485APOS 1 d253453d485apos.htm NYLIAC VARIABLE ANNUITY SEPARATE ACCOUNT IV NYLIAC VARIABLE ANNUITY SEPARATE ACCOUNT IV

Registration No. 333-172044

811-21397

 

 

 

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C.

 

 

Form N-4

   REGISTRATION STATEMENT   
   UNDER   
   THE SECURITIES ACT OF 1933   
   Post-Effective Amendment No. 10   
   REGISTRATION STATEMENT   
   UNDER   
   THE INVESTMENT COMPANY ACT OF 1940   
   Amendment No. 56   

 

 

NYLIAC VARIABLE ANNUITY SEPARATE ACCOUNT-IV

(Exact Name of Registrant)

 

 

NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION

(Name of Depositor)

 

 

51 Madison Avenue, New York, New York 10010

(Address of Depositor’s Principal Executive Office)

Depositor’s Telephone Number: (212) 576-7000

Trina Sandoval, Esq.

New York Life Insurance and Annuity Corporation

51 Madison Avenue

New York, New York 10010

(Name and Address of Agent for Service)

 

 

Copy to:

 

Richard T. Choi, Esq.    Thomas F. English, Esq.
Carlton Fields Jorden Burt    Senior Vice President
1025 Thomas Jefferson Street, NW    Deputy General Counsel
Suite 400 East    and Chief Insurance Counsel
Washington, D.C. 20007-5208    New York Life Insurance Company
   51 Madison Avenue
   New York, New York 10010

 

 

Approximate Date of Proposed Public Offering: Continuous

It is proposed that this filing will become effective (check appropriate box)

☐ immediately upon filing pursuant to paragraph (b) of Rule 485.

☐ on (date) pursuant to paragraph (b) of Rule 485.

☒ 60 days after filing pursuant to paragraph (a)(1) of Rule 485.

☐ on (Date) pursuant to paragraph (a)(1) of Rule 485.

If appropriate, check the following box:

☐ This post-effective amendment designates a new effective date for a previously filed post-effective amendment.

 

Title of Securities Being Registered:    Units of interest in a separate account under variable annuity contracts.

 

 

 


PROSPECTUS Dated May 1, 2017

for

New York Life Flexible Premium Variable Annuity III

From

NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION

(a Delaware Corporation)

51 Madison Avenue, Room 251, New York, New York 10010

Investing in

NYLIAC Variable Annuity Separate Account-III

NYLIAC Variable Annuity Separate Account-IV

This Prospectus describes the individual New York Life Flexible Premium Variable Annuity III policies issued by New York Life Insurance and Annuity Corporation (NYLIAC). We designed these policies to assist individuals with their long-term retirement planning or other long-term needs. You can use these policies with retirement plans that do or do not qualify for special federal income tax treatment. The policies offer no additional tax benefit when used with plans that qualify for special federal income tax treatment. The policies offer flexible premium payments, access to your money through partial withdrawals (some withdrawals may be subject to a surrender charge and/or penalty tax), a choice of when Income Payments commence, and a guaranteed death benefit if the owner dies before Income Payments have commenced.

You can choose to have the Mortality and Expense Risk and Administrative Costs Charge (“M&E Charge”) associated with your policy assessed based on either the Accumulation Value of the policy (which invests in Separate Account III) or the Adjusted Premium Payments (which invests in Separate Account IV). The M&E Charge assessed to your policy will be based on the option that you choose. You must choose your M&E Charge option prior to the issuance of the policy. Once the M&E Charge option is chosen it cannot be changed.

For Accumulation Value based M&E Charge policies, the M&E charge is assessed based on the Accumulation Value of the policy and will vary with fluctuations in the policy’s Accumulation Value. For Premium based M&E Charge policies, the M&E Charge is assessed based on the Adjusted Premium Payments and will not vary with fluctuations in the policy’s Accumulation Value. Please see “TABLE OF FEES AND EXPENSES—Periodic Charges Other Than Fund Company Charges” for more information.

You should read this Prospectus carefully before investing and keep it for future reference. This Prospectus is not valid unless it is accompanied by the current prospectuses for the Eligible Portfolios of the Funds in which the Investment Divisions invest (the “Funds” and each individually, a “Fund”). Please contact us at (800) 598-2019, or contact your registered representative, if you do not have the accompanying book of underlying fund prospectuses.

To learn more about the policies, you can obtain a copy of the Statement of Additional Information (SAI) dated May 1, 2017. The SAI has been filed with the Securities and Exchange Commission (SEC) and is incorporated by reference into this Prospectus. The table of contents for the SAI appears at the end of this Prospectus. For a free copy of the SAI, call us at (800) 598-2019 or write to us at the address noted above. The SEC maintains a website (http://www.sec.gov) that contains the SAI and other information that is filed electronically with the SEC.

The SEC has not approved or disapproved these securities or passed upon the adequacy or accuracy of this Prospectus. Any representation to the contrary is a criminal offense.

The policies involve risks, including potential loss of principal invested. The policies are not deposits or obligations of, or guaranteed or endorsed by, any bank, and are not federally insured by the FDIC, the Federal Reserve Board, or any other agency.

A Future Income Rider (“FIR”) was included with most policies (not available for applications signed on or after May 1, 2017). The FIR allows you to use your policy’s Variable Accumulation Value to purchase a stream of guaranteed future annuity income payments. Amounts used to purchase future income are no longer liquid and can be accessed only through future annuity income payments. (For more information, see “THE POLICIES – Riders – Future Income Rider”.)

Your premium payments accumulate on a tax-deferred basis. This means your earnings are not taxed until you take money out of your policy, which can be done in several ways. You can split your premium payments among a Fixed Account, the Dollar Cost Averaging Advantage Account and the Investment Divisions listed below. You may also allocate your premium payments to an Asset Allocation Model. The Investment Divisions and Asset Allocation Models listed below are available regardless of the M&E Charge structure that you choose.


•    MainStay VP Absolute Return Multi-Strategy — Service Class

•    MainStay VP Balanced — Service Class

•    MainStay VP Bond — Service Class

•    MainStay VP Common Stock — Service Class

•    MainStay VP Conservative Allocation — Service Class

•    MainStay VP Convertible — Service Class

•    MainStay VP Cornerstone Growth — Service Class

•    MainStay VP Cushing® Renaissance Advantage — Service Class

•    MainStay VP Eagle Small Cap Growth — Service Class

•    MainStay VP Emerging Markets Equity — Service Class

•    MainStay VP Epoch U.S. Small Cap — Service Class

•    MainStay VP Epoch U.S. Equity Yield — Service Class*

•    MainStay VP Floating Rate — Service Class

•    MainStay VP Government — Service Class

•    MainStay VP Growth Allocation — Service Class

•    MainStay VP High Yield Corporate Bond — Service Class

•    MainStay VP Income Builder — Service Class

•    MainStay VP International Equity — Service Class

•    MainStay VP Janus Balanced — Service Class

•    MainStay VP Large Cap Growth — Service Class

•    MainStay VP MFS® Utilities — Service Class

•    MainStay VP Mid Cap Core — Service Class

•    MainStay VP Moderate Allocation — Service Class

•    MainStay VP Moderate Growth Allocation — Service Class

•    MainStay VP PIMCO Real Return — Service Class

•    MainStay VP S&P 500 Index — Service Class

•    MainStay VP Small Cap Core — Service Class

•    MainStay VP T. Rowe Price Equity Income — Service Class

•    MainStay VP U.S. Government Money Market — Initial Class

  

•    MainStay VP Unconstrained Bond — Service Class

•    MainStay VP VanEck Global Hard Assets — Initial Class

•    American Funds IS® Global Small Capitalization FundSM — Class 4

•    American Funds IS® New World Fund® — Class 4

•    BlackRock® Global Allocation V.I. Fund — Class III

•    BlackRock® High Yield V.I. Fund — Class III

•    ClearBridge Variable Appreciation — Class II

•    Columbia Variable Portfolio — Commodity Strategy Fund — Class 2

•    Columbia Variable Portfolio — Emerging Markets Bond Fund — Class 2

•    Columbia Variable Portfolio — Small Cap Value Fund — Class 2

•    Deutsche Alternative Asset Allocation VIP — Class B

•    Dreyfus IP Technology Growth Portfolio — Service Shares

•    Fidelity® VIP Contrafund® Portfolio — Service Class 2

•    Fidelity® VIP Equity-Income Portfolio — Service Class 2

•    Fidelity® VIP Growth Opportunities Portfolio — Service Class 2

•    Fidelity® VIP Mid Cap Portfolio — Service Class 2

•    Invesco V.I. American Value Fund — Series II Shares

•    Invesco V.I. International Growth Fund — Series II Shares

•    Janus Aspen Global Research Portfolio — Service Shares

•    MFS® International Value — Service Class

•    MFS® Investors Trust Series — Service Class

•    MFS® Research Series — Service Class

•    Morgan Stanley VIF U.S. Real Estate Portfolio —
Class II**

•    Neuberger Berman AMT Mid Cap Growth Portfolio — Class S

•    PIMCO VIT Foreign Bond Portfolio (U.S. Dollar-Hedged) — Advisor Class

•    PIMCO VIT Low Duration Portfolio — Advisor Class

•    PIMCO VIT Total Return Portfolio — Advisor Class

•    Victory VIF Diversified Stock Fund — Class A Shares

 

* Formerly known as MainStay VP ICAP Select Equity
** Formerly known as UIF U.S. Real Estate

2016 Asset Allocation Models

 

Aggressive    Moderately Aggressive

30% MainStay VP Growth Allocation

10% Fidelity® VIP Contrafund® Portfolio

10% MainStay VP Unconstrained Bond

  8% American Funds IS® New World Fund®

  7% MFS® Investors Trust Series

  7% Invesco V.I. International Growth Fund

  6% MainStay VP Common Stock

  5% MainStay VP Absolute Return Multi-Strategy

  5% Neuberger Berman AMT Mid Cap Growth Portfolio

  5% Deutsche Alternative Asset Allocation VIP

  4% MainStay VP International Equity

  3% American Funds IS® Global Small CapitalizationSM

  

30% MainStay VP Growth Allocation

10% Fidelity® VIP Contrafund® Portfolio

10% MainStay VP Unconstrained Bond

  6% MainStay VP Absolute Return Multi-Strategy

  6% MFS® Investors Trust Series

  5% MainStay VP High Yield Corporate Bond

  5% PIMCO VIT Foreign Bond (U.S. Dollar-Hedged)

  5% PIMCO VIT Total Return

  4% Deutsche Alternative Asset Allocation VIP

  4% Invesco V.I. International Growth Fund

  4% MainStay VP Common Stock

  3% American Funds IS® New World Fund®

  3% Neuberger Berman AMT Mid Cap Growth Portfolio

  2% PIMCO VIT Low Duration

  2% Columbia Variable Portfolio — Emerging Markets Bond

  1% MainStay VP PIMCO Real Return

Moderate

30% MainStay VP Moderate Growth Allocation

15% MainStay VP Unconstrained Bond

  7% Fidelity® VIP Contrafund® Portfolio

  7% MainStay VP Absolute Return Multi-Strategy

  6% PIMCO VIT Foreign Bond (U.S. Dollar-Hedged)

  6% PIMCO VIT Total Return

  5% BlackRock® Global Allocation

  4% Invesco V.I. International Growth Fund

  4% MainStay VP High Yield Corporate Bond

  3% Deutsche Alternative Asset Allocation VIP

  3% PIMCO VIT Low Duration

  3% MFS® Investors Trust Series

  2% American Funds IS® New World Fund®

  2% MainStay VP PIMCO Real Return

  

Moderately Conservative

30% MainStay VP Moderate Allocation

20% MainStay VP Unconstrained Bond

  8% MainStay VP Absolute Return Multi-Strategy

  8% PIMCO VIT Foreign Bond (U.S. Dollar-Hedged)

  8% PIMCO VIT Total Return

  5% Fidelity® VIP Contrafund® Portfolio

  5% BlackRock® Global Allocation

  4% MainStay VP High Yield Corporate Bond

  4% PIMCO VIT Low Duration

  2% Deutsche Alternative Asset Allocation VIP

  2% Invesco V.I. International Growth Fund

  2% MainStay VP PIMCO Real Return

  1% American Funds IS® New World Fund®

  1% Neuberger Berman AMT Mid Cap Growth Portfolio


  2% Neuberger Berman AMT Mid Cap Growth Portfolio

  1% Columbia Variable Portfolio — Emerging Markets Bond

 

Conservative

30% MainStay VP Unconstrained Bond

20% MainStay VP Conservative Allocation

12% PIMCO VIT Foreign Bond (U.S. Dollar-Hedged)

12% PIMCO VIT Total Return

  9% MainStay VP Absolute Return Multi-Strategy

  5% BlackRock® Global Allocation

  5% PIMCO VIT Low Duration

  4% MainStay VP High Yield Corporate Bond

  2% MainStay VP PIMCO Real Return

  1% Deutsche Alternative Asset Allocation VIP

 

Please be advised that each Asset Allocation Model is designed to achieve a different investment objective and takes into consideration risk tolerance and time horizon. Each Asset Allocation Model corresponds with one of the five Investment Objectives identified on your Investor Profile. (For more information, see “NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION AND THE SEPARATE ACCOUNT – Asset Allocation Models”.)

We do not guarantee the investment performance of the Investment Divisions. Depending on current market conditions, you can make or lose money in any of the Investment Divisions.


TABLE OF CONTENTS

 

     Page  

DEFINITIONS

     3   

TABLE OF FEES AND EXPENSES

     6   

QUESTIONS AND ANSWERS ABOUT NEW YORK LIFE FLEXIBLE PREMIUM VARIABLE ANNUITY III

     14   

How Do I Contact NYLIAC?

     18   

FINANCIAL STATEMENTS

     20   

CONDENSED FINANCIAL INFORMATION

     21   

NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION AND THE SEPARATE ACCOUNT

     27   

New York Life Insurance and Annuity Corporation

     27   

The Separate Account

     27   

The Portfolios

     27   

Asset Allocation Models

     28   

Additions, Deletions, or Substitutions of Investments

     33   

Reinvestment

     34   

THE POLICIES

     34   

Selecting the Variable Annuity That’s Rightfor You

     34   

Qualified and Non-Qualified Policies

     35   

Policy Application and Premium Payments

     35   

Tax-Free Section 1035 Exchanges

     36   

Payments Returned for Insufficient Funds

     37   

Your Right to Cancel (“Free Look”)

     37   

Issue Ages

     37   

Transfers

     37   

Limits on Transfers

     38   

Speculative Investing

     40   

Virtual Service Center and Interactive Voice Response System

     40   

Cybersecurity Risks

     41   

Registered Representative Actions

     41   

Electronic Delivery

     42   

Dollar Cost Averaging (DCA) Programs

     42   

(a) Traditional Dollar Cost Averaging

     43   

(b) Dollar Cost Averaging Advantage Account

     44   

Automatic Asset Rebalancing

     44   

Interest Sweep

     45   

Accumulation Period

     45   

(a) Crediting of Premium Payments

     45   

(b) Valuation of Accumulation Units

     46   

Riders

     46   

(a) Living Needs Benefit/Unemployment Rider

     46   

(b) Future Income Rider

     47   

(c) Annual Death Benefit Reset Rider (optional)

     50   

Policyowner Inquiries

     51   

Records and Reports

     51   

CHARGES AND DEDUCTIONS

     52   

Surrender Charges

     52   

Amount of Surrender Charge

     52   

Exceptions to Surrender Charges

     52   
     Page  

Other Charges

     53   

(a) Mortality and Expense Risk and Administrative Costs Charge

     53   

(b) Policy Service Charge

     54   

(c) Fund Charges

     54   

(d) Transfer Fees

     54   

(e) Annual Death Benefit Reset Rider Charge

     54   

Group and Sponsored Arrangements

     55   

Taxes

     55   

DISTRIBUTIONS UNDER THE POLICY

     55   

Surrenders and Withdrawals

     55   

(a) Surrenders

     56   

(b) Partial Withdrawals

     56   

(c) Periodic Partial Withdrawals

     56   

(d) Hardship Withdrawals

     57   

Required Minimum Distribution Option

     57   

Our Right to Cancel

     57   

Annuity Commencement Date

     57   

Death Before Annuity Commencement

     57   

Income Payments

     58   

(a) Election of Income Payment Options

     58   

(b) Proof of Survivorship

     59   

Delay of Payments

     59   

Designation of Beneficiary

     59   

Restrictions Under Code Section 403(b)(11)

     60   

Loans

     60   

THE FIXED ACCOUNT

     61   

(a) Interest Crediting

     61   

(b) Transfers to Investment Divisions or an Asset Allocation Model

     61   

THE DCA ADVANTAGE ACCOUNT

     62   

FEDERAL TAX MATTERS

     62   

Introduction

     62   

Taxation of Annuities in General

     63   

3.8 Percent Tax on Certain Investment Income

     64   

Partial Section 1035 Exchanges

     64   

Qualified Policies

     65   

(a) 403(b) Plans

     65   

(b) Individual Retirement Annuities

     65   

(c) Roth Individual Retirement Annuities

     66   

(d) Deferred Compensation Plans

     66   

(e) SIMPLE IRAs

     66   

Taxation of Death Benefits

     67   

DISTRIBUTION AND COMPENSATION ARRANGEMENTS

     67   

VOTING RIGHTS

     67   

TABLE OF CONTENTS FOR THE STATEMENT OF ADDITIONAL INFORMATION

     69   

APPENDIX 1 - FIR AVAILABILITY BY PLAN TYPE

     A-1   

APPENDIX 2 - STATE VARIATIONS

     B-1   
 

 

This Prospectus is not considered an offering in any state where the sale of this policy cannot lawfully be made. We do not authorize any information or representations regarding the offering other than as described in this Prospectus or in any accompanying supplement to this Prospectus or in any authorized supplemental sales material.

 

2


DEFINITIONS

Accumulation Unit—An accounting unit we use to calculate the Variable Accumulation Value prior to the Annuity Commencement Date. Each Investment Division of the Separate Account has a distinct variable Accumulation Unit value.

Accumulation Value—The sum of the Variable Accumulation Value, the Fixed Account Accumulation Value and the DCA Advantage Account Accumulation Value of a policy.

Adjusted Premium Payment—The total dollar amount of premium payments made under the policy and allocated to the Investment Divisions of the Separate Account and the DCA Advantage Account reduced by any withdrawals (including Future Income Purchases, if any) and applicable surrender charges in excess of any gain in the policy.

Allocation Options—The Investment Divisions of the Separate Account, any Asset Allocation Model the DCA Advantage Account and the Fixed Account.

Annuitant—The person or persons named on the Policy Data Page and whose life or lives determine the Income Payments and, if any, Future Income Payments.

Annuity Commencement Date—The date on which we are to make the first Income Payment under the policy.

Asset Allocation Model—A model portfolio comprised of Investment Divisions of the Separate Account. The model portfolio is designed by New York Life Investment Management LLC (“New York Life Investments”) and based primarily on investment risk.

Beneficiary—The person or entity having the right to receive the death benefit proceeds set forth in the policy and who is the “designated beneficiary” for purposes of Section 72 of the Code (as defined below).

Business Day—Generally, any day on which the New York Stock Exchange (NYSE) is open for trading. Our Business Day ends at 4:00 p.m. Eastern Time or the close of regular trading of the NYSE, if earlier.

Code—The Internal Revenue Code of 1986, as amended.

Consideration—A premium payment, or a portion thereof and/or, if allowable, a transfer amount from an Investment Division to the Fixed Account.

Dollar Cost Averaging (DCA) Advantage Account Accumulation Value—The sum of premium payments allocated to the DCA Advantage Account, plus interest credited on those premium payments, less any transfers and partial withdrawals from the DCA Advantage Account, and less any surrender charges, policy service charges and rider charges assessed on and deducted from the DCA Advantage Account. The DCA Advantage Account Accumulation Value is supported by assets in NYLIAC’s general account. These assets are subject to the claims of our general creditors. The DCA Advantage Account Accumulation Value will never be less than the DCA Advantage Account portion of the Nonforfeiture Value.

Dollar Cost Averaging (DCA) Advantage Account—An Allocation Option that permits dollar cost averaging over a six-month period, and pays interest on amounts remaining in the account. Amounts are transferred from the DCA Advantage Account to the Investment Division(s) you choose on a monthly basis.

Eligible Portfolios (Portfolios)—The mutual fund portfolios of the funds that are available for investment through the Investment Divisions of the Separate Account.

Fixed Account—An account that is credited with a fixed interest rate which NYLIAC declares and is not part of the Separate Account. The Fixed Account is supported by assets in NYLIAC’s general account, which are subject to the claims of our general creditors.

Fixed Account Accumulation Value—The sum of premium payments and, if allowable, transfers allocated to the Fixed Account, plus interest credited on those premium payments and, if allowable, transfers, less any transfers and partial withdrawals from the Fixed Account, and less any surrender charges, policy service charges and rider charges assessed on and deducted from the Fixed Account. The Fixed Account Accumulation Value will never be less than the Fixed Account portion of the Nonforfeiture Value.

Future Income Payments—Fixed periodic income payments that NYLIAC makes through the Future Income Rider after

the Future Income Start Date.

Future Income Purchases—Purchases of future income through the Future Income Rider, through deductions from your Variable Accumulation Value. Future Income Purchases are considered withdrawals for the purposes of calculating the amount of a death benefit under the base policy or the Annual Death Benefit Reset Rider.

 

3


General Office—A New York Life field office.

Good Order—We consider a transaction to be in “Good Order” if it complies generally with our administrative procedures and all relevant laws and regulations, and the required information is complete and correct. We may delay or reject a request if it is not in Good Order. Good Order generally means the actual receipt by us of instructions relating to the requested transaction in writing (or, if permitted, by telephone or electronically), along with all forms and other information or documentation necessary to complete the request. We may, in our sole discretion, determine whether any particular request is in Good Order. If you have any questions, you should contact us or your registered representative before submitting a form or request.

Income Payments—Periodic payments NYLIAC makes after the Annuity Commencement Date.

Investment Division—The variable investment options available under the policy. Each Investment Division invests exclusively in shares of a specified Eligible Portfolio.

Non-Qualified Policies—Policies that are not available for use by individuals in connection with employee retirement plans intended to qualify for special federal income tax treatment under Sections 403(b), 408, and 408A of the Code. Non-Qualified Policies include policies issued for other retirement plans or arrangements, including plans qualifying under Section 401(a) of the Code.

Nonforfeiture Rate—The rate used to calculate the Fixed Account and DCA Advantage Account Nonforfeiture Values. This rate, as shown on the Policy Data Page, is equal to the lesser of: a) 3.00%, and b) a rate that is not less than 1.00% and determined by using the six-month average of the five-year Constant Maturity Treasury Rate reported by the Federal Reserve for December through May (for period beginning July 1) and June through November (for period beginning January 1), rounded to the nearest .05%, minus 1.25%.

Nonforfeiture Value—The Nonforfeiture Value is equal to 87.50% of the Consideration(s) allocated to the Fixed Account and/or the DCA Advantage Account accumulated at the Nonforfeiture Rate since the Payment Date or transfer date, minus any amounts withdrawn or transferred from the Fixed Account, with the remaining amount accumulated at the Nonforfeiture Rate since the date of withdrawal or transfer.

NYLIAC, we, our or us—New York Life Insurance and Annuity Corporation. All written service requests must be sent to the NYLIAC Variable Products Service Center (“VPSC”) at one of the addresses listed in Question 15 of the section of the Prospectus entitled, “Questions and Answers About New York Life Flexible Premium Variable Annuity III.”

Owner (you, your)—The individual(s) or entity(ies) designated as the Owner in the policy, or as subsequently changed, who is entitled to exercise all rights under the policy.

Payee—The individual designated to receive income payments, under the policy or the Future Income Rider.

Payment Date—The Business Day on which we receive a premium payment at the address specified in this Prospectus to receive such payment.

Payment Year(s)—With respect to any premium payment, the year(s) beginning on the date such premium payment is made to the policy.

Policy Anniversary—An anniversary of the Policy Date shown on the Policy Data Page.

Policy Data Page—Page 2 of the policy which contains the policy specifications.

Policy Date—The date from which we measure Policy Years, quarters, months, and Policy Anniversaries. It is shown on the Policy Data Page.

Policy Year—A year starting on the Policy Date. Subsequent Policy Years begin on each Policy Anniversary, unless otherwise indicated.

Qualified Policies—Policies for use by individuals under employee retirement plans that are intended to qualify for special federal income tax treatment under Sections 403(b), 408, and 408A of the Code. Qualified Policies do not include policies issued for any other retirement plans or arrangements, including plans qualifying under Section 401(a) of the Code.

Reset Value—Please see “Riders-Annual Death Benefit Reset Rider (optional)”.

Return of Premium Death Benefit —The total dollar amount of premium payments made under this Policy reduced by any Return of Premium Death Benefit Proportional Withdrawals.

 

4


Return of Premium Death Benefit Proportional Withdrawal—An amount equal to the amount withdrawn from this Policy (including any amount withdrawn that may include surrender charges), divided by this Policy’s Accumulation Value immediately preceding the withdrawal, multiplied by the Return of Premium Death Benefit immediately preceding the withdrawal.

Separate Account—NYLIAC Variable Annuity Separate Account-III or NYLIAC Variable Annuity Separate Account IV, each a segregated asset account we established to receive and invest premium payments paid under the policies. The Separate Account’s Investment Divisions, in turn, purchase shares of Eligible Portfolios.

Variable Accumulation Value—The sum of the current Accumulation Unit value(s) for each of the Investment Divisions multiplied by the number of Accumulation Units held in the respective Investment Division.

 

5


TABLE OF FEES AND EXPENSES

The following tables describe the fees and expenses that you will pay when buying, owning, and surrendering the policy. The first table describes the fees and expenses that you will pay at the time that you buy the policy, surrender the policy, or transfer Accumulation Value between investment options. State premium taxes may also be deducted.

Policyowner Transaction Expenses

 

Guaranteed maximum Surrender Charge as a percentage of the amount
withdrawn
1

     7.00

Current Surrender Charge as a percentage of the amount withdrawn1

     7.00

Current and guaranteed maximum Transfer Fee for each transfer over
12 in a Policy Year (currently no charge for the first 12 transfers in a
Policy Year).

     $30   

 

1 

In Policy Years 2 and beyond, the percentage applied to calculate the maximum Surrender Charge is reduced as follows: 7% during Policy Years 2 and 3; 6% during Policy Year 4; 5% during Policy Year 5; 4% during Policy Year 6; 3% during Policy Year 7; 2% during Policy Year 8; 1% during Policy Year 9; and 0% thereafter.

The next table describes the fees and expenses that you will pay periodically during the time that you own the policy, not including Fund fees and expenses.

Periodic Charges Other Than Fund Company Charges

The charges in the “Accumulation Value Based M&E Charge Policies” column apply if you choose to have M&E charges calculated as an annualized percentage of daily average Variable Accumulation Value. The charges in the “Premium Based M&E Charge Policies” column apply if you choose to have M&E charges calculated as an annualized percentage of Adjusted Premium Payments.

 

     Accumulation Value
Based M&E  Charge
Policies
  Premium Based M&E
Charge Policies

Annual Policy Service Charge (for policies with less than $50,000 Accumulation Value)

   $30   $30

Guaranteed maximum Mortality and Expense Risk and Administrative Costs Charge

   1.35%

(During the Surrender
Charge Period for the
initial premium)

1.15%

(After the Surrender
Charge Period for the
initial premium)

  1.55%

(During the Surrender
Charge Period for the
initial premium)

1.35%

(After the Surrender
Charge Period for the
initial premium)

Current Mortality and Expense Risk and Administrative Costs Charge for Policies applied for on and after May 1, 2016

   1.30%

(During the Surrender
Charge Period for the
initial premium)

1.10%

(After the Surrender
Charge Period for the
initial premium)

  1.40%

(During the Surrender
Charge Period for the
initial premium)

1.20%

(After the Surrender
Charge Period for the
initial premium)

 

6


Current Mortality and Expense Risk and Administrative Costs Charge for Policies applied for before May 1, 2016

   1.35%

(During the Surrender
Charge Period for the
initial premium)

1.15%

(After the Surrender
Charge Period for the
initial premium)

  1.55%

(During the Surrender
Charge Period for the
initial premium)

1.35%

(After the Surrender
Charge Period for the
initial premium)

Optional Rider Charges: Annual Death Benefit Reset Rider Applied For On Or After May 1, 2016

 

Guaranteed maximum Annual Death Benefit Reset Rider Charge (calculated as an annualized percentage of the Reset Value as of the last Policy Anniversary (or as of the Policy Date if within the first Policy Year), deducted on a quarterly basis; for a detailed explanation of the term “Reset Value,” see “THE POLICIES-Riders-Annual Death Benefit Reset Rider”).

     1.00

Current Annual Death Benefit Reset Rider Charge

     0.25

Optional Rider Charges: Annual Death Benefit Reset Rider Applied For Before May 1, 2016

 

Guaranteed maximum Annual Death Benefit Reset Rider Charge (calculated as an annualized percentage
of the Reset Value as of the last Policy Anniversary (or as of the Policy Date if within the first Policy Year),
deducted on a quarterly basis; for a detailed explanation of the term “Reset Value,” see “THE
POLICIES-Riders-Annual Death Benefit Reset Rider”).

     1.00

Current Annual Death Benefit Reset Rider Charge (if the oldest Owner was age 65 or
younger when the policy was issued)

     0.30

Current Annual Death Benefit Reset Rider Charge (if the oldest Owner was age 66 to 75
inclusive when the policy was issued)

     0.35

The next table shows the minimum and maximum total operating expenses charged by the portfolio companies that you may pay periodically during the time that you own the policy (before any fee waiver or expense reimbursement). The expenses are expressed as a percentage of average net assets of the portfolios and may be higher or lower in the future. More detail concerning each portfolio company’s fees and expenses is contained in the prospectus for each portfolio company.

Total Annual Portfolio Company Operating Expenses(#)

 

     Minimum     Maximum  

Expenses that are deducted from the Eligible Portfolio
assets, including management fees, 12b-1
fees, administration fees and other expenses as of
December 31, 2016.

     0.48     1.95

 

(#) Shown as a percentage of average net assets for the fiscal year ended December 31, 2016. The Fund or its agents provided the fees and charges that are based on 2016 expenses, unless otherwise indicated. For Funds that are not affiliated with NYLIAC, we have not verified the accuracy of the information provided by the Fund or its agents.

 

7


Annual Portfolio Company Operating Expenses(#)

 

Fund

   Management
Fees
    Distribution
(12b-1)
Fees(§)
    Other
Expenses
    Acquired
Fund Fees
and Expenses
    Total Fund
Annual
Expense
    Fee Waiver
And/Or Expense
Reimbursement
    Total Fund
Annual
Expense after
Fee Waiver
And/Or Expense
Reimbursement
 

MainStay VP Conservative Allocation — Service Class

     0.00     0.25     0.03     0.80     1.08     (—     1.08

MainStay VP Emerging Markets Equity — Service Class

     1.10     0.25     0.30     0.06     1.71     (—     1.71

MainStay VP Growth Allocation — Service Class

     0.00     0.25     0.03     1.17     1.45     (—     1.45

MainStay VP Moderate Allocation — Service Class

     0.00     0.25     0.02     0.93     1.20     (—     1.20

MainStay VP Moderate Growth Allocation — Service Class

     0.00     0.25     0.02     1.05     1.32     (—     1.32

Deutsche Alternative Asset Allocation VIP — Class B

     0.31     0.25     0.27     1.12     1.95     (0.24 %)      1.71 %(i) 

Fidelity® VIP Equity-Income Portfolio — Service Class 2

     0.45     0.25     0.09     0.08     0.87     (—     0.87

Invesco V.I. American Value Fund — Series II Shares

     0.72     0.25     0.27     0.11     1.35     (—     1.35

Please refer to the applicable fund prospectus for additional information.

 

(#) Shown as a percentage of average net assets for the fiscal year ended December 31, 2016, unless otherwise indicated. The Fund or its agents provided the fees and charges, which are based on 2016 expenses. For funds that are not affiliated with NYLIAC, we have not verified the accuracy of the information provided by the Fund or its agents.
(§) Because the 12b-1 fee charge is an ongoing fee, the fee will increase the cost of your investment and may cost you more than paying other types of sales charges. The fees designated as “12b-1 fees” may reflect “Service Fees.”

 

Fund

   Management
Fees(¶)
    Distribution
(12b-1)
Fees(§)
    Other
Expenses
    Total  Fund
Annual
Expense(#)
    Fee Waiver
And/Or
Expense
Reimbursement
    Total Fund
Annual
Expense after
Fee Waiver
And/Or
Expense
Reimbursement
 

MainStay VP Absolute Return Multi-Strategy — Service Class

     1.25     0.25     0.45     1.95     (0.24 %)      1.71 %(a) 

MainStay VP Balanced — Service Class

     0.70     0.25     0.09     1.04     (—     1.04

MainStay VP Bond — Service Class

     0.48     0.25     0.04     0.77     (—     0.77

MainStay VP Common Stock — Service Class

     0.54     0.25     0.04     0.83     (—     0.83

MainStay VP Convertible — Service Class

     0.59     0.25     0.03     0.87     (—     0.87

MainStay VP Cornerstone Growth — Service Class

     0.70     0.25     0.03     0.98     (—     0.98

MainStay VP Cushing Renaissance Advantage — Service Class

     1.25     0.25     0.10     1.60     (—     1.60

MainStay VP Eagle Small Cap Growth — Service Class

     0.81 %(k)      0.25     0.04     1.10     (—     1.10

MainStay VP Epoch U.S. Equity Yield — Service Class

     0.76     0.25     0.02     1.03     (—     1.03

 

8


Fund

   Management
Fees(¶)
    Distribution
(12b-1)
Fees(§)
    Other
Expenses
    Total  Fund
Annual
Expense(#)
    Fee Waiver
And/Or
Expense
Reimbursement
    Total Fund
Annual
Expense after
Fee Waiver
And/Or
Expense
Reimbursement
 

MainStay VP Epoch U.S. Small Cap — Service Class  

     0.77     0.25     0.04     1.06     (—     1.06

MainStay VP Floating Rate — Service Class

     0.60     0.25     0.05     0.90     (—     0.90

MainStay VP Government — Service Class

     0.50     0.25     0.05     0.80     (—     0.80

MainStay VP High Yield Corporate Bond — Service Class

     0.56     0.25     0.02     0.83     (—     0.83

MainStay VP Income Builder — Service Class

     0.57     0.25     0.06     0.88     (—     0.88

MainStay VP International Equity — Service Class

     0.89     0.25     0.06     1.20     (—     1.20

MainStay VP Janus Balanced – Service Class

     0.55 %(l)      0.25     0.03     0.83     (—     0.83

MainStay VP Large Cap Growth — Service Class

     0.74     0.25     0.03     1.02     (—     1.02 %(b) 

MainStay VP MFS® Utilities — Service Class

     0.72     0.25     0.05     1.02     (—     1.02

MainStay VP Mid Cap Core — Service Class

     0.85     0.25     0.04     1.14     (0.02 %)      1.12 %(g) 

MainStay VP PIMCO Real Return – Service Class

     0.50     0.25     0.22     0.97     (—     0.97

MainStay VP S&P 500 Index — Service Class

     0.24     0.25     0.03     0.52     (—     0.52

MainStay VP Small Cap Core — Service Class

     0.85     0.25     0.04     1.14     (—     1.14

MainStay VP T. Rowe Price Equity Income — Service Class

     0.74     0.25     0.03     1.02     (—     1.02

MainStay VP U.S. Government Money Market — Initial Class

     0.44     0.00     0.04     0.48     (—     0.48

MainStay VP Unconstrained Bond — Service Class

     0.58     0.25     0.07     0.90     (—     0.90

MainStay VP VanEck Global Hard Assets — Initial Class

     0.89     0.00     0.04     0.93     (—     0.93

American Funds IS® Global Small Capitalization FundSM— Class 4

     0.69     0.25     0.29     1.23     (—     1.23

American Funds IS® New World Fund® — Class 4

     0.72     0.25     0.32     1.29     (—     1.29

BlackRock® Global Allocation V.I. Fund — Class III

     0.62     0.25     0.25     1.12     (0.13 %)      0.99 %(c) 

BlackRock® High Yield V.I. Fund – Class III

     0.53     0.25     0.29     1.07     (0.12 %)      0.95 %(d) 

ClearBridge Variable Appreciation – Class II

            

Columbia Variable Portfolio — Commodity Strategy Fund — Class 2

     0.63     0.25     0.25     1.13     (—     1.13

Columbia Variable Portfolio — Emerging Markets Bond Fund — Class 2

     0.60     0.25     0.15     1.00     (—     1.00

Columbia Variable Portfolio — Small Cap Value Fund — Class 2

     0.87     0.25     0.11     1.23     (0.05 %)      1.18 %(h) 

Dreyfus IP Technology Growth Portfolio — Service Shares

     0.75     0.25     0.08     1.08     (—     1.08

Fidelity® VIP Contrafund® Portfolio — Service Class 2

     0.55     0.25     0.08     0.88     (—     0.88

Fidelity® VIP Growth Opportunities Portfolio — Service Class 2

     0.55     0.25     0.12     0.92     (—     0.92

Fidelity® VIP Mid Cap Portfolio — Service Class 2

     0.55     0.25     0.08     0.88     (—     0.88

Invesco V.I. International Growth Fund — Series II Shares

     0.71     0.25     0.31     1.27     (0.01 %)      1.26 %(e) 

 

9


Fund

   Management
Fees(¶)
    Distribution
(12b-1)
Fees(§)
    Other
Expenses
    Total  Fund
Annual
Expense(#)
    Fee Waiver
And/Or
Expense
Reimbursement
    Total Fund
Annual
Expense after
Fee Waiver
And/Or
Expense
Reimbursement
 

Janus Aspen Global Research Portfolio — Service Shares

     0.74     0.25     0.11     1.10     (—     1.10

MFS® International Value — Service Class

            

MFS® Investors Trust Series — Service Class

     0.75     0.25     0.07     1.07     (—     1.07

MFS® Research Series — Service Class

     0.75     0.25     0.07     1.07     (—     1.07

Morgan Stanley VIF U.S. Real Estate Portfolio — Class II

     0.80     0.25 %(j)      0.27     1.32     (0.07 %)      1.25 %(f) 

Neuberger Berman AMT Mid Cap Growth Portfolio — Class S

     0.84     0.25     0.14     1.23     (—     1.23

PIMCO VIT Foreign Bond Portfolio (U.S. Dollar-Hedged) — Advisor Class

     0.75     0.25     0.00     1.00     (—     1.00

PIMCO VIT Low Duration Portfolio — Advisor Class

     0.50     0.25     0.01     0.76     (—     0.76

PIMCO VIT Total Return Portfolio — Advisor Class

     0.50     0.25     0.01     0.76     (—     0.76

Victory VIF Diversified Stock Fund — Class A Shares

     0.30     0.25     0.59     1.14     (—     1.14

Please refer to the applicable fund prospectus for additional information.

 

Management Fees may include Adviser and/or Administration Fees.
# Shown as a percentage of average net assets for the fiscal year ended December 31, 2016, unless otherwise indicated. The Fund or its agents provided the fees and charges, which are based on 2016 expenses. We have not verified the accuracy of the information provided by the Fund or its agents.
(§) Because the 12b-1 fee charge is an ongoing fee, the fee will increase the cost of your investment and may cost you more than paying other types of sales charges. The fees designated as “12b-1 fees” may reflect “Service Fees.”
(a) New York Life Investments has contractually agreed to waive fees and/or reimburse expenses so that Total Annual Portfolio Operating Expenses (excluding taxes, interest, litigation, extraordinary expenses, brokerage and other transaction expenses relating to the purchase or sale of portfolio investments, and acquired (underlying) fund fees and expenses) do not exceed 1.71% of the average daily net assets of Service Class shares. This agreement expires on May 1, 2017, and may only be amended or terminated prior to that date by action of the Board.
(b) New York Life Investments has contractually agreed to waive a portion of its management fee so that the management fee does not exceed 0.55% on assets up from $11 billion to $13 billion; and 0.525% on assets over $13 billion. This agreement will remain in effect until May 1, 2017, and shall renew automatically for one-year terms unless New York Life Investments provides written notice of termination prior to the start of the next term or upon approval of the Board of Trustees of the Fund.
(c) As described in the “Management of the Funds” section of the Fund’s prospectus, BlackRock has contractually agreed to waive and/or reimburse fees or expenses in order to limit Total Annual Fund Operating Expenses After Fee Waivers and/or Expense Reimbursements (excluding Dividend Expense, Interest Expense, Acquired Fund Fees and Expenses and certain other Fund expenses) to 1.50% of average daily net assets through April 30, 2017. BlackRock has also contractually agreed to reimburse fees in order to limit certain operational and recordkeeping fees to 0.07% of average daily net assets through April 30, 2017. Each of these contractual agreements may be terminated upon 90 days’ notice by a majority of the non-interested directors of the Fund or by a vote of a majority of the outstanding voting securities of the Fund.
(d) As described in the “Management of the Funds” section of the Fund’s prospectus, BlackRock has contractually agreed to waive and/or reimburse fees or expenses in order to limit Total Annual Fund Operating Expenses After Fee Waivers and/or Expense Reimbursements (excluding Dividend Expense, Interest Expense, Acquired Fund Fees and Expenses and certain other Fund expenses) to 1.50% of average daily net assets through April 30, 2017. BlackRock has also contractually agreed to reimburse fees in order to limit certain operational and recordkeeping fees to 0.05% of average daily net assets through April 30, 2017. Each of these contractual agreements may be terminated upon 90 days’ notice by a majority of the non-interested directors of the Fund or by a vote of a majority of the outstanding voting securities of the Fund.
(e) Invesco has contractually agreed to waive a portion of the Fund’s management fee in an amount equal to the net management fee that Invesco earns on the Fund’s investments in certain affiliated funds, which will have the effect of reducing Acquired Fund Fees and Expenses. Unless Invesco continues the fee waiver agreement, it will terminate on June 30, 2017. The fee waiver agreement cannot be terminated during its term.
(f)

The Portfolio’s “Adviser,” Morgan Stanley Investment Management Inc., has agreed to reduce its advisory fee and/or reimburse the Portfolio so that Total Annual Portfolio Operating Expenses, excluding certain investment related expenses, taxes, interest and other extraordinary expenses (including litigation), will not exceed 1.25%. The fee waivers and/or expense reimbursements will

 

10


  continue until May 1, 2017 or until such time as the Board of Directors of The Universal Institutional Funds, Inc. (the “Fund”) acts to discontinue all or a portion of such waivers and/or reimbursements when it deems such action is appropriate.
(g) New York Life Investments has contractually agreed to waive fees and/or reimburse expenses so that Total Annual Portfolio Operating Expenses (excluding taxes, interest, litigation, extraordinary expenses, brokerage and other transaction expenses relating to the purchase or sale of portfolio investments, and acquired (underlying) portfolio fees and expenses) of Initial Class shares do not exceed 0.86% of the average daily net assets. New York Life Investments will apply an equivalent waiver or reimbursement, in an equal number of basis points, to the Service Class shares. This agreement will remain in effect until May 1, 2017, and shall renew automatically for one-year terms unless New York Life Investments provides written notice of termination prior to the start of the next term or upon approval of the Board of Trustees of the Portfolio.
(h) Columbia Management Investment Advisers, LLC and certain of its affiliates have contractually agreed to waive fees and/or to reimburse expenses (excluding transaction costs and certain other investment related expenses, interest, taxes, acquired fund fees and expenses, and infrequent and/or beyond usual expenses) until April 30, 2017, unless sooner terminated at the sole discretion of the Fund’s Board of Trustees. Under this agreement, the Fund’s net operating expenses, subject to applicable exclusions, will not exceed the annual rates of 1.18% for Class 2.
(i) Through April 30, 2017, the Advisor has contractually agreed to waive all or a portion of its management fee and reimburse or pay certain operating expenses of the portfolio to the extent necessary to maintain the portfolio’s total annual operating expenses at ratios no higher than 0.59% for Class B shares, excluding certain expenses such as extraordinary expenses, taxes, brokerage, interest expense and acquired funds (underlying funds) fees and expenses (estimated at 1.12%). These agreements may only be terminated with the consent of the fund’s Board.
(j) The Board of Directors of The Universal Institutional Funds, Inc. (the “Fund”) approved an amendment to the Fund’s Plan of Distribution reducing the distribution (12b-1) fee for the Portfolio’s Class II shares from 0.35% to 0.25% effective May 1, 2015. The distribution (12b-1) fee shown in the table above has been restated to reflect such change.
(k) New York Life Investments has contractually agreed to waive a portion of its management fee so that the management fee does not exceed 0.785% on assets over $1 billion. This agreement will remain in effect until May 1, 2017, and may only be amended or terminated prior to that date by action of the Board.
(l) New York Life Investments has contractually agreed to waive a portion of its management fee so that the management fee does not exceed 0.525% on assets over $1 billion. This agreement will remain in effect until May 1, 2017, and may only be amended or terminated prior to that date by action of the Board.

 

11


Examples

The table below will help you understand the various costs and expenses that you will bear directly and indirectly. The table reflects the Investment Division with the highest charges and expenses of the policy including, policyowner transaction expenses, the annual policy service charge (for policies with less than $50,000 Accumulation Value), separate account annual expenses, portfolio company fees and expenses and optional rider charges where indicated. Therefore, if your policy’s Accumulation Value exceeds that amount, the expenses would be slightly lower. For more information on the charges reflected in this table, see “CHARGES AND DEDUCTIONS” and the Fund prospectuses that accompany this Prospectus. NYLIAC may, where premium taxes are imposed by state law, deduct the premium taxes upon surrender of the policy or on the Annuity Commencement Date.

You would pay the following expenses on a $10,000 allocation in the Investment Division listed, assuming a 5% annual return on assets:

For Accumulation Value based M&E Charge New York Life Flexible Premium Variable Annuity III Policies applied for on and after May 1, 2016:

 

    Expenses if you
annuitize your policy
    Expenses if you
surrender your policy
    Expenses if you do not
surrender your policy
 

Investment Division

  1 yr     3 yr     5 yr     10 yr     1 yr     3 yr     5 yr     10 yr     1 yr     3 yr     5 yr     10 yr  

MainStay VP Absolute Return Multi-Strategy—Service Class

  

     

without any Riders

  $ 1,011.25      $ 1,098.11      $ 1,873.23      $ 3,871.23      $ 1,011.25      $ 1,784.84      $ 2,384.66      $ 3,901.23      $ 341.25      $ 1,098.11      $ 1,873.23      $ 3,871.23   

with ADBR Rider

  $ 1,034.68      $ 1,171.46      $ 1,992.40      $ 4,093.33      $ 1,034.68      $ 1,853.33      $ 2,497.89      $ 4,123.33      $ 366.25      $ 1,171.46      $ 1,992.40      $ 4,093.33   

For Premium based M&E Charge New York Life Flexible Premium Variable Annuity III Policies applied for on and after May 1, 2016:

 

    Expenses if you
annuitize your policy
    Expenses if you
surrender your policy
    Expenses if you do not
surrender your policy
 

Investment Division

  1 yr     3 yr     5 yr     10 yr     1 yr     3 yr     5 yr     10 yr     1 yr     3 yr     5 yr     10 yr  

MainStay VP Absolute Return Multi-Strategy —Service Class

  

     

without any Riders

  $ 1,014.53      $ 1,102.69      $ 1,871.60      $ 3,826.30      $ 1,014.53      $ 1,789.11      $ 2,383.06      $ 3,856.30      $ 344.75      $ 1,102.69      $ 1,871.60      $ 3,826.30   

with ADBR Rider

  $ 1,037.96      $ 1,177.04      $ 1,994.16      $ 4,063.52      $ 1,037.96      $ 1,858.54      $ 2,499.52      $ 4,093.52      $ 369.75      $ 1,177.04      $ 1,994.16      $ 4,063.52   

For Accumulation Value based M&E Charge New York Life Flexible Premium Variable Annuity III Policies applied for before May 1, 2016:

 

    Expenses if you
annuitize your policy
    Expenses if you
surrender your policy
    Expenses if you do not
surrender your policy
 

Investment Division

  1 yr     3 yr     5 yr     10 yr     1 yr     3 yr     5 yr     10 yr     1 yr     3 yr     5 yr     10 yr  

MainStay VP Absolute Return Multi-Strategy—Service Class

  

     

without any Riders

  $ 1,016.17      $ 1,113.53      $ 1,898.33      $ 3,918.27      $ 1,016.17      $ 1,799.24      $ 2,408.51      $ 3,948.27      $ 346.50      $ 1,113.53      $ 1,898.33      $ 3,918.27   

with ADBR Rider

  $ 1,048.97      $ 1,216.00      $ 2,064.46      $ 4,226.08      $ 1,048.97      $ 1,894.92      $ 2,566.36      $ 4,256.08      $ 381.50      $ 1,216.00      $ 2,064.46      $ 4,226.08   

 

12


For Premium based M&E Charge New York Life Flexible Premium Variable Annuity III Policies applied for before May 1, 2016:

 

    Expenses if you
annuitize your policy
    Expenses if you
surrender your policy
    Expenses if you do not
surrender your policy
 

Investment Division

  1 yr     3 yr     5 yr     10 yr     1 yr     3 yr     5 yr     10 yr     1 yr     3 yr     5 yr     10 yr  

MainStay VP Absolute Return Multi-Strategy—Service Class

  

without any Riders

  $ 1,028.59      $ 1,146.76      $ 1,943.43      $ 3,961.33      $ 1,028.59      $ 1,830.26      $ 2,451.32      $ 3,991.33      $ 359.75      $ 1,146.76      $ 1,943.43      $ 3,961.33   

with ADBR Rider

  $ 1,061.38      $ 1,250.59      $ 2,114.13      $ 4,289.41      $ 1,061.38      $ 1,927.21      $ 2,613.52      $ 4,319.41      $ 394.75      $ 1,250.59      $ 2,114.13      $ 4,289.41   

 

13


QUESTIONS AND ANSWERS ABOUT NEW YORK LIFE FLEXIBLE PREMIUM VARIABLE ANNUITY III

NOTE: The following section contains brief questions and answers about the New York Life Flexible Premium Variable Annuity III. You should refer to the body of this Prospectus for more detailed information.

1. What is the New York Life Flexible Premium Variable Annuity III?

The New York Life Flexible Premium Variable Annuity III is a Flexible Premium Deferred Variable Retirement Annuity Policy issued by NYLIAC. You may allocate premium payments to the Investment Divisions of the Separate Account, an Asset Allocation Model, as well as the DCA Advantage Account and/or to the Fixed Account. (See “ASSET ALLOCATION MODELS” for more information about which Asset Allocation Models are currently available to you.) The Accumulation Value will fluctuate according to the performance of the Investment Divisions or Asset Allocation Model selected, the deduction of the Separate Account charges, and the interest credited on amounts in the Fixed Account and the DCA Advantage Account.

2. Where can I allocate my premium payments?

(a) You can allocate your premium payments to one or more of the following Allocation Options:

(i) SEPARATE ACCOUNT

Separate Account III currently consists of 81 Investment Divisions, some of which may not be available under your policy. Separate Account IV currently consists of 58 Investment Divisions, some of which may not be available under your policy. The available Investment Divisions and Asset Allocation Models offer investments in domestic and international markets. When you allocate a premium payment to one of the Investment Divisions or an Asset Allocation Model, the Separate Account will invest your premium payment exclusively in shares of the corresponding Eligible Portfolio of the relevant Fund(s). You can allocate among a maximum of eighteen (18) Investment Divisions, plus the Fixed Account.

(ii) FIXED ACCOUNT

Each premium payment, or the portion of any premium payment you allocate to the Fixed Account will earn an interest rate at least equal to the guaranteed minimum interest rate.

(b) You can also allocate your premium payments to the DCA Advantage Account. NYLIAC will credit interest to amounts held in the DCA Advantage Account at rates we have set in advance. The DCA Advantage Account allows you to set up automatic dollar cost averaging from the DCA Advantage Account into the Investment Divisions, providing for automatic transfers to the Investment Divisions you select in six installments over a six month period. (See “THE DCA ADVANTAGE ACCOUNT.”)

3. Can I make transfers among the Investment Divisions, the Asset Allocation Models and the Fixed Account?

You can transfer all or part of the Accumulation Value of your policy between the Investment Divisions and one of the available Asset Allocation Models or from the Investment Divisions and/or an Asset Allocation Model to the Fixed Account at least 30 days before the Annuity Commencement Date. For Premium based M&E Charge policies, no transfers are allowed into the Fixed Account. For Account Value based M&E Charge policies, transfers to the Fixed Account from the Investment Divisions must be for at least $500. Generally, you can transfer a minimum amount of $25 into an Investment Division, unless we agree otherwise. You can make unlimited transfers each Policy Year subject to the Limits on Transfers. We currently do not charge for transfers. However, we reserve the right to charge up to $30 for each transfer after the first twelve in a given Policy Year. Please note that each transfer to or from an Asset Allocation Model counts as one transfer. (See “TRANSFERS.”)

All guarantees are subject to the claims-paying ability of NYLIAC. No third party guarantees are involved.

You can make transfers from the Fixed Account and the DCA Advantage Account, subject to certain restrictions which may apply. (See “THE FIXED ACCOUNT and “THE DCA ADVANTAGE ACCOUNT”). In addition, you can request transfers through the traditional Dollar Cost Averaging, Automatic Asset Rebalancing or Interest Sweep options as described herein.

 

14


4. What charges are assessed against the policy?

Before the date we start making Income Payments under the policy, we will deduct a policy service charge of $30 on each Policy Anniversary or upon surrender of the policy if on that date the Accumulation Value is below $50,000. In addition, we also deduct a charge for certain mortality and expense risks (M&E Charge) NYLIAC assumes and for policy administration expenses. You may choose to have the M&E Charge assessed based on either the Accumulation Value of the policy or the Adjusted Premium Payments. You must choose your M&E Charge option prior to the issuance of the policy. Once the M&E Charge option is chosen it cannot be changed.

For Accumulation Value based M&E Charge policies applied for on and after May 1, 2016, the M&E Charge is 1.30% (annualized) of the daily average Variable Accumulation Value during the surrender charge period for the initial premium and 1.10% after the surrender charge period for the initial premium. For Premium based M&E Charge policies applied for on and after May 1, 2016, the M&E Charge is 1.40% (annualized) of the Adjusted Premium Payments during the surrender charge period for the initial premium and 1.20% after the surrender charge period for the initial premium.

For Accumulation Value based M&E Charge policies applied for before May 1, 2016, the M&E Charge is 1.35% (annualized) of the daily average Variable Accumulation Value during the surrender charge period for the initial premium and 1.15% after the surrender charge period for the initial premium. For Premium based M&E Charge policies applied for before May 1, 2016, the M&E Charge is 1.55% (annualized) of the Adjusted Premium Payments during the surrender charge period for the initial premium and 1.35% after the surrender charge period for the initial premium.

Premium based M&E Charges will be deducted from the Investment Divisions through a reduction in Accumulation Units each policy quarter (excluding premium payments allocated to the Fixed Account that are not transferred to the Investment Division). (See “MORTALITY AND EXPENSE RISK AND ADMINISTRATIVE COSTS CHARGE.”)

The amount of Premium based M&E Charges assessed to your policy will be unaffected by fluctuations in market performance. In a rising market, the Premium based M&E Charge structure will benefit you because the Premium based M&E Charge, when measured as a percentage of separate account assets, will be reduced. In a flat or declining market, the Premium based M&E Charge structure will result in an increase in the charge when measured against separate account assets. The amount of Accumulation Value based M&E Charges assessed to your policy will be affected by fluctuations in market performance. However, the Accumulation Value based M&E Charge structure may be more advantageous in a flat or declining market.

We impose a surrender charge on certain partial withdrawals and surrenders of the policies. This charge is assessed as a percentage of the amount withdrawn or surrendered during the first nine Policy Years. The percentage declines after the first three Policy Years as follows:

 

Policy Year

   Surrender
Charge
 

1

     7

2

     7

3

     7

4

     6

5

     5

6

     4

7

     3

8

     2

9

     1

10+

     0

You can make withdrawals from the policy free of surrender charges based on certain limitations. In any one Policy Year, you may withdraw free of a surrender charge the greatest of (a) 10% of the Accumulation Value as of the last Policy Anniversary (10% of the premium payment if the withdrawal is made in the first Policy Year), less any prior Surrender Charge free withdrawals during the Policy Year; (b) the Accumulation Value less the accumulated premium payments; or (c) 10% of the Accumulation Value at the time of the withdrawal, less any prior Surrender Charge free withdrawals during the Policy Year. (See “CHARGES AND DEDUCTIONS—Surrender Charges” and “EXCEPTIONS TO SURRENDER CHARGES.”)

If you select the Annual Death Benefit Reset Rider (“ADBR”) (in jurisdictions where available), we will deduct a charge each policy quarter that the rider is in effect based on the amount that is reset on the last Policy Anniversary, less any Reset Value Proportional Reduction. This charge will be deducted from each Investment Division, the DCA

 

15


Advantage Account and the Fixed Account, in proportion to its percentage of the Accumulation Value. The maximum annual charge is 1.00% of the amount that is reset on the last Policy Anniversary, applied on a quarterly basis. You should consult with your registered representative to determine the percentage we are currently charging before you select this rider. We may set a lower charge at our sole discretion.

For policies applied for on and after May 1, 2016, the current charge is 0.25% annually (0.0625% per quarter).

For policies applied for before May 1, 2016, the charges are as follows:

 

Age of Oldest
Owner at

Policy Issue

   Annual
Charge
 

65 or younger

     0.30 % (0.075% per quarter) 

66 to 75 inclusive

     0.35 % (0.0875% per quarter) 

Finally, the value of the shares of each Fund reflects advisory fees, administration fees and other expenses deducted from the assets of each Fund. (See the Fund prospectuses which accompany this Prospectus.)

5. What are the minimum initial and maximum additional premium payments?

The minimum initial premium payment for Qualified Policies is as follows:

(a) for Code Section 403(b) Tax Sheltered Annuities (“TSAs”), a $2,000 single premium or $50 per month;

(b) for IRAs and Roth IRAs, a $2,000 single premium or a $1,200 initial premium payment plus pre-authorized monthly deductions of $100 per month;

(c) for deferred compensation plans, $50 per month;

(d) for SEP plans, $2,000 initial premium payment or $50 per month if part of a pre-authorized billing arrangement; and

(e) For SIMPLE IRAs, $2,000 initial premium payment or $50 per month if part of a pre-authorized billing arrangement.

For Qualified Policies you may not make premium payments in excess of the amount permitted by law for the plan indicated.

Unless we permit otherwise, the minimum initial premium payment is $5,000 (or $2,500 plus $100 per month from a pre-authorized billing arrangement) for Non-Qualified Policies. Additional non-scheduled premium payments must be at least $500 for Qualified Policies and Non-Qualified Policies, or such lower amount as we may permit at any time. Subsequent premium payments must be sent to NYLIAC at one of the addresses listed in Question 17 of this Prospectus. We may agree to other methods of payment. The maximum aggregate amount of premium payments we accept without prior approval is currently $1,000,000.

Acceptance of initial and subsequent premium payments is subject to our suitability standards.

6. How are premium payments allocated?

If in Good Order, we allocate the initial premium payment to the Allocation Options you have selected within two Business Days after receipt at the Cleveland or Dallas Service Center. Subsequent premium payments will be credited to your Policy at the close of the Business Day on which they were received by NYLIAC. (See “THE POLICIES—Policy Application and Premium Payments.”)

You may raise or lower the percentages (which must be in whole numbers) of the premium payment you place in each Allocation Option at the time you make a premium payment. The minimum amount which you may place in any one Investment Division or the Fixed Account is $25, or such lower amount as we may permit. The minimum amount which you may place in the DCA Advantage Account is $2,000. We reserve the right to limit the amount of a premium payment that may be placed in any one Allocation Option and/or the DCA Advantage Account and the number of Allocation Options and the DCA Advantage Account inclusively to which you may allocate your Accumulation Value. Acceptance of initial and subsequent premium payments is subject to our suitability standards.

7. What happens if premium payments are not made?

If we do not receive any premium payments for a period of two years, and the Accumulation Value of your policy

 

16


would provide Income Payments of less than $20 per month on the Annuity Commencement Date, we reserve the right to terminate your policy subject to applicable state laws. We will notify you of our intention to exercise this right and give you 90 days to make a premium payment. If we terminate your policy, we will pay you the Accumulation Value of your policy in one lump sum.

8. Can I withdraw money from the policy before the Annuity Commencement Date?

You may make withdrawals from your policy before the Annuity Commencement Date. Your withdrawal request must be in Good Order before we will process it. Under most circumstances, you may make a minimum partial withdrawal of $500. Withdrawals may be subject to a surrender charge. In addition, you may have to pay income tax and a 10% penalty tax may apply if you are under age 59 1/2. (See “DISTRIBUTIONS UNDER THE POLICY” and “FEDERAL TAX MATTERS.”) Please note that certain withdrawal requests must be made in writing and sent to NYLIAC’s Variable Products Service Center. (See “DISTRIBUTIONS UNDER THE POLICY—Surrenders and Withdrawals—Partial Withdrawals and Periodic Partial Withdrawals.”)

9. How will NYLIAC make Income Payments on the Annuity Commencement Date?

We will make Income Payments on a fixed basis. We do not currently offer a variable Income Payment option. We will make payments over the life of the Annuitant(s) with a guarantee of 10 years of payments, even if the Annuitant dies sooner. Income Payments will always be the same specified amount. (See “DISTRIBUTIONS UNDER THE POLICY—INCOME PAYMENTS.”) We may offer other options, at our discretion, where permitted by state law.

10. What happens if I die before the Annuity Commencement Date?

Unless amended by any rider attached to the policy, if you die before the Annuity Commencement Date, we will pay the Beneficiary(ies) under the policy an amount equal to the greatest of:

 

  (a) the Accumulation Value as of the day we receive a claim form in Good Order, or

 

  (b) the Return of Premium Death Benefit, or

 

  (c)

the Accumulation Value on the 9th Policy Anniversary plus any other premium payments made since that Policy Anniversary, reduced proportionally by any amounts withdrawn from the policy since that Policy Anniversary

If the Beneficiary is the spouse (as defined under Federal law) of the Owner, see Question 11. (Also see “DEATH BEFORE ANNUITY COMMENCEMENT” and “FEDERAL TAX MATTERS.”)

11. What happens if my spouse is the Beneficiary?

If you are the Owner and you die before the Annuity Commencement Date, your spouse (as defined under Federal law) may continue the policy as the new Owner if he/she is also the sole primary Beneficiary of the policy (for Non-Qualified, IRA, Roth IRA, SIMPLE IRA and SEP policies only; TSA policies are excluded). If you are also the Annuitant, your spouse will become the new Annuitant. If your spouse chooses to continue the policy, we will not pay the death benefit proceeds as a consequence of your death.

12. Can I return the policy after it is delivered?

You can cancel the policy within 10 days of delivery of the policy or such longer period as required under state law. To cancel your policy, you must return it to VPSC at one of the addresses listed in Question 15 of this Prospectus or to the registered representative through whom you purchased it, along with a written request for cancellation. Except where you are entitled by law to receive the total of premium payments less any prior partial withdrawals, we will promptly return the Accumulation Value, less any e-delivery credit (see “THE POLICIES – Electronic Delivery”), calculated as of the Business Day that either the registered representative through whom you purchased the policy or VPSC receives the policy along with the written request for cancellation in Good Order, but without any deduction for premium taxes or a surrender charge. We will set forth this provision in your policy. (See “THE POLICIES—Your Right to Cancel (“Free Look”).”)

13. What about voting rights?

You can instruct NYLIAC how to vote shares of the Funds in which you have a voting interest through the Separate Account. (See “VOTING RIGHTS.”)

 

17


14. Are policy loans available?

If you have purchased an Accumulation Value based M&E Charge policy in connection with a Code Section 403(b) Tax-Sheltered Annuity (“TSA”) plan, you may be able to borrow some of your Accumulation Value subject to certain conditions. You may not borrow any portion of your Accumulation Value if you have purchased a Premium based M&E Charge policy in connection with a TSA plan. (See “LOANS.”)

15. Where do I send written service requests to the NYLIAC Variable Products Service Center?

Certain service requests, including but not limited to death benefit claims and surrenders, are required to be in writing. All written service requests must be sent to the NYLIAC Variable Products Service Center (“VPSC”) at one of the following addresses:

 

Regular Mail

  

  NYLIAC Variable Products Service Center

  Madison Square Station

  P.O. Box 922

  New York, NY 10159

Express Mail

  

  NYLIAC Variable Products Service Center

  51 Madison Avenue

  Room 251

  New York, NY 10010

Death Claim forms may

also be submitted to

  

  New York Life

  P.O. Box 130539

  Dallas, TX 75313-0539

Written service requests will be effective as of the Business Day they are received in Good Order at VPSC at one of the addresses listed immediately above.

Faxed or e-mailed requests are not acceptable and will not be honored at any time. All NYLIAC requirements must be met in order for us to process your service requests. Please review all service request forms carefully and provide all required information that is applicable to the transaction. If your request is not in Good Order, we will not be able to process it. We will make every reasonable attempt to notify you in writing of this situation. It is important that you inform NYLIAC of an address change so that you can receive important policy statements.

16. How do I contact NYLIAC by Telephone or by the Internet?

a. By Telephone:

Certain service requests, including but not limited to obtaining current unit values and speaking to a customer representative, may be made by telephone. For telephonic requests, you must contact the NYLIAC Interactive Voice Response System (“IVR”) toll-free by calling: (800) 598-2019. (See “THE POLICIES — Virtual Service Center and Interactive Voice Response System.”)

b. By Internet:

Certain service requests, including but not limited to transferring assets between investment options and e-mailing your registered representative, may be made via the Internet. For Internet-based requests, you must contact the NYLIAC Virtual Service Center (“VSC”) at www.newyorklife.com/vsc and enter your user name and password. (See “THE POLICIES — Virtual Service Center and Interactive Voice Response System.”)

We make IVR and VSC services available at our discretion. In addition, availability of IVR and VSC services may be interrupted temporarily at certain times. We do not assume responsibility for any loss if service through IVR or VSC should become unavailable. We will not accept e-mailed requests for policy transactions or e-mails of imaged, signed service requests. E-mail inquiries that are non-transactional may be sent through the VSC once they have passed all security protocols to identify the policyowner.

You may authorize us to accept electronic instructions from a registered representative or the registered service assistant assigned to your policy in order to make premium allocations, transfers, partial withdrawals and changes to your investment objective and/or risk tolerance. You may also authorize your registered representative or registered

 

18


service assistant to revise your Automatic Asset Rebalancing (AAR) arrangement. Your AAR will be cancelled if a premium allocation change or transfer is submitted on your behalf that is inconsistent with your current AAR arrangements. You may prevent this cancellation if a conforming AAR change is processed within one Business Day of the inconsistent premium allocation change or transfer.

To authorize the registered representative(s) or registered service assistants assigned to your policy to make premium allocations and transfers, you must send a completed Variable Product Electronic Trading Authorization Form to VPSC at one of the addresses listed in Question 15 of this Prospectus. We may revoke or deny Trading Authorization privileges for certain policyowners (See “Limits on Transfers”). Trading Authorization may be elected, changed or cancelled at any time. We will confirm all transactions in writing. Not all transactions are available on the Internet.

NYLIAC is not liable for any loss, cost or expense for action on instructions which are believed to be genuine in accordance with these procedures. As these parties act on your behalf, you are responsible for and bear the consequences of their instructions and other actions, including any limits on transfers. Transfer requests received after the close of regular trading on the New York Stock Exchange, generally 4:00 p.m. Eastern Time or received on a non-Business Day, will be priced as of the next Business Day.

17. Where do I send subsequent premium payments and loan repayments?

Subsequent premium payments and loan repayments must be sent to one of the following addresses:

 

Regular Mail

  

  NYLIAC

  75 Remittance Drive

  Suite 3021

  Chicago, IL 60675-3021

Express Mail

  

  NYLIAC, Suite 3021

  c/o The Northern Trust Bank

  350 North Orleans Street

  Receipt & Dispatch, 8th Floor

  Chicago, IL 60654

If in Good Order, subsequent premium payments and loan repayments will be credited at the close of the Business Day on which they are received at one of the addresses noted in this Question 17. Please note that initial premium payments are those made in connection with the issuance of a policy and are processed in accordance with our procedures. (See “THE POLICIES — Policy Application and Premium Payments.”)

Acceptance of subsequent premium payments is subject to our suitability standards.

 

19


FINANCIAL STATEMENTS

The consolidated balance sheet of NYLIAC as of December 31, 2015 and 2014, and the consolidated statements of income, of stockholder’s equity and of cash flows for each of the three years in the period ended December 31, 2015 (including the report of the independent registered public accounting firm) and each Separate Account’s statement of assets and liabilities as of December 31, 2015, and the statements of operations and of changes in net assets and the financial highlights for each of the periods indicated in the Financial Statements (including the report of the independent registered public accounting firm) are included in the SAI. The independent registered public accounting firm is PricewaterhouseCoopers LLP.

 

20


CONDENSED FINANCIAL INFORMATION

The following Accumulation Unit values and the number of Accumulation Units outstanding for each Investment Division for each fiscal year ended December 31 presented below are derived from the financial statements audited by PricewaterhouseCoopers LLP, independent registered public accounting firm. The policies were first offered on May 1, 2015. Therefore, values and units shown for 2015 are for the period from May 1, 2015 to December 31, 2015. You should read this information in conjunction with the Separate Account’s audited financial statements and related notes that are included in the Statement of Additional Information.

For Accumulation Value based M&E Charge policies:

 

     Accumulation unit value         
     Beginning
of period
     End of
period
     Number of
accumulation
units
 

(Accumulation unit value in dollars and number of accumulation units in thousands)

        

MainStay VP Absolute Return Multi-Strategy – Service Class

        

2016

     8.92         0         0   

2015

     10.00         8.92         31   
  

 

 

    

 

 

    

 

 

 

MainStay VP Balanced – Service Class

        

2016

     9.53         0         0   

2015

     10.00         9.53         13   
  

 

 

    

 

 

    

 

 

 

MainStay VP Bond – Service Class

        

2016

     9.82         0         0   

2015

     10.00         9.82         3   
  

 

 

    

 

 

    

 

 

 

MainStay VP Common Stock – Service Class

        

2016

     9.69         0         0   

2015

     10.00         9.69         9   
  

 

 

    

 

 

    

 

 

 

MainStay VP Conservative Allocation – Service Class

        

2016

     9.50         0         0   

2015

     10.00         9.50         65   
  

 

 

    

 

 

    

 

 

 

MainStay VP Convertible – Service Class

        

2016

     9.35         0         0   

2015

     10.00         9.35         15   
  

 

 

    

 

 

    

 

 

 

MainStay VP Cornerstone Growth – Service Class

        

2016

     9.73         0         0   

2015

     10.00         9.73         1   
  

 

 

    

 

 

    

 

 

 

MainStay VP Cushing® Renaissance Advantage – Service Class

        

2016

     7.44         0         0   

2015

     10.00         7.44         4   
  

 

 

    

 

 

    

 

 

 

MainStay VP Eagle Small Cap Growth – Service Class

        

2016

     9.58         0         0   

2015

     10.00         9.58         8   
  

 

 

    

 

 

    

 

 

 

MainStay VP Emerging Markets Equity – Service Class

        

2016

     7.73         0         0   

2015

     10.00         7.73         5   
  

 

 

    

 

 

    

 

 

 

MainStay VP Epoch U.S. Equity Yield – Service Class

        

2016

     9.28         0         0   

2015

     10.00         9.28         21   
  

 

 

    

 

 

    

 

 

 

MainStay VP Epoch U.S. Small Cap – Service Class

        

2016

     9.38         0         0   

2015

     10.00         9.38         5   
  

 

 

    

 

 

    

 

 

 

MainStay VP Floating Rate – Service Class

        

2016

     9.65         0         0   

2015

     10.00         9.65         177   
  

 

 

    

 

 

    

 

 

 

MainStay VP Government – Service Class

        

2016

     9.85         0         0   

2015

     10.00         9.85           
  

 

 

    

 

 

    

 

 

 

MainStay VP Growth Allocation – Service Class

        

2016

     9.17         0         0   

2015

     10.00         9.17         91   
  

 

 

    

 

 

    

 

 

 

MainStay VP High Yield Corporate Bond – Service Class

        

2016

     9.36         0         0   

2015

     10.00         9.36         71   
  

 

 

    

 

 

    

 

 

 

MainStay VP Income Builder – Service Class

        

2016

     9.26         0         0   

 

21


     Accumulation unit value         
     Beginning
of period
     End of
period
     Number of
accumulation
units
 

2015

     10.00         9.26         15   
  

 

 

    

 

 

    

 

 

 

MainStay VP International Equity – Service Class

        

2016

     9.74         0         0   

2015

     10.00         9.74         5   
  

 

 

    

 

 

    

 

 

 

MainStay VP Janus Balanced – Service Class

        

2016

     9.71         0         0   

2015

     10.00         9.71         18   
  

 

 

    

 

 

    

 

 

 

MainStay VP Large Cap Growth – Service Class

        

2016

     10.14         0         0   

2015

     10.00         10.14         15   
  

 

 

    

 

 

    

 

 

 

MainStay VP MFS® Utilities – Service Class

        

2016

     8.21         0         0   

2015

     10.00         8.21         71   
  

 

 

    

 

 

    

 

 

 

MainStay VP Mid Cap Core – Service Class

        

2016

     9.24         0         0   

2015

     10.00         9.24         31   
  

 

 

    

 

 

    

 

 

 

MainStay VP Moderate Allocation – Service Class

        

2016

     9.42         0         0   

2015

     10.00         9.42         56   
  

 

 

    

 

 

    

 

 

 

MainStay VP Moderate Growth Allocation – Service Class

        

2016

     9.29         0         0   

2015

     10.00         9.29         114   
  

 

 

    

 

 

    

 

 

 

MainStay VP PIMCO Real Return – Service Class

        

2016

     9.46         0         0   

2015

     10.00         9.46         3   
  

 

 

    

 

 

    

 

 

 

MainStay VP S&P 500 Index – Service Class

        

2016

     9.72         0         0   

2015

     10.00         9.72         20   
  

 

 

    

 

 

    

 

 

 

MainStay VP Small Cap Core – Service Class

        

2016(a)

     10.00         0         0   
  

 

 

    

 

 

    

 

 

 

MainStay VP T. Rowe Price Equity Income – Service Class

        

2016

     9.10         0         0   

2015

     10.00         9.10         8   
  

 

 

    

 

 

    

 

 

 

MainStay VP U.S. Government Money Market – Initial Class

        

2016

     9.91         0         0   

2015

     10.00         9.91         11   
  

 

 

    

 

 

    

 

 

 

MainStay VP Unconstrained Bond – Service Class

        

2016

     9.47         0         0   

2015

     10.00         9.47         66   
  

 

 

    

 

 

    

 

 

 

MainStay VP VanEck Global Hard Assets – Initial Class

        

2016

     6.02         0         0   

2015

     10.00         6.02         6   
  

 

 

    

 

 

    

 

 

 

American Funds IS® Global Small Capitalization FundSM – Class 4

        

2016

     9.21         0         0   

2015

     10.00         9.21         3   
  

 

 

    

 

 

    

 

 

 

American Funds IS® New World Fund® – Class 4

        

2016

     9.05         0         0   

2015

     10.00         9.05         16   
  

 

 

    

 

 

    

 

 

 

BlackRock® Global Allocation V.I. Fund – Class III

        

2016

     9.35         0         0   

2015

     10.00         9.35         13   
  

 

 

    

 

 

    

 

 

 

BlackRock® High Yield V.I. Fund – Class III

        

2016

     9.22         0         0   

2015

     10.00         9.22         9   
  

 

 

    

 

 

    

 

 

 

Columbia Variable Portfolio – Commodity Strategy Fund – Class 2

        

2016

     7.54         0         0   

2015

     10.00         7.54         2   
  

 

 

    

 

 

    

 

 

 

Columbia Variable Portfolio – Emerging Markets Bond Fund – Class 2

        

2016

     9.42         0         0   

2015

     10.00         9.42           
  

 

 

    

 

 

    

 

 

 

Columbia Variable Portfolio – Small Cap Value Fund – Class 2

        

2016

     9.13         0         0   

2015

     10.00         9.13         9   
  

 

 

    

 

 

    

 

 

 

Deutsche Alternative Asset Allocation VIP – Class B

        

2016(a)

     10.00         0         0   
  

 

 

    

 

 

    

 

 

 

 

22


     Accumulation unit value         
     Beginning
of period
     End of
period
     Number of
accumulation
units
 

Dreyfus IP Technology Growth Portfolio – Service Shares

        

2016

     9.99         0         0   

2015

     10.00         9.99         8   
  

 

 

    

 

 

    

 

 

 

Fidelity® VIP Contrafund® Portfolio – Service Class 2

        

2016

     9.58         0         0   

2015

     10.00         9.58         87   
  

 

 

    

 

 

    

 

 

 

Fidelity® VIP Equity-Income Portfolio – Service Class 2

        

2016

     9.22         0         0   

2015

     10.00         9.22         8   
  

 

 

    

 

 

    

 

 

 

Fidelity® VIP Growth Opportunities Portfolio – Service Class 2

        

2016

     9.94         0         0   

2015

     10.00         9.94         6   
  

 

 

    

 

 

    

 

 

 

Fidelity® VIP Mid Cap Portfolio – Service Class 2

        

2016

     9.31         0         0   

2015

     10.00         9.31         15   
  

 

 

    

 

 

    

 

 

 

Invesco V.I. American Value Fund – Series II Shares

        

2016

     8.66         0         0   

2015

     10.00         8.66         10   
  

 

 

    

 

 

    

 

 

 

Invesco V.I. International Growth Fund – Series II Shares

        

2016

     8.94         0         0   

2015

     10.00         8.94         21   
  

 

 

    

 

 

    

 

 

 

Janus Aspen Global Research Portfolio – Service Shares

        

2016

     8.99         0         0   

2015

     10.00         8.99         7   
  

 

 

    

 

 

    

 

 

 

MFS® Investors Trust Series – Service Class

        

2016

     9.67         0         0   

2015

     10.00         9.67         14   
  

 

 

    

 

 

    

 

 

 

MFS® Research Series – Service Class

        

2016

     9.66         0         0   

2015

     10.00         9.66         2   
  

 

 

    

 

 

    

 

 

 

Morgan Stanley VIF U.S. Real Estate Portfolio – Class II

        

2016

     10.14         0         0   

2015

     10.00         10.14         9   
  

 

 

    

 

 

    

 

 

 

Neuberger Berman AMT Mid Cap Growth Portfolio – Class S

        

2016

     9.35         0         0   

2015

     10.00         9.35         16   
  

 

 

    

 

 

    

 

 

 

PIMCO VIT Foreign Bond Portfolio (U.S. Dollar-Hedged) – Advisor Class

        

2016

     9.81         0         0   

2015

     10.00         9.81         38   
  

 

 

    

 

 

    

 

 

 

PIMCO VIT Low Duration Portfolio – Advisor Class

        

2016(a)

     10.00         0         0   
  

 

 

    

 

 

    

 

 

 

PIMCO VIT Total Return Portfolio – Advisor Class

        

2016

     9.81         0         0   

2015

     10.00         9.81         36   
  

 

 

    

 

 

    

 

 

 

Victory VIF Diversified Stock Fund – Class A Shares

        

2016

     9.61         0         0   

2015

     10.00         9.61           

 

(a) For the Period May 1, 2016 (commencement of operations in the Separate Account) through December 31, 2016.

 

23


For Premium based M&E Charge Policies:

 

     Accumulation unit value         
     Beginning
of period
     End of
period
     Number of
accumulation
units
 
(Accumulation unit value in dollars and number of accumulation units in thousands)                     

MainStay VP Absolute Return Multi-Strategy – Service Class

        

2016

     9.00         0         0   

2015

     10.00         9.00         100   
  

 

 

    

 

 

    

 

 

 

MainStay VP Balanced – Service Class

        

2016

     9.62         0         0   

2015

     10.00         9.62         44   
  

 

 

    

 

 

    

 

 

 

MainStay VP Bond – Service Class

        

2016

     9.91         0         0   

2015

     10.00         9.91         10   
  

 

 

    

 

 

    

 

 

 

MainStay VP Common Stock – Service Class

        

2016

     9.78         0         0   

2015

     10.00         9.78         12   
  

 

 

    

 

 

    

 

 

 

MainStay VP Conservative Allocation – Service Class

        

2016

     9.58         0         0   

2015

     10.00         9.58         36   
  

 

 

    

 

 

    

 

 

 

MainStay VP Convertible – Service Class

        

2016

     9.43         0         0   

2015

     10.00         9.43         47   
  

 

 

    

 

 

    

 

 

 

MainStay VP Cornerstone Growth – Service Class

        

2016

     9.82         0         0   

2015

     10.00         9.82         6   
  

 

 

    

 

 

    

 

 

 

MainStay VP Cushing® Renaissance Advantage – Service Class

        

2016

     7.51         0         0   

2015

     10.00         7.51         6   
  

 

 

    

 

 

    

 

 

 

MainStay VP Eagle Small Cap Growth – Service Class

        

2016

     9.66         0         0   

2015

     10.00         9.66         15   
  

 

 

    

 

 

    

 

 

 

MainStay VP Emerging Markets Equity – Service Class

        

2016

     7.80         0         0   

2015

     10.00         7.80         13   
  

 

 

    

 

 

    

 

 

 

MainStay VP Epoch U.S. Equity Yield – Service Class

        

2016

     9.37         0         0   

2015

     10.00         9.37         21   
  

 

 

    

 

 

    

 

 

 

MainStay VP Epoch U.S. Small Cap – Service Class

        

2016

     9.47         0         0   

2015

     10.00         9.47         17   
  

 

 

    

 

 

    

 

 

 

MainStay VP Floating Rate – Service Class

        

2016

     9.73         0         0   

2015

     10.00         9.73         6   
  

 

 

    

 

 

    

 

 

 

MainStay VP Government – Service Class

        

2016

     9.94         0         0   

2015

     10.00         9.94         2   
  

 

 

    

 

 

    

 

 

 

MainStay VP Growth Allocation – Service Class

        

2016

     9.26         0         0   

2015

     10.00         9.26         311   
  

 

 

    

 

 

    

 

 

 

MainStay VP High Yield Corporate Bond – Service Class

        

2016

     9.44         0         0   

2015

     10.00         9.44         176   
  

 

 

    

 

 

    

 

 

 

MainStay VP Income Builder – Service Class

        

2016

     9.35         0         0   

2015

     10.00         9.35         27   
  

 

 

    

 

 

    

 

 

 

MainStay VP International Equity – Service Class

        

2016

     9.83         0         0   

2015

     10.00         9.83         33   
  

 

 

    

 

 

    

 

 

 

MainStay VP Janus Balanced – Service Class

        

2016

     9.80         0         0   

2015

     10.00         9.80         50   
  

 

 

    

 

 

    

 

 

 

MainStay VP Large Cap Growth – Service Class

        

2016

     10.23         0         0   

2015

     10.00         10.23         58   

 

24


MainStay VP MFS® Utilities – Service Class

        

2016

     8.29         0         0   

2015

     10.00         8.29         136   
  

 

 

    

 

 

    

 

 

 

MainStay VP Mid Cap Core – Service Class

        

2016

     9.32         0         0   

2015

     10.00         9.32         54   
  

 

 

    

 

 

    

 

 

 

MainStay VP Moderate Allocation – Service Class

        

2016

     9.51         0         0   

2015

     10.00         9.51         105   
  

 

 

    

 

 

    

 

 

 

MainStay VP Moderate Growth Allocation – Service Class

        

2016

     9.37         0         0   

2015

     10.00         9.37         249   
  

 

 

    

 

 

    

 

 

 

MainStay VP PIMCO Real Return – Service Class

        

2016

     9.55         0         0   

2015

     10.00         9.55         4   
  

 

 

    

 

 

    

 

 

 

MainStay VP S&P 500 Index – Service Class

        

2016

     9.80         0         0   

2015

     10.00         9.80         100   
  

 

 

    

 

 

    

 

 

 

MainStay VP Small Cap Core – Service Class

        

2016(a)

     10.00         0         0   
  

 

 

    

 

 

    

 

 

 

MainStay VP T. Rowe Price Equity Income – Service Class

        

2016

     9.18         0         0   

2015

     10.00         9.18         19   
  

 

 

    

 

 

    

 

 

 

MainStay VP U.S. Government Money Market – Initial Class

        

2016

     10.00         0         0   

2015

     10.00         10.00         21   
  

 

 

    

 

 

    

 

 

 

MainStay VP Unconstrained Bond – Service Class

        

2016

     9.55         0         0   

2015

     10.00         9.55         215   
  

 

 

    

 

 

    

 

 

 

MainStay VP VanEck Global Hard Assets – Initial Class

        

2016

     6.07         0         0   

2015

     10.00         6.07         40   
  

 

 

    

 

 

    

 

 

 

American Funds IS® Global Small Capitalization FundSM – Class 4

        

2016

     9.29         0         0   

2015

     10.00         9.29         7   
  

 

 

    

 

 

    

 

 

 

American Funds IS® New World Fund® – Class 4

        

2016

     9.13         0         0   

2015

     10.00         9.13         71   
  

 

 

    

 

 

    

 

 

 

BlackRock® Global Allocation V.I. Fund – Class III

        

2016

     9.43         0         0   

2015

     10.00         9.43         23   
  

 

 

    

 

 

    

 

 

 

BlackRock® High Yield V.I. Fund – Class III

        

2016

     9.30         0         0   

2015

     10.00         9.30         29   
  

 

 

    

 

 

    

 

 

 

Columbia Variable Portfolio – Commodity Strategy Fund – Class 2

        

2016

     7.61         0         0   

2015

     10.00         7.61         7   
  

 

 

    

 

 

    

 

 

 

Columbia Variable Portfolio – Emerging Markets Bond Fund – Class 2

        

2016

     9.50         0         0   

2015

     10.00         9.50         1   
  

 

 

    

 

 

    

 

 

 

Columbia Variable Portfolio – Small Cap Value Fund – Class 2

        

2016

     9.22         0         0   

2015

     10.00         9.22         15   
  

 

 

    

 

 

    

 

 

 

Deutsche Alternative Asset Allocation VIP – Class B

        

2016(a)

     10.00         0         0   
  

 

 

    

 

 

    

 

 

 

Dreyfus IP Technology Growth Portfolio – Service Shares

        

2016

     10.08         0         0   

2015

     10.00         10.08         37   
  

 

 

    

 

 

    

 

 

 

Fidelity® VIP Contrafund® Portfolio – Service Class 2

        

2016

     9.67         0         0   

2015

     10.00         9.67         255   
  

 

 

    

 

 

    

 

 

 

Fidelity® VIP Equity-Income Portfolio – Service Class 2

        

2016

     9.31         0         0   

2015

     10.00         9.31         21   
  

 

 

    

 

 

    

 

 

 

Fidelity® VIP Growth Opportunities Portfolio – Service Class 2

        

2016

     10.03         0         0   

2015

     10.00         10.03         14   
  

 

 

    

 

 

    

 

 

 

Fidelity® VIP Mid Cap Portfolio – Service Class 2

        

2016

     9.39         0         0   

 

25


2015

     10.00         9.39         27   
  

 

 

    

 

 

    

 

 

 

Invesco V.I. American Value Fund – Series II Shares

        

2016

     8.74         0         0   

2015

     10.00         8.74         23   
  

 

 

    

 

 

    

 

 

 

Invesco V.I. International Growth Fund – Series II Shares

        

2016

     9.03         0         0   

2015

     10.00         9.03         62   
  

 

 

    

 

 

    

 

 

 

Janus Aspen Global Research Portfolio – Service Shares

        

2016

     9.07         0         0   

2015

     10.00         9.07         22   
  

 

 

    

 

 

    

 

 

 

MFS® Investors Trust Series – Service Class

        

2016

     9.76         0         0   

2015

     10.00         9.76         52   
  

 

 

    

 

 

    

 

 

 

MFS® Research Series – Service Class

        

2016

     9.75         0         0   

2015

     10.00         9.75         3   
  

 

 

    

 

 

    

 

 

 

Morgan Stanley VIF U.S. Real Estate Portfolio – Class II

        

2016

     10.23         0         0   

2015

     10.00         10.23         36   
  

 

 

    

 

 

    

 

 

 

Neuberger Berman AMT Mid Cap Growth Portfolio – Class S

        

2016

     9.43         0         0   

2015

     10.00         9.43         107   
  

 

 

    

 

 

    

 

 

 

PIMCO VIT Foreign Bond Portfolio (U.S. Dollar-Hedged) – Advisor Class

        

2016

     9.90         0         0   

2015

     10.00         9.90         110   
  

 

 

    

 

 

    

 

 

 

PIMCO VIT Low Duration Portfolio – Advisor Class

        

2016(a)

     10.00         0         0   
  

 

 

    

 

 

    

 

 

 

PIMCO VIT Total Return Portfolio – Advisor Class

        

2016

     9.90         0         0   

2015

     10.00         9.90         96   
  

 

 

    

 

 

    

 

 

 

Victory VIF Diversified Stock Fund – Class A Shares

        

2016

     9.70         0         0   

2015

     10.00         9.70         1   
  

 

 

    

 

 

    

 

 

 

 

(a) For the Period May 1, 2016 (commencement of operations in the Separate Account) through December 31, 2016.

 

26


NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION

AND THE SEPARATE ACCOUNT

New York Life Insurance and Annuity Corporation

New York Life Insurance and Annuity Corporation (“NYLIAC”) is a stock life insurance company incorporated in Delaware in 1980. NYLIAC is licensed to sell life, accident and health insurance and annuities in the District of Columbia and all states. In addition to the policies described in this Prospectus, NYLIAC offers life insurance policies and other annuities.

NYLIAC is a wholly-owned subsidiary of New York Life Insurance Company, a mutual life insurance company doing business in New York since 1845. NYLIAC held assets of $143.1billion at the end of 2016. New York Life Insurance Company has invested in NYLIAC, and will occasionally make additional contributions to NYLIAC in order to maintain capital and surplus in accordance with state requirements. The obligations under the policies are obligations of NYLIAC.

The Separate Account

Separate Account-III was established on November 30, 1994 and Separate Account-IV was established on June 10, 2003, pursuant to resolutions of the NYLIAC Board of Directors. The Separate Accounts are registered as unit investment trusts with the Securities and Exchange Commission under the Investment Company Act of 1940. This registration does not signify that the Securities and Exchange Commission supervises the management, or the investment practices or policies, of the Separate Accounts.

Although the assets of the Separate Accounts belong to NYLIAC, these assets are held separately from our other assets. The Separate Accounts’ assets are not chargeable with liabilities incurred in any of NYLIAC’s other business operations (except to the extent that assets in the Separate Accounts exceed the reserves and other liabilities of that Separate Account). The income, capital gains and capital losses incurred on the assets of the Separate Accounts are credited to or charged against the assets of the Separate Accounts without regard to the income, capital gains or capital losses arising out of any other business NYLIAC may conduct. Therefore, the investment performance of the Separate Accounts is entirely independent of the investment performance of the Fixed Account, the DCA Advantage Account and any other separate account of NYLIAC.

Separate Account-III currently has 82 Investment Divisions, some of which may not be available under your policy. Separate Account IV has 59 Investment Divisions, some of which may not be available under your policy. Premium payments allocated to the Investment Divisions are invested solely in the corresponding Eligible Portfolios of the relevant Fund.

The Portfolios

The assets of each Eligible Portfolio are separate from the others and each such Portfolio has different investment objectives and policies. As a result, each Eligible Portfolio operates as a separate investment fund and the investment performance of one Portfolio has no effect on the investment performance of any other Portfolio. You can make or lose money in any of the Investment Divisions. Portfolios described in this Prospectus are different from portfolios that may have similar names but are available directly to the general public. The funds available directly to the general public may have the same adviser, same name, same investment objectives and policies, and substantially similar portfolio securities, but the investment performance may not be the same.

We offer no assurance that any of the Eligible Portfolios will attain their respective stated objectives.

The Funds also make their shares available to certain other separate accounts funding variable life insurance policies offered by NYLIAC. This is called “mixed funding.” The Funds also may make their shares available to separate accounts of insurance companies unaffiliated with NYLIAC. This is called “shared funding.” Although we do not anticipate any inherent difficulties arising from mixed and shared funding, it is theoretically possible that, due to differences in tax treatment or other considerations, the interests of owners of various policies participating in a certain Fund might at some time be in conflict. The Board of Directors/Trustees of each Fund, each Fund’s investment advisers, and NYLIAC are required to monitor events to identify any material conflicts that arise from the use of the Funds for mixed and shared funding. For more information about the risks of mixed and shared funding, please refer to the relevant Fund prospectus.

The Funds and Eligible Portfolios offered through this product are selected by NYLIAC based on several criteria, including asset class coverage, the strength of the manager’s reputation and tenure, brand recognition, performance, and the capability and qualification of each sponsoring investment firm. An affiliate of NYLIAC manages the Mainstay VP Funds Trust and that was a factor in its selection. Another factor that NYLIAC considers during the selection process is

 

27


whether the Fund or Eligible Portfolio or an affiliate of the Fund will compensate NYLIAC for providing administrative, marketing, and support services that would otherwise be provided by the Fund, the Fund’s investment adviser, or its distributor.

We receive payments or compensation from the Funds or their investment advisers, or from other service providers of the Funds (who may be affiliates of NYLIAC) in connection with administration, distribution, and other services we provide with respect to the Eligible Portfolios and their availability through the policies. These payments may be derived, in whole or in part, from the advisory fee charged by the Fund and deducted from Fund assets and/or from “Rule 12b-1” fees charged by the Fund and deducted from Fund assets. These payments are also a factor in our selection of Funds and Eligible Portfolios. NYLIAC may use these payments for any corporate purpose, including payment of expenses that NYLIAC and/or its affiliates incur in promoting, marketing, and administering the policies, and in its role as an intermediary of the Funds. Policyowners, through their indirect investment in the Funds, bear the costs of these advisory and 12b-1 fees.

The amounts we receive may be substantial, may vary by Eligible Portfolio, and may depend on how much policy value is invested in the particular Eligible Portfolio or Fund. NYLIAC and its affiliates may profit from these payments. Currently, we receive payments or revenue under various arrangements in amounts ranging from 0.15% to 0.35% annually of the aggregate net asset value of the shares of some of the Eligible Portfolios held by the Investment Divisions. We also receive compensation under various distribution services arrangements in amounts ranging from 0.05% to 0.25% annually of the aggregate net asset value of the shares of some of the Eligible Portfolios held by the Investment Divisions. The compensation that your registered representative receives remains the same regardless of which Investment Divisions you choose or the particular arrangements applicable to those Investment Divisions.

Asset Allocation Models

The Asset Allocation Models are available at no extra charge. You can select only one Asset Allocation Model at a time.

Each Asset Allocation Model specifies percentage allocations among various Investment Divisions available through your policy. If you wish to allocate your Accumulation Value to an Asset Allocation Model, you may do so by notifying us in writing at one of the addresses listed in Question 15 of this Prospectus.

The Asset Allocation Models are static, but gains and/or losses from the Funds in a model will cause the model’s original percentages to shift. However, amounts allocated to a model will be rebalanced to reflect the model’s original percentages using the policy’s Automatic Asset Rebalancing (“AAR”) feature, unless you opted not to have AAR applied to your policy. (See “THE POLICIES—Automatic Asset Rebalancing” for more information.)

The available Asset Allocation Models may change from time to time. We may create new Asset Allocation Models with asset allocations or Investment Divisions that vary from those of existing Asset Allocation Models. We will provide written notice if we offer new Asset Allocation Models, if there is a material change in our arrangement with NYLIM regarding the Asset Allocation Model program, or if we terminate our Asset Allocation Model program. We will not reallocate your Accumulation Value, or change your premium allocation instructions, in response to these changes. However, the Investment Divisions and allocation percentages for your model could change due to events such as mergers, substitutions, liquidations or closures. We will notify you in writing of any such events.

You can get information about new or updated Asset Allocation Models, or about Asset Allocation Models that are no longer available for new investment, by contacting your registered representative. You should consult your registered representative periodically to consider whether any model you have selected is still appropriate for you. If you wish to remove funds from your current Asset Allocation Model and/or allocate funds to a 2016 Asset Allocation Model, you may do so by notifying us in writing at one of the addresses listed in Question 15 of this Prospectus.

The 2016 Asset Allocation Models are available to all policyholders. Any previously offered Asset Allocation Models are available only to those policyholders who allocated to those Asset Allocation Models when they were offered. You can select only one Asset Allocation Model at a time. If you transfer out of an Asset Allocation Model that is no longer offered, you will not be able to transfer back into that Asset Allocation Model. Transfers into or out of an Asset Allocation Model count as one transfer and are subject to the conditions and restrictions listed in “THE POLICIES”.

You may change your allocation to a particular Asset Allocation Model at any time and reallocate your Accumulation Value to other Investment Divisions or another available Asset Allocation Model. For example, if you have allocated to an Asset Allocation Model and you later decide you prefer different percentage allocations among the Investment Divisions in the Asset Allocation Model than those specified by the Model, you will need to transfer out of that Asset Allocation Model

 

28


and allocate your Accumulation Value to those Investment Divisions in the percentages you want. (See “THE POLICIES – Transfers”.) If you then want your Accumulation Value to remain at the new percentages you selected, you should ensure that the AAR feature is in effect and accurately reflects your choice of investment percentages for each Investment Division. (See “THE POLICIES – Automatic Asset Rebalancing”.) You may also have amounts held in the DCA Advantage Account or under the Interest Sweep option allocated to an Asset Allocation Model.

We have no discretionary authority or control over your investment decisions. The Asset Allocation Models are comprised of then available Investment Divisions and do not include the Fixed Account. We make available educational information and materials (e.g., risk tolerance questionnaire and Fund prospectuses) that can help you select an Asset Allocation Model, but we do not recommend any particular Asset Allocation Model or otherwise provide advice as to what Asset Allocation Model may be appropriate for you. Consequently, you are responsible for your decision to allocate your Accumulation Value to an Asset Allocation Model, and to select the Asset Allocation Model that is best for you.

Asset allocation does not guarantee that your Accumulation Value will increase or protect against losses in a declining market. Tools used to assess your risk tolerance, such as the Client Profile, may not be accurate and could be less effective if your circumstances change over time. We reserve the right to terminate or change the asset allocation program at any time. As noted above, if the program is terminated or changed, we will not reallocate your Accumulation Value. If you want to reallocate your Accumulation Value, you will need to send us a transfer request to one of the addresses in Question 15, by telephone, or through the VSC. (See “THE POLICIES – Transfers”.)

An Asset Allocation Model may not perform as intended. Therefore, it may not achieve its investment objective or reduce volatility. When considering an Asset Allocation Model for your situation, you should consider your other assets, income and investments in addition to this policy. An Asset Allocation Model may perform better or worse than any single investment option or any other combination of investment options. In addition, the timing of your investment and any rebalancing may affect performance.

Because returns from each Investment Division in the Asset Allocation Models will vary, over time the percentage of your policy’s Accumulation Value that is allocated to each Investment Division in the Asset Allocation Model you select may not remain at the initial percentages. AAR will keep your Accumulation Value at these initial percentages and in line with your current investment objective. (See “THE POLICIES – Automatic Asset Rebalancing”.) Note that unless you instruct us otherwise in the application or in a subsequent notice, AAR will automatically be applied to your policy.

Rebalancing or periodic updating of Asset Allocation Models can cause the Eligible Portfolios underlying in the Investment Divisions that make up a model to need to raise cash for money flowing out of the Funds or vice versa. In order to raise cash, those Funds may need to sell assets at prices lower than otherwise expected, which can hurt Fund share prices. Moreover, large outflows of money from the Funds may increase the expenses attributable to the assets remaining in the Funds. These transactions and expenses can adversely affect the performance of the relevant Funds and of the Asset Allocation Models. In addition, these inflows and outflows may cause a Fund to hold a large portion of its assets in cash, which could detract from the achievement of the Fund’s investment objective, particularly in periods of rising market prices. For additional information regarding the risks of investing in a particular Fund, see that Fund’s prospectus.

Conflicts of Interest

New York Life Investment Management LLC (“New York Life Investments”), an affiliate of NYLIAC and the Investment Adviser to the MainStay VP Funds Trust, designed the Asset Allocation Models. While the Asset Allocation Models are designed to offer you a convenient way to make allocation decisions, you should be aware that New York Life Investments is subject to competing interests that may have influenced its decision making with regard to the composition of the Asset Allocation Models. For example, because New York Life Investments receives fees for advising the MainStay VP Funds Trust, it benefits from including a relatively high percentage of these Investment Divisions in the Asset Allocation Models. MainStay VP Investment Divisions also predominate in the Asset Allocation Models because they represent the majority of Investment Divisions offered with the policy and are prevalent among the low- and moderate-risk Investment Divisions that make up the Asset Allocation Models. New York Life Investments also did not include certain non-proprietary Investment Divisions in the Asset Allocation Models because their investment profile (e.g., sector-specific concentration or shifting asset composition) was determined to be incompatible with the risk and return profile of the Asset Allocation Models. As Investment Divisions may have been included in an Asset Allocation Model based on asset class exposure, they may have also been selected over Investment Divisions with better past investment performance or lower fees.

 

29


As noted above, we receive payments or compensation from the Funds or their Investment Advisers, or from other service providers of the Funds (who may be affiliates of NYLIAC) in connection with administration, distribution and other services that we provide with respect to the Eligible Portfolios and their availability through the policies. The amount of this revenue and how it is computed varies by Fund, may be significant, and may create conflicts of interest in the design of the Asset Allocation Models.

 

30


The Eligible Portfolios of the relevant Funds, along with their investment advisers, are listed in the following table:

 

FUND

  

        INVESTMENT ADVISERS        

  

ELIGIBLE PORTFOLIOS

MainStay VP Funds Trust    New York Life Investment Management LLC    MainStay VP Conservative Allocation MainStay VP Growth Allocation
      MainStay VP Moderate Allocation
      MainStay VP Moderate Growth Allocation
   Subadviser:    MainStay VP Bond
   New York Life Investors LLC (“NYL    MainStay VP Floating Rate
   Investors”)    MainStay VP U.S. Government Money Market
   Subadvisers:   
   Candriam France S.A.S.,    MainStay VP Absolute Return Multi-Strategy
   Cornerstone Capital Management   
   Holdings (“Cornerstone”), Cushing   
   Asset Management (“Cushing”), and   
   MacKay Shields LLC (“MacKay”)   
   Subadvisers: Cornerstone and NYL    MainStay VP Balanced
   Investors   
      MainStay VP Common Stock
   Subadviser: Cornerstone    MainStay VP Cornerstone Growth
      MainStay VP International Equity
      MainStay VP Mid Cap Core
      MainStay VP S&P 500 Index
      MainStay VP Small Cap Core
   Subadviser: Cushing    MainStay VP Cushing Renaissance Advantage
   Subadvisers:    MainStay VP Emerging Markets Equity
   Candriam Belgium and Cornerstone   
   Subadviser:    MainStay VP Eagle Small Cap Growth
   Eagle Asset Management, Inc.   
   Subadviser: Epoch Investment    MainStay VP Epoch U.S. Equity Yield
   Partners, Inc. (“Epoch”)    MainStay VP Epoch U.S. Small Cap
   Subadviser:    MainStay VP Janus Balanced
   Janus Capital Management LLC   
   Subadviser: Massachusetts Financial    MainStay VP MFS® Utilities
   Services Company (“MFS”)   
   Subadviser:   
   Pacific Investment Management    MainStay VP PIMCO Real Return
   Company LLC   
   Subadviser:    MainStay VP T. Rowe Price Equity Income
   T. Rowe Price Associates, Inc.   
   Subadviser:    MainStay VP VanEck Global Hard Assets
   Van Eck Associates Corporation   
   Subadviser: MacKay    MainStay VP Convertible
      MainStay VP Government
      MainStay VP High Yield Corporate Bond
      MainStay VP Unconstrained Bond
   Subadviser: Winslow Capital    MainStay VP Large Cap Growth
   Management, Inc.   
   Subadvisers: Epoch and MacKay    MainStay VP Income Builder

 

31


FUND

  

        INVESTMENT ADVISERS        

  

ELIGIBLE PORTFOLIOS

AIM Variable Insurance Funds (Invesco Variable Insurance Funds)

   Invesco Advisers, Inc.   

Invesco V.I. American Value Fund

Invesco V.I. International Growth Fund

American Funds Insurance Series®

   Capital Research and Management Company (“CRMC”)   

American Funds IS® Global Small Capitalization FundSM

American Funds IS® New World Fund®

BlackRock® Variable Series Funds, Inc.

  

BlackRock Advisors, LLC

  

BlackRock® Global Allocation V.I. Fund

BlackRock® High Yield V.I. Fund

 

Legg Mason Partners Variable Equity Trust

  

Legg Mason Partners Fund Advisor, LLC

Subadviser: ClearBridge Investments, LLC

   ClearBridge Variable Appreciation Portfolio

Columbia Funds Variable Series Trust II

 

Columbia Funds Variable Insurance Trust

  

Columbia Management Investment

Advisers, LLC

Subadviser:Threadneedle International Limited

  

Columbia Variable Portfolio — Commodity Strategy Fund

Columbia Variable Portfolio — Emerging Markets Bond Fund

 

Columbia Variable Portfolio — Small Cap Value Fund

Deutsche Variable Series II

  

Deutsche Investment Management Americas Inc.

Subadviser: RREEF America LLC

   Deutsche Alternative Asset Allocation VIP
Dreyfus Investment Portfolios    The Dreyfus Corporation    Dreyfus IP Technology Growth Portfolio

Fidelity® Variable Insurance

Products Fund

  

Fidelity Management and Research

Company (“FMR”)

Subadvisers: FMR Co., Inc.

(“FMRC”) and other affiliates of FMR

  

Fidelity® VIP Contrafund® Portfolio

Fidelity® VIP Equity-Income Portfolio

Fidelity® VIP Growth Opportunities Portfolio

Fidelity® VIP Mid Cap Portfolio

Janus Aspen Series    Janus Capital Management LLC    Janus Aspen Global Research Portfolio
MFS® Variable Insurance Trust   

Massachusetts Financial Services

Company (“MFS”)

  

MFS® International Value

MFS® Investors Trust Series

MFS® Research Series

Morgan Stanley Variable Insurance Fund Inc.   

Morgan Stanley Investment Management Inc.

   Morgan Stanley VIF U.S. Real Estate Portfolio

Neuberger Berman Advisers

Management Trust

   Neuberger Berman Investment Advisers LLC    Neuberger Berman AMT Mid Cap Growth Portfolio
PIMCO Variable Insurance Trust    Pacific Investment Management Company LLC (“PIMCO”)   

PIMCO VIT Foreign Bond Portfolio (U.S. Dollar-Hedged)

PIMCO VIT Low Duration Portfolio

PIMCO VIT Total Return Portfolio

Victory Variable Insurance Funds    Victory Capital Management Inc.    Victory VIF Diversified Stock Fund

Please refer to the accompanying prospectuses of the respective Funds for a complete description of the Funds, the investment advisers, the sub-advisers, and the Portfolios. The Funds’ prospectuses should be read carefully before any decision is made concerning the allocation of premium payments to an Investment Division corresponding to a particular Eligible Portfolio.

 

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NYLIAC does not provide investment advice and does not recommend or endorse any particular Eligible Portfolio or Portfolios. NYLIAC is not responsible for choosing the Investment Divisions or the amounts allocated to each. You are responsible for determining that these decisions are appropriate for your own individual circumstances and your investment goals, financial situation, and risk tolerance. Decisions regarding investment allocations should be carefully considered. You bear the risk of any decline in the value of your policy resulting from the performance of the Portfolios you have chosen.

You should consult with your registered representative to determine which combination of investment options is most appropriate for you, and periodically review your choices.

Certain portfolios, generally referred to as “funds of funds” or “master-feeder arrangements,” may invest all or substantially all of their assets in portfolios of other funds. In such cases, you will indirectly pay fees and expenses at both portfolio levels, which would reduce your investment return.

Hedging strategies may be employed by certain portfolios to attempt to provide downside protection during sharp downward movements in equity markets. The cost of these strategies could limit the upside participation of the portfolio in rising equity markets relative to other portfolios.

So-called “alternative” investment strategies may also be used by certain portfolios, which may involve non-traditional asset classes. These alternative investment strategies may be riskier than more traditional investment strategies and may involve leverage or use complex hedging techniques, such as options and derivatives. These may offer potential diversification benefits beyond traditional investment strategies.

Investment selections should be based on a thorough investigation of all of the information regarding the Eligible Portfolios that are available to you, including each Fund’s prospectus, statement of additional information, and annual and semi-annual reports. Other sources, such as the Fund’s website or newspapers and financial and other magazines, provide more current information, including information about any regulatory actions or investigations relating to a Fund or Eligible Portfolio. After you select Investment Divisions or an Asset Allocation Model for your initial premium, you should monitor and periodically re-evaluate your allocations to determine if they are still appropriate.

Money Market Fund Fees and Gates

The SEC has adopted rules that provide that all money market funds can impose liquidity fees and/or suspend redemptions under certain circumstances. The liquidity fees can be up to 2% of the amount redeemed, and the suspensions of redemptions (redemption “gates”) can last for ten (10) business days. Money market funds can impose these fees and gates (which could be applied to all policy transfers, surrenders, withdrawals and benefit payments from that portfolio) based on the liquidity of the fund’s assets and other factors.

All types of money market funds have the ability to impose these fees and gates, but government money market funds (that invest at least 99.5% of their assets in cash, U.S. government securities and/or repurchase agreements that are secured by cash or government securities) are less likely to impose fees and gates. Nevertheless, there remains a possibility that a government money market fund such as the MainStay VP U.S. Government Money Market Portfolio could impose such fees and gates, which could be applied to all Policy transfers, surrenders, withdrawals and benefit payments from the portfolio.

Additions, Deletions, or Substitutions of Investments

NYLIAC retains the right, subject to any applicable law, to make additions to, deletions from, or substitutions for, the Eligible Portfolio shares held by any Investment Division. NYLIAC reserves the right to eliminate the shares of any of the Eligible Portfolios and to substitute shares of another portfolio of a Fund, or of another registered open-end management investment company. We may do this if the shares of the Eligible Portfolios are no longer available for investment or if we believe investment in any Eligible Portfolio would become inappropriate in view of the purposes of the Separate Account, which is to serve as the funding vehicle for the Policy and certain other variable annuity policies issued by NYLIAC. An investment in an Eligible Portfolio could become inappropriate if, for example, that Eligible Portfolio performs poorly, undergoes a significant management change, or changes its investment objective or investment policies such that they are no longer consistent with the purposes of the policies funded by the Separate Account.

To the extent required by law, we will not make substitutions of shares attributable to your interest in an Investment Division until you have been notified of the change. This does not prevent the Separate Account from purchasing other securities for other series or classes of policies, or from processing a conversion between series or classes of policies on the basis of requests made by policyowners.

 

33


We may establish new Investment Divisions when we determine, in our sole discretion, that marketing, tax, investment, or other conditions so warrant. We will make any new Investment Divisions available to existing policyowners on a basis we determine. We may also eliminate one or more Investment Divisions, if we determine, in our sole discretion, that marketing, tax, investment, or other conditions warrant. Please note that any such changes could affect the performance of the Asset Allocation Models.

In the event of any substitution or change, NYLIAC may, by appropriate endorsement, change the policies to reflect such substitution or change. We also reserve the right to: (a) operate the Separate Account as a management company under the Investment Company Act of 1940, (b) deregister it under such Act in the event such registration is no longer required, (c) combine it with one or more other separate accounts, and (d) restrict or eliminate the voting rights of persons having voting rights as to the Separate Account as permitted by law.

Reinvestment

We automatically reinvest all dividends and capital gain distributions from Eligible Portfolios in shares of the distributing Portfolio at their net asset value on the payable date.

THE POLICIES

This is a flexible premium policy which means additional premium payments can be made. It is issued on the lives of individual Annuitants.

The policies are variable. This means that the Accumulation Value will fluctuate based on the investment experience of the Investment Divisions or Asset Allocation Model you select, as well as the interest credited on the Fixed Account Accumulation Value and the DCA Advantage Account Accumulation Value. NYLIAC does not guarantee the investment performance of the Separate Account or of the Eligible Portfolios. You bear the entire investment risk with respect to amounts allocated to the Investment Divisions of the Separate Account or an Asset Allocation Model. We offer no assurance that the investment objectives of the Investment Divisions or an Asset Allocation Model will be achieved. Accordingly, amounts allocated to the Investment Divisions of the Separate Account or an Asset Allocation Model are subject to the risks inherent in the securities markets and, specifically, to price fluctuations in the Eligible Portfolios’ investments.

As the Owner of the policy, you have the right to (a) change a revocable Beneficiary, (b) name a new Owner (on Non-Qualified Policies only), (c) receive Income Payments, (d) name a Payee to receive Income Payments, and (e) transfer funds among the Investment Divisions. You cannot lose these rights. However, all rights of ownership cease upon your death.

The current policyowner of a Non-Qualified Policy has the right to transfer ownership to another person(s) or entity. To transfer ownership, the policyowner must complete our approved “Transfer of Ownership” form in effect at the time of the request. This change will take effect as of the date you signed the form, subject to any payment we made or other action we took before recording the change. Federal law requires all financial institutions to obtain, verify, and record information that identifies each person or entity that becomes the owner of an existing policy. This means the new policyowner(s) will be required to provide their name, address, date of birth, and other identifying information. To complete a transfer of ownership, the new policyowner(s) will also be required to submit financial and suitability information.

Certain provisions of the policies may be different than the general description in this Prospectus, and certain riders and options may not be available, because of legal requirements or restrictions in your state. See your policy for specific variations because any such state variations will be included in your policy or in riders or endorsements attached to your policy. See also “Appendix 2—State Variations” for specific information that may be applicable for your state.

Selecting the Variable Annuity That’s Right for You

In addition to the policies described in this Prospectus, we offer other variable annuities, each having different features, fees, and charges. Your registered representative can help you decide which is best for you based on your individual circumstances, time horizon, and policy feature preferences.

The availability of optional policy features may increase the cost of the policy. Therefore, when selecting a policy, you should consider what policy features you plan to use within your variable annuity. You should also consider the different surrender charge period associated with each policy in light of the length of time you plan to hold your policy (i.e., your time horizon). If you intend to make multiple contributions to your policy over time, you may want to consider a surrender charge period that is based on the Policy Date. If you intend to make a single contribution or limited contributions over time, you may want to consider a policy with a surrender charge period that is based on each premium payment. In

 

34


addition to the surrender charges, you should also evaluate the available policy features and the different fees associated with each of the features and of the policy.

You should consider the investment objectives, risks, charges and expenses of an investment carefully before investing. Both the product and underlying fund prospectuses contain this and other information about the variable annuities and underlying investment options. Your registered representative can provide you with prospectuses for one or more of these variable annuities and the underlying funds. Please read the prospectuses carefully before investing.

Qualified and Non-Qualified Policies

We designed the policies primarily for the accumulation of retirement savings, and to provide income at a future date by annuitizing the policy or purchasing future income through the Future Income Rider, if available (See Riders – “Future Income Rider” below, for more information). We issue both Qualified and Non-Qualified Policies. Both types of policies offer tax-deferred accumulation. You may purchase a Non-Qualified Policy to provide for retirement income other than through a tax-qualified plan. You may purchase a Qualified Policy for use with any one of the tax-qualified plans listed below. Other tax-qualified plan types may be made available in the future. For more information, contact your registered representative.

(1) TSAs purchased by employees of certain tax-exempt organizations and certain state-supported educational institutions, in each case in accordance with the employer’s plan document and/or applicable tax requirements (see FEDERAL TAX MATTERS—Qualified Policies—Important Information Regarding Final Code Section 403 (b) Regulations). We will no longer be accepting contributions or issuing new policies for ERISA 403(b) plans);

(2) Section 408 or 408A Individual Retirement Annuities (IRAs), including: Roth IRAs, SEP and SIMPLE IRAs; and

(3) Section 457 Deferred Compensation Plans.

Please see “FEDERAL TAX MATTERS” for a detailed description of these plans.

If you are considering the purchase of a Qualified Policy or a Non-Qualified Policy to fund another type of tax-qualified retirement plan, such as a plan qualifying under Section 401(a) of the Code, you should be aware that this policy will fund a retirement plan that already provides tax deferral under the Code. Therefore, the tax deferral of the annuity does not provide additional benefits. However, this annuity is designed to provide certain payment guarantees and features other than tax deferral, some of which may not be available in other investments. There are fees and charges in an annuity that may not be included in other types of investments. These additional features and benefits include:

 

   

A guaranteed death benefit, as explained in this Prospectus.

 

   

The option for you to receive a guaranteed stream of Income Payments for life after you have owned the policy for one year.

 

   

The option to purchase a future income stream through a Future Income Rider, included automatically with most policies.

 

   

A Fixed Account that features a guaranteed fixed interest rate.

 

   

An optional Interest Sweep feature that automatically transfers interest earned on monies in the Fixed Account to Investment Divisions offered under the policy.

 

   

The flexibility to easily transfer money among Investment Divisions in the annuity managed by different investment managers and to have your investment mix automatically rebalanced periodically.

These features are explained in detail in this Prospectus. You should purchase this annuity with tax-qualified money because of the additional features the annuity provides and not for the tax deferral to which the tax-qualified plan is already entitled. You should consult with your tax or legal adviser to determine if the policy is suitable for your tax qualified plan. See Appendix 1 for more information about when the policy can be issued under certain types of qualified plans.

Policy Application and Premium Payments

To purchase a policy, you must complete an application. The application is sent by your registered representative to NYLIAC’s Cleveland or Dallas Service Center with your initial premium payment. (Initial premium payments received in connection with 1035 exchanges, rollovers and TSAs must be sent to either the Cleveland or Dallas Service Center, or one of the addresses noted in Question 17 of this Prospectus.) If the application is in Good Order, we will credit the initial premium payment to the Allocation Options you have selected within two Business Days after receipt at the Cleveland or Dallas Service Center. (Or, in the case of initial premium payments received in connection with 1035 exchanges, rollovers

 

35


and TSAs, at the Cleveland or Dallas Service Centers or at one of the addresses noted in Question 17 of this Prospectus.) If we cannot credit the initial premium payment within five Business Days after we receive it because the application is not in Good Order, we will contact you and explain the reason for the delay. Unless you consent to NYLIAC’s retaining the initial premium payment and crediting it as soon as the necessary requirements are fulfilled, we will refund the initial premium payment immediately; however, if you paid the initial premium by check, we can delay that refund payment until your check has cleared.

Acceptance of applications is subject to NYLIAC’s rules. We reserve the right to reject any application or initial premium payment. Generally, only one policyowner is named. If we issue a jointly owned policy, ownership rights and privileges under the policy must be exercised jointly and benefits under the policy will be paid upon the death of any joint owner. Acceptance of initial premium payments is subject to our suitability standards.

You may allocate premium payments in up to 18 of the 55 Investment Divisions, some of which may not be available under your policy, one of the available Asset Allocation Models, as well as the DCA Advantage Account and the Fixed Account. If in Good Order, we will credit subsequent premium payments to the policy at the close of the Business Day on which they are received by NYLIAC. Moreover, you may increase or decrease the percentages of the premium payments (which must be in whole number percentages) allocated to each Allocation Option or the DCA Advantage Account at the time a premium payment is made. You must allocate a minimum of $2,000 to the DCA Advantage Account.

Unless we permit otherwise, the minimum initial premium payment is $5,000 (or $2,500 plus $100 per month from a pre-authorized billing arrangement) for Non-Qualified Policies. For Qualified Policies, the minimum initial payment is $2,000, but we accept lower amounts in connection with a pre-authorized billing arrangement. For Pension/Keogh plans, the minimum initial premium is $10,000. Additional non-scheduled premium payments must be at least $500 for Qualified Policies and Non-Qualified Policies, or such lower amount as we may permit at any time. Subsequent premium payments must be sent to NYLIAC at one of the addresses listed in Question 17 of this Prospectus. We may agree to other methods of payment. The maximum aggregate amount of premium payments we accept without prior approval is set forth on the Policy Data Page.

Unless we permit otherwise, the minimum initial premium payment for Qualified Policies is as follows:

 

  (a) for Code Section 403(b) Tax Sheltered Annuities (“TSAs”), a $2,000 single premium or $50 per month;

 

  (b) for IRAs and Roth IRAs, a $2,000 single premium or a $1,200 initial premium payment plus pre-authorized monthly deductions of $100 per month;

 

  (c) for deferred compensation plans, $50 per month;

 

  (d) for SEP plans, $2,000 initial premium payment or $50 per month if part of a pre-authorized billing arrangement; and

 

  (e) for SIMPLE IRAs, $2,000 initial premium payment or $50 per month if part of a pre-authorized billing arrangement.

For Qualified Policies you may not make premium payments in excess of the amount permitted by law for the plan indicated.

Additional premium payments can be made until 12 months after you reach age 75. The currently available methods of payment are direct payments to NYLIAC or any other method agreed to by us. The maximum aggregate amount of premium payments we accept is $1,000,000 without prior approval. NYLIAC reserves the right to limit the dollar amount of any premium payment. You must allocate a minimum of $2,000 to the DCA Advantage Account.

Acceptance of subsequent premium payments is subject to our suitability standards.

Tax-Free Section 1035 Exchanges

Subject to certain restrictions, you can make a tax-free exchange under Section 1035 of the Code of all or a portion of one annuity contract, or all of a life insurance policy for an annuity contract. Section 1035 also provides that an annuity contract may be exchanged in a tax-free transaction for a long-term care insurance policy. Before making an exchange, you should compare both contracts carefully. Remember that if you exchange a life insurance policy or annuity contract for the Contract described in this Prospectus:

 

   

you might have to pay a withdrawal charge on your previous contract,

 

   

there will be a new withdrawal charge period for this Contract,

 

36


   

other charges under this Contract may be higher (or lower),

 

   

the benefits may be different,

 

   

you will no longer have access to any benefits from your previous contract (or the benefits may be different), and

 

   

access to your cash value following a partial exchange may be subject to tax-related limitations.

If the exchange does not qualify for Section 1035 treatment, you also may have to pay federal income tax, including a 10% federal penalty tax, on the exchange. You should not exchange an existing life insurance policy or another annuity contract for this Contract unless you determine that the exchange is in your best interest. New York Life may accept electronically transmitted instructions from your registered representative or from another insurance carrier for the purpose of effecting a 1035 exchange. If you contemplate such an exchange, you should consult a tax advisor to discuss the potential tax effects of such a transaction.

Payments Returned for Insufficient Funds

If your premium payment is returned for insufficient funds, we reserve the right to reverse the Investment Options chosen and charge you a $20 fee for each returned payment. In addition, the Fund may also redeem shares to cover any losses it incurs as result of a returned payment. If a payment is returned for insufficient funds for two consecutive periods, the privileges to pay by check or electronically will be suspended until VPSC receives a written request to reinstate it in Good Order at one of the addresses noted in Question 15 of this Prospectus, and we agree.

Your Right to Cancel (“Free Look”)

You can cancel the policy within 10 days of delivery of the policy or such longer period as required under state law. To cancel your policy, you must return it to VPSC at one of the addresses listed in Question 15 of this Prospectus or to the registered representative through whom you purchased it, with a written request for cancellation. Except where you are entitled by law to receive the total of premium payments less any prior partial withdrawals, we will promptly return the Accumulation Value, calculated as of the Business Day that either the registered representative through whom you purchased the policy or VPSC receives the policy along with a written request for cancellation in Good Order, less any e-delivery credit, (see “THE POLICIES – Electronic Delivery”), but without any deduction for premium taxes or a surrender charge. We will set forth the provision in your policy. See Appendix 2 for more information about free look provisions in particular states.

If you are entitled to receive the total of premium payments less any prior withdrawals, but your Accumulation Value is higher than that amount as of the date your written request for cancellation is received in Good Order, we will return the Accumulation Value, calculated as set forth above and subject to the deductions noted above.

Issue Ages

To purchase a Non-Qualified Policy you must not be older than age 75. The Owner, or if the policy is owned by an entity, the Annuitant must not be older than age 75.

For IRA, Roth IRA, SIMPLE IRA, TSA and SEP plans, you must also be the Annuitant. We can issue Qualified Policies if you are between the ages of 18 and 75.

We will accept additional premium payments until 12 months after you reach age 75, unless otherwise limited by the terms of a particular plan.

In order to qualify for the above referenced maximum age limits to purchase a policy, the policy application must be signed and received at the NYLIAC Variable Products Service Center (“VPSC”) prior to the day the Owner, or if the policy is owned by an entity, the Annuitant becomes age 76. All funds must be received by VPSC no later than 60 days from the date the application is received at our service center. Any funds received after 60 days will be returned.

Transfers

You may transfer amounts between Investment Divisions of the Separate Account, an Asset Allocation Model or to the Fixed Account at least 30 days before the Annuity Commencement Date, although certain restrictions may apply with respect to transfers into the Fixed Account for Premium based M&E Charge policies. You may not make transfers into the DCA Advantage Account. Transfers made from the DCA Advantage Account to the Investment Divisions are subject to different limitations (See “THE DCA ADVANTAGE ACCOUNT”). No transfers are allowed from the DCA Advantage Account to the Fixed Account. Except in connection with transfers made pursuant to traditional Dollar Cost Averaging, Automatic Asset Rebalancing, Interest Sweep and the DCA Advantage Account, the minimum amount that you may

 

37


transfer from one Investment Division to other Investment Divisions, an Asset Allocation Model or to the Fixed Account is $500. Except for traditional Dollar Cost Averaging, Automatic Asset Rebalancing, Interest Sweep and the DCA Advantage Account, if the value of the remaining Accumulation Units in an Investment Division would be less than $500 or the Fixed Account would be less than $25 after you make a transfer, we will transfer the entire value unless NYLIAC in its discretion determines otherwise. The amount(s) transferred to other Investment Divisions must be a minimum of $25 for each Investment Division.

There is no charge for the first twelve transfers in any one Policy Year. Any transfer into or out of an Asset Allocation Model counts as one transfer. NYLIAC reserves the right to charge up to $30 for each transfer in excess of twelve, subject to any applicable state insurance law requirements. Any transfer made in connection with traditional Dollar Cost Averaging, Automatic Asset Rebalancing, Interest Sweep or the DCA Advantage Account will not count as a transfer toward the twelve transfer limit. You may make transfers from the Fixed Account to the Investment Divisions in connection with Interest Sweep and in certain other situations. (See “THE FIXED ACCOUNT.”)

You can request a transfer by any of the four methods listed below. Transfer requests are subject to limitations and must be made in accordance with our established procedures. (See “Virtual Service Center (VSC) and Interactive Voice Response System (IVR).”)

 

   

submit your request in writing on a form we approve to VPSC at one of the addresses listed in Question 15 of this prospectus (or any other address we indicate to you in writing);

 

   

use the IVR at 800-598-2019;

 

   

speak to a Customer Service Representative at 800-598-2019 on Business Days between the hours of 9:00 a.m. and 6:00 p.m. (Eastern Time); or

 

   

make your request through the VSC.

NYLIAC is not liable for any loss, cost or expense for action based on telephone or electronic instructions which are believed to be genuine in accordance with these procedures. Transfer requests received after the close of regular trading on the New York Stock Exchange, generally 4:00 p.m. Eastern Time or received on a non-Business Day, will be priced as of the next Business Day.

Limits on Transfers

Procedures Designed to Limit Potentially Harmful Transfers—This policy is not intended as a vehicle for market timing. Accordingly, your ability to make transfers under the policy is subject to limitation if we determine, in our sole opinion, that the exercise of that privilege may disadvantage or potentially hurt the rights or interests of other policyowners.

Any modification of the transfer privilege could be applied to transfers to or from some or all of the Investment Divisions. If not expressly prohibited by the policy, we may, for example:

 

   

reject a transfer request from you or from any person acting on your behalf;

 

   

restrict the method of making a transfer;

 

   

charge you for any redemption fee imposed by an underlying fund; or

 

   

limit the dollar amount, frequency, or number of transfers.

Currently, if you or someone acting on your behalf requests by telephone and/or electronically transfers into or out of one or more Investment Divisions or an Asset Allocation Model on three or more days within any 60-day period, we will send you a letter notifying you that the transfer limitation has been exceeded. If we receive an additional transfer request that would result in transfers into or out of one or more Investment Divisions or an Asset Allocation Model on three or more days within any 60-day period, we will process the transfer request. Thereafter, we will immediately suspend your ability to make transfers electronically and by telephone, regardless of whether you have received the warning letter. All subsequent transfer requests for your policy must then be made in writing through the U.S. mail or an overnight courier and received by VPSC at one of the addresses listed in Question 15 of this Prospectus. We will provide you with written notice when we take this action.

We currently do not include the following transfers in these limitations, although we reserve the right to include them in the future: transfers to and from the Fixed Account, the first transfer out of the MainStay VP U.S. Government Money

 

38


Market Investment Division within six months of the issuance of a policy, and transfers made pursuant to the traditional Dollar Cost Averaging, DCA Advantage Account, Interest Sweep and Automatic Asset Rebalancing.

We may change these limitations or restrictions or add new ones at any time without prior notice; your policy will be subject to these changes regardless of the issue date of your policy. All transfers are subject to the limits set forth in this Prospectus in effect on the date of the transfer request, regardless of when your policy was issued. Note, also, that any applicable transfer rules, either as indicated above or that we may utilize in the future, will be applied even if we cannot identify any specific harmful effect from any particular transfer.

We apply our limits on transfers procedures to all owners of this policy without exception.

Orders for the purchase of Fund portfolio shares are subject to acceptance by the relevant Fund. We will reject or reverse, without prior notice, any transfer request into an Investment Division if the purchase of shares in the corresponding Fund portfolio is not accepted by the Fund for any reason. For transfers into multiple Investment Divisions, and/or an Asset Allocation Model the entire transfer request will be rejected or reversed if any part of it is not accepted by any one of the Funds. We will provide you with written notice of any transfer request we reject or reverse. You should read the Fund prospectuses for more details regarding their ability to refuse or restrict purchases or redemptions of their shares. In addition, a Fund may require us to share specific policyowner transactional data with them, such as taxpayer identification numbers and transfer information.

Risks Associated with Potentially Harmful Transfers—Our procedures are designed to limit potentially harmful transfers. However, we cannot guarantee that our procedures will be effective in detecting and preventing all transfer activity that could disadvantage or potentially hurt the rights or interests of other policyowners. The risks described below apply to policyowners and other persons having material rights under the policies.

 

   

We do not currently impose redemption fees on transfers or expressly limit the number or size of transfers in a given period. Redemption fees, transfer limits, and other procedures or restrictions may be more or less successful than our procedures in deterring or preventing potentially harmful transfer activity.

 

   

Our ability to detect and deter potentially harmful transfer activity may be limited by policy provisions.

(1) The underlying fund portfolios may have adopted their own policies and procedures with respect to trading of their respective shares. The prospectuses for the underlying fund portfolios, in effect at the time of any trade, describe any such policies and procedures. The trading policies and procedures of an underlying fund portfolio may vary from ours and be more or less effective at preventing harm. Accordingly, the sole protection you may have against potentially harmful frequent transfers is the protection provided by the procedures described herein.

(2) The purchase and redemption orders received by the underlying fund portfolios reflect the aggregation and netting of multiple orders from owners of this policy and other variable policies issued by us. The nature of these combined orders may limit the underlying fund portfolios’ ability to apply their respective trading policies and procedures. In addition, if an underlying fund portfolio believes that a combined order we submit may reflect one or more transfer requests from owners engaged in potentially harmful transfer activity, the underlying fund portfolio may reject the entire order and thereby prevent us from implementing any transfers that day. We do not generally expect this to happen. Alternatively, Funds may request information on individual policyowner transactions and may impose restrictions on individual policyowner transfer activity.

 

   

Other insurance companies that invest in the Fund portfolios underlying this policy, may have adopted their own policies and procedures to detect and prevent potentially harmful transfer activity. The policies and procedures of other insurance companies may vary from ours and be more or less effective at preventing harm. If their policies and procedures fail to successfully discourage potentially harmful transfer activity, there could be a negative effect on the owners of all of the variable policies, including ours, whose variable investment options correspond to the affected underlying fund portfolios.

 

   

Potentially harmful transfer activity could result in reduced performance results for one or more Investment Divisions, due to among other things:

 

  (1) an adverse effect on portfolio management, such as:

 

  (a) impeding a portfolio manager’s ability to sustain an investment objective;

 

  (b) causing the underlying fund portfolio to maintain a higher level of cash than would otherwise be the case; or

 

39


  (c) causing an underlying fund portfolio to liquidate investments prematurely (or at an otherwise inopportune time) in order to pay withdrawals or transfers out of the underlying fund portfolio.

 

  (2) increased administrative and Fund brokerage expenses.

 

  (3) dilution of the interests of long-term investors in an Investment Division if purchases or redemptions into or out of an underlying fund portfolio are made when, and if, the underlying fund portfolio’s investments do not reflect an accurate value (sometimes referred to as “time-zone arbitrage” and “liquidity arbitrage”).

Speculative Investing

Do not purchase this policy if you plan to use it, or any of its riders, for speculation, arbitrage, viatication or any other type of collective investment scheme. Your policy may not be traded on any stock exchange or secondary market. By purchasing this policy you represent and warrant that you are not using this policy, or any of its riders, for speculation, arbitrage, viatication or any other type of collective investment scheme.

Virtual Service Center (VSC) and Interactive Voice Response System (IVR)

Through the VSC and the IVR, you can get up-to-date information about your policy and request fund transfers. Through the VSC, you can also request partial withdrawals. We may revoke VSC and IVR privileges for certain policyowners (see “Limits on Transfers”).

To enable you to access the IVR, you will automatically receive a Personal Identification Number (PIN). Along with your Social Security Number, the PIN will give you access to the IVR using the toll-free number 1-800-598-2019. You should protect your PIN and your Social Security number, because our self-service options will be available to anyone who provides your Social Security number and your PIN; we will not be able to verify that the person providing electronic service instructions via the VSC or IVR is you or is authorized by you.

In order to obtain policy information online via the VSC, you are required to register for access. Visit www.newyorklife.com/vsc and click the “Register Now” button to enroll. You will be required to register a unique User Name and Password to gain access. In a safe and secure environment, you can, among other things, access policy values, change your address, download service forms, view policy statements, and submit policy transactions.

As described herein, we will use reasonable procedures to make sure that the instructions we receive through the VSC and IVR are genuine. We are not responsible for any loss, cost, or expense for any actions we take based on instructions received through IVR or VSC that we believe are genuine. We will confirm all transactions in writing.

Service requests are binding on all owners if the policy is jointly owned. Financial requests received after 4:00 p.m. (Eastern Time) or on non Business Days will be processed as of the next Business Day.

We make the VSC or IVR available at our discretion. In addition, availability of the VSC or IVR may temporarily be interrupted at certain times. We do not assume responsibility for any loss while the VSC or IVR is unavailable. If you are experiencing problems, you can send service requests to us at one of the addresses listed in Question 15 of this Prospectus.

VSC

Currently, the VSC is open Monday through Friday, from 7 a.m. until 4 a.m., Saturday, from 7 a.m. until 10 p.m. and Sunday from 7 a.m. until 8 p.m. (Eastern Time).

The VSC enables you to:

 

   

e-mail your registered representative or VPSC;

 

   

obtain current policy values;

 

   

transfer assets between investment options;

 

   

request partial withdrawals;

 

   

change the allocation of future premium payments;

 

   

reset your password;

 

   

change your address;

 

40


   

obtain service forms;

 

   

view and download policy statements;

 

   

modify an existing Automatic Asset Rebalancing arrangement;

 

   

change your phone number or e-mail address;

 

   

view and update beneficiary information;

 

   

update your Investor Profile; and

 

   

enroll in electronic delivery of select policy mailings and notifications.

The VSC enables you to sign-up to receive future prospectuses and policyowner annual and semi-annual reports electronically for your Policy online at www.newyorklife.com/vsc. Electronic delivery is not available for policies that are owned by corporations, trusts or organizations at this time.

IVR

The IVR is available 24 hours a day, seven days a week. We record all calls.

The IVR enables you to:

 

   

obtain current Policy values;

 

   

transfer assets between investment options;

 

   

change the allocation of future premium payments; and

 

   

speak with one of our Customer Service Representatives on Business Days, between the hours of 9:00 a.m. to 6:00 p.m. (Eastern Time).

Cybersecurity Risks

Our variable product business is highly dependent upon the effective operation of our computer systems (including the VSC, IVR, and other systems) and those of our business partners, so that our business is potentially susceptible to operational and information security risks resulting from a cyber-attack. These risks also apply to other insurance and financial services companies and businesses. These risks include, among other things, the theft, misuse, corruption and destruction of data maintained online or digitally, denial of service attacks on websites and other operational disruption, and unauthorized release of confidential customer information. Cyber-attacks affecting New York Life Insurance Company and any of its affiliates and other affiliated or unaffiliated third-party service providers may adversely affect us and your policy Accumulation Value. For instance, cyber-attacks may (i) interfere with our processing of policy transactions (including surrenders, withdrawals, loans and transfers) and the processing of orders from the VSC, IVR, or with the underlying funds; (ii) impact our ability to calculate accumulation unit values and policy’s Accumulation Values: (iii) cause the release and possible destruction of confidential customer or business information; (iv) subject us and/or our service providers and intermediaries to regulatory fines and financial losses and/or cause us reputational damage. Cybersecurity risks may also impact the issuers of securities in which the underlying funds invest, which may cause the funds underlying your policy to lose value. There can be no assurance that we or the underlying funds or our service providers will avoid losses affecting your policy due to cyber-attacks or information security breaches in the future.

Registered Representative Actions

You may authorize a third party to have access to your policy information and to make fund transfers, allocation changes and other permitted transactions. To do so, you must send VPSC a Telephone Authorization Form in Good Order to one of the addresses noted in Question 15 of this Prospectus. The Customer Service Representative will require certain identifying information (Social Security Number, address of record, date of birth) before taking any requests or providing any information to ensure that the individual giving instructions is authorized. See “The Policies—Transfers” for information on how to transfer assets between Investment Divisions and/or an Asset Allocation Model.

NYLIAC does not permit current or former registered representatives to obtain authorization to effect policy transactions through the Telephone Authorization Form. Authorization to these registered representatives will be limited to accessing policy information only.

You may authorize us to accept electronic instructions from a registered representative or a registered service assistant assigned to your policy in order to make premium allocations, transfers among investment options, Automatic

 

41


Asset Rebalancing (AAR) updates, partial withdrawals and changes to your investment objective and/or risk tolerance. Your AAR will be cancelled if a premium allocation change or fund transfer is submitted on your behalf and the AAR is not also modified at that time to be consistent with your investment option transfer and premium allocation changes. To authorize the registered representative(s) or registered service assistants assigned to your policy to make premium allocations and transfers, you must send a completed Variable Product Electronic Trading Authorization Form to VPSC at one of the addresses listed in Question 15 of this Prospectus. You must provide a separate authorization to us in order for your registered representative or the registered service assistant assigned to your policy to be able to make online partial withdrawals on your behalf. Any online partial withdrawal is subject to dollar amount limits that we establish. We may revoke trading authorization privileges for certain policyowners (See “Limits on Transfers”). Trading authorization may be elected, changed or canceled at any time. We will confirm all transactions in writing. Not all transactions are available on the Internet.

NYLIAC is not liable for any loss, cost or expense for action on instructions which are believed to be genuine in accordance with the procedures. As these parties act on your behalf, you are responsible for and bear the consequences of their instructions and other actions, including any limits on transfers.

Faxed requests are not acceptable and will not be honored at any time. In addition, we will not accept e-mailed requests for policy transactions or emails of imaged, signed service requests. E-mail inquiries that are non-transactional may be sent through the VSC once they have passed all security protocols to identify the policyowner.

We may choose to accept forms you have completed that your registered representative or your local General Office transmits to us electronically via our internal secured network. We will accept electronically-transmitted service forms only. Transfer and withdrawal requests are not accepted under this process. For information on how to initiate a transfer between Investment Divisions, or request a withdrawal, please refer to “THE POLICIES — Transfers” or “DISTRIBUTIONS UNDER THE POLICY — Partial Withdrawals”. We will not accept Email or Fax requests for transactions affecting your investments under the policy.

Electronic Delivery

We are required to send you, free of charge, annual updates to this prospectus, as well as annual and semi-annual financial reports from the Eligible Portfolios. If you register to have these documents sent to you using electronic delivery, we will apply a $30 e-delivery credit to your Accumulation Value in the Policy Year in which you register. We will apply this e-delivery credit only one time while this policy remains in force. If you cancel the electronic delivery of those documents, then reinstate electronic delivery later, you will not be entitled to another e-delivery credit. The e-delivery credit will be applied to the Allocation Options and/or the DCA Advantage Account in the same percentages used to allocate your premium payments. If you have selected e-delivery, we will still provide you paper copies of these documents upon request.

Dollar Cost Averaging (DCA) Programs

The main objective of dollar cost averaging is to achieve an average cost per Accumulation Unit that is lower than the average price per Accumulation Unit during volatile market conditions. Since you transfer the same dollar amount to an Investment Division with each transfer, you purchase more units in an Investment Division if the value per unit is low and fewer units if the value per unit is high. Therefore, you may achieve a lower than average cost per unit if prices fluctuate over the long term. Similarly, for each transfer out of an Investment Division, you sell more units in an Investment Division if the value per unit is low and fewer units if the value per unit is high. Dollar cost averaging does not assure a profit or protect against a loss in declining markets. Because it involves continuous investing regardless of price levels, you should consider your financial ability to continue to make purchases during periods of varying price levels. We do not count transfers under dollar cost averaging as part of your 12 free transfers each Policy Year. There is no charge imposed for the Dollar Cost Averaging programs.

We have set forth below an example of how dollar cost averaging works. In the example, we have assumed that you want to transfer $100 from the MainStay VP U.S. Government Money Market Investment Division to the MainStay VP Common Stock Investment Division each month. Assuming the Accumulation Unit values below, you would purchase the following number of Accumulation Units:

 

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Month

   Amount
Transferred
     Accumulation
Unit Value
     Accumulation
Units
Purchased
 

1

   $ 100       $ 10.00         10.00   

2

   $ 100       $ 8.00         12.50   

3

   $ 100       $ 12.50         8.00   

4

   $ 100       $ 7.50         13.33   
  

 

 

    

 

 

    

 

 

 

Total

   $ 400       $ 38.00         43.83   
  

 

 

    

 

 

    

 

 

 

The average unit price is calculated as follows:

 

Total unit price

   =   

$38.00

       =        $9.50

Number of months

      4      

The average unit cost is calculated as follows:

 

Total amount transferred

   =   

$400.00

       =        $9.13

Total units purchased

      43.83      

 

In this example, with dollar cost averaging, you would have paid an average of $9.13 per unit while the average price per unit during the purchase period was $9.50. Keep in mind that it is also possible for dollar cost averaging to result in a loss. For example, if Accumulation Unit Values had increased rapidly over the four month period used in the example above, you would have achieved a lower average unit cost by making the entire purchase in the first month.

(a) Traditional Dollar Cost Averaging

This option, which is available at no additional cost, permits systematic investing to be made in equal installments over various market cycles to help reduce risk. You may specify, prior to the Annuity Commencement Date, a specific dollar amount to be transferred from any Investment Division to any combination of Investment Divisions and/or the Fixed Account. Please note that for Premium based M&E Charge policies, amounts cannot be transferred to the Fixed Account (if applicable) You will specify the Investment Divisions to transfer money from, the Investment Divisions and/or Fixed Account to transfer money to, the amounts to be transferred, the date on which transfers will be made, subject to our rules, and the frequency of the transfers (monthly, quarterly, semi-annually or annually). You may not use traditional dollar cost averaging to make transfers into or from an Asset Allocation Model. You may not make transfers from the Fixed Account, but you may make transfers into the Fixed Account. Each transfer from an Investment Division must be at least $100. You must have a minimum Accumulation Value of $2,500 to elect this option. Once all money has been allocated to the Investment Divisions of your choice or the balance in the Investment Division you are transferring from is less than $100, the traditional Dollar Cost Averaging option will cease. A new request must be submitted to reactivate this feature. NYLIAC may reduce the minimum transfer amount and minimum Accumulation Value at its discretion.

NYLIAC will make all traditional Dollar Cost Averaging transfers on the day of each calendar month that you specify or on the next Business Day (if the day you have specified is not a Business Day). You may specify any day of the month except the 29th, 30th, or 31st. In order to process transfers under our traditional Dollar Cost Averaging option, VPSC must have received a completed traditional Dollar Cost Averaging request form at one of the addresses listed in Question 15 of this Prospectus no later than five Business Days prior to the date transfers are to begin. You may also process a traditional Dollar Cost Averaging transfer by any other method we make available. If your traditional Dollar Cost Averaging request form for this option is received less than five Business Days prior to the date you request it to begin, the transfers will begin on the day of the month you specify in the month following the receipt of your request. All completed traditional Dollar Cost Averaging request forms must be sent to VPSC at one of the addresses listed in Question 15 of this Prospectus. Facsimile requests will not be accepted or processed. In addition, we will not accept e-mailed requests or e-mails of imaged, signed requests.

You may cancel the traditional Dollar Cost Averaging option at any time. To cancel the traditional Dollar Cost Averaging Option, you must send a written cancellation request in Good Order to VPSC at one of the addresses listed in Question 15 of this Prospectus or contact us by phone at the number provided in Question 16 of this Prospectus. NYLIAC may also cancel this option if the Accumulation Value is less than $2,000, or such lower amount as we may determine. You may not elect the traditional Dollar Cost Averaging option if you have selected the Automatic Asset Rebalancing option. However, you have the option of alternating between these two features.

 

43


(b) Dollar Cost Averaging Advantage Account

This feature, which is available at no additional cost, permits you to set up automatic dollar cost averaging using the DCA Advantage Account when an initial premium payment or a subsequent premium payment is made. The DCA Advantage Account transfers amounts automatically to the Investment Divisions you choose in six monthly increments, as described below, and pays you interest on amounts remaining in the account. We credit amounts in the DCA Advantage Account with interest. You can request the DCA Advantage Account in addition to traditional Dollar Cost Averaging, Automatic Asset Rebalancing or Interest Sweep. To set up a DCA Advantage Account you must send a completed DCA Advantage Account request form to VPSC at one of the addresses listed in Question 15 of this Prospectus.

You must allocate a minimum of $2,000 to the DCA Advantage Account. If you send less than the $2,000 minimum to be allocated to the DCA Advantage Account, the payment will be automatically applied to the Investment Divisions that you have specified to receive transfers from the DCA Advantage Account. You must specify the Investment Divisions or Asset Allocation Model into which transfers from the DCA Advantage Account are to be made. However, you may not select the DCA Advantage Account if its duration would extend beyond the Annuity Commencement Date. You may not make transfers from the DCA Advantage Account into the Fixed Account. We do not count transfers out of the DCA Advantage Account as part of your 12 free transfers each Policy Year. Dollar cost averaging will begin one month from the date NYLIAC receives the premium payment and transfers will be made on the same day (on the next Business Day if the day is not a Business Day) each subsequent month for the duration of the DCA Advantage Account. If a transfer is scheduled to occur on a day that does not exist in a month, it will be processed on the last day of that month or on the next Business Day if the last day of that month is not a Business Day. The amount of each transfer will be calculated at the time of the transfer based on the number of remaining monthly transfers and the remaining value in the DCA Advantage Account. For example, the amount of the first monthly transfer out of the DCA Advantage Account will equal 1/6 of the value of the DCA Advantage Account on the date of the transfer. The amount of each of the five remaining transfers will equal 1/5, 1/4, 1/3, 1/2 and the remainder of the balance, respectively, of the value of the DCA Advantage Account on the date of each transfer.

You may not have more than one DCA Advantage Account open at the same time. Accordingly, any subsequent premium payment we receive for a DCA Advantage Account that is already open will be allocated to that same DCA Advantage Account. The entire value of the DCA Advantage Account will be completely transferred to the Investment Divisions or Asset Allocation Model within the duration specified. For example, if you allocate an initial premium payment to the DCA Advantage Account under which the 6-month term will end on December 31, 2017 and you make a subsequent premium payment to the 6-month DCA Advantage Account before December 31, 2017, we will allocate the subsequent premium payment to the same 6-month DCA Advantage Account already opened and transfer the entire value of the 6-month DCA Advantage Account to the Investment Divisions or Asset Allocation Model by December 31, 2017 even though a portion of the money was not in that DCA Advantage Account for the entire 6-month period. If an additional premium payment is allocated to the DCA Advantage Account after the duration has expired, the DCA Advantage Account will be re-activated and will earn the interest rate in effect on the Business Day the new premium payment is received at VPSC.

You can make partial withdrawals and transfers (in addition to the automatic transfers described above) from the DCA Advantage Account. We will make partial withdrawals and transfers first from the DCA Advantage Account Accumulation Value attributed to the initial premium payment and then from the DCA Advantage Account Accumulation Value attributed to subsequent allocations in the order received.

You cannot make transfers into the DCA Advantage Account from any Allocation Option.

Automatic Asset Rebalancing (AAR)

This policy feature, which is available at no additional cost, allows you to automatically maintain the percentage of your Variable Accumulation Value allocated to each Investment Division at a pre-set level. Unless you opt out of AAR on your application or in a subsequent notice, or if the value of your policy is under $2,500, your policy will be subject to AAR.

AAR works as follows:

You might specify that 50% of the Variable Accumulation Value of your policy be allocated to the MainStay VP Convertible Investment Division and 50% of the Variable Accumulation Value be allocated to the MainStay VP International Equity Investment Division. Over time, the fluctuations in returns from each of these Investment Divisions will shift the percentages of your Variable Accumulation Value in each Investment Division. Using AAR, NYLIAC will

 

44


automatically transfer your Variable Accumulation Value back to the percentages you specify. AAR also applies if your Variable Accumulation Value is allocated to an Asset Allocation Model.

You can choose to have AAR transfers made on your quarterly, semi-annual or annual policy anniversary.

If at any time you elected not to use the AAR feature and then change your mind, you must send a completed AAR request form to VPSC at one of the addresses listed in Question 15 of this Prospectus or by any other method we make available. VPSC must receive the completed AAR request form at least five Business days before the date transfers are scheduled to begin. If we receive your completed AAR request form less than five Business Days prior to the date you request it to begin, the rebalancing will begin on the next rebalancing date based on the rebalancing frequency you selected. Facsimile requests will not be accepted or processed. In addition, we will not accept e-mailed requests or e-mails of imaged, signed requests. You may modify an existing AAR by contacting us by phone at the number provided in Question 16 of this Prospectus. We will suspend AAR automatically if the Variable Accumulation Value is less than $2,500 on a reallocation date. Once the Variable Accumulation Value equals or exceeds this amount, AAR will resume automatically as scheduled. There is no minimum amount that you must allocate among the Investment Divisions under this option. AAR will be cancelled if a premium allocation change or transfer is submitted on your behalf that is inconsistent with your current AAR arrangement. You may prevent this cancellation if a conforming AAR change is processed within one Business Day of the inconsistent premium allocation change or transfer.

You may cancel the AAR feature at any time by sending a written cancellation request in Good Order to VPSC at one of the addresses listed in Question 15 of this Prospectus or contact us by phone at the number provided in Question 16 of this Prospectus. You may not elect the AAR feature if you have selected the traditional Dollar Cost Averaging option. However, you have the option of alternating between these two features.

Interest Sweep

This option, which is available at no additional cost, allows the interest earned on monies allocated to the Fixed Account to be transferred from the Fixed Account to one or any combination of Investment Divisions or an Asset Allocation Model. You must specify the Investment Divisions and/or Asset Allocation Model, the frequency of the transfers (monthly, quarterly, semi-annually or annually), and the day of each calendar month to make the transfers (except the 29th, 30th and 31st of a month). NYLIAC will make all Interest Sweep transfers on the day of each calendar month you have specified or on the next Business Day (if the day you have specified is not a Business Day).

The Interest Sweep option may be utilized in addition to traditional Dollar Cost Averaging, Automatic Asset Rebalancing or the DCA Advantage Account. With an Asset Allocation Model, the Interest Sweep option may be utilized with Automatic Asset Rebalancing and the DCA Advantage Account. If an Interest Sweep transfer is scheduled for the same day as a transfer related to the traditional Dollar Cost Averaging option, the Automatic Asset Rebalancing option or the DCA Advantage Account, we will process the Interest Sweep transfer first.

You can cancel the Interest Sweep option at any time. To cancel the Interest Sweep Option, you must send a written cancellation request in Good Order to VPSC at one of the addresses listed in Question 15 of this Prospectus or contact us by phone at the number provided in Question 16 of this Prospectus. We may also cancel this option if the Fixed Account Accumulation Value is less than $2,000, or such a lower amount as we may determine. Please note that you must utilize the Interest Sweep option if 100% of your premium payments are allocated to the Fixed Account.

To establish a new Interest Sweep transfer after the option has been cancelled, you must send an Interest Sweep request form in Good Order to VPSC at one of the addresses listed in Question 15 of this Prospectus. You may also process an Interest Sweep transfer by any other method we make available. VPSC must receive an Interest Sweep request form in Good Order at least five Business Days prior to the date transfers are scheduled to begin. If VPSC does not receive an Interest Sweep request form in Good Order at least five Business Days prior to the date you request it to begin, transfers will begin on the day of the month you specify in the month following the receipt of your request. Faxed requests will not be accepted or processed. In addition, we will not accept e-mailed requests or e-mails of imaged, signed requests. The minimum Fixed Account Accumulation Value required to elect this option is $2,000, but this amount may be reduced at our discretion.

Accumulation Period

(a) Crediting of Premium Payments

You can allocate a portion of each premium payment to one or more Investment Divisions, one Asset Allocation Model, the DCA Advantage Account and/or the Fixed Account. The minimum amount that you may allocate to any one

 

45


Investment Division or the Fixed Account is $25. The minimum that you can allocate to an Asset Allocation Model is $25 per Investment Division. You may also allocate all or a portion of each premium payment to the DCA Advantage Account. The minimum amount that you may allocate to the DCA Advantage Account is $2,000. (See “THE DCA ADVANTAGE ACCOUNT.”) We will allocate additional premium payments to the Allocation Options and/or the DCA Advantage Account at the close of the Business Day on which they are received by NYLIAC.

We will credit amounts that you allocate to an Investment Division (or to each of the Investment Divisions that make up an Asset Allocation Model) in the form of Accumulation Units. We determine the number of Accumulation Units we credit to a policy by dividing the amount allocated to each Investment Division by the Accumulation Unit value for that Investment Division as of the close of the Business Day we are making this calculation. The value of an Accumulation Unit will vary depending on the investment experience of the Portfolio in which the Investment Division invests. The number of Accumulation Units we credit to a policy will not, however, change as a result of any fluctuations in the value of an Accumulation Unit. (See “THE FIXED ACCOUNT” for a description of interest crediting.)

(b) Valuation of Accumulation Units

The value of Accumulation Units in each Investment Division will change daily to reflect the investment experience of the corresponding Portfolio as well as the deduction of the Separate Account charges. The Statement of Additional Information contains a detailed description of how we value the Accumulation Units.

Riders

At no additional charge, we currently include a Living Needs Benefit/Unemployment Rider with all policies and a Future Income Rider with most policies.

For an additional cost, we also offer the Annual Death Benefit Reset Rider. The rider is only available in those states where it has been approved. See below for a description of each rider. Please consult with your registered representative regarding the availability of these riders in your jurisdiction. Please note that benefits under the riders are payable from NYLIAC’s general account and are subject to the claims paying ability of NYLIAC.

The Annual Death Benefit Reset (“ADBR”) rider may be appropriate for individuals who are looking to protect the amount of the initial death benefit and potentially increase it through annual “step-ups” (up to age 80) that are based on gains in the Accumulation Value resulting from favorable Investment Division performance.

(a) Living Needs Benefit/Unemployment Rider

This rider is available at no additional cost. Rider benefits and requirements to qualify for the rider benefits may not be the same in all jurisdictions. In Connecticut, the rider is named the “Living Needs Benefit Rider” and the Unemployment and disability portions of the rider are not available. In New York, the rider is named “Waiver Of Surrender Charges For Living Needs Qualifying Events” and the Unemployment portion of the rider is not available. In New Jersey, the rider is named the “Living Needs Benefit Rider” and the unemployment portion of the rider is not available.

The Living Needs Benefit/Unemployment Rider provides for an increase in the amount that can be withdrawn from your policy without a surrender charge when certain qualifying events occur. With this rider you may be eligible to receive all or a portion of the Accumulation Value of your policy without paying a surrender charge if you provide satisfactory proof that a Qualifying Event (as defined below) has occurred. In order to receive the benefit associated with this rider, your policy must have been in force for at least one year and have a minimum Accumulation Value of $5,000 and the Qualifying Event must occur on or after the Policy Date. For the Disability portion of the rider, any withdrawal after your 66th birthday will not be eligible for the rider benefit and surrender charges may apply. In addition, none of the benefits of this rider are available for policies where any Owner(s) has attained their 86th birthday on the Policy Date. If the Owner(s) is not a natural person, all restrictions and benefits of the rider are based on the Annuitant.

The types of Qualifying Events are defined as follows:

(a) Health Care Facility: The Owner is enrolled and living in a Health Care Facility for 60 consecutive days.

(b) Terminal Illness: A determination by a licensed physician that the Owner has a life expectancy of 12 months or less.

(c) Disability: A determination by a licensed physician that the Owner has a disability that prevents them from performing any work for pay or profit for at least 12 consecutive months.

 

46


(d) Unemployment: A determination letter from the applicable state’s Department of Labor that the Owner qualifies for and has been receiving state unemployment benefits for 60 consecutive days.

A Health Care Facility is defined as a state licensed/certified nursing home/assisted living facility. In addition, we may also require proof of continued disability as of the date of the withdrawal.

You will be able to receive benefits under this rider the later of the date you meet the above requirements or the date we receive your documentation in Good Order at VPSC at one of the addresses listed in Question 15 of this Prospectus.

(b) The Future Income Rider (not available for applications signed on or after May 1, 2017)

The Future Income Rider (“FIR”) is included with most policies at no additional charge. (It is not available through certain qualified plans; see Appendix 1 for more information.) The FIR allows you to apply a portion of your policy’s Variable Accumulation Value to purchase a stream of guaranteed annuity income payments for the lifetime of the Annuitant(s) (a “Future Income Purchase”), starting on the Future Income Start Date. Future Income Purchases are maintained in NYLIAC’s general account, and guarantees under the FIR are backed solely by the claims-paying ability of the NYLIAC general account.

Future Income Purchases. You can choose if and when to make a Future Income Purchase, subject to an initial waiting period. Generally, you must wait until after the first Policy Anniversary following a Premium Payment to make a Future Income Purchase using amounts from that Premium Payment. However, before the first Policy Anniversary, you can make Future Income Purchases that are less than or equal to the amount by which the Accumulation Value exceeds the value of Premium Payments during that time. After the waiting period, you can make a Future Income Purchase at any time before you annuitize the policy and until two years before the Future Income Start Date. You choose a Future Income Start Date when you make your first Future Income Purchase. Currently, there is no limit on the total number of Future Income Purchases you can make while your policy is in effect. However, in the future we may limit the total number of Future Income Purchases you can make. If we decide to impose a limit, we will provide you with at least thirty (30) days notice. Future Income Purchases are not required.

The minimum Future Income Purchase amount is $5,000 for the initial Future Income Purchase, and $100 for subsequent purchases. Total Future Income Purchases cannot be more than $1,000,000. You can make no more than twelve (12) Future Income Purchases in any Policy Year. Future Income Purchases are made through deductions taken from your Policy’s Variable Accumulation Value. To make a Future Income Purchase, you can send a written request to one of the addresses provided in Question 15 of this Prospectus. You can download a request form through the VSC. We will process your request at the close of the Business Day on which it is received by NYLIAC. NYLIAC may limit total Future Income Purchases to 25% of Accumulation Value in a given Policy Year. If we decide to impose a limit, we will provide you with at least thirty (30) days notice.

When you make a Future Income Purchase, you can specify from which Investment Divisions the Future Income Purchase amount should be deducted. You can choose to fund the Future Income Purchase with a pro-rata deduction from all your Investment Divisions, or you can select particular Investment Divisions from which to deduct the Future Income Purchase amount. You cannot use amounts in the DCA Advantage Account or the Fixed Account for a Future Income Purchase. There are no surrender charges on amounts deducted from your Variable Accumulation Value to make a Future Income Purchase. For purposes of calculating a death benefit under the base policy or the ADBR, a Future Income Purchase will be considered to be a withdrawal from the policy, and will proportionally reduce the guaranteed amounts under this rider.

You can also make Future Income Purchases on a recurring basis by setting up systematic Future Income Purchases. VPSC must receive a completed Future Income Purchase Form requesting systematic purchases at least five (5) Business Days before the date purchases are scheduled to begin. If your request for this option is received less than five (5) Business Days prior to the date you request purchases to begin, the systematic purchases will begin the month following the receipt of your request on the day of the month you specified, or if that day is not a Business Day, on the next Business Day.

The amount of future income purchased depends on the Future Income Purchase rate in effect on the day you make the purchase, as determined by NYLIAC, well as other factors, including the Age and sex of the Annuitant(s), the Future Income Purchase amount and the length of time before Future Income Payments are scheduled to begin. After each Future Income Purchase, we will send you a confirmation statement containing the amount of income you purchased.

You can cancel a Future Income Purchase by sending a written notice to one of the addresses provided in Question 15 of this Prospectus within ten (10) days after you receive written confirmation of that Future Income Purchase. If you do not cancel a Future Income Purchase, it will be deemed final and will be used to provide the Future Income Payment

 

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amount noted in the confirmation. Once final, the amount of the Future Income Purchase cannot be returned to the Investment Divisions and cannot be withdrawn or surrendered. If you cancel a Future Income Purchase, you cannot make another Future Income Purchase for ninety (90) days from the date of the cancelled purchase. Any Variable Accumulation Value used for a Future Income Purchase can only be accessed through the receipt of Future Income Payments, starting on the Future Income Start Date. Once a portion of your Variable Accumulation Value is used to make a Future Income Purchase, it is no longer available to you on a full or partial surrender of your Policy, or upon a full or partial annuitization, unless the Future Income Purchase is reversed during the cancellation period. Accordingly, before making a Future Income Purchase, you should consider your liquidity needs. Variable Accumulation Value used to make Future Income Purchases is no longer invested in the Investment Divisions, and will not earn any interest.

Future Income Payments. If an Annuitant is living, we will make Future Income Payments to the Payee you designate, beginning on the Future Income Start Date. Future Income Payments will continue for the lifetime of the Annuitant (or last surviving Annuitant, for joint Annuitant policies). The amount of a Future Income Payment is based on, among other things, the Future Income Purchase rates in effect when you make the Future Income Purchase, the Age and sex of the Annuitant(s), the Future Income Purchase amount and the length of time before Future Income Payments are scheduled to begin. The guaranteed lifetime income from the FIR could be higher or lower than the amount you might receive if you purchased a similar product that is offered by us or by another company.

If you choose to make multiple Future Income Purchases, the amount of your Future Income Payments will be greater after each purchase. We will send you a written confirmation of the change in the Future Income Payment amount after each purchase. Please refer to the rider Data Page for more information about how the Future Income Purchase rate and the resulting Future Income Payment amount are determined.

Full or partial surrenders or annuitizations will not affect Future Income Payment amounts. Please note, however, even if you surrender the Policy, we will not make any Future Income Payments until the Future Income Start Date.

You can make a one-time change to the Future Income Start Date that you chose when you made your first Future Income Purchase. The earliest Future Income Payment Start Date you can change to is thirteen (13) months from the date of your last Future Income Purchase, and the latest date is five (5) years after the original Future Income Start Date you chose, or the year in which the Annuitant (oldest joint Annuitant, if applicable) is age 85 (age 70 1/2 for IRAs), if earlier. Also note that with Traditional IRA policies, the Future Income Start Date cannot be deferred later than April 1 of the year following the year when the Owner reaches age 70 1/2. For Qualified Policies, a change in the Future Income Start Date to an earlier date may be subject to Code restrictions applicable to required minimum distributions. If a change in the Future Income Start Date would result in Future Income Payments that violate those Code restrictions, we will inform you that you may revise your request to an allowable Future Income Start Date. If the Future Income Start Date is accelerated by five (5) years or less, we will increase the Future Income Payments, if necessary, to an amount that will satisfy Code restrictions. Accelerating the Future Income Start Date would likely result in a lower Future Income Payment, and deferring the date would likely result in a higher payment. However, if you defer the date, you increase the chance that you may die before payments begin, or you could receive fewer payments before you die. If you choose to change the Future Income Start Date, the interest rate for recalculating your Future Income Payments will be determined according to a formula that appears on your rider Data Page. The formula includes a factor that will increase the interest rate used to recalculate the Future Income Payments for accelerations, and decrease the interest rate used to recalculate Future Income Payments for deferrals. The rider Data Page has additional information about how accelerating or deferring the Future Income Start Date will affect your Future Income Payments. Appendix 1 has information about restrictions on Income Start Dates under qualified plans.

To change the Future Income Start Date, you must send VPSC a request in writing, to one of the addresses listed in Question 15 of this Prospectus.

If the Annuitant is living on the Future Income Start Date, we will make Future Income Payments under the life with cash refund option to the designated Payee. For Non-Qualified Policies only, you also have the option to receive any eight (8) consecutive Future Income Payments in advance in a lump sum. This option can be exercised only three (3) times over the life of the Policy. This option is not available if you are under Age 59 1/2.

The availability of the FIR is subject to state approval.

Death Benefits under the FIR.

Death benefits under the FIR are in addition to death benefits payable under the base policy, which are described in “DISTRIBUTIONS UNDER THE POLICY – Death Before Annuity Commencement” and death benefits under the optional

 

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Annual Death Benefit Reset Rider, which are described in “THE POLICIES – Riders—Annual Death Benefit Reset Rider (optional)”. If you have made a Future Income Purchase, the FIR provides for the following death benefits:

 

   

If the Policy ends due to the death of an Owner or Annuitant before the Policy is annuitized (i.e. when Income Payments under the policy begin) and before the Future Income Start Date, the FIR ends and we will pay the Beneficiary a death benefit in an amount equal to the cumulative Future Income Purchases.

 

   

If the Policy ends because an Owner or Annuitant dies before the policy is annuitized and after the Future Income Start Date, we will continue to make Future Income Payments to the Payee, while an Annuitant is living. If no Annuitant is living or when the Annuitant dies (last surviving Annuitant for joint Annuitant policies), we will pay to your Beneficiary, even if the Payee is still living, a death benefit, if any, in an amount equal to the cumulative Future Income Purchases less the sum of Future Income Payments made as of the date of death of the Annuitant (last surviving Annuitant for joint Annuitant policies). The Payee is the individual or entity you have designated to receive Future Income Payments.

 

   

If an Owner dies after the policy is annuitized and before the Future Income Start Date, the FIR ends and we will pay the Beneficiary a death benefit in an amount equal to the cumulative Future Income Purchases even if an Annuitant is still living.

 

   

If an Owner dies after the policy is annuitized and after the Future Income Start Date, we will continue making Future Income Payments to the Payee while an Annuitant is living. If the Payee dies before the Annuitant, then we will make Future Income Payments to the Annuitant, unless you specify otherwise. If no Annuitant is living, or when the Annuitant dies (last surviving Annuitant for joint Annuitant policies), we will pay the Beneficiary, even if the Payee is still living, a death benefit, if any, in an amount equal to the cumulative Future Income Purchases less the sum of Future Income Payments made as of the date of death of the Annuitant (last surviving Annuitant for joint Annuitant policies).

Death of an Annuitant under the FIR

 

   

If the policy is issued with one Annuitant, who is not the Owner, and the Annuitant dies before the Future Income Start Date, then you (the primary Owner) become the new Annuitant. We will increase the Variable Accumulation Value by an amount equal to the cumulative Future Income Purchases made while the Annuitant was living. We will apply the increase to the Investment Divisions on a pro-rata basis, based on the allocations in effect as of the date of the Annuitant’s death. We will make this adjustment as of the date we receive proof of death for the Annuitant. No Future Income Payments will be made with the Future Income Purchases based on the original Annuitant’s life. However, the Owner (who is now the new Annuitant) may make subsequent Future Income Purchases based on his or her own life.

 

   

For joint Annuitant policies, if an Annuitant who is not an Owner dies prior to the Future Income Start Date, you cannot add a new joint Annuitant, and we will not make any adjustments to the Variable Accumulation Value when a non-Owner Annuitant dies. You may continue to make Future Income Purchases based on the life of the surviving Annuitant. These purchases will be added to any joint life Future Income Purchases, made prior to the Annuitant’s death, to provide Future Income Payments at the Future Income Start Date.

Spousal Continuation and the FIR

If the Owner dies before annuitizing the policy, and the Owner’s spouse is eligible to continue the policy (see “DISTRIBUTIONS UNDER THE POLICY - Death Before Annuity Commencement”, below), the following will occur if your spouse continues the policy:

 

   

If you die before the Future Income Start Date, and you were the only Annuitant, and you have not made any Future Income Purchases, your Spouse may make Future Income Purchases based on his or her own life as the new Annuitant, subject to certain limitations specified in the FIR.

 

   

If you die before the Future Income Start Date, and you were the only Annuitant, and you made Future Income Purchases, we will not make any Future Income Payments based on those Future Income Purchases. Instead, we will increase the Policy’s Variable Accumulation Value by an amount equal to the total Future Income Purchases. We will apply the increase on a pro-rata basis, based on the Investment Division allocations in effect as of the date of your death. We will make this adjustment as of the date we receive proof of death for you. Following this adjustment, your Spouse, who is now the Annuitant, may make Future Income Purchases based on his or her own life, subject to certain limitations in the FIR.

 

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If you and your spouse were joint Annuitants, after you die your spouse may make Future Income Purchases based on his or her own life, subject to certain limitations in the FIR, even if you made joint-life Future Income Purchases prior to your death. We will apply all Future Income Purchases that either or both of you made to Future Income Payments at the Future Income Start Date.

 

   

If you were not an Annuitant, after you die your spouse may make Future Income Purchases based on the life of the Annuitant, or joint Annuitants, as applicable, and subject to the limitations of the FIR. We will apply all Future Income Purchases that either or both of you made to Future Income Payments.

If you die after the Future Income Start Date but before annuitizing the policy, the following will occur:

 

   

We will continue to make Future Income Payments to the Payee for as long as an Annuitant is living. Your spouse may continue the policy.

(c) Annual Death Benefit Reset (ADBR) Rider (optional)

You may enhance your Policy’s standard death benefit by purchasing the optional ADBR Rider. The ADBR Rider is available only at the time of application, in jurisdictions where approved. If you select this rider and you die prior to the Annuity Commencement Date, we will pay an amount as proceeds to the designated Beneficiary, as of the date we receive proof of death and all requirements necessary to make the payment at VPSC. For policies owned by a grantor trust, all of whose grantors are individuals, benefits will be paid upon the death of any grantor. The amount will be the greater of:

 

  (a) the death benefit payable under the policy (See “DISTRIBUTIONS UNDER THE POLICY – Death Before Annuity Commencement”); or

 

  (b) the “Reset Value” plus any additional premium payments made since the most recent “Reset Anniversary,” less proportional withdrawals (“Reset Value Proportional Reductions”) made since the most recent Reset Anniversary; or

 

  (c) any death benefit available under any other rider attached to the Policy.

We automatically calculate the Reset Value, with respect to any policy, every year from the Policy Date (“Reset Anniversary”) until you reach age 80 (or the Annuitant if the Owner is not a natural person). For policies owned by a grantor trust, the Reset Value will be calculated until any grantor reaches age 80. On the First Policy Anniversary, the Reset Value is defined as the greater of (a) the Accumulation Value; and (b) the Return of Premium Death Benefit. The reset value calculated on the second and each subsequent Reset Anniversary is defined as the greater of (a) the Accumulation Value on the current Reset Anniversary; and (b) the Reset Value on the prior Reset Anniversary, plus any premium payments applied since the prior Reset Anniversary, less any Reset Value Proportional Reductions since the prior Reset Anniversary.

The rider benefit will no longer reset after the Owner’s death or for grantor trust owned policies, the death of any grantor. The only exception is if the policy remains inforce under the spousal option provision of the Policy, if available. If the Owner is not a natural person, or a grantor trust, the rider benefit will no longer reset after the death of the Annuitant. In addition, in jurisdictions where approved, if an ownership change or assignment of the policy is made, other than as explicitly described in the rider, the rider will terminate and no Reset Value will be payable. If the rider is terminated, the death benefit payable will be the benefit provided in the Death Before Annuity Commencement section of this Prospectus.

A Reset Value Proportional Reduction is an amount equal to the amount withdrawn from the policy, after the first Policy Anniversary, (including applicable surrender charges), divided by the policy’s Accumulation Value immediately preceding the withdrawal, multiplied by the Reset Value immediately preceding the withdrawal.

We have set forth below an example of how the ADBR Rider is calculated for an owner who is age 63. The current annual rider charge is 0.25% (for policies applied for on and after May 1, 2016) of the Reset Value as of the last Policy Anniversary, deducted quarterly. In this example, we have assumed the following:

 

  (1) you purchase this policy with a $200,000 initial premium payment (no additional premium payments are made)

 

  (2) the Accumulation Value as of the first Policy Anniversary is $250,000 (this is the Reset Value)

 

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  (3) the current Accumulation Value is $240,000

 

  (4) you make a partial withdrawal of $15,000 in the Policy Year 2 (no surrender charges are applicable)

 

  (5) you die at the beginning of the second policy quarter of Policy Year 2 after the withdrawal

 

  (6) the Accumulation Value on the date we receive the necessary requirements to pay the death benefit is $225,000 ($240,000 – $15,000)

 

  (7) the charge for the ADBR Rider is assessed (for policies applied for on and after May 1, 2016): 0.25% annually (0.0625% per quarter)

 

  (8) the Death Benefit is the greatest of:

 

  a) the Accumulation Value
     = $225,000

 

  b) the Return of Premium Death Benefit
     = $187,500

 

  c) the “Reset Value,” which is the greatest of:

 

  1. the Accumulation Value
     $225,000

 

  2. the prior Reset Value as of the last Reset Anniversary, plus any premium payments applied since the prior Reset Anniversary, less Reset Value Proportional Reductions since the prior Reset Anniversary.
     = $234,375

In this example, your Beneficiary would receive $234,375.00.

The ADBR Rider ends upon the earliest of the following:

 

  1) the Annuity Commencement Date,

 

  2) the date you surrender the policy,

 

  3) an ownership change or assignment of the policy, other than as described in the rider, or

 

  4) the date we terminate the policy.

Notwithstanding the foregoing, if your spouse, as the sole primary Beneficiary, elects to continue the policy as the new Owner upon your death, the Rider will not end and all of the Rider’s provisions and quarterly charges will continue to be deducted as if the new Owner had purchased the policy on the original Policy Date.

You cannot cancel this Rider without surrendering your policy.

Policyowner Inquiries

Your inquiries and written requests for service must be addressed to NYLIAC as indicated in the response to Questions 15, 16 and 17 of this Prospectus. Facsimile requests for service will not be accepted or processed. In addition, we will not accept e-mailed requests or e-mails of imaged, signed requests. All phone calls for service requests are recorded. We will confirm all transactions in writing. If you feel that a transaction has been processed incorrectly, it is your responsibility to contact us in writing and provide us with all relevant details. To correct an error, we must receive your request for correction within fifteen (15) days of the date of the confirmation with the transaction in question. You must provide us with the nature of the error, the date of the error and any other relevant details.

Records and Reports

NYLIAC will mail to you at your last known address of record, at least semi-annually after the first Policy Year, reports containing information required under the federal securities laws or by any other applicable law or regulation. Generally, NYLIAC will immediately mail to you confirmation of any transactions involving the Separate Account. When we receive premium payments on your behalf involving the Separate Account initiated through pre-authorized monthly deductions from banks (“Check-o-Matic”), payments forwarded by your employer (“list billing”), or through other payments made by pre-authorized deductions to which we agree, a summary of these policy transactions will only appear on your quarterly statement and you will not receive a confirmation statement after each such transaction. It is important that you review your confirmation and quarterly statements immediately to ensure that there are no errors. In order to correct an error,

 

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you must call it to our attention within fifteen (15) days of the date of the statement. It is important that you inform NYLIAC of an address change so that you can receive these policy statements (see Question 16 of this Prospectus). In the event your statement is returned from the US Postal Service as undeliverable, we reserve the right to suspend mailing future correspondence and also suspend current transaction processing until an accurate address is obtained. In addition, no new service requests can be processed until a valid current address is provided.

CHARGES AND DEDUCTIONS

Surrender Charges

Since no deduction for a sales charge is made from premium payments, we impose a surrender charge on certain partial withdrawals and surrenders of the policies. The surrender charge covers certain expenses relating to the sale of the policies, including commissions to registered representatives and other promotional expenses. We measure the surrender charge as a percentage of the amount withdrawn or surrendered. The surrender charge may apply to amounts applied under certain Income Payment options.

If you surrender your policy, we deduct the surrender charge from the amount paid to you. However, you can withdraw any investment gains under your policy without a surrender charge (see “Exceptions to Surrender Charges”, below). In the case of a partial withdrawal, you can direct NYLIAC to take surrender charges either from the remaining value of the Allocation Options and/or the DCA Advantage Account from which the partial withdrawals are made, or from the amount paid to you. If the remaining value in an Allocation Option and/or the DCA Advantage Account is less than the necessary surrender charge, we will not process the withdrawal.

The surrender charge is 7% of the amounts withdrawn or surrendered during the first three Policy Years. The percentage of the charge declines 1% for each additional Policy Year, until the ninth Policy Year, after which no surrender charge is made, as shown in the following chart:

Amount of Surrender Charge

 

Policy Year

   Charge  

1

     7

2

     7

3

     7

4

     6

5

     5

6

     4

7

     3

8

     2

9

     1

10+

     0

The duration of the surrender charge schedule is based solely on the Policy Date. Additional premium payments do not begin their own surrender charge schedules.

Exceptions to Surrender Charges

We will not assess a surrender charge:

 

  (a) on amounts you withdraw in any one Policy Year that are less than or equal to the greater of: (i) 10% of the Accumulation Value at the time of surrender or withdrawal, less any prior Surrender Charge free withdrawals during the Policy Year; (ii) 10% of the Accumulation Value as of the prior Policy Anniversary (10% of the premium payment if the withdrawal is made in the first Policy Year), less any prior Surrender Charge free withdrawals during the Policy Year; or (iii) the Accumulation Value less accumulated premium payments.

 

  (b) if NYLIAC cancels the policy;

 

  (c) when we pay proceeds upon the death of the policyowner;

 

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  (d) when you elect to receive a Life Income Payment in any Policy Year after the first Policy Anniversary;

 

  (e) when a required minimum distribution calculated based on the value of this policy is made under a Qualified Policy (this amount will, however, count against the first exception);

 

  (f)

on withdrawals at age 59 1/2 or older if the policy is tax-qualified and if the money withdrawn from the policy was transferred or rolled over from a NYLIAC fixed deferred annuity policy;

 

  (g) on withdrawals you make under the Living Needs Benefit Rider/Unemployment Rider;

 

  (h) when the aggregate surrender charges under a policy exceed 9.0% of the total premium payments;

 

  (i) on monthly or quarterly periodic partial withdrawals made pursuant to Section 72(t)(2)(A)(iv) of the Code; and

 

  (j) on amounts applied to Future Income Purchases, if applicable.

Other Charges

(a) Mortality and Expense Risk and Administrative Costs Charge

Prior to the Annuity Commencement Date, we deduct a charge from the assets of the Separate Account to compensate us for certain mortality and expense risks and administrative costs (M&E Charge) we assume under the policies and for providing policy administration services. You may choose to have the M&E Charge assessed based on either the Accumulation Value of the policy or the Adjusted Premium Payments.

We reduce the M&E Charge at the end of the period during which a surrender charge applies to the initial premium payment (the “Surrender Charge Period”).

For Accumulation Value based policies applied for on and after May 1, 2016, we assess the following M&E Charges:

 

   

During the Surrender Charge Period for the initial premium, the M&E Charge is 1.30% (annualized) of the daily average Variable Accumulation Value.

 

   

After the end of the Surrender Charge Period for the initial premium, the M&E Charge is 1.10% (annualized) of the daily average Variable Accumulation Value.

For Premium based policies applied for on and after May 1, 2016, we assess the following M&E Charges, which are deducted from the Investment Divisions through a reduction in Accumulation Units each policy quarter (excluding premiums allocated to the Fixed Account that are not transferred to the Investment Divisions):

 

   

During the Surrender Charge Period for the initial premium, the M&E Charge is 1.40% (annualized) of the Adjusted Premium Payments

 

   

After the end of the Surrender Charge Period for the initial premium, the M&E Charge is 1.20% (annualized) of the Adjusted Premium Payments.

For Accumulation Value based policies applied for before May 1, 2016, we assess the following M&E Charges:

 

   

During the Surrender Charge Period for the initial premium, the M&E Charge is 1.35% (annualized) of the daily average Variable Accumulation Value.

 

   

After the end of the Surrender Charge Period for the initial premium, the M&E Charge is 1.15% (annualized) of the daily average Variable Accumulation Value.

For Premium based policies applied for before May 1, 2016, we assess the following M&E Charges, which are deducted from the Investment Divisions through a reduction in Accumulation Units each policy quarter (excluding premiums allocated to the Fixed Account that are not transferred to the Investment Divisions):

 

   

During the Surrender Charge Period for the initial premium, the M&E Charge is 1.55% (annualized) of the Adjusted Premium Payments

 

   

After the end of the Surrender Charge Period for the initial premium, the M&E Charge is 1.35% (annualized) of the Adjusted Premium Payments.

For Accumulation Value based M&E Charge policies, the M&E Charge may vary based on the Accumulation Value of the policy when the M&E Charge is assessed. In most jurisdictions, for Premium based M&E Charge policies, the M&E

 

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Charge is assessed based on the Adjusted Premium Payments and will not vary with fluctuations in the policy’s Accumulation Value. We guarantee that this charge will not increase. If the charge is insufficient to cover actual costs and assumed risks, the loss will fall on NYLIAC. We expect to profit from this charge. We may use these proceeds for any corporate purpose, including expenses relating to the sale of the policies, to the extent that surrender charges do not adequately cover sales expenses.

The amount of Premium based M&E Charges assessed to your policy will be unaffected by fluctuations in market performance. In a rising market, the Premium based M&E Charge structure will benefit the policyowner because the Premium based M&E Charge, when measured as a percentage of separate account assets, will be reduced. In a flat or declining market, the Premium based M&E Charge structure will result in an increase in the charge when measured against separate account assets. The amount of Accumulation Value based M&E Charges assessed to your policy will be affected by fluctuations in market performance. However, the Accumulation Value based M&E Charge structure may be more advantageous in a flat or declining market.

The mortality risk assumed is the risk that Annuitants as a group will live for a longer time than our actuarial tables predict. As a result, we would be paying more Income Payments than we planned. We also assume a risk that the mortality assumptions reflected in our guaranteed annuity payment tables, shown in each policy, will differ from actual mortality experience. Lastly, we assume a mortality risk that, at the time of death, the guaranteed minimum death benefit will exceed the policy’s Accumulation Value. The expense risk assumed is the risk that the cost of issuing and administering the policies will exceed the amount we charge for these services. We expect to make a profit from this charge, which we may use for any purpose.

(b) Policy Service Charge

We deduct an annual policy service charge of $30 each Policy Year on the Policy Anniversary and upon surrender of the policy if on the Policy Anniversary and date of surrender the Accumulation Value is less than $50,000. We deduct the annual policy service charge from each Allocation Option and the DCA Advantage Account, if applicable, in proportion to its percentage of the Accumulation Value on the Policy Anniversary or date of surrender. This charge is designed to cover the costs for providing services under the policy such as collecting, processing and confirming premium payments and establishing and maintaining the available methods of payment.

(c) Fund Charges

The value of the assets of the Separate Account will indirectly reflect the Funds’ total fees and expenses. The Funds’ total fees and expenses are not part of the policy. They may vary in amount from year to year. These fees and expenses are described in detail in the relevant Fund’s prospectus and/or SAI.

Certain Eligible Portfolios may also impose liquidity or redemption fees on withdrawals (including transfers) pursuant to SEC rules, including Rules 2a-7 or 22c-2 under the Investment Company Act of 1940. In such cases, we would administer the Fund fees and deduct them from you Accumulation Value or transaction proceeds.

(d) Transfer Fees

There is no charge for the first 12 transfers in any one Policy Year. NYLIAC reserves the right to charge up to $30 for each transfer in excess of 12, subject to any applicable state insurance law requirements. Transfers made under traditional Dollar Cost Averaging, Interest Sweep, the DCA Advantage Account and Automatic Asset Rebalancing do not count toward this transfer limit.

(e) Annual Death Benefit Reset (ADBR) Rider Charge

If you select the ADBR Rider, we will deduct a charge each policy quarter that the Rider is in effect based on the amount that is guaranteed as of the last Reset Anniversary, less any Reset Value Proportional Reductions. In most jurisdictions, this charge will be deducted from each Investment Division, and the Fixed Account, in proportion to its percentage of the Accumulation Value of the applicable quarter and will not reduce your Adjusted Premium Payments. However, for policies issued in New York, this charge will be deducted only from the Variable Accumulation Value. This charge will continue to be deducted while the policy remains in-force.

If you applied for your policy before May 1, 2016, the charge for the ADBR Rider is based upon your age when the policy is issued, which will not change. The maximum annual charge is 1.00% of the most recent reset amount, or the initial premium payment in the first Policy Year. You should check with your registered representative to determine the percentage we are currently charging. For policies applied for before May 1, 2016, the ADBR Rider charge is as follows:

 

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Age of Oldest Owner at Issue

   Annual Charge  

65 or younger

     0.30% (.0750% per quarter)   

66 to 75 inclusive

     0.35% (.0875% per quarter)   

If you applied for your policy on and after May 1, 2016, the charge for the ADBR Rider, for policyholders of all ages, is 0.25% per year (0.0625% per quarter).

Group and Sponsored Arrangements

For certain group or sponsored arrangements, we may reduce the surrender charge and the policy service charge or change the minimum initial and additional premium payment requirements. Group arrangements include those in which a trustee or an employer, for example, purchases policies covering a group of individuals on a group basis. Sponsored arrangements include those in which an employer allows us to sell policies to its employees or retirees on an individual basis.

Our costs for sales, administration, and mortality generally vary with the size and stability of the group among other factors. We take all these factors into account when reducing charges. To qualify for reduced charges, a group or sponsored arrangement must meet certain requirements, including our requirements for size and number of years in existence. Group or sponsored arrangements that have been set up solely to buy policies or that have been in existence less than six months will not qualify for reduced charges.

We will make any reductions according to our rules in effect when an application or enrollment form for a policy is approved. We may change these rules from time to time. Any variation in the surrender charge or policy service charge will reflect differences in costs or services and will not be unfairly discriminatory.

Taxes

NYLIAC may, where premium taxes are imposed by state law, deduct such taxes from your policy either: (i) when a surrender, Future Income Purchase or cancellation occurs, or (ii) at the Annuity Commencement Date or the Future Income Start Date. Applicable premium tax rates depend upon such factors as your current state of residency, and the insurance laws and NYLIAC’s status in states where premium taxes are incurred. Current premium tax rates range from 0% to 3.5%. Applicable premium tax rates are subject to change by legislation, administrative interpretations or judicial acts.

We may in the future seek to amend the policies to deduct premium taxes when a premium payment is received.

Under present laws, NYLIAC will also incur state and local taxes (in addition to the premium taxes described above) in several states. NYLIAC may assess charges for such taxes.

NYLIAC does not expect to incur any federal income tax liability attributable to investment income or capital gains retained as part of the Separate Account reserves under the policies. (See “FEDERAL TAX MATTERS.”) Based upon these expectations, no charge is being made currently for corporate federal income taxes which may be attributable to the Separate Account. Such a charge may be made in future years for any federal income taxes NYLIAC incurs.

DISTRIBUTIONS UNDER THE POLICY

Surrenders and Withdrawals

You can make partial withdrawals, periodic partial withdrawals, hardship withdrawals or surrender the policy to receive part or all of the Accumulation Value at any time before the Annuity Commencement Date and while the Annuitant is living. To request a surrender or withdrawal, you can send a written request in Good Order to VPSC at one of the addresses listed on Question 15 of this Prospectus, or utilize any other method we make available. Fax transmissions are not acceptable and will not be honored at any time. In addition, we will not accept e-mailed requests or e-mails of imaged, signed requests. If the request is in Good Order, the amount available for withdrawal is the Accumulation Value at the end of the Business Day that VPSC receives the written request, less any outstanding loan balance, surrender charges, taxes that we may deduct, and the annual policy service charge, if applicable. If you have not provided us with a written election not to withhold federal income taxes at the time you make a withdrawal or surrender request, NYLIAC must by law withhold such taxes from the taxable portion of any surrender or withdrawal. We will remit that amount to the federal government. In addition, some states have enacted legislation requiring withholding. You can also request a partial withdrawal online using the VSC. Currently, online withdrawals cannot exceed $10,000. NYLIAC will pay all surrenders or withdrawals within seven days of receipt of all required information in Good Order (including documents necessary to

 

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comply with federal and state tax law), subject to postponement in certain circumstances. (See “DELAY OF PAYMENTS.”)

Since you assume the investment risk with respect to amounts allocated to the Separate Account and because certain surrenders or withdrawals are subject to a surrender charge and premium tax deduction, the total amount paid upon surrender of the policy (taking into account any prior withdrawals) may be more or less than the total premium payments made.

Surrenders and withdrawals may be taxable transactions, and the Code provides that a 10% penalty tax may be imposed on certain early surrenders or withdrawals (the penalty tax is increased to 25% in the case of a distribution from a SIMPLE IRA within the first two years of your participation in the SIMPLE IRA Plan.) (See “FEDERAL TAX MATTERS—TAXATION OF ANNUITIES IN GENERAL.”) In addition, taxable surrenders and withdrawals may be subject to an additional 3.8 percent tax on net investment income. (See “FEDERAL TAX MATTERS—3.8 Percent Tax on Certain Investment Income.”)

(a) Surrenders

We may deduct a surrender charge and any state premium tax, if applicable, any outstanding loan balance, and the annual policy service charge, if applicable, from the amount paid. We will pay the proceeds in a lump sum to you unless you elect a different Income Payment method. If your address or bank account information has been on file with us for less than 15 days, we may require additional verification of your identity, in Good Order, before we will process a request to send surrender proceeds electronically to that bank account or through the mail to that address. For requests to surrender amounts greater than $50,000, we may require a notarized confirmation of the owner(s) signature or medallion signature guarantee. (See “INCOME PAYMENTS.”) Surrenders may be taxable transactions and the 10% penalty tax provisions may be applicable. (See “FEDERAL TAX MATTERS—TAXATION OF ANNUITIES IN GENERAL.”)

(b) Partial Withdrawals

The minimum amount that can be withdrawn is $500, unless we agree otherwise. We will withdraw the amount from the Allocation Options in accordance with your request. If you do not specify how to allocate a partial withdrawal among the Allocation Options, we will deduct the partial withdrawal on a pro-rata basis. We will pay any partial withdrawals generally within seven days after we receive all of the necessary documentation and information. Your requested partial withdrawal will be effective on the date we receive your request in Good Order at the VPSC or online, through the VSC. However, if that day is not a Business Day or if your request is received after the close of the NYSE, then the requested partial withdrawal will be effective on the next Business Day. Partial withdrawals may be taxable transactions and the 10% penalty tax provisions may be applicable. (See “FEDERAL TAX MATTERS—TAXATION OF ANNUITIES IN GENERAL.”)

If the requested partial withdrawal is equal to the value in any of the Allocation Options from which the partial withdrawal is being made, we will pay the entire value of that Allocation Option and/or the DCA Advantage Account, less any surrender charge that may apply to you. If honoring a partial withdrawal request would result in an Accumulation Value that would provide Income Payments of less than $20 per month on the Annuity Commencement Date, we reserve the right to terminate your policy and pay you the Accumulation Value in a single sum, subject to any applicable state insurance law or regulation. We will notify you of our intention to exercise this right and give you 90 days to make a premium payment. If we terminate your policy, we will pay you the Accumulation Value of your policy in one lump sum.

Also note that partial withdrawal requests for amounts greater than $50,000 must be received in Good Order and include a notarized confirmation of the Owner(s) signature or a medallion signature guarantee. If your address or bank account information has been on file with us for less than 30 days, we will either require the request in writing or require additional verification of your identity, in a means acceptable to us, before we will process a request to send partial withdrawal proceeds electronically to that bank account or through the mail to that address. In addition, partial withdrawal requests made from policies that are less than 90 days old or that had an ownership change within 30 days of such partial withdrawal request must be made in writing and sent to VPSC at one of the addresses noted in Question 15 of this Prospectus. Faxed requests are not acceptable and will not be honored at any time. In addition, we will not accept e-mailed partial withdrawal requests or e-mails of imaged, signed requests.

(c) Periodic Partial Withdrawals

You may elect to receive regularly scheduled partial withdrawals from the policy. These periodic partial withdrawals may be paid on a monthly, quarterly, semi-annual, or annual basis. You will elect the frequency of the withdrawals and the day of the month for the withdrawals to be made (may not be the 29th, 30th or 31st of a month). We will make all withdrawals on the day of each calendar month you specify, or on the next Business Day (if the day you have specified is not a Business Day or does not exist in that month). To process Periodic Partial Withdrawals, you must send a written

 

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request in Good Order to VPSC at one of the addresses listed in Question 15 of this Prospectus. NYLIAC must receive a request in writing no later than five Business Days prior to the date the withdrawals are to begin. If your request for this option is received less than five Business Days prior to the date you request it to begin, the withdrawals will begin on the day of the month you specify in the month following the receipt of your request. Facsimile requests will not be accepted or processed. In addition, we will not accept e-mailed requests or e-mails of imaged, signed requests. You must specify the Allocation Options from which the periodic partial withdrawals will be made. The minimum amount under this feature is $100, or such lower amount as we may permit. Periodic partial withdrawals may be taxable transactions and the 10% penalty tax provisions may be applicable. (See “FEDERAL TAX MATTERS—TAXATION OF ANNUITIES IN GENERAL.”) If you do not specify otherwise, we will withdraw money on a pro-rata basis from each Investment Division and/or the Fixed Account. You may not make periodic partial withdrawals from the DCA Advantage Account.

You can elect to receive “Interest Only” periodic partial withdrawals for the interest earned on monies allocated to the Fixed Account. This option is not available for policies issued in the State of New York. If this option is chosen, the $100 minimum for periodic partial withdrawals will be waived. However, you must have at least $5,000 in the Fixed Account at the time of each periodic partial withdrawal, unless we agree otherwise.

(d) Hardship Withdrawals

Under certain Qualified Policies, the Plan Administrator (as defined in Code Section 414(g)) may allow, in its sole discretion, certain withdrawals it determines to be “Hardship Withdrawals.” The surrender charge and 10% penalty tax, if applicable, and provisions applicable to partial withdrawals apply to Hardship Withdrawals.

Required Minimum Distribution Option

For IRAs, SIMPLE IRAs and SEP IRAs, the policyowner is generally not required to elect the required minimum distribution option until April 1st of the year following the calendar year he or she attains age 70 1/2. For TSAs, the policyowner is generally not required to elect the required minimum distribution option until April 1st of the year following the calendar year he or she attains age 70 1/2 or until April 1st of the year following the calendar year he or she retires, whichever occurs later. For Inherited IRAs, the policyowner is required to take the first required minimum distribution on or before December 31 of the calendar year following the year of the original owner’s death.

Our Right to Cancel

If we do not receive any premium payments for a period of two years, and the Accumulation Value of your policy would provide Income Payments of less than $20 per month on the Annuity Commencement Date, we reserve the right to terminate your policy subject to any applicable state insurance law or regulation. We will notify you of our intention to exercise this right and, provided that you are not older than the maximum age for making a premium payment as stated on the Policy Data Page, give you 90 days to make a premium payment. If we terminate your policy, we will pay you the Accumulation Value of your policy in one lump sum.

Annuity Commencement Date

The Annuity Commencement Date is the date specified on the Policy Data Page. The Annuity Commencement Date is the day that Income Payments are scheduled to commence (sometimes referred to as annuitization of the policy) unless the policy has been surrendered or an amount has been paid as proceeds to the designated Beneficiary prior to that date. The earliest possible annuity commencement date is the first Policy Anniversary. If we agree, you may change the Annuity Commencement Date to an earlier date. If we agree, you may also defer the Annuity Commencement Date to a later date, provided that we receive notice in a form acceptable to us (or as required under state law) of the request at least one month before the last selected Annuity Commencement Date. To request to change or defer the Annuity Commencement Date to a later date, subject to the constraints noted above, you must provide notice in a form acceptable to us (or as required under state law) in Good Order to VPSC at one of the addresses listed in Question 15 of this Prospectus.

The Annuity Commencement Date and Income Payment method for Qualified Policies may also be controlled by endorsements, the plan, or applicable law.

Death Before Annuity Commencement

Unless amended by any rider attached to the policy, if the Owner dies prior to the Annuity Commencement Date, we will pay an amount as proceeds to the designated Beneficiary, as of the date VPSC receives proof of death and all requirements necessary to make the payment at one of the addresses listed in Question 15 of this Prospectus. With a jointly owned policy, ownership rights and privileges under the policy must be exercised jointly and benefits under the policy will be paid upon the death of any joint owner. (See “FEDERAL TAX MATTERS—TAXATION OF ANNUITIES IN

 

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GENERAL.”) For policies owned by a grantor trust, all of whose grantors are individuals, benefits will be paid upon the death of any grantor. The amount will be the greatest of:

 

  (a) the Accumulation Value; or

 

  (b) the Return of Premium Death Benefit; or

 

  (c) the Accumulation Value as of the Policy Anniversary immediately following the expiration of the Surrender Charge Period for the first premium payment, plus any other premium payments made since that Policy Anniversary, reduced proportionally by any amounts withdrawn from the policy since that Policy Anniversary.

We will make payments in a lump sum to the Beneficiary unless you have elected or the Beneficiary elects otherwise in a signed written notice in Good Order. If such an election is properly made, we will apply all or part of these proceeds:

 

  (i) under the Life Income Payment option to provide an immediate annuity for the Beneficiary who will be the policyowner and Annuitant; or

 

  (ii) under another Income Payment option we may offer at the time.

Payments under the annuity or under any other method of payment we make available must be for the life of the Beneficiary, or for a number of years that is not more than the life expectancy of the Beneficiary at the time of the policyowner’s death (as determined for federal tax purposes), and must begin within one year after the policyowner’s death. (See “INCOME PAYMENTS.”)

If your spouse (as defined under Federal law) is the sole primary Beneficiary, we can pay the proceeds to the surviving spouse if you die before the Annuity Commencement Date or the policy can continue with the surviving spouse as (a) the new policyowner and, (b) the Annuitant, if you were the Annuitant. For policies with one Annuitant, if the Annuitant is not the Owner and the Annuitant dies before the Annuity Commencement Date, the Owner will become the Annuitant, and the policy will continue.

We will make any distribution or application of policy proceeds within 7 days after VPSC receives all documents (including documents necessary to comply with federal and state tax law) in connection with the event or election that causes the distribution to take place at one of the addresses listed in Question 15 of this Prospectus, subject to postponement in certain circumstances. (See “DELAY OF PAYMENTS.”)

Income Payments

(a) Election of Income Payment Options

On the Annuity Commencement Date, the Accumulation Value will be applied to provide a monthly Income Payment. We will make Income Payments under the Life Income – Guaranteed Period Payment option. However, on or before the Annuity Commencement Date, You can elect to receive Income Payments under such other option we may offer at that time where permitted by state laws. (See “ANNUITY PAYMENTS” in the Statement of Additional Information.) We will require that a lump sum payment be made if the Accumulation Value is an amount that would provide Income Payments of less than $20 a month on the Annuity Commencement Date. If the Life Income – Guaranteed Period Payment option is not chosen, you may change the Income Payment option or request any other method of payment we agree to at any time before the Annuity Commencement Date. To change the Income Payment option or to request another method of payment prior to the Annuity Commencement Date, you must send a written request in Good Order to VPSC at one of the addresses listed in Question 15 of this Prospectus. However, once payments begin, you may not change the option. If the Life Income Payment option is chosen, we may require proof of birth date before Income Payments begin. For Income Payment options involving life income, the actual age of the Annuitant(s) will affect the amount of each payment. Since payments based on older Annuitants are expected to be fewer in number, the amount of each annuity payment should be greater. We will make payments under the Life Income Payment option in the same specified amount and over the life of the Annuitant(s) with a guarantee of 10 years of payments, even if an Annuitant dies sooner. NYLIAC does not currently offer variable Income Payment options.

A policyholder may elect to apply a portion of the Accumulation Value toward one of the Income Payment options we may offer, while the remainder of the policy continues to accumulate income on a tax-deferred basis. This is called a partial annuitization. A partial annuitization will reduce the benefits provided under this policy. The Accumulation Value will be reduced by the amount placed under one of the Income Payment options we may offer. Under a partial annuitization, the policy’s Accumulation Value, any riders under the policy and any charges assessed will be treated the same as they would under any other withdrawal from the policy’s Accumulation Value, except that surrender charges will not be assessed. (See “FEDERAL TAX MATTERS.”)

 

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Under Income Payment options involving life income, the Payee may not receive Income Payments equal to the total premium payments made under the policy if the Annuitant dies before the actuarially predicted date of death. We base Income Payment options involving life income on annuity tables that vary on the basis of gender, unless the policy was issued under an employer sponsored plan or in a state which requires unisex rates.

Taxable Income Payments may be subject to an additional 3.8 percent tax on net investment income. (See “FEDERAL TAX MATTERS—3.8 Percent Tax on Certain Investment Income.”)

(b) Proof of Survivorship

We may require satisfactory proof of survival from time to time, before we pay any Income Payments or other benefits. We will request the proof at least 30 days prior to the next scheduled payment date.

Delay of Payments

We will pay any amounts due from the Separate Account under the policy within seven (7) days of the date VPSC receives all documents (including documents necessary to comply with federal and state tax law) in connection with a payment request at one of the addresses listed in Question 15 of this Prospectus.

Situations where payment may be delayed:

 

  1. We may delay payment of any amounts due from the Separate Account under the policy and transfers among Investment Divisions during any period that:

 

  (a) The New York Stock Exchange (“NYSE”) is closed, for other than usual weekends or holidays, trading is restricted by the Securities and Exchange Commission (SEC) or the SEC declares that an emergency exists;

 

  (b) The SEC, by order, permits us to delay payment in order to protect our policyowners; or

 

  (c) The check used to pay the premium has not cleared through the banking system. This may take up to fifteen (15) days.

 

  2. We may delay payment of any amounts due from the Fixed Account and/or the DCA Advantage Account . When permitted by law, we may defer payment of any partial withdrawal or full surrender request for up to six months from the date of surrender from the Fixed Account and/or the DCA Advantage Account . We will pay interest of at least 1.0% per year on any partial withdrawal or full surrender request deferred for 30 days or more.

 

  3. Federal laws made to combat terrorism and prevent money laundering by criminals might, in certain circumstances, require us to reject a premium payment and/or “freeze” a policy. If these laws apply in a particular policy(ies), we would not be allowed to pay any request for transfers, partial withdrawals, surrenders or death benefits. If a policy or an account is frozen, the Accumulation Value would be moved to a special segregated interest-bearing account and held in that account until we receive instructions from the appropriate federal regulator.

Designation of Beneficiary

You may select one or more Beneficiaries and name them in the application. Thereafter, before the Annuity Commencement Date and while you are living, you may change the Beneficiary by written notice in Good Order sent to one of the addresses listed in Question 15 of this Prospectus, or you may change a Beneficiary using the Virtual Service Center (VSC). If before the Annuity Commencement Date, the Annuitant dies while you are still living, you will become the new Annuitant under the policy. If you are the Annuitant, the proceeds pass to your Beneficiary.

If no Beneficiary for any amount payable, or for a stated share, survives you, the right to this amount or this share will pass to your estate. Payment of the proceeds will be made in a single sum to your estate. If any Beneficiary dies at the same time as you, or within fifteen (15) days after your death, but before we receive proof of death and all claim information in Good Order, we will pay any amount payable as though the Beneficiary died first.

Every state has unclaimed property laws, which generally declare an annuity policy to be abandoned after a period of inactivity of three to five years from the policy’s maturity date or the date the death benefit is due and payable. If, after a thorough search, we are unable to locate you after your policy’s Annuity Commencement Date, or if we are unable to locate your Beneficiary if you die before the Annuity Commencement Date, or you or the Beneficiary do not come forward to claim the policy proceeds or death benefit in a timely manner, the proceeds or death benefit may be paid to the abandoned property division or unclaimed property office of the state in which the beneficiary or the annuitant last resided, as shown on our books and records, or to Delaware (our state of domicile). This escheatment is revocable, however, and

 

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the state is obligated to pay back the escheated amount if you or your beneficiary steps forward to claim it with the proper documentation. To prevent such escheatment, it is important that you update your Beneficiary designation, including addresses, if and as they change. Please contact us at 1-800-598-2019, or send written notice to one of the addresses in Question 15 of the section of the Prospectus entitled, “Questions and Answers About New York Life Flexible Premium Variable Annuity III.”

Restrictions Under Code Section 403(b)(11)

With respect to 403(b) TSAs, distributions attributable to salary reduction contributions made in years beginning after December 31, 1988 (including the earnings on these contributions), as well as to earnings in such years on salary reduction accumulations held as of the end of the last year beginning before January 1, 1989, may not begin before the employee attains age 59 1/2, has a severance from employment, dies or becomes disabled. The Code section 403(b) plan may also provide for distribution in the case of hardship. However, hardship distributions are limited to amounts contributed by salary reduction. The earnings on such amounts may not be withdrawn. Even though a distribution may be permitted under these rules (e.g., for hardship or due to a severance from employment), it may still be subject to a 10% additional income tax as a premature distribution.

Under the final Code section 403(b) regulations, which the Department of Treasury published on July 26, 2007, employer contributions made to Code section 403(b) TSA contracts will be subject to new withdrawal restrictions. Under the new rules, amounts attributable to employer contributions to a Code section 403(b) TSA contract that is issued after December 31, 2008 may not be distributed earlier than the earliest of severance from employment or upon the occurrence of a certain event, such as after a fixed number of years, the attainment of a stated age, or disability. These new withdrawal restrictions do not apply to Code section 403(b) TSA contracts issued before January 1, 2009.

Under the terms of your Code section 403(b) plan, you may have the option to invest in other funding vehicles, including Code section 403(b)(7) custodial accounts. You should consult your plan document to make this determination.

Loans

Loans are available only if you have purchased an Accumulation Value based M&E Charge policy in connection with a 403(b) plan and may not be available in all states for plans subject to the Employment Retirement Income Security Act of 1974 (ERISA). To request a TSA loan, you must send a written request in Good Order to VPSC. If your address or bank account information has been on file with us for less than 15 days, we may require additional verification of your identity, in a form acceptable to us, before we will process a request to send loan proceeds electronically to that bank account or through the mail to that address. Under your 403(b) policy, you may borrow against your policy’s Accumulation Value after the first Policy Year and prior to the Annuity Commencement Date. Unless we agree otherwise, only one loan may be outstanding at a time. There must be a minimum Accumulation Value of $5,000 in the policy at the time of the loan. The minimum loan amount is $500. The maximum loan that you may take is the lesser of: (a) 50% of the policy’s Accumulation Value on the date of the loan or (b) $50,000 minus your highest outstanding principal balance in the previous 12 months from your policy and any qualified employer plan (as defined under Sections 72(p)(4) and 72(p)(2)(D) of the Code). Please note that adverse tax consequences could result from your failure to comply with this limitation. NYLIAC, and its affiliates and agents do not provide legal or tax advice nor assume responsibility or liability for any legal or tax consequences of any TSA loan taken under a 403(b) policy or the compliance of such loan with the Code limitations set forth in this paragraph or for determining whether any plan or loan is subject to and/or complies with ERISA.

We withdraw a loan processing fee of $25 from the Accumulation Value on a pro rata basis, unless prohibited by applicable state law or regulation. If on the date of the loan you do not have a Fixed Accumulation Value equal to at least 125% of the loan amount, we will transfer sufficient Accumulation Value from the Investment Divisions and/or the DCA Advantage Account on a pro rata basis so that the Fixed Accumulation Value equals 125% of the loan amount. While a loan is outstanding, you may not make partial withdrawals or transfers which would reduce the Fixed Accumulation Value to an amount less than 125% of the outstanding loan balance.

For all loans, of the assets being held in the Fixed Account to secure 125% of the loan amount, the interest rate credited to the amount representing the outstanding loan balance will be 2% less than the interest rate charged on the loan. The additional 25% being held in the Fixed Account to secure the loan will be credited with the current declared interest rate for both non-ERISA and ERISA subject plans. The credited interest rate will always be at least equal to the minimum guaranteed interest rate stated on the Policy Data Page.

For plans subject to ERISA, interest charged will be based on the Prime Rate, as reported in the Wall Street Journal on the first Business Day of a calendar year or the Moody’s Corporate Bond Yield Average as of two months before the

 

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date the rate is determined. The rate is determined on the first Business Day of the calendar year. We will assess interest in arrears as part of the periodic loan repayments.

You must repay the loan on a periodic basis not less frequent than quarterly and over a period no greater than five years from the date it is taken. If a loan repayment is in default, we will withdraw the amount in default from the Fixed Accumulation Value to the extent permitted by federal income tax rules. We will take such a repayment on a first-in, first-out (FIFO) basis from amounts allocated to the Fixed Account.

We permit loans to acquire a principal residence under the same terms described above, except that:

 

  (a) the minimum loan amount is $5,000; and

 

  (b) repayment of the loan amount may be extended to a maximum of twenty-five years.

We deduct any outstanding loan balance including any accrued interest from the Fixed Accumulation Value prior to payment of a surrender or the commencement of the annuity benefits. On death of the policyowner or Annuitant, we deduct any outstanding loan balance from the Fixed Accumulation Value as a partial withdrawal as of the date we receive the notice of death.

Loans are subject to the terms of the policy, your 403(b) plan and the Code, which may impose restrictions upon them. We reserve the right to suspend, modify, or terminate the availability of loans under this policy at any time. However, any action taken by us will not affect already outstanding loans. Also note that for Premium Based M&E Charge policies purchased in connection with TSA plans, you may not borrow any portion of your Accumulation Value.

THE FIXED ACCOUNT

The Fixed Account is held by the assets in NYLIAC’s general account, which includes all of NYLIAC’s assets except those assets specifically allocated to NYLIAC’s separate accounts. NYLIAC has sole discretion to invest the assets of the Fixed Account subject to applicable law. The Fixed Account is not registered under the federal securities laws and is generally not subject to their provisions. Therefore, generally you do not have the benefits and protections of these statutes for amounts allocated to the Fixed Account. These disclosures regarding the Fixed Account may be subject to certain applicable provisions of the federal securities laws relating to the accuracy and completeness of statements made in prospectuses.

(a) Interest Crediting

NYLIAC guarantees that it will credit interest at an annual effective rate of at least the minimum guaranteed interest rate stated on the Policy Data Page of your policy, to amounts allocated or transferred to the Fixed Account under the policies. As of the date of this Prospectus, the guaranteed minimum interest rate is 0.05%. Please contact your registered representative for the current guaranteed minimum interest rate. We credit interest on a daily basis. NYLIAC may, at its sole discretion, credit a higher rate or rates of interest to amounts allocated or transferred to the Fixed Account.

Interest rates will be set on the anniversary of each premium payment or transfer. All premium payments, and additional amounts (including transfers from other Investment Divisions) allocated to the Fixed Account, plus prior interest earned on such amounts, will receive their applicable interest rate for one year periods from the anniversary on which the allocation or transfer was made. The Fixed Account Accumulation Value will never be less than the Fixed Account portion of the Nonforfeiture Value.

(b) Transfers to Investment Divisions or an Asset Allocation Model

Generally, you may transfer amounts from the Fixed Account (if applicable) to the Investment Divisions or an Asset Allocation Model up to thirty (30) days prior to the Annuity Commencement Date, subject to the following conditions.

1. The maximum amount you are allowed to transfer from the Fixed Account to the Investment Divisions or an Asset Allocation Model, including Interest Sweep transfers, during any Policy Year while the surrender charge period for the initial premium payment is in effect is 25% of the highest attained Fixed Account Accumulation Value as of the beginning of each Policy Year. When the surrender charge period is no longer in effect, the maximum amount that you are allowed to transfer from the Fixed Account to the Investment Divisions or an Asset Allocation Model may not exceed 50% of the highest attained Fixed Account Accumulation Value as of the beginning of each Policy Year, regardless of any new surrender charge periods applicable to additional premium payments. The highest attained Fixed Account Accumulation Value will decrease by the amount of any withdrawals made from the Fixed Account, and increase by the amount of any additional premium payments made to the Fixed Account. When the Fixed Account

 

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Accumulation Value is zero, all previous Fixed Account Accumulation values are disregarded, and the next premium payment to the Fixed Account will then be considered the highest attained Fixed Account Accumulation Value until a subsequent anniversary results in a higher balance.

2. The remaining value in the Fixed Account after a transfer from the Fixed Account to the Investment Divisions or an Asset Allocation Model must be at least $25. If, after a contemplated transfer, the remaining value in the Fixed Account would be less than $25, that amount must be included in the transfer, unless NYLIAC in its discretion permits otherwise. We determine amounts transferred from the Fixed Account on a first-in, first-out (FIFO) basis, for purposes of determining the rate at which we credit interest on amounts remaining in the Fixed Account.

3. No transfers are allowed into the Fixed Account for Premium based M&E Charge policies.

For Premium based M&E Charge policies, premium payments transferred from the Fixed Account to the Investment Divisions or an Asset Allocation Model are subject to a Mortality and Expense Risk and Administrative Costs Charge.

Except as part of an existing request relating to traditional Dollar Cost Averaging, the DCA Advantage Account or Interest Sweep, you may not transfer money into the Fixed Account if you made a transfer out of the Fixed Account during the previous six- month period.

You must make transfer requests in writing in Good Order and sent to VPSC at one of the addresses listed in Question 15 of this Prospectus, by telephone in accordance with established procedures or through our Virtual Service Center. Facsimile requests will not be accepted or processed. In addition, we will not accept e-mailed requests or e-mails of imaged, signed requests.

We will deduct partial withdrawals and apply any surrender charges to the Fixed Account on a FIFO basis (i.e., from any value in the Fixed Account attributable to premium payments or transfers from Investment Divisions or an Asset Allocation Model in the same order in which you allocated such payments or transfers to the Fixed Account during the life of the policy).

THE DCA ADVANTAGE ACCOUNT

Like the Fixed Account, the DCA Advantage Account is also held in NYLIAC’s general account. The DCA Advantage Account is not registered under the federal securities laws. The information contained in the first paragraph under “THE FIXED ACCOUNT” equally applies to the DCA Advantage Account.

NYLIAC will set interest rates in advance for each date on which we may receive a premium payment to the DCA Advantage Account. We will never declare less than the minimum guaranteed interest rate stated on the Policy Data Page of your policy. Premium payments into the DCA Advantage Account will receive the applicable interest rate in effect on the Business Day we receive the premium payment. Interest rates for subsequent premium payments made into the DCA Advantage Account may be different from the rate applied to prior premium payments made into the DCA Advantage Account. The DCA Advantage Account Accumulation Value will never be less than the DCA Advantage Account portion of the Nonforfeiture Value.

The annual effective rate that we declare is credited only to amounts remaining in the DCA Advantage Account. We credit the interest on a daily basis. Because money is periodically transferred out of the DCA Advantage Account, amounts in the DCA Advantage Account will not achieve the declared annual effective rate. Please note that interest credited under the DCA Advantage Account will exceed the actual investment earnings of NYLIAC less appropriate risk and expense adjustments. Excess interest amounts credited to the DCA Advantage Account will be recovered by fees and charges associated with the Investment Divisions in later Policy Years. The interest credited in later Policy Years may be less than that for the first Policy Year.

FEDERAL TAX MATTERS

Introduction

The following discussion is general and is not intended as tax advice. We issue Qualified and Non-Qualified Policies. Both types of policies offer tax-deferred accumulation. You may purchase a Non-Qualified Policy to provide for retirement income other than through a tax-qualified plan. The Qualified Policies are designed for use by individuals in retirement plans which are intended to qualify as plans qualified for special income tax treatment under Sections 219, 403, 408 or 408A of the Code. The ultimate effect of federal income taxes on the Accumulation Value, on Income Payments and on the economic benefit to you, the Annuitant or the Beneficiary depends on the type of retirement plan for which the Qualified Policy is purchased, on the tax and employment status of the individual concerned and on NYLIAC’s tax status.

 

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The following discussion assumes that Qualified Policies are used in retirement plans that qualify for the special federal income tax treatment described above. This discussion is not intended to address the tax consequences resulting from all of the situations in which a person may be entitled to or may receive a distribution under a policy. Any person concerned about these tax implications should consult a tax adviser before making a premium payment. This discussion is based upon NYLIAC’s understanding of the present federal income tax laws as they are currently interpreted by the Internal Revenue Service. We cannot predict the likelihood of continuation of the present federal income tax laws or of the current interpretations by the Internal Revenue Service, which may change from time to time without notice. Any such change could have retroactive effects regardless of the date of enactment. Moreover, this discussion does not take into consideration any applicable state or other tax laws except with respect to the imposition of any state premium taxes. We suggest you consult with your tax adviser.

Taxation of Annuities in General

The following discussion assumes that the policies will qualify as annuity contracts for federal income tax purposes. The Statement of Additional Information discusses such qualifications.

Section 72 of the Code governs taxation of annuities in general. NYLIAC believes that an annuity policyowner generally is not taxed on increases in the value of a policy until distribution occurs either in the form of a lump sum received by withdrawing all or part of the Accumulation Value (i.e., surrenders or partial withdrawals) or as Income Payments under the Income Payment option elected. The exception to this rule is that generally, a policyowner of any deferred annuity policy who is not a natural person must include in income any increase in the excess of the policyowner’s Accumulation Value over the policyowner’s investment in the contract during the taxable year. However, there are some exceptions to this exception. You may wish to discuss these with your tax counsel. The taxable portion of a distribution (in the form of an annuity or lump sum payment) is generally taxed as ordinary income. For this purpose, the assignment, pledge, or agreement to assign or pledge any portion of the Accumulation Value generally will be treated as a distribution.

In the case of a withdrawal or surrender distributed to a participant or Beneficiary under a Qualified Policy, a ratable portion of the amount received is taxable, generally based on the ratio of the investment in the contract to the total policy value. The “investment in the contract” generally equals the portion, if any, of any premium payments paid by or on behalf of an individual under a policy which is not excluded from the individual’s gross income. For policies issued in connection with qualified plans, the “investment in the contract” can be zero. The law requires the use of special simplified methods to determine the taxable amount of payments that are based in whole or in part on the Annuitant’s life and that are paid from TSAs.

Generally, in the case of a withdrawal under a Non-Qualified Policy before the Annuity Commencement Date, amounts received are first treated as taxable income to the extent that the Accumulation Value immediately before the withdrawal exceeds the “investment in the contract” at that time. Any additional amount withdrawn is not taxable. On the other hand, upon a full surrender of a Non-Qualified Policy, if the “investment in the contract” exceeds the Accumulation Value (less any surrender charges), the loss is treated as an ordinary loss for federal income tax purposes. However, limitations may apply to the amount of the loss that may be deductible. It is the IRS’s view that a loss on the surrender of a variable annuity contract is treated as a miscellaneous itemized deduction subject to the 2% of adjusted gross income limit.

Although the tax consequences may vary depending on the Income Payment option elected under the policy, in general, only the portion of the Income Payment that represents the amount by which the Accumulation Value exceeds the “investment in the contract” will be taxed. After the investment in the Policy is recovered, the full amount of any additional Income Payments is taxable. For fixed Income Payments, in general, there is no tax on the portion of each payment which represents the same ratio that the “investment in the contract” bears to the total expected value of the Income Payments for the term of the payments. However, the remainder of each Income Payment is taxable until the recovery of the investment in the contract, and thereafter the full amount of each annuity payment is taxable. If death occurs before full recovery of the investment in the contract, the unrecovered amount may be deducted on the Annuitant’s final tax return.

Effective for amounts received in taxable years beginning after December 31, 2010, a policyowner may elect to apply a portion of the Accumulation Value towards one of the Income Payment options we may offer, while the remainder of the policy continues to accumulate income on a tax-deferred basis. This is called a partial annuitization. If a policyowner chooses to partially annuitize a policy, the resulting payments will be taxed as fixed Income Payments described above, only if such payments are received for one of the following periods: (1) the annuitant’s life (or the lives of the joint annuitants, if applicable), or (2) a period of 10 years or more. Provided such requirements are met, the “investment in the contract” will be allocated pro rata between each portion of the policy from which amounts are received as an annuity and the portion of the policy from which amounts are not received as an annuity. It is our understanding that the

 

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commencement of Future Income Payments before the Annuity Commencement Date will be treated as a partial annuitization of the policy. As such, the investment in the contract will be allocated pro rata between the Future Income Payments and the Accumulation Value. Although there is some uncertainty regarding when the investment in the contract should be allocated, we believe that allocation at commencement of Future Income Payments is consistent with Code Section 72(a)(2), which provides for partial annuitization treatment if any amount is “received” as an annuity (and other applicable requirements are met). In light of this uncertainty, however, you should consult a tax adviser before making a Future Income Purchase.

In the case of a distribution, a penalty tax equal to 10% of the amount treated as taxable income may be imposed. The penalty tax is not imposed in certain circumstances, including, generally, distributions: (1) made on or after the date on which the policyowner attains age 59 1/2, (2) made as a result of the policyowner’s (or, where the policyowner is not an individual, the Annuitant’s) death, (3) made as a result of the policyowner’s disability, (4) which are part of a series of substantially equal periodic payments (at least annually) made for the life (or life expectancy) of the policyowner or the joint lives (or joint life expectancies) of the policyowner and his or her designated beneficiary, or (5) received from an Inherited IRA. Other tax penalties may apply to certain distributions pursuant to a Qualified Policy.

All non-qualified, deferred annuity contracts issued by NYLIAC (or its affiliates) to the same policyowner during any calendar year are to be treated as one annuity contract for purposes of determining the amount includible in an individual’s gross income. In addition, there may be other situations in which the Treasury Department may conclude (under its authority to issue regulations) that it would be appropriate to aggregate two or more annuity contracts purchased by the same policyowner. Accordingly, a policyowner should consult a tax adviser before purchasing more than one policy or other annuity contract.

A transfer of ownership of a policy, or designation of an Annuitant or other Beneficiary who is not also the policyowner, may result in certain income or gift tax consequences to the policyowner. A policyowner contemplating any transfer or assignment of a policy should consult a tax adviser with respect to the potential tax effects of such a transaction.

3.8 Percent Tax on Certain Investment Income

In general, a tax of 3.8 percent will apply to net investment income (“NII”) received by an individual taxpayer to the extent his or her modified adjusted gross income (“MAGI”) exceeds certain thresholds (e.g., $250,000 in the case of taxpayers filing jointly, $125,000 in the case of a married taxpayer filing separately and $200,000 in the case of other individual taxpayers). For this purpose, NII includes (i) gross income from various investments, including gross income received with respect to annuities that are not held through a tax-qualified plan (e.g., a traditional IRA or Section 403(b) plan) and (ii) net gain attributable to the disposition of property. Such NII (as well as gross income from tax qualified plans) will also increase a taxpayer’s MAGI for purposes of the taxable thresholds described above. This tax also applies to trusts and estates under a special set of rules. In 2012 the IRS and the Treasury Department issued guidance regarding this new tax in the form of proposed regulations, which were finalized in 2013. You should consult your tax advisor to determine the applicability of this tax in your individual circumstances and with respect to any amount received in connection with the surrender of this policy, distributions or withdrawals from this policy or the exercise of other rights and features under this annuity contract.

Partial Section 1035 Exchanges

Section 1035 of the Code provides that an annuity contract may be exchanged in a tax-free transaction for another annuity contract or a long-term care insurance policy. The IRS has issued guidance which provides that the direct transfer of a portion of an annuity contract into another annuity contract can qualify as a tax-free exchange, provided that no amounts (other than annuity payments made for life or for a term of at least 10 years) are distributed from either contract involved in the exchange for 180 days following the date of the transfer. If a taxpayer takes a distribution during this 180-day waiting period, the IRS guidance provides that the IRS will apply general tax principles to determine the tax treatment of the transfer and/or the distribution (e.g., in appropriate circumstances, as taxable “boot” or as a taxable distribution, effectively negating the tax-free exchange).

This IRS guidance, however, does not address the tax treatment of a partial exchange of an annuity contract for a long-term care insurance policy. Although we believe that taking a distribution or withdrawal from the Contract described in this prospectus within 180 days of a partial exchange of such Contract for a long-term care insurance policy should not cause such prior partial exchange to be treated as taxable, there can be no assurance that the IRS will not expand the 180-day rule described above to partial exchanges of an annuity contract for a long-term care insurance policy, or that the IRS will not provide other guidance with respect to such partial exchanges. If you contemplate such an exchange, you should consult a tax advisor to discuss the potential tax effects of such a transaction.

 

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Qualified Policies

Qualified Policies are designed for use with retirement plans that qualify for special federal income tax treatment under Sections 219, 403(b), 408, and 408A of the Code. The tax rules applicable to participants and beneficiaries in these plans vary according to the type of plan and the terms and conditions of the plan itself. Special favorable tax treatment may be available for certain types of contributions and distributions (including special rules for certain lump sum distributions to individuals who attained the age of 50 by January 1, 1986). Adverse tax consequences may result from contributions in excess of specified limits, distributions prior to age 59 1/2 (subject to certain exceptions), distributions that do not conform to specified minimum distribution rules and in certain other circumstances. Therefore, this discussion only provides general information about the use of Qualified Policies with the plans described below. Policyowners and participants under these plans, as well as Annuitants and Beneficiaries are cautioned that the rights of any person to any benefits under the plans may be subject to the terms and conditions of the plans themselves, regardless of the terms and conditions of the policy issued in connection with the plan. Purchasers of Qualified Policies should seek legal and tax advice regarding the suitability of the policy.

(a) 403(b) Plans. Under Section 403(b) of the Code, payments made by public school systems and certain tax exempt organizations to purchase annuity policies for their employees are excludible from the gross income of the employee, subject to certain limitations. However, such payments may be subject to FICA (Social Security) taxes.

Important Information Regarding Final Code Section 403(b) Regulations

On July 26, 2007, the Department of the Treasury published final Code section 403(b) regulations that were largely effective on January 1, 2009. These comprehensive regulations include several new rules and requirements, such as a requirement that employers maintain their Code section 403(b) plans pursuant to a written plan. The final regulations, subsequent IRS guidance, and the terms of the written plan and/or the written information sharing agreement between the employer and NYLIAC may impose new restrictions on both new and existing Code section 403(b) TSA contracts, including restrictions on the availability of loans, distributions, transfers and exchanges, regardless of when a contract was purchased.

Prior to the effective date of the final regulations, IRS guidance applicable to tax-free transfers and exchanges of Code section 403(b) TSA contracts or custodial accounts became effective September 25, 2007, replacing existing rules under IRS Revenue Ruling 90-24 previously applicable to such transfers and exchanges (a “90-24 transfer”). Under this guidance, transfers and exchanges (both referred to below as “transfers”) are available only to the extent permitted under the employer’s written Code section 403(b) plan.

Transfers occurring after September 24, 2007 that do not comply with this guidance can result in the applicable contract becoming taxable on January 1, 2009, or the date of the transfer, whichever is later. If you make a transfer to a contract or custodial account that is not part of the employer’s Code section 403(b) plan (other than a transfer to a different plan), and the contract provider and employer fail to enter into an information sharing agreement by January 1, 2009, the transfer would be considered a “failed” transfer, resulting in the applicable contract becoming subject to tax. Additional guidance issued by the IRS generally permits a failed transfer to be corrected no later than June 30, 2009, by re-transferring to a contract or custodial account that is part of the employer’s Code section 403(b) plan and/or that is subject to an information-sharing agreement with the employer.

In general, certain contracts originally established by a 90-24 transfer prior to September 25, 2007, are exempt (or grandfathered) from some of the requirements of the final regulations; provided that no salary reduction or other contributions have ever been made to such contracts, and that no additional transfers are made to such contracts on or after September 25, 2007. Further, contracts that are not grandfathered are generally required to be part of, and subject to the requirements of, an employer’s written Code section 403(b) plan no later than by January 1, 2009.

The new rules in the final regulations generally do not affect a participant’s ability to transfer some or all of a Code section 403(b) TSA contract to a state-defined benefit plan to purchase service credits, where such a transfer is otherwise consistent with applicable rules and requirements and with the terms of the employer’s plan.

You should discuss with your tax advisor the final Code section 403(b) regulations and other applicable IRS guidance in order to determine the impact they may have on any existing Code section 403(b) TSA contracts that you may own and/or on any Code section 403(b) TSA contract that you may consider purchasing.

(b) Individual Retirement Annuities. Sections 219 and 408 of the Code permit individuals or their employers to contribute to an individual retirement program known as an “Individual Retirement Annuity” or “IRA”, including an employer-sponsored Simplified Employee Pension or “SEP”. Individual Retirement Annuities are subject to limitations

 

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on the amount which may be contributed and deducted and the time when distributions may commence. In addition, distributions from certain other types of qualified plans may be placed into IRAs on a tax-deferred basis.

(c) Roth Individual Retirement Annuities. Section 408A of the Code permits individuals with incomes below a certain level to contribute to an individual retirement program known as a “Roth Individual Retirement Annuity” or “Roth IRA.” Roth IRAs are subject to limitations on the amount that may be contributed. Contributions to Roth IRAs are not deductible, but distributions from Roth IRAs that meet certain requirements are not included in gross income. Individuals generally may convert their existing non-Roth IRAs into Roth IRAs. Beginning in 2008, a direct rollover may also be made from an eligible retirement plan other than a non-Roth IRA (such as a qualified retirement plan, section 403(b) tax sheltered annuity, or eligible governmental section 457 plan) to a Roth IRA provided applicable requirements are met. Such conversions and rollovers will be subject to income tax at the time of conversion or rollover.

(d) Deferred Compensation Plans. Section 457 of the Code, while not actually providing for a qualified plan as that term is normally used, provides for certain deferred compensation plans with respect to service for state governments, local governments, political subdivisions, agencies, instrumentalities and certain affiliates of such entities and tax exempt organizations which enjoy special treatment. The policies can be used with such plans. Under such plans, a participant may specify the form of investment in which his or her participation will be made. Such investments are generally owned by, and are subject to the claims of the general creditors of, the sponsoring employer, except that Section 457 plans of state and local government must be held and used for the exclusive benefit of participants and beneficiaries in a trust or annuity contract.

(e) SIMPLE IRAs. SIMPLE IRAs permit certain small employers to establish SIMPLE IRA plans as provided by Section 408(p) of the Code, under which employees may elect to defer to a Simple IRA a percentage of compensation up to $12,500 for 2017 (and thereafter, adjusted for cost-of-living increases in accordance with the Code). Employees who attain age 50 or over by the end of the relevant calendar year may also elect to make an additional catch-up contribution. Such additional contribution may be up to $3,000 for 2017 (and thereafter adjusted for cost-of-living increases in accordance with the Code). The sponsoring employer is generally required to make matching or non-elective contributions on behalf of employees. Distributions from SIMPLE IRAs are subject to the same restrictions that apply to IRA distributions and are taxed as ordinary income. Subject to certain exceptions, distributions prior to age 59 1/2 are subject to a 10% penalty tax, which is increased to 25% if the distribution occurs within the first two years after the commencement of the employee’s participation in the SIMPLE IRA plan. All references in this Prospectus to the 10% penalty tax should be read to include this limited 25% penalty tax if your Qualified Policy is used as a SIMPLE IRA.

The Qualified Policies are subject to the RMD rules under Code section 401(a)(9) and the regulations issued thereunder. Under these rules, generally, distributions under your Qualified Policy must begin no later than the beginning date required by the Internal Revenue Service (“IRS”). The beginning date is determined by the type of Qualified Policy that you own. For each calendar year that an RMD is not timely made, a 50% excise tax is imposed on the amount that should have been distributed, but was not.

Unless the distributions are made in the form of an annuity that complies with Code section 401(a)(9) and the regulations issued thereunder, the minimum amount required to be distributed for each calendar year is generally determined by dividing the value of the Qualified Policy as of the end of the prior calendar year by the applicable distribution period (determined under IRS tables). Once Future Income Payments begin, we believe you will be treated as having two separate policies for purposes of satisfying these RMD rules. The Future Income Payments should automatically satisfy the RMD requirements with respect to the cumulative Future Income Purchases. A separate RMD will have to be calculated and withdrawn each year with respect to the Accumulation Value. The Future Income Payments generally cannot be applied towards satisfying the RMD requirements with respect to the Accumulation Value.

Beginning in 2006, regulations under Code section 401(a)(9) provide a new method for calculating the amount of RMDs from Qualified Policies. Under these regulations, during the accumulation phase of the Qualified Policy, the actuarial present value of certain additional benefits provided under the policy (such as guaranteed death benefits) must be taken into account in calculating the value of the Qualified Policy for purposes of determining the annual RMD for the Qualified Policy. As a result, under these regulations, it is possible that, after taking account of the value of such benefits, there may not be sufficient Accumulation Value to satisfy the applicable RMD requirement. This generally will depend on the investment performance of your policy. You may need to satisfy such RMD from other tax-qualified plans that you own. You should consult with your tax advisor regarding these requirements and the implications of purchasing any riders or other benefits in connection with your Qualified Policy.

 

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Taxation of Death Benefits

The tax treatment of amounts distributed from your contract upon the death of the policyowner or annuitant depends on whether the policyowner or annuitant dies before or after the Annuity Commencement Date. If death occurs prior to the Annuity Commencement Date, and the Beneficiary receives payments under an annuity payout option, the benefits are generally taxed in the manner described above for annuity payouts. If the benefits are received in a lump sum, they are taxed to the extent they exceed the remaining investment in the contract. If death occurs after the Annuity Commencement Date, amounts received by the Beneficiary are not taxed until they exceed the remaining investment in the contract.

DISTRIBUTION AND COMPENSATION ARRANGEMENTS

NYLIFE Distributors LLC (NYLIFE Distributors), the underwriter and distributor of the policies, is registered with the SEC and the Financial Industry Regulatory Authority, Inc. (FINRA) as a broker-dealer. The firm is an indirect wholly-owned subsidiary of New York Life, and an affiliate of NYLIAC. Its principal business address is 30 Hudson Street, Jersey City, New Jersey 07302.

The policies are sold by registered representatives of NYLIFE Securities, LLC (“NYLIFE Securities”), a broker- dealer that is an affiliate of NYLIFE Distributors. Your registered representative is also a licensed insurance agent with New York Life. He or she may be qualified to offer other forms of life insurance, annuities, and other investment products. In certain circumstances, NYLIFE Securities registered representatives can sell both products manufactured and issued by New York Life or its affiliates and products provided by other companies.

NYLIFE Securities and in turn your registered representative, will receive compensation for selling you this policy or any other investment product. Compensation may consist of commissions, asset-based compensation, allowances for expenses, and other compensation programs. The amount of compensation received by your registered representative will vary depending on the policy, the age of the Owner and whether the source of funds is from an internal exchange. Differing compensation arrangements have the potential to influence the recommendation made by your registered representative or broker-dealer.

The maximum commission and expense allowance paid to NYLIFE Securities registered representatives is typically 5% of all premiums received. The total commissions paid for New York Life Flexible Premium Variable Annuity III policies during the fiscal years ended December 31, 2016 and 2015 were $2,235,454 and $1,970,535, respectively.

New York Life also has other compensation programs where managers and employees involved in the sales process receive additional compensation related to the sale of products manufactured and issued by New York Life or its affiliates.

NYLIFE Securities registered representatives can qualify to attend New York Life-sponsored educational, training, and development conferences based on the sales they make of life insurance, annuities, and investment products during a particular twelve-month period. In addition, qualification for recognition programs sponsored by New York Life depends on the sale of products manufactured and issued by New York Life or its affiliates.

VOTING RIGHTS

The Funds are not required to and typically do not hold routine annual stockholder meetings. Special stockholder meetings will be called when necessary. To the extent required by law, NYLIAC will vote the Eligible Portfolio shares held in the Investment Divisions at special shareholder meetings of the Funds in accordance with instructions we receive from persons having voting interests in the corresponding Investment Division. If, however, the federal securities laws are amended, or if NYLIAC’s present interpretation should change, and as a result, NYLIAC determines that it is allowed to vote the Eligible Portfolio shares in its own right, we may elect to do so.

Prior to the Annuity Commencement Date, you hold a voting interest in each Investment Division to which you have money allocated. We will determine the number of votes which are available to you by dividing the Accumulation Value attributable to an Investment Division by the net asset value per share of the applicable Eligible Portfolios. We will calculate the number of votes which are available to you separately for each Investment Division. We will determine that number by applying your percentage interest, if any, in a particular Investment Division to the total number of votes attributable to the Investment Division.

We will determine the number of votes of the Eligible Portfolio which are available as of the date established by the Portfolio of the relevant Fund. Voting instructions will be solicited by written or electronic communication prior to such meeting in accordance with procedures established by the relevant Fund.

 

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If we do not receive timely instructions, we will vote those shares in proportion to the voting instructions which are received with respect to all policies participating in that Investment Division. As a result, a small number of policyholders may control the outcome of the vote. We will apply voting instructions to abstain on any item to be voted upon on a pro rata basis to reduce the votes eligible to be cast. Each person having a voting interest in an Investment Division will receive proxy material, reports and other materials relating to the appropriate Eligible Portfolio.

 

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TABLE OF CONTENTS FOR THE

STATEMENT OF ADDITIONAL INFORMATION (SAI)

The SAI contains more details concerning the subjects discussed in this Prospectus. The following is the Table of Contents for the SAI:

 

     Page  

THE POLICIES

     2   

Valuation of Accumulation Units

     2   

Future Income Purchases

     3   

ANNUITY PAYMENTS

     3   

GENERAL MATTERS

     3   

FEDERAL TAX MATTERS

     4   

Taxation of New York Life Insurance and Annuity Corporation

     4   

Tax Status of the Policies

     4   

SAFEKEEPING OF SEPARATE ACCOUNT ASSETS

     5   

STATE REGULATION

     5   

RECORDS AND REPORTS

     5   

LEGAL PROCEEDINGS

     5   

FINANCIAL STATEMENTS

     5   

OTHER INFORMATION

     6   

NYLIAC AND SEPARATE ACCOUNT FINANCIAL STATEMENTS

     F-1   

How to obtain a New York Life Flexible Premium Variable Annuity III Statement of Additional Information.

The New York Life Flexible Premium Variable Annuity III Statement of Additional Information is posted on our website, www.newyorklife.com. For a paper copy of the Statement of Additional Information, call (800) 598-2019 or send this request form to:

 

 

   NYLIAC Variable Products Service Center
   Madison Square Station
   P.O. Box 922
  

New York, NY 10159

 

 

 

 

Please send me a New York Life Flexible Premium Variable Annuity III Statement of Additional Information

dated May 1, 2017:

 

    
Name
    
Address
    
City   State    Zip

 

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Appendix 1

FIR availability by Plan Type (not available for applications signed on or after May 1, 2017)

Other types of plans may also be made available. Contact your registered representative for more information.

 

Non Qualified    Base Policy Issue Ages *    0-75
   FIR Availability **    0-75
   Earliest FIR Income Start Date    Age 20
   Latest FIR Income Start Date    Age < 86
   Latest FIR Purchase    Age < 84
Traditional IRA    Base Policy Issue Ages*    18-75
   FIR Availability **    18-68 1/2
   Earliest FIR Income Start Date    Age 18
   Latest FIR Income Start Date    April after age 70 1/2
   Latest FIR Purchase    Age 68 1/2
Roth IRA    Base Policy Issue Ages*    18-75
   FIR Availability **    20-75
   Earliest FIR Income Start Date    Age 59 1/2
   Latest FIR Income Start Date    Age < 86
   Latest FIR Purchase    Age < 84
Inherited IRA    Base Policy Issue Ages*    Not allowed
   FIR Availability **    Not available
   Earliest FIR Income Start Date    N/A
   Latest FIR Income Start Date    N/A
   Latest FIR Purchase    N/A
SEP IRA / SIMPLE IRA    Base Policy Issue Ages*    18-75
   FIR Availability **    Not available
   Earliest FIR Income Start Date    N/A
   Latest FIR Income Start Date    N/A
   Latest FIR Purchase    N/A
Non-Erisa TSA / 403(b) / One Person Pension / Keogh    Base Policy Issue Ages*    18-75
   FIR Availability **    Not available
   Earliest FIR Income Start Date    N/A
   Latest FIR Income Start Date    N/A
   Latest FIR Purchase    N/A

 

* Base policy issue ages are based on owner(s) age
** Based on age of the Annuitant. We automatically issue the FIR if the Annuitant falls within the range displayed

 

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Appendix 2

State Variations

 

State

  

Features/Benefits

        

State Variation

California

   See “The Policies – Your Right to Cancel (“Free Look”)”      

If you are age 60 or older at the time the policy is issued, you may cancel the policy within 30 days from the date you received it and receive a refund as follows:

 

(a)    If you do not direct the premium payment(s) be invested in the Investment Divisions, we will return your (i) policy charge and (ii) premium payment(s), less any withdrawals.

 

(b)    If you direct the premium payment(s) be invested in the Investment Divisions, we will return your (i) policy charge and (ii) Account Value, on the day we receive your request, in Good Order, less any withdrawals.

 

   See “The Policies – Electronic Delivery”       You may select electronic delivery; however, the e-delivery credit is not available.
  

See “The Policies – Riders – Annual

Death Benefit Reset (ADBR) Rider

(optional)”

     

An ownership change or assignment of the

policy does not terminate the ADBR Rider.

Connecticut

   See “The Policies – Riders – Annual Death Benefit Reset Rider (optional)”       An assignment of the policy does not terminate the Annual Death Benefit Reset Rider.
   See “The Policies – Riders – Future Income Rider”       The FIR is not available.

Florida

   See “The Policies – Your Right to Cancel (“Free Look”)”       You may cancel the policy within 21 days from the date you received it and receive (i) any policy charge, (ii) and premium payment(s), less any withdrawals.
   See “The Policies – Riders – Annual Death Benefit Reset (ADBR) Rider (optional)”       An ownership change or assignment of the policy does not terminate the ADBR Rider.

New York

   See “Definitions—Nonforfeiture Value”       Nonforfeiture Value—The Nonforfeiture Value is equal to 100% of the Consideration(s) allocated to the Fixed Account and/or to the DCA Advantage Account accumulated at the crediting rate (which shall be no less than the Nonforfeiture Rate) since the Payment Date or transfer date, minus any amounts withdrawn or transferred from the Fixed Account and/or from the DCA Advantage Account, with the remaining amount accumulated at the crediting rate since the date of withdrawal or transfer.
   See “The Policies – Riders – Annual Death Benefit Reset (ADBR) Rider (optional)”      

(a)    The name of the ADBR rider is “Guaranteed Minimum Death Benefit Rider”.

 

B-1


           

(b)    An ownership change or assignment of the policy does not terminate the ADBR Rider.

   See “Charges and Deductions – Other Charges – Annual Death Benefit Reset (ADBR) Rider (optional)”       The ADBR rider charge will be deducted from each Investment Division in proportion to its percentage of the Variable Account Value of the applicable quarter and will not reduce your Adjusted Premium Payments.
   See “The Policies – Riders – Future Income Rider”      

(a)    Total Future Income Purchases may not be more than 25% of your Accumulation Value in a given Policy Year.

 

(b)    The name of the FIR is “Guaranteed Paid-Up Deferred Annuity Benefit Rider”.

   See “Definitions – Adjusted Premium Payment”       Adjusted Premium Payment—The total dollar amount of premium payments made under the policy and allocated to the Investment Divisions of the Separate Account reduced by any withdrawals (including Future Income Purchases) and applicable surrender charges in excess of any gain in the policy.
   See “The Policies – Your Right to Cancel (“Free Look”)”       You may cancel the policy within twenty (20) days from the date you received it and receive (i) any policy charge, (ii) and premium payment(s), less any withdrawals.
   See “The Policies – Automatic Asset Rebalancing (AAR)”       You must affirmatively elect AAR on your application or in a subsequent notice for your policy to be subject to AAR.
   See “Distributions under the Policy – Delay of Payments”       We will pay interest on deferred payments of any partial withdrawal or full surrender request deferred for ten (10) days or more.
   See “Distributions under the Policy – Our Right to Cancel”       If we do not receive premium payments for a period of three years, and the Accumulation Value of your policy would provide Income Payments of less than $20 per month on the Annuity Commencement Date, we reserve the right to terminate your policy.

North Dakota

   See “The Policies – Your Right to Cancel (“Free Look”)”      

You may cancel the policy within twenty (20) days from the date you received it and receive (i) any policy charge, (ii) and premium payment(s), less any withdrawals.

 

      See “The Policies – Electronic Delivery”         You may select electronic delivery;
however,

 

B-2


         the e-delivery credit is not available.

 

  See “The Policies – Riders – Annual Death Benefit Reset (ADBR) Rider (optional)”      An ownership change or assignment of the policy does not terminate the ADBR Rider.

 

B-3


Statement of Additional Information

May 1, 2017

for

New York Life Flexible Premium Variable Annuity III

From

NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION

(a Delaware Corporation)

51 Madison Avenue, Room 251

New York, New York 10010

Investing in

NYLIAC Variable Annuity Separate Account-III

NYLIAC Variable Annuity Separate Account-IV

This Statement of Additional Information (“SAI”) is not a prospectus. This SAI contains information that expands upon subjects discussed in the current New York Life Flexible Premium Variable Annuity III Prospectus. You should read the SAI in conjunction with the current New York Life Flexible Premium Variable Annuity III Prospectus dated May 1, 2017. You may obtain a copy of the Prospectus by calling New York Life Insurance and Annuity Corporation (“NYLIAC”) at (800) 598-2019 or writing to NYLIAC at Madison Square Station, P.O. Box 922, New York, NY 10159. Terms used but not defined in this SAI have the same meaning as in the current New York Life Flexible Premium Variable Annuity III Prospectus.

TABLE OF CONTENTS

 

     Page  

THE POLICIES

     2   

Valuation of Accumulation Units

     2   

Future Income Purchases

     2   

ANNUITY PAYMENTS

     3   

GENERAL MATTERS

     3   

FEDERAL TAX MATTERS

     4   

Taxation of New York Life Insurance and Annuity Corporation

     4   

Tax Status of the Policies

     4   

SAFEKEEPING OF SEPARATE ACCOUNT ASSETS

     5   

STATE REGULATION

     5   

RECORDS AND REPORTS

     5   

LEGAL PROCEEDINGS

     5   

FINANCIAL STATEMENTS

     5   

OTHER INFORMATION

     6   

NYLIAC AND SEPARATE ACCOUNT FINANCIAL STATEMENTS

     F-1   


THE POLICIES

The following provides additional information about the policies and supplements the description in the Prospectus.

Valuation of Accumulation Units

Accumulation Units are valued separately for each Investment Division of the Separate Account. The method used for valuing Accumulation Units in each Investment Division is the same. We arbitrarily set the value of each Accumulation Unit as of the date operations began for the Investment Division. Thereafter, the value of an Accumulation Unit of an Investment Division for any Business Day equals the value of an Accumulation Unit in that Investment Division as of the immediately preceding Business Day multiplied by the “Net Investment Factor” for that Investment Division for the current Business Day.

We determine the Net Investment Factor for Accumulation Value Based M&E Charge (Separate Account-III) policies for each Investment Division for any period from the close of the preceding Business Day to the close of the current Business Day (the “Valuation Period”) by the following formula:

(a/b) – c

Where: a  =   the result of:

(1) the net asset value per share of the Eligible Portfolio shares held in the Investment Division determined at the end of the current Valuation Period, plus

(2) the per share amount of any dividend or capital gain distribution made by the Eligible Portfolio for shares held in the Investment Division if the “ex-dividend” date occurs during the current Valuation Period;

 

    b  = the net asset value per share of the Eligible Portfolio shares held in the Investment Division determined as of the end of the immediately preceding Valuation Period; and

 

    c  = the daily Mortality and Expense Risk and Administrative Costs charge, which is 1/365th* of the annual Mortality and Expense Risk and Administrative Costs Charge shown on the Policy Data Page.

 

    * In a leap year, this calculation is based on 366 days.

In each case, the Net Investment Factor for Premium Based M&E Charge (Separate Account-IV) policies is determined by the following formula:

(a/b)

Where: a  =   the result of:

(1) the net asset value per share of the Eligible Portfolio shares held in the Investment Division determined at the end of the current Valuation Period, plus

(2) the per share amount of any dividend or capital gain distribution made by the Eligible Portfolio for shares held in the Investment Division if the “ex-dividend” date occurs during the current Valuation Period;

 

    b  = the net asset value per share of the Eligible Portfolio shares held in the Investment Division determined as of the end of the immediately preceding Valuation Period.

In each case, the Net Investment Factor may be greater or less than one. Therefore, the value of an Accumulation Unit in an Investment Division may increase or decrease from Valuation Period to Valuation Period.

Future Income Purchases

We will inform you of the following each time you submit a Future Income Purchase request:

 

    1. That amounts used to purchase deferred income payments are not liquid.

 

    2. That income payments are subject to the credit risk of NYLIAC’s general account.

 

    3. The amount of the Future Income Payment that you receive from NYLIAC may be higher or lower than the amount you might receive if you purchased a similar product offered by us or by another company. When making a Future Income Purchase, you should consider, in consultation with your agent, payment amounts for similar products, as well as your future income needs, contract terms, the claims paying ability of the insurance company and your tax situation.

 

2


Upon completion of the Future Income Purchase you will receive a confirmation statement which will inform you of the following:

 

    1. The amount of future income purchased.

 

    2. The lack of liquidity of amounts used to make the Future Income Purchase.

 

    3. That you have the ability to consider other products (from us or another insurer) and cancel within a specific period of time.

Please note that the disclosures listed above will be included in the Future Income Purchase request form or the confirmation statement for each Future Income Purchase as soon as reasonably practicable after the date of this SAI.

ANNUITY PAYMENTS

We will make equal annuity payments each month under the Life Income Payment Option during the lifetime of the Annuitant. Once payments begin, they do not change and are guaranteed for 10 years even if the Annuitant dies sooner. If the Annuitant dies before all guaranteed payments have been made, the rest will be made to the Beneficiary. We may require that the payee submit proof of the Annuitant’s survivorship as a condition for future payments beyond the 10-year guaranteed payment period.

On the Annuity Commencement Date, We will determine the Accumulation Value of your policy and use that value to calculate the amount of each annuity payment. We determine each annuity payment by applying the Accumulation Value, less any premium taxes, to the annuity factors specified in the annuity table set forth in the policy. Those factors are based on a set amount per $1,000 of proceeds applied. The appropriate rate must be determined by the gender (except where, as in the case of certain Qualified Policies and other employer-sponsored retirement plans, such classification is not permitted), date of application and age of the Annuitant. The dollars applied are then divided by 1,000 and the result multiplied by the appropriate annuity factor from the table to compute the amount of the each monthly annuity payment.

GENERAL MATTERS

Non-Participating. The policies are non-participating. Dividends are not paid.

Misstatement of Age or Gender. If the Annuitant’s stated age and/or gender in the policy are incorrect, NYLIAC will change the benefits payable to those which the premium payments would have purchased for the correct age and gender. Gender is not a factor when annuity benefits are based on unisex annuity payment rate tables. (See “Income Payments—Election of Income Payment Options” in the Prospectus.) If We made payments based on incorrect age or gender, We will increase or reduce a later payment or payments to adjust for the error. Any adjustment will include interest, at 1.0% per year, from the date of the wrong payment to the date the adjustment is made.

Assignments. If permitted by the plan or by law for the plan indicated in the application for the policy, you may assign your interest in a Non-Qualified Policy or any interest in it prior to the Annuity Commencement Date and during the Owner’s lifetime. In order to effect an assignment of all or any part of your interest in a Non-Qualified Policy prior to the Annuity Commencement Date and during the Owner’s lifetime, you must send a duly executed instrument of assignment to VPSC at one of the addresses listed in Question 15 of the Prospectus. NYLIAC will not be deemed to know of an assignment unless it receives a copy of a duly executed instrument evidencing such assignment. Further, NYLIAC assumes no responsibility for the validity of any assignment. (See “Federal Tax Matters—Taxation of Annuities in General” of the Prospectus.)

Modification. NYLIAC may not modify the policy without your consent except to make the policy meet the requirements of the Investment Company Act of 1940, or to make the policy comply with any changes in the Code or as required by the Code in order to continue treatment of the policy as an annuity, or by any other applicable law.

 

Incontestability. We rely on statements made in the application or a Policy Request. They are representations, not warranties. We will not contest the policy after it has been in force during the lifetime of the Annuitant for two years from the Policy Date.

 

3


FEDERAL TAX MATTERS

Taxation of New York Life Insurance and Annuity Corporation

NYLIAC is taxed as a life insurance company. Because the Separate Account is not an entity separate from NYLIAC, and its operations form a part of NYLIAC, it will not be taxed separately as a “regulated investment company” under Subchapter M of the Code. As a result, NYLIAC takes into account applicable tax attributes of the assets of the Separate Account on its corporate income tax return, including corporate dividends received deductions and foreign tax credits that may be produced by assets of the Separate Account. Investment income and realized net capital gains on the assets of the Separate Account are reinvested and are taken into account in determining the Accumulation Value. As a result, such investment income and realized net capital gains are automatically retained as part of the reserves under the policy. Under existing federal income tax law, NYLIAC believes that Separate Account investment income and realized net capital gains should not be taxed to the extent that such income and gains are retained as part of the tax-deductible reserves under the policy.

Tax Status of the Policies

Section 817(h) of the Code requires that the investments of the Separate Account must be “adequately diversified” in accordance with Treasury regulations in order for the policies to qualify as annuity contracts under Section 72 of the Code. The Separate Account intends to comply with the diversification requirements prescribed by the Treasury under Treasury Regulation Section 1.817-5.

To comply with regulations under Section 817(h) of the Code, the Separate Account is required to diversify its investments, so that on the last day of each quarter of a calendar year, no more than 55% of the value of its assets is represented by any one investment, no more than 70% is represented by any two investments, no more than 80% is represented by any three investments, and no more than 90% is represented by any four investments. For this purpose, securities of a single issuer are treated as one investment and each U.S. Government agency or instrumentality is treated as a separate issuer. Any security issued, guaranteed, or insured (to the extent so guaranteed or insured) by the U.S. Government or an agency or instrumentality of the U.S. Government is treated as a security issued by the U.S. Government or its agency or instrumentality, whichever is applicable.

Although the Treasury Department has issued regulations on the diversification requirements, such regulations do not provide guidance concerning the extent to which policyowners may direct their investments to particular subaccounts of a separate account, or the permitted number of such subaccounts. It is unclear whether additional guidance in this regard will be issued in the future. It is possible that if such guidance is issued, the policy may need to be modified to comply with such additional guidance. For these reasons, NYLIAC reserves the right to modify the policy as necessary to attempt to prevent the policyowner from being considered the owner of the assets of the Separate Account or otherwise to qualify the policy for favorable tax treatment.

The Code also requires that non-qualified annuity contracts contain specific provisions for distribution of the policy proceeds upon the death of any policyowner. In order to be treated as an annuity contract for federal income tax purposes, the Code requires that such policies provide that (a) if any policyowner dies on or after the Annuity Commencement Date and before the entire interest in the policy has been distributed, the remaining portion must be distributed at least as rapidly as under the method in effect on the policyowner’s death; and (b) if any policyowner dies before the Annuity Commencement Date, the entire interest in the policy must generally be distributed within 5 years after the policyowner’s date of death. For policies owned by a grantor trust, all of whose grantors are individuals, these distribution requirements apply at the death of any grantor. These requirements will be considered satisfied if the entire interest of the policy is used to purchase an immediate annuity under which payments will begin within one year of the policyowner’s death and will be made for the life of the Beneficiary or for a period not extending beyond the life expectancy of the Beneficiary. If the Beneficiary is the policyowner’s surviving spouse (as defined under Federal law), the Policy may be continued with the surviving spouse as the new policyowner. If the policyowner is not a natural person, these “death of Owner” rules apply when the primary Annuitant dies or is changed. Non-Qualified Policies contain provisions intended to comply with these requirements of the Code. No regulations interpreting these requirements of the Code have yet been issued and thus no assurance can be given that the provisions contained in these policies satisfy all such Code requirements. The provisions contained in these policies will be reviewed and modified if necessary to assure that they comply with the Code requirements when clarified by regulation or otherwise.

Withholding of federal income taxes on the taxable portion of all distributions may be required unless the recipient elects not to have any such amounts withheld and properly notifies NYLIAC of that election. Different rules may apply to United States citizens or expatriates living abroad. In addition, some states have enacted legislation requiring withholding.

 

4


Even if a recipient elects no withholding, special rules may require NYLIAC to disregard the recipient’s election if the recipient fails to supply NYLIAC with a “TIN” or taxpayer identification number (social security number for individuals) or if the Internal Revenue Service notifies NYLIAC that the TIN provided by the recipient is incorrect.

Under the Foreign Account Tax Compliance Act (“FATCA”), as reflected in Sections 1471 through 1474 of the IRC, U.S. withholding agents (such as NYLIAC) may be required to obtain certain information to establish the U.S. or non-U.S. status of its account or contract holders (e.g., a Form W-9 or W-8BEN may be required) and perform certain due diligence to ensure that information is accurate. In certain cases, if this information is not obtained, withholding agents, such as NYLIAC may be required to withhold at a 30 percent rate on certain payments beginning July 1, 2014.

SAFEKEEPING OF SEPARATE ACCOUNT ASSETS

NYLIAC holds title to assets of the Separate Accounts. The assets are kept physically segregated and held separate and apart from NYLIAC’s general corporate assets. Records are maintained of all purchases and redemptions of Eligible Portfolio shares held by each of the Investment Divisions.

STATE REGULATION

NYLIAC is a stock life insurance company organized under the laws of Delaware, and is subject to regulation by the Delaware State Insurance Department. We file an annual statement with the Delaware Commissioner of Insurance on or before March 1 of each year covering the operations and reporting on the financial condition of NYLIAC as of December 31 of the preceding calendar year. Periodically, the Delaware Commissioner of Insurance examines the financial condition of NYLIAC, including the liabilities and reserves of the Separate Account.

In addition, NYLIAC is subject to the insurance laws and regulations of all the states where it is licensed to operate. The availability of certain policy rights and provisions depends on state approval and/or filing and review processes. Where required by state law or regulation, the policies will be modified accordingly.

RECORDS AND REPORTS

NYLIAC maintains all records and accounts relating to the Separate Account. As presently required by the federal securities laws, NYLIAC will mail to you at your last known address of record, at least semi-annually after the first Policy Year, reports containing information required under the federal securities laws or by any other applicable law or regulation. It is important that your confirmation and Quarterly Statements be reviewed immediately to ensure that there are no errors. In order to correct an error, you must call it to our attention within 15 days of the date of the statement.

It is important that you inform NYLIAC of an address change so that you can receive these policy statements (See “How do I contact NYLIAC by Telephone or by the Internet?” in the Prospectus). In the event your statement is returned from the US Postal Service as undeliverable, we reserve the right to suspend mailing future correspondence and also suspend current transaction processing until an accurate address is obtained. Additionally, no new service requests can be processed until a valid current address is provided.

LEGAL PROCEEDINGS

NYLIAC is a defendant in lawsuits arising from its agency sales force, insurance (including variable contracts registered under the federal securities laws) and/or other operations. Most of these actions seek substantial or unspecified compensatory and punitive damages. NYLIAC is from time to time involved in various governmental, administrative, and investigative proceedings and inquiries.

Notwithstanding the uncertain nature of litigation and regulatory inquiries, the outcome of which cannot be predicted, NYLIAC believes that, after provisions made in the financial statements, the ultimate liability that could result from litigation and proceedings would not have a material adverse effect on NYLIAC’s financial position; however, it is possible that settlements or adverse determinations in one or more actions or other proceedings in the future could have a material adverse effect on NYLIAC’s operating results for a given year.

FINANCIAL STATEMENTS

The consolidated balance sheet of NYLIAC as of December 31, 2015 and 2014, and the consolidated statements of income, of stockholder’s equity and of cash flows for each of the three years in the period ended December 31, 2015

 

5


included in this SAI have been so included in reliance on the report of PricewaterhouseCoopers LLP, independent registered public accounting firm, given on the authority of said firm as experts in auditing and accounting. The Separate Account statement of assets and liabilities as of December 31, 2015 and the statements of operations and of changes in net assets and the financial highlights for each of the periods indicated in the financial statements have been so included in reliance on the report of PricewaterhouseCoopers LLP, independent registered public accounting firm, given on the authority of said firm as experts in auditing and accounting.

OTHER INFORMATION

NYLIAC filed a Registration Statement with the Securities and Exchange Commission, under the Securities Act of 1933 as amended, with respect to the policies discussed in this Prospectus and SAI. We have not included all of the information set forth in the registration statement, amendments and exhibits to the registration statement in the Prospectus and this SAI. We intend the statements contained in the Prospectus and this SAI concerning the content of the policies and other legal instruments to be summaries. For a complete statement of the terms of these documents, you should refer to the instruments filed with the Securities and Exchange Commission. The omitted information may be obtained at the principal offices of the Securities and Exchange Commission in Washington, D.C., upon payment of prescribed fees, or through the Commission’s website at www.sec.gov.

 

6


PART C. OTHER INFORMATION

 

ITEM 24. FINANCIAL STATEMENTS AND EXHIBITS

a. Financial Statements.

[To be updated by amendment.]

b. Exhibits.

 

(1)   Resolution of the Board of Directors of New York Life Insurance and Annuity Corporation (“NYLIAC”) authorizing the establishment of the Separate Account – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (1) to the Initial Registration Statement on Form N-4 for NYLIAC Variable Annuity Separate Account-IV (File No. 333-106806), Filed 7/3/03 and incorporated herein by reference.
(2)   Not applicable.
(3)(a)   Distribution Agreement between NYLIFE Securities Inc. and NYLIAC – Previously filed as Exhibit (3)(a) to Post-Effective Amendment No. 1 to the registration statement on Form S-6 for NYLIAC MFA Separate Account-I (File No. 2-86084), re-filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (3)(a) to Post-Effective Amendment No. 4 to the registration statement on Form S-6 for NYLIAC Variable Universal Life Separate Account-I (File No. 033-64410), filed 4/25/97 and incorporated herein by reference.
(3)(b)   Distribution Agreement dated August 2, 1995, between NYLIFE Distributors, Inc. and NYLIAC-Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit(3)(b) to Post-Effective Amendment No. 1 on Form N-4 for NYLIAC Variable Annuity Separate Account-III (File No. 033-87382), filed 4/18/96 and incorporated herein by reference.
(3)(c)   Distribution and Underwriting Agreement, dated April 27, 2006, between New York Life Insurance and Annuity Corporation and NYLIFE Distributors LLC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit(c)(3) to Post-Effective Amendment No. 16 on Form N-6 for NYLIAC Corporate Sponsored Variable Universal Life Separate Account-I (File No. 333-48300), filed 8/15/06 and incorporated herein by reference.
(3)(c)(1)   Form of Amendment to Distribution and Underwriting Agreement between New York Life Insurance and Annuity Corporation and NYLIFE Distributors LLC, dated March 6, 2015 – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (3)(g)(1) to Post-Effective Amendment No. 38 to the registration statement on Form N-4 for NYLIAC MFA Separate Account-I (File No. 002-86083), filed 4/14/2015 and incorporated herein by reference.
(4)(a)   Enhanced Spousal Continuance Rider – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (4)(b) to Post-Effective Amendment No. 4 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-III (File No. 333-80535), filed 7/13/01 and incorporated herein by reference.
(4)(b)   Specimen Policy for New York Life Flexible Premium Variable Annuity II (No. ICC11 – P110) – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (4)(b) to the initial registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-IV (File No. 333-172044), filed 2/3/11 and incorporated herein by reference.
(4)(c)   Annual Death Benefit Reset Rider – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (4)(c) to the Initial Registration Statement on Form N-4 for NYLIAC Variable Annuity Separate Account-IV (File No. 333-106806), filed 7/3/03 and incorporated herein by reference.
(4)(d)   Enhanced Beneficiary Benefit Rider – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (4)(d) to the Initial Registration Statement on Form N-4 for NYLIAC Variable Annuity Separate Account-IV (File No. 333-106806), filed 7/3/03 and incorporated herein by reference.
(4)(e)   Unemployment Benefit Rider – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (4)(f) to the Initial Registration Statement on Form N-4 for NYLIAC Variable Annuity Separate Account-IV (File No. 333-106806), filed 7/3/03 and incorporated herein by reference.
(4)(f)   UPromise Account Rider – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (4)(g) to the Initial Registration Statement on Form N-4 for NYLIAC Variable Annuity Separate Account-IV (File No. 333-106806), filed 7/3/03 and incorporated herein by reference by reference.
(4)(g)   Living Needs Benefit Rider – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (4)(h) to the Initial Registration Statement on Form N-4 for NYLIAC Variable Annuity Separate Account-IV (File No. 333-106806), filed 7/3/03 and incorporated herein by reference.
(4)(h)   Breakpoint Credit Rider – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (4)(j) to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-IV (File No. 333-156019), filed 12/9/08 and incorporated herein by reference.
(4)(i)   Living Needs Benefit/Unemployment Rider – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (4)(c) to Post-Effective Amendment No. 17 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-III (File No. 333-80535), filed 4/14/10 and incorporated herein by reference.
(4)(j)   Specimen Policy for New York Life Flexible Premium Variable Annuity III (No. -) – Previously filed in accordance with Regulation S-T, CFR 232.102(e) as Exhibit (4)(i) to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account – III (File 333-172046), filed 2/6/2015 and incorporated herein by reference.
(4)(k)   Annual Death Benefit Reset Rider – Previously filed in accordance with Regulation S-T, CFR 232.102(e) as Exhibit (4)(t) to Post-Effective Amendment No. 12 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-III (File No. 333-156018), filed 2/6/2015 and incorporated herein by reference.
(4)(l)   Future Income Rider - Previously filed in accordance with Regulation S-T, CFR 232.102(e) as Exhibit (4)(u) to Post-Effective Amendment No. 12 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account – III (File No. 333-156018), filed 2/6/2015 and incorporated herein by reference.
(5)(a)   Form of application for policies for New York Life Premier Plus, New York Life Premier Variable Annuities and Flexible Premium Variable Annuity II (No. 210-594) – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (5)(a) to the initial registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-IV (File No. 333-172044), filed 2/3/11 and incorporated herein by reference.
(5)(b)   Form of Application for policies for Individual Flexible Premium Deferred Variable Annuity - Previously filed in accordance with Regulation S-T, CFR 232.102(e) as Exhibit (5)(b) to Post-Effective Amendment No. 12 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account – III (File No. 333-156018), filed 2/6/2015 and incorporated herein by reference.
(6)(a)   Certificate of Incorporation of NYLIAC – Previously filed as Exhibit (6)(a) to the registration statement on Form S-6 for NYLIAC MFA Separate Account-I (File No. 2-86083), re-filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (6)(a) to the initial registration statement on Form S-6 for NYLIAC Corporate Sponsored Variable Universal Life Separate Account-I (File No. 333-07617), filed 7/3/96 and incorporated herein by reference.
(6)(a)(1)   Amended and Restated Certificate of Incorporation of NYLIAC (executed May 1, 2009) – Previously filed as Exhibit (6)(a)(1) to the registration statement on Form N-4 of for the NYLIAC MFA Separate Account – I (File No. 2-86083), filed April 11, 2013 and incorporated herein by reference.
(6)(b)(1)   By-Laws of NYLIAC – Previously filed as Exhibit (6)(b) to the registration statement on Form S-6 for NYLIAC MFA Separate Account-I (File No. 2-86083), re-filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (6)(b) to the initial registration statement on Form S-6 for NYLIAC Corporate Sponsored Variable Universal Life Separate Account-I (File No. 333-07617), filed 7/3/96 and incorporated herein by reference.
(6)(b)(2)   Amendments to By-Laws of NYLIAC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (6)(b) to Pre-Effective Amendment No. 1 to the registration statement on Form S-6 for NYLIAC Variable Universal Life Separate Account-I (File No. 333-39157), filed 4/3/98 and incorporated herein by reference.

 

C-1


(6)(b)(3) Amended and Restated By-Laws of NYLIAC (effective May 1, 2009) – Previously filed as Exhibit (6)(b)(3) to the registration statement on Form N-4 of for the NYLIAC MFA Separate Account – I (File No. 2-86083), filed April 11, 2013 and incorporated herein by reference.

 

(7) Contract of Reinsurance between Connecticut General Life Insurance Company/Cigna Reinsurance and NYLIAC – Previously filed as Exhibit (7) to Registrant’s Post-Effective Amendment No. 1 on Form N-4 (File No. 33-87382), filed 4/18/96 and incorporated herein by reference.

 

(8)(a) Stock Sale Agreement between NYLIAC and MainStay VP Series Fund, Inc. (formerly New York Life MFA Series Fund, Inc.) – Previously filed as Exhibit (8)(a) to Pre-Effective Amendment No. 1 to the registration statement on Form N-1 for New York Life MFA Series Fund, Inc. (File No. 2-86082), re-filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (9)(a) to Pre-Effective Amendment No. 1 to the registration statement on Form S-6 for NYLIAC Corporate Sponsored Variable Universal Life Separate Account-I (File No. 333-07617), filed 1/2/97 and incorporated herein by reference.

 

(8)(b) Participation Agreement among Acacia Capital Corporation, Calvert Asset Management Company, Inc. and NYLIAC, as amended – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (9)(b)(1) to Pre-Effective Amendment No. 1 to the registration statement on Form S-6 for NYLIAC Corporate Sponsored Variable Universal Life Separate Account-I (File No. 333-07617), filed 1/2/97 and incorporated herein by reference.

 

(8)(c) Participation Agreement among The Alger American Fund, Fred Alger and Company, Incorporated and NYLIAC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (9)(b)(2) to Pre-Effective Amendment No. 1 to the registration statement on Form S-6 for NYLIAC Corporate Sponsored Variable Universal Life Separate Account-I (File No. 333-07617), filed 1/2/97 and incorporated herein by reference.

 

(8)(d) Participation Agreement between Janus Aspen Series and NYLIAC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (9)(b)(3) to Pre-Effective Amendment No. 1 to the registration statement on Form S-6 for NYLIAC Corporate Sponsored Variable Universal Life Separate Account-I (File No. 333-07617), filed 1/2/97 and incorporated herein by reference.

 

(8)(e) Participation Agreement among Morgan Stanley Universal Funds, Inc., Morgan Stanley Asset Management Inc. and NYLIAC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (9)(b)(4) to Pre-Effective Amendment No. 1 to the registration statement on Form S-6 for NYLIAC Corporate Sponsored Variable Universal Life Separate Account-I (File No. 333-07617), filed 1/2/97 and incorporated herein by reference.

 

(8)(f) Amended and Restated Participation Agreement among Variable Insurance Products Funds, Fidelity Distributors Corporation and NYLIAC, as amended, dated November 23, 2009 – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(f) to Post-Effective Amendment No. 24 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-I (File No. 033-53342), filed 4/13/10 and incorporated herein by reference.

 

(8)(g) Form of Participation Agreement among T. Rowe Price Equity Series, Inc., T. Rowe Price Associates, Inc. and NYLIAC – Previously filed in accordance with Regulation S-T, 17CFR 232.102(e) as Exhibit (8)(h) to Post-Effective Amendment No. 7 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-I (File No. 33-53342), filed 4/16/98 and incorporated herein by reference.

 

(8)(h) Form of Participation Agreement among Van Eck Worldwide Insurance Trust, Van Eck Associates Corporation and NYLIAC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(i) to Post-Effective Amendment No. 7 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-I (File No. 33-53342), filed 4/16/98 and incorporated herein by reference.

 

(8)(i) Form of Participation Agreement among MFS Variable Insurance Trust, Massachusetts Financial Services Company and NYLIAC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(j) to Post-Effective Amendment No. 7 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-I (File No. 33-53342), filed 4/16/98 and incorporated herein by reference.

 

(8)(j) Form of Participation Agreement among Dreyfus Investment Portfolios, The Dreyfus Corporation, Dreyfus Service Corporation and NYLIAC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (9)(r) to Pre-Effective Amendment No. 1 to the registration statement on Form S-6 for NYLIAC Variable Universal Life Separate Account-I (File No. 333-57210), filed 6/4/01 and incorporated herein by reference.

 

C-2


(8)(k)   Form of Substitution Agreement among NYLIAC, MainStay Management LLC, and New York Life Investment Management LLC – Previously filed in accordance with Regulation S-T, 17CFR 232.102(e) as Exhibit (9)(s) to Pre-Effective Amendment No. 1 to the registration statement on Form S-6 for NYLIAC Variable Universal Life-Separate Account-I (File No. 333-57210), filed 6/4/01 and incorporated herein by reference.
(8)(l)   Amendment dated 9/27/02 to Stock Sale Agreement dated 6/4/93 between NYLIAC and MainStay VP Series Fund, Inc. – Previously filed in accordance with Regulation S-T, 17CFR 232.102(e) as Exhibit (8)(n) to Post-Effective Amendment No. 18 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-III (File No. 033-87382), filed 4/9/03 and incorporated herein by reference.
(8)(m)   12b-1 Plan Services Agreement for the Service Class Shares of MainStay VP Series Fund, Inc. between NYLIFE Distributors LLC and NYLIAC dated 12/22/05 – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(x) to Post-Effective Amendment No. 20 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-I (File No. 033-53342), filed 4/10/06 and incorporated herein by reference.
(8)(n)   Form of Class S Service Agreement between Fred Alger & Company and NYLIAC dated 4/30/03 – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(p) to Post-Effective Amendment No. 19 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-III (File No. 033-87382), filed 5/14/03 and incorporated herein by reference.
(8)(o)   Form of Distribution Agreement between Dreyfus Service Corporation and NYLIAC dated as of 2/24/03 – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(q) to Post-Effective Amendment No. 19 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-III (File No. 033-87382), filed 5/14/03 and incorporated herein by reference.
(8)(p)   Form of Service Contract between Fidelity Distributors Corporation and NYLIAC dated 4/30/03 – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(r) to Post-Effective Amendment No. 19 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-III (File No. 033-87382), filed 5/14/03 and incorporated herein by reference.
(8)(q)   Form of Distribution and Shareholder Services Agreement between Janus Distributors LLC and NYLIAC dated 4/30/03 – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(s) to Post-Effective Amendment No. 19 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-III (File No. 033-87382), filed 5/14/03 and incorporated herein by reference.
(8)(r)   Form of Fund Participation Agreement (Service Shares) between Janus Aspen Series and NYLIAC dated 4/30/03 – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(t) to Post-Effective Amendment No. 19 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-III (File No. 033-87382), filed 5/14/03 and incorporated herein by reference.
(8)(s)   Form of Participation Agreement by and among MFS Variable Insurance Trust, Massachusetts Financial Services Company and NYLIAC dated 4/30/03 – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(u) to Post-Effective Amendment No. 19 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-III (File No. 033-87382), filed 5/14/03 and incorporated herein by reference.
(8)(t)   Form of Administrative Service Agreement between Morgan Stanley & Co. Incorporated and NYLIAC dated 4/30/03 – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(v) to Post-Effective Amendment No. 19 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-III (File No. 033-87382), filed 5/14/03 and incorporated herein by reference.
(8)(u)   Form of Supplement for Distribution Services Agreement between T. Rowe Price Investment Services, Inc. and NYLIAC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(x) to Post-Effective Amendment No. 19 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-III (File No. 033-87382), filed 5/14/03 and incorporated herein by reference.
(8)(v)   Form of Participation Agreement among Neuberger Berman Advisers Management Trust, Neuberger Berman Management Inc. and NYLIAC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (9)(q) to Pre-Effective Amendment No. 1 to the registration statement on Form S-6 for NYLIAC Variable Universal Life-Separate Account-I (File No. 333-57210), filed 6/4/01 and incorporated herein by reference.
(8)(w)   Form of Distribution and Administrative Services Agreement, Class S Shares, between Neuberger Berman Management, Inc. and NYLIAC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(w) to Post-Effective Amendment No. 19 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-III (File No. 033-87382), filed 5/14/03 and incorporated herein by reference.
(8)(x)   Form of Participation Agreement between Victory Variable Insurance Funds, BISYS Fund Services Limited Partnership, Victory Capital Management, Inc. and NYLIAC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(p) to Post-Effective Amendment No. 16 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-I (File No. 033-53342), filed 4/5/04 and incorporated herein by reference.
(8)(y)   Form of Distribution and Service Agreement, Class A Shares, between BISYS Fund Services Limited Partnership and NYLIFE Securities Inc.- Previously filed in accordance with Regulation S-T 17 CFR 232.102(e) as Exhibit (8)(q) to Post-Effective Amendment No. 16 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-I (File No. 033-53342), filed 4/5/04 and incorporated herein by reference.
8(z)   Form of Participation Agreement among Liberty Variable Investment Trust, Columbia Funds Distributor, Inc. and NYLIAC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(a)(a) to Post-Effective Amendment No. 4 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-IV (File No. 333-106806), filed 10/25/04 and incorporated herein by reference.
8(a)(a)   Form of Participation agreement among Royce Capital Fund, Royce & Associates, LLC and NYLIAC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (h)(19) to Post-Effective Amendment No. 10 to the registration statement on Form N-6 for NYLIAC Corporate Sponsored Variable Universal Life Separate Account-I (File No. 333-48300), filed 6/24/04 and incorporated herein by reference.
8(b)(b)   Administrative Services Letter of Agreement between Columbia Funds Distributor, Inc. and NYLIAC-Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(u) to Post-Effective Amendment No. 18 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-I (File No. 033-53342), filed 4/12/05 and incorporated herein by reference.
8(c)(c)   Form of Administrative Services Agreement by and between Royce & Associates, LLC and NYLIAC-Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(u) to Post-Effective Amendment No. 18 to the registration statement on Form N-4 for NYLIAC NVA Separate Account-I (File No. 033-53342), filed 4/12/05 and incorporated herein by reference.
(8)(d)(d)   Form of Administrative and Shareholder Services Letter of Agreement dated 1/15/98 between Van Eck Worldwide Insurance Trust and NYLIAC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (i)(9) to Post-Effective Amendment No. 11 to the registration statement on Form N-4 for NYLIAC Variable Universal Life Separate Account-I (File No. 333-79309), filed 9/13/05 and incorporated herein by reference.
(8)(e)(e)   Administrative Services Agreement between New York Life Investment Management LLC and NYLIAC dated 1/1/05 – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(w) to Post-Effective Amendment No. 20 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-I (File No. 033-53342), filed 4/10/06 and incorporated herein by reference.
(8)(f)(f)   Participation Agreement among New York Life Insurance and Annuity Corporation, MainStay VP Series Fund, Inc., and New York Life Investment Management LLC dated 10/7/04 – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(y) to Post-Effective Amendment No. 20 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account I (File No. 033-53342), filed 4/10/06 and incorporated herein by reference.
(8)(g)(g)   Form of Participation Agreement among NYLIAC, PIMCO Variable Insurance Trust and PIMCO Advisors Distributors LLC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) ad Exhibit (h)(17) to Post-Effective Amendment No. 9 to the registration statement on Form N-6 for NYLIAC, Corporate Sponsored Variable Universal Life Separate Account-I (File No. 333-48300), filed 4/14/04 and incorporated herein by reference.
(8)(h)(h)   Form of PIMCO Services Agreement For Advisor Class Shares of PIMCO Variable Insurance Trust, dated as of January 14, 2010, between NYLIAC and Pacific Investment Management Company LLC – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(z) to Post-Effective Amendment No. 24 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-I (File No. 033-53342), filed 4/13/10 and incorporated herein by reference.
(8)(i)(i)   Amended and Restated Administrative Services Agreement between New York Life Investment Management LLC and NYLIAC, dated February 17, 2012 – Previously filed in accordance with Regulation S-T 17 CFR 232.102(e) as Exhibit (8)(c)(c) to Post-Effective Amendment No. 26 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-I (File No. 033-53342), filed 4/11/12 and incorporated herein by reference.
(8)(j)(j)   Amended and Restated 12b-1 Plan Services Agreement for the Service Class Shares of the MainStay VP Funds Trust between NYLIFE Distributors LLC and NYLIAC, dated April 29, 2011 – Previously filed in accordance with Regulation S-T 17 CFR 232.102(e) as Exhibit (8)(d)(d) to Post-Effective Amendment No. 26 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-I (File No. 033-53342), filed 4/11/12 and incorporated herein by reference.
(8)(k)(k)   Form of PIMCO Services Agreement for Advisor Class Shares of PIMCO Variable Insurance Trust, dated February 25, 2014, and effective May 1, 2014, between Pacific Investment Management LLC and New York Life Insurance and Annuity Corporation – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit 8(e)(e) to Post-Effective Amendment No. 28 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account – I (File No. 033-53342), filed 4/11/14 and incorporated herein by reference.
(8)(l)(l)   Form of Selling Agreement for Advisor Class Shares of PIMCO Variable Insurance Trust, dated February 25, 2014, between PIMCO Investments LLC and New York Life Insurance and Annuity Corporation – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit 8(f)(f) to Post-Effective Amendment No. 28 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account – I (File No. 033-53342), filed 4/11/14 and incorporated herein by reference.
(8)(m)(m)   Form of Participation Agreement among Columbia Funds Variable Series Trust II, Columbia Management Investment Distributors, Inc. and New York Life Insurance and Annuity Corporation, dated March 1, 2015 – Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (8)(g)(g) to Post-Effective Amendment No. 29 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-I (File No. 033-53342), filed 4/14/2015 and incorporated herein by reference.
(8)(n)(n)   Form of Participation Agreement, dated May 1, 2007, among New York Life Insurance and Annuity Corporation, Deutsche Variable Series I (formerly, DWS Variable Series I), Deutsche Variable Series II (formerly, DWS Variable Series II), Deutsche Investments VIT Funds (formerly, DWS Investments VIT Funds), DeAWM Distributors, Inc. (formerly, DWS Investments Distributors, Inc.) and Deutsche Investment Management Americas Inc. Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (h)(27) to Post-Effective Amendment No. 17 to the registration statement on Form N-6 for NYLIAC Corporate Sponsored Variable Universal Life Separate Account - I (File No. 333-48300), filed 4/18/07 and incorporated herein by reference.
(8)(o)(o)   Administrative Services Letter of Agreement, dated May 1, 2007, between Deutsche Investment Management Americas Inc. and New York Life Insurance and Annuity Corporation. Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (i)(14) to Pre-Effective Amendment No. 1 to the registration statement on Form N-6 for NYLIAC Variable Universal Life Separate Account-I (File No. 333-147707), filed 4/14/08 and incorporated herein by reference.
(9)   Opinion and Consent of Thomas F. English, Esq. Filed herewith.
(10)(a)   Not applicable.
(10)(b)   Powers of Attorney. Previously filed in accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit (10)(b) to Post-Effective Amendment No. 18 to the registration statement on Form N-4 for NYLIAC Variable Annuity Separate Account-IV (File No. 333-156019), filed January 27, 2017 and incorporated herein by reference.
(11)   Not applicable.
(12)   Not applicable.

 

C-3


ITEM 25. DIRECTORS AND OFFICERS OF THE DEPOSITOR

The principal business address of each director and officer of NYLIAC is 51 Madison Avenue, New York, NY 10010.

 

Name:

   Title:   

Theodore A. Mathas

   Director, Chairman & Chief Executive Officer    Director

Christopher Ashe

   Director & Senior Vice President    Director

David G. Bedard

   Director & Senior Vice President    Director

Christopher O. Blunt

   Director, Executive Vice President & President of the Investments Group    Director

John T. Fleurant

   Director, Executive Vice President & Chief Financial Officer    Director

Robert M. Gardner

   Director, Vice President & Controller    Director

Matthew M. Grove

   Director & Senior Vice President    Director

Frank Harte

   Director & Senior Vice President    Director

Thomas A. Hendry

   Director, Senior Vice President & Treasurer    Director

Dylan W. Huang

   Director & Senior Vice President    Director

John Y. Kim

   Director & President    Director

Mark J. Madgett

   Director    Director

Amy Miller

   Director    Director

Arthur H. Seter

   Director, Senior Vice President & Chief Investment Officer    Director

Joel M. Steinberg

   Director, Senior Vice President, Chief Risk Officer & Chief Actuary    Director

Matthew D. Wion

   Director & Senior Vice President    Director

Pedram Afshar

   Senior Vice President    Officer

Sara L. Badler

   Senior Vice President    Officer

Scott L. Berlin

   Senior Vice President    Officer

David J. Castellani

   Senior Vice President    Officer

Thomas Cole

   Senior Vice President    Officer

Alexander I. Cook

   Senior Vice President    Officer

Craig L. DeSanto

   Senior Vice President & Actuary    Officer

Robert A. DiMella

   Senior Vice President    Officer

Thomas F. English

   Senior Vice President, Chief Legal Officer & Secretary    Officer

Stephen P. Fisher

   Senior Vice President    Officer

Thomas J. Girard

   Senior Vice President    Officer

Troy E. Glover

   Senior Vice President    Officer

Robert J. Hebron

   Senior Vice President    Officer

Scott L. Lenz

   Senior Vice President & Chief Tax Counsel    Officer

John M. Loffredo

   Senior Vice President    Officer

Anthony R. Malloy

   Senior Vice President    Officer

Gail A. McDermott

   Senior Vice President    Officer

Barbara J. McInerney

   Senior Vice President & Chief Compliance Officer    Officer

Francis J. Ok

   Senior Vice President    Officer

Jeffrey S. Phlegar

   Senior Vice President    Officer

Neal S. Ramasamy

   Senior Vice President & Chief Technology Officer    Officer

Dan C. Roberts

   Senior Vice President    Officer

Gerard A. Rocchi

   Senior Vice President    Officer

Donald A. Salama

   Senior Vice President    Officer

Richard C. Schwartz

   Senior Vice President    Officer

George S. Shively

   Senior Vice President & Legal Officer    Officer

Andrew P. Starr

   Senior Vice President    Officer

Matthew T. Swanson

   Senior Vice President    Officer

Mark W. Talgo

   Senior Vice President    Officer

Jae Yoon

   Senior Vice President    Officer

Erik A. Anderson

   Vice President & Actuary    Officer

Mitchell P. Ascione

   Vice President    Officer

Karen A. Bain

   Vice President - Tax    Officer

Lee C. Baker

   Vice President    Officer

Judy R. Bartlett

   Vice President & Legal Officer    Officer

Jacqueline M. Barton

   Vice President    Officer

Jeffrey Beligotti

   Vice President & Actuary    Officer

John Bonvouloir

   Vice President    Officer

Elizabeth Brill

   Vice President    Officer

Philip E. Caminiti

   Vice President    Officer

Jeanne M. Carbone

   Vice President    Officer

Ramon A. Casanova

   Vice President & Actuary    Officer

Roger Chen

   Vice President    Officer

George S. Cherpelis

   Vice President    Officer

Louis N. Cohen

   Vice President    Officer

James J. Cristallo

   Vice President & Actuary    Officer

Paul K. Cunningham

   Vice President    Officer

Karen J. DeToro

   Vice President    Officer

Robert H. Dial

   Vice President    Officer

Mayra L. Diaz

   Vice President    Officer

John C. DiRago

   Vice President    Officer

Kathleen A. Donnelly

   Vice President    Officer

Robert Donohue

   Vice President & Assistant Treasurer    Officer

Michael G. Dubrow

   Vice President    Officer

Jonathan Feinstein

   Vice President    Officer

Robert E. Ferguson

   Vice President    Officer

Anthony Ferraro

   Vice President & Actuary    Officer

Edward J. Fitzgerald

   Vice President    Officer

Michael Fong

   Vice President & Actuary    Officer

Stephanie A. Frawley

   Vice President    Officer

Brian Furlong

   Vice President    Officer

Thomas J. Gangemi

   Vice President    Officer

Ross M. Goldstein

   Vice President    Officer

Mary Hallahan

   Vice President & Treasurer    Officer

Jane L. Hamrick

   Vice President & Actuary    Officer

Dale A. Hanley

   Vice President    Officer

Thomas S. Heller

   Vice President    Officer

Eric S. Hoffman

   Vice President    Officer

Angela Huang

   Vice President & Actuary    Officer

Robert J. Hynes

   Vice President    Officer

Robert Karmen

   Vice President & Legal Officer    Officer

Jeffrey Killian

   Vice President    Officer

Terry Kim

   Vice President    Officer

Michael J. Kimble

   Vice President    Officer

Joseph D. Koltisko

   Vice President    Officer

Linda M. Kraus

   Vice President    Officer

Jodi L. Kravitz

   Vice President & Actuary    Officer

Melissa Kuan

   Vice President    Officer

Natalie Lamarque

   Vice President    Officer

Richard B. Leber

   Vice President, Legal Officer & Assistant Secretary    Officer

Brian C. Loutrel

   Vice President & Chief Privacy Officer    Officer

Eric J. Lynn

   Vice President & Actuary    Officer

Ralph S. Marinaccio

   Vice President    Officer

Timothy M. McGinnis

   Vice President    Officer

Stephen J. McNamara

   Vice President & Actuary    Officer

Edward P. Millay

   Vice President    Officer

Ryan J. Morris

   Vice President & Actuary    Officer

Jaime Mosquera

   Vice President & Actuary    Officer

Marijo F. Murphy

   Vice President    Officer

Nicholas Pasyanos

   Vice President & Actuary    Officer

Paul Pecorino

   Vice President    Officer

Valerie L. Perry

   Vice President - Underwriting    Officer

William Petty

   Vice President    Officer

Paul Quartararo

   Vice President & Chief Medical Director    Officer

Jennifer Richards

   Vice President    Officer

Ari Roy

   Vice President    Officer

Janis C. Rubin

   Vice President    Officer

Amaury J. Rzad

   Vice President    Officer

Scott R. Seewald

   Vice President    Officer

Joseph J. Shannon

   Vice President    Officer

Nancy G. Sherman

   Vice President    Officer

Irwin Silber

   Vice President & Actuary    Officer

Kevin M. Smith

   Vice President    Officer

Thomas C. Sorg

   Vice President    Officer

Monica Suryapranata

   Vice President    Officer

Ka Luk Stanley Tai

   Vice President    Officer

William P. Tate

   Vice President    Officer

Sandra G. Tillotson

   Vice President    Officer

Thomas J. Troeller

   Vice President & Actuary    Officer

Victor A. Verastegui

   Vice President    Officer

Taylor Wagenseil

   Vice President    Officer

Robin M. Wagner

   Vice President    Officer

Richard M. Walsh

   Vice President    Officer

Simon Walsh

   Vice President    Officer

Scott W. Weinstein

   Vice President    Officer

Charles A. Whites

   Vice President & Legal Officer    Officer

Michellen Wildin

   Vice President    Officer

Michael A. Yashnyk

   Vice President    Officer

Paul Zeng

   Vice President & Actuary    Officer

 

C-4


ITEM 26. PERSONS CONTROLLED BY OR UNDER COMMON CONTROL WITH DEPOSITOR OR REGISTRANT

The Depositor, NYLIAC, is a wholly-owned subsidiary of New York Life Insurance Company (“New York Life”). The Registrant is a segregated asset account of NYLIAC. The following chart indicates persons presumed to be controlled by New York Life(+), unless otherwise indicated. Subsidiaries of other subsidiaries are indented accordingly, and ownership is 100% unless otherwise indicated.

 

Name

   Jurisdiction of
Organization
 

Percent of Voting

Securities Owned

The MainStay Funds(*)(†)

   Massachusetts  

MainStay VP Funds Trust(*)(†)

   Delaware  

MainStay Funds Trust

   Delaware  

NYL Investors LLC

   (Delaware)  

NYL Investors (U.K.) Limited

   (United Kingdom)  

NYLIM Holdings NCVAD GP, LLC

   (Delaware)  

McMorgan Northern California Value Add/Development Fund I, L.P.

   (Delaware)   (50%)

MNCVAD-IND Greenwood CA LLC

   (Delaware)  

MNCVAD-IND Concourse CA LLC

   (Delaware)  

MNCVAD-IND Norris Canyon CA LLC

   (Delaware)  

MNCVAD-CP Norris Canyon LLC

   (Delaware)   (94%)

MNCVAD-IND Petaluma CA LLC

   (Delaware)  

MNCVAD-OFC 2665 NORTH FIRST CA LLC

   (Delaware)  

MNCVAD-SEAGATE 2665 NORTH FIRST LLC

   (Delaware)   (90%)

MNCVAD-OFC Bridgepointe CA LLC

   (Delaware)  

MNCVAD-OFC RIDDER PARK CA LLC

   (Delaware)  

MNCVAD-GRAYMARK RIDDER

   (Delaware)   (97.50%)

MNCVAD-OFC ONE BAY CA LLC

   (Delaware)  

MNCVAD-HARVEST ONE BAY LLC

   (Delaware)   (95%)

MNCVAD-IND RICHMOND CA LLC

   (Delaware)  

NYL Real Assets LLC

   (Delaware)  

NYL Emerging Manager LLC

   (Delaware)  

NYL Wind Investments LLC

   (Delaware)  

NYLIFE Insurance Company of Arizona

   (Arizona)  

New York Life Insurance and Annuity Corporation

   (Delaware)  

Ausbil IT – Ausbil Microcap Fund

   (Australia)   (NYLIAC: 9.925%)

Ausbil IT – Candriam Sustainable Global Equity Fund

     (NYLIAC: 38.05%)

MacKay Shields Unconstrained Bond Fund

     (NYLIAC: 100%)

New York Life Enterprises LLC

   (Delaware)  

SEAF Sichuan SME Investment Fund LLC

   (Delaware)   (39.98%)

New York Life International Holdings Limited

   (Mauritius)   (8%)1

NYL Cayman Holdings Ltd.

   (Cayman Islands)  

NYL Worldwide Capital Investments LLC

   (Delaware)  

Seguros Monterrey New York Life, S.A. de C.V.

   (Mexico)   (99.998%)2

Administradora de Conductos SMNYL, S.A. de C.V.

   (Mexico)   (99%)

Agencias de Distribucion SMNYL, S.A. de C.V. (“ADIS”)

   (Mexico)   (99%)

Inmobiliaria SMNYL, SA de C.V.

   (Mexico)   (99% ; ADIS: 1%)

Madison Capital Funding LLC

   (Delaware)   (NYLIC: 55%; NYLIAC: 45%) (ownership transferred from NYLIMH to NYLIC)

MCF Co-Investment GP LLC

   (Delaware)  

MCF Co-Investment GP LP

   (Delaware)  

Madison Capital Funding Co-Investment Fund LP

   (Delaware)  

Madison Avenue Loan Fund GP LLC

   (Delaware)  

Madison Avenue Loan Fund LP

   (Delaware)  

MCF Fund I LLC

   (Delaware)  

Warwick McAlester Holdings, LLC

   (Delaware)  

Meeco Sullivan, LLC

   (Delaware)  

Electric Avenue, LLC

   (Delaware)  

Ironshore Investment BL I Ltd.

   (Bermuda)8   (0 voting ownership)

LMF WF Portfolio II, LLC

   (Delaware)8   (0 voting ownership)

MCF CLO I LLC

   (Delaware)   (2.53%)8

MCF CLO III LLC

   (Delaware)   (2.33%)8

MCF CLO II LLC

   (Delaware)8   (0 voting ownership)

MCF CLO IV LLC

   (Delaware)8   (0 voting ownership)

Montpelier Carry Parent, LLC

   (Delaware)  

Montpelier Carry, LLC

   (Delaware)  

Montpelier GP, LLC

   (Delaware)  

Montpelier Fund, L.P.

   (Delaware)  

MCF Mezzanine Carry I LLC

   (Delaware)8  

MCF Mezzanine Fund I LLC

   (Delaware)   (NYLIC: 66.66%; NYLIAC: 33.33%) (MCF is the manager)

Young America Holdings, LLC (“YAH”)

   (Delaware)   (36.35%)8

YAC.ECOM Incorporated

   (Minnesota)  

Young America, LLC (“YALLC”)

   (Minnesota)  

Global Fulfillment Services, Inc.

   (Arizona)  

SourceOne Worldwide, Inc.

   (Minnesota)  

YA Canada Corporation

   (Nova Scotia, Canada)  

Zenith Products Holdings, Inc.

   (Delaware)   (16.36%)8

ZPC Holding Corp.

   (Delaware)  

Zenith Products Corporation

   (Delaware)  

NYLIM Jacob Ballas India Holdings IV

   (Mauritius)  

New York Life Investment Management Holdings LLC

   (Delaware)  

New York Life Investment Management Asia Limited

   (Cayman Islands)  

Institutional Capital LLC

   (Delaware)  

MacKay Shields LLC

   (Delaware)  

MacKay Shields Core Plus Opportunities Fund GP LLC

   (Delaware)  

MacKay Shields Core Plus / Opportunities Fund LP

   (Delaware)  

MacKay Municipal Managers Opportunities GP LLC

   (Delaware)  

MacKay Municipal Opportunities Master Fund, L.P.

   (Delaware)  

MacKay Municipal Opportunities Fund, L.P.

   (Delaware)  

MacKay Municipal Managers Credit Opportunities GP LLC

   (Delaware)  

MacKay Municipal Credit Opportunities Master Fund, L.P.

   (Delaware)  

MacKay Municipal Credit Opportunities Fund, L.P.

   (Delaware)  

MacKay Municipal Short Term Opportunities Fund GP LLC

   (Delaware)  

MacKay Municipal Short Term Opportunities Fund LP

   (Delaware)  

Plainview Funds plc

   (Ireland)   (50%) (MacKay Shields Employee: 50%)

Plainview Funds plc – MacKay Shields Emerging Markets Credit Portfolio

   (Ireland)   (NYLIC: 0.00%; NYLIAC: 99.98%)

Plainview Funds plc – MacKay Shields Flexible Bond Portfolio

   (Ireland)   (NYLIAC: 0%; NYLIC: 0%)

Plainview Funds plc – MacKay Shields Unconstrained Bond Portfolio

   (Ireland)   (NYLIC: 21.09%; MacKay: 1.48%)

Plainview Funds plc – MacKay Shields Floating Rate High Yield Portfolio

   (Ireland)   (NYLIC: 93.01%; MacKay 6.98%)

Plainview Funds plc – MacKay Shields Core Plus Opportunities Portfolio

   (Ireland)   (NYL: 0%)

MacKay Shields Statutory Trust – High Yield Bond Series

   (Connecticut)8  

MacKay Shields High Yield Active Core Fund GP LLC

   (Delaware)  

MacKay Shields High Yield Active Core Fund LP

   (Delaware)  

MacKay Shields Credit Strategy Fund Ltd

   (Cayman Islands)  

MacKay Shields Defensive Bond Arbitrage Fund Ltd.

   (Bermuda)   (14.66%)3

MacKay Shields Core Fixed Income Fund GP LLC

   (Delaware)  

MacKay Shields Core Fixed Income Fund LP

   (Delaware)  

MacKay Shields (International) Ltd.

   (UK)   (“MSIL”)

MacKay Shields (Services) Ltd.

   (UK)   (“MSSL”)

MacKay Shields UK LLP

   (UK)   (MSIL: 99%; MSSL: 1%)

MacKay Shields General Partner (L/S) LLC

   (Delaware)  

MacKay Shields Long/Short Fund LP

   (Delaware)  

MacKay Shields Long/Short Fund (Master), LP

   (Delaware)  

MacKay Shields Global Derivatives LLC

   (Delaware)  

MacKay Municipal Managers Puerto Rico Opportunities GP LLC

   (Delaware)  

MacKay Puerto Rico Opportunities Funds, L.P.

   (Delaware)  

MacKay Puerto Rico Opportunities Feeder Fund, L.P.

   (Cayman Islands)  

MacKay Municipal Managers California Opportunities GP LLC

   (Delaware)  

MacKay Municipal Managers California Opportunities Fund, L.P.

   (Delaware)  

MacKay Municipal New York Opportunities GP LLC

   (Delaware)  

MacKay Municipal New York Opportunities Fund, L.P.

   (Delaware)  

Cornerstone Capital Management Holdings LLC

   (Delaware)  

Cornerstone Capital Management, LLC

   (Delaware)   (51%)

Cornerstone US Equity Market Neutral Fund, LLC

   (Delaware)  

Cornerstone Capital Management Large-Cap Enhanced Index Fund GP, LLC

   (Delaware)  

Cornerstone Capital Management Large-Cap Enhanced Index Fund, L.P.

   (Delaware)  

GoldPoint Partners LLC

   (Delaware)  

New York Life Capital Partners, L.L.C.

   (Delaware)  

New York Life Capital Partners, L.P.

   (Delaware)  

New York Life Capital Partners II, L.L.C.

   (Delaware)  

New York Life Capital Partners II, L.P.

   (Delaware)  

New York Life Capital Partners III GenPar GP, LLC

   (Delaware)  

New York Life Capital Partners III GenPar, L.P.

   (Delaware)  

New York Life Capital Partners III, L.P.

   (Delaware)  

New York Life Capital Partners III-A, L.P.

   (Delaware)  

New York Life Capital Partners IV GenPar GP, LLC

   (Delaware)  

New York Life Capital Partners IV GenPar, L.P.

   (Delaware)  

New York Life Capital Partners IV, L.P.

   (Delaware)  

New York Life Capital Partners IV-A, L.P.

   (Delaware)  

GoldPoint Mezzanine Partners IV GenPar GP, LLC

   (Delaware)  

GoldPoint Mezzanine Partners IV GenPar, LP

   (Delaware)  

GoldPoint Mezzanine Partners Co-Investment Fund A, LP

   (Delaware)  

GoldPoint Mezzanine Partners IV, LP

   (Delaware)   (“GPPIVLP”)

GPP Mezzanine Blocker Holdco A, LP

   (Delaware)   (“GPPMBHA”)

GPP Mezzanine Blocker Holdco Preferred A, LP

   (Delaware)  

GPP Mezzanine Blocker A, LP

   (Delaware)   (GPPMBHA: 7.5%; GPPIVLP: 92.5%)

GPP Mezzanine Blocker Holdco B, LP

   (Delaware)   (“GPPMBHB”)

GPP Mezzanine Blocker B, LP

   (Delaware)   (“GPPMBHB: 4.4%; GPPIVLP: 95.6%)

GoldPoint Mezzanine Partners Offshore IV, L.P.

   (Cayman Islands)  

GoldPoint Partners Co-Investment V GenPar GP LLC

   (Delaware)  

GoldPoint Partners Co-Investment V GenPar, LP

   (Delaware)  

GoldPoint Partners Co-Investment Fund A, LP

   (Delaware)  

GoldPoint Partners Co-Investment V, LP

   (Delaware)**  

GoldPoint Partners Co-Investment V ECI Blocker Holdco A, LP

   (Delaware)  

GoldPoint Partners Co-Investment V ECI Blocker A, LP

   (Delaware)  

GoldPoint Partners Co-Investment V ECI Blocker Holdco B, LP

   (Delaware)  

GoldPoint Partners Co-Investment V ECI Blocker B, LP

   (Delaware)  

GoldPoint Partners Co-Investment V ECI Blocker Holdco C, LP

   (Delaware)  

GoldPoint Partners Co-Investment V ECI Blocker C, LP

   (Delaware)  

GoldPoint Partners Co-Investment V ECI Blocker Holdco D, LP

   (Delaware)  

GoldPoint Partners Co-Investment V ECI Blocker D, LP

   (Delaware)  

GoldPoint Partners Co-Investment V ECI Blocker Holdco E, LP

   (Delaware)  

GoldPoint Partners Co-Investment V ECI Blocker E, LP

   (Delaware)  

GoldPoint Partners Co-Investment V ECI Blocker Holdco F, LP

   (Delaware)  

GoldPoint Partners Co-Investment V ECI Blocker F, LP

   (Delaware)  

GoldPoint Partners Select Manager III GenPar GP, LLC

   (Delaware)  

GoldPoint Partners Select Manager III GenPar, L.P.

   (Cayman Islands)  

GoldPoint Partners Select Manager Fund III, L.P.

   (Cayman Islands)  

GoldPoint Partners Select Manager Fund III AIV, L.P.

   (Delaware)  

GoldPoint Partners Canada III GenPar Inc.

   (Canada)  

GoldPoint Partners Select Manager Canada Fund III, L.P.

   (Canada)  

NYLCAP 2010 Co-Invest GenPar GP, LLC

   (Delaware)  

NYLCAP 2010 Co-Invest GenPar L.P.

   (Delaware)  

NYLCAP 2010 Co-Invest L.P.

   (Delaware)  

NYLCAP 2010 Co-Invest ECI Blocker Holdco A L.P.

   (Delaware)  

NYLCAP 2010 Co-Invest ECI Blocker A L.P.

   (Delaware)  

NYLCAP 2010 Co-Invest ECI Blocker Holdco B L.P.

   (Delaware)  

NYLCAP 2010 Co-Invest ECI Blocker B L.P.

   (Delaware)  

NYLCAP 2010 Co-Invest ECI Blocker Holdco E L.P.

   (Delaware)  

NYLCAP 2010 Co-Invest ECI Blocker E L.P.

   (Delaware)  

NYLCAP 2010 Co-Invest ECI Blocker Holdco F L.P.

   (Delaware)  

NYLCAP 2010 Co-Invest ECI Blocker F L.P.

   (Delaware)  

NYLCAP 2010 Co-Invest ECI Blocker Holdco G L.P.

   (Delaware)  

NYLCAP 2010 C0-Invest ECI Blocker G L.P.

   (Delaware)  

NYLCAP Canada GenPar Inc.

   (Canada)  

NYLCAP Select Manager Canada Fund, LP

   (Canada)  

NYLCAP Canada II GenPar Inc.

   (Canada)  

NYLCAP Select Manager Canada Fund II, L.P.

   (Canada)  

NYLIM Mezzanine GenPar GP, LLC

   (Delaware)  

NYLIM Mezzanine GenPar, LP

   (Delaware)  

New York Life Investment Management Mezzanine Partners, LP

   (Delaware)  

NYLIM Mezzanine Partners Parallel Fund, LP

   (Delaware)  

NYLIM Mezzanine Partners II GenPar GP, LLC

   (Delaware)  

NYLIM Mezzanine Offshore Partners II, LP

   (Cayman Islands)  

NYLIM Mezzanine Partners II GenPar, LP

   (Delaware)  

New York Life Investment Management Mezzanine Partners II, LP

   (Delaware)  

NYLIM Mezzanine II Luxco S.à.r.l.

   (Luxembourg)  

NYLIM Mezzanine Partners II Parallel Fund, LP

   (Delaware)  

NYLIM Mezzanine II Parallel Luxco S.à.r.l.

   (Luxembourg)  

Voice Holdco Ltd.

   (Nova Scotia, Canada)   (27%)9

Voice Holdings Ltd.

   (Nova Scotia, Canada)  

Voice Construction Ltd.

   (Alberta, Canada)  

Voice Construction Opco ULC

   (Alberta, Canada)  

NYLCAP Mezzanine Partners III GenPar GP, LLC

   (Delaware)  

NYLCAP Mezzanine Partners III GenPar, LP

   (Delaware)  

NYLCAP Mezzanine Partners III-K, LP

   (Delaware)**  

NYLCAP Mezzanine Partners III, LP

   (Delaware)**  

NYLCAP Mezzanine Partners III Parallel Fund, LP

   (Delaware)**  

NYLCAP Mezzanine Partners III 2012 Co-Invest, LP

   (Delaware)**  

NYLCAP Mezzanine Partners III 2012 Co-Invest ECI Blocker Holdco A, LP

   (Delaware)  

NYLCAP Mezzanine Partners III 2012 Co-Invest ECI Blocker A, LP

   (Delaware)  

NYLCAP Mezzanine Partners III 2012 Co-Invest ECI Blocker Holdco B, LP

   (Delaware)  

NYLCAP Mezzanine Partners III 2012 Co-Invest ECI Blocker B, LP

   (Delaware)  

NYLCAP Mezzanine Partners III 2012 Co-Invest ECI Blocker Holdco C, LP

   (Delaware)  

NYLCAP Mezzanine Partners III 2012 Co-Invest ECI Blocker C, LP

   (Delaware)  

C.B. Fleet TopCo. LLC

   (Delaware)   (17%**collectively)

NYLCAP Mezzanine Partners III 2012 Co-Invest ECI Blocker Holdco D, LP

   (Delaware)  

NYLCAP Mezzanine Partners III 2012 Co-Invest ECI Blocker D, LP

   (Delaware)  

NYLCAP Mezzanine Partners III 2012 Co-Invest ECI Blocker Holdco E, LP

   (Delaware)  

NYLCAP Mezzanine Partners III 2012 Co-Invest ECI Blocker E, LP

   (Delaware)  

NYLCAP Mezzanine Partners III 2012 Co-Invest ECI Blocker Holdco F, LP

   (Delaware)  

NYLCAP Mezzanine Partners III 2012 Co-Invest ECI Blocker F, LP

   (Delaware)  

NYLCAP Mezzanine Offshore Partners III, L.P.

   (Cayman Islands)  

NYLCAP Select Manager GenPar GP, LLC

   (Delaware)  

NYLCAP Select Manager GenPar, LP

   (Delaware)  

NYLCAP Select Manager Fund, LP

   (Delaware)  

NYLCAP Select Manager Cayman Fund, LP

   (Cayman Islands)  

NYLCAP Select Manager II GenPar GP, LLC

   (Delaware)  

NYLCAP Select Manager II GenPar, L.P.

   (Cayman Islands)  

NYLCAP Select Manager Fund II, L.P.

   (Cayman Islands)**  

NYLCAP India Funding LLC

   (Delaware)  

NYLIM-JB Asset Management Co., LLC

   (Mauritius)   (24.66%)4

New York Life Investment Management India Fund II, LLC

   (Mauritius)  

New York Life Investment Management India Fund (FVCI) II, LLC

   (Mauritius)  

NYLCAP India Funding III LLC

   (Delaware)  

NYLIM-Jacob Ballas Asset Management Co. III, LLC

   (Mauritius)   (24.66%)5

NYLIM Jacob Ballas India Fund III (Mauritius) LLC

    

NYLIM Jacob Ballas Capital India (FVCI) III (Mauritius) LLC

    

NYLIM Jacob Ballas India (FII) III (Mauritius) LLC

    

Evolvence Asset Management, Ltd.

     (Goldpoint: 24.5%)

NYLCAP Holdings

   (Mauritius)  

Jacob Ballas Capital India PVT. Ltd.

   (Mauritius)   (23.30%)

NYLIM Service Company LLC

   (Delaware)  

NYL Workforce GP LLC

   (Delaware)  

New York Life Investment Management LLC

   (Delaware)  

NYLIM-GCR Fund I, LLC

   (Delaware)   (50%)

NYLIM Fund II GP, LLC

   (Delaware)  

NYLIM Real Estate Mezzanine Fund II, LP

   (Delaware)  

NYLIM-TND, LLC

   (Delaware)  

NYLIM-DCM, LLC

   (Delaware)  

NYLIM-MM, LLC

   (Delaware)  

DCM-N, LLC

   (Delaware)   (80%)

DCM Warehouse Series A, LLC

   (Delaware)  

DCM Warehouse Series One, LLC

   (Delaware)  

Sixteen West Savannah, LLC

   (Indiana)  

NYLIM RE Mezzanine Fund II Investment Corporation

   (Delaware)  

WFHG GP, LLC

   (Delaware)   (50%)

Workforce Housing Fund I-2007 LP

   (Delaware)  

(50%)

IndexIQ Holdings Inc.

   (Delaware)   (“IQ Holdings”)

Financial Development LLC

   (Delaware)   (“FD LLC”) (74.37%; IQ Holdings: 25.63%)

IndexIQ Inc.

   (Delaware)  

IndexIQ LLC

   (Delaware)  

IndexIQ Advisors LLC

   (Delaware)  

New York Life Investment Management Holdings International S.a.r.l.

   (Luxembourg)  

New York Life Investment Management Holdings II International S.a.r.l.

   (Luxembourg)  

New York Life Investment Management Global Holdings S.a.r.l.

   (Luxembourg)   (“NYLIMGH”)

Candriam Luxco S.a.r.l.

   (Luxembourg)   (“CANLUXS”)

Candriam Luxembourg

   (Luxembourg)   (“CANLUX”) (NYLIMGH: 96%; 1 share held by CANLUXS)

Candriam Belgium

   (Belgium)   (“CANBEL”) (99.99%; NYLIMGH: 0.01%)

Candriam France

   (France)   (“CANFR”)

Candriam Dublin

   (Ireland)  

Candriam Monétaire

     (CANBEL: 15.17%; CANFR: 5.07%)

Candriam Switzerland LLC

   (Switzerland)  

BIL Prime Advanced Cash + 100

   (Lux)   (CANLUX: 32.02%; CANBEL: 31.24%) (“BILPAC”)

Cordius CIG

   (Lux)   (62.96%; CANBEL: 18.52%; CANFR: 18.52%)

Candriam Bonds Convertible Opportunities

   (Lux)   (CANLUX: 29.39%)

Candriam Alternative Return Equity Market Neutral

   (Lux)   (21.39%)

Ausbil Investment Management Limited

   (Australia)   (78.35%)

Ausbil Australia Pty. Ltd.

   (Australia)  

Ausbil Asset Management Pty. Ltd.

   (Australia)  

Ausbil Dexia Employee Share Trust

     (Ausbil: 100%)

NYLIFE Distributors LLC

   (Delaware)  

Private Advisors L.L.C.

   (Delaware)   (65.85%)

PACIF Carry Parent, LLC

   (Delaware)  

PACIF Carry, LLC

   (Delaware)  

PACIF GP, LLC

   (Delaware)  

Private Advisors Coinvestment Fund, LP

   (Delaware)  

PACIF II GP, LLC

   (Delaware)  

Private Advisors Coinvestment Fund II LP

   (Delaware)  

PACIF II Carry Parent, LLC

   (Delaware)  

PACIF II Carry, LLC

   (Delaware)  

PACIF III GP, LLC

   (Delaware)  

Private Advisors Coinvestment Fund III, LP

   (Delaware)  

PACIF III Carry Parent, LLC

   (Delaware)  

PACIF III Carry, LLC

   (Delaware)  

PACIF IV GP, LLC

   (Delaware)  

Private Advisors Coinvestment Fund IV, LP

   (Delaware)  

PACIF IV Carry Parent, LLC

   (Delaware)  

PACIF IV Carry, LLC

   (Delaware)  

Private Advisors Distressed Opportunities Fund, L.P.

   (Delaware)  

PA Hedged Equity Fund, L.P.

   (Delaware)  

Private Advisors Hedged Equity Fund (QP), L.P.

   (Delaware)  

Private Advisors Hedged Equity Master Fund

   (Delaware)6  

Private Advisors Small Company Buyout Fund II, L.P.

   (Delaware)  

PASCBF III GP, LLC

   (Delaware)  

Private Advisors Small Company Buyout Fund III, LP

   (Delaware)  

PASCBF IV GP, LLC

   (Delaware)  

Private Advisors Small Company Buyout Fund IV, LP

   (Delaware)  

PASCBF IV Carry Parent, LLC

   (Delaware)  

PASCBF IV Carry, LLC

   (Delaware)  

PASCBF V GP, LLC

   (Delaware)  

Private Advisors Small Company Buyout Fund V, LP

   (Delaware)  

Private Advisors Small Company Buyout Fund V–ERISA Fund, LP

   (Delaware)  

PASCBF V Carry Parent, LLC

   (Delaware)  

PASCBF Carry, LLC

   (Delaware)  

PASCPEF VI Carry Parent, LLC

   (Delaware)  

PASCPEF VI Carry, LLC

   (Delaware)  

PASCPEF VI GP, LLC

   (Delaware)  

Private Advisors Small Company Private Equity Fund VI, LP

   (Delaware)  

Private Advisors Small Company Private Equity Fund VI (Cayman), LP

   (Cayman Islands)  

PASCPEF VII GP, LLC

   (Delaware)  

Private Advisors Small Company Private Equity Fund VII, LP

   (Delaware)  

PASCPEF VII Carry Parent, LLC

   (Delaware)  

PASCPEF VII Carry, LLC

   (Delaware)  

Cuyahoga Capital Partners I Management Group, LLC

   (Delaware)  

Cuyahoga Capital Partners I, L.P.

   (Delaware)  

Cuyahoga Capital Partners II Management Group LLC

   (Delaware)  

Cuyahoga Capital Partners II LP

   (Delaware)  

Cuyahoga Capital Partners III Management Group LLC

   (Delaware)  

Cuyahoga Capital Partners III LP

   (Delaware)  

Cuyahoga Capital Partners IV Management Group LLC

   (Delaware)  

Cuyahoga Capital Partners IV LP

   (Delaware)  

Cuyahoga Capital Emerging Buyout Partners Management Group LLC

   (Delaware)  

Cuyahoga Capital Emerging Buyout Partners LP

   (Delaware)  

PA Real Assets Carry Parent, LLC

   (Delaware)  

PA Real Assets Carry, LLC

   (Delaware)  

PA Emerging Manager Carry Parent, LLC

   (Delaware)  

PA Emerging Manager Carry, LLC

   (Delaware)  

RIC I GP, LLC

   (Delaware)  

Richmond Coinvestment Partners I, LP

   (Delaware)  

RIC I Carry Parent, LLC

   (Delaware)  

RIC I Carry, LLC

   (Delaware)  

PASF V GP, LLC

   (Delaware)  

Private Advisors Secondary Fund V, LP

   (Delaware)  

PASF V Carry Parent, LLC

   (Delaware)  

PASF Carry, LLC

   (Delaware)  

PARAF GP, LLC

   (Delaware)  

Private Advisors Real Assets Fund, LP

   (Delaware)  

PARAF Carry Parent, LLC

   (Delaware)  

PARAF Carry, LLC

   (Delaware)  

PASCCIF GP, LLC

   (Delaware)  

Private Advisors Small Company Coinvestment Fund, LP

   (Delaware)  

PASCCIF Carry Parent, LLC

   (Delaware)  

PASCCIF Carry, LLC

   (Delaware)  

Private Advisors Hedged Equity Fund, Ltd.

   (Cayman Islands)   (0%)

Private Advisors Hedged Equity Fund (QP), Ltd.

   (Cayman Islands)   (0%)

Private Advisors Hedged Equity Master Fund, Ltd.

   (Cayman Islands)   (owned by two funds above)

PA Stable Value Fund, Ltd.

   (Cayman Islands)   (0%)

Private Advisors Stable Value ERISA Fund, Ltd.

   (Cayman Islands)   (0%)

Private Advisors Stable Value Master Fund, Ltd.

   (Cayman Islands)   (owned by two funds above)

The Hedged Strategies Fund (QP), Ltd.

   (Cayman Islands)   (0%)

UVF GP, LLC

   (Delaware)  

Undiscovered Value Fund, LP

   (Delaware)  

Undiscovered Value Fund, Ltd.

   (Cayman Islands)8  

Undiscovered Value Master Fund SPC

   (Cayman Islands)  

Madison Core Property Fund LLC

   (Delaware)   (NYL Investors is Non Member Manager)8

MIREF 1500 Quail, LLC

   (Delaware)  

MIREF Mission Heritage, LLC

   (Delaware)  

MIREF Mill Creek, LLC

   (Delaware)  

MIREF Gateway, LLC

   (Delaware)  

MIREF Delta Court, LLC

   (Delaware)  

MIREF Fremont Distribution Center, LLC

   (Delaware)  

1101 Taylor Road LLC

   (Delaware)  

MIREF Century, LLC

   (Delaware)  

MIREF York Road, LLC

   (Delaware)  

York Road EW LLC

   (Delaware)   (64.8%)

York Road Retail West, LLC

   (Delaware)   (64.8%)

2001 EW LLC

   (Delaware)  

2122 EW LLC

   (Delaware)  

MIREF Saddle River LLC

   (Delaware)  

Via Verde San Dimas, LLC

   (Delaware)  

MIREF DC Corp.

   (Delaware)  

MIREF L Street, LLC

   (Delaware)  

1901 L Street Corp.

   (Delaware)  

1901 L Street LLC

   (District of Columbia)  

MIREF Newpoint Commons, LLC

   (Delaware)  

MIREF Northsight, LLC

   (Delaware)  

MIREF Riverside, LLC

   (Delaware)  

MIREF Corporate Woods, LLC

   (Delaware)  

MIREF Bedminster, LLC

   (Delaware)  

MIREF Barton’s Creek, LLC

   (Delaware)  

Barton’s Lodge Apartments, LLC

   (Delaware)   (90%)

MIREF Marketpointe, LLC

   (Delaware)  

MIREF 101 East Crossroads, LLC

   (Delaware)  

101 East Crossroads, LLC

   (Delaware)  

MIREF Waterview, LLC

   (Delaware)  

MIREF Chain Bridge, LLC

   (Delaware)  

1991 Chain Bridge Road, LLC

   (Delaware)  

MIREF Aptakisic, LLC

   (Delaware)  

Aptakisic Creek Corporate Park, LLC

   (Delaware)  

MIREF Hawthorne, LLC

   (Delaware)  

MIREF Auburn 277, LLC

   (Delaware)  

MIREF Sumner North, LLC

   (Delaware)  

MIREF Wellington, LLC

   (Delaware)  

MIREF Warner Center, LLC

   (Delaware)  

MADISON-IND Valley Business Park CA LLC

   (Delaware)  

MADISON-MF Duluth GA LLC

   (Delaware)  

MADISON-MF Casa Santa Fe AZ LLC

   (Delaware)  

MADISON-MF Cabrillo AZ LLC

   (Delaware)  

MADISON-OFC Centerstone I CA LLC

   (Delaware)  

MADISON-OFC Centerstone III CA LLC

   (Delaware)  

MADISON-MOB Centerstone IV CA LLC

   (Delaware)  

MADISON-OFC Canyon Commons CA LLC

   (Delaware)  

MADISON-OFC Centerpoint Plaza CA LLC

   (Delaware)  

MADISON-IND Logistics NC LLC

   (Delaware)  

MCPF-LRC Logistics LLC

   (Delaware)   (90%)

MADISON-MF Desert Mirage AZ LLC

   (Delaware)  

MADISON-OFC One Main Place OR LLC

   (Delaware)  

MADISON-IND Fenton MO LLC

   (Delaware)  

MADISON-IND Hitzert Roadway MO LLC

   (Delaware)  

MADISON-MF Hoyt OR LLC

   (Delaware)  

MADISON-RTL Clifton Heights PA LLC

   (Delaware)  

MADISON-IND Locust CA LLC

   (Delaware)  

MADISON-OFC Weston Pointe FL LLC

   (Delaware)  

MADISON-MF Henderson NV LLC

   (Delaware)  

MCPF-SP Henderson LLC

   (Delaware)   (90%)

MADISON-SP Henderson LLC

   (Delaware)   (90%)

MADISON-IND VISTA LOGISTICS OR LLC

   (Delaware)  

MADISON-SPECHT VISTA LOGISTICS LLC

   (Delaware)   (95%)

MADISON-MF MCCADDEN CA LLC

   (Delaware)  

NYLIM Flatiron CLO 2004-1 Ltd.

   (Cayman Islands)7  

NYLIM Flatiron CLO 2004-1 Equity Holdings LLC, Series A

   (Delaware)  

NYLIM Flatiron CLO 2006-1 Ltd.

   (Cayman Islands)  

NYLIM Flatiron CLO 2006-1 Equity Holdings LLC, Series A

   (Delaware)  

Flatiron CLO 2007-1 Ltd.

   (Cayman Islands)  

NYLIM Flatiron CLO 2007-1 Equity Holdings LLC, Series A

   (Cayman Islands)  

Flatiron CLO 2011-1 Ltd.

   (Cayman Islands)  

Flatiron CLO 2012-1 Ltd.

   (Cayman Islands)  

Flatiron CLO 2013-1-Ltd.

   (Cayman Islands)  

Flatiron CLO 2014-1-Ltd.

   (Cayman Islands)  

Flatiron CLO 2015-1 Ltd.

   (Cayman Islands)  

Flatiron CLO 16 Ltd.

   (Cayman Islands)   (100%)

Stratford CDO 2001-1 Ltd.

   (Cayman Islands)  

Silverado CLO 2006-II Limited

   (Cayman Islands)  

Silverado 2006-II Equity Holdings LLC, Series A

   (Cayman Islands)  

NYLIFE LLC

   (Delaware)  

Eagle Strategies LLC

   (Delaware)  

New York Life Capital Corporation

   (Delaware)  

New York Life Trust Company

   (New York)  

NYL Executive Benefits LLC

   (Delaware)  

NYLIFE Securities LLC

   (Delaware)  

NYLINK Insurance Agency Incorporated

   (Delaware)  

NYLUK I Company

   (United Kingdom)  

NYLUK II Company

   (United Kingdom)  

Gresham Mortgage

   (United Kingdom)  

W Construction Company

   (United Kingdom)  

WUT

   (United Kingdom)  

WIM (AIM)

   (United Kingdom)  

Silver Spring, LLC

   (Delaware)  

Silver Spring Associates, L.P.

   (Pennsylvania)  

SCP 2005-C21-002 LLC

   (Delaware)  

SCP 2005-C21-003 LLC

   (Delaware)  

SCP 2005-C21-006 LLC

   (Delaware)  

SCP 2005-C21-007 LLC

   (Delaware)  

SCP 2005-C21-008 LLC

   (Delaware)  

SCP 2005-C21-009 LLC

   (Delaware)  

SCP 2005-C21-017 LLC

   (Delaware)  

SCP 2005-C21-018 LLC

   (Delaware)  

SCP 2005-C21-021 LLC

   (Delaware)  

SCP 2005-C21-025 LLC

   (Delaware)  

SCP 2005-C21-031 LLC

   (Delaware)  

SCP 2005-C21-036 LLC

   (Delaware)  

SCP 2005-C21-041 LLC

   (Delaware)  

SCP 2005-C21-043 LLC

   (Delaware)  

SCP 2005-C21-044 LLC

   (Delaware)  

SCP 2005-C21-048 LLC

   (Delaware)  

SCP 2005-C21-061 LLC

   (Delaware)  

SCP 2005-C21-063 LLC

   (Delaware)  

SCP 2005-C21-067 LLC

   (Delaware)  

SCP 2005-C21-069 LLC

   (Delaware)  

SCP 2005-C21-070 LLC

   (Delaware)  

NYMH-Ennis GP, LLC

   (Delaware)  

NYMH-Ennis, L.P.

   (Texas)  

NYMH-Freeport GP, LLC

   (Delaware)  

NYMH-Freeport, L.P.

   (Texas)  

NYMH-Houston GP, LLC

   (Delaware)  

NYMH-Houston, L.P.

   (Texas)  

NYMH-Plano GP, LLC

   (Delaware)  

NYMH-Plano, L.P.

   (Texas)  

NYMH-San Antonio GP, LLC

   (Delaware)  

NYMH-San Antonio, L.P.

   (Texas)  

NYMH-Stephenville GP, LLC

   (Delaware)  

NYMH-Stephenville, L.P.

   (Texas)  

NYMH-Taylor GP, LLC

   (Delaware)  

NYMH-Taylor, L.P.

   (Texas)  

NYMH-Attleboro MA, LLC

   (Delaware)  

NYMH-Farmingdale, NY LLC

   (Delaware)  

NYLMDC-King of Prussia GP, LLC

   (Delaware)  

NYLMDC-King of Prussia Realty, LP

   (Delaware)  

NYLife Real Estate Holdings LLC

   (Delaware)  

Huntsville NYL LLC

   (Delaware)  

CC Acquisitions, LP

   (Delaware)  

NYL Midwest Apartments LLC

   (Delaware)  

REEP-IND Continental NC LLC

   (Delaware)  

LRC-Patriot, LLC

   (Delaware)   (93%)

REEP-LRC Industrial LLC

   (Delaware)  

REEP-IND Forest Park NJ LLC

   (Delaware)  

FP Building 4 LLC

   (Delaware)  

FP Building 1-2-3 LLC

   (Delaware)  

FP Building 17, LLC

   (Delaware)  

FP Building 18, LLC

   (Delaware)  

FP Building 19, LLC

   (Delaware)  

FP Building 20, LLC

   (Delaware)  

FP Mantua Grove LLC

   (Delaware)  

FP Lot 1.01 LLC

   (Delaware)  

REEP-IND NJ LLC

   (Delaware)  

NJIND JV LLC

   (Delaware)  

NJIND Hook Road LLC

   (Delaware)  

NJIND Raritan Center LLC

   (Delaware)  

NJIND Talmadge Road LLC

   (Delaware)  

NJIND Bay Avenue LLC

   (Delaware)  

NJIND Melrich Road LLC

   (Delaware)  

NJIND Carter Drive LLC

   (Delaware)  

NJIND Corbin Street LLC

   (Delaware)  

REEP-IND Valwood TX LLC

   (Delaware)  

REEP-MF Cumberland TN LLC

   (Delaware)  

Cumberland Apartments, LLC

   (Tennessee)  

REEP-MF Enclave TX LLC

   (Delaware)  

Enclave CAF LLC

   (Delaware)  

REEP-MF Marina Landing WA LLC

   (Delaware)  

REEP-SP Marina Landing LLC

   (Delaware)   (98%)

REEP-MF Mira Loma II TX LLC

   (Delaware)  

Mira Loma II, LLC

   (Delaware)   (50%)

REEP-MF Summitt Ridge CO LLC

   (Delaware)  

Summitt Ridge Apartments, LLC

   (Delaware)  

REEP-MF Woodridge IL LLC

   (Delaware)  

REEP-OF Centerpointe VA LLC

   (Delaware)  

Centerpointe (Fairfax) Holdings LLC

   (Delaware)   (50%)

REEP-OFC 525 N Tryon NC LLC

   (Delaware)  

525 Charlotte Office LLC

   (Delaware)   (95%)

REEP-OFC 575 Lex NY LLC

   (Delaware)  

REEP-OFC 575 Lex NY GP LLC

   (Delaware)  

Maple REEP-OFC 575 Lex Holdings LP

   (Delaware)   (50%)

Maple REEP-OFC 575 Lex Owner LLC

   (Delaware)   (50%)

REEP OFC Westory DC LLC

   (Delaware)  

REEP-RTL SASI GA LLC

   (Delaware)  

REEP-RTL Bradford PA LLC

   (Delaware)  

REEP-OFC Royal Centre GA LLC

   (Delaware)  

Royal Centre, LLC

   (Delaware)   (90%)

REEP-RTL CTC NY LLC

   (Delaware)  

Cortlandt Town Center LLC

   (Delaware)   (65%)

REEP-OFC 5005 LBJ Freeway TX LLC

   (Delaware)   (97%)

5005 LBJ Tower LLC

   (Delaware)   (97%)

REEP-MF SPENCER NV LLC

   (Delaware)  

REEP-HZ SPENCER JV LLC

   (Delaware)   (92.7%)

REEP-HZ SPENCER LLC

   (Delaware)   (92.7%)

2015 DIL PORTFOLIO HOLDINGS LLC

   (Delaware)   (NYLIC: 62.307692%; NYLIAC: 37.692308%)

CT 611 W. JOHNSON AVE LLC

   (Delaware)  

CT 550 RESEARCH PKWY LLC

   (Delaware)  

CT 160 CORPORATE COURT LLC

   (Delaware)  

NJ 663 E. CRESCENT AVE LLC

   (Delaware)  

NJ 1881 ROUTE 46 LLC

   (Delaware)  

PA 180 KOST RD LLC

   (Delaware)  

REEP-IND 10 WEST AZ LLC

   (Delaware)  

REEP-IND Aegean MA LLC

   (Delaware)  

REEP-IND CHINO CA LLC

   (Delaware)  

REEP-IND FREEDOM MA LLC

   (Delaware)  

REEP-IND Fridley MN LLC

   (Minnesota)  

REEP-IND Green Oaks IL LLC

   (Delaware)  

REEP-IND Kent LLC

   (Delaware)  

REEP-IND LYMAN MA LLC

   (Delaware)  

REEP-IND RTG NC LLC

   (Delaware)  

REEP-MF Chandler AZ LLC

   (Delaware)  

REEP-MF FOUNTAIN PLACE MN LLC

   (Delaware)  

REEP-MF Issaquah WA LLC

   (Delaware)  

REEP-MF Mount Vernon GA LLC

   (Delaware)  

REEP-MF Verde NC LLC

   (Delaware)  

REEP-MF Wallingford WA LLC

   (Delaware)  

REEP-OFC Bellevue WA LLC

   (Delaware)  

REEP-OFC DRAKES LANDING CA LLC

   (Delaware)  

REEP-OFC CORPORATE POINTE CA LLC

   (Delaware)  

REEP-OFC VON KARMAN CA LLC

   (Delaware)  

REEP-OFC WATER RIDGE NC LLC

   (Delaware)  

REEP-OFC WATER RIDGE NC HOLDCO LLC

   (Delaware)  

REEP-OFC ONE WATER RIDGE NC LLC

   (Delaware)  

REEP-OFC TWO WATER RIDGE NC LLC

   (Delaware)  

REEP-OFC FOUR WATER RIDGE NC LLC

   (Delaware)  

REEP-OFC FIVE WATER RIDGE NC LLC

   (Delaware)  

REEP-OFC SIX WATER RIDGE NC LLC

   (Delaware)  

REEP-OFC SEVEN WATER RIDGE NC LLC

   (Delaware)  

REEP-OFC EIGHT WATER RIDGE NC LLC

   (Delaware)  

REEP-OFC NINE WATER RIDGE NC LLC

   (Delaware)  

REEP-OFC TEN WATER RIDGE NC LLC

   (Delaware)  

REEP-OFC ELEVEN WATER RIDGE NC LLC

   (Delaware)  

REEP-RTL BROOKHAVEN PA LLC

   (Delaware)  

REEP-MF FOUNTAIN PLACE MN LLC

   (Delaware)  

REEP-OFC ONE BOWDOIN SQUARE MA LLC

   (Delaware)  

PTC Acquisitions, LLC

   (Delaware)  

Martingale Road LLC

   (Delaware)  

New York Life Funding

   (Cayman Islands)8  

New York Life Global Funding

   (Delaware)8  

NYL Equipment Issuance Trust

   (Delaware)9  

NYL Equipment Issuance Trust 2014-2

   (Delaware)9  

Government Energy Savings Trust 2003-A (GEST)

   (New York)9  

UFI-NOR Federal Receivables Trust, Series 2009B

   (New York)9  

NYLARC Holding Company Inc.

   (Arizona)8  

New York Life Agents Reinsurance Company

   (Arizona)8  

Samsung US Dynamic Asset Allocation Securities Feeder Investment Trust H (NYL: 49.1%)

    

 

(+)

By including the indicated corporations in this list, New York Life is not stating or admitting that said corporations are under its actual control; rather, these corporations are listed here to ensure full compliance with the requirements of this Form N-4.

(*) 

Registered investment company as to which New York Life and/or its subsidiaries perform one or more of the following services: investment management, administrative, distribution, transfer agency and underwriting services. It is not a subsidiary of New York Life and is included for informational purposes only.

(†) 

New York Life Investment Management LLC serves as investment adviser to this entity, the shares of which are held of record by separate accounts of NYLIAC. New York Life disclaims any beneficial ownership and control of this entity. New York Life and NYLIAC as depositors of said separate accounts have agreed to vote their shares as to matters covered in the proxy statement in accordance with voting instructions received from holders of variable annuity and variable life insurance policies at the shareholders meeting of this entity. It is not a subsidiary of New York Life, but is included here for informational purposes only.

1 NYL Cayman Holdings Ltd. owns 92%.
2 NYL Worldwide Capital Investment LLC owns 0.002%.
3 NYLIC owns 13.61%, NYLIAC owns 0.00%, and MacKay owns 1.05% for a total ownership of 14.66%.
4 NYLCAP Manager LLC owns 24.66% of the voting management shares. NYLCAP India Funding LLC owns 36% of non-voting carry shares.
5 NYLCAP Manager LLC owns 24.66% of the voting management shares. NYLCAP India Funding III LLC owns 31.36% of non-voting carry shares.
6 Private Advisors Hedged Equity Fund (QP), L.P. owns 33.61% and PA Hedged Equity Fund, L.P. owns 66.39% of the Master Fund.
7 Control of each CLO/CDO and other entities is pursuant to an investment management contract with NYLIM or affiliate, not through ownership of voting interests unless, otherwise, ownership noted.
8 Control is through a reliance relationship between NYLIC and this entity, not ownership of voting interests.
9 Control is through financial interest, not ownership of voting interests.

 

C-5


ITEM 27. NUMBER OF CONTRACT OWNERS

As of December 31, 2016 there were approximately 16,323 owners of Qualified Policies and 1,178 owners of Non-Qualified Policies under this Registration Statement.

 

ITEM 28. INDEMNIFICATION

Article IX of the Amended and Restated By-Laws of New York Life Insurance and Annuity Corporation (“NYLIAC”) provides that NYLIAC shall indemnify and hold harmless (including the provision of a defense) certain persons to the fullest extent permitted by the Delaware General Corporation Law against all expenses, costs, judgments, penalties, fines, liability and loss (including attorneys’ fees, judgments, fines, ERISA excise taxes or penalties and amount paid in settlement) that any such person reasonably incurs or suffers if he/she is made party (or threatened to be made party) or is otherwise involved in a claim, action, suit, or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he/she is (or was) a Director or officer of NYLIAC or was serving at NYLIAC’s request as a Director, officer, or trustee of another corporation or of a partnership, joint venture, trust or other enterprise, including service with respect to an employee benefit plan. Such persons also have the right to have NYLIAC pay the reasonable expenses (including reasonable attorneys’ fees) incurred in the defense of any proceedings in advance of their final disposition, subject to certain conditions. NYLIAC may also, to the extent authorized by its Board of Directors, grant rights to indemnification and to the advancement of expenses to any employee or agent of NYLIAC.

Please refer to Article IX of the Amended and Restated By-Laws of NYLIAC (Exhibit No. (6)(b)(3) hereto) for the full text of the indemnification provisions.

Insofar as indemnification for liabilities arising under the Securities Act of 1933 may be permitted to Directors, officers and controlling persons of the Registrant pursuant to the provisions described above, 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.

 

C-6


ITEM 29. PRINCIPAL UNDERWRITERS

(a) Investment companies (other than the Registrant) for which NYLIFE Distributors LLC is currently acting as underwriter:

NYLIAC Corporate Sponsored Variable Universal Life Separate Account-I

NYLIAC Variable Universal Life Separate Account-I

NYLIAC MFA Separate Account-I

NYLIAC MFA Separate Account-II

NYLIAC Variable Annuity Separate Account-I

NYLIAC Variable Annuity Separate Account-II

NYLIAC Variable Annuity Separate Account-III

NYLIAC VLI Separate Account

MainStay Funds Trust

The Mainstay Funds

Mainstay VP Funds Trust

(b) Directors and Officers.

The principal business address of each director and officer of NYLIFE Distributors LLC is 30 Hudson Street, Jersey City, NJ 07302.

 

Names of Directors and Officers

  

Positions and Offices with Underwriter

Stephen P. Fisher

   Chairman of the Board and Chief Executive Officer

Robert M. Gardner

   Manager

Frank Harte

   Manager, Senior Vice President & Chief Financial Officer

John W. Akkerman

   Senior Managing Director, MacKay Shields Institutional Sales

Christopher O. Blunt

   Senior Managing Director & President, Investment Group

Robert J. Hebron

   Senior Managing Director, Advanced Markets Network

Dylan W. Huang

   Senior Managing Director, Individual Annuities

Yie-Hsin Hung

   Senior Vice President Investment Management

Barbara J. McInerney

   Senior Managing Director, Compliance

Robert M. Barrack

   Managing Director, GoldPoint Partners Institutional Sales

James J. Cristallo

   Managing Director, Advanced Markets Network

David Fogel

   Managing Director, Index IQ

Mark A. Gomez

   Managing Director and General Counsel

John J. O’Gara

   Managing Director, US Life and Agency Product Consulting

Amanda S. Parness

   Managing Director, GoldPoint Partners Institutional Sales

Christopher R. Stringer

   Managing Director

Robin M. Wagner

   Managing Director and Chief Compliance Officer

Brian D. Wickwire

   Managing Director, NYLIM Service Company, Controller and Chief Operating Officer

Karen A. Bain

   Vice President - Tax

Marta Hansen

   Director, Financial Operations Principal and Treasurer

Rafaela M. Herrera

   Director, Compliance and Sales Material Review

Linda M. Howard

   Director, Compliance, Anti-Money Laundering Officer, and Office of Foreign Assets Control Officer

George S. Shively

   Secretary

Colleen A. Meade

   Assistant Secretary

Elizabeth A. Sharrier

   Assistant Secretary

 

C-7


(c) Commissions and Other Compensation

 

               

        Name of

      Principal

    Underwriter

 

New Underwriting

Discounts and

Commissions

  Compensation on
Redemption  or
Annuitization
  Brokerage
Commission
  Compensation

NYLIFE Distributors LLC

  -0-   -0-   -0-   -0-

 

ITEM 30. LOCATION OF ACCOUNTS AND RECORDS

All accounts and records required to be maintained by Section 31(a) of the 1940 Act and the rules under it are maintained by NYLIAC at its home office, 51 Madison Avenue, Room 0150, New York, New York 10010; New York Life – Records Division, 110 Cokesbury Road, Lebanon, New Jersey 08833 and with Iron Mountain Records Management, Inc. at both 8 Neptune Drive, Poughkeepsie, New York 12601 and Route 9W South, Port Ewen, New York 12466-0477.

 

ITEM 31. MANAGEMENT SERVICES – Not applicable.

 

ITEM 32. UNDERTAKINGS – Registrant hereby undertakes:

(a) 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) 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) 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.

REPRESENTATION AS TO THE REASONABLENESS OF AGGREGATE FEES AND CHARGES

New York Life Insurance and Annuity Corporation (“NYLIAC”), the sponsoring insurance company of NYLIAC Variable Annuity Separate Account-IV, hereby represents that the fees and charges deducted under the annuities described in this Registration Statement are reasonable in relation to the services rendered, the expenses expected to be incurred and the risks assumed by NYLIAC.

 

C-8


SECTION 403(b) REPRESENTATIONS

Registrant represents that it is relying on a no-action letter dated November 28, 1988, to the American Council of Life Insurance (Ref. No. IP-6-88) regarding Sections 22(e), 27(c)(1), and 27(d) of the Investment Company Act of 1940, in connection with redeemability restrictions on Section 403(b) Policies, and that paragraphs numbered (1) through (4) of that letter will be complied with.

 

C-9


SIGNATURES

As required by the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant certifies that it meets the requirements of Securities Act Rule 485(a)(i) for effectiveness of this Registration Statement and has caused this Amendment to the Registration Statement to be signed on its behalf in New York, New York on January 27, 2017.

 

NYLIAC VARIABLE ANNUITY
SEPARATE ACCOUNT - IV
(Registrant)
By:  

/s/    Dylan W. Huang        

  Name: Dylan W. Huang
  Title: Senior Vice President

NEW YORK LIFE INSURANCE AND

ANNUITY CORPORATION

(Depositor)
By:  

/s/    Dylan W. Huang        

  Name: Dylan W. Huang
  Title: Senior Vice President

As required by the Securities Act of 1933, this Amendment to the Registration Statement has been signed by the following persons in the capacities and on the date indicated.

 

Christopher Ashe*

   Director

David G. Bedard*

   Director

Christopher O. Blunt*

   Director

John T. Fleurant*

   Director and (Chief Financial Officer)

Robert M. Gardner*

   Director and (Principal Accounting Officer)

Frank Harte*

   Director

Thomas A. Hendry*

   Director

Dylan W. Huang*

   Director

John Y. Kim*

   Director and President

Mark J. Madgett*

   Director

Theodore A. Mathas*

   Chairman and (Principal Executive Officer)

Amy Miller*

   Director

Arthur H. Seter*

   Director

Joel M. Steinberg*

   Director

Matthew D. Wion*

   Director

 

By:

 

/s/    Dylan W. Huang

  Dylan W. Huang
 

Attorney-in-Fact

 

  January 27, 2017

 

 

*  Pursuant to Powers of Attorney incorporated herein by reference.


EXHIBIT INDEX

 

Exhibit Number

                               Description
(9)   Opinion and Consent of Thomas F. English, Esq.