___%
S&P 500 Index Fund ___%
Short Duration U.S. Government Fund ___%
THREADNEEDLE(R) VP
Emerging Markets Fund ___%
International Opportunity Fund ___%
VAN KAMPEN LIT
Comstock Portfolio Class II Shares ___%
VAN KAMPEN UIF
Global Real Estate Portfolio, Class II Shares ___%
Mid Cap Growth Portfolio, Class II Shares ___%
WANGER
International ___%
USA ___%
ICC12 411380-DPRA510 Page 3.1 A(04/2013)
CONTRACT DATA - Continued
Contract Number: 9920-SAMPLE Contract Date: May 1, 2013
Fixed Account Minimum Interest Rate: 1.00%
Any purchase payments allocated to the Regular Fixed Account on the
Contract Date will earn interest, for the first year, at the annual
effective rate of 1.00%. New rates may be declared from time to time.
Any purchase payments allocated to the 6-Month Special DCA fixed account on
the Contract Date will earn interest at the annual effective rate of 1.00%.
New rates may be declared from time to time.
Any purchase payments allocated to the 12-Month Special DCA fixed account
on the Contract Date will earn interest at the annual effective rate of
1.00%. New rates may be declared from time to time.
MVA Risk Factor: 0.001
See Guarantee Period Accounts endorsement, MVA formula.
CV Waiver Percentage: 10%
See the definition of "total free amount" in the Surrender Charge
provision.
Hospitalization/Nursing Home Waiver Benefit Age: 75
See Waiver of Surrender Charges upon Hospital or Nursing Home Confinement
provision.
TI Waiver Benefit Age: 100
See Waiver of Surrender Charges upon Terminal Illness Diagnosis provision.
ROPP Benefit Age: 79
See Payments to Beneficiaries provision.
Schedule of Surrender Charges: If you surrender all or a portion of this
contract, a surrender charge may apply. A surrender charge applies if all or
part of the Contract Value surrendered is from payments received during the ten
years before surrender.
Number of Completed Years from Surrender Charge Percentage
Date of Each Purchase Payment Applied to Each Purchase Payment
------------------------------ --------------------------------
0 8.0%
1 8.0%
2 8.0%
3 7.0%
4 6.0%
5 5.0%
6 4.0%
7 3.0%
8 2.0%
9 1.0%
10 + 0.0%
You may surrender the greater of (1) your prior contract anniversary Contract
Value multiplied by the CV Waiver Percentage shown above or (2) contract
earnings each contract year without incurring a surrender charge. Refer to the
Surrender Provisions.
ICC12 411380-DPRA510 Page 3.2 A(04/2013)
CONTRACT DATA - Continued
Contract Number: 9920-SAMPLE Contract Date: May 1, 2013
Annual Mortality and Expense Risk Fee:
Base Fee + Optional Death Benefit Rider Fee = Total M&E Fee
.95% + 0% = .95% of the daily net asset value
Annual Variable Account Administrative Charge: 0% of the daily net asset value
Contract Administrative Charge:
Initial Annual Charge $30
We reserve the right to adjust this charge after the first contract
anniversary, but the charge will never exceed $50.
Initial Annual Charge if contract value equals or exceeds $50,000 $0
We reserve the right to charge up to $20 after the first contract
anniversary. See Contract Administrative Charge provision.
Regular Fixed Account Purchase Payment and Transfer Limits:
1. Payments to the Regular Fixed Account are limited to 100% of each
payment. (There are no limits on payments to the Regular Fixed Account
if the payment is used to establish automated transfers under a dollar
cost averaging arrangement, unless this exception is terminated on a
nondiscriminatory basis with notification.)
2. Transfers to the Regular Fixed Account are limited to transfer amounts
which result in the Regular Fixed Account Contract Value (after the
transfer) being no more than 100% of the total Contract Value. (There
are no limits on transfers to the Regular Fixed Account if the
transfer is used to establish automated transfers under a dollar cost
averaging arrangement, unless this exception is terminated on a
nondiscriminatory basis with notification.)
3. Transfers from the Regular Fixed Account (including automated
transfers under a dollar cost averaging arrangement) are limited to
the greater of:
a. $10,000; or
b. 30% of the Regular Fixed Account Contract Value at the
beginning of the contract year. All purchase payments
received into the Regular Fixed Account prior to Your
transfer request are considered Your beginning of contract
year value during the first contract year.
ICC12 411380-DPRA510 Page 3.3 A(04/2013)
EX-99.4.2
3
c30010exv99w4w2.txt
EX-99.4.2
RIVERSOURCE LIFE INSURANCE COMPANY
70100 Ameriprise Financial Center
Minneapolis, MN 55474
1-800-862-7919
DEFERRED ANNUITY CONTRACT
This is a deferred annuity contract. It is a legal contract between You, as the
Owner, and Us, RiverSource Life Insurance Company, a stock company, Minneapolis,
Minnesota. PLEASE READ YOUR CONTRACT CAREFULLY.
If You are living on the Annuitization Start Date, We will begin to pay You
monthly payments, subject to other provisions of this contract. This date may be
changed as provided in this contract.
We issue this contract in consideration of the payment of the initial purchase
payment.
ACCUMULATION VALUES AND ANNUITY PAYMENTS, WHEN BASED ON THE INVESTMENT RESULTS
OF THE VARIABLE SUBACCOUNTS, ARE VARIABLE AND NOT GUARANTEED AS TO FIXED DOLLAR
AMOUNT. SEE THE ACCOUNTS: FIXED AND VARIABLE SECTION FOR VARIABLE ACCOUNT
PROVISIONS.
OPTIONAL RIDER CHARGES MAY REDUCE THE DEATH BENEFIT AMOUNT TO LESS THAN THE
CONTRACT VALUE. SEE THE PAYMENTS TO BENEFICIARIES PROVISIONS.
NOTICE OF YOUR RIGHT TO EXAMINE THIS CONTRACT FOR TEN DAYS. If for any reason
You are not satisfied with this contract, You may cancel this contract by
returning it to Us or Our agent within ten Days after You receive it.
- If this is not an IRA contract, upon such cancellation We will refund
an amount equal to the sum of: (1) the Contract Value at the end of
the Valuation Period during which We receive the contract; and (2) any
premium tax charges paid.
- If this is an IRA contract, upon such cancellation We will refund all
purchase payments which You have paid.
- If this contract is intended to replace an existing contract, your
right to examine this contract is extended to 30 days or any longer
period if required by the state in which it is delivered.
This contract will then be considered void from its start.
Signed for and issued by RiverSource Life Insurance Company of Minneapolis,
Minnesota, as of the Contract Date.
-s- SIGNATURE -s- SIGNATURE
Secretary President
Flexible Purchase Payments -- Subject to Limitations
Optional Fixed Dollar or Variable Accumulation Values and Annuity Payments
Annuity Payments Begin on the Annuitization Start Date
This Contract is Nonparticipating -- Dividends Are Not Payable
Surrender Charges May Be Waived under Specified Conditions
ICC12 411381 Page 1 (04/2013)
GUIDE TO CONTRACT PROVISIONS
CONTRACT DATA......................................... Page 3
Important contract specifications, fund allocations,
fees and charges, surrender charge schedule
DEFINITIONS........................................... Pages 3-4
Important words and meanings
GENERAL PROVISIONS.................................... Pages 5-6
Entire Contract
Annuity Tax Qualification
Contract Modification
Incontestable
Benefits Based on Incorrect Data
Conformity with Interstate Insurance Product
Regulation Commission Standards and State Laws
Reports to Owner
Evidence of Survival
Protection of Proceeds
Payments by Us
Voting Rights
Termination of the Contract
OWNERSHIP, ANNUITANT AND BENEFICIARY.................. Pages 6-7
Owner Rights
Non-Natural Person and Revocable Trust Ownership
Change of Ownership
Beneficiary
Change of Beneficiary
Change of Annuitant or Contingent Annuitant
Pre-election of an Annuity Payment Plan
Assignment
PAYMENTS TO BENEFICIARIES............................. Page 8-9
Spouse's Option to Continue Contract
Death Benefit Before the Annuitization Start Date
Payment Options
Amount Payable Before the Annuitization Start Date
Death Benefit After the Annuitization Start Date
PURCHASE PAYMENTS..................................... Page 10
Purchase Payments
Additional Purchase Payments
Payment Limits
Allocation of Purchase Payments
ACCOUNTS: FIXED AND VARIABLE.......................... Pages 11-12
The Fixed Account
Interest to be Credited
The Variable Account
Investments of the Variable Account
Valuation of Assets
Variable Account Accumulation Units
Variable Account Accumulation Unit Value
Net Investment Factor
Mortality and Expense Risk Charge
Variable Account Administrative Charge
Annuity Unit Value
CONTRACT VALUE........................................ Pages 13-14
Contract Value
Contract Value in the Variable Account
Contract Value in the Regular Fixed Account
Contract Value in the Special DCA Fixed Account
Contract Administrative Charge
Premium Tax Charges
Transfers of Contract Values
Dollar Cost Averaging
Special DCA Fixed Account
SURRENDER PROVISIONS.................................. Pages 15-17
Surrender
Rules for Surrender
Surrender Value
Surrender Charge
Waiver of Surrender Charges
Suspension or Delay in Payment of Surrender
Waiver of Surrender Charges upon Hospital or Nursing
Home Confinement
Waiver of Surrender Charges upon Terminal Illness
Diagnosis
ANNUITY PROVISIONS.................................... Pages 18-19
Annuity Payment
Change of Annuitization Start Date
Annuity Payment Plans
Plan Selection
Allocation of Contract Values to Provide Fixed and
Variable Payments
Fixed Annuity Payments
Variable Annuity Payments
Determination of the First Variable Annuity Payment
Variable Annuity Payments After the First Payment
Exchange of Annuity Units
TABLES OF ANNUITY PAYOUT RATES........................ Pages 20-21
Tables showing amount of first Variable Annuity
payment and the guaranteed Fixed Annuity payments
for the various payment plans
ICC12 411381 Page 2 (04/2013)
DEFINITIONS
The following words are used often in this contract. When We use these words,
this is what We mean:
ACCUMULATION UNIT
An Accumulation Unit is an accounting unit of measure. It is used to calculate
the Contract Value in the Variable Account prior to the application of amounts
to an annuity payment plan.
ANNUITANT
The Annuitant is the person or persons on whose life periodic annuity payments
depend. If there are joint Annuitants prior to the Annuitization Start Date, the
term Annuitant in this contract is replaced in all instances with the term
Annuitants.
ANNUITIZATION START DATE
The Annuitization Start Date is the date on which annuity payments begin as
described in the Annuity Payment provision. This date is either as shown under
Contract Data or the date as changed as provided in this contract. You will be
notified prior to the Annuitization Start Date.
ANNUITY UNIT
An Annuity Unit is an accounting unit of measure. It is used to calculate the
value of annuity payments from the variable subaccounts on and after the
Annuitization Start Date.
ATTAINED AGE
Attained Age is the number of whole years since birth, which is the same as the
age as of a person's latest birthday, unless born on February 29.
CODE
The Code is the Internal Revenue Code of 1986, as amended, its regulations
thereunder and/or promulgations of the Internal Revenue Service, as applicable.
CONTINGENT ANNUITANT
The Contingent Annuitant is the person who becomes the Annuitant when the
current Annuitant dies prior to the Annuitization Start Date.
CONTRACT ANNIVERSARY
The Contract Anniversary is the same Day and month as the Contract Date each
year that the contract remains in force.
CONTRACT DATE
The Contract Date is the date from which Contract Anniversaries, contract years,
and contract months are determined. Your Contract Date is shown under Contract
Data.
CONTRACT VALUE
The Contract Value is the sum of the Contract Value in the Regular Fixed
Account, Contract Value in the Special DCA Fixed Account and Contract Value in
the Variable Account.
DAY
Unless specified otherwise, a Day is a calendar day.
FIXED ACCOUNT
The Fixed Account is made up of all Our assets other than those in any separate
account.
FIXED ANNUITY
A Fixed Annuity is an annuity with payments which are guaranteed by Us as to
dollar amount during the annuity payment period.
NONQUALIFIED CONTRACT
A Nonqualified Contract is a contract used primarily for retirement purposes
that is not intended to qualify as a Tax Qualified Contract.
OWNER, YOU, YOUR
"Owner," "You" and "Your" refer to the owner or owners of this contract. Any
contract provisions based on the age of the Owner will be based on the age of
the oldest Owner. Any ownership change, including continuation of the contract
by Your spouse under the Spouse's Option to Continue Contract provision,
redefines "Owner," "You" and "Your" as the new owner.
REGULAR FIXED ACCOUNT
The Regular Fixed Account is an option available within the Fixed Account to
which You may allocate purchase payments and Contract Values. Amounts allocated
to the Regular Fixed Account will earn a specified rate of interest.
ICC12 411381 Page 3 (04/2013)
SPECIAL DCA FIXED ACCOUNT
The Special DCA Fixed Account is an option within the Fixed Account to which You
may allocate purchase payments. Purchase payment amounts You allocate to the
Special DCA Fixed Account must be transferred within a specified period of time
to selected variable subaccounts. The amounts allocated to the Special DCA Fixed
Account earn a specified rate of interest until transferred out of the Special
DCA Fixed Account.
TAX QUALIFIED CONTRACT
A Tax Qualified Contract is a contract that is intended to qualify as part of a
tax-advantaged retirement plan such as individual retirement annuities,
tax-sheltered savings annuities or other tax-advantaged retirement plans.
VALUATION DATE
A Valuation Date is each Day the New York Stock Exchange is open for trading. At
the New York Stock Exchange close of business, the next Valuation Date begins.
Whenever Your Contract Anniversary is not a Valuation Date, Your Contract Value
for that Contract Anniversary will be based on close of business values on the
next Valuation Date.
VALUATION PERIOD
A Valuation Period is the interval of time commencing at the New York Stock
Exchange close of business on each Valuation Date and ending at the close of
business on the next Valuation Date.
VARIABLE ACCOUNT
The Variable Account consists of separate variable subaccounts to which You may
allocate Contract Values including purchase payments. Each subaccount invests in
shares of one fund. The variable subaccounts available on the Contract Date are
shown under Contract Data. The value of Your investment in each variable
subaccount changes with the performance of the particular fund.
VARIABLE ANNUITY
A Variable Annuity is an annuity with payments which are not predetermined or
guaranteed as to dollar amount and vary in amount with the investment experience
of one or more of the variable subaccounts.
WE, US, OUR
Any reference to "We," "Us" or "Our" means RiverSource Life Insurance Company.
WRITTEN REQUEST
A Written Request is a request in writing, on a form acceptable to Us, signed by
You and delivered to Us at Our corporate office.
ICC12 411381 Page 4 (04/2013)
GENERAL PROVISIONS
ENTIRE CONTRACT
This contract form and any attached endorsements or riders are the entire
contract between You and Us.
No one except one of Our corporate officers (President, Vice President,
Secretary or Assistant Secretary) can change or waive any of Our rights or
requirements under this contract. That person must do so in writing. None of Our
other representatives or other persons has the authority to change or waive any
of Our rights or requirements under this contract.
ANNUITY TAX QUALIFICATION
This contract is intended to qualify as an annuity contract under Section 72 and
other relevant sections of the Code for Federal income tax purposes. To that
end, the provisions of this contract are to be interpreted to ensure or maintain
such tax-qualification, despite any other provisions to the contrary. We reserve
the right to unilaterally amend this contract to reflect any clarifications that
may be needed or are appropriate to maintain such tax qualification, subject to
any necessary regulatory approval. We will send You a copy of any such
amendments.
CONTRACT MODIFICATION
This contract may be modified at any time by written agreement between You and
Us. The modification must be signed by one of Our corporate officers (President,
Vice President, Secretary or Assistant Secretary).
INCONTESTABLE
This contract is incontestable from its Contract Date.
BENEFITS BASED ON INCORRECT DATA
If benefit amounts are determined by incorrect information regarding a person's
age or gender, payments described in this contract will be adjusted. They will
be based on what would have been provided using the correct birth date and/or
correct gender. Any underpayments made by Us will be made up promptly without
interest. We reserve the right to recover any amounts overpaid from You or Your
estate. If there are any future payments under this contract, overpayments made
by Us will be subtracted, without interest, and/or as otherwise legally
permissible.
CONFORMITY WITH INTERSTATE INSURANCE PRODUCT REGULATION COMMISSION STANDARDS AND
STATE LAWS
This contract was approved under the authority of the Insurance Product
Regulation Commission (IIPRC) and issued under the Commission standards. Any
provision of the contract that on the provision's effective date is in conflict
with IIPRC standards for this product type is hereby amended to conform to the
IIPRC standards for this product type as of the provision's effective date. The
values and benefits of this contract are at least equal to those required by the
IIPRC. Any paid up annuity, cash surrender or death benefits available under the
contract are not less than the minimum benefits required by Section 7 of the
National Association of Insurance Commissioners Model Variable Annuity
Regulation 250.
To the extent not covered by IIPRC standards for this product type effective at
the time of the IIPRC contract approval, this contract is governed by the law of
the state in which it is delivered.
REPORTS TO OWNER
At least once a year as of a date not more than four months previous to the date
of mailing, We will send You, without charge, a statement showing (1) the
Contract Value as of the beginning and end dates of the period, (2) the
contract's surrender value and any outstanding loan value as of the end date of
the period, and (3) amounts credited or debited during the period, identified by
type. This statement will also show any other information required under state
or federal law.
We will also send You, without charge, notice of current or other values upon
Your request.
EVIDENCE OF SURVIVAL
Where any payments under this contract depend on the recipient or Annuitant
being alive on a certain date, We may require proof satisfactory to Us that such
condition has been met. Such proof may be required prior to making the payments.
PROTECTION OF PROCEEDS
Payments under this contract are not assignable by any beneficiary prior to the
time they are due. To the extent allowed by law, payments are not subject to the
claims of creditors or to legal process.
ICC12 411381 Page 5 (04/2013)
PAYMENTS BY US
All sums payable by Us are payable at Our corporate office. Any payment or
surrender from a variable subaccount is based on the variable subaccount value.
VOTING RIGHTS
If federal law requires, We will give certain voting rights to contract owners.
If You have voting rights, We will send You a notice telling You the time and
place of a shareholder meeting. The notice will also explain matters to be voted
upon and how many votes to which You are entitled.
TERMINATION OF THE CONTRACT
The contract will be terminated under the following conditions:
1. After the death benefit is paid, the contract will terminate.
2. Reduction of the Contract Value to zero will terminate the contract unless
benefits are payable under the terms of certain optional withdrawal benefit
or accumulation benefit riders, if any, attached to this contract.
3. Your Written Request for a full surrender will terminate the contract.
OWNERSHIP, ANNUITANT AND BENEFICIARY
OWNER RIGHTS
Unless otherwise stated in this contract, You may exercise all rights and
privileges provided in this contract or allowed by Us.
If two Owners jointly own this contract, each Owner may independently exercise
transfers among the various account options and designate purchase payment
allocations. Unless agreed to by Us, all other terms, conditions, rights and
requirements that apply to an Owner under this contract shall apply jointly to
each joint Owner named.
NON-NATURAL PERSON AND REVOCABLE TRUST OWNERSHIP
The Owner may be a non-natural person (e.g. irrevocable trust or corporation) or
a revocable trust if We agree. If the Owner or any joint Owner is a non-natural
person or a revocable trust, the Annuitant will be deemed to be the Owner for
any provision or benefit using the age or life of the Owner. These include
Payments to Beneficiaries provisions, the ROPP Benefit Age, Hospitalization/
Nursing Home Waiver Benefit Age, TI Waiver Benefit Age and Maximum Purchase
Payments shown under Contract Data, the Waiver of Surrender Charge upon Hospital
or Nursing Home Confinement provision, and the Waiver of Surrender Charge upon
Terminal Illness Diagnosis provision. If the Owner or any joint Owner is a
non-natural person or revocable trust, the Annuitant may not be changed.
CHANGE OF OWNERSHIP
You may change the ownership of this contract by Written Request or other method
agreed to by Us. Once We receive the change, it will take effect as of the date
of Your request, subject to any action taken or payment made by Us before the
receipt.
A change of ownership may result in tax consequences.
See any attached tax qualified endorsement for ownership change limitations.
BENEFICIARY
Except as otherwise provided in the contract, beneficiaries are those You
designate to receive the death benefit of this contract if You die while this
contract is in force. We will not be bound by any such designation unless made
by Written Request or other method agreed to by Us and recorded by Us. Any
beneficiary designation takes effect as of the date of Your request. However, We
are not liable for any payment made by Us before the recording.
For joint spousal ownership with right of survivorship, the surviving spouse is
deemed the sole beneficiary superseding any other beneficiary designation. This
permits the surviving spouse to use the Spouse's Option to Continue Contract
provision in the Payments to Beneficiaries section of the contract. (The deemed
surviving spouse sole beneficiary designation may only be overridden if
specifically requested in writing and signed by both joint spousal Owners.)
Only those beneficiaries who are living as of the date of death may share in the
benefits, if any. Benefits will be paid to all primary beneficiaries surviving
You, in accordance with Your last beneficiary designation on file. If none
survive, proceeds will be paid to all surviving contingent beneficiaries. If
there is no valid beneficiary designation or if no beneficiary survives, We will
pay the benefits as follows:
- if there are joint Owners, We will pay the surviving Owner(s),
otherwise;
- if the Owner is a non-natural person or revocable trust, We will pay
the Owner, otherwise;
- to Your spouse, if living;
ICC12 411381 Page 6 (04/2013)
- if no spouse is living, to Your lawful children per stirpes;
- if You have no spouse or direct descendents, to Your parents equally
or the survivor, if living, otherwise to Your estate.
CHANGE OF BENEFICIARY
BY OWNER: You may change the beneficiary at any time by Written Request or other
method agreed to by Us. Once We receive the change, it will take effect as of
the date of Your request. However, We are not liable for any payment made by Us
before the receipt.
BY BENEFICIARY: If the death benefit under this contract becomes payable to a
beneficiary (recipient) under an annuity payment plan, that recipient shall have
the right to name, or later change, their own beneficiary by Written Request. If
there is no valid beneficiary designation or if no beneficiary survives the
recipient, We will pay any benefits due under the annuity payment plan following
the death of the original beneficiary as follows:
- to the recipient's spouse, if living;
- if no spouse is living, to the recipient's lawful children per
stirpes;
- if the recipient has no spouse or direct descendents, to the
recipient's parents equally or the survivor, if living, otherwise to
the recipient's estate.
CHANGE OF ANNUITANT OR CONTINGENT ANNUITANT
If:
1. this is a Nonqualified Contract, and
2. You are a natural person, and
3. You are not a revocable trust, and
4. it is prior to the Annuitization Start Date;
then You may change the Annuitant or Contingent Annuitant by Written Request or
other method agreed to by Us. Once We receive the request and We record the
change, it will take effect as of the date of Your request, subject to any
action taken or payment made by Us before the recording.
In addition, if the Annuitant is not an Owner and the Annuitant dies before the
Annuitization Start Date, the Owner becomes the Annuitant unless a Contingent
Annuitant has been previously selected. The contract continues in force, and no
death benefit is payable.
If the Annuitant is an Owner and the Annuitant dies before the Annuitization
Start Date, the death benefit is payable.
In the case of joint ownership, one Owner must be named as Contingent Annuitant.
PRE-ELECTION OF AN ANNUITY PAYMENT PLAN
If this is a Nonqualified Contract, You may elect how the death benefit
described in this contract is to be paid in the event of Your death before the
Annuitization Start Date. You must make the election by Written Request or other
method agreed to by Us. In this event the death benefit shall be payable as so
elected by You, rather than as requested by the beneficiary. If for any reason
such election does not satisfy Section 72 of the Code or related distribution
requirements, the election will be void and the beneficiary will then be
permitted to elect payment pursuant to the provisions of the contract. This
provision is available for Tax Qualified Contracts if agreed to by Us.
ASSIGNMENT
If this is a Nonqualified Contract, You can assign this contract or any interest
in it. Your interest and the interest of any beneficiary are subject to the
interest of the assignee. An assignment is not a change of ownership and an
assignee is not an Owner as these terms are used in this contract. Any amounts
payable to the assignee will be paid in a single sum.
A copy of any assignment must be submitted to Us at Our corporate office. Unless
otherwise specified by You, assignments shall be effective on the date the
assignment notice is signed, subject to any action taken or payment made by Us
before the assignment was received at Our corporate office. We are not
responsible for the validity or effect, tax or otherwise, of any assignment.
ICC12 411381 Page 7 (04/2013)
PAYMENTS TO BENEFICIARIES
SPOUSE'S OPTION TO CONTINUE CONTRACT
If You die before the Annuitization Start Date and Your spouse is the sole
primary beneficiary or a joint tenant with right of survivorship, Your spouse
may accept payment of the death benefit under options described below or keep
the contract in force as Owner, including any associated riders in force,
subject to rider continuation rules in effect. If the Owner was also the
Annuitant, then the spouse becomes the Annuitant as well.
Election by the spouse to continue the contract must be made by Written Request,
or other method agreed to by Us, at the time We receive due proof of death. Upon
spousal continuation the Contract Value shall be equal to the death benefit that
would otherwise have been paid but with no reduction for rider charges on riders
that remain in-force. The spouse may make additional purchase payments to the
contract. Surrender charges under the continued contract shall not apply after
the election by the spouse to continue the contract.
DEATH BENEFIT BEFORE THE ANNUITIZATION START DATE
A death benefit is payable to the beneficiary if You die when the Contract Value
is greater than zero and before the Annuitization Start Date.
If the annuity is jointly owned by non-spousal Owners, then the death benefit
will be paid to the beneficiary at the first death of a joint Owner.
If the annuity is jointly owned by spousal Owners, see Spouse's Option to
Continue Contract above.
PAYMENT OPTIONS
Any amounts payable or applied by Us as described in this section will be based
on the Contract Values as of the Valuation Date on or next following the date on
which We receive due proof of death at Our corporate office. Due proof of death
includes all documents needed to complete a beneficiary's claim.
The death benefit for each beneficiary will be payable in a lump sum on the
Valuation Date We receive due proof of death from that beneficiary. The
beneficiary may elect to receive payment anytime within five years after the
date of death.
In lieu of a lump sum, payments may be made under a payment plan, provided:
- the beneficiary elects the plan at the time We receive due proof of
death; and
- the plan provides payments over a period which does not exceed the
life or over a period not extending beyond the life expectancy of the
beneficiary; and
- payments begin no later than one year after the date of death.
If the beneficiary elects an annuity payment plan, such beneficiary shall be the
Annuitant for purposes of a lifetime payment plan.
AMOUNT PAYABLE BEFORE THE ANNUITIZATION START DATE
If You are the ROPP Benefit Age (shown under Contract Data) or younger on the
later of (1) the Contract Date or (2) the date of the most recent "covered life
change," (if applicable), and if You die prior to the Annuitization Start Date
with a Contract Value greater than zero; then We will pay the beneficiary the
greater of the following amounts:
1. the Contract Value, after any rider charges have been deducted; or
2. the Return of Purchase Payment (ROPP) Value.
If You are older than the ROPP Benefit Age (shown under Contract Data) on the
later of (1) the Contract Date or (2) the date of the most recent "covered life
change" (if applicable), and if You die prior to the Annuitization Start Date
with a Contract Value greater than zero; then We will pay the beneficiary the
Contract Value after any rider charges have been deducted.
COVERED LIFE CHANGE DEFINITION: A "covered life change" is either A)
continuation of the contract by a spouse under the Spouse's Option to Continue
Contract provision or B) an ownership change where an Owner after the ownership
change was not an Owner prior to the change.
RETURN OF PURCHASE PAYMENT (ROPP) VALUE DEFINITION: On the Contract Date the
ROPP value is established as the total purchase payments made to the contract.
Adjustments are made to the ROPP value in the following circumstances:
1. Additional purchase payments will be added to the ROPP value.
2. Partial surrenders will result in "adjustments for partial surrenders"
subtracted from the ROPP value.
3. After a "covered life change" for a spouse who continues the contract, the
ROPP value is reset to the Contract Value on the date of continuation after
any increases to the Contract Value due to the death benefit that would
otherwise have
ICC12 411381 Page 8 (04/2013)
been paid but with no reduction for rider charges on riders that remain
in-force.
4. After a "covered life change" other than for a spouse who continues the
contract:
if the prior Owner was eligible for the ROPP, the ROPP value is reset on
the Valuation Date We receive Your Written Request for the "covered life
change" to the lesser of A or B where:
A = the Contract Value on that date after any rider charges have
been deducted, and
B = the ROPP value on that date (but prior to the reset).
if the prior Owner was not eligible for the ROPP, the ROPP value is reset
on the Valuation Date We receive Your Written Request for the "covered life
change" as the Contract Value on that date, after any rider charges have
been deducted.
ADJUSTMENTS FOR PARTIAL SURRENDERS DEFINITION:
"Adjustments for partial surrenders" are calculated for each partial surrender
using the following formula:
A X B where:
-------
C
A = the amount Your Contract Value is reduced by the partial surrender
B = the ROPP value on the date of (but prior to) the partial surrender
C = the Contract Value on the date of (but prior to) the partial
surrender.
DEATH BENEFIT AFTER THE ANNUITIZATION START DATE
The Owner's death produces a death benefit after the Annuitization Start Date.
The amount payable, if any, will depend on the annuity payment plan then in
effect.
DEATH OF THE OWNER: If the Owner is the Annuitant and dies after the
Annuitization Start Date, payments cease for lifetime only payment plans.
Payments continue to the Owner's beneficiaries for the remainder of any
guarantee period or for the lifetime of a surviving joint Annuitant, if any.
If the Owner is not the Annuitant and dies after the Annuitization Start Date,
payments continue to the beneficiaries according to the payment plan in effect.
DEATH OF THE ANNUITANT OR OF A BENEFICIARY RECEIVING PAYMENTS UNDER AN ANNUITY
PAYMENT PLAN: If the Owner is not the Annuitant and the Annuitant dies after the
Annuitization Start Date, payments cease for lifetime payment plans. Payments
continue to the Owner for the remainder of any guarantee period or for the
lifetime of a surviving joint Annuitant, if any.
If a beneficiary elects an annuity payment plan as provided under the Payment
Options provision above and dies after payments begin, payments continue to
beneficiaries named by the deceased beneficiary as provided under the Change of
Beneficiary provision for the remainder of any guarantee period.
In any event, amounts remaining payable must be paid at least as rapidly as
payments were being made at the time of such death.
ICC12 411381 Page 9 (04/2013)
PURCHASE PAYMENTS
PURCHASE PAYMENTS
Purchase payments are the payments You make for this contract and the benefits
it provides. Purchase payments must be paid or mailed to Us at Our corporate
office or to an authorized agent. If requested, We'll give You a receipt for
Your purchase payments.
ADDITIONAL PURCHASE PAYMENTS
Subject to the Payment Limits provision below, additional purchase payments may
be made until the earlier of:
1. the date this contract terminates by surrender or otherwise; or
2. the Annuitization Start Date.
Subject to the Payment Limits Provision You may:
1. stop and/or restart purchase payments; or
2. increase or decrease the amount of Your purchase payments; or
3. change the interval of Your purchase payments.
PAYMENT LIMITS
Maximum Purchase Payments - The maximum purchase payments in the first or later
years may not exceed the amounts shown under Contract Data, based on the
contract year and Your Attained Age at the time of payment unless We allow
otherwise on a non-discriminatory basis.
The Maximum Purchase Payments Permitted includes payments to all deferred
annuity contracts We have issued where You are an Owner. We reserve the right to
increase the maximums.
Additional Purchase Payments - Additional purchase payments You make must be at
least the minimum amount shown under Contract Data.
You cannot allocate purchase payments to the Fixed Account for six months
following: (1) a partial surrender from the Fixed Account; (2) a lump sum
transfer from the Regular Fixed Account to another account; or (3) termination
of automated transfers from the Special DCA Fixed Account prior to the end of
the elected Special DCA time period.
We reserve the right to cancel this contract if both of the following conditions
exist at the same time: (1) no purchase payments have been paid for a continuous
period of 24 months; and (2) less than $500 in purchase payments have been paid
under this contract. In this event, We will give You notice of Our intent to
cancel this contract. Upon such cancellation We will pay You the Contract Value,
after any rider charges have been deducted, in one sum. This contract will then
terminate.
ALLOCATION OF PURCHASE PAYMENTS
You instruct Us on how You want Your purchase payments allocated among the
available accounts.
The percentage of any payment which may be allocated to the Regular Fixed
Account is shown under Contract Data. We reserve the right to change this
percentage at any time on a non-discriminatory basis with notification.
We reserve the right to limit the accounts and/or variable subaccounts to which
You can allocate purchase payments or Contract Value at any time. In addition,
allocations to certain accounts or variable subaccounts may be limited or
required under the terms of certain optional benefit riders, if any, attached to
this contract.
Your allocation instructions as of the Contract Date are shown under Contract
Data. Unless any restrictions apply, You may, by Written Request or other method
agreed to by Us, change Your choice of accounts or percentages. If Your current
allocation instructions include a fund to which allocations are restricted and
You do not provide new instructions, We will apply payments pro rata according
to the valid portion of Your allocation instructions. The first purchase payment
will be allocated as of the end of the Valuation Period during which We make an
affirmative decision to issue this contract. Purchase payments after the first
will be allocated as of the end of the Valuation Period during which We receive
the payment at Our corporate office.
ICC12 411381 Page 10 (04/2013)
ACCOUNTS: FIXED AND VARIABLE
THE FIXED ACCOUNT
The Fixed Account is part of Our general account. It is made up of all Our
assets other than those in:
1. The Variable Account; and
2. Any other segregated asset accounts.
The Fixed Account consists of the Regular Fixed Account and the Special DCA
Fixed Account.
We back the principal and interest guarantees relating to the Fixed Account.
Purchase payments, interest credited and transfers allocated to the Fixed
Account become part of Our general account.
INTEREST TO BE CREDITED
We will credit interest to the Fixed Account daily. We may credit interest to
each Special DCA Fixed Account at promotional rates that are higher than those
We credit to the Regular Fixed Account. All interest rates We quote are
effective annual interest rates - this refers to the rate that results after
interest has been credited and compounded daily for a full year. Interest will
begin to accrue at Our current crediting rate on the date each purchase payment,
which is received in Our corporate office, becomes available to Us for use and
on the date of any transfers to the Fixed Account. Amounts transferred from the
Special DCA Fixed Account to the Regular Fixed Account, through transfers to an
asset allocation model, will begin earning interest at the current crediting
rate for the Regular Fixed Account on the transfer date. The current crediting
rate is determined by Us and at Our discretion but will never be less than the
Fixed Account Minimum Interest Rate shown under Contract Data.
One year after receipt of each purchase payment or transfer, the rate for the
payment or transfer amount, and its accumulated interest, may change. Interest
will accrue at revised rates determined by Us and at Our discretion. These rates
may be based on various factors including, but not limited to, the interest rate
environment, returns earned on investments backing these annuities, the rates
currently in effect for new and existing company annuities, product design,
competition, and the company's revenues and expenses. However, the rate will
never be less than the Fixed Account Minimum Interest Rate shown under Contract
Data. Your interest rate for each purchase payment or transfer will never change
more frequently than annually.
THE VARIABLE ACCOUNT
The Variable Account is a separate investment account of Ours. It consists of
variable subaccounts which are named under Contract Data. We have allocated a
part of Our assets for this and other contracts to the Variable Account. Such
assets remain Our property. However, the portion of the assets which equals the
reserves and other liabilities of the account(s) shall not be charged with
liabilities arising out of any other business in which We may take part. Income,
gains, and losses, whether or not realized from assets allocated to the Variable
Account, are credited or charged to such account without regard to other income,
gains or losses of the company.
INVESTMENTS OF THE VARIABLE ACCOUNT
Purchase payments and transfer amounts applied to the variable subaccounts will
be allocated as specified by You. Each variable subaccount will buy, at net
asset value, shares of the fund for that variable subaccount shown under
Contract Data or as later added or changed as described below.
We may change the funds from which the variable subaccounts buy shares if laws
or regulations change, the existing funds become unavailable or, in Our
judgment, the funds are no longer suitable for the variable subaccounts. We have
the right to substitute any funds for those shown under Contract Data.
We may also:
add additional variable subaccounts investing in other funds,
combine any two or more variable subaccounts,
transfer assets to and from the variable subaccounts or the Variable
Account, and
eliminate or close any variable subaccounts.
When required, We would first seek approval of the Securities and Exchange
Commission and the insurance regulator of the state where this contract is
delivered.
VALUATION OF ASSETS
Fund shares in the variable subaccounts will be valued at their net asset value.
VARIABLE ACCOUNT ACCUMULATION UNITS
The number of Accumulation Units for variable subaccounts chosen by You is found
by:
1. adding the number of accumulation units resulting from:
a. purchase payments allocated to the variable subaccount; and
b. transfers to the variable subaccount;
2. and subtracting the number of Accumulation Units resulting from:
a. transfers from the variable subaccount; and
ICC12 411381 Page 11 (04/2013)
b. surrenders (including surrender charges) from the variable subaccount;
and
c. contract administrative charge or any rider charge deductions from the
variable subaccount.
The number of Your Accumulation Units added or subtracted for each of the above
transactions is found by dividing (1) by (2) where:
1. is the amount allocated to or deducted from the variable subaccount; and
2. is the Accumulation Unit value for the variable subaccount for the
respective Valuation Period during which We received the purchase payment
or transfer value, or during which We deducted transfers, surrenders,
surrender charges, rider charges or contract administrative charges.
VARIABLE ACCOUNT ACCUMULATION UNIT VALUE
The value of an Accumulation Unit for each of the variable subaccounts was
arbitrarily set at $1 when the first fund shares were bought. The value for any
later Valuation Period is found as follows:
The Accumulation Unit value for each variable subaccount for the last prior
Valuation Period is multiplied by the net investment factor for the same
variable subaccount for the next following Valuation Period for which the
Accumulation Unit value is being calculated. The result is the Accumulation
Unit value.
NET INVESTMENT FACTOR
The net investment factor is an index applied to measure the investment
performance of a variable subaccount from one Valuation Period to the next. The
net investment factor may be greater or less than one; therefore, the value of
an accumulation or Annuity Unit may increase or decrease.
The net investment factor for any such variable subaccount for any Valuation
Period is determined by: dividing (1) by (2) and subtracting (3) and (4) from
the result. This is done where:
1. is the sum of:
a. the net asset value per share of the fund held in the variable
subaccount determined at the end of the current Valuation Period; plus
b. the per share amount of any dividend or capital gain distribution made
by the fund held in the variable subaccount, if the "ex-dividend" date
occurs during the current Valuation Period; and
2. is the net asset value per share of the fund held in the variable
subaccount, determined at the end of the last prior Valuation Period; and
3. is a factor representing the mortality and expense risk charge; and
4. is a factor representing the variable account administrative charge
described below.
MORTALITY AND EXPENSE RISK CHARGE
In calculating unit values We will deduct a mortality and expense risk charge
from the variable subaccounts which is equal, on an annual basis, to a
percentage of the daily net asset value. This percentage is the Annual Mortality
and Expense Risk Fee shown under Contract Data. The deduction is made to
compensate Us for assuming the mortality and expense risks under contracts of
this type. The deduction will be:
1. made from each variable subaccount; and
2. computed on a daily basis.
Fees for certain optional riders and features, if elected, will be added to the
Annual Mortality and Expense Risk Fee.
VARIABLE ACCOUNT ADMINISTRATIVE CHARGE
In calculating unit values, We will deduct a variable account administrative
charge, as shown under Contract Data, from the variable subaccounts. This
deduction is made to compensate Us for certain administrative and operating
expenses for contracts of this type. The deduction will be:
1. made from each of Your variable subaccounts; and
2. computed on a daily basis.
ANNUITY UNIT VALUE
The value of an Annuity Unit for each variable subaccount was arbitrarily set at
$1 when the first fund shares were bought. The value for any later Valuation
Period is found as follows:
1. the Annuity Unit value for each variable subaccount for the last prior
Valuation Period is multiplied by the net investment factor for the same
variable subaccount for the next following Valuation Period for which the
Annuity Unit value is being calculated.
2. the result is multiplied by an interest factor, which on an annualized
basis is equal to .952381. This is done to offset the assumed 5% investment
return which is built into Table A under the Tables of Annuity Payout Rates
section.
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CONTRACT VALUE
CONTRACT VALUE
The Contract Value at any time is the sum of:
1. Contract Value in the Variable Account; and
2. Contract Value in the Regular Fixed Account; and
3. Contract Value in the Special DCA Fixed Account.
For surrenders and charges, a number of Accumulation Units and dollar amounts
will be deducted from the above accounts to equal any amounts surrendered or
charges made against the Contract Value.
For surrenders, You may specify from which of the above accounts that the
deduction will be taken. Otherwise, the deduction will be taken from the above
accounts in the same proportion that Your interest in each bears to the total
Contract Value.
CONTRACT VALUE IN THE VARIABLE ACCOUNT
Your Contract Value in the Variable Account at any time will be the total of the
value of the units in any variable subaccount resulting from:
1. purchase payments allocated to a variable subaccount; plus
2. any amounts transferred to a variable subaccount; less
3. any amounts transferred from a variable subaccount; less
4. any amounts deducted from a variable subaccount for surrenders, contract
administrative charges or any rider charges.
CONTRACT VALUE IN THE REGULAR FIXED ACCOUNT
The Contract Value in the Regular Fixed Account at any time will be the total
of:
1. purchase payments allocated to the Regular Fixed Account, plus interest
credited; plus
2. any amounts transferred to the Regular Fixed Account, plus interest
credited; less
3. any amounts transferred from the Regular Fixed Account; less
4. any amounts deducted from the Regular Fixed Account for surrenders,
contract administrative charges or any rider charges.
CONTRACT VALUE IN THE SPECIAL DCA FIXED ACCOUNT
The Contract Value in the Special DCA Fixed Account at any time will be the
total of:
1. purchase payments allocated to the Special DCA Fixed Account, plus interest
credited; less
2. any amounts transferred from the Special DCA Fixed Account; less
3. any amounts deducted from the Special DCA Fixed Account for surrenders,
contract administrative charges or any rider charges.
CONTRACT ADMINISTRATIVE CHARGE
We charge a fee for establishing and maintaining Our records for this contract.
The charge per year is shown under Contract Data and is deducted from the
Contract Value at the end of each contract year or, if earlier, when the
contract is fully surrendered. The charge deducted will be prorated among all
accounts in the same proportion Your interest in each bears to the total
Contract Value.
We reserve the right to adjust this charge after the first Contract Anniversary
but the charge will never exceed the amount shown under Contract Data. We waive
or reduce the annual contract administrative charge for any contract year where
the Contract Value immediately prior to the deduction of the charge equals or
exceeds the amount shown under Contract Data.
If You make a full surrender of this contract, We deduct the full contract
administrative charge at the time of full surrender regardless of Contract
Value.
The charge does not apply to the amount applied to an annuity payment plan or to
the death benefit.
PREMIUM TAX CHARGES
We reserve the right to assess a charge against the Contract Value of this
contract for any premium tax assessed to Us by a federal, state or local
government. This charge could be deducted when You make purchase payments, or
make a full surrender of the Contract Value or on the Annuitization Start Date.
ICC12 411381 Page 13 (04/2013)
TRANSFERS OF CONTRACT VALUES
While this contract is in force prior to the Annuitization Start Date, transfers
of Contract Values may be made as outlined below unless Contract Values are
required to be allocated to certain accounts or variable subaccounts under the
terms of certain optional benefit riders, if any, attached to this contract.
1. You may transfer all or a part of the values held in one or more of the
variable subaccounts to another one or more of the variable subaccounts.
You may also transfer values held in one or more of the variable
subaccounts to the Regular Fixed Account, subject to items 2 and 4 below.
2. On or within the 30 Days before or after a Contract Anniversary You may
transfer values from the Regular Fixed Account to one or more of the
variable subaccounts. This amount shall not exceed the Regular Fixed
Account transfer limit shown under Contract Data. We reserve the right to
change this percentage at any time on a non-discriminatory basis with
notification. If such a transfer is made, You may not transfer amounts from
any variable subaccount to the Regular Fixed Account for six months after
such a transfer.
3. You may transfer from the Special DCA Fixed Account to the other accounts
as explained in the Special DCA Fixed Account provision, shown below. If
You terminate automated transfers from the Special DCA Fixed Account, You
may not transfer amounts from any variable subaccount to the Regular Fixed
Account for six months after such a transfer. You may not transfer values
from any account into the Special DCA Fixed Account.
4. Amounts transferred to the Regular Fixed account shall not exceed the limit
shown under Contract Data. We reserve the right to change this percentage
at any time on a non-discriminatory basis with notification.
You may make a transfer by Written Request. Telephone transfers may also be made
according to telephone procedures or automated transfer procedures that are then
currently in effect, if any. There is no fee or charge for these transfers.
However, the minimum transfer amount is $250, or if less, the entire value in
the account from which the transfer is being made. Smaller minimums may apply to
automated transfer procedures.
We may suspend or modify Your transfer privileges at any time. The right to
transfer Contract Values among the variable subaccounts and between the variable
subaccounts and other accounts is also subject to modification or restriction if
We determine, at Our sole discretion, that the exercise of that right by You is,
or would be, to the disadvantage of other contract owners. Additionally, We
reserve the right to modify or restrict transfer privileges if required to
comply with the written instructions of a fund. Any modification or restriction
could be applied to transfers to or from some or all of the variable subaccounts
and other accounts.
These modifications could include, but are not limited to:
1. the requirements of a minimum time period between each transfer,
2. not accepting transfer requests of an agent acting under a power of
attorney on behalf of more than one contract owner,
3. suspending or terminating automatic transfer programs, or
4. limiting the dollar amount that You may transfer between the variable
subaccounts and other accounts at any one time.
We may apply these modifications or restrictions in any manner reasonably
designed to prevent any use of the transfer right We consider to be to the
disadvantage of other contract owners.
DOLLAR COST AVERAGING (DCA)
You may authorize the automated transfer of specified amounts, according to the
rules then currently in effect, at the interval You select, from the Regular
Fixed Account (subject to transfer limits shown under Contract Data) or any
variable subaccount, to any other variable subaccount other than the source
account. You may terminate automated transfers at any time.
SPECIAL DCA FIXED ACCOUNT
You may also allocate new purchase payments to the Special DCA Fixed Account.
You may authorize the automatic transfer of amounts on a monthly basis from the
Special DCA Fixed Account to any of the variable subaccount(s) or any asset
allocation model. (Transfers from the Special DCA Fixed account to the Regular
Fixed Account are not allowed.) All amounts allocated to the Special DCA Fixed
Account will be transferred out within the specified Special DCA Fixed Account
time period You elect from the time periods We make available.
If You terminate automated transfers from the Special DCA Fixed Account, the
entire Special DCA Fixed Account balance will immediately be transferred
according to Your Special DCA Fixed Account allocation instructions that are
then in effect. If Your current Special DCA allocation instructions include a
fund to which allocations are restricted and You do not provide new
instructions, We will transfer amounts pro rata according to the valid portion
of Your allocation instructions.
ICC12 411381 Page 14 (04/2013)
SURRENDER PROVISIONS
SURRENDER
By Written Request or other method agreed to by Us and subject to the rules
below You may:
1. surrender this contract for the full surrender value; or
2. surrender part of this contract for a partial surrender.
RULES FOR SURRENDER
All surrenders will have the following conditions.
1. You must send Us Your Written Request (or other method agreed to by Us):
a. while this contract is in force; and
b. while all Owners are living; and
c. prior to the Annuitization Start Date.
2. Unless We agree otherwise, You must surrender an amount equal to at least
$250. The Contract Value after a partial surrender must be at least $500.
3. For surrenders from the variable subaccounts, the amount surrendered, less
any charges, will be paid to You within seven Days of the receipt of Your
Written Request, unless subject to the Suspension or Delay in Payment of
Surrender provision.
For surrenders from the Fixed Account, the amount surrendered, less any
charges, will normally be paid to You within seven Days of the receipt of
Your Written Request and the return of this contract, if required.
Following any required regulatory approval, We have the right to defer
payment for up to six months from the date We receive Your request. In such
circumstance, We will notify You of the reason for the delay, the effective
date of the surrender, and the surrender value as of the date of Your
request.
4. For partial surrenders, if You do not specify from which account the
surrender is to be made, the surrender will be made from all accounts in
the same proportion as Your interest in each bears to the Contract Value.
5. If You die following a surrender request, payment will be made to Your
estate.
6. Any amounts surrendered, including any related charges, cannot be repaid.
Upon surrender for the full surrender value this contract will terminate. We may
require that You return the contract to Us before We pay the full surrender
value.
SURRENDER VALUE
The full surrender value at any time will be:
1. the Contract Value immediately prior to the surrender;
2. minus the full contract administrative charge and any rider charges that
are deducted for a full surrender;
3. minus any surrender charge.
For a partial surrender, We will determine the amount of Your Contract Value
that needs to be surrendered, which after any surrender charge, will equal the
amount You requested. We pay You the amount You requested.
SURRENDER CHARGE
A surrender charge may apply in the event You surrender some or all of Your
Contract Value during the surrender charge period. The surrender charge schedule
for Your contract, including the duration of the surrender charge period and the
surrender charge percentage applicable to each contract year, is shown under
Contract Data. A surrender charge applies if You surrender purchase payments
received that are still in the surrender charge period. Refer to Waiver of
Surrender Charges for situations when surrender charges are not deducted.
The surrender charge amount is determined by multiplying purchase payments
surrendered which could be subject to a surrender charge by the applicable
surrender charge percentage.
The amount that represents purchase payments surrendered is calculated using a
prorated formula based on the percentage of Your Contract Value being
surrendered. As a result, the amount that represents purchase payments
surrendered may be greater than Your Contract Value surrendered. We determine
the amount that represents purchase payments surrendered (PPS), purchase
payments not subject to a surrender charge (PPF), and purchase payments which
could be subject to a surrender charge (PPSC) by the following formula:
PPS = PPSC + PPF
PPSC = ( PS - FA ) X (PP - PPF)
-------
CV - FA
PPF = FA - "contract earnings", but not less than zero
PP = Purchase payments not previously surrendered (total purchase
payments -- PPS)
PS = Amount the Contract Value is reduced by the surrender
FA = the "total free amount"
ICC12 411381 Page 15 (04/2013)
CV = Contract Value prior to the surrender
DEFINITION OF "CONTRACT EARNINGS": With respect to these surrender provisions,
"contract earnings" is defined as the Contract Value, less purchase payments not
previously surrendered, but not less than zero.
With respect to these surrender provisions, "contract earnings" are surrendered
first followed by purchase payments.
DEFINITION OF "TOTAL FREE AMOUNT"*: the greater of:
a. "contract earnings", or
b. the CV Waiver Percentage shown under Contract Data multiplied by
Your prior Contract Anniversary Contract Value, less any prior
surrenders taken in the current contract year.
*During the first contract year, "total free amount" is the greater of:
a. "contract earnings", or
b. the CV Waiver Percentage shown under Contract Data multiplied by
all purchase payments applied prior to Your surrender request,
less any amounts surrendered prior to Your surrender request that
represent the "total free amount".
WAIVER OF SURRENDER CHARGES
Surrender charges are waived for all of the following.
1. In each contract year during the surrender charge period, the "total free
amount" as defined in the Surrender Charge provision; and
2. death benefit payments made in the event of Your death; and
3. amounts applied to an annuity payment plan; and
4. for Tax Qualified Contracts other than Inherited IRAs, amounts surrendered
to meet applicable minimum distribution requirements under the Code to the
extent they exceed amounts waived under item 1 of this provision (NOTE:
Amounts surrendered under this waiver provision are limited to applicable
required minimum distributions for this contract only and to one time per
year unless We agree otherwise.); and
5. exercise of the Waiver of Surrender Charges upon Hospital or Nursing Home
Confinement provision described below; and
6. exercise of the Waiver of Surrender Charges upon Terminal Illness Diagnosis
provision described below.
Surrender proceeds will not be disbursed until we notify You of any denial of
Your request for waiver of surrender charges and give You the opportunity to
accept or reject surrender proceeds.
SUSPENSION OR DELAY IN PAYMENT OF SURRENDER AMOUNT
We have the right to suspend or delay the date of any surrender payment from the
variable subaccounts for any period:
1. when the New York Stock Exchange is closed; or
2. when trading on the New York Stock Exchange is restricted; or
3. when an emergency exists as a result of which:
a. disposal of securities held in the variable subaccounts is not
reasonably practical; or
b. it is not reasonably practical to fairly determine the value of the
net assets of the variable subaccounts; or
4. during any other period when the Securities and Exchange Commission, by
order, so permits for the protection of security holders.
Rules and regulations of the Securities and Exchange Commission will govern as
to whether the conditions set forth in 2 and 3 exist.
WAIVER OF SURRENDER CHARGES UPON HOSPITAL OR NURSING HOME CONFINEMENT
If You are the Hospitalization/Nursing Home Waiver Benefit Age (shown under
Contract Data) or younger on the Contract Date, surrender charges will be waived
providing the following requirements are met:
1. The amount surrendered is paid directly to You; and
2. We receive satisfactory written proof as described below that You are
confined in a nursing home or hospital; and
3. such confinement has lasted for 60 straight Days or began within 30 Days
following a 60 Day confinement; and
4. such confinement began after the Contract Date of this contract; and
5. We receive Your surrender request no later than 91 Days after the release
from the hospital or nursing home.
To qualify, a letter of proof must:
1. be signed by Your licensed physician or the hospital or nursing home
administrator; and
2. be on appropriate medical letterhead; and
3. specify the confinement dates; and
ICC12 411381 Page 16 (04/2013)
4. if hospital confinement, specify hospital name, address and that it is
operated pursuant to state and federal law; or
5. if nursing home confinement, specify nursing home name, address and that it
meets the following definition of a nursing home.
DEFINITION OF NURSING HOME: To qualify, the nursing home must be a facility or
distinctly separate part of a hospital or other institution which is licensed by
the appropriate licensing agency to engage primarily in providing nursing care
and related services to inpatients; and:
1. provide 24 hour a day nursing service under a planned program of policies
and procedures which was developed with the advice of, and is periodically
reviewed and executed by, a professional group of at least one doctor and
one nurse; and
2. have a doctor on duty or on call at all times to furnish medical care in
case of emergency; and
3. have at least one nurse who is employed there full time (or at least 24
hours per week if the facility has less than 10 beds); and
4. have a nurse on duty or on call at all times; and
5. maintain clinical records for all patients; and
6. have appropriate methods and procedures for handling and administering
drugs and biologicals.
If an institution or facility has multiple licenses or purposes, a portion,
ward, wing or unit thereof will qualify as a nursing home only if it meets all
of the above criteria, is authorized by license to provide nursing care to
inpatients, and is engaged principally in providing such nursing care in
accordance with that license.
DEFINITION OF DOCTOR: A doctor is a physician, as defined in section 1861(r)(1)
of the Federal Social Security Act, acting within the scope of his or her
license in the state of licensure.
DEFINITION OF NURSE: A nurse is a registered professional nurse, acting within
the scope of his or her license in the state of licensure.
WAIVER OF SURRENDER CHARGES UPON TERMINAL ILLNESS DIAGNOSIS
If You are the TI Waiver Benefit Age (shown under Contract Data) or younger on
the Contract Date, surrender charges will be waived providing the following
requirements are met:
1. The amount surrendered is paid directly to You; and
2. We receive satisfactory written proof as described below that You are
diagnosed with a medical condition that with reasonable medical certainty
will result in death within 12 months or less from the date of the
diagnosis; and
3. such diagnosis occurred on or after the first Contract Anniversary.
You must provide Us with a letter of proof when You request the surrender. Your
surrender request may be sent to Us any time after the terminal illness
diagnosis and before a death benefit is payable.
To qualify, the letter of proof must:
1. be signed by Your physician who is legally qualified and licensed to
practice medicine in his/her state of residence and is operating within the
scope of that license; and
2. be on appropriate medical letterhead; and
3. specify the terminal illness, the expected date of death and the date the
terminal illness was initially diagnosed.
ICC12 411381 Page 17 (04/2013)
ANNUITY PROVISIONS
ANNUITY PAYMENT
The Annuitization Start Date is the date shown under Contract Data. It can be
changed by You as provided below. On the Annuitization Start Date, the amount
applied to an annuity payment plan will be the Contract Value after any rider
charges are deducted.
The first payment will be made as provided by the selected plan. Before the
first payment is sent, We will require satisfactory proof of the Annuitant's age
and that the Annuitant is alive. We may also require that You exchange this
contract for a supplemental contract which provides the annuity payments.
CHANGE OF ANNUITIZATION START DATE
You may change the Annuitization Start Date shown under Contract Data by Written
Request or other method agreed to by Us. If You select a new date, it must be at
least 30 Days after We receive Your request.
The Annuitization Start Date must be on or before the latest of:
1. Your 95th birthday, or
2. the 10th Contract Anniversary, or
3. such other date as agreed upon by Us.
ANNUITY PAYMENT PLANS
Annuity payments may be made on a fixed dollar basis, a variable basis or a
combination of both. You can schedule receipt of annuity payments according to
one of the Plans A through D below or another plan agreed to by Us.
PLAN A -- LIFE INCOME NON-REFUND. This provides monthly annuity payments during
the lifetime of the Annuitant. No payments will be made after the Annuitant
dies.
PLAN B -- LIFE INCOME WITH GUARANTEED PERIOD. This provides monthly annuity
payments during the lifetime of the Annuitant with a guarantee by Us that
payments will be made for at least five, 10 or 15 years whether or not the
Annuitant is living. You must select a guaranteed period, and the minimum number
of years payable is five years.
PLAN C -- LIFE INCOME WITH INSTALLMENT REFUND.This provides monthly annuity
payments during the lifetime of the Annuitant with a guarantee by Us that
payments will be made at least for a certain number of months whether or not the
Annuitant is living. We determine the number of months by dividing the amount
applied under this plan by the amount of the first monthly annuity payment.
PLAN D -- JOINT AND SURVIVOR LIFE INCOME NON-REFUND. This provides monthly
annuity payments during the lifetime of the Annuitant and joint Annuitant. When
either the Annuitant or the joint Annuitant dies We will continue to make
monthly payments during the lifetime of the survivor. No payments will be made
after the death of both the Annuitant and joint Annuitant.
PLAN SELECTION
You may select the plan by Written Request, or other method agreed to by Us, at
least 30 Days before the Annuitization Start Date. If We have not received Your
Written Request to select a plan, the first annuity payment will be made 30 Days
after the Annuitization Start Date according to Plan B with monthly payments
guaranteed for ten years.
After the Annuitization Start Date, You cannot change to a different plan.
If the amount to be applied to a plan is less than $2,000 or would not provide
an initial monthly payment of at least $20, We have the right to change the
frequency of the payment or to make a lump sum payment of the amount that would
have been applied to a plan.
ALLOCATION OF CONTRACT VALUES TO PROVIDE FIXED AND VARIABLE PAYMENTS
On the Annuitization Start Date, You use the value described under the Annuity
Payment provision above, to provide Fixed Annuity and/or Variable Annuity
payments.
Unless We agree otherwise, You may use a maximum of ten variable subaccounts at
any one time. The Special DCA Fixed Account is not available on and after the
Annuitization Start Date. In addition, certain variable subaccounts may not be
available on and after the Annuitization Start date.
FIXED ANNUITY PAYMENTS
A Fixed Annuity is an annuity with payments which:
1. are guaranteed as to dollar amount; and
2. do not vary in amount based on the investment performance of the variable
subaccounts.
When annuity payments begin, amounts You allocate to provide fixed dollar
payments under Plans A, B, C and D will be applied to the applicable Annuity
Payout Rates Table. This will be done in accordance with the payment plan
chosen. The minimum amount payable for each $1,000 so applied is shown
ICC12 411381 Page 18 (04/2013)
in Table B under the Tables of Annuity Payout Rates provision.
VARIABLE ANNUITY PAYMENTS
A Variable Annuity is an annuity with payments which:
1. are not predetermined or guaranteed as to dollar amount; and
2. vary in amount based on the investment performance of the variable
subaccounts.
DETERMINATION OF THE FIRST VARIABLE ANNUITY PAYMENT
When annuity payments begin, the amounts You allocate to provide Variable
Annuity payments will be applied to the applicable Annuity Payout Rates Table.
This will be done:
1. on the Annuitization Start Date; and
2. in accordance with the payment plan chosen. The amount payable for the
first payment for each $1,000 so applied under Plans A, B, C and D is shown
in Table A under the Tables of Annuity Payout Rates provision.
VARIABLE ANNUITY PAYMENTS AFTER THE FIRST PAYMENT
Variable annuity payments after the first payment vary in amount. The amount
changes with the investment performance of the variable subaccounts. The dollar
amount of Variable Annuity payments after the first is not fixed. It may change
from month to month. The dollar amount of such payments is determined as
follows.
1. The dollar amount of the first annuity payment is divided by the value of
an Annuity Unit as of the Valuation Date on or next preceding the seventh
Day before the Annuitization Start Date. This result establishes the fixed
number of Annuity Units for each monthly annuity payment after the first
payment. This number of Annuity Units remains fixed during the annuity
payment period unless exchanged for units of any of the other variable
subaccounts as provided below.
2. The fixed number of Annuity Units is multiplied by the Annuity Unit value
as of the Valuation Date on or next preceding the seventh Day before the
date the payment is due. The result establishes the dollar amount of the
payment.
In order for the dollar amount of variable annuity payments not to decrease, the
assets of the variable account must have a 5% annualized investment return.
We guarantee that the dollar amount of each payment after the first will not be
affected by variations in expenses or mortality experience.
EXCHANGE OF ANNUITY UNITS
After the Annuitization Start Date, Annuity Units of any variable subaccount may
be exchanged for units of any of the other variable subaccounts. This may be
done no more than once in any contract year. Unless We agree otherwise You may
use a maximum of ten variable subaccounts at any one time. No exchanges may be
made to or from any Fixed Annuity after the Annuitization Start Date.
ICC12 411381 Page 19 (04/2013)
DEFERRED ANNUITY CONTRACT
RIVERSOURCE LIFE INSURANCE COMPANY [RIVERSOURCE LOGO]
Offices:
70100 Ameriprise Financial Center
Minneapolis, MN 55474
Flexible Purchase Payments -- Subject to Limitations
Optional Fixed Dollar or Variable Accumulation Values and Annuity Payments
Annuity Payments Begin on the Annuitization Start Date
This Contract is Nonparticipating - Dividends Are Not Payable
Surrender Charges May Be Waived under Specified Conditions
CONTRACT DATA
Deferred Annuity Contract: RIVERSOURCE(R) RAVA 5 SELECT(R) VARIABLE ANNUITY
Contract Number: 9920-SAMPLE Contract Date: May 1, 2013
Annuitant: John Doe Annuitization Start Date: May 1, 2073
Contract Owner: John Doe Age at Issue: 35
Application Signed State/Contract Delivery State: state
State Insurance Department: 800-ZZZ-ZZZZ
Initial Purchase Payment: $25,000 Contract Type: Non-Qualified
Scheduled Purchase Payment:
Annual Amount: NA
Maximum Purchase Payments Permitted:
1st Contract Year and Total:
- Under age 86: $1,000,000
- Age 86 or older and under age 91: $ 100,000
- Age 91 or older: $ 0
2nd Contract Year through 5th Contract Year:
- Under age 86: $ 100,000
- Age 86 or older and under age 91: $ 50,000
- Age 91 or older: $ 0
Each Contract Year thereafter:
- Under age 86: $ 0*
- Age 86 or older and under age 91: $ 0*
- Age 91 or older: $ 0
*In addition, if this is a tax qualified contract, We allow additional purchase
payments in any contract year up to the maximum permissible annual contribution
described by the Code that was in effect on the Contract Date.
Minimum Additional Purchase Payment: $50
Minimum Purchase Payment or Transfer Amount
to any Guarantee Period Account: $1,000
Purchase Payment Credits: Not available with this contract
Upon issuance of this contract your purchase payments have been scheduled to be
paid and applied to the Fixed Account, Guarantee Period Accounts and variable
subaccounts investing in funds as shown below. You may change the amount,
frequency and allocations as provided in this contract. Refer to the Purchase
Payments provision.
Payment
Allocation
Allocation Percentage
---------- ----------
FIXED ACCOUNT
Regular Fixed Account ___%
6-month Special DCA Fixed Account ___%
12-month Special DCA Fixed Account ___%
GUARANTEE PERIOD ACCOUNTS (GPA)
1 Year Guarantee Period Account ___%
2 Year Guarantee Period Account ___%
3 Year Guarantee Period Account ___%
4 Year Guarantee Period Account ___%
5 Year Guarantee Period Account ___%
6 Year Guarantee Period Account ___%
7 Year Guarantee Period Account ___%
8 Year Guarantee Period Account ___%
9 Year Guarantee Period Account ___%
10 Year Guarantee Period Account ___%
AIM V.I.
Capital Appreciation Fund, Series II Shares ___%
Capital Development Fund, Series II Shares ___%
Global Health Care Fund, Series II Shares ___%
International Growth Fund, Series II Shares ___%
ALLIANCEBERNSTEIN VPS
Global Thematic Growth Portfolio (Class B) ___%
Growth and Income Portfolio (Class B) ___%
International Value Portfolio (Class B) ___%
AMERICAN CENTURY VP
Mid Cap Value, Class II ___%
Ultra(R), Class II ___%
Value, Class II ___%
ICC12 411381-DPRS5 Page 3.0 A(04/2013)
CONTRACT DATA - Continued
Contract Number: 9920-SAMPLE Contract Date: May 1, 2013
Payment
Allocation
Allocation Percentage
--------------------------------------------------- ----------
COLUMBIA
High Yield Fund, Variable Series, Class B ___%
Marsico Growth Fund, Variable Series, Class A ___%
Marsico International Opportunities Fund, Variable
Series, Class B ___%
Small Cap Value Fund, Variable Series, Class B ___%
CREDIT SUISSE TRUST -
Commodity Return Strategy Portfolio ___%
DREYFUS
VIF International Equity Portfolio, Service Shares ___%
VIF International Value Portfolio, Service Shares ___%
EATON VANCE VT
Floating-Rate Income Fund ___%
FIDELITY(R) VIP
Contrafund(R) Portfolio Service Class 2 ___%
Investment Grade Bond Portfolio Service Class 2 ___%
Mid Cap Portfolio Service Class 2 ___%
Overseas Portfolio Service Class 2 ___%
FRANKLIN TEMPLETON VIP TRUST
Franklin Income Securities Fund - Class 2 ___%
Templeton Global Income Securities Fund - Class 2 ___%
Templeton Growth Securities Fund - Class 2 ___%
GOLDMAN SACHS VIT
Mid Cap Value Fund - Institutional Shares ___%
Structured U.S. Equity Fund - Institutional Shares ___%
JANUS ASPEN SERIES
Large Cap Growth Portfolio: Service Shares ___%
LEGG MASON PARTNERS VARIABLE
Small Cap Growth Portfolio, Class I ___%
MFS(R)
Total Return Series - Service Class ___%
Utilities Series - Service Class ___%
OPPENHEIMER
Capital Appreciation Fund/VA, Service Shares ___%
Global Securities Fund/VA, Service Shares ___%
Main Street Small Cap Fund/VA, Service Shares ___%
Strategic Bond Fund/VA, Service Shares ___%
PIMCO VIT
All Asset Portfolio, Advisor Share Class ___%
RIVERSOURCE VARIABLE SERIES TRUST
RIVERSOURCE PARTNERS VP
Fundamental Value Fund ___%
Select Value Fund ___%
Small Cap Value Fund ___%
RIVERSOURCE VP
Cash Management Fund ___%
Diversified Bond Fund ___%
Diversified Equity Income Fund ___%
Dynamic Equity Fund ___%
Global Inflation Protected Securities Fund ___%
High Yield Bond Fund ___%
Income Opportunities Fund ___%
Mid Cap Value Fund ___%
S&P 500 Index Fund ___%
Short Duration U.S. Government Fund ___%
SELIGMAN VP
Growth Fund ___%
THREADNEEDLE VP
Emerging Markets Fund ___%
International Opportunity Fund ___%
VAN KAMPEN LIT
Comstock Portfolio Class II Shares ___%
VAN KAMPEN UIF
Global Real Estate Portfolio, Class II Shares ___%
Mid Cap Growth Portfolio, Class II Shares ___%
WANGER
International ___%
USA ___%
ICC12 411381-DPRS5 Page 3.1 A(04/2013)
CONTRACT DATA - Continued
Contract Number: 9920-SAMPLE Contract Date: May 1, 2013
Fixed Account Minimum Interest Rate: 1.00%
Any purchase payments allocated to the Regular Fixed Account on the
Contract Date will earn interest, for the first year, at the annual
effective rate of 1.00%. New rates may be declared from time to time.
Any purchase payments allocated to the 6-Month Special DCA fixed
account on the Contract Date will earn interest at the annual
effective rate of 1.00%. New rates may be declared from time to time.
Any purchase payments allocated to the 12-Month Special DCA fixed
account on the Contract Date will earn interest at the annual
effective rate of 1.00%. New rates may be declared from time to time.
MVA Risk Factor: 0.001
See Guarantee Period Accounts endorsement, MVA formula.
CV Waiver Percentage: 10%
See the definition of "total free amount" in the Surrender Charge
provision.
Hospitalization/Nursing Home Waiver Benefit Age: 75
See Waiver of Surrender Charges upon Hospital or Nursing Home Confinement
provision.
TI Waiver Benefit Age: 100
See Waiver of Surrender Charges upon Terminal Illness Diagnosis provision.
ROPP Benefit Age: 79
See Payments to Beneficiaries provision.
Schedule of Surrender Charges: If you surrender all or a portion of this
contract, a surrender charge may apply. A surrender charge applies if all or
part of the Contract Value is surrendered during the surrender charge period
which is the first four contract years.
Contract Surrender Charge Percentage
Year Applied to Purchase Payments
--------- ----------------------------
1 7%
2 6%
3 5%
4 4%
Thereafter 0%
You may surrender the greater of (1) your prior contract anniversary Contract
Value multiplied by the CV Waiver Percentage shown above or (2) contract
earnings each contract year during the surrender charge period without incurring
a surrender charge. Refer to the Surrender Provisions.
ICC12 411381-DPRS5 Page 3.2 A(04/2013)
CONTRACT DATA - Continued
Contract Number: 9920-SAMPLE Contract Date: May 1, 2013
Annual Mortality and Expense Risk Fee:
Through the 10th Contract Anniversary(1)(2)
Base Fee + Optional Death Benefit Rider Fee = Total M&E Fee
1.35% + 0% = 1.35% of the daily net asset value
After the 10th Contract Anniversary(1)(2)
Base Fee + Optional Death Benefit Rider Fee = Total M&E Fee
0.95% + 0% = 0.95% of the daily net asset value
(1) If the Annuitization Start Date is prior to or on the 10th Contract
Anniversary, the Base Fee will not decrease after the 10th Contract
Anniversary.
(2) To determine which Base Fee applies, use the Contract Anniversary on the
original Contract Date: XX/XX/XXXX.
Annual Variable Account Administrative Charge: 0% of the daily net asset value
Contract Administrative Charge:
Initial Annual Charge $30
We reserve the right to adjust this charge after the first contract
anniversary, but the charge will never exceed $50.
Initial Annual Charge if contract value equals or exceeds $50,000 $0
We reserve the right to charge up to $20 after the first contract
anniversary. See Contract Administrative Charge provision.
Regular Fixed Account Purchase Payment and Transfer Limits:
1. Payments to the Regular Fixed Account are limited to 100% of each
payment. (There are no limits on payments to the Regular Fixed Account
if the payment is used to establish automated transfers under a dollar
cost averaging arrangement, unless this exception is terminated on a
nondiscriminatory basis with notification.)
2. Transfers to the Regular Fixed Account are limited to transfer amounts
which result in the Regular Fixed Account Contract Value (after the
transfer) being no more than 100% of the total Contract Value. (There
are no limits on transfers to the Regular Fixed Account if the
transfer is used to establish automated transfers under a dollar cost
averaging arrangement, unless this exception is terminated on a
nondiscriminatory basis with notification.)
3. Transfers from the Regular Fixed Account (including automated
transfers under a dollar cost averaging arrangement) are limited to
the greater of:
a. $10,000; or
b. 30% of the Regular Fixed Account Contract Value at the
beginning of the contract year. All purchase payments
received into the Regular Fixed Account prior to Your
transfer request are considered Your beginning of contract
year value during the first contract year.
ICC12 411381-DPRS5 Page 3.3 A(04/2013)
EX-99.4.3
4
c30010exv99w4w3.txt
EX-99.4.3
RIVERSOURCE LIFE INSURANCE COMPANY
70100 Ameriprise Financial Center
Minneapolis, MN 55474
1-800-862-7919
DEFERRED ANNUITY CONTRACT
This is a deferred annuity contract. It is a legal contract between You, as the
Owner, and Us, RiverSource Life Insurance Company, a stock company, Minneapolis,
Minnesota. PLEASE READ YOUR CONTRACT CAREFULLY.
If You are living on the Annuitization Start Date, We will begin to pay You
monthly payments, subject to other provisions of this contract. This date may be
changed as provided in this contract.
We issue this contract in consideration of the payment of the initial purchase
payment.
ACCUMULATION VALUES AND ANNUITY PAYMENTS, WHEN BASED ON THE INVESTMENT RESULTS
OF THE VARIABLE SUBACCOUNTS, ARE VARIABLE AND NOT GUARANTEED AS TO FIXED DOLLAR
AMOUNT. SEE THE ACCOUNTS: FIXED AND VARIABLE SECTION FOR VARIABLE ACCOUNT
PROVISIONS.
OPTIONAL RIDER CHARGES MAY REDUCE THE DEATH BENEFIT AMOUNT TO LESS THAN THE
CONTRACT VALUE. SEE THE PAYMENTS TO BENEFICIARIES PROVISIONS.
NOTICE OF YOUR RIGHT TO EXAMINE THIS CONTRACT FOR TEN DAYS. If for any reason
You are not satisfied with this contract, You may cancel this contract by
returning it to Us or Our agent within ten Days after You receive it.
- If this is not an IRA contract, upon such cancellation We will refund
an amount equal to the sum of: (1) the Contract Value at the end of
the Valuation Period during which We receive the contract; and (2) any
premium tax charges paid.
- If this is an IRA contract, upon such cancellation We will refund all
purchase payments which You have paid.
- If this contract is intended to replace an existing contract, your
right to examine this contract is extended to 30 days or any longer
period if required by the state in which it is delivered. This
contract will then be considered void from its start.
Signed for and issued by RiverSource Life Insurance Company of Minneapolis,
Minnesota, as of the Contract Date.
-s- SIGNATURE -s- SIGNATURE
Secretary President
Flexible Purchase Payments -- Subject to Limitations
Optional Fixed Dollar or Variable Accumulation Values and Annuity Payments
Annuity Payments Begin on the Annuitization Start Date
This Contract is Nonparticipating -- Dividends Are Not Payable
ICC12 411382 Page 1 (04/2013)
GUIDE TO CONTRACT PROVISIONS
CONTRACT DATA......................................... Page 3
Important contract specifications, fund allocations,
fees and charges
DEFINITIONS........................................... Pages 3-4
Important words and meanings
GENERAL PROVISIONS.................................... Pages 5-6
Entire Contract
Annuity Tax Qualification
Contract Modification
Incontestable
Benefits Based on Incorrect Data
Conformity with Interstate Insurance Product
Regulation Commission Standards and State Laws
Reports to Owner
Evidence of Survival
Protection of Proceeds
Payments by Us
Voting Rights
Termination of the Contract
OWNERSHIP, ANNUITANT AND BENEFICIARY.................. Pages 6-7
Owner Rights
Non-Natural Person and Revocable Trust Ownership
Change of Ownership
Beneficiary
Change of Beneficiary
Change of Annuitant or Contingent Annuitant
Pre-election of an Annuity Payment Plan
Assignment
PAYMENTS TO BENEFICIARIES............................. Pages 8-9
Spouse's Option to Continue Contract
Death Benefit Before the Annuitization Start Date
Payment Options
Amount Payable Before the Annuitization Start Date
Death Benefit After the Annuitization Start Date
PURCHASE PAYMENTS..................................... Page 10
Purchase Payments
Additional Purchase Payments
Payment Limits
Allocation of Purchase Payments
ACCOUNTS: FIXED AND VARIABLE.......................... Pages 11-12
The Fixed Account
Interest to be Credited
The Variable Account
Investments of the Variable Account
Valuation of Assets
Variable Account Accumulation Units
Variable Account Accumulation Unit Value
Net Investment Factor
Mortality and Expense Risk Charge
Variable Account Administrative Charge
Annuity Unit Value
CONTRACT VALUE........................................ Pages 13-14
Contract Value
Contract Value in the Variable Account
Contract Value in the Regular Fixed Account
Contract Value in the Special DCA Fixed Account
Contract Administrative Charge
Premium Tax Charges
Transfers of Contract Values
Dollar Cost Averaging
Special DCA Fixed Account
SURRENDER PROVISIONS.................................. Page 15
Surrender of the contract for its surrender value
Rules for Surrender
Surrender Value
Suspension or Delay in Payment of Surrender
ANNUITY PROVISIONS.................................... Pages 16-17
Annuity Payment
Change of Annuitization Start Date
Annuity Payment Plans
Plan Selection
Allocation of Contract Values to Provide Fixed and
Variable Payments
Fixed Annuity Payments
Variable Annuity Payments
Determination of the First Variable Annuity Payment
Variable Annuity Payments After the First Payment
Exchange of Annuity Units
ICC12 411382 Page 2 (04/2013)
DEFINITIONS
The following words are used often in this contract. When We use these words,
this is what We mean:
ACCUMULATION UNIT
An Accumulation Unit is an accounting unit of measure. It is used to calculate
the Contract Value in the Variable Account prior to the application of amounts
to an annuity payment plan.
ANNUITANT
The Annuitant is the person or persons on whose life periodic annuity payments
depend. If there are joint Annuitants prior to the Annuitization Start Date, the
term Annuitant in this contract is replaced in all instances with the term
Annuitants.
ANNUITIZATION START DATE
The Annuitization Start Date is the date on which annuity payments begin as
described in the Annuity Payment provision. This date is either as shown under
Contract Data or the date as changed as provided in this contract. You will be
notified prior to the Annuitization Start Date.
ANNUITY UNIT
An Annuity Unit is an accounting unit of measure. It is used to calculate the
value of annuity payments from the variable subaccounts on and after the
Annuitization Start Date.
ATTAINED AGE
Attained Age is the number of whole year since birth, which is the same as the
age as of a person's latest birthday, unless born on February 29.
CODE
The Code is the Internal Revenue Code of 1986, as amended, its regulations
thereunder and/or promulgations of the Internal Revenue Service, as applicable.
CONTINGENT ANNUITANT
The Contingent Annuitant is the person who becomes the Annuitant when the
current Annuitant dies prior to the Annuitization Start Date.
CONTRACT ANNIVERSARY
The Contract Anniversary is the same Day and month as the Contract Date each
year that the contract remains in force.
CONTRACT DATE
The Contract Date is the date from which Contract Anniversaries, contract years,
and contract months are determined. Your Contract Date is shown under Contract
Data.
CONTRACT VALUE
The Contract Value is the sum of the Contract Value in the Regular Fixed
Account, Contract Value in the Special DCA Fixed Account and Contract Value in
the Variable Account.
DAY
Unless specified otherwise, a Day is a calendar day.
FIXED ACCOUNT
The Fixed Account is made up of all Our assets other than those in any separate
account.
FIXED ANNUITY
A Fixed Annuity is an annuity with payments which are guaranteed by Us as to
dollar amount during the annuity payment period.
NONQUALIFIED CONTRACT
A Nonqualified Contract is a contract used primarily for retirement purposes
that is not intended to qualify as a Tax Qualified Contract.
OWNER, YOU, YOUR
"Owner," "You" and "Your" refer to the owner or owners of this contract. Any
contract provisions based on the age of the Owner will be based on the age of
the oldest Owner. Any ownership change, including continuation of the contract
by Your spouse under the Spouse's Option to Continue Contract provision,
redefines "Owner," "You" and "Your" as the new owner.
REGULAR FIXED ACCOUNT
The Regular Fixed Account is an option available within the Fixed Account to
which You may allocate purchase payments and Contract Values. Amounts allocated
to the Regular Fixed Account will earn a specified rate of interest.
ICC12 411382 Page 3 (04/2013)
SPECIAL DCA FIXED ACCOUNT
The Special DCA Fixed Account is an option within the Fixed Account to which You
may allocate purchase payments. Purchase payment amounts You allocate to the
Special DCA Fixed Account must be transferred within a specified period of time
to selected variable subaccounts. The amounts allocated to the Special DCA Fixed
Account earn a specified rate of interest until transferred out of the Special
DCA Fixed Account.
TAX QUALIFIED CONTRACT
A Tax Qualified Contract is a contract that is intended to qualify as part of a
tax-advantaged retirement plan such as individual retirement annuities,
tax-sheltered savings annuities or other tax-advantaged retirement plans.
VALUATION DATE
A Valuation Date is each Day the New York Stock Exchange is open for trading. At
the New York Stock Exchange close of business, the next Valuation Date begins.
Whenever Your Contract Anniversary is not a Valuation Date, Your Contract Value
for that Contract Anniversary will be based on close of business values on the
next Valuation Date.
VALUATION PERIOD
A Valuation Period is the interval of time commencing at the New York Stock
Exchange close of business on each Valuation Date and ending at the close of
business on the next Valuation Date.
VARIABLE ACCOUNT
The Variable Account consists of separate variable subaccounts to which You may
allocate Contract Values including purchase payments. Each subaccount invests in
shares of one fund. The variable subaccounts available on the Contract Date are
shown under Contract Data. The value of Your investment in each variable
subaccount changes with the performance of the particular fund.
VARIABLE ANNUITY
A Variable Annuity is an annuity with payments which are not predetermined or
guaranteed as to dollar amount and vary in amount with the investment experience
of one or more of the variable subaccounts.
WE, US, OUR
Any reference to "We," "Us" or "Our" means RiverSource Life Insurance Company.
WRITTEN REQUEST
A Written Request is a request in writing, on a form acceptable to Us, signed by
You and delivered to Us at Our corporate office.
ICC12 411382 Page 4 (04/2013)
GENERAL PROVISIONS
ENTIRE CONTRACT
This contract form and any attached endorsements or riders are the entire
contract between You and Us.
No one except one of Our corporate officers (President, Vice President,
Secretary or Assistant Secretary) can change or waive any of Our rights or
requirements under this contract. That person must do so in writing. None of Our
other representatives or other persons has the authority to change or waive any
of Our rights or requirements under this contract.
ANNUITY TAX QUALIFICATION
This contract is intended to qualify as an annuity contract under Section 72 and
other relevant sections of the Code for Federal income tax purposes. To that
end, the provisions of this contract are to be interpreted to ensure or maintain
such tax-qualification, despite any other provisions to the contrary. We reserve
the right to unilaterally amend this contract to reflect any clarifications that
may be needed or are appropriate to maintain such tax qualification, subject to
any necessary regulatory approval. We will send You a copy of any such
amendments.
CONTRACT MODIFICATION
This contract may be modified at any time by written agreement between You and
Us. The modification must be signed by one of Our corporate officers (President,
Vice President, Secretary or Assistant Secretary).
INCONTESTABLE
This contract is incontestable from its Contract Date.
BENEFITS BASED ON INCORRECT DATA
If benefit amounts are determined by incorrect information regarding a person's
age or gender, payments described in this contract will be adjusted. They will
be based on what would have been provided using the correct birth date and/or
correct gender. Any underpayments made by Us will be made up promptly without
interest. We reserve the right to recover any amounts overpaid from You or Your
estate. If there are any future payments under this contract, overpayments made
by Us will be subtracted, without interest, and/or as otherwise legally
permissible.
CONFORMITY WITH INTERSTATE INSURANCE PRODUCT REGULATION COMMISSION STANDARDS AND
STATE LAWS
This contract was approved under the authority of the Insurance Product
Regulation Commission (IIPRC) and issued under the Commission standards. Any
provision of the contract that on the provision's effective date is in conflict
with IIPRC standards for this product type is hereby amended to conform to the
IIPRC standards for this product type as of the provision's effective date. The
values and benefits of this contract are at least equal to those required by the
IIPRC. Any paid up annuity, cash surrender or death benefits available under the
contract are not less than the minimum benefits required by Section 7 of the
National Association of Insurance Commissioners Model Variable Annuity
Regulation 250.
To the extent not covered by IIPRC standards for this product type effective at
the time of the IIPRC contract approval, this contract is governed by the law of
the state in which it is delivered.
REPORTS TO OWNER
At least once a year as of a date not more than four months previous to the date
of mailing, We will send You, without charge, a statement showing (1) the
Contract Value as of the beginning and end dates of the period, (2) the
contract's surrender value and any outstanding loan value as of the end date of
the period, and (3) amounts credited or debited during the period, identified by
type. This statement will also show any other information required under state
or federal law.
We will also send You, without charge, notice of current or other values upon
Your request.
EVIDENCE OF SURVIVAL
Where any payments under this contract depend on the recipient or Annuitant
being alive on a certain date, We may require proof satisfactory to Us that such
condition has been met. Such proof may be required prior to making the payments.
PROTECTION OF PROCEEDS
Payments under this contract are not assignable by any beneficiary prior to the
time they are due. To the extent allowed by law, payments are not subject to the
claims of creditors or to legal process.
ICC12 411382 Page 5 (04/2013)
PAYMENTS BY US
All sums payable by Us are payable at Our corporate office. Any payment or
surrender from a variable subaccount is based on the variable subaccount value.
VOTING RIGHTS
If federal law requires, We will give certain voting rights to contract owners.
If You have voting rights, We will send You a notice telling You the time and
place of a shareholder meeting. The notice will also explain matters to be voted
upon and how many votes to which You are entitled.
TERMINATION OF THE CONTRACT
The contract will be terminated under the following conditions:
1. After the death benefit is paid, the contract will terminate.
2. Reduction of the Contract Value to zero will terminate the contract unless
benefits are payable under the terms of certain optional withdrawal benefit
or accumulation benefit riders, if any, attached to this contract.
3. Your Written Request for a full surrender will terminate the contract.
OWNERSHIP, ANNUITANT AND BENEFICIARY
OWNER RIGHTS
Unless otherwise stated in this contract, You may exercise all rights and
privileges provided in this contract or allowed by Us.
If two Owners jointly own this contract, each Owner may independently exercise
transfers among the various account options and designate purchase payment
allocations. Unless agreed to by Us, all other terms, conditions, rights and
requirements that apply to an Owner under this contract shall apply jointly to
each joint Owner named.
NON-NATURAL PERSON AND REVOCABLE TRUST OWNERSHIP
The Owner may be a non-natural person (e.g. irrevocable trust or corporation) or
a revocable trust if We agree. If the Owner or any joint Owner is a non-natural
person or a revocable trust, the Annuitant will be deemed to be the Owner for
any provision or benefit using the age or life of the Owner. These include
Payments to Beneficiaries provisions, the ROPP Benefit Age and Maximum Purchase
Payments shown under Contract Data. If the Owner or any joint Owner is a
non-natural person or revocable trust, the Annuitant may not be changed.
CHANGE OF OWNERSHIP
You may change the ownership of this contract by Written Request or other method
agreed to by Us. Once We receive the change, it will take effect as of the date
of Your request, subject to any action taken or payment made by Us before the
receipt.
A change of ownership may result in tax consequences.
See any attached tax qualified endorsement for ownership change limitations.
BENEFICIARY
Except as otherwise provided in the contract, beneficiaries are those You
designate to receive the death benefit of this contract if You die while this
contract is in force. We will not be bound by any such designation unless made
by Written Request or other method agreed to by Us and recorded by Us. Any
beneficiary designation takes effect as of the date of Your request. However, We
are not liable for any payment made by Us before the recording.
For joint spousal ownership with right of survivorship, the surviving spouse is
deemed the sole beneficiary superseding any other beneficiary designation. This
permits the surviving spouse to use the Spouse's Option to Continue Contract
provision in the Payments to Beneficiaries section of the contract. (The deemed
surviving spouse sole beneficiary designation may only be overridden if
specifically requested in writing and signed by both joint spousal Owners.)
Only those beneficiaries who are living as of the date of death may share in the
benefits, if any. Benefits will be paid to all primary beneficiaries surviving
You, in accordance with Your last beneficiary designation on file. If none
survive, proceeds will be paid to all surviving contingent beneficiaries. If
there is no valid beneficiary designation or if no beneficiary survives, We will
pay the benefits as follows:
- if there are joint Owners, We will pay the surviving Owner(s),
otherwise;
- if the Owner is a non-natural person or revocable trust, We will pay
the Owner, otherwise;
- to Your spouse, if living;
- if no spouse is living, to Your lawful children per stirpes;
- if You have no spouse or direct descendents, to Your parents equally
or the survivor, if living, otherwise to Your estate.
ICC12 411382 Page 6 (04/2013)
CHANGE OF BENEFICIARY
BY OWNER: You may change the beneficiary at any time by Written Request or other
method agreed to by Us. Once We receive the change, it will take effect as of
the date of Your request. However, We are not liable for any payment made by Us
before the receipt.
BY BENEFICIARY: If the death benefit under this contract becomes payable to a
beneficiary (recipient) under an annuity payment plan, that recipient shall have
the right to name, or later change, their own beneficiary by Written Request. If
there is no valid beneficiary designation or if no beneficiary survives the
recipient, We will pay any benefits due under the annuity payment plan following
the death of the original beneficiary as follows:
- to the recipient's spouse, if living;
- if no spouse is living, to the recipient's lawful children per
stirpes;
- if the recipient has no spouse or direct descendents, to the
recipient's parents equally or the survivor, if living, otherwise to
the recipient's estate.
CHANGE OF ANNUITANT OR CONTINGENT ANNUITANT
If:
1. this is a Nonqualified Contract, and
2. You are a natural person, and
3. You are not a revocable trust, and
4. it is prior to the Annuitization Start Date;
then You may change the Annuitant or Contingent Annuitant by Written Request or
other method agreed to by Us. Once We receive the request and We record the
change, it will take effect as of the date of Your request, subject to any
action taken or payment made by Us before the recording.
In addition, if the Annuitant is not an Owner and the Annuitant dies before the
Annuitization Start Date, the Owner becomes the Annuitant unless a Contingent
Annuitant has been previously selected. The contract continues in force, and no
death benefit is payable.
If the Annuitant is an Owner and the Annuitant dies before the Annuitization
Start Date, the death benefit is payable.
In the case of joint ownership, one Owner must be named as Contingent Annuitant.
PRE-ELECTION OF AN ANNUITY PAYMENT PLAN
If this is a Nonqualified Contract, You may elect how the death benefit
described in this contract is to be paid in the event of Your death before the
Annuitization Start Date. You must make the election by Written Request or other
method agreed to by Us. In this event the death benefit shall be payable as so
elected by You, rather than as requested by the beneficiary. If for any reason
such election does not satisfy Section 72 of the Code or related distribution
requirements, the election will be void and the beneficiary will then be
permitted to elect payment pursuant to the provisions of the contract. This
provision is available for Tax Qualified Contracts if agreed to by Us.
ASSIGNMENT
If this is a Nonqualified Contract, You can assign this contract or any interest
in it. Your interest and the interest of any beneficiary are subject to the
interest of the assignee. An assignment is not a change of ownership and an
assignee is not an Owner as these terms are used in this contract. Any amounts
payable to the assignee will be paid in a single sum.
A copy of any assignment must be submitted to Us at Our corporate office. Unless
otherwise specified by You, assignments shall be effective on the date the
assignment notice is signed, subject to any action taken or payment made by Us
before the assignment was received at Our corporate office. We are not
responsible for the validity or effect, tax or otherwise, of any assignment.
ICC12 411382 Page 7 (04/2013)
PAYMENTS TO BENEFICIARIES
SPOUSE'S OPTION TO CONTINUE CONTRACT
If You die before the Annuitization Start Date and Your spouse is the sole
primary beneficiary or a joint tenant with right of survivorship, Your spouse
may accept payment of the death benefit under options described below or keep
the contract in force as Owner, including any associated riders in force,
subject to rider continuation rules in effect. If the Owner was also the
Annuitant, then the spouse becomes the Annuitant as well.
Election by the spouse to continue the contract must be made by Written Request,
or other method agreed to by Us, at the time We receive due proof of death. Upon
spousal continuation the Contract Value shall be equal to the death benefit that
would otherwise have been paid but with no reduction for rider charges on riders
that remain in-force. The spouse may make additional purchase payments to the
contract.
DEATH BENEFIT BEFORE THE ANNUITIZATION START DATE
A death benefit is payable to the beneficiary if You die when the Contract Value
is greater than zero and before the Annuitization Start Date.
If the annuity is jointly owned by non-spousal Owners, then the death benefit
will be paid to the beneficiary at the first death of a joint Owner.
If the annuity is jointly owned by spousal Owners, see Spouse's Option to
Continue Contract above.
PAYMENT OPTIONS
Any amounts payable or applied by Us as described in this section will be based
on the Contract Values as of the Valuation Date on or next following the date on
which We receive due proof of death at Our corporate office. Due proof of death
includes all documents needed to complete a beneficiary's claim.
The death benefit for each beneficiary will be payable in a lump sum on the
Valuation Date We receive due proof of death from that beneficiary. The
beneficiary may elect to receive payment anytime within five years after the
date of death.
In lieu of a lump sum, payments may be made under a payment plan, provided:
- the beneficiary elects the plan at the time We receive due proof of
death; and
- the plan provides payments over a period which does not exceed the
life or over a period not extending beyond the life expectancy of the
beneficiary; and
- payments begin no later than one year after the date of death.
If the beneficiary elects an annuity payment plan, such beneficiary shall be the
Annuitant for purposes of a lifetime payment plan.
AMOUNT PAYABLE BEFORE THE ANNUITIZATION START DATE
If You are the ROPP Benefit Age (shown under Contract Data) or younger on the
later of (1) the Contract Date or (2) the date of the most recent "covered life
change," (if applicable), and if You die prior to the Annuitization Start Date
with a Contract Value greater than zero; then We will pay the beneficiary the
greater of the following amounts:
1. the Contract Value, after any rider charges have been deducted; or
2. the Return of Purchase Payment (ROPP) Value.
If You are older than the ROPP Benefit Age (shown under Contract Data) on the
later of (1) the Contract Date or (2) the date of the most recent "covered life
change" (if applicable), and if You die prior to the Annuitization Start Date
with a Contract Value greater than zero; then We will pay the beneficiary the
Contract Value after any rider charges have been deducted.
COVERED LIFE CHANGE DEFINITION: A "covered life change" is either A)
continuation of the contract by a spouse under the Spouse's Option to Continue
Contract provision or B) an ownership change where an Owner after the ownership
change was not an Owner prior to the change.
RETURN OF PURCHASE PAYMENT (ROPP) VALUE DEFINITION: On the Contract Date the
ROPP value is established as the total purchase payments made to the contract.
Adjustments are made to the ROPP value in the following circumstances:
1. Additional purchase payments will be added to the ROPP value.
2. Partial surrenders will result in "adjustments for partial surrenders"
subtracted from the ROPP value.
3. After a "covered life change" for a spouse who continues the contract, the
ROPP value is reset to the Contract Value on the date of continuation after
any increases to the Contract Value due to the death benefit that would
otherwise have
ICC12 411382 Page 8 (04/2013)
been paid but with no reduction for rider charges on riders that remain
in-force.
4. After a "covered life change" other than for a spouse who continues the
contract:
if the prior Owner was eligible for the ROPP, the ROPP value is reset on
the Valuation Date We receive Your Written Request for the "covered life
change" to the lesser of A or B where:
A = the Contract Value on that date after any rider charges have
been deducted, and
B = the ROPP value on that date (but prior to the reset).
if the prior Owner was not eligible for the ROPP, the ROPP value is reset
on the Valuation Date We receive Your Written Request for the "covered life
change" as the Contract Value on that date, after any rider charges have
been deducted.
ADJUSTMENTS FOR PARTIAL SURRENDERS DEFINITION:
"Adjustments for partial surrenders" are calculated for each partial surrender
using the following formula:
A X B where:
-------
C
A = the amount Your Contract Value is reduced by the partial surrender
B = the ROPP value on the date of (but prior to) the partial surrender
C = the Contract Value on the date of (but prior to) the partial
surrender.
DEATH BENEFIT AFTER THE ANNUITIZATION START DATE
The Owner's death produces a death benefit after the Annuitization Start Date.
The amount payable, if any, will depend on the annuity payment plan then in
effect.
DEATH OF THE OWNER: If the Owner is the Annuitant and dies after the
Annuitization Start Date, payments cease for lifetime only payment plans.
Payments continue to the Owner's beneficiaries for the remainder of any
guarantee period or for the lifetime of a surviving joint Annuitant, if any.
If the Owner is not the Annuitant and dies after the Annuitization Start Date,
payments continue to the beneficiaries according to the payment plan in effect.
DEATH OF THE ANNUITANT OR OF A BENEFICIARY RECEIVING PAYMENTS UNDER AN ANNUITY
PAYMENT PLAN: If the Owner is not the Annuitant and the Annuitant dies after the
Annuitization Start Date, payments cease for lifetime payment plans. Payments
continue to the Owner for the remainder of any guarantee period or for the
lifetime of a surviving joint Annuitant, if any.
If a beneficiary elects an annuity payment plan as provided under the Payment
Options provision above and dies after payments begin, payments continue to
beneficiaries named by the deceased beneficiary as provided under the Change of
Beneficiary provision for the remainder of any guarantee period.
In any event, amounts remaining payable must be paid at least as rapidly as
payments were being made at the time of such death.
ICC12 411382 Page 9 (04/2013)
PURCHASE PAYMENTS
PURCHASE PAYMENTS
Purchase payments are the payments You make for this contract and the benefits
it provides. Purchase payments must be paid or mailed to Us at Our corporate
office or to an authorized agent. If requested, We'll give You a receipt for
Your purchase payments.
ADDITIONAL PURCHASE PAYMENTS
Subject to the Payment Limits provision below, additional purchase payments may
be made until the earlier of:
1. the date this contract terminates by surrender or otherwise; or
2. the Annuitization Start Date.
Subject to the Payment Limits Provision You may:
1. stop and/or restart purchase payments; or
2. increase or decrease the amount of Your purchase payments; or
3. change the interval of Your purchase payments.
PAYMENT LIMITS
Maximum Purchase Payments - The maximum purchase payments in the first or later
years may not exceed the amounts shown under Contract Data, based on the
contract year and Your Attained Age at the time of payment unless We allow
otherwise on a non-discriminatory basis.
The Maximum Purchase Payments Permitted includes payments to all deferred
annuity contracts We have issued where You are an Owner. We reserve the right to
increase the maximums.
Additional Purchase Payments - Additional purchase payments You make must be at
least the minimum amount shown under Contract Data.
You cannot allocate purchase payments to the Fixed Account for six months
following: (1) a partial surrender from the Fixed Account; (2) a lump sum
transfer from the Regular Fixed Account to another account; or (3) termination
of automated transfers from the Special DCA Fixed Account prior to the end of
the elected Special DCA time period.
We reserve the right to cancel this contract if both of the following conditions
exist at the same time: (1) no purchase payments have been paid for a continuous
period of 24 months; and (2) less than $500 in purchase payments have been paid
under this contract. In this event, We will give You notice of Our intent to
cancel this contract. Upon such cancellation We will pay You the Contract Value,
after any rider charges have been deducted, in one sum. This contract will then
terminate.
ALLOCATION OF PURCHASE PAYMENTS
You instruct Us on how You want Your purchase payments allocated among the
available accounts.
The percentage of any payment which may be allocated to the Regular Fixed
Account is shown under Contract Data. We reserve the right to change this
percentage at any time on a non-discriminatory basis with notification.
We reserve the right to limit the accounts and/or variable subaccounts to which
You can allocate purchase payments or Contract Value at any time. In addition,
allocations to certain accounts or variable subaccounts may be limited or
required under the terms of certain optional benefit riders, if any, attached to
this contract.
Your allocation instructions as of the Contract Date are shown under Contract
Data. Unless any restrictions apply, You may, by Written Request or other method
agreed to by Us, change Your choice of accounts or percentages. If Your current
allocation instructions include a fund to which allocations are restricted and
You do not provide new instructions, We will apply payments pro rata according
to the valid portion of Your allocation instructions. The first purchase payment
will be allocated as of the end of the Valuation Period during which We make an
affirmative decision to issue this contract. Purchase payments after the first
will be allocated as of the end of the Valuation Period during which We receive
the payment at Our corporate office.
ICC12 411382 Page 10 (04/2013)
ACCOUNTS: FIXED AND VARIABLE
THE FIXED ACCOUNT
The Fixed Account is part of Our general account. It is made up of all Our
assets other than those in:
1. The Variable Account; and
2. Any other segregated asset accounts.
The Fixed Account consists of the Regular Fixed Account and the Special DCA
Fixed Account.
We back the principal and interest guarantees relating to the Fixed Account.
Purchase payments, interest credited and transfers allocated to the Fixed
Account become part of Our general account.
INTEREST TO BE CREDITED
We will credit interest to the Fixed Account daily. We may credit interest to
each Special DCA Fixed Account at promotional rates that are higher than those
We credit to the Regular Fixed Account. All interest rates We quote are
effective annual interest rates - this refers to the rate that results after
interest has been credited and compounded daily for a full year. Interest will
begin to accrue at Our current crediting rate on the date each purchase payment,
which is received in Our corporate office, becomes available to Us for use and
on the date of any transfers to the Fixed Account. Amounts transferred from the
Special DCA Fixed Account to the Regular Fixed Account, through transfers to an
asset allocation model, will begin earning interest at the current crediting
rate for the Regular Fixed Account on the transfer date. The current crediting
rate is determined by Us and at Our discretion but will never be less than the
Fixed Account Minimum Interest Rate shown under Contract Data.
One year after receipt of each purchase payment or transfer, the rate for the
payment or transfer amount, and its accumulated interest, may change. Interest
will accrue at revised rates determined by Us and at Our discretion. These rates
may be based on various factors including, but not limited to, the interest rate
environment, returns earned on investments backing these annuities, the rates
currently in effect for new and existing company annuities, product design,
competition, and the company's revenues and expenses. However, the rate will
never be less than the Fixed Account Minimum Interest Rate shown under Contract
Data. Your interest rate for each purchase payment or transfer will never change
more frequently than annually.
THE VARIABLE ACCOUNT
The Variable Account is a separate investment account of Ours. It consists of
variable subaccounts which are named under Contract Data. We have allocated a
part of Our assets for this and other contracts to the Variable Account. Such
assets remain Our property. However, the portion of the assets which equals the
reserves and other liabilities of the account(s) shall not be charged with
liabilities arising out of any other business in which We may take part. Income,
gains, and losses, whether or not realized from assets allocated to the Variable
Account, are credited or charged to such account without regard to other income,
gains or losses of the company.
INVESTMENTS OF THE VARIABLE ACCOUNT
Purchase payments and transfer amounts applied to the variable subaccounts will
be allocated as specified by You. Each variable subaccount will buy, at net
asset value, shares of the fund for that variable subaccount shown under
Contract Data or as later added or changed as described below.
We may change the funds from which the variable subaccounts buy shares if laws
or regulations change, the existing funds become unavailable or, in Our
judgment, the funds are no longer suitable for the variable subaccounts. We have
the right to substitute any funds for those shown under Contract Data.
We may also:
add additional variable subaccounts investing in other funds,
combine any two or more variable subaccounts,
transfer assets to and from the variable subaccounts or the Variable
Account, and
eliminate or close any variable subaccounts.
When required, We would first seek approval of the Securities and Exchange
Commission and the insurance regulator of the state where this contract is
delivered.
VALUATION OF ASSETS
Fund shares in the variable subaccounts will be valued at their net asset value.
VARIABLE ACCOUNT ACCUMULATION UNITS
The number of Accumulation Units for variable subaccounts chosen by You is found
by:
1. adding the number of accumulation units resulting from:
a. purchase payments allocated to the variable subaccount; and
b. transfers to the variable subaccount;
ICC12 411382 Page 11 (04/2013)
2. and subtracting the number of Accumulation Units resulting from:
a. transfers from the variable subaccount; and
b. surrenders from the variable subaccount; and
c. contract administrative charge or any rider charge deductions from the
variable subaccount.
The number of Your Accumulation Units added or subtracted for each of the above
transactions is found by dividing (1) by (2) where:
1. is the amount allocated to or deducted from the variable subaccount; and
2. is the Accumulation Unit value for the variable subaccount for the
respective Valuation Period during which We received the purchase payment
or transfer value, or during which We deducted transfers, surrenders, rider
charges or contract administrative charges.
VARIABLE ACCOUNT ACCUMULATION UNIT VALUE
The value of an Accumulation Unit for each of the variable subaccounts was
arbitrarily set at $1 when the first fund shares were bought. The value for any
later Valuation Period is found as follows:
The Accumulation Unit value for each variable subaccount for the last prior
Valuation Period is multiplied by the net investment factor for the same
variable subaccount for the next following Valuation Period for which the
Accumulation Unit value is being calculated. The result is the Accumulation
Unit value.
NET INVESTMENT FACTOR
The net investment factor is an index applied to measure the investment
performance of a variable subaccount from one Valuation Period to the next. The
net investment factor may be greater or less than one; therefore, the value of
an accumulation or Annuity Unit may increase or decrease.
The net investment factor for any such variable subaccount for any Valuation
Period is determined by: dividing (1) by (2) and subtracting (3) and (4) from
the result. This is done where:
1. is the sum of:
a. the net asset value per share of the fund held in the variable
subaccount determined at the end of the current Valuation Period; plus
b. the per share amount of any dividend or capital gain distribution made
by the fund held in the variable subaccount, if the "ex-dividend" date
occurs during the current Valuation Period; and
2. is the net asset value per share of the fund held in the variable
subaccount, determined at the end of the last prior Valuation Period; and
3. is a factor representing the mortality and expense risk charge; and
4. is a factor representing the variable account administrative charge
described below.
MORTALITY AND EXPENSE RISK CHARGE
In calculating unit values We will deduct a mortality and expense risk charge
from the variable subaccounts which is equal, on an annual basis, to a
percentage of the daily net asset value. This percentage is the Annual Mortality
and Expense Risk Fee shown under Contract Data. The deduction is made to
compensate Us for assuming the mortality and expense risks under contracts of
this type. The deduction will be:
1. made from each variable subaccount; and
2. computed on a daily basis.
Fees for certain optional riders and features, if elected, will be added to the
Annual Mortality and Expense Risk Fee.
VARIABLE ACCOUNT ADMINISTRATIVE CHARGE
In calculating unit values, We will deduct a variable account administrative
charge, as shown under Contract Data, from the variable subaccounts. This
deduction is made to compensate Us for certain administrative and operating
expenses for contracts of this type. The deduction will be:
1. made from each of Your variable subaccounts; and
2. computed on a daily basis.
ANNUITY UNIT VALUE
The value of an Annuity Unit for each variable subaccount was arbitrarily set at
$1 when the first fund shares were bought. The value for any later Valuation
Period is found as follows:
1. the Annuity Unit value for each variable subaccount for the last prior
Valuation Period is multiplied by the net investment factor for the same
variable subaccount for the next following Valuation Period for which the
Annuity Unit value is being calculated.
2. the result is multiplied by an interest factor, which on an annualized basis
is equal to .952381. This is done to offset the assumed 5% investment return
which is built into Table A under the Tables of Annuity Payout Rates
section.
ICC12 411382 Page 12 (04/2013)
CONTRACT VALUE
CONTRACT VALUE
The Contract Value at any time is the sum of:
1. Contract Value in the Variable Account; and
2. Contract Value in the Regular Fixed Account; and
3. Contract Value in the Special DCA Fixed Account.
For surrenders and charges, a number of Accumulation Units and dollar amounts
will be deducted from the above accounts to equal any amounts surrendered or
charges made against the Contract Value.
For surrenders, You may specify from which of the above accounts that the
deduction will be taken. Otherwise, the deduction will be taken from the above
accounts in the same proportion that Your interest in each bears to the total
Contract Value.
CONTRACT VALUE IN THE VARIABLE ACCOUNT
Your Contract Value in the Variable Account at any time will be the total of the
value of the units in any variable subaccount resulting from:
1. purchase payments allocated to a variable subaccount; plus
2. any amounts transferred to a variable subaccount; less
3. any amounts transferred from a variable subaccount; less
4. any amounts deducted from a variable subaccount for surrenders, contract
administrative charges or any rider charges.
CONTRACT VALUE IN THE REGULAR FIXED ACCOUNT
The Contract Value in the Regular Fixed Account at any time will be the total
of:
1. purchase payments allocated to the Regular Fixed Account, plus interest
credited; plus
2. any amounts transferred to the Regular Fixed Account, plus interest
credited; less
3. any amounts transferred from the Regular Fixed Account; less
4. any amounts deducted from the Regular Fixed Account for surrenders,
contract administrative charges or any rider charges.
CONTRACT VALUE IN THE SPECIAL DCA FIXED ACCOUNT
The Contract Value in the Special DCA Fixed Account at any time will be the
total of:
1. purchase payments allocated to the Special DCA Fixed Account, plus interest
credited; less
2. any amounts transferred from the Special DCA Fixed Account; less
3. any amounts deducted from the Special DCA Fixed Account for surrenders,
contract administrative charges or any rider charges.
CONTRACT ADMINISTRATIVE CHARGE
We charge a fee for establishing and maintaining Our records for this contract.
The charge per year is shown under Contract Data and is deducted from the
Contract Value at the end of each contract year or, if earlier, when the
contract is fully surrendered. The charge deducted will be prorated among all
accounts in the same proportion Your interest in each bears to the total
Contract Value.
We reserve the right to adjust this charge after the first Contract Anniversary
but the charge will never exceed the amount shown under Contract Data. We waive
or reduce the annual contract administrative charge for any contract year where
the Contract Value immediately prior to the deduction of the charge equals or
exceeds the amount shown under Contract Data.
If You make a full surrender of this contract, We deduct the full contract
administrative charge at the time of full surrender regardless of Contract
Value.
The charge does not apply to the amount applied to an annuity payment plan or to
the death benefit.
PREMIUM TAX CHARGES
We reserve the right to assess a charge against the Contract Value of this
contract for any premium tax assessed to Us by a federal, state or local
government. This charge could be deducted when You make purchase payments, or
make a full surrender of the Contract Value or on the Annuitization Start Date.
ICC12 411382 Page 13 (04/2013)
TRANSFERS OF CONTRACT VALUES
While this contract is in force prior to the Annuitization Start Date, transfers
of Contract Values may be made as outlined below unless Contract Values are
required to be allocated to certain accounts or variable subaccounts under the
terms of certain optional benefit riders, if any, attached to this contract.
1. You may transfer all or a part of the values held in one or more of the
variable subaccounts to another one or more of the variable subaccounts.
You may also transfer values held in one or more of the variable
subaccounts to the Regular Fixed Account, subject to items 2 and 4 below.
2. On or within the 30 Days before or after a Contract Anniversary You may
transfer values from the Regular Fixed Account to one or more of the
variable subaccounts. This amount shall not exceed the Regular Fixed
Account transfer limit shown under Contract Data. We reserve the right to
change this percentage at any time on a non-discriminatory basis with
notification. If such a transfer is made, You may not transfer amounts from
any variable subaccount to the Regular Fixed Account for six months after
such a transfer.
3. You may transfer from the Special DCA Fixed Account to the other accounts
as explained in the Special DCA Fixed Account provision, shown below. If
You terminate automated transfers from the Special DCA Fixed Account, You
may not transfer amounts from any variable subaccount to the Regular Fixed
Account for six months after such a transfer. You may not transfer values
from any account into the Special DCA Fixed Account.
4. Amounts transferred to the Regular Fixed account shall not exceed the limit
shown under Contract Data. We reserve the right to change this percentage
at any time on a non-discriminatory basis with notification.
You may make a transfer by Written Request. Telephone transfers may also be made
according to telephone procedures or automated transfer procedures that are then
currently in effect, if any. There is no fee or charge for these transfers.
However, the minimum transfer amount is $250, or if less, the entire value in
the account from which the transfer is being made. Smaller minimums may apply to
automated transfer procedures.
We may suspend or modify Your transfer privileges at any time. The right to
transfer Contract Values among the variable subaccounts and between the variable
subaccounts and other accounts is also subject to modification or restriction if
We determine, at Our sole discretion, that the exercise of that right by You is,
or would be, to the disadvantage of other contract owners. Additionally, We
reserve the right to modify or restrict transfer privileges if required to
comply with the written instructions of a fund. Any modification or restriction
could be applied to transfers to or from some or all of the variable subaccounts
and other accounts.
These modifications could include, but are not limited to:
1. the requirements of a minimum time period between each transfer,
2. not accepting transfer requests of an agent acting under a power of
attorney on behalf of more than one contract owner,
3. suspending or terminating automatic transfer programs, or
4. limiting the dollar amount that You may transfer between the variable
subaccounts and other accounts at any one time.
We may apply these modifications or restrictions in any manner reasonably
designed to prevent any use of the transfer right We consider to be to the
disadvantage of other contract owners.
DOLLAR COST AVERAGING (DCA)
You may authorize the automated transfer of specified amounts, according to the
rules then currently in effect, at the interval You select, from the Regular
Fixed Account (subject to transfer limits shown under Contract Data) or any
variable subaccount, to any other variable subaccount other than the source
account. You may terminate automated transfers at any time.
SPECIAL DCA FIXED ACCOUNT
You may also allocate new purchase payments to the Special DCA Fixed Account.
You may authorize the automatic transfer of amounts on a monthly basis from the
Special DCA Fixed Account to any of the variable subaccount(s) or any asset
allocation model. (Transfers from the Special DCA Fixed account to the Regular
Fixed Account are not allowed.) All amounts allocated to the Special DCA Fixed
Account will be transferred out within the specified Special DCA Fixed Account
time period You elect from the time periods We make available.
If You terminate automated transfers from the Special DCA Fixed Account, the
entire Special DCA Fixed Account balance will immediately be transferred
according to Your Special DCA Fixed Account allocation instructions that are
then in effect. If Your current Special DCA allocation instructions include a
fund to which allocations are restricted and You do not provide new
instructions, We will transfer amounts pro rata according to the valid portion
of Your allocation instructions.
ICC12 411382 Page 14 (04/2013)
SURRENDER PROVISIONS
SURRENDER
By Written Request or other method agreed to by Us and subject to the rules
below You may:
1. surrender this contract for the full surrender value; or
2. surrender part of this contract for a partial surrender.
RULES FOR SURRENDER
All surrenders will have the following conditions.
1. You must send Us Your Written Request (or other method agreed to by Us):
a. while this contract is in force; and
b. while all Owners are living; and
c. prior to the Annuitization Start Date.
2. Unless We agree otherwise, You must surrender an amount equal to at least
$250. The Contract Value after a partial surrender must be at least $500.
3. For surrenders from the variable subaccounts, the amount surrendered, less
any charges, will be paid to You within seven Days of the receipt of Your
Written Request, unless subject to the Suspension or Delay in Payment of
Surrender provision.
For surrenders from the Fixed Account, the amount surrendered, less any
charges, will normally be paid to You within seven Days of the receipt of
Your Written Request and the return of this contract, if required.
Following any required regulatory approval, We have the right to defer
payment for up to six months from the date We receive Your request. In such
circumstance, We will notify You of the reason for the delay, the effective
date of the surrender, and the surrender value as of the date of Your
request.
4. For partial surrenders, if You do not specify from which account the
surrender is to be made, the surrender will be made from all accounts in
the same proportion as Your interest in each bears to the Contract Value.
5. If You die following a surrender request, payment will be made to Your
estate.
6. Any amounts surrendered, including any related charges, cannot be repaid.
Upon surrender for the full surrender value this contract will terminate. We may
require that You return the contract to Us before We pay the full surrender
value.
SURRENDER VALUE
The full surrender value at any time will be:
1. the Contract Value immediately prior to the surrender;
2. minus the full contract administrative charge and any rider charges that
are deducted for a full surrender.
SUSPENSION OR DELAY IN PAYMENT OF SURRENDER AMOUNT
We have the right to suspend or delay the date of any surrender payment from the
variable subaccounts for any period:
1. when the New York Stock Exchange is closed; or
2. when trading on the New York Stock Exchange is restricted; or
3. when an emergency exists as a result of which:
a. disposal of securities held in the variable subaccounts is not
reasonably practical; or
b. it is not reasonably practical to fairly determine the value of the
net assets of the variable subaccounts; or
4. during any other period when the Securities and Exchange Commission, by
order, so permits for the protection of security holders.
Rules and regulations of the Securities and Exchange Commission will govern as
to whether the conditions set forth in 2 and 3 exist.
ICC12 411382 Page 15 (04/2013)
ANNUITY PROVISIONS
ANNUITY PAYMENT
The Annuitization Start Date is the date shown under Contract Data. It can be
changed by You as provided below. On the Annuitization Start Date, the amount
applied to an annuity payment plan will be the Contract Value after any rider
charges are deducted.
The first payment will be made as provided by the selected plan. Before the
first payment is sent, We will require satisfactory proof of the Annuitant's age
and that the Annuitant is alive. We may also require that You exchange this
contract for a supplemental contract which provides the annuity payments.
CHANGE OF ANNUITIZATION START DATE
You may change the Annuitization Start Date shown under Contract Data by Written
Request or other method agreed to by Us. If You select a new date, it must be at
least 30 Days after We receive Your request.
The Annuitization Start Date must be on or before the latest of:
1. Your 95th birthday, or
2. the 10th Contract Anniversary, or
3. such other date as agreed upon by Us.
ANNUITY PAYMENT PLANS
Annuity payments may be made on a fixed dollar basis, a variable basis or a
combination of both. You can schedule receipt of annuity payments according to
one of the Plans A through D below or another plan agreed to by Us.
PLAN A -- LIFE INCOME NON-REFUND. This provides monthly annuity payments during
the lifetime of the Annuitant. No payments will be made after the Annuitant
dies.
PLAN B -- LIFE INCOME WITH GUARANTEED PERIOD. This provides monthly annuity
payments during the lifetime of the Annuitant with a guarantee by Us that
payments will be made for at least five, 10 or 15 years whether or not the
Annuitant is living. You must select a guaranteed period, and the minimum number
of years payable is five years.
PLAN C -- LIFE INCOME WITH INSTALLMENT REFUND. This provides monthly annuity
payments during the lifetime of the Annuitant with a guarantee by Us that
payments will be made at least for a certain number of months whether or not the
Annuitant is living. We determine the number of months by dividing the amount
applied under this plan by the amount of the first monthly annuity payment.
PLAN D -- JOINT AND SURVIVOR LIFE INCOME NON-REFUND. This provides monthly
annuity payments during the lifetime of the Annuitant and joint Annuitant. When
either the Annuitant or the joint Annuitant dies We will continue to make
monthly payments during the lifetime of the survivor. No payments will be made
after the death of both the Annuitant and joint Annuitant.
PLAN SELECTION
You may select the plan by Written Request, or other method agreed to by Us, at
least 30 Days before the Annuitization Start Date. If We have not received Your
Written Request to select a plan, the first annuity payment will be made 30 Days
after the Annuitization Start Date according to Plan B with monthly payments
guaranteed for ten years.
After the Annuitization Start Date, You cannot change to a different plan.
If the amount to be applied to a plan is less than $2,000 or would not provide
an initial monthly payment of at least $20, We have the right to change the
frequency of the payment or to make a lump sum payment of the amount that would
have been applied to a plan.
ALLOCATION OF CONTRACT VALUES TO PROVIDE FIXED AND VARIABLE PAYMENTS
On the Annuitization Start Date, You use the value described under the Annuity
Payment provision above, to provide Fixed Annuity and/or Variable Annuity
payments.
Unless We agree otherwise, You may use a maximum of ten variable subaccounts at
any one time. The Special DCA Fixed Account is not available on and after the
Annuitization Start Date. In addition, certain variable subaccounts may not be
available on and after the Annuitization Start date.
FIXED ANNUITY PAYMENTS
A Fixed Annuity is an annuity with payments which:
1. are guaranteed as to dollar amount; and
2. do not vary in amount based on the investment performance of the variable
subaccounts.
When annuity payments begin, amounts You allocate to provide fixed dollar
payments under Plans A, B, C and D will be applied to the applicable Annuity
Payout Rates Table. This will be done in accordance with the payment plan
chosen. The minimum amount payable for each $1,000 so applied is shown in Table
B under the Tables of Annuity Payout Rates provision.
ICC12 411382 Page 16 (04/2013)
VARIABLE ANNUITY PAYMENTS
A Variable Annuity is an annuity with payments which:
1. are not predetermined or guaranteed as to dollar amount; and
2. vary in amount based on the investment performance of the variable
subaccounts.
DETERMINATION OF THE FIRST VARIABLE ANNUITY PAYMENT
When annuity payments begin, the amounts You allocate to provide Variable
Annuity payments will be applied to the applicable Annuity Payout Rates Table.
This will be done:
1. on the Annuitization Start Date; and
2. in accordance with the payment plan chosen. The amount payable for the
first payment for each $1,000 so applied under Plans A, B, C and D is shown
in Table A under the Tables of Annuity Payout Rates provision.
VARIABLE ANNUITY PAYMENTS AFTER THE FIRST PAYMENT
Variable annuity payments after the first payment vary in amount. The amount
changes with the investment performance of the variable subaccounts. The dollar
amount of Variable Annuity payments after the first is not fixed. It may change
from month to month. The dollar amount of such payments is determined as
follows.
1. The dollar amount of the first annuity payment is divided by the value of
an Annuity Unit as of the Valuation Date on or next preceding the seventh
Day before the Annuitization Start Date. This result establishes the fixed
number of Annuity Units for each monthly annuity payment after the first
payment. This number of Annuity Units remains fixed during the annuity
payment period unless exchanged for units of any of the other variable
subaccounts as provided below.
2. The fixed number of Annuity Units is multiplied by the Annuity Unit value
as of the Valuation Date on or next preceding the seventh Day before the
date the payment is due. The result establishes the dollar amount of the
payment.
In order for the dollar amount of variable annuity payments not to decrease, the
assets of the variable account must have a 5% annualized investment return.
We guarantee that the dollar amount of each payment after the first will not be
affected by variations in expenses or mortality experience.
EXCHANGE OF ANNUITY UNITS
After the Annuitization Start Date, Annuity Units of any variable subaccount may
be exchanged for units of any of the other variable subaccounts. This may be
done no more than once in any contract year. Unless We agree otherwise You may
use a maximum of ten variable subaccounts at any one time. No exchanges may be
made to or from any Fixed Annuity after the Annuitization Start Date.
ICC12 411382 Page 17 (04/2013)
DEFERRED ANNUITY CONTRACT
RIVERSOURCE LIFE INSURANCE COMPANY [RIVERSOURCE LOGO]
Offices:
829 Ameriprise Financial Center
Minneapolis, MN 55474
Flexible Purchase Payments -- Subject to Limitations
Optional Fixed Dollar or Variable Accumulation Values and Annuity Payments
Annuity Payments Begin on the Annuitization Start Date
This Contract is Nonparticipating - Dividends Are Not Payable
CONTRACT DATA
Deferred Annuity Contract: RIVERSOURCE(R) RAVA 5 ACCESS(R) VARIABLE ANNUITY
Contract Number: 9920-SAMPLE Contract Date: May 1, 2013
Annuitant: John Doe Annuitization Start Date: May 1, 2073
Contract Owner: John Doe Age at Issue: 35
Application Signed State/Contract Delivery State: state
State Insurance Department: 800-ZZZ-ZZZZ
Initial Purchase Payment: $25,000 Contract Type: Non-Qualified
Scheduled Purchase Payment:
Annual Amount: NA
Maximum Purchase Payments Permitted:
1st Contract Year and Total:
- Under age 86: $1,000,000
- Age 86 or older and under age 91: $ 100,000
- Age 91 or older: $ 0
2nd Contract Year through 5th Contract Year:
- Under age 86: $ 100,000
- Age 86 or older and under age 91: $ 50,000
- Age 91 or older: $ 0
Each Contract Year thereafter:
- Under age 86: $ 0*
- Age 86 or older and under age 91: $ 0*
- Age 91 or older: $ 0
*In addition, if this is a tax qualified contract, We allow additional purchase
payments in any contract year up to the maximum permissible annual contribution
described by the Code that was in effect on the Contract Date.
Minimum Additional Purchase Payment: $50
Minimum Purchase Payment or Transfer Amount
to any Guarantee Period Account: $1,000
Purchase Payment Credits: Not available with this contract
Upon issuance of this contract your purchase payments have been scheduled to be
paid and applied to the Fixed Account, Guarantee Period Accounts and variable
subaccounts investing in funds as shown below. You may change the amount,
frequency and allocations as provided in this contract. Refer to the Purchase
Payments provision.
Payment
Allocation
Allocation Percentage
---------- ----------
FIXED ACCOUNT
Regular Fixed Account ___%
6-month Special DCA Fixed Account ___%
12-month Special DCA Fixed Account ___%
GUARANTEE PERIOD ACCOUNTS (GPA)
1 Year Guarantee Period Account ___%
2 Year Guarantee Period Account ___%
3 Year Guarantee Period Account ___%
4 Year Guarantee Period Account ___%
5 Year Guarantee Period Account ___%
6 Year Guarantee Period Account ___%
7 Year Guarantee Period Account ___%
8 Year Guarantee Period Account ___%
9 Year Guarantee Period Account ___%
10 Year Guarantee Period Account ___%
AIM V.I.
Capital Appreciation Fund, Series II Shares ___%
Capital Development Fund, Series II Shares ___%
Global Health Care Fund, Series II Shares ___%
International Growth Fund, Series II Shares ___%
ALLIANCEBERNSTEIN VPS
Global Technology Portfolio (Class B) ___%
Growth and Income Portfolio (Class B) ___%
International Value Portfolio (Class B) ___%
AMERICAN CENTURY VP
Mid Cap Value, Class II ___%
Ultra(R), Class II ___%
Value, Class II ___%
ICC12 411382-DPRC5 Page 3.0 A(04/2013)
CONTRACT DATA - Continued
Contract Number: 9920-SAMPLE Contract Date: May 1, 2013
Payment
Allocation
Allocation Percentage
-------------------------------------------------- ----------
CAMBRIDGE FUNDS
Cambridge Conservative Fund ___%
Cambridge Moderate Fund ___%
Cambridge Aggressive Fund ___%
COLUMBIA
High Yield Fund, Variable Series, Class B ___%
Marsico Growth Fund, Variable Series, Class A ___%
Marsico International Opportunities Fund, Variable
Series, Class B ___%
Small Cap Value Fund, Variable Series, Class B ___%
CREDIT SUISSE TRUST -
Commodity Return Strategy Portfolio ___%
DREYFUS
VIF International Equity Portfolio, Service Shares ___%
VIF International Value Portfolio, Service Shares ___%
EATON VANCE VT
Floating-Rate Income Fund ___%
FIDELITY(R) VIP
Contrafund(R) Portfolio Service Class 2 ___%
Investment Grade Bond Portfolio Service Class 2 ___%
Mid Cap Portfolio Service Class 2 ___%
Overseas Portfolio Service Class 2 ___%
FRANKLIN TEMPLETON VIP TRUST
Franklin Income Securities Fund - Class 2 ___%
Templeton Global Income Securities Fund - Class 2 ___%
Templeton Growth Securities Fund - Class 2 ___%
GOLDMAN SACHS VIT
Mid Cap Value Fund - Institutional Shares ___%
Structured U.S. Equity Fund - Institutional Shares ___%
JANUS ASPEN SERIES
Large Cap Growth Portfolio: Service Shares ___%
LEGG MASON PARTNERS VARIABLE
Small Cap Growth Portfolio, Class I ___%
MFS(R)
Total Return Series - Service Class ___%
Utilities Series - Service Class ___%
OPPENHEIMER
Capital Appreciation Fund/VA, Service Shares ___%
Global Securities Fund/VA, Service Shares ___%
Main Street Small Cap Fund/VA, Service Shares ___%
Strategic Bond Fund/VA, Service Shares ___%
PIMCO VIT
All Asset Portfolio, Advisor Share Class ___%
RIVERSOURCE VARIABLE SERIES TRUST
DISCIPLINED ASSET ALLOCATION(SM) PORTFOLIOS
Conservative ___%
Moderately Conservative ___%
Moderate ___%
Moderately Aggressive ___%
Aggressive ___%
RIVERSOURCE(R) PARTNERS VP
Fundamental Value Fund ___%
Select Value Fund ___%
Small Cap Value Fund ___%
RIVERSOURCE(R) VP
Cash Management Fund ___%
Diversified Bond Fund ___%
Diversified Equity Income Fund ___%
Global Inflation Protected Securities Fund ___%
Growth Fund ___%
High Yield Bond Fund ___%
Income Opportunities Fund ___%
Large Cap Equity Fund ___%
Mid Cap Value Fund ___%
S&P 500 Index Fund ___%
Short Duration U.S. Government Fund ___%
THREADNEEDLE(R) VP
Emerging Markets Fund ___%
International Opportunity Fund ___%
VAN KAMPEN LIT
Comstock Portfolio Class II Shares ___%
VAN KAMPEN UIF
Global Real Estate Portfolio, Class II Shares ___%
Mid Cap Growth Portfolio, Class II Shares ___%
WANGER
International ___%
USA ___%
ICC12 411382-DPRC5 Page 3.1 A(04/2013)
CONTRACT DATA - Continued
Contract Number: 9920-SAMPLE Contract Date: May 1, 2013
Fixed Account Minimum Interest Rate: 1.00%
Any purchase payments allocated to the Regular Fixed Account on the
Contract Date will earn interest, for the first year, at the annual
effective rate of 1.00%. New rates may be declared from time to time.
Any purchase payments allocated to the 6-Month Special DCA fixed
account on the Contract Date will earn interest at the annual effective
rate of 1.00%. New rates may be declared from time to time.
Any purchase payments allocated to the 12-Month Special DCA fixed
account on the Contract Date will earn interest at the annual effective
rate of 1.00%. New rates may be declared from time to time.
MVA Risk Factor: 0.001
See Guarantee Period Accounts endorsement, MVA formula.
ROPP Benefit Age: 79
See Payments to Beneficiaries provision.
Annual Mortality and Expense Risk Fee:
Through the 10th Contract Anniversary(1)(2)
Base Fee + Optional Death Benefit Rider Fee = Total M&E Fee
1.50% + 0% = 1.50% of the daily net asset value
After the 10th Contract Anniversary(1)(2)
Base Fee + Optional Death Benefit Rider Fee = Total M&E Fee
0.95% + 0% = 0.95% of the daily net asset value
(1) If the Annuitization Start Date is prior to or on the 10th Contract
Anniversary, the Base Fee will not decrease after the 10th Contract
Anniversary.
(2) To determine which Base Fee applies, use the Contract Anniversary on the
original Contract Date: XX/XX/XXXX.
Annual Variable Account Administrative Charge: 0% of the daily net asset value
Contract Administrative Charge:
Initial Annual Charge $30
We reserve the right to adjust this charge after the first contract
anniversary, but the charge will never exceed $50.
Initial Annual Charge if contract value equals or exceeds $50,000 $0
We reserve the right to charge up to $20 after the first contract
anniversary. See Contract Administrative Charge provision.
Regular Fixed Account Purchase Payment and Transfer Limits:
1. Payments to the Regular Fixed Account are limited to 0% of each
payment.
2. Transfers to the Regular Fixed Account are limited to transfer amounts
which result in the Regular Fixed Account Contract Value (after the
transfer) being no more than 0% of the total Contract Value.
3. Transfers from the Regular Fixed Account (including automated
transfers under a dollar cost averaging arrangement) are limited to
the greater of:
a. $0; or
b. 0% of the Regular Fixed Account Contract Value at the
beginning of the contract year. All purchase payments
received into the Regular Fixed Account prior to Your
transfer request are considered Your beginning of contract
year value during the first contract year.
ICC12 411382-DPRC5 Page 3.2 A(04/2013)
EX-99.4.21
5
c30010exv99w4w21.txt
EX-99.4.21
GUARANTEED MINIMUM ACCUMULATION BENEFIT RIDER
ACCUMULATION PROTECTOR BENEFIT(R)
This rider is made a part of the contract to which it is attached. Except where
this rider provides otherwise, it is subject to all of the conditions and
limitations of the contract.
If the Owner or any joint Owner is a non-natural person or a revocable trust,
the Annuitant will be deemed to be the Owner for the purpose of this rider.
This rider requires 100% allocation of purchase payments and Your Contract Value
to approved investment option(s) for this rider. The Annual Rider Fee will be
determined by the investment option(s) You select. Your initial investment
options and investment selection are shown under Contract Data. You will be
notified of any change to the investment options available.
THE PURPOSE OF THE GUARANTEED MINIMUM ACCUMULATION BENEFIT PROVIDED BY THIS
RIDER IS TO HELP PROTECT YOUR INVESTMENT. THIS BENEFIT WILL TERMINATE UPON
ASSIGNMENT OR A CHANGE IN OWNERSHIP OF THE CONTRACT UNLESS THE NEW ASSIGNEE OR
OWNER MEETS THE QUALIFICATIONS SPECIFIED IN THE ASSIGNMENT AND CHANGE OF
OWNERSHIP PROVISION OF THIS RIDER.
The additional charge for this rider is described below.
DEFINITIONS
BENEFIT DATE
This is the Contract Anniversary immediately following the expiration of the
Waiting Period.
MINIMUM CONTRACT ACCUMULATION VALUE
If this rider is effective on the Contract Date, the initial Minimum Contract
Accumulation Value is the amount equal to Your initial purchase payment.
If this rider is effective on a Contract Anniversary, the initial Minimum
Contract Accumulation Value will be the Contract Value on the later of the
Contract Anniversary or the Valuation Date We receive Your Written Request.
The Minimum Contract Accumulation Value also includes the amount of any purchase
payments received within the first 180 Days that the rider is effective, and is
reduced by any "adjustments for partial surrenders."
THE MINIMUM CONTRACT ACCUMULATION VALUE IS SEPARATE FROM YOUR CONTRACT VALUE AND
CANNOT BE WITHDRAWN IN A LUMP SUM OR ANNUITIZED AND IS NOT PAYABLE AS A DEATH
BENEFIT.
ADJUSTMENTS FOR PARTIAL SURRENDERS
"Adjustments for partial surrenders" are calculated for each partial surrender
using the following formula:
A X B where:
-------
C
A = the amount Your Contract Value is reduced by the partial surrender
B = the Minimum Contract Accumulation Value on the date of (but prior to) the
partial surrender
C = the Contract Value on the date of (but prior to) the partial surrender.
RIDER EFFECTIVE DATE
The effective date for this rider is shown under Contract Data. If selected at
time of application, this rider is effective as of the Contract Date of this
contract. If this rider is added to the contract after the Contract Date, it is
effective on the Contract Anniversary nearest the date We receive Your Written
Request to add this rider to Your contract.
WAITING PERIOD
The Waiting Period for the rider is shown under Contract Data. The Waiting
Period starts on the Rider Effective Date. The Day prior to the rider
anniversary, after the number of years shown, is the last Day of the Waiting
Period.
GUARANTEED MINIMUM ACCUMULATION BENEFIT
The rider provides a one-time adjustment to Your Contract Value on the Benefit
Date if Your Contract Value on that date is less than the Minimum Contract
Accumulation Value. In this situation, the Contract Value will be increased to
equal the Minimum Contract Accumulation Value. A lump sum payment of the
difference between the Contract Value and the Minimum Contract Accumulation
Value will be allocated among Your accounts and subaccounts in the same
proportion as Your interest in each account bears to Your total Contract Value,
and the rider will then terminate. Following termination of the rider, no
further rider benefits will be payable, and no further charges for the rider
will be deducted from Your Contract Value.
If the Contract Value on the Benefit Date is equal to or greater than the
Minimum Contract Accumulation Value, no rider benefit will be paid. After the
rider charge has been deducted, the rider will terminate. Following termination
of the rider, no further rider benefits will be payable, and no further charges
for the rider will be deducted from Your Contract Value.
If Your Contract Value falls to zero as the result of adverse market performance
or the deduction of charges at any time before the Benefit Date, the contract
and all its riders, including this rider, will terminate without value and no
ICC12 411385 Page 1 (04/2013)
rider benefits will be paid on account of such termination. Exception: On the
Benefit Date, if You are still living, an amount equal to the Minimum Contract
Accumulation Value on the Valuation Date that Your Contract Value reached zero,
will be paid to You. No further benefits will then be payable from this rider.
OPERATION OF THE WAITING PERIOD
The Waiting Period starts on the Rider Effective Date. If You choose an Elective
Step-Up, the Waiting Period will restart as of the latest Contract Anniversary.
The Elective Step-Up is described below. We also reserve the right to restart
the Waiting Period as of the latest Contract Anniversary whenever You change
Your investment selection and the rider fee is increased.
STEP-UP OF THE MINIMUM CONTRACT ACCUMULATION VALUE
AUTOMATIC STEP-UP
On each Contract Anniversary after the effective date of the rider, the Minimum
Contract Accumulation Value will be the greater of:
(a) the Contract Value on that anniversary times the Automatic Step-Up
Percentage shown under Contract Data; or
(b) the Minimum Contract Accumulation Value immediately prior to this Automatic
Step-Up.
This Automatic Step-Up of the Minimum Contract Accumulation Value will not
restart the Waiting Period and will not change the fee for the rider.
ELECTIVE STEP-UP
Once each contract year within the thirty Days following each Contract
Anniversary after the effective date of the rider but prior to the Benefit Date,
You may notify Us that You wish to exercise the Elective Step-Up option. When
You do so, if the Contract Value on the Valuation Date We receive Your Written
Request to exercise this option is greater than the Minimum Contract
Accumulation Value on that date, We will increase the Minimum Contract
Accumulation Value to that Contract Value.
If Your Minimum Contract Accumulation Value is increased as a result of this
Elective Step-Up, the Waiting Period will restart as of the latest Contract
Anniversary and We may increase the fee for the rider.
The Elective Step-Up option is not available for an Inherited IRA under the Code
or if the Benefit Date would be after the Annuitization Start Date.
ADDITIONAL PURCHASE PAYMENTS WITH ELECTIVE STEP-UPS
If Your Minimum Contract Accumulation Value is increased as a result of this
Elective Step-Up, You have 180 Days from the latest Contract Anniversary to make
additional purchase payments. The Minimum Contract Accumulation Value will be
increased by the amount of any additional purchase payments received during this
period.
INVESTMENT OPTIONS AND LIMITS
This rider requires 100% allocation of purchase payments and Your Contract Value
to approved investment option(s) for this rider. The investment options
available for asset allocation under the terms of this rider and Your initial
investment selection(s) are shown under Contract Data. We reserve the right to
add, remove or substitute approved investment options. If more than one
investment option is available, You may, by Written Request or other method
agreed to by Us, change Your choice of investment options or allocation
percentages among those approved for the rider. We reserve the right to limit
the number of transfers allowed each contract year. We also reserve the right to
close or restrict any approved investment option. Any change will apply to
current allocations and/or to future purchase payments or transfers. You will be
notified of any change to the investment options available.
ICC12 411385 Page 2 (04/2013)
CONTRACT PROVISION MODIFICATIONS
Because of the addition of this rider to Your contract, several contract
provisions are modified as described above and as further described below.
SPOUSE'S OPTION TO CONTINUE CONTRACT
If a spouse chooses to continue the contract during the Waiting Period under the
Spouse's Option to Continue Contract provision, the rider will continue as part
of the contract.
Once within the thirty Days following spousal continuation, the spouse may
choose to exercise an Elective Step-Up. If the Step-Up is elected, and if the
Contract Value on the Valuation Date We receive their Written Request is greater
than the Minimum Contract Accumulation Value on that date, We will increase the
Minimum Contract Accumulation Value to that Contract Value. Also, the Waiting
Period will restart on the latest Contract Anniversary, and We may increase the
fee for this rider. Additional purchase payments are not allowed following
Elective Step-Ups associated with spousal continuation.
REPORTS TO OWNER
This statement will also show the Minimum Contract Accumulation Value.
ADDITIONAL PURCHASE PAYMENTS
The rider prohibits additional purchase payments after the first 180 Days that
the rider is effective and before the expiration of the Waiting Period, except
as described in the Additional Purchase Payments with Elective Step-Ups
provision.
In addition, We reserve the right to change these purchase payment limitations,
including making further restrictions, upon written notice.
ALLOCATION OF PURCHASE PAYMENTS
Because this rider requires asset allocation to approved investment options,
allocation of purchase payments is limited to investment options available for
this rider.
TRANSFERS OF CONTRACT VALUES
Because this rider requires asset allocation to approved investment options,
transfer privileges granted under the contract are suspended other than: (1)
transfers among the available investment options as described in the Investment
Options and Limits provision, provided such transfers are not determined to
disadvantage other contract owners or (2) transfers as otherwise agreed to by
Us.
RULES FOR SURRENDER
Partial surrenders will be taken from Your accounts and subaccounts in the same
proportion as Your interest in each account bears to Your total Contract Value.
ASSIGNMENT AND CHANGE OF OWNERSHIP
The rider will terminate if there is an assignment or a change of ownership
unless the new owner or assignee assumes total ownership of the contract and was
an owner before the change, or is a non-natural owner holding for the sole
benefit of the prior owner (e.g., an individual ownership changed to a personal
revocable trust).
ICC12 411385 Page 3 (04/2013)
RIDER CHARGES
We deduct the charge for the rider once a year from Your Contract Value on Your
Contract Anniversary. We pro-rate this charge among Your accounts and
subaccounts in the same proportion as Your interest in each account bears to
Your total Contract Value.
The charge is calculated on Your Contract Anniversary by multiplying the average
Annual Rider Fee by the greater of the Contract Value or the Minimum Contract
Accumulation Value.
The Annual Rider Fee may vary by investment option. The Initial Annual Rider
Fee(s) and Maximum Annual Rider Fee(s) associated with the approved investment
option(s) are shown under Contract Data.
The average Annual Rider Fee will reflect the various different fees that were
in effect for each investment option that contract year, adjusted for the number
of Days each fee was in effect and the percentage of Contract Value allocated to
each investment option.
The following describes how We may change the Annual Rider Fee(s), subject to
the Maximum Annual Rider Fee(s):
1. We may change the Annual Rider Fee for any approved investment option(s) at
Our discretion and on a nondiscriminatory basis. We will declare any change
to the fee with written notice 30 Days in advance. The new fee will be in
effect on the date We specify in the notice.
You can terminate this rider if You are invested in any investment option
that has an increase and We receive Your Written Request to terminate the
rider prior to the date of the increase. However, in order to eligible for
termination You must be invested in that investment option on the
eligibility date We specify in the written notice.
2. We may also change the Annual Rider Fee(s) if You exercise the Elective
Step-Up option. You do not have the option to terminate the rider if the
fee increases due to an Elective Step-Up.
If Your contract or rider is terminated for any reason including payment of the
death benefit, the rider charge will be deducted, adjusted for the number of
Days coverage was in place during the contract year.
TERMINATION OF THE RIDER
This rider cannot be terminated either by You or Us except as follows:
1. The rider will terminate on the Benefit Date after the rider charge has
been deducted and after any adjustment to the Contract Value due to payment
of the rider benefit.
2. The rider will terminate for certain assignment and ownership changes as
described in the Assignment and Change of Ownership provision.
3. After the death benefit is payable the rider will terminate, unless the
spouse continues the contract as described in the Spouse's Option to
Continue Contract provision.
4. In relation to certain increases to the Annual Rider Fee as described in
the Rider Charges provision, Your Written Request will terminate the rider.
5. The rider will terminate on the Annuitization Start Date.
6. Termination of the contract for any reason will terminate the rider.
If this rider is terminated, further charges for the rider will terminate.
RIVERSOURCE LIFE INSURANCE COMPANY
-s- SIGNATURE
Secretary
ICC12 411385 Page 4 (04/2013)
Guaranteed Minimum Accumulation Benefit Rider Accumulation Protector Benefit(R)
Rider Effective Date: May 1, 2013
Duration of Waiting Period: 10 Years
Automatic Step-up Percentage: 90%
Initial Investment Selection(s) Payment Allocation Percentage
------------------------------- -----------------------------
Columbia VP - Managed Volatility Conservative Fund 50%
Columbia VP - Managed Volatility Growth Fund 50%
Approved Investment Options/Allocation Restrictions and Limitations: This
rider requires allocation of purchase payments and Contract Value to one or
more approved investment options for this rider.
Associated Initial Maximum Annual
Approved Investment Options Annual Rider Fee Rider Fee
--------------------------- ------------------ --------------
Columbia VP - Managed Volatility Conservative Fund 1.30% 2.00%
Columbia VP - Managed Volatility Conservative Growth Fund 1.30% 2.00%
Columbia VP - Managed Volatility Moderate Growth Fund 1.30% 2.00%
Columbia VP - Managed Volatility Growth Fund 1.30% 2.00%
Special DCA Fixed Account 1.30% 2.00%
We reserve the right to add, remove or substitute approved investment
options.
We reserve the right to limit the number of transfers allowed each contract
year.
Annual Rider Fees associated with Your choice of investment option(s) may
increase at our discretion, subject to the Maximum Annual Rider Fee shown
above.
ICC12 DP411385
EX-99.9
6
c30010exv99w9.txt
EX-99.9
Jan. 25, 2013
RiverSource Life Insurance Company
70100 Ameriprise Financial Center
Minneapolis, MN 55474
Re: RiverSource Variable Account 10
Initial Registration Statement on Form N-4
RAVA 5 Advantage Variable Annuity
RAVA 5 Select Variable Annuity
RAVA 5 Access Variable Annuity
(offered for contract applications signed on or after April 29, 2013)
Ladies and Gentlemen:
I am familiar with the establishment of the RiverSource Variable Account 10
("Account"), which is a separate account of RiverSource Life Insurance Company
("Company") established by the Company's Board of Directors according to
applicable insurance law. I also am familiar with the above-referenced
Registration Statement filed by the Company on behalf of the Account with the
Securities and Exchange Commission.
I have made such examination of law and examined such documents and records as
in my judgment are necessary and appropriate to enable me to give the
following opinion:
1. The Company is duly incorporated, validly existing and in good standing
under applicable state law and is duly licensed or qualified to do business
in each jurisdiction where it transacts business. The Company has all
corporate powers required to carry on its business and to issue the
contracts.
2. The Account is a validly created and existing separate account of the
Company and is duly authorized to issue the securities registered.
3. The contracts issued by the Company, when offered and sold in accordance
with the prospectuses contained in the Registration Statement and in
compliance with applicable law, will be legally issued and represent
binding obligations of its Company in accordance with their terms.
I hereby consent to the filing of this opinion as an exhibit to the Registration
Statement.
Sincerely,
/s/ Dixie Carroll
-------------------------------------
Dixie Carroll
Assistant General Counsel
and Assistant Secretary
CORRESP
7
filename7.txt
Jan. 25, 2013
VIA EDGAR
Securities and Exchange Commission
100 F Street N.E.
Washington, D.C. 20549
ATTN: Document Control - Edgar
RE: RiverSource Life Insurance Company ("Company")
RiverSource Variable Account 10 ("Registrant")
Initial Registration Statement on Form N-4
River Source RAVA 5 Advantage Variable Annuity
River Source RAVA 5 Select Variable Annuity
River Source RAVA 5 Access Variable Annuity
(offered for contract applications signed on or after April 29, 2013)
Dear Mr.Cowan:
On behalf of Registrant, the Company is filing electronically Registrant's
Initial Registration Statement on Form N-4. The purpose of this filing is to
introduce enhanced variable annuity contracts to be sold through an existing
separate account.
In accordance with SEC Release No. IC-13768 (February 15, 1984), Registrant
requests selective review of this Initial Registration Statement. Registrant
requests selective review because this Registration Statement is substantially
similar to Registrant's Pre-Effective Amendment No. 1, filed on or about April
20, 2012 as supplemented with Registrant's Post-Effective Amendment No. 2, filed
on or about June 7, 2012, File No. 333-179398/811-07355. Registrant does not
believe any problem areas exist that would warrant particular attention.
Contracts described in this Initial Registration Statement differ fundamentally
from those described in the Pre-Effective Amendment No. 1 and Post-Effective
Amendment No. 2 in the following respects:
- Mortality and Expense (M&E) risk fees have been increased by 0.05 basis
points. The fees will be determined by a contract chosen, a death benefit
guarantee, and the length of the contract's surrender charge schedule and
the year of the contract. After the 10th contract anniversary, the M&E fees
are the same for the three contracts;
- Additional investment options designed to reduce the impact of market
volatility on the living benefit riders, have been added to optional
SecureSource 3 riders and Accumulation Protector Benefit rider;
- Other non-material changes.
The prospectus and Statement of Additional Information relating to the
above-listed variable annuity contracts have been marked to show those changes.
If there is anything I can do to expedite review of the enclosed Initial
Registration Statement, or if you have any questions or comments, please call me
at (612) 678-4177 or Boba Selimovic at (612) 671-7449. Thank you for your
attention to this matter.
Sincerely,
/s/ Dixie Carroll
-------------------------------------
Dixie Carroll
Assistant General Counsel
and Assistant Secretary