File Nos. 333-00373
811-07501
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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM N-4
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 [ ]
Pre-Effective Amendment No. [ ]
Post-Effective Amendment No. _5_ [X]
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940 [ ]
Amendment No. _6_ [X]
(Check appropriate box or boxes.)
Conseco Variable Annuity Account G
_________________________________________________
(Exact Name of Registrant)
Conseco Variable Insurance Company
_________________________________________
(Name of Depositor)
11815 N. Pennsylvania Street, Carmel, Indiana 46032-4572
______________________________________________ __________
(Address of Depositor's Principal Executive Offices) (Zip Code)
Depositor's Telephone Number, including Area Code (317) 817-3700
Name and Address of Agent for Service
Michael A. Colliflower
Secretary and General Counsel
Conseco Variable Insurance Company
11815 N. Pennsylvania Street
Carmel, Indiana 46032-4572
Copies to:
Judith A. Hasenauer
Blazzard, Grodd & Hasenauer, P.C.
P.O. Box 5108
Westport, CT 06881
(203) 226-7866
It is proposed that this filing will become effective:
___ immediately upon filing pursuant to paragraph (b) of Rule 485
_X_ on May 1, 2000 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 Registered:
Individual and Group Variable Annuity Contracts and Certificates
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CROSS REFERENCE SHEET
(Required by Rule 495)
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Item No. Location
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PART A
Item 1. Cover Page . . . . . . . . . . . . . . . . . Cover Page
Item 2. Definitions. . . . . . . . . . . . . . . . . Index of Special Terms
Item 3. Synopsis . . . . . . . . . . . . . . . . . . Highlights
Item 4. Condensed Financial Information. . . . . . . Appendix-Condensed
Financial Informa-
tion
Item 5. General Description of Registrant, Depositor,
and Portfolio Companies. . . . . . . . . . . . Conseco Variable;
The Separate
Account; Invest-
ment Options; Appendix B
Item 6. Deductions and Expenses . . . . . . . . . . . Expenses
Item 7. General Description of Variable Annuity
Contracts. . . . . . . . . . . . . . . . . . . The Annuity
Contract
Item 8. Annuity Period. . . . . . . . . . . . . . . . Annuity Payments
(The Income Phase)
Item 9. Death Benefit. . . . . . . . . . . . . . . . . Death Benefit
Item 10. Purchases and Contract Value.. . . . . . . . . Purchase
Item 11. Redemptions. . . . . . . . . . . . . . . . . . Access to Your
Money
Item 12. Taxes. . . . . . . . . . . . . . . . . . . . . Taxes
Item 13. Legal Proceedings. . . . . . . . . . . . . . . None
Item 14. Table of Contents of the Statement of
Additional Information. . . . . . . . . . . . Table of Contents of
the Statement of
Additional Information
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CROSS REFERENCE SHEET (CONT'D)
(REQUIRED BY RULE 495)
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Item No. Location
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PART B
Item 15. Cover Page. . . . . . . . . . . . . . . . . . Cover Page
Item 16. Table of Contents. . . . . . . . . . . . . . . Table of Contents
Item 17. General Information and History. . . . . . . . The Company
Item 18. Services. . . . . . . . . . . . . .. . . . . . Not Applicable
Item 19. Purchase of Securities Being Offered. . . . . Not Applicable
Item 20. Underwriters. . . . . . . . . . . . . . . . . Distributor
Item 21. Calculation of Performance Data. . . .. . . . Performance
Information
Item 22. Annuity Payments. . . . . . . . . . . . . . . Annuity Provisions
Item 23. Financial Statements. . . . . . . . . . . . . Financial Statements
</TABLE>
PART C
Information required to be included in Part C is set forth under the appropriate
Item so numbered, in Part C to this Registration Statement.
PART A
The Fixed And Variable Annuity
issued by
CONSECO VARIABLE ANNUITY ACCOUNT G
and
CONSECO VARIABLE INSURANCE COMPANY
This prospectus describes the Group and Individual Fixed and Variable
Annuity Contract offered by Conseco Variable Insurance Company (Conseco
Variable).
The annuity Contract has 48 investment choices - 47 investment portfolios
listed below and an interest adjustment account. You can put your money in
any of the investment portfolios and/or the interest adjustment account.
Currently, you can invest in up to 15 investment portfolios at any one time.
Your investments in the portfolios are not guaranteed. You could lose your
money. Money you direct into the interest adjustment account earns interest
at a rate guaranteed by Conseco Variable.
Conseco Series Trust
Managed by Conseco Capital Management, Inc.
o Conseco 20 Focus Portfolio
o Equity Portfolio
o Balanced Portfolio
o High Yield Portfolio
o Fixed Income Portfolio
o Government Securities Portfolio
o Money Market Portfolio
The Alger American Fund
Managed by Fred Alger Management, Inc.
o Alger American Growth Portfolio
o Alger American Leveraged AllCap Portfolio
o Alger American MidCap Growth Portfolio
o Alger American Small Capitalization Portfolio
American Century Variable Portfolios, Inc.
Managed by American Century Investment Management, Inc.
o VP Income & Growth
o VP International
o VP Value
Berger Institutional Products Trust
Managed by Berger LLC
o Berger IPT-Growth Fund (formerly, Berger IPT--100 Fund)
o Berger IPT-Growth and Income Fund
o Berger IPT-Small Company Growth Fund
o Berger IPT-New Generation Fund
Managed by BBOI Worldwide LLC
o Berger/BIAM IPT International Fund
The Dreyfus Socially Responsible Growth Fund, Inc.
Managed by The Dreyfus Corporation
Dreyfus Stock Index Fund
Managed by The Dreyfus Corporation
Dreyfus Variable Investment Fund ("Dreyfus VIF")
Managed by The Dreyfus Corporation
o Dreyfus VIF Disciplined Stock Portfolio
o Dreyfus VIF International Value Portfolio
Federated Insurance Series
Managed by Federated Investment Management Company
o Federated High Income Bond Fund II
o Federated Utility Fund II
Managed by Federated Global Investment Management Corp.
o Federated International Equity Fund II
INVESCO Variable Investment Funds, Inc. (not available for new sales as of
May 1, 2000)
Managed by INVESCO Funds Group, Inc.
o INVESCO VIF - High Yield Fund
o INVESCO VIF - Equity Income Fund
Janus Aspen Series
Managed by Janus Capital Corporation
o Aggressive Growth Portfolio
o Growth Portfolio
o Worldwide Growth Portfolio
Lazard Retirement Series, Inc.
Managed by Lazard Asset Management
o Lazard Retirement Equity Portfolio
o Lazard Retirement Small Cap Portfolio
Lord Abbett Series Fund, Inc.
Managed by Lord, Abbett & Co.
o Growth & Income Portfolio
Mitchell Hutchins Series Trust
Managed by Mitchell Hutchins Asset Management Inc.
o Growth and Income Portfolio
Neuberger Berman Advisers Management Trust
Managed by Neuberger Berman Management Inc.
o Limited Maturity Bond Portfolio
o Partners Portfolio
Rydex Variable Trust
Managed by PADCO Advisors II, Inc.
o OTC Fund
o Nova Fund
Seligman Portfolios, Inc.
Managed by J. & W. Seligman & Co. Incorporated
o Seligman Communications and Information Portfolio
o Seligman Global Technology Portfolio
Strong Opportunity Fund II, Inc.
Advised by Strong Capital Management, Inc.
o Opportunity Fund II
Strong Variable Insurance Funds, Inc.
Advised by Strong Capital Management, Inc.
o Strong Mid Cap Growth Fund II
Van Eck Worldwide Insurance Trust
Managed by Van Eck Associates Corporation
o Worldwide Bond Fund
o Worldwide Emerging Markets Fund
o Worldwide Hard Assets Fund
o Worldwide Real Estate Fund
Please read this prospectus before investing and keep it on file for
future reference. It contains important information about the Monument Series
Fixed and Variable Annuity Contract.
To learn more about the Monument Series Fixed and Variable Annuity
Contract, you can obtain a copy of the Statement of Additional Information (SAI)
dated May 1, 2000. The SAI has been filed with the Securities and Exchange
Commission (SEC) and is legally a part of this prospectus. The SEC has a Web
site (http://www.sec.gov) that contains the SAI, material incorporated by
reference, and other information regarding companies that file electronically
with the SEC. The Table of Contents of the SAI is on Page __ of this prospectus.
For a free copy of the SAI, call us at (800) 824-2726 or write us at our
administrative office: 11815 N. Pennsylvania Street, Carmel, Indiana 46032.
The Contracts:
o are not bank deposits
o are not federally insured
o are not endorsed by any bank or government agency
o are not guaranteed and may be subject to loss of principal
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The Securities and Exchange Commission has not approved or disapproved
these securities or determined if this prospectus is accurate or complete. Any
representation to the contrary is a criminal offense.
May 1, 2000
Table of Contents
Page
Index of Special Terms......................................................
Highlights..................................................................
Fee Table...................................................................
1. The Monument Series Annuity Contract....................................
2. Annuity Payments (The Income Phase).....................................
3. Purchase................................................................
Purchase Payments.....................................................
Allocation of Purchase Payments.......................................
Free-Look.............................................................
Accumulation Units....................................................
4. Investment Options......................................................
Investment Portfolios.................................................
The Interest Adjustment Account.......................................
Voting Rights.........................................................
Substitution..........................................................
Transfers.............................................................
Dollar Cost Averaging Program.........................................
Rebalancing Program...................................................
5. Expenses................................................................
Insurance Charges.....................................................
Contract Maintenance Charge...........................................
Transfer Fee..........................................................
Premium Taxes.........................................................
Income Taxes..........................................................
Investment Portfolio Expenses.........................................
6. Taxes...................................................................
Annuity Contracts In General..........................................
Qualified And Non-Qualified Contracts.................................
Withdrawals-Non-Qualified Contracts...................................
Withdrawals-Qualified Contracts.......................................
Withdrawals-Tax Sheltered Annuities...................................
Diversification.......................................................
Investor Control......................................................
7. Access To Your Money....................................................
Systematic Withdrawal Program.........................................
Suspension of Payments or Transfers...................................
8. Performance.............................................................
9. Death Benefit...........................................................
Upon Your Death.......................................................
Death Of Annuitant....................................................
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Table Of Contents (cont'd)
Page
10. Other Information......................................................
Conseco Variable....................................................
The Separate Account................................................
Distributor.........................................................
Ownership...........................................................
Beneficiary.........................................................
Assignment..........................................................
Financial Statements................................................
Table of Contents of the Statement of Additional Information................
Appendix A - Condensed Financial Information................................
Appendix B - Participating Investment Portfolios............................
CONSECO VARIABLE INSURANCE COMPANY
2000 Account G
Individual and Group Annuity
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Index Of Special Terms
Because of the complex nature of the contract, we have used certain words
or terms in this prospectus which may need an explanation. We have identified
the following as some of these words or terms. The page that is indicated
here is where we believe you will find the best explanation for the word or
term. These words and terms are in italics on the indicated page.
Page
Accumulation Phase..........................................................
Accumulation Unit...........................................................
Annuitant...................................................................
Annuity Date................................................................
Annuity Options.............................................................
Annuity Payments............................................................
Annuity Unit................................................................
Beneficiary.................................................................
Contract....................................................................
Income Phase................................................................
Investment Portfolios.......................................................
Joint Owner.................................................................
Non-Qualified...............................................................
Owner.......................................................................
Purchase Payment............................................................
Qualified...................................................................
Tax-Deferral................................................................
HIGHLIGHTS
The variable annuity contract that we are offering is a contract between you
(the owner) and us (the insurance company). The contract provides a way for
you to invest on a tax-deferred basis in the sub-accounts (also referred to
as investment portfolios) of the Conseco Variable Annuity Account G (Separate
Account) and the interest adjustment account. Prior to May 1, 2000, the
interest adjustment account was known as the market value adjustment account
option. In certain states, the interest adjustment account option may not be
available. The contract is intended to be used to accumulate money for
retirement or other long-term tax-deferred investment purposes.
All deferred annuity contracts, like the contract, have two periods: the
accumulation phase and the income phase. During the accumulation phase,
any earnings accumulate on a tax-deferred basis and are taxed as ordinary
income when you make a withdrawal. The income phase occurs when you begin
receiving regular annuity payments from your contract.
You can choose to receive annuity payments on a variable basis, on a fixed
basis or a combination of both. If you choose variable payments, the amount
of the variable annuity payments will depend upon the investment performance
of the investment portfolios you select for the income phase. If you
choose fixed payments, the amount of the fixed annuity payments are constant
for the entire income phase.
FREE LOOK. If you cancel the contract within 10 days after receiving it (or
whatever longer time period is required in your state), we will cancel the
contract. You will receive whatever your contract is worth on the day we
receive your request for cancellation. This may be more or less than your
original payment. We will return your original payment if required by law.
TAX PENALTY. The earnings in your contract are not taxed until you take
money out of your contract. If you take money out during the accumulation
phase, earnings come out first and are taxed as ordinary income. If you
are younger than age 59 1/2 when you take money out, you may be charged a
10% federal tax penalty on those earnings. Payments during the income
phase are considered partly a return of your original investment. The
part of each payment that is a return of your investment is not taxable
as income.
INQUIRIES. If you need more information, please contact us at:
Conseco Variable Insurance Company
11815 N. Pennsylvania Street
Carmel, Indiana 46032
(800) 824-2726
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Fee Table
The purpose of the Fee Table is to show you the various contract expenses you
will pay directly or indirectly. The Fee Table reflects expenses of the
Separate Account as well as the investment portfolios.
OWNER TRANSACTION EXPENSES
Contingent Deferred Sales Charge None
Transfer Fee
(see Note 2 on Page __ under
"Explanation of No charge for one transfer in each 30
Fee Table and Examples") day period during the accumulation
phase. Thereafter, we will charge a
fee of $25 or 2% of the amount
transferred (whichever is less). We
will not charge for the four transfers
allowed each year during the income
phase.
CONTRACT MAINTENANCE CHARGE $30 per contract per year
(see Note 3 on Page __ under
"Explanation of Fee Table and
Examples")
SEPARATE ACCOUNT ANNUAL EXPENSES
(as a percentage of average
account value)
Current Charges Maximum Charges
--------------- ---------------
Mortality and Expense Risk Charge 1.15% 1.25%
Administrative Charge .15% .25%
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TOTAL SEPARATE ACCOUNT ANNUAL EXPENSES 1.30% 1.50%
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<TABLE>
<CAPTION>
INVESTMENT PORTFOLIO EXPENSES:
(as a percentage of the average daily net assets of an investment portfolio)
TOTAL ANNUAL
OTHER EXPENSES PORTFOLIO EXPENSES
(AFTER EXPENSE) (AFTER EXPENSE
REIMBURSEMENT, REIMBURSEMENT,
IF ANY, IF ANY, FOR
MANAGEMENT 12b-1 FOR CERTAIN CERTAIN
FEES FEES PORTFOLIOS) PORTFOLIOS)
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CONSECO SERIES TRUST (a)
<S> <C> <C> <C> <C>
Conseco 20 Focus Portfolio(b)......................... 0.80% - 0.10% 0.90%
Equity Portfolio ..................................... 0.75% -- 0.02% 0.77%
Balanced Portfolio ................................... 0.75% -- 0.00% 0.75%
High Yield Portfolio (b).............................. 0.80% - 0.10% 0.90%
Fixed Income Portfolio................................ 0.60% -- 0.07% 0.67%
Government Securities Portfolio....................... 0.60% -- 0.06% 0.66%
Money Market Portfolio (c)............................ 0.35% -- 0.05% 0.40%
THE ALGER AMERICAN FUND
Alger American Growth Portfolio....................... 0.75% -- 0.04% 0.79%
Alger American Leveraged AllCap Portfolio (d)......... 0.85% -- 0.08% 0.93%
Alger American Mid Cap Growth Portfolio............... 0.80% -- 0.05% 0.85%
Alger American Small Capitalization Portfolio......... 0.85% -- 0.05% 0.90%
AMERICAN CENTURY VARIABLE PORTFOLIOS,
INC.
VP Income & Growth(e)................................. 0.70% -- 0.00% 0.70%
VP International(e)................................... 1.34% -- 0.00% 1.34%
VP Value(e)........................................... 1.00% -- 0.00% 1.00%
BERGER INSTITUTIONAL PRODUCTS TRUST
Berger IPT Growth Fund (f)............................ 0.75% -- 0.25% 1.00%
Berger IPT--Growth and Income Fund (f)................ 0.75% -- 0.25% 1.00%
Berger IPT--Small Company Growth Fund (f)............. 0.85% -- 0.30% 1.15%
Berger IPT -New Generation Fund(f).................... 0.85% - 0.30% 1.15%
Berger/BIAM IPT--International Fund (f)............... 0.90% -- 0.30% 1.20%
THE DREYFUS SOCIALLY RESPONSIBLE
GROWTH FUND, INC...................................... 0.75% -- 0.04% 0.79%
DREYFUS STOCK INDEX FUND.............................. 0.25% -- 0.01% 0.26%
DREYFUS VARIABLE INVESTMENT FUND
Dreyfus VIF Disciplined Stock Portfolio............... 0.75% -- 0.06% 0.81%
Dreyfus VIF International Value Portfolio............. 1.00% -- 0.35% 1.35%
FEDERATED INSURANCE SERIES
Federated High Income Bond Fund II.................... 0.60% -- 0.19% 0.79%
Federated International Equity Fund II (g)............ 0.54% -- 0.71% 1.25%
Federated Utility Fund II ............................ 0.75% -- 0.19% 0.94%
INVESCO VARIABLE INVESTMENT FUNDS, INC.
INVESCO VIF - High Yield Fund (h).................... 0.60% -- 0.47% 1.07%
INVESCO VIF - Equity Income Fund (h)................. 0.75% -- 0.42% 1.17%
JANUS ASPEN SERIES, Institutional Shares
Aggressive Growth Portfolio(i)....................... 0.65% -- 0.02% 0.67%
Growth Portfolio (i)................................. 0.65% -- 0.02% 0.67%
Worldwide Growth Portfolio (i)....................... 0.65% -- 0.05% 0.70%
LAZARD RETIREMENT SERIES, INC.
Lazard Retirement Equity Portfolio (j)............... 0.75% 0.25% 0.25% 1.25%
Lazard Retirement Small Cap Portfolio (j)............ 0.75% 0.25% 0.25% 1.25%
LORD ABBETT SERIES FUND, INC.
Growth & Income Portfolio............................ 0.50% -- 0.37% 0.87%
MITCHELL HUTCHINS SERIES TRUST
Growth and Income Portfolio........................... 0.70% -- 0.53% 1.23%
NEUBERGER BERMAN ADVISERS MANAGEMENT TRUST
Limited Maturity Bond Portfolio....................... 0.65% -- 0.11% 0.76%
Partners Portfolio.................................... 0.80% -- 0.07% 0.87%
RYDEX VARIABLE TRUST
OTC Fund.............................................. 0.75% - 0.80% 1.55%
Nova Fund............................................. 0.75% - 0.80% 1.55%
SELIGMAN PORTFOLIOS, INC.
Seligman Communications and Information
Portfolio (k)....................................... 0.75% 0.25% 0.11% 1.11%
Seligman Global Technology Portfolio (k).............. 1.00% 0.15% 0.40% 1.55%
STRONG OPPORTUNITY FUND II, INC.
Opportunity Fund II................................... 1.00% -- 0.14% 1.14%
STRONG VARIABLE INSURANCE FUNDS, INC
Strong Mid Cap Growth Fund II (l).................... 1.00% -- 0.15% 1.15%
VAN ECK WORLDWIDE INSURANCE TRUST (m)
Worldwide Bond Fund................................... 1.00% -- 0.22% 1.22%
Worldwide Emerging Markets Fund....................... 1.00% -- 0.54% 1.54%
Worldwide Hard Assets Fund............................ 1.00% -- 0.26% 1.26%
Worldwide Real Estate Fund............................ 1.00% -- 2.23% 3.23%
</TABLE>
(a) The Adviser, Conseco Capital Management, Inc., and the Administrator,
Conseco Services, LLC, have contractually agreed to waive a portion
of their fees and/or pay a portion of the Portfolio's expenses through
4/30/01 to ensure that total annual operating expenses do not exceed:
0.90% for Conseco 20 Focus Portfolio; 0.85% for Equity Portfolio; 0.85%
for Balanced Portfolio; 0.90% for High Yield Portfolio; 0.70% for Fixed
Income Portfolio; 0.70% for Government Securities Portfolio and 0.45%
for Money Market Portfolio. The Adviser and Administrator may recover
any money waived under the contract provisions, to the extent that
actual fees and expenses are less than the expense limitation, for a
period of 3 years, after the date of the waiver.
(b) Because these Portfolios have not completed a full fiscal year, other
expenses are estimated.
(c) Conseco Capital Management, Inc., since May 1, 1993, has waived its
management fees in excess of the annual rate set forth above. Absent
such fee waivers, the management fees for the Money Market Portfolio would
be 0.60%.
(d) The Alger American Leveraged AllCap Portfolio's "Other Expenses" includes
.01% of interest expense.
(e) The fund has a stepped fee schedule. As a result, the fund's management fee
rate generally decreases as the fund's assets increase.
(f) The Funds' investment advisers have agreed to waive their advisory fee and
reimburse the Funds for additional expenses to the extent that normal
operating expenses in any fiscal year, including the investment advisory
fee but excluding brokerage commissions, interest, taxes and extraordinary
expenses, of each of the Berger IPT-Growth Fund and the Berger IPT-Growth
and Income Fund exceed 1.00%, the normal operating expenses in any fiscal
year of each of the Berger IPT-Small Company Growth Fund and the Berger
IPT-New Generation Fund exceed 1.15%, and the normal operating expenses of
the Berger/BIAM IPT-International Fund exceed 1.20% of the respective
Fund's average daily net assets. Absent the waiver and reimbursement, the
other expenses for the Berger IPT-Growth Fund, The Berger IPT-New
Generation Fund Berger IPT-Growth and Income Fund, the Berger IPT-Small
Company Growth Fund and the Berger/BIAM IPT-International Fund would have
been 1.43%, 0.43%, 0.64%, 2.10% and 1.55%, respectively, and their Total
Annual Portfolio Expenses would have been 2.18%, 1.18%, 1.49%, 2.95% and
2.45%, respectively. These waivers/reimbursements may not be terminated or
amended except by a vote of the Fund's Board of Trustees. Expenses shown
for the Berger IPT-New Generation Fund are based on estimates for the
Fund's first full year of operations.
(g) Absent a voluntary waiver of the management fee and the voluntary
reimbursement of certain other operating expenses by Federated Global
Investment Management Corp., the Management Fee and Total Annual Portfolio
Expenses for International Equity Fund II would have been 0.75% and 1.46%,
respectively.
(h) The Fund's actual Total Annual Portfolio Expenses were lower than the
figures shown because its custodian fees were reduced under an expense
offset arrangement. The expense information presented in the table has been
restated from the financials to reflect a change in the administrative
services fee.
Certain expenses of the Fund were absorbed voluntarily by INVESCO in order
to ensure that expenses did not exceed 1.05% for the High Yield Fund's
average net assets and 1.15% for the Equity Income Fund's average net
assets pursuant to a commitment between the Fund and INVESCO. This
commitment may be changed at any time following consultation with the board
of directors. Without such absorption, but excluding any expense offset
arrangements, Other Expenses and Total Annual Operating Expenses for the
fiscal year ended December 31, 1999 were 0.48% and 1.08% respectively of
the High Yield Fund's average net assets, and 0.44% and 1.19% respectively
of the Equity Income Fund's average net assets.
(i) Expenses are based upon expenses for the fiscal year ended December 31,
1999, restated to reflect a reduction in the management fee for Growth,
Aggressive Growth and Worldwide Growth Portfolios. All expenses are shown
without the effect of expense offset arrangements.
(j) Effective May 1, 1999, Lazard Asset Management, the Fund's investment
adviser, has voluntarily agreed to reimburse all expenses through December
31, 2000 to the extent total annual portfolio expenses exceed in any fiscal
year 1.25% of the Portfolio's average daily net assets. Absent such an
agreement with the adviser, the total annual portfolio expenses for the
year ended December 31, 1999 would have been 5.63% for the Lazard
Retirement Equity Portfolio and 7.31% for the Lazard Retirement Small Cap
Portfolio.
(k) The amount of the Management Fee and Other Expenses are actual expenses for
the fiscal year ended December 31, 1999. Seligman Communications and
Information Fund and Seligman Global Technology Fund began offering shares
charging 12b-1 fees effective May 1, 2000. J. & W. Seligman & Co.
Incorporated ("Seligman") voluntarily agreed to reimburse expenses of
Seligman Global Technology Portfolio, other than the management fee, which
exceed .40%. Without reimbursement, other expenses and total annual
portfolio expenses would have been .41% and 1.56% respectively, for
Seligman Global Technology Portfolio. There is no assurance that Seligman
will continue this policy in the future.
(l) Strong Capital Management, Inc., the fund's advisor of the Strong Mid Cap
Growth Fund II is currently absorbing expenses of 0.02%. Without these
absorptions, the expenses would have been 1.17% for the year ended December
31, 1999. The Advisor has no current intention to, but may in the future,
discontinue or modify any waiver of fees or absorption of expenses at its
discretion with appropriate notification to its shareholders.
(m) Van Eck Associates Corporation (the "Adviser") agreed to assume expenses
(excluding interest, foreign taxes and brokerage commissions) exceeding
1.50% of the Worldwide Emerging Markets Fund's average daily net assets for
the period January 1, 1999 to May 12, 1999. For the period May 13, 1999 to
December 31, 1999, the Adviser agreed to assume expenses (excluding
interest, foreign taxes and brokerage commissions) exceeding 1.30% of
average daily net assets. For the Worldwide Real Estate Fund, the Adviser
agreed to assume expenses (excluding interest, foreign taxes and brokerage
commissions) for the period January 2, 1999 to February 28, 1999. The
Adviser also agreed to assume expenses exceeding 1.50% of the Worldwide
Real Estate Fund's average daily net assets for the period March 3, 1999 to
December 31, 1999. The Worldwide Real Estate Fund expenses were also
reduced by a fee arrangement based on cash balances left on deposit with
the custodian and a directed brokerage arrangement where the Fund directs
certain portfolio trades to a broker that, in turn, pays a portion of the
Fund's expenses.
Explanation of Fee Table and Examples
1. Conseco Variable will not charge you the transfer fee even if there is
more than one transfer in a 30-day period during the accumulation phase if the
transfer is for the Dollar Cost Averaging or Rebalancing Programs. We will also
not charge you a transfer fee on transfers made at the end of the free look
period. All reallocations made on the same day count as one transfer.
2. Conseco Variable will not charge the contract maintenance charge if the
value of your contract is $25,000 or more. However, if you make a complete
withdrawal, we will charge the contract maintenance charge.
3. Premium taxes are not reflected. Premium taxes may apply depending on
the state where you live.
4. The assumed average contract size is $40,000.
5. The examples should not be considered a representation of past or
future expenses. Actual expenses may be greater or less than those shown.
There is Condensed Financial Information in Appendix A to this prospectus.
================================================================================
EXAMPLES:
You would pay the following expenses on a $1,000 investment, assuming a
hypothetical 5% annual return on assets, and assuming the entire $1,000 is
invested in the option listed, regardless of whether you surrender your
Contract:
(a) assuming the current charges are assessed;
(b) assuming the maximum charges are assessed.
<TABLE>
<CAPTION>
TIME PERIODS
1 YEAR 3 YEARS 5 YEARS 10 YEARS
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CONSECO SERIES TRUST
Conseco 20 Focus...................................... (a) $23 (a) $70 (a) $120 (a) $258
(b) $25 (b) $76 (b) $130 (b) $278
Equity ............................................... (a) $21 (a) $66 (a) $114 (a) $244
(b) $23 (b) $72 (b) $124 (b) $265
Balanced ............................................. (a) $21 (a) $66 (a) $113 (a) $242
(b) $23 (b) $72 (b) $123 (b) $263
High Yield ........................................... (a) $23 (a) $70 (a) $120 (a) $258
(b) $25 (b) $76 (b) $130 (b) $278
Fixed Income ......................................... (a) $20 (a) $63 (a) $108 (a) $234
(b) $22 (b) $69 (b) $119 (b) $254
Government Securities ................................ (a) $20 (a) $63 (a) $108 (a) $234
(b) $22 (b) $69 (b) $119 (b) $254
Money Market ......................................... (a) $18 (a) $55 (a) $95 (a) $206
(b) $20 (b) $61 (b) $105 (b) $227
THE ALGER AMERICAN FUND
Alger American Growth ................................ (a) $22 (a) $67 (a) $115 (a) $246
(b) $24 (b) $73 (b) $125 (b) $267
Alger American Leveraged AllCap ...................... (a) $23 (a) $71 (a) $122 (a) $261
(b) $25 (b) $77 (b) $132 (b) $281
Alger American MidCap Growth ......................... (a) $22 (a) $69 (a) $118 (a) $252
(b) $24 (b) $75 (b) $128 (b) $273
Alger American Small Capitalization .................. (a) $23 (a) $70 (a) $120 (a) $258
(b) $25 (b) $76 (b) $130 (b) $278
AMERICAN CENTURY VARIABLE PORTFOLIOS, INC
VP Income & Growth ................................... (a) $21 (a) $64 (a) $110 (a) $237
(b) $23 (b) $70 (b) $120 (b) $258
VP International ..................................... (a) $27 (a) $83 (a) $142 (a) $301
(b) $29 (b) $89 (b) $152 (b) $320
VP Value ............................................. (a) $24 (a) $73 (a) $125 (a) $268
(b) $26 (b) $79 (b) $135 (b) $287
BERGER INSTITUTIONAL PRODUCTS TRUST
Berger IPT Growth .................................... (a) $24 (a) $73 (a) $125 (a) $268
(b) $26 (b) $79 (b) $135 (b) $287
Berger IPT-Growth and Income ........................ (a) $24 (a) $73 (a) $125 (a) $268
(b) $26 (b) $79 (b) $135 (b) $287
Berger IPT-Small Company Growth ..................... (a) $25 (a) $78 (a) $133 (a) $283
(b) $27 (b) $84 (b) $143 (b) $302
Berger IPT-New Generation ........................... (a) $25 (a) $78 (a) $133 (a) $283
(b) $27 (b) $84 (b) $143 (b) $302
Berger/BIAM IPT-International ........................ (a) $26 (a) $79 (a) $135 (a) $287
(b) $28 (b) $85 (b) $145 (b) $307
THE DREYFUS SOCIALLY RESPONSIBLE GROWTH FUND, INC. ... (a) $22 (a) $67 (a) $115 (a) $246
(b) $24 (b) $73 (b) $125 (b) $267
DREYFUS STOCK INDEX FUND ............................. (a) $16 (a) $51 (a) $ 87 (a) $191
(b) $18 (b) $57 (b) $ 98 (b) $212
DREYFUS VARIABLE INVESTMENT FUND
Dreyfus VIF Disciplined Stock Portfolio............... (a) $22 (a) $67 (a) $116 (a) $248
(b) $24 (b) $73 (b) $126 (b) $269
Dreyfus VIF International Value Portfolio............. (a) $27 (a) $84 (a) $143 (a) $302
(b) $29 (b) $90 (b) $152 (b) $321
FEDERATED INSURANCE SERIES
Federated High Income Bond II ........................ (a) $26 (a) $81 (a) $138 (a) $292
(b) $24 (b) $73 (b) $125 (b) $267
Federated International Equity II .................... (a) $22 (a) $67 (a) $115 (a) $246
(b) $28 (b) $87 (b) $148 (b) $312
Federated Utility II ................................. (a) $23 (a) $71 (a) $122 (a) $262
(b) $25 (b) $77 (b) $132 (b) $282
INVESCO VARIABLE INVESTMENT FUNDS, INC.
INVESCO VIF - High Yield ............................. (a) $24 (a) $75 (a) $129 (a) $275
(b) $26 (b) $81 (b) $139 (b) $294
INVESCO VIF - Equity Income .......................... (a) $25 (a) $78 (a) $134 (a) $285
(b) $27 (b) $84 (b) $144 (b) $304
JANUS ASPEN SERIES
Aggressive Growth .................................... (a) $20 (a) $63 (a) $108 (a) $234
(b) $22 (b) $69 (b) $119 (b) $254
Growth ............................................... (a) $20 (a) $63 (a) $108 (a) $234
(b) $22 (b) $69 (b) $119 (b) $254
Worldwide Growth ..................................... (a) $21 (a) $64 (a) $110 (a) $237
(b) $23 (b) $70 (b) $120 (b) $258
LAZARD RETIREMENT SERIES, INC.
Lazard Retirement Equity ............................. (a) $26 (a) $81 (a) $138 (a) $292
(b) $28 (b) $87 (b) $148 (b) $312
Lazard Retirement Small Cap .......................... (a) $26 (a) $81 (a) $138 (a) $292
(b) $28 (b) $87 (b) $148 (b) $312
LORD ABBETT SERIES FUND, INC.
Growth & Income ...................................... (a) $22 (a) $69 (a) $119 (a) $254
(b) $24 (b) $75 (b) $129 (b) $275
MITCHELL HUTCHINS SERIES TRUST
Growth and Income .................................... (a) $26 (a) $80 (a) $137 (a) $290
(b) $28 (b) $86 (b) $147 (b) $310
NEUBERGER BERMAN ADVISERS MANAGEMENT TRUST
Limited Maturity Bond ................................ (a) $21 (a) $66 (a) $113 (a) $243
(b) $23 (b) $72 (b) $123 (b) $264
Partners ............................................. (a) $22 (a) $69 (a) $119 (a) $254
(b) $24 (b) $75 (b) $129 (b) $275
RYDEX VARIABLE TRUST
OTC................................................... (a) $29 (a) $90 (a) $152 (a) $321
(b) $31 (b) $96 (b) $162 (b) $340
Nova.................................................. (a) $29 (a) $90 (a) $152 (a) $321
(b) $31 (b) $96 (b) $162 (b) $340
SELIGMAN PORTFOLIOS, INC.
Seligman Communications and Information Portfolio..... (a) $25 (a) $76 (a) $131 (a) $279
(b) $27 (b) $82 (b) $141 (b) $298
Seligman Global Technology Portfolio.................. (a) $29 (a) $90 (a) $152 (a) $321
(b) $31 (b) $96 (b) $162 (b) $340
STRONG OPPORTUNITY FUND II, INC.
Opportunity Fund II .................................. (a) $25 (a) $77 (a) $132 (a) $282
(b) $27 (b) $83 (b) $142 (b) $301
STRONG VARIABLE INSURANCE FUNDS, INC.
Strong Mid Cap Growth II ............................. (a) $25 (a) $78 (a) $133 (a) $283
(b) $27 (b) $84 (b) $143 (b) $302
VAN ECK WORLDWIDE INSURANCE TRUST
Worldwide Bond ....................................... (a) $26 (a) $80 (a) $136 (a) $289
(b) $28 (b) $86 (b) $146 (b) $309
Worldwide Emerging Markets ........................... (a) $29 (a) $89 (a) $152 (a) $320
(b) $31 (b) $95 (b) $162 (b) $339
Worldwide Hard Assets ................................ (a) $26 (a) $81 (a) $138 (a) $293
(b) $28 (b) $87 (b) $148 (b) $313
Worldwide Real Estate ................................ (a) $46 (a) $139 (a) $232 (a) $469
(b) $48 (b) $144 (b) $241 (b) $485
</TABLE>
CONSECO VARIABLE INSURANCE COMPANY
2000 Account G
Individual and Group Annuity
================================================================================
1. The Monument Series Annuity Contract
This prospectus describes the Monument Series Fixed and Variable Annuity
Contract offered by Conseco Variable.
An annuity is a contract between you, the owner, and an insurance company
(in this case Conseco Variable), where the insurance company promises to pay you
an income, in the form of annuity payments. Until you decide to begin receiving
annuity payments, your annuity is in the accumulation phase. Once you begin
receiving annuity payments, your contract switches to the income phase.
The contract benefits from tax-deferral. Tax-deferral means that you are
not taxed on earnings or appreciation on the assets in your contract until you
take money out of your contract.
The contract is a variable annuity. You can choose among 47 investment
portfolios and, depending upon market conditions, you can make or lose money in
any of these portfolios. If you select the variable annuity portion of the
contract, the amount of money you are able to accumulate in your contract during
the accumulation phase depends upon the investment performance of the investment
portfolio(s) you select. The amount of the annuity payments you receive during
the income phase from the variable annuity portion of the contract also depends
upon the investment performance of the investment portfolios you select for the
income phase. The contract also contains an interest adjustment account.
As owner of the contract, you exercise all rights under the contract. You
can change the owner at any time by notifying Conseco Variable in writing. You
and another person can be named joint owner. We have described more information
on this in Section 10--Other Information.
2. Annuity Payments (The Income Phase)
Under the contract you can receive regular income payments. You can choose
the month and year in which those payments begin. We call that date the annuity
date. Your annuity date can be any date selected by you. Your annuity date
cannot be any earlier than 90 days after we issue the Contract. Your annuity
date must be the first day of a calendar month. Annuity payments must begin by
the earlier of the annuitant's 90th birthday or the maximum date allowed by law.
You can also choose among income plans. We call those annuity options.
We ask you to choose your annuity date when you purchase the contract.
With 30 days notice to us, you can change the annuity date or annuity option at
any time before the annuity date. The annuitant is the person whose life we look
to when we determine annuity payments.
You can select an annuity option. You can change it at any time 30 days
before the annuity date. If you do not choose an annuity option, we will assume
that you selected Option 2 which provides a life annuity with 10 years of
guaranteed payments.
On the annuity date the value of your contract, less any premium tax and
less any contract maintenance charge will be applied under the annuity option
you selected.
During the income phase, you can choose to have fixed annuity payments
(these payments will come from Conseco Variable's general account), variable
annuity payments (these payments will come from the investment portfolios) or a
combination of both. Payments cannot come from the interest adjustment account.
If you do not tell us otherwise, your annuity payments will be based on the
investment allocations that were in place on the annuity date.
If you choose to have any portion of your annuity payments come from the
investment portfolio(s), the dollar amount of your payment will depend upon 3
things:
1) the value of your contract in the investment portfolio(s) on the
annuity date;
2) the 3% or 5% (as you selected) assumed investment rate used in the
annuity table for the contract ; and
3) the performance of the investment portfolio(s) you selected.
You can choose either a 5% or a 3% assumed investment rate. If the actual
performance exceeds the 3% or 5% (as you selected) assumed investment rate, your
annuity payments will increase. Similarly, if the actual investment rate is less
than 3% or 5% (as you selected), your annuity payments will decrease.
Unless you notify us otherwise, we will pay the annuity payments to you.
You can change the payee at any time prior to the annuity date. Income from any
distribution will be reported to you for tax purposes.
You can choose one of the following annuity options or any other annuity
option which is acceptable to Conseco Variable. After annuity payments begin,
you cannot change the annuity option.
Option 1. Lifetime Only Annuity. We will pay monthly annuity payments
during the lifetime of the annuitant. We will stop making payments when the
annuitant dies.
Option 2. Lifetime Annuity With Guaranteed Payments. We will make monthly
annuity payments so long as the annuitant is alive. However, when the annuitant
dies, if we have made annuity payments for less than the selected guaranteed
period you selected (5, 10 or 20 years), we will then continue to make annuity
payments to the beneficiary for the rest of the guaranteed period. Payments to
the beneficiary will be made at least as rapidly as under the method of payment
being used at the time of the annuitant's death. However, after the annuitant
dies, the beneficiary may elect to receive a single lump sum payment which will
be equal to the present value of the remaining payments (as of the date of proof
of death) discounted at the assumed investment rate for a variable annuity
payout option.
Option 3. Installment Refund Life Annuity. We will make monthly annuity
payments for the installment refund period (the time required for the sum of the
payments to equal the amount applied to the annuity option) and thereafter for
the life of the annuitant. When the annuitant dies, any amount remaining will be
paid to the beneficiary. Payments to the beneficiary will be made at least as
rapidly as under the method of payment being used at the time of the annuitant's
death. However, the beneficiary may elect to receive a single lump sum payment
which will be equal to the present value of the remaining payments (as of the
date of proof of death) discounted at the assumed investment rate for a variable
annuity payout option.
Option 4. Payment for a Fixed Period. We will make monthly annuity payments
for a fixed period of time (3 to 20 years). However, the beneficiary may elect
to receive a single lump sum payment which will be equal to the present value of
the remaining payments (as of the date of proof of death) discounted at the
assumed investment rate for a variable annuity payout option.
Option 5. Joint And Survivor Annuity. We will make monthly annuity payments
so long as the annuitant and a joint annuitant are both alive. When either of
these people die, the amount of the annuity payments we will make to the
survivor can be equal to 100%, 662/3% or 50% of the amount that we would have
paid if both were alive.
Annuity payments are made monthly unless you have less than $5,000 to
apply toward a payment. In that case, Conseco Variable may make a single lump
sum payment to you. Likewise, if your annuity payments would be less than $50 a
month, Conseco Variable has the right to change the frequency of payments so
that your annuity payments are at least $50.
CONSECO VARIABLE INSURANCE COMPANY
2000 Account G
Individual and Group Annuity
================================================================================
3. Purchase
Purchase Payments
A purchase payment is the money you give us to buy the contract. The
minimum we will accept is $50,000 when the contract is bought as a non-qualified
contract. If you are buying the contract, as part of a Tax-Sheltered Annuity or
an Individual Retirement Annuity (IRA), the minimum we will accept is $10,000.
The maximum we accept is $1,000,000 without our prior approval.
You can make additional purchase payments of $1,000 or more. However, if
you select the automatic premium check option, you can make additional payments
of $250 each month.
Allocation Of Purchase Payments
When you purchase a contract, we will allocate your purchase payment to
a guarantee period of the interest adjustment account and/or one or more of the
investment portfolios you have selected. Currently, you can allocate money to
up to 15 investment portfolios at any one time. If you make additional purchase
payments, we will allocate them in the same way as your first purchase payment
unless you tell us otherwise. Currently, the minimum amount which can be
allocated to the interest adjustment account is $2,000. We reserve the right to
change this amount in the future.
Once we receive your purchase payment and the necessary information, we
will issue your contract and allocate your first purchase payment within 2
business days. If you do not provide us all of the information needed, we will
contact you. If for some reason we are unable to complete this process within 5
business days, we will either send back your money or get your permission to
keep it until we get all of the necessary information. If you add more money to
your contract by making additional purchase payments, we will credit these
amounts to your contract as of the business day they are received. Our business
day closes when the New York Stock Exchange closes, usually 4:00 P.M. Eastern
time.
Free Look
If you change your mind about owning the contract, you can cancel it
within 10 days after receiving it (or whatever period is required in your
state). On the day we receive your request we will return the value of your
contract. In some states, we may be required to refund your purchase payment. If
you have purchased the contract as an IRA, we are required to give you back your
purchase payment if you decide to cancel your contract within 10 days after
receiving it (or whatever period is required in your state).
Accumulation Units
The accumulation unit value for each account was arbitrarily set initially
at $10.00. The value of the variable annuity portion of your contract will
increase or decrease depending upon the investment performance of the investment
portfolio(s) you choose. In order to keep track of the value of your contract,
we use a unit of measure we call an accumulation unit. (An accumulation unit
works like a share of a mutual fund.) During the income phase of the contract we
call the unit an annuity unit.
Every business day we determine the value of an accumulation unit for each
of the investment portfolios by multiplying the accumulation unit value for the
previous period by a factor for the current period. The factor is determined by:
1. dividing the value of an investment portfolio share at the end of the
current period (and any charges for taxes) by the value of an investment
portfolio share for the previous period; and
2. subtracting the daily amount of the insurance charges. The value of an
accumulation unit may go up or down from day to day.
When you make a purchase payment, we credit your contract with
accumulation units. The number of accumulation units credited is determined by
dividing the amount of the purchase payment allocated to an investment portfolio
by the value of the accumulation unit for that investment portfolio.
We calculate the value of an accumulation unit for each investment
portfolio after the New York Stock Exchange closes each day and then credit your
contract.
Example: On Wednesday we receive an additional purchase payment of $10,000
from you. You have told us you want this to go to the Balanced Portfolio. When
the New York Stock Exchange closes on that Wednesday, we determine that the
value of an accumulation unit for the Balanced Portfolio is $12.50. We then
divide $10,000 by $12.50 and credit your contract on Wednesday night with 800
accumulation units for the Balanced Portfolio.
4. Investment Options
Investment Portfolios
The contract offers 47 investment portfolios which are listed below. You
can invest in up to 15 investment portfolios at any one time. Additional
investment portfolios may be available in the future.
You should read the prospectuses for these funds carefully. Copies of
these prospectuses will be sent to you with your contract. If you would like a
copy of the fund prospectuses, call Conseco Variable at: (800) 557-7043. See
Appendix B which contains a summary of investment objectives and strategies
for each portfolio.
The investment objectives and policies of certain of the investment
portfolios are similar to the investment objectives and policies of other
mutual funds that certain of the investment advisers manage. Although the
objectives and policies may be similar, the investment results of the investment
portfolios may be higher or lower than the results of such other mutual funds.
The investment advisers cannot guarantee, and make no representation, that the
investment results of similar funds will be comparable even though the
portfolios have the same investment advisers.
A portfolio's performance may be affected by risks specific to certain
types of investments, such as foreign securities, derivative investments,
non-investment grade debt securities, initial public offerings (IPOs) or
companies with relatively small market capitalizations. IPOs and other
investment techniques may have a magnified performance impact on a portfolio
with a small asset base. A portfolio may not experience similar performance
as its assets grow.
Conseco Series Trust
Conseco Series Trust is a mutual fund with multiple portfolios. Conseco
Series Trust is managed by Conseco Capital Management, Inc., an affiliate
of Conseco Variable. The following portfolios are available under the contract:
Conseco 20 Focus Portfolio
Equity Portfolio
Balanced Portfolio
High Yield Portfolio
Fixed Income Portfolio
Government Securities Portfolio
Money Market Portfolio
The Alger American Fund
The Alger American Fund is a mutual fund with multiple portfolios. Fred
Alger Management, Inc. serves as the Fund's investment adviser. The following
portfolios are available under the contract:
Alger American Growth Portfolio
Alger American Leveraged AllCap Portfolio
Alger American MidCap Growth Portfolio
Alger American Small Capitalization Portfolio
American Century Variable Portfolios, Inc.
American Century Variable Portfolios, Inc. is a series of funds managed by
American Century Investment Management, Inc. The following portfolios are
available under the contract:
VP Income & Growth
VP International
VP Value
Berger Institutional Products Trust
Berger Institutional Products Trust is a mutual fund with multiple
portfolios. Berger LLC (formerly, Berger Associates, Inc.) is the
investment adviser to all portfolios except the Berger/BIAM IPT-International
Fund. BBOI Worldwide LLC, a joint venture between Berger LLC and Bank of
Ireland Asset Management (U.S.) Limited (BIAM), is the adviser to the
Berger/BIAM IPT-International Fund. BBOI Worldwide LLC has delegated daily
management of the Fund to BIAM. Berger LLC and BIAM have entered into an
agreement to dissolve BBOI Worldwide LLC. The dissolution of BBOI Worldwide
LLC will have no effect on the investment advisory services provided to
the Fund. Contingent upon shareholder approval, when BBOI Worldwide LLC
is dissolved, Berger LLC will become the Fund's advisor and BIAM will
continue to be responsible for day-to-day management of the Fund's
portfolio as sub-advisor. If approved by shareholders, these advisory
changes are expected to take place in the first half of this year. The
following portfolios are available under the contract:
Berger IPT-Growth Fund (formerly, Berger IPT -100 Fund)
Berger IPT-Growth and Income Fund
Berger IPT-Small Company Growth Fund
Berger IPT-New Generation Fund
Berger/BIAM IPT-International Fund
The Dreyfus Socially Responsible Growth Fund, Inc.
The Dreyfus Socially Responsible Growth Fund, Inc. is managed by The
Dreyfus Corporation. Dreyfus has hired NCM Capital Management Group, Inc. to
serve as sub-investment adviser and provide day-to-day management of the Fund's
investments.
Dreyfus Stock Index Fund
The Dreyfus Corporation serves as the Fund's manager. Dreyfus has hired
its affiliate, Mellon Equity Associates, to serve as the Fund's index fund
manager and provide day-to-day management of the Fund's investments.
Dreyfus Variable Investment Fund
The Dreyfus Variable Investment Fund is a mutual fund with multiple
portfolios. The Dreyfus Corporation serves as the investment adviser. The
following portfolios are available under the contract:
Dreyfus VIF Disciplined Stock Portfolio
Dreyfus VIF International Value Portfolio
Federated Insurance Series
Federated Insurance Series is a mutual fund with multiple portfolios.
Federated Investment Management Company is the investment adviser of the
Federated High Income Bond Fund II and the Federated Utility Fund II.
Federated Global Investment Management Corp. is the adviser of the Federated
International Equity Fund II. The following portfolios are available under
the contract:
Federated High Income Bond Fund II
Federated International Equity Fund II
Federated Utility Fund II
INVESCO Variable Investment Funds, Inc. (not available for new sales as of
May 1, 2000)
INVESCO Variable Investment Funds, Inc. is a mutual fund with multiple
portfolios. INVESCO Funds Group, Inc. is the investment adviser. The following
portfolios are available under the contract:
INVESCO VIF - High Yield Fund
INVESCO VIF - Equity Income Fund
Janus Aspen Series
The Janus Aspen Series is a mutual fund with multiple portfolios which are
advised by Janus Capital Corporation. The following portfolios are available
under the contract:
Aggressive Growth Portfolio
Growth Portfolio
Worldwide Growth Portfolio
Lazard Retirement Series, Inc.
Lazard Retirement Series, Inc. is a mutual fund with multiple portfolios.
Lazard Asset Management, a division of Lazard Freres & Co. LLC, is the
investment manager for each portfolio. The following portfolios are available
under the contract:
Lazard Retirement Equity Portfolio
Lazard Retirement Small Cap Portfolio
Lord Abbett Series Fund, Inc.
Lord Abbett Series Fund, Inc. is a mutual fund with multiple portfolios
managed by Lord, Abbett & Co. The following portfolio is available under the
contract:
Growth & Income Portfolio
Mitchell Hutchins Series Trust
Mitchell Hutchins Series Trust is a mutual fund with multiple portfolios.
Mitchell Hutchins Asset Management Inc. provides advisory and administrative
services to the Fund. The following portfolio is available under the contract:
Growth and Income Portfolio
Neuberger Berman Advisers Management Trust
Neuberger Berman Advisers Management Trust is a mutual fund with multiple
portfolios. Neuberger Berman Management Inc. serves as investment adviser. The
following portfolios are available under the contract:
Limited Maturity Bond Portfolio
Partners Portfolio
Rydex Variable Trust
Rydex Variable Trust is a mutual fund with multiple portfolios which are
managed by PADCO Advisors II, Inc. The following portfolios are available
under the contract:
OTC Fund
Nova Fund
Seligman Portfolios, Inc.
Seligman Portfolios, Inc. is a mutual fund with multiple portfolios which
are managed by J. & W. Seligman & Co. Incorporated. The following portfolios are
available under the contract:
Seligman Communications and Information Portfolio
Seligman Global Technology Portfolio
Strong Opportunity Fund II, Inc.
Strong Opportunity Fund II is a mutual fund and Strong Capital Management,
Inc. serves as the investment advisor. The following portfolio is available
under the contract:
Opportunity Fund II
Strong Variable Insurance Funds, Inc.
Strong Variable Insurance Funds, Inc. is a mutual fund with multiple
series. Strong Capital Management, Inc. serves as the investment advisor. The
following series is available under the contract:
Strong Mid Cap Growth Fund II
Van Eck Worldwide Insurance Trust
Van Eck Worldwide Insurance Trust is a mutual fund with multiple
portfolios which are managed by Van Eck Associates Corporation. The following
portfolios are available under the contract:
Worldwide Bond Fund
Worldwide Emerging Markets Fund
Worldwide Hard Assets Fund
Worldwide Real Estate Fund
Shares of the funds are offered in connection with certain variable
annuity contracts and variable life insurance policies of various life insurance
companies which may or may not be affiliated with Conseco Variable. Certain
investment portfolios are also sold directly to Qualified plans. The funds do
not believe that offering their shares in this manner will be disadvantageous to
you.
Conseco Variable may enter into certain arrangements under which it is
reimbursed by the investment portfolios' advisers, distributors and/or
affiliates for the administrative services which it provides to the portfolios.
The Interest Adjustment Account
You can also invest in one of the guarantee periods of the interest
adjustment account of Conseco Variable. If you take money out (whether by
withdrawal, transfer or annuitization) before the end of a guarantee period, an
adjustment will be made to the amount withdrawn. The adjustment may be positive
or negative. However, you will never get back less than your purchase payment
accumulated at 3%. Prior to May 1, 2000, the interest adjustment account was
known as the market value adjustment account. The interest adjustment account
may not be available in your state.
Voting Rights
Conseco Variable is the legal owner of the investment portfolio shares.
However, Conseco Variable believes that when an investment portfolio solicits
proxies in conjunction with a vote of shareholders, it is required to obtain
from you and other Owners instructions as to how to vote those shares. When we
receive those instructions, we will vote all of the shares we own in proportion
to those instructions. Should Conseco Variable determine that it is no longer
required to comply with the above, we will vote the shares in our own right.
Substitution
Conseco Variable may, in the interest of shareholders, deem it necessary
to discontinue one or more of the investment portfolios or substitute a new
portfolio for an existing portfolio. In the event that such a situation might
occur, we will notify you in advance. We will obtain prior approval from the
Securities and Exchange Commission before any such change is made.
Transfers
You can transfer money among the interest adjustment account and the
investment portfolios. Currently, you can allocate money to up to 15
investment portfolios at any one time.
Transfers During the Accumulation Phase. You can make one transfer in a
30-day period during the accumulation phase without charge. You can make a
transfer to or from the interest adjustment account and to or from any
investment portfolio. If you make more than one transfer in a 30-day period,
a transfer fee of $25 or 2% of the amount transferred (whichever is less)
may be deducted. The following apply to any transfer during the accumulation
phase:
1. The minimum amount which you can transfer is $500 or your entire value
in the investment portfolio. This requirement is waived if the transfer is
pursuant to the dollar cost averaging or rebalancing programs.
2. You must leave at least $500 in each investment portfolio or each
guarantee period of the interest adjustment account after you make a transfer
unless the entire amount is being transferred.
3. Your request for a transfer must clearly state which investment
portfolio(s) or guarantee period of the interest adjustment account are involved
in the transfer.
4. Your request for transfer must clearly state how much the transfer is
for.
Transfers During the Income Phase. You can only make four transfers every
year during the income phase. The four transfers are free. We measure a year
from the anniversary of the day we issued your contract. The following apply to
any transfer during the income phase:
1. You can make transfers at least 30 days before the due date of the
first annuity payment for which the transfer will apply.
2. The minimum amount which you can transfer is $500 or your entire value
in the investment portfolio.
3. You must leave at least $500 in each investment portfolio (or $0 if you
are transferring the entire amount) after a transfer.
4. No transfers can be made between the general account and the investment
portfolios. You may only make transfers between the investment portfolios.
This product is not designed for professional market timing organizations.
Conseco Variable reserves the right to modify (including terminating) the
transfer privileges described above.
Telephone/Internet Transfers. You can elect to make transfers by telephone.
You may also elect to make transfers over the internet. Internet transfers may
not be available (check with your registered representative). Internet transfers
are subject to our administrative rules and procedures. If you do not want the
ability to make transfers by telephone or through the internet, you should
notify us in writing. You can also authorize someone else to make transfers for
you. If you own the contract with a joint owner, unless Conseco Variable is
instructed otherwise, Conseco Variable will accept instructions from either you
or the other owner. Conseco Variable will use reasonable procedures to confirm
that instructions given to us by telephone are genuine. All telephone calls will
be recorded and the caller will be asked to produce personalized data about the
owner before we will make the telephone transfer. Personalized data will also be
required for internet transfers. We will send you a written confirmation of the
transfer. If Conseco Variable fails to use such procedures, we may be liable for
any losses due to unauthorized or fraudulent instructions.
Dollar Cost Averaging Program
The Dollar Cost Averaging Program allows you to systematically transfer a
set amount either monthly, quarterly, semi-annually or annually from the Money
Market Portfolio to any of the other investment portfolio(s). Currently, you can
select up to 15 investment portfolios for dollar cost averaging. You cannot
transfer to the interest adjustment account under this program. By allocating
amounts on a regular schedule as opposed to allocating the total amount at one
particular time, you may be less susceptible to the impact of market
fluctuations. However, this is not guaranteed.
You must have at least $2,000 in the Money Market Portfolio in order to
participate in the Dollar Cost Averaging Program.
All dollar cost averaging transfers will be made on the first business day
of the month. You can sign up for dollar cost averaging for a specified time
period. Dollar cost averaging will end when the value in the Money Market
Portfolio is zero. We will notify you when that happens. You cannot cancel
the dollar cost averaging program once it starts. A transfer request will
not automatically terminate the program.
If you participate in the Dollar Cost Averaging Program, the transfers
made under the program are not taken into account in determining any transfer
fee. If you are participating in the Dollar Cost Averaging Program, you can
participate in the systematic withdrawal program. Conseco Variable reserves the
right, at any time and without prior notice, to terminate, suspend or modify its
Dollar Cost Averaging Program. Currently, there is no charge for participating
in the Dollar Cost Averaging Program. However, Conseco Variable reserves the
right to charge for this program in the future.
Dollar cost averaging does not assure a profit and does not protect against
loss in declining markets. Dollar cost averaging involves continuous investment
in the selected investment portfolio(s) regardless of fluctuating price levels
of the investment portfolio(s). You should consider your financial ability to
continue the dollar cost averaging program through periods of fluctuating price
levels.
Rebalancing Program
Once your money has been allocated among the investment portfolios, the
performance of each portfolio may cause your allocation to shift. If the value
of your contract is at least $5,000, you can direct us to automatically
rebalance your contract to return to your original percentage allocations by
selecting our Rebalancing Program. The Rebalancing Program may also be available
through the internet (check with your registered representative regarding
availability). Rebalancing over the internet is subject to our administrative
rules and procedures. You can select up to 15 investment portfolios for
rebalancing. You can tell us whether to rebalance quarterly, semi-annually or
annually. We will measure these periods from the date you selected. You must use
whole percentages in 1% increments for rebalancing. There will be no rebalancing
within the interest adjustment account. You can discontinue rebalancing at any
time. You can change your rebalancing requests at any time in writing or through
internet access which we must receive before the next rebalancing date. If you
participate in the Rebalancing Program, the transfers made under the program are
not taken into account in determining any transfer fee. Currently, there is no
charge for participating in the Rebalancing Program. Conseco Variable reserves
the right, at any time and without prior notice, to terminate, suspend or modify
its Rebalancing Program.
Example: Assume that you want your initial purchase payment split between 2
investment portfolios. You want 40% to be in the Fixed Income Portfolio and 60%
to be in Growth Portfolio. Over the next 2 1/2 months the bond market does very
well while the stock market performs poorly. At the end of the first quarter,
the Fixed Income Portfolio now represents 50% of your holdings because of its
increase in value. If you had chosen to have your holdings rebalanced quarterly,
on the first day of the next quarter, Conseco Variable would sell some of your
units in the Fixed Income Portfolio to bring its value back to 40% and use the
money to buy more units in the Growth Portfolio to increase those holdings to
60%.
Asset Allocation Program
We understand the importance to you of having advice from a financial
adviser regarding your investments in the contract (asset allocation program).
Certain investment advisers have made arrangements with us to make their
services available to you. Conseco Variable has not made any independent
investigation of these advisers and is not endorsing such programs. You may be
required to enter into an advisory agreement with your investment adviser to
have the fees paid out of your contract during the accumulation phase.
Conseco Variable will, pursuant to an agreement with you, make a partial
withdrawal from the value of your contract to pay for the services of the
investment adviser. If the contract is non-qualified, the withdrawal will be
treated like any other distribution and may be included in gross income for
federal tax purposes. Further, if you are under 59 1/2, it may be subject to
a tax penalty. If the contract is qualified, the withdrawal for the payment
of fees may not be treated as a taxable distribution if certain conditions
are met. You should consult a tax adviser regarding the tax treatment of the
payment of investment adviser fees from your contract.
5. Expenses
There are charges and other expenses associated with the contract that
reduce the return on your investment in the contract. These charges and expenses
are:
Insurance Charges
Each day, Conseco Variable makes a deduction for its insurance charges.
Insurance charges do not apply to amounts allocated to the interest adjustment
account. Conseco Variable does this as part of its calculation of the value of
the accumulation units and the annuity units. Insurance charges do not apply to
amounts allocated to the interest adjustment account.
The insurance charge has two parts: 1) the mortality and expense risk
charge, and 2) the administrative charge.
Mortality And Expense Risk Charge. This charge is equal, on an annual
basis, to 1.15% of the average daily value of the contract invested in an
investment portfolio. This charge may be increased but it will not exceed
1.25% of the average daily value of the contract invested in an investment
portfolio. We will give you 90 days' notice if this charge is increased.
This charge is for the insurance benefits provided under the contract and
certain administrative and distribution expenses associated with the
contract.
Administrative Charge. This charge is equal, on an annual basis, to .15%
of the average daily value of the contract invested in an investment portfolio.
This charge may be increased but it will not exceed .25% of the average daily
value of the contract invested in an investment portfolio. We will give you 90
days' notice if this charge is increased. This charge is for certain
administrative expenses.
Contract Maintenance Charge
During the accumulation phase, every year on the anniversary of the date
when your contract was issued, Conseco Variable deducts $30 from your contract
as a contract maintenance charge. The charge is deducted from the investment
portfolio or the guarantee period of the interest adjustment account with the
largest balance. Conseco Variable does not deduct a contract maintenance
charge during the income phase. This charge is for certain administrative
expenses associated with the contract.
Under current practices, Conseco Variable does not deduct this charge if
the value of your contract is $25,000 or more. Conseco Variable may some time in
the future discontinue this practice and deduct the charge regardless of your
contract value.
If you make a complete withdrawal from your contract, Conseco Variable
will deduct the contract maintenance charge. The charge will also be
deducted if the annuity date is other than an anniversary.
Transfer Fee
You can make one free transfer every 30 days during the accumulation
phase. If you make more than one transfer in a 30-day period, you could be
charged a transfer fee of $25 or 2% of the amount transferred, whichever is
less. The transfer fee is deducted from the account from which the transfer was
made. If the entire amount in the account is transferred, the fee will be
deducted from the amount transferred. If you transfer money from more than one
account, the charge is deducted from the account with the largest balance. The
four transfers permitted each year during the income phase are free.
All reallocations made in the same day count as one transfer. Transfers
made at the end of the free look period by us are not counted in determining the
transfer fee. If the transfer is part of the Dollar Cost Averaging Program or
the Rebalancing Program it will not count in determining the transfer fee.
Premium Taxes
Some states and other governmental entities (e.g., municipalities) charge
premium taxes or similar taxes. Conseco Variable is responsible for the payment
of these taxes and will make a deduction from the value of the contract for
them. These taxes are due either when the contract is issued or when annuity
payments begin. It is Conseco Variable's current practice to deduct these taxes
when either annuity payments begin or upon partial or full surrender of the
contract. Conseco Variable may in the future discontinue this practice and
assess the charge when the tax is due. Premium taxes currently range from 0% to
3.5%, depending on the state.
Income Taxes
Conseco Variable will deduct from the contract for any income taxes which
it incurs because of the contract. At the present time, we are not making any
such deductions.
Investment Portfolio Expenses
There are deductions from and expenses paid out of the assets of the
various investment portfolios, which are described in the fund prospectuses.
6. Taxes
Note: Conseco Variable has prepared the following information on taxes as
a general discussion of the subject. It is not intended as tax advice to any
individual. You should consult your own tax adviser about your own
circumstances. Conseco Variable has included an additional discussion regarding
taxes in the Statement of Additional Information.
Annuity Contracts In General
Annuity contracts are a means of setting aside money for future needs,
usually retirement. Congress recognized how important saving for retirement was
and provided special rules in the Internal Revenue Code (Code) for annuities.
Simply stated, these rules provide that you will not be taxed on the
earnings on the money held in your annuity contract until you take the money
out. This is referred to as tax-deferral. There are different rules as to how
you will be taxed depending on how you take the money out and the type of
contract - qualified or non-qualified (see following sections).
You, as the owner, will not be taxed on increases in the value of your
contract until a distribution occurs--either as a withdrawal or as annuity
payments. When you make a withdrawal you are taxed on the amount of the
withdrawal that is earnings. For annuity payments, different rules apply. A
portion of each annuity payment is treated as a partial return of your purchase
payments and will not be taxed. The remaining portion of the annuity payment
will be treated as ordinary income. How the annuity payment is divided between
taxable and non-taxable portions depends upon the period over which the annuity
payments are expected to be made. Annuity payments received after you have
received all of your purchase payments are fully includible in income.
When a non-qualified contract is owned by a non-natural person (e.g.,
corporation or certain other entities other than a trust holding the contract as
an agent for a natural person), the contract will generally not be treated as an
annuity for tax purposes.
Qualified And Non-Qualified Contracts
If you purchase the contract as an individual and not under an Individual
Retirement Annuity (IRA) or a Tax-Sheltered Annuity (TSA or 403(b) annuity),
your contract is referred to as a non-qualified contract.
If you purchase the Contract under an IRA or TSA, your Contract is
referred to as a Qualified Contract.
A qualified contract will not provide any necessary or additional tax
deferral if it is used to fund a qualified plan that is tax deferred. However,
the contract has features and benefits other than tax deferral that may make it
an appropriate investment for a qualified plan. You should consult your tax
adviser regarding these features and benefits prior to purchasing a qualified
contract.
Withdrawals--Non-Qualified Contracts
If you make a withdrawal from your non-qualified contract, the Code
generally treats such a withdrawal as first coming from earnings and then from
your purchase payments. Such withdrawn earnings are includible in income.
The Code also provides that any amount received under an annuity contract
which is included in income may be subject to a penalty. The amount of the
penalty is equal to 10% of the amount that is includible in income. Some
withdrawals will be exempt from the penalty. They include any amounts:
(1) paid on or after you reach age 59 1/2;
(2) paid after you die;
(3) paid if you become totally disabled (as that term is defined in the
Code);
(4) paid in a series of substantially equal payments made annually (or
more frequently) for life or a period not exceeding life expectancy;
(5) paid under an immediate annuity; or
(6) which come from purchase payments made prior to August 14, 1982.
Withdrawals--Qualified Contracts
If you make a withdrawal from your qualified contract, a portion of the
withdrawal is treated as taxable income. This portion depends on the ratio of
pre-tax purchase payments to the after-tax purchase payments in your contract.
If all of your purchase payments were made with pre-tax money then the full
amount of any withdrawal is includible in taxable income. Special rules may
apply to withdrawals from certain types of qualified contracts.
The Code also provides that any amount received under a qualified contract
which is included in income may be subject to a penalty. The amount of the
penalty is equal to 10% of the amount that is includible in income. Some
withdrawals will be exempt from the penalty. They include any amounts:
(1) paid on or after you reach age 591/2;
(2) paid after you die;
(3) paid if you become totally disabled (as that term is defined in the
Code);
(4) paid to you after leaving your employment in a series of substantially
equal periodic payments made annually (or more frequently) under a
lifetime annuity;
(5) paid to you after you have attained age 55 and you have left your
employment;
(6) paid for certain allowable medical expenses (as defined in the Code);
(7) paid pursuant to a qualified domestic relations order;
(8) paid on account of an IRS levy upon the qualified contract;
(9) paid from an IRA for medical insurance (as defined in the Code);
(10) paid from an IRA for qualified higher education expenses; or
(11) paid from an IRA for up to $10,000 for qualified first-time homebuyer
expenses (as defined in the Code).
The exceptions in (5) and (7) above do not apply to IRAs. The exception in
(4) above applies to IRAs but without the requirement of leaving employment.
We have provided a more complete discussion in the Statement of Additional
Information.
Withdrawals -- Tax-Sheltered Annuities
The Code limits the withdrawal of amounts attributable to purchase
payments made under a salary reduction agreement by owners from Tax-Sheltered
Annuities. Withdrawals can only be made under the following circumstances:
(1) when you reach age 59 1/2;
(2) when you leave your job;
(3) when you die;
(4) when you become disabled (as that term is defined in the Code);
(5) in the case of hardship; or
(6) made pursuant to a qualified domestic relations order, if otherwise
permitted.
However, in the case of hardship, the owner can only withdraw the purchase
payments and not any earnings. You should consult your own tax adviser about
your own circumstances.
Diversification
The Code provides that the underlying investments for a variable annuity
must satisfy certain diversification requirements in order to be treated as an
annuity contract. Conseco Variable believes that the investment portfolios are
being managed so as to comply with the requirements.
Investor Control
Neither the Code nor the Internal Revenue Service Regulations issued to
date provide guidance as to the circumstances under which you, because of the
degree of control you exercise over the underlying investments, and not Conseco
Variable would be considered the owner of the shares of the investment
portfolios. If you are considered the owner of the shares, it will result in the
loss of the favorable tax treatment for the contract. It is unknown to what
extent under federal tax law owners are permitted to select investment
portfolios, to make transfers among the investment portfolios or the number and
type of investment portfolios owners may select from without being considered
the owner of the shares. If any guidance is provided which is considered a new
position, then the guidance would generally be applied prospectively. However,
if such guidance is considered not to be a new position, it may be applied
retroactively. This would mean that you, as the owner of the contract, could be
treated as the owner of the investment portfolios.
Due to the uncertainty in this area, Conseco Variable reserves the right
to modify the contract as reasonably deemed necessary to maintain favorable tax
treatment.
7. Access To Your Money
You can have access to the money in your contract :
(1) by making a withdrawal (either a partial or a complete withdrawal);
(2) by electing to receive annuity payments; or
(3) when a death benefit is paid to your beneficiary.
In general, withdrawals can only be made during the accumulation phase.
When you make a complete withdrawal, you will receive the value of the
contract on the day you made the withdrawal, less any premium tax and less any
contract maintenance charge.
You must tell us which account (investment portfolio(s) and/or guarantee
period of the interest adjustment account) you want the withdrawal to come
from. Under most circumstances, the amount of any partial withdrawal from any
investment portfolio or the interest adjustment account must be for at least
$500. Conseco Variable requires that after a partial withdrawal is made there
must be at least $500 left in your contract and in any investment portfolio.
Conseco Variable will pay the amount of any withdrawal from the investment
portfolios within 7 days of your request in good order unless the suspension of
payments or transfers provision (see below) is in effect.
Income taxes, tax penalties and certain restrictions may apply to any
withdrawal you make.
Systematic Withdrawal Program
The Systematic Withdrawal Program allows you to choose to receive your
automatic payments either monthly, quarterly, semi-annually or annually. You
must have at least $5,000 in your contract to start the program. Conseco
Variable reserves the right to change this amount. You cannot take systematic
withdrawals from the interest adjustment account. You can instruct Conseco
Variable to withdraw a level dollar amount or percentage from specified
investment options, largest account balance or on a pro-rata basis. If you do
a reallocation and do not specify investment options, all systematic
withdrawals will then default to a pro-rata basis. Each withdrawal under the
program must be for at least $100. The systematic withdrawal program will end
any time you designate. If you make a partial withdrawal outside the program
and the value of your contract is less than $5,000 the program will
automatically terminate. Conseco Variable does not have any charge for this
program.
All systematic withdrawals will be paid on the last business day of the
month (beginning with the first full month after you bought your contract).
Income taxes, tax penalties and certain restrictions may apply to
systematic withdrawals.
There are limits to the amount you can withdraw from a qualified plan
referred to as a 403(b) (tax-sheltered annuity) plan. For a more complete
explanation, see Section 6--Taxes and the discussion in the Statement of
Additional Information.
Suspension of Payments or Transfers
Conseco Variable may be required to suspend or postpone payments for
withdrawal or transfers from the investment portfolios for any period when:
1. the New York Stock Exchange is closed (other than customary weekend and
holiday closings);
2. trading on the New York Stock Exchange is restricted;
3. an emergency exists as a result of which disposal of shares of the
investment portfolios is not reasonably practicable or Conseco Variable cannot
reasonably value the shares of the investment portfolios;
4. during any other period when the SEC, by order, so permits for the
protection of owners.
Conseco Variable has reserved the right to defer payment for a withdrawal
or transfer from the interest adjustment account for the period permitted by
law but not for more than six months.
8. Performance
Conseco Variable may periodically advertise performance of the annuity
investment in the various investment portfolios. Conseco Variable will calculate
performance by determining the percentage change in the value of an accumulation
unit by dividing the increase (decrease) for that unit by the value of the
accumulation unit at the beginning of the period. This performance number
reflects the deduction of the insurance charges and the fees and expenses of the
investment portfolio. It does not reflect the deduction of any applicable
contract maintenance charge. The deduction of any applicable contract
maintenance charge would reduce the percentage increase or make greater any
percentage decrease. Any advertisement will also include standardized average
annual total return figures which reflect the deduction of the insurance
charges, contract maintenance charge and the fees and expenses of the investment
portfolio.
For periods starting prior to the date the contracts were first offered,
the performance will be based on the historical performance of the corresponding
portfolios, modified to reflect the charges and expenses of the contract as if
the contract had been in existence during the period stated in the
advertisement. These figures should not be interpreted to reflect actual
historical performance.
Conseco Variable may, from time to time, include in its advertising and
sales materials, tax deferred compounding charts and other hypothetical
illustrations, which may include comparisons of currently taxable and tax
deferred investment programs, based on selected tax brackets.
9. Death Benefit
Upon Your Death
If you die before annuity payments begin, Conseco Variable will pay a
death benefit to your beneficiary (see below). If you have a joint owner, the
death benefit will be paid when the first Owner dies. The surviving joint owner
will be treated as the beneficiary.
If death occurs prior to age 80, the amount of the death benefit will be
the greater of:
(1) the value of your contract at the time Conseco Variable receives proof
of death and a payment election; or
(2) the total purchase payments you have made, less any withdrawals.
If death occurs at age 80 or later, the death benefit will be the contract
value at the time Conseco Variable receives proof of death and a payment
election.
The entire death benefit must be paid within 5 years of the date of death
unless the beneficiary elects to have the death benefit payable under an annuity
option. The death benefit payable under an annuity option must be paid over the
beneficiary's lifetime or for a period not extending beyond the beneficiary's
life expectancy. Payment must begin within one year of the date of death. If the
beneficiary is the spouse of the owner, he/she can continue the contract in
his/her own name at the then current value. If a lump sum payment is elected and
all the necessary requirements are met, the payment will be made within 7 days.
Different rules may apply in the case of an Individual Retirement Annuity.
If you or any joint owner (who is not the annuitant) dies during the
income phase, any remaining payments under the annuity option elected will
continue at least as rapidly as under the method of distribution prior to the
death of the owner or joint owner. If you die during the income phase, the
beneficiary becomes the owner. If any joint owner dies during the income phase,
the surviving joint owner, if any, will be treated as the primary beneficiary.
Any other beneficiary on record at the time of death will be treated as a
contingent beneficiary. Different rules may apply in the case of an Individual
Retirement Annuity.
Death Of Annuitant
If the annuitant, who is not an owner or joint owner, dies during the
accumulation phase, you can name a new annuitant. Unless another annuitant is
named within 30 days of the death of the annuitant, you will become the
annuitant. However, if the owner is a non-natural person (for example, a
corporation), then the death of the annuitant will be treated as the death of
the owner, and a new annuitant may not be named.
Upon the death of the annuitant during the income phase, the death
benefit, if any, will be as provided for in the annuity option selected. The
death benefit will be paid at least as rapidly as under the method of
distribution in effect at the annuitant's death.
10. Other Information
Conseco Variable
Conseco Variable Insurance Company was originally organized in 1937. Prior
to October 7, 1998, Conseco Variable Insurance Company was known as Great
American Reserve Insurance Company. In certain states, we may still use the name
Great American Reserve Insurance Company until our name change is approved in
the state. It is principally engaged in the life insurance business in 49 states
and the District of Columbia. Conseco Variable is a stock company organized
under the laws of the state of Texas and is an indirect wholly-owned subsidiary
of Conseco, Inc. Conseco, Inc. is a publicly held financial services holding
company and one of middle America's leading sources for insurance, investment
and lending products. Through its subsidiaries and a nationwide network of
insurance agents and finance dealers, Conseco, Inc. provides solutions for both
wealth protection and wealth creation to more than 12 million customers.
The Separate Account
Conseco Variable has established a separate account to hold the assets that
underlie the contracts. Conseco Variable Annuity Account G serves the variable
annuity portion of the contract. Prior to May 1, 1999, Conseco Variable Annuity
Account G was known as Great American Reserve Variable Annuity Account G. The
Board of Directors of Conseco Variable adopted a resolution to establish the
Separate Account under Texas Insurance law on January 18, 1996. Conseco Variable
Annuity Account G is registered with the Securities and Exchange Commission as a
unit investment trust under the Investment Company Act of 1940. Conseco Variable
Annuity Account G is divided into sub-accounts.
The assets of the Separate Account are held in Conseco Variable's name on
behalf of the Separate Account and legally belong to Conseco Variable. However,
those assets that underlie the contract, are not chargeable with liabilities
arising out of any other business Conseco Variable may conduct. All the income,
gains and losses (realized or unrealized) resulting from these assets are
credited to or charged against the contracts and not against any other contracts
Conseco Variable may issue.
The obligations under the contracts are obligations of Conseco Variable
Insurance Company.
Distributor
Conseco Equity Sales, Inc. (CES), 11815 N. Pennsylvania Street, Carmel,
Indiana 46032, acts as the distributor of the Contracts. CES, an affiliate of
Conseco Variable, is registered as a broker-dealer under the Securities Exchange
Act of 1934. CES is a member of the National Association of Securities Dealers,
Inc.
Commissions will be paid to broker-dealers who sell the contracts.
Broker-dealers commissions may cost up to .75% of purchase payments plus an
annual trail commission in the amount of .75% of the value of the contract for
promotional or distribution expenses associated with the marketing of the
contracts. In addition, under certain circumstances, payments may be made to
certain sellers for other services not directly related to the sale of the
contracts.
Ownership
The contract is an allocated fixed and variable deferred annuity contract.
This group contract is issued to a contract holder, for the benefit of the
participants in the group. You are a participant in the group and will receive a
certificate evidencing your ownership. You, as the owner of a certificate, are
entitled to all the rights and privileges of ownership. As used in this
prospectus, the term contract refers to your certificate. In some states, an
individual fixed and variable deferred annuity contract may be available
instead, which is identical to the group contract described in this prospectus
except that it is issued directly to the owner.
Spousal joint owner are allowed with this contract (except if it is issued
pursuant to a qualified plan). Upon the death of either joint owner, the
surviving owner will be the designated beneficiary. Any other beneficiary
designation at the time the contract was issued or as may have been later
changed will be treated as a contingent beneficiary unless otherwise indicated.
Beneficiary
The beneficiary is the person(s) or entity you name to receive any death
benefit. The beneficiary is named at the time the contract is issued. Unless
an irrevocable beneficiary has been named, you can change the beneficiary at any
time before you die.
Assignment
You can assign the contract at any time during your lifetime. Conseco
Variable will not be bound by the assignment until it receives the written
notice of the assignment. Conseco Variable will not be liable for any payment or
other action we take in accordance with the contract before we receive notice of
the assignment. An assignment may be a taxable event.
If the contract is issued pursuant to a qualified plan, there are
limitations on your ability to assign the contract.
Financial Statements
The financial statements of Conseco Variable are included in the
Statement of Additional Information. They should be considered only
as bearing on the ability of Conseco Variable to meet its obligations
under the contracts. They should not be considered as bearing on the
investment performance of the investment portfolios. The value of the
investment portfolios is affected primarily by the performance of the
underlying investments.
The financial statements of Conseco Variable Annuity Account G
are included in the Statement of Additional Information.
Table of Contents of the Statement of Additional Information
Company
Independent Accountants
Legal Opinions
Distribution
Calculation of Performance Information
Federal Tax Status
Annuity Provisions
Financial Statements
Appendix A-Condensed Financial Information
Accumulation Unit Value History
The following schedule includes accumulation unit values for the periods
indicated. This data has been taken from the Conseco Variable Annuity Account
G's financial statements. This information should be read in conjunction with
Conseco Variable Annuity Account G's financial statements and related notes
which are included in the Statement of Additional Information.
Year Period ended
SUB-ACCOUNT Ended 12/31/99 12/31/98
- - ------------------------------------------------------------------------------
Conseco Series Trust Equity
Beginning of Period .................. $14.764 $12.937
End of Period ........................ $21.755 $14.764
No. of Accum. Units Outstanding ...... 4,335 2,408
Conseco Series Trust Balanced
Beginning of Period .................. $13.209 $12.124
End of Period ........................ $17.061 $13.209
No. of Accum. Units Outstanding ...... 18,122 13,461
Conseco Series Trust Fixed Income
Beginning of Period .................. $11.222 $10.708
End of Period ........................ $11.034 $11.222
No. of Accum. Units Outstanding ...... 8,054 7,921
Conseco Series Trust Government Securities
Beginning of Period .................. $11.230 $10.626
End of Period ........................ $10.812 $11.230
No. of Accum. Units Outstanding ...... 10,693 2,362
Conseco Series Trust Money Market
Beginning of Period .................. $10.659 $10.263
End of Period ........................ $11.036 $10.659
No. of Accum. Units Outstanding ...... 724,556 1,583
Alger American Growth
Beginning of Period .................. $17.566 $12.018
End of Period ........................ $23.190 $17.566
No. of Accum. Units Outstanding ...... 16,372 5,855
Alger American Leveraged AllCap
Beginning of Period .................. $18.580 $11.926
End of Period ........................ $32.658 $18.580
No. of Accum. Units Outstanding ...... 17,588 2,615
Alger American MidCap Growth
Beginning of Period .................. $15.392 $11.967
End of Period ........................ $20.032 $15.392
No. of Accum. Units Outstanding ...... 9,298 1,813
Alger American Small Capitalization
Beginning of Period .................. $14.387 $12.616
End of Period ........................ $20.367 $14.387
No. of Accum. Units Outstanding ...... 2,424 643
YEAR PERIOD ENDED
SUB-ACCOUNT ENDED 12/31/99 12/31/98
- - ------------------------------------------------------------------------------
American Century VP Income & Growth
Beginning of Period $10.826 $10.000
End of Period $12.612 $10.826
No. of Accum. Units Outstanding 42,620 6,940
American Century VP International
Beginning of Period $ 9.710 $10.000
End of Period $15.723 $9.710
No. of Accum. Units Outstanding 35,028 767
American Century VP Value
Beginning of Period $ 9.318 $10.000
End of Period $ 9.120 $ 9.318
No. of Accum. Units Outstanding 9,758 4,663
Berger IPT-Growth
Beginning of Period $ 9.711 $10.000
End of Period $14.295 $ 9.711
No. of Accum. Units Outstanding 3,035 0
Berger IPT-Growth and Income
Beginning of Period $11.184 $10.000
End of Period $17.558 $11.184
No. of Accum. Units Outstanding 44,589 4,269
Berger IPT-Small Company Growth
Beginning of Period $ 8.832 $10.000
End of Period $16.690 $ 8.832
No. of Accum. Units Outstanding 2,342 0
Berger/BIAM IPT-International
Beginning of Period $ 9.992 $10.000
End of Period $12.961 $ 9.992
No. of Accum. Units Outstanding 214 0
The Dreyfus Socially Responsible Growth Fund, Inc.
Beginning of Period $11.078 $10.000
End of Period $14.225 $11.078
No. of Accum. Units Outstanding 8,135 340
Dreyfus Stock Index Fund
Beginning of Period $10.964 $10.000
End of Period $13.052 $10.964
No. of Accum. Units Outstanding 38,679 4,735
Dreyfus VIF Disciplined Stock
Beginning of Period $10.726 $10.000
End of Period $12.541 $10.726
No. of Accum. Units Outstanding 4,703 2,317
Dreyfus VIF International Value
Beginning of Period $ 9.423 $10.000
End of Period $11.889 $ 9.423
No. of Accum. Units Outstanding 2,227 816
Federated High Income Bond II
Beginning of Period $ 9.806 $10.000
End of Period $ 9.902 $ 9.806
No. of Accum. Units Outstanding 16,320 3,262
Federated International Equity II
Beginning of Period $13.510 $10.900
End of Period $24.656 $13.510
No. of Accum. Units Outstanding 390 0
Federated Utility II
Beginning of Period $10.906 $10.000
End of Period $10.948 $10.906
No. of Accum. Units Outstanding 2,627 2,530
================================================================================
YEAR ENDED PERIOD ENDED
SUB-ACCOUNT 12/31/99 12/31/98
- - ------------------------------------------------------------------------------
INVESCO VIF - High Yield
Beginning of Period $11.374 $11.362
End of Period $12.260 $11.374
No. of Accum. Units Outstanding 16,490 653
INVESCO VIF - Equity Income
Beginning of Period $13.741 $12.074
End of Period $15.577 $13.741
No. of Accum. Units Outstanding 866 0
Janus Aggressive Growth
Beginning of Period $11.694 $10.000
End of Period $26.019 $11.694
No. of Accum. Units Outstanding 21,535 277
Janus Growth
Beginning of Period $11.565 $10.000
End of Period $16.437 $11.565
No. of Accum. Units Outstanding 43,956 7,982
Janus Worldwide Growth
Beginning of Period $10.511 $10.000
End of Period $17.063 $10.511
No. of Accum. Units Outstanding 47,139 7,444
Lazard Retirement Equity
Beginning of Period $10.560 $10.000
End of Period $11.274 $10.560
No. of Accum. Units Outstanding 905 6,642
Lazard Retirement Small Cap
Beginning of Period $ 8.559 $10.000
End of Period $ 8.882 $ 8.559
No. of Accum. Units Outstanding 416 873
Lord Abbett Growth & Income
Beginning of Period $12.975 $11.645
End of Period $14.952 $12.975
No. of Accum. Units Outstanding 4,643 3,668
Mitchell Hutchins Growth and Income
Beginning of Period $ 9.905 $10.000
End of Period $10.787 $ 9.905
No. of Accum. Units Outstanding 119 0
Neuberger Berman Limited Maturity Bond
Beginning of Period $10.164 $10.000
End of Period $10.181 $10.164
No. of Accum. Units Outstanding 4,967 2,323
Neuberger Berman Partners
Beginning of Period $ 9.281 $10.000
End of Period $ 9.836 $ 9.281
No. of Accum. Units Outstanding 1,860 2,063
Strong Opportunity II
Beginning of Period $ 9.547 $10.000
End of Period $12.713 $ 9.547
No. of Accum. Units Outstanding 10,751 2,083
Strong Mid Cap Growth II
Beginning of Period $11.533 $10.000
End of Period $21.617 $11.533
No. of Accum. Units Outstanding 10,944 773
Van Eck Worldwide Bond
Beginning of Period $10.850 $ 8.060
End of Period $ 9.872 $10.850
No. of Accum. Units Outstanding 2,314 1,319
- - ------------------------------------------------------------------------------
Van Eck Worldwide Emerging Markets
Beginning of Period $ 5.239 $10.000
End of Period $10.357 $ 5.239
No. of Accum. Units Outstanding 6,406 245
Van Eck Worldwide Hard Assets
Beginning of Period $ 7.136 $10.466
End of Period $ 8.523 $ 7.136
No. of Accum. Units Outstanding 2,649 0
Van Eck Worldwide Real Estate
Beginning of Period $ 8.520 $10.000
End of Period $ 8.240 $ 8.520
No. of Accum. Units Outstanding 560 0
There are no accumulation unit values shown for the following sub-accounts
because they were not available under your contract until the date of this
prospectus: Conseco 20 Focus; Conseco High Yield; Berger IPT-New Generation;
Rydex OTC; Rydex Nova; Seligman Communications and Information; and Seligman
Global Technology.
================================================================================
APPENDIX B
PARTICIPATING INVESTMENT PORTFOLIOS
Below is a summary of the investment objectives and strategies of each
investment portfolio available under the contract. THERE CAN BE NO ASSURANCE
THAT THE INVESTMENT OBJECTIVES WILL BE ACHIEVED.
The fund prospectuses contain more complete information including a description
of the investment objectives, policies, restrictions and risks of each
portfolio.
CONSECO SERIES TRUST
Conseco Series Trust is managed by Conseco Capital Management, Inc. (CCM) which
is an affiliate of Conseco Variable. Conseco Series Trust is a mutual fund
with multiple portfolios. The following portfolios are available under the
contract:
Conseco 20 Focus Portfolio
The Conseco 20 Focus Portfolio seeks capital appreciation. Normally, the
Portfolio will invest at least 65% of its assets in common stocks of companies
that the Adviser believes have above-average growth prospects. The Portfolio
is non-diversified and will normally concentrate its investments in a core
position of approximately 20-30 common stocks.
Equity Portfolio
The Equity Portfolio seeks to provide a high total return consistent with
preservation of capital and a prudent level of risk. The portfolio will
invest primarily in selected equity securities, including common stocks and
other securities having the investment characteristics of common stocks,
such as convertible securities and warrants.
Balanced Portfolio
The Balanced Portfolio seeks a high total investment return, consistent with the
preservation of capital and prudent investment risk. Normally, the portfolio
invests approximately 50-65% of its assets in equity securities, and the
remainder in a combination of fixed income securities, or cash equivalents.
High Yield Portfolio
The High Yield Portfolio seeks to provide a high level of current income with a
secondary objective of capital appreciation. Normally, the adviser invests at
least 65% of the Portfolio's assets in below investment grade securities (those
rated BB+/Bal or lower by independent rating agencies).
Fixed Income Portfolio
The Fixed Income Portfolio seeks the highest level of income consistent with
preservation of capital. The portfolio invests primarily in investment grade
debt securities.
Government Securities Portfolio
The Government Securities Portfolio seeks safety of capital, liquidity and
current income. The portfolio will invest primarily in securities issued
by the U.S. government or an agency or instrumentality of the U.S. government.
Money Market Portfolio
The Money Market Portfolio seeks current income consistent with stability of
capital and liquidity. The portfolio may invest in U.S. government securities,
bank obligations, commercial paper obligations, short-term corporate debt
securities and municipal obligations.
THE ALGER AMERICAN FUND
The Alger American Fund is a mutual fund with multiple portfolios. The
manager of the fund is Fred Alger Management, Inc. The following
portfolios are available under the contract:
Alger American Growth Portfolio
The Alger American Growth Portfolio seeks long-term capital appreciation. It
focuses on growing companies that generally have broad product lines, markets,
financial resources and depth of management. Under normal circumstances, the
portfolio invests primarily in the equity securities of large companies.
Alger American Leveraged AllCap Portfolio
The Alger American Leveraged AllCap Portfolio seeks long-term capital
appreciation. Under normal circumstances, the portfolio invests in the equity
securities of companies of any size which demonstrate promising growth
potential. The portfolio can borrow money in amounts of up to one-third of its
total assets to buy additional securities.
Alger American MidCap Growth Portfolio
The Alger American MidCap Growth Portfolio seeks long-term capital
appreciation. It focuses on midsize companies with promising growth
potential. Under normal circumstances, the portfolio invests primarily
in the equity securities of companies having a market capitalization
within the range of companies in the S&P MidCap 400 Index.
Alger American Small Capitalization Portfolio
The Alger American Small Capitalization Portfolio seeks long-term capital
appreciation. It focuses on small, fast-growing companies that offer
innovative products, services or technologies to a rapidly expanding
marketplace. Under normal circumstances, the portfolio invests primarily
in the equity securities of small capitalization companies.
AMERICAN CENTURY VARIABLE PORTFOLIOS, INC.
American Century Variable Portfolios, Inc. is a mutual fund with multiple
portfolios. The fund's investment adviser is American Century Investment
Management, Inc. The following portfolios are available under the contract:
VP Income & Growth Fund
The VP Income & Growth Fund seeks dividend growth, current income and capital
appreciation by investing in common stocks. The fund's investment strategy
utilizes quantitative management techniques in a two-step process that draws
heavily on computer technology.
VP International Fund
The VP International Fund seeks capital growth. The fund managers use a growth
investment strategy developed by American Century to invest in stocks of
companies that they believe will increase in value over time. This strategy
looks for companies with earnings and revenue growth. International investment
involves special risk considerations. These include economic and political
conditions, expected inflation rates and currency fluctuations.
VP Value Fund
The VP Value Fund seeks long-term capital growth. Income is a secondary
objective. In selecting stocks for the VP Value Fund, the fund managers look for
stocks of medium to large companies that they believe are undervalued at the
time of purchase.
BERGER INSTITUTIONAL PRODUCTS TRUST
Berger Institutional Products Trust is a mutual fund with multiple
portfolios. Berger LLC (formerly, Berger Associates, Inc.) is the investment
adviser for the Berger IPT-Growth Fund, the Berger IPT-Growth and Income
Fund, the Berger IPT-Small Company Growth Fund and the Berger IPT-New
Generation Fund. BBOI Worldwide LLC, a joint venture between Berger LLC and
Bank of Ireland Asset Management (U.S.) Limited (BIAM), is the investment
adviser for the Berger/BIAM IPT-International Fund. BBOI Worldwide LLC has
delegated daily management of the Fund to BIAM. Berger LLC and BIAM have
entered into an agreement to dissolve BBOI Worldwide LLC. The dissolution of
BBOI Worldwide LLC will have no effect on the investment advisory services
provided to the Fund. Contingent upon shareholder approval, when BBOI
Worldwide LLC is dissolved, Berger LLC will become the Fund's advisor and
BIAM will continue to be responsible for day-to-day management of the Fund's
portfolio as sub-advisor. If approved by shareholders, these advisory
changes are expected to take place in the first half of this year. The
following portfolios are available under the contract:
Berger IPT-Growth Fund (formerly, Berger IPT -100 Fund)
The Berger IPT-Growth Fund aims for long-term capital appreciation. In pursuing
that goal, the fund primarily invests in the common stocks of established
companies with the potential for strong earnings growth.
Berger IPT-Growth and Income Fund
The Berger IPT-Growth and Income Fund aims for capital appreciation and has a
secondary goal of investing in securities that produce current income for the
portfolio. In pursuing these goals, the fund primarily invests in the securities
of well-established, growing companies.
Berger IPT-Small Company Growth Fund
The Berger IPT-Small Company Growth Fund aims for capital appreciation. In
pursuing that goal, the fund primarily invests in the common stocks of small
companies with the potential for rapid earnings growth.
Berger IPT - New Generation Fund
The Berger IPT - New Generation Fund seeks capital appreciation. In pursuing
that goal, the Fund primarily invests in the common stocks of companies believed
to have the potential to change the direction or dynamics of the industries in
which they operate or significantly influence the way businesses or consumers
conduct their affairs.
Berger/BIAM IPT-International Fund
The Berger/BIAM IPT-International Fund aims for long-term capital appreciation.
In pursuing that goal, the fund primarily invests in a portfolio consisting of
common stocks of well-established foreign companies.
THE DREYFUS SOCIALLY RESPONSIBLE GROWTH FUND, INC.
The Dreyfus Socially Responsible Growth Fund, Inc. is a mutual fund. The
investment adviser for the fund is The Dreyfus Corporation.
The Dreyfus Socially Responsible Growth Fund, Inc. seeks to provide capital
growth, with current income as a secondary goal. To pursue these goals, the fund
invests primarily in the common stock of companies that, in the opinion of the
fund's management, meet traditional investment standards and conduct their
business in a manner that contributes to the enhancement of the quality of life
in America.
DREYFUS STOCK INDEX FUND
The Dreyfus Stock Index Fund is a mutual fund. The investment adviser for the
fund is The Dreyfus Corporation.
The Dreyfus Stock Index Fund seeks to match the total return of the Standard &
Poor's 500 Composite Stock Price Index. To pursue this goal, the fund generally
invests in all 500 stocks in the S&P 500 in proportion to their weighting in
the index.
DREYFUS VARIABLE INVESTMENT FUND
The Dreyfus Variable Investment Fund ("Dreyfus VIF") is a mutual fund with
multiple portfolios. The investment adviser for the portfolios is The Dreyfus
Corporation. The following portfolios are available under the contract:
Dreyfus VIF Disciplined Stock Portfolio
The Dreyfus VIF Disciplined Stock Portfolio seeks investment returns (consisting
of capital appreciation and income) that are greater than the total return
performance of stocks represented by the Standard & Poor's 500 Composite Stock
Price Index. To pursue this goal, the portfolio invests in a blended portfolio
of growth and value stocks chosen through a disciplined investment process.
Dreyfus VIF International Value Portfolio
The Dreyfus VIF International Value Portfolio seeks long-term capital growth.
To pursue this goal, the portfolio ordinarily invests most of its assets in
equity securities of foreign issuers which Dreyfus considers to be "value"
companies.
FEDERATED INSURANCE SERIES
Federated Insurance Series is a mutual fund with multiple portfolios. Federated
Investment Management Company is the adviser to the Federated High Income Bond
Fund II and the Federated Utility Fund II. Federated Global Investment
Management Corp. is the adviser to the Federated International Equity Fund II.
The following portfolios are available under the contract:
Federated High Income Bond Fund II
The Federated High Income Bond Fund II's investment objective is to seek high
current income by investing primarily in a professionally managed, diversified
portfolio of fixed income securities. The fund pursues its investment objective
by investing in a diversified portfolio of high-yield, lower-rated corporate
bonds.
Federated Utility Fund II
The Federated Utility Fund II's investment objective is to achieve high current
income and moderate capital appreciation. The fund pursues its investment
objective by investing under normal market conditions, at least 65% of its
assets in equity securities (including convertible securities) of companies that
derive at least 50% of their revenues from the provision of electricity, gas and
telecommunications related services.
Federated International Equity Fund II
The Federated International Equity Fund II's investment objective is to obtain a
total return on its assets. The fund's total return will consist of two
components: (1) changes in the market value of its portfolio securities (both
realized and unrealized appreciation); and (2) income received from its
portfolio securities.
INVESCO VARIABLE INVESTMENT FUNDS, INC. (not available for new sales as of
May 1, 2000)
INVESCO Variable Investment Funds, Inc. is a mutual fund with multiple
portfolios. INVESCO Funds Group, Inc. is the investment adviser for the Fund.
The following portfolios are available under the contract:
INVESCO VIF - Equity Income Fund
The INVESCO VIF - Equity Income Fund's primary goal is high current income,
with growth of capital as a secondary objective. The fund normally invests
at least 65% of its assets in dividend-paying common and preferred stocks,
although in recent years that percentage has been somewhat higher.
INVESCO VIF - High Yield Fund
The INVESCO VIF - High Yield Fund seeks to provide a high level of current
income, with growth of capital as a secondary objective. It invests
substantially all of its assets in lower-rated debt securities, commonly
called "junk bonds" and preferred stock, including securities issued by foreign
companies.
JANUS ASPEN SERIES
Janus Aspen Series is a mutual fund with multiple portfolios. Janus Capital
Corporation is the investment adviser to the fund. The following portfolios
are available under your contract:
Aggressive Growth Portfolio
The Aggressive Growth Portfolio seeks long-term growth of capital. It pursues
its objective by investing primarily in common stocks selected for their growth
potential, and normally invests at least 50% of its equity assets in
medium-sized companies.
Growth Portfolio
The Growth Portfolio seeks long-term growth of capital in a manner consistent
with the preservation of capital. It pursues its objective by investing
primarily in common stocks selected for their growth potential. Although the
Portfolio can invest in companies of any size, it generally invests in larger,
more established companies.
Worldwide Growth Portfolio
The Worldwide Growth Portfolio seeks long-term growth of capital in a manner
consistent with the preservation of capital. It pursues its objective by
investing primarily in common stocks of companies of any size throughout the
world. The portfolio normally invests in issuers from at least five different
countries, including the United States. The portfolio may at times invest in
fewer than five countries or even a single country.
LAZARD RETIREMENT SERIES, INC.
Lazard Retirement Series, Inc. is a mutual fund with multiple portfolios.
Lazard Asset Management serves as the investment manager of the portfolios.
The investment manager is a division of Lazard Freres, a New York limited
liability company, which is registered as an investment adviser with the SEC.
The following portfolios are available under the contract:
Lazard Retirement Equity Portfolio
The Lazard Retirement Equity Portfolio seeks long-term capital appreciation.
The portfolio invests primarily in equity securities, principally common stocks,
of relatively large U.S. companies (those whose total market value is more than
$1 billion) that the investment manager believes are undervalued based on their
earnings, cash flow or asset values.
Lazard Retirement Small Cap Portfolio
The Lazard Retirement Small Cap Portfolio seeks long-term capital appreciation.
The portfolio invests primarily in equity securities, principally common stocks,
of relatively small U.S. companies in the range of the Russell 2000 Index that
the investment manager believes are undervalued based on their earnings, cash
flow or asset values.
LORD ABBETT SERIES FUND, INC.
Lord Abbett Series Fund, Inc. is a mutual fund with multiple portfolios. The
fund's investment adviser is Lord, Abbett & Co. The following portfolio is
available under the contract:
Growth & Income Portfolio
The Growth & Income Portfolio's investment objective is long-term growth of
capital and income without excessive fluctuations in market value.
MITCHELL HUTCHINS SERIES TRUST
Mitchell Hutchins Series Trust is a mutual fund with multiple portfolios.
Mitchell Hutchins Asset Management Inc. is the investment adviser of the fund.
The following portfolio is available under the contract:
Growth and Income Portfolio
The Growth and Income Portfolio's investment objective is current income and
capital growth. The portfolio invests primarily in dividend-paying stocks
of companies that its investment adviser believes have potential for rapid
earnings growth.
NEUBERGER BERMAN ADVISERS MANAGEMENT TRUST
Neuberger Berman Advisers Management Trust is a mutual fund with multiple
portfolios. The fund is managed by Neuberger Berman Management Inc. The
following portfolios are available under the contract:
Limited Maturity Bond Portfolio
The Limited Maturity Bond Portfolio seeks the highest available current
income consistent with liquidity and low risk to principal; total return
is a secondary goal. To pursue these goals, the portfolio invests mainly
in investment-grade bonds and other debt securities from U.S. government
and corporate issuers. These may include mortgage- and asset-backed securities.
Partners Portfolio
The Partners Portfolio seeks growth of capital. To pursue this goal, the
portfolio invests mainly in common stocks of mid- to large-capitalization
companies. The managers look for well-managed companies whose stock prices
are believed to be undervalued.
RYDEX VARIABLE TRUST
Rydex Variable Trust is a mutual fund with multiple portfolios which are
managed by PADCO Advisors II, Inc. The following portfolios are available under
the contract:
OTC Fund
The OTC Fund seeks to provide investment results that correspond to a
benchmark for over-the-counter securities. The Fund's current benchmark
is the NASDAQ 100 Index . The Fund invests principally in securities
of companies included in the NASDAQ 100 Index. It also may invest in
other instruments whose performance is expected to correspond to that
of the Index, and may engage in futures and options transactions.
Nova Fund
The Nova Fund seeks to provide investment returns that correspond to 150%
of the daily performance of the Standard & Poor's 500 Composite Stock Price
Index. Unlike traditional index funds, as its primary investment strategy,
the Fund invests to a significant extent in futures contracts and options on:
securities, futures contracts and stock indexes. On a day-to-day basis, the
Fund holds US government securities to collateralize these futures and
options contracts.
SELIGMAN PORTFOLIOS, INC.
Seligman Portfolios, Inc. is a mutual fund with multiple portfolios which
are managed by J. & W. Seligman & Co. Incorporated. The following portfolios
are available under the contract:
Seligman Communications and Information Portfolio
The Seligman Communications and Information Portfolio seeks capital gain.
The Portfolio invests at least 80% of its net assets, exclusive of government
securities, short-term notes, and cash and cash equivalent, in securities of
companies operating in the communications, information and related industries.
The Portfolio generally invests at least 65% of its total assets in securities
of companies engaged in these industries. The Portfolio may invest in
companies of any size.
Seligman Global Technology Portfolio
The Seligman Global Technology Portfolio seeks long-term capital appreciation.
The Portfolio generally invests at least 65% of its assets in equity
securities of US and non-US companies with business operations in technology
and technology-related industries. The Portfolio may invest in companies of
any size.
STRONG OPPORTUNITY FUND II, INC.
Strong Opportunity Fund II, Inc. is a mutual fund. Strong Capital Management,
Inc. is the investment advisor for the fund. The following portfolio is
available under the contract:
Opportunity Fund II
The Opportunity Fund II seeks capital growth. The fund invests primarily in
stocks of medium-capitalization companies that the fund's manager believes are
underpriced, yet have attractive growth prospects.
STRONG VARIABLE INSURANCE FUNDS, INC.
Strong Variable Insurance Funds, Inc. is a mutual fund. Strong Capital
Management, inc. is the investment advisor for the fund. The following
portfolio is available under the contract:
Mid-Cap Growth Fund II
The Mid-Cap Growth Fund II seeks capital appreciation. The fund invests at
least 65% of its assets in stocks of medium-capitalization companies that the
fund's managers believe have favorable prospects for accelerating growth of
earnings, cash flow, or asset value.
VAN ECK WORLDWIDE INSURANCE TRUST
Van Eck Worldwide Insurance Trust is a mutual fund with multiple portfolios.
Van Eck Associates Corporation serves as investment adviser to the funds. The
following portfolios are available under the contract:
Worldwide Bond Fund
The Worldwide Bond Fund seeks high total return income plus capital appreciation
by investing globally, primarily in a variety of debt securities. The fund's
long-term assets will consist of debt securities rated B or better by Standard &
Poor's or Moody's Investors' Service.
Worldwide Emerging Markets Fund
The Worldwide Emerging Markets Fund seeks long-term capital appreciation by
investing in equity securities in emerging markets around the world. The fund
emphasizes investment in countries that have relatively low gross national
product per capita, as well as the potential for rapid economic growth.
Worldwide Hard Assets Fund
The Worldwide Hard Assets Fund seeks long-term capital appreciation by investing
primarily in "hard asset securities." Income is a secondary consideration.
Worldwide Real Estate Fund
The Worldwide Real Estate Fund seeks a high total return by investing in
equity securities of companies that own significant real estate or that
principally do business in real estate.
- - ------------------------------------------------------------------------------
(cut along dotted line)
- - ------------------------------------------------------------------------------
If you would like a free copy of the Statement of Additional Information
dated May 1, 2000 for this prospectus, please complete this form, detach, and
mail to:
Conseco Variable Insurance Company
Administrative Office
11815 N. Pennsylvania Street
Carmel, Indiana 46032
Gentlemen:
Please send me a free copy of the Statement of Additional Information for the
Conseco Variable Annuity Account G fixed and variable annuity at the following
address:
Name: __________________________________________________________________
Mailing Address: _______________________________________________________
________________________________________________________________________
Sincerely,
___________________________________________________________
(Signature)
Conseco Variable Insurance Company
11815 N. Pennsylvania Street
Carmel, Indiana 46032
(C) 2000, Conseco Variable Insurance Company 05-8318 (5/00)
PART B
STATEMENT OF ADDITIONAL INFORMATION
INDIVIDUAL AND GROUP FIXED AND VARIABLE DEFERRED
ANNUITY CONTRACTS
issued by
CONSECO VARIABLE ANNUITY ACCOUNT G
and
CONSECO VARIABLE INSURANCE COMPANY
THIS IS NOT A PROSPECTUS. THIS STATEMENT OF ADDITIONAL INFORMATION SHOULD BE
READ IN CONJUNCTION WITH THE PROSPECTUS DATED MAY 1, 2000, FOR THE INDIVIDUAL
AND GROUP FIXED AND VARIABLE DEFERRED ANNUITY CONTRACTS WHICH ARE REFERRED TO
HEREIN.
THE PROSPECTUS CONCISELY SETS FORTH INFORMATION THAT A PROSPECTIVE INVESTOR
OUGHT TO KNOW BEFORE INVESTING. FOR A COPY OF THE PROSPECTUS CALL OR WRITE THE
COMPANY AT ITS ADMINISTRATIVE OFFICE: 11815 N. PENNSYLVANIA STREET, CARMEL,
INDIANA 46032 (317) 817-3700.
THIS STATEMENT OF ADDITIONAL INFORMATION IS DATED MAY 1, 2000.
TABLE OF CONTENTS
PAGE
COMPANY.....................................................................
INDEPENDENT ACCOUNTANTS.....................................................
LEGAL OPINIONS..............................................................
DISTRIBUTION................................................................
CALCULATION OF PERFORMANCE INFORMATION......................................
FEDERAL TAX STATUS..........................................................
General...................................................................
Diversification...........................................................
Multiple Contracts........................................................
Partial 1035 Exchanges....................................................
Contracts Owned by Other than Natural Persons.............................
Tax Treatment of Assignments..............................................
Death Benefits............................................................
Income Tax Withholding....................................................
Tax Treatment of Withdrawals - Non-Qualified Contracts....................
Qualified Plans...........................................................
Tax Treatment of Withdrawals - Qualified Contracts........................
Tax-Sheltered Annuities - Withdrawal Limitations..........................
Mandatory Distributions - Qualified Plans.................................
ANNUITY PROVISIONS..........................................................
Variable Annuity Payout...................................................
Annuity Unit..............................................................
Fixed Annuity Payout......................................................
FINANCIAL STATEMENTS........................................................
COMPANY
Information regarding Conseco Variable Insurance Company ("Company" or
"Conseco Variable") and its ownership is contained in the prospectus. On October
7, 1998, the Company changed its name from Great American Reserve Insurance
Company to its present name.
INDEPENDENT ACCOUNTANTS
The financial statements of Conseco Variable as of December 31, 1999 and
1998, and for the years ended December 31, 1999, 1998 and 1997 included in the
prospectus, have been audited by PricewaterhouseCoopers LLP, 2900 One American
Square, Indianapolis, Indiana 46282, independent accountants, as set forth in
their report appearing therein, and have been so included in reliance upon the
report of such firm given upon their authority as experts in accounting and
auditing.
LEGAL OPINIONS
Blazzard, Grodd & Hasenauer, P.C., Westport, Connecticut has provided
advice on certain matters relating to the federal securities and income tax laws
in connection with the Contracts.
DISTRIBUTOR
Conseco Equity Sales, Inc., an affiliate of the Company, acts as the
distributor. The offering is on a continuous basis.
CALCULATION OF PERFORMANCE INFORMATION
From time to time, we may advertise performance data. Such data will show
the percentage change in the value of an Accumulation Unit based on the
performance of an investment portfolio over a period of time, usually a calendar
year, determined by dividing the increase (decrease) in value for that unit by
the Accumulation Unit value at the beginning of the period.
Any such advertisement will include standardized average annual total
return figures for the time periods indicated in the advertisement. Such total
return figures will reflect the deduction of a 1.15% Mortality and Expense Risk
Charge, a .15% Administrative Charge, the expenses for the underlying investment
portfolio being advertised and any applicable Contract Maintenance Charges.
The hypothetical value of a Contract purchased for the time periods
described in the advertisement will be determined by using the actual
Accumulation Unit values for an initial $1,000 purchase payment, and deducting
any applicable Contract Maintenance Charges to arrive at the ending hypothetical
value. The average annual total return is then determined by computing the fixed
interest rate that a $1,000 purchase payment would have to earn annually,
compounded annually, to grow to the hypothetical value at the end of the time
periods described. The formula used in these calculations is:
P (1 + T)^n = ERV
Where:
P = a hypothetical initial payment of $1,000
T = average annual total return
n = number of years
ERV = ending redeemable value at the end of the time periods used (or
fractional portion thereof) of a hypothetical $1,000 payment made at the
beginning of the time periods used.
The Company may also advertise performance data which will be calculated in
the same manner as described above but which will not reflect the deduction of
any Contract Maintenance Charge. The deduction of any Contract Maintenance
Charge would reduce any percentage increase or make greater any percentage
decrease.
You should note that the investment results of each investment portfolio
will fluctuate over time, and any presentation of the investment portfolio's
total return for any period should not be considered as a representation of what
an investment may earn or what your total return may be in any future period.
Performance Information
The Contracts are relatively new. However, certain corresponding Portfolios
have been in existence for some time and consequently have investment
performance history. In order to demonstrate how the actual investment
experience of the Portfolios affects Accumulation Unit values, the Company has
developed performance information. The information is based upon the historical
experience of the Portfolios and is for the periods shown.
Future performance of the portfolios will vary and the results shown are not
necessarily representative of future results. Performance for periods ending
after those shown may vary substantially from the examples shown. The
performance of the portfolios is calculated for a specified period of time by
assuming an initial purchase payment of $1,000 allocated to the portfolio.
The percentage increases (decreases) are determined by subtracting the initial
purchase payment from the ending value and dividing the remainder by the
beginning value.
The following charts reflect performance information for the investment
portfolios of the Separate Account for the periods shown. Chart 1 reflects
performance information commencing from the date the Separate Account first
invested in the portfolio. Chart 2 reflects performance information
commencing from the inception date of the underlying portfolio (which date
may precede the inception date that the Separate Account first invested in
the underlying portfolio). For Chart 1, Column A is standardized average
annual total return which reflects the deduction of the insurance charges,
contract maintenance charge and the fees and expenses of the portfolios;
Column B reflects the deduction of the insurance charges and the fees and
expenses of the portfolios. For Chart 2, the performance reflects the
deduction of the insurance charges, contract maintenance charges and the
fees and expenses of the portfolio.
Performance is not shown in Chart 1 for the Conseco 20 Focus Portfolio,
High Yield Portfolio, Berger IPT-New Generation Fund, OTC Fund, Nova Fund,
Seligman Communications and Information Portfolio and the Seligman Global
Technology Portfolio because they were not available under the Contract
until the date of this prospectus.
Performance is not shown in Chart 2 for the Conseco 20 Focus Portfolio,
High Yield Portfolio and Berger IPT-New Generation Fund because the
Portfolios commenced operations on May 1, 2000.
Performance shown in Chart 2 for the Seligman Communications and Information
Portfolio and the Seligman Global Technology Portfolio does not reflect the
12b-1 fees these portfolios will incur beginning May 1, 2000. The imposition
of 12b-1 fees will reduce future performance.
<TABLE>
<CAPTION>
Chart 1: TOTAL RETURN FOR THE PERIODS ENDED DECEMBER 31, 1999:
Separate Account
Inception Column A Column B
Date in 10 yrs/ 10 yrs/
Portfolio 1 yr 3 yrs 5 yrs since 1 yr 3 yrs 5 yrs since
inception inception
---------------------------------------------------------------------------------------------------
CONSECO SERIES TRUST
<S> <C> <C> <C> <C> <C>
Balanced Portfolio 5/1/97 29.08% N/A N/A 22.11% 29.17% N/A
Equity Portfolio 5/1/97 47.26% N/A N/A 33.75% 47.35% N/A
Fixed Income Portfolio 5/1/97 (1.75%)N/A N/A 3.73% (1.68%) N/A
Government Securities Portfolio 5/1/97 (3.80%)N/A N/A 2.94% (3.73%) N/A
Money Market Portfolio 5/1/97
THE ALGER AMERICAN FUND
Alger American Growth Portfolio 5/1/97 31.63% N/A N/A 36.99% 32.02% N/A
Alger American Leveraged AllCap Portfolio 5/1/97 75.97% N/A N/A 55.72% 75.77% N/A
Alger American MidCap Growth Portfolio 5/1/97 30.06% N/A N/A 29.68% 30.15% N/A
Alger American Small Capitalization Portfolio 5/1/97 41.48% N/A N/A 30.49% 41.57% N/A
AMERICAN CENTURY VARIABLE PORTFOLIOS, INC.
VP Income & Growth 5/1/98 16.42% N/A N/A 14.88% 16.50% N/A
VP International 5/1/98 61.84% N/A N/A 31.07% 61.93% N/A
VP Value 5/1/98 (2.20%)N/A N/A (5.39%) (2.13%)N/A
BERGER INSTITUTIONAL PRODUCTS TRUST
Berger IPT--Growth Fund 5/1/98 47.12% N/A N/A 23.81% 47.21% N/A
Berger IPT--Growth and Income Fund 5/1/98 56.91% N/A N/A 40.03% 57.00% N/A
Berger IPT--Small Company Growth Fund 5/1/98 88.88% N/A N/A 35.84% 88.98% N/A
Berger/BIAM IPT--International Fund 5/1/98 29.63% N/A N/A 16.76% 29.71% N/A
THE DREYFUS SOCIALLY RESPONSIBLE GROWTH FUND,INC. 5/1/98 28.32% N/A N/A 23.45% 28.40% N/A
DREYFUS STOCK INDEX FUND 5/1/98 18.97% N/A N/A 17.26% 19.05% N/A
DREYFUS VARIABLE INVESTMENT FUND
Dreyfus VIF Disciplined Stock Portfolio 5/1/98 16.84% N/A N/A 14.49% 16.92% N/A
Dreyfus VIF International Value Portfolio 5/1/98 26.09% N/A N/A 10.89% 26.17% N/A
FEDERATED INSURANCE SERIES
Federated High Income Bond Fund II 5/1/98 .91% N/A N/A (0.61%) .98% N/A
Federated Utility Fund II 5/1/98 .31% N/A N/A 5.55% .38% N/A
Federated International Equity Fund II 5/1/97 82.40% N/A N/A 40.16% 82.50% N/A
INVESCO VARIABLE INVESTMENT FUNDS, INC.
INVESCO VIF - High Yield Fund 5/1/97 7.71% N/A N/A 7.90% 7.79% N/A
INVESCO VIF - Equity Income Fund 5/1/97 13.28% N/A N/A 18.02% 13.36% N/A
JANUS ASPEN SERIES
Aggressive Growth Portfolio 5/1/98 122.38% N/A N/A 77.19% 122.50% N/A
Growth Portfolio 5/1/98 42.04% N/A N/A 34.61% 42.13% N/A
Worldwide Growth Portfolio 5/1/98 62.24% N/A N/A 37.65% 62.33% N/A
LAZARD RETIREMENT SERIES, INC.
Lazard Retirement Equity Portfolio 5/1/98 6.69% N/A N/A 7.42% 6.77% N/A
Lazard Retirement Small Cap Portfolio 5/1/98 3.70% N/A N/A (6.87%) 3.77% N/A
LORD ABBETT SERIES FUND, INC.
Growth & Income Portfolio 5/1/97 15.16% N/A N/A 16.23% 15.24% N/A
MITCHELL HUTCHINS SERIES TRUST
Growth and Income Portfolio 5/1/98 8.83% N/A N/A 4.62% 8.91% N/A
NEUBERGER BERMAN ADVISERS MANAGEMENT TRUST
Limited Maturity Bond Portfolio 5/1/98 .09% N/A N/A 1.05% .17% N/A
Partners Portfolio 5/1/98 5.91% N/A N/A (1.01%) 5.98% N/A
STRONG OPPORTUNITY FUND II, INC.
Opportunity Fund II 5/1/98 33.08% N/A N/A 15.42% 33.17% N/A
STRONG VARIABLE INSURANCE FUNDS, INC.
Strong MidCap Growth Fund II 5/1/98 87.33% N/A N/A 58.59% 87.43% N/A
VAN ECK WORLDWIDE INSURANCE TRUST
Worldwide Bond Fund 5/1/98 (9.08%)N/A N/A (0.79%) (9.01%)N/A
Worldwide Emerging Markets Fund 5/1/97 97.60% N/A N/A 1.28% 97.70% N/A
Worldwide Hard Assets Fund 5/1/97 19.36% N/A N/A (5.84%) 19.44% N/A
Worldwide Real Estate Trust 5/1/98 (3.36%)N/A N/A (10.96%) (3.28%) N/A
</TABLE>
N/A 22.14%
N/A 33.78%
N/A 3.75%
N/A 2.97%
N/A 37.01%
N/A 55.75%
N/A 29.71%
N/A 30.51%
N/A 14.90%
N/A 31.10%
N/A (5.37%)
N/A 23.84%
N/A 40.06%
N/A 35.87%
N/A 16.79%
N/A 23.48%
N/A 17.28%
N/A 14.51%
N/A 10.91%
N/A (0.59%)
N/A 5.57%
N/A 40.20%
N/A 7.93%
N/A 18.05%
N/A 77.22%
N/A 34.63%
N/A 37.68%
N/A 7.44%
N/A (6.85%)
N/A 16.25%
N/A 4.64%
N/A 1.08%
N/A (0.98%)
N/A 15.45%
N/A 58.62%
N/A (0.77%)
N/A 1.32%
N/A (5.81%)
N/A (10.94%)
<TABLE>
<CAPTION>
Chart 2: TOTAL RETURN FOR THE PERIODS ENDED DECEMBER 31, 1999:
Portfolio 10 yrs/
Inception Date 1 yr 3 yrs 5 yrs since
inception
---------------------------------------------------------------------------------------------------
CONSECO SERIES TRUST
<S> <C> <C> <C> <C> <C>
Balanced Portfolio 07/25/94 29.16% 11.38% 12.79%
Equity Portfolio 07/25/94 47.35% 25.30% 24.81%
Fixed Income Portfolio 07/25/94 (1.68%) 3.58% 5.32%
Government Securities Portfolio 07/25/94 (3.73%) 2.97% 5.23%
Money Market Portfolio 07/25/94 3.53% 2.95% 1.39%
THE ALGER AMERICAN FUND
Alger American Growth Portfolio 12/31/89 32.02% 33.77% 29.19%
Alger American Leveraged AllCap Portfolio 01/25/95 75.77% 48.09% N/A
Alger American MidCap Growth Portfolio 05/03/93 30.15% 23.84% 24.44%
Alger American Small Capitalization Portfolio 12/31/89 41.57% 21.14% 21.23%
AMERICAN CENTURY VARIABLE PORTFOLIOS, INC.
VP Income & Growth 02/06/98 16.50% N/A N/A
VP International 05/02/94 61.93% 30.68% 22.94%
VP Value 05/01/96 (2.13%) 8.44% N/A
BERGER INSTITUTIONAL PRODUCTS TRUST
Berger IPT--Growth Fund 05/01/96 47.21% 23.99% N/A
Berger IPT--Growth and Income Fund 05/01/97 57.00% N/A N/A
Berger IPT--Small Company Growth Fund 05/01/96 88.98% 31.74% N/A
Berger IPT - New Generation Fund *Fund Inception Date 05/01/2000
Berger/BIAM IPT--International Fund 04/30/97 29.71% N/A N/A
THE DREYFUS SOCIALLY RESPONSIBLE GROWTH FUND, INC. 10/07/93 28.40% 27.68% 27.24%
DREYFUS STOCK INDEX FUND 12/31/89 19.05% 25.68% 26.45%
DREYFUS VARIABLE INVESTMENT FUND
Dreyfus VIF Disciplined Stock Portfolio 04/30/96 16.92% 20.88% N/A
Dreyfus VIF International Value Portfolio 05/01/96 26.17% 11.71% N/A
FEDERATED INSURANCE SERIES
Federated High Income Bond Fund II 03/01/94 0.98% 4.94% 9.07%
Federated Utility Fund II 02/10/94 0.38% 12.32% 13.82%
Federated International Equity Fund II 05/08/95 82.50% 35.03% N/A
INVESCO VARIABLE INVESTMENT FUNDS, INC.
INVESCO VIF - High Yield Fund 05/27/94 7.79% 8.64% 8.15%
INVESCO VIF - Equity Income Fund 08/10/94 13.36% 17.81% 17.89%
JANUS ASPEN SERIES
Aggressive Growth Portfolio 09/13/93 122.50% 48.78% 34.75%
Growth Portfolio 09/13/93 42.13% 36.42% 35.24%
Worldwide Growth Portfolio 09/13/93 62.33% 35.75% 32.14%
LAZARD RETIREMENT SERIES, INC.
Lazard Retirement Equity Portfolio 03/19/98 6.77% N/A N/A
Lazard Retirement Small Cap Portfolio 11/04/97 3.77% N/A N/A
LORD ABBETT SERIES FUND, INC.
Growth & Income Portfolio 12/31/89 15.24% 16.52% 19.17%
MITCHELL HUTCHINS SERIES TRUST
Growth and Income Portfolio 02/06/98 8.91% N/A N/A
NEUBERGER BERMAN ADVISERS MANAGEMENT TRUST
Limited Maturity Bond Portfolio 12/31/89 0.17% 2.97% 4.37%
Partners Portfolio 03/22/94 5.98% 8.83% 17.44%
RYDEX VARIABLE TRUST
OTC Fund 10/25/96 97.48% 55.57% N/A
Nova Fund 10/25/96 21.02% 23.26% N/A
SELIGMAN PORTFOLIOS, INC.
Seligman Communications and Information Portfolio 10/13/94 50.95% 19.72% 18.66%
Seligman Global Technology Portfolio 05/02/96 92.87% 36.18% N/A
STRONG OPPORTUNITY FUND II, INC.
Opportunity Fund II 05/08/92 33.17% 23.02% 25.50%
STRONG VARIABLE INSURANCE FUNDS, INC.
Strong MidCap Growth Fund II 12/31/96 87.43% 45.31% N/A
VAN ECK WORLDWIDE INSURANCE TRUST
Worldwide Bond Fund 12/31/89 (9.01%) 0.93% 3.93%
Worldwide Emerging Markets Fund 12/27/95 97.70% 3.89% N/A
Worldwide Hard Assets Fund 12/31/89 19.44% (10.77%) (1.82%)
Worldwide Real Estate Trust 02/06/98 (3.28%) N/A N/A
</TABLE>
13.98%
25.55%
4.68%
6.13%
1.27%
21.22%
45.03%
23.35%
16.95%
20.06%
22.46%
17.02%
20.79%
39.48%
25.51%
14.30%
24.86%
18.58%
22.05%
10.24%
8.55%
12.43%
24.35%
8.65%
16.79%
35.78%
31.30%
31.26%
9.12%
(1.18%)
14.76%
10.61%
7.00%
15.98%
51.88%
21.82%
18.93%
30.33%
25.52%
45.31%
7.40%
8.57%
3.79%
(9.24%)
HISTORICAL UNIT VALUES
The Company may also show historical Accumulation Unit values in certain
advertisements containing illustrations. These illustrations will be based on
actual Accumulation Unit values.
In addition, the Company may distribute sales literature which compares the
percentage change in Accumulation Unit values for any of the investment
portfolios against established market indices such as the Standard & Poor's 500
Composite Stock Price Index, the Dow Jones Industrial Average or other
management investment companies which have investment objectives similar to the
investment portfolio being compared. The Standard & Poor's 500 Composite Stock
Price Index is an unmanaged, unweighted average of 500 stocks, the majority of
which are listed on the New York Stock Exchange. The Dow Jones Industrial
Average is an unmanaged, weighted average of thirty blue chip industrial
corporations listed on the New York Stock Exchange. Both the Standard & Poor's
500 Composite Stock Price Index and the Dow Jones Industrial Average assume
quarterly reinvestment of dividends.
REPORTING AGENCIES
The Company may also distribute sales literature which compares the
performance of the Accumulation Unit values of the Contracts with the unit
values of variable annuities issued by other insurance companies. Such
information will be derived from the Lipper Variable Insurance Products
Performance Analysis Service, the VARDS Report or from Morningstar.
The Lipper Variable Insurance Products Performance Analysis Service is
published by Lipper Analytical Services, Inc., a publisher of statistical data
which currently tracks the performance of almost 4,000 investment companies. The
rankings compiled by Lipper may or may not reflect the deduction of asset-based
insurance charges. The Company's sales literature utilizing these rankings will
indicate whether or not such charges have been deducted. Where the charges have
not been deducted, the sales literature will indicate that if the charges had
been deducted, the ranking might have been lower.
The VARDS Report is a monthly variable annuity industry analysis compiled by
Variable Annuity Research & Data Service of Roswell, Georgia and published by
Financial Planning Resources, Inc. The VARDS rankings may or may not reflect the
deduction of asset-based insurance charges. In addition, VARDS prepares risk
adjusted rankings, which consider the effects of market risk on total return
performance. This type of ranking may address the question as to which funds
provide the highest total return with the least amount of risk. Other ranking
services may be used as sources of performance comparison, such as
CDA/Weisenberger.
Morningstar rates a variable annuity against its peers with similar
investment objectives. Morningstar does not rate any variable annuity that has
less than three years of performance data.
FEDERAL TAX STATUS
NOTE: THE FOLLOWING DESCRIPTION IS BASED UPON THE COMPANY'S
UNDERSTANDING OF CURRENT FEDERAL INCOME TAX LAW APPLICABLE TO ANNUITIES IN
GENERAL. THE COMPANY CANNOT PREDICT THE PROBABILITY THAT ANY CHANGES IN SUCH
LAWS WILL BE MADE. PURCHASERS ARE CAUTIONED TO SEEK COMPETENT TAX ADVICE
REGARDING THE POSSIBILITY OF SUCH CHANGES. THE COMPANY DOES NOT GUARANTEE THE
TAX STATUS OF THE CONTRACTS. PURCHASERS BEAR THE COMPLETE RISK THAT THE
CONTRACTS MAY NOT BE TREATED AS "ANNUITY CONTRACTS" UNDER FEDERAL INCOME TAX
LAWS. IT SHOULD BE FURTHER UNDERSTOOD THAT THE FOLLOWING DISCUSSION IS NOT
EXHAUSTIVE AND THAT SPECIAL RULES NOT DESCRIBED HEREIN MAY BE APPLICABLE IN
CERTAIN SITUATIONS. MOREOVER, NO ATTEMPT HAS BEEN MADE TO CONSIDER ANY
APPLICABLE STATE OR OTHER TAX LAWS.
GENERAL
Section 72 of the Internal Revenue Code of 1986, as amended ("Code")
governs taxation of annuities in general. An Owner is not taxed on increases in
the value of a Contract until distribution occurs, either in the form of a lump
sum payment or as annuity payments under the annuity option selected. For a lump
sum payment received as a total withdrawal (total surrender), the recipient is
taxed on the portion of the payment that exceeds the cost basis of the Contract.
For non-qualified Contracts, this cost basis is generally the purchase payments,
while for qualified Contracts there may be no cost basis. The taxable portion of
the lump sum payment is taxed at ordinary income tax rates.
For annuity payments, a portion of each payment in excess of an
exclusion amount is includible in taxable income. The exclusion amount for
payments based on a fixed annuity option is determined by multiplying the
payment by the ratio that the cost basis of the Contract (adjusted for any
period or refund feature) bears to the expected return under the Contract. The
exclusion amount for payments based on a variable annuity option is determined
by dividing the cost basis of the Contract (adjusted for any period certain or
refund guarantee) by the number of years over which the annuity is expected to
be paid. Payments received after the investment in the Contract has been
recovered (i.e. when the total of the excludable amount equals the investment in
the Contract) are fully taxable. The taxable portion is taxed at ordinary income
tax rates. For certain types of Qualified Plans there may be no cost basis in
the Contract within the meaning of Section 72 of the Code.
Owners, annuitants and beneficiaries under the Contracts should seek competent
financial advice about the tax consequences of any distributions.
The Company is taxed as a life insurance company under the Code. For
federal income tax purposes, the Separate Account is not a separate entity from
the Company, and its operations form a part of the Company.
DIVERSIFICATION
Section 817(h) of the Code imposes certain diversification standards on
the underlying assets of variable annuity contracts. The Code provides that a
variable annuity contract will not be treated as an annuity contract for any
period (and any subsequent period) for which the investments are not, in
accordance with regulations prescribed by the United States Treasury Department
("Treasury Department"), adequately diversified. Disqualification of the
Contract as an annuity contract would result in the imposition of federal income
tax to the Owner with respect to earnings allocable to the Contract prior to the
receipt of payments under the Contract. The Code contains a safe harbor
provision which provides that annuity contracts such as the Contract meet the
diversification requirements if, as of the end of each quarter, the underlying
assets meet the diversification standards for a regulated investment company and
no more than fifty-five percent (55%) of the total assets consist of cash, cash
items, U.S. Government securities and securities of other regulated investment
companies.
Regulation issued by the Treasury Department ("the Regulations")
amplify the diversification requirements for variable contracts set forth in the
Code and provide an alternative to the safe harbor provision described above.
Under the Regulations, an investment portfolio will be deemed adequately
diversified if: (1) no more than 55% of the value of the total assets of the
portfolio is represented by any one investment; (2) no more than 70% of the
value of the total assets of the portfolio is represented by any two
investments; (3) no more than 80% of the value of the total assets of the
portfolio is represented by any three investments; and (4) no more than 90% of
the value of the total assets of the portfolio is represented by any four
investments.
The Code provides that, for purposes of determining whether or not the
diversification standards imposed on the underlying assets of variable contracts
by Section 817(h) of the Code have been met, "each United States government
agency or instrumentality shall be treated as a separate issuer."
The Company intends that all investment portfolios underlying the
Contracts will be managed in such a manner as to comply with these
diversification requirements.
The Treasury Department has indicated that the diversification
Regulations do not provide guidance regarding the circumstances in which Owner
control of the investments of the Separate Account will cause the Owner to be
treated as the owner of the assets of the Separate Account, thereby resulting in
the loss of favorable tax treatment for the Contract. At this time it cannot be
determined whether additional guidance will be provided and what standards may
be contained in such guidance.
The amount of Owner control which may be exercised under the Contract is
different in some respects from the situations addressed in published rulings
issued by the Internal Revenue Service in which it was held that the policy
owner was not the owner of the assets of the separate account. It is unknown
whether these differences, such as the Owner's ability to transfer among
investment choices or the number and type of investment choices available, would
cause the Owner to be considered as the owner of the assets of the Separate
Account resulting in the imposition of federal income tax to the Owner with
respect to earnings allocable to the Contract prior to receipt of payments under
the Contract.
In the event any forthcoming guidance or ruling is considered to set
forth a new position, such guidance or ruling will generally be applied only
prospectively. However, if such ruling or guidance was not considered to set
forth a new position, it may be applied retroactively resulting in the Owners
being retroactively determined to be the owners of the assets of the Separate
Account.
Due to the uncertainty in this area, the Company reserves the right to
modify the Contract in an attempt to maintain favorable tax treatment.
MULTIPLE CONTRACTS
The Code provides that multiple non-qualified annuity contracts which
are issued within a calendar year to the same contract owner by one company or
its affiliates are treated as one annuity contract for purposes of determining
the tax consequences of any distribution. Such treatment may result in adverse
tax consequences including more rapid taxation of the distributed amounts from
such combination of contracts. For purposes of this rule, contracts received in
a Section 1035 exchange will be considered issued in the year of the exchange.
Owners should consult a tax adviser prior to purchasing more than one
non-qualified annuity contract in any calendar year.
PARTIAL 1035 EXCHANGES
Section 1035 of the Code provides that an annuity contract may be exchanged in
a tax-free transaction for another annuity contract. In 1998 in CONWAY VS.
COMMISSIONER, the Tax Court held that the direct transfer of a portion of
an annuity contract into another annuity contract qualified as a non-taxable
exchange. On November 22, 1999, the Internal Revenue Service filed an Action
on Decision which indicated that it acquiesced in the Tax Court decision in
CONWAY. However, in its acquiesence with the decision of the Tax Court, the
Internal Revenue Service stated that it will challenge transactions where
taxpayers enter into a series of partial exchanges and annuitizations as part
of a design to avoid application of the 10% premature distribution penalty or
other limitations imposed on annuity contracts under the Code. In the absence
of further guidance from the Internal Revenue Service it is unclear what
specific types of partial exchange designs and transactions will be challenged
by the Internal Revenue Service. Due to the uncertainty in this area, owners
should consult their own tax advisers prior to entering into a partial exchange
of an annuity contract
CONTRACTS OWNED BY OTHER THAN NATURAL PERSONS
Under Section 72(u) of the Code, the investment earnings on premiums
for the Contracts will be taxed currently to the Owner if the Owner is a
non-natural person, e.g., a corporation or certain other entities. Such
Contracts generally will not be treated as annuities for federal income tax
purposes. However, this treatment is not applied to a Contract held by a trust
or other entity as an agent for a natural person nor to Contracts held by
Qualified Plans. Purchasers should consult their own tax counsel or other tax
adviser before purchasing a Contract to be owned by a non-natural person.
TAX TREATMENT OF ASSIGNMENTS
An assignment or pledge of a Contract may be a taxable event. You
should therefore consult competent tax advisers should you wish to assign or
pledge your Contracts.
If the Contract is issued pursuant to a retirement plan which receives
favorable treatment under the provision of Sections 403(b) or 408 of the Code,
it may not be assigned, pledged or otherwise transferred except as allowed under
applicable law.
DEATH BENEFITS
Any death benefits paid under the Contract are taxable to the
beneficiary. The rules governing the taxation of payments from an annuity
contract, as discussed above, generally apply to the payment of death
benefits and depend on whether the death benefits are paid as a lump sum or
as annuity payments. Estate taxes may also apply.
INCOME TAX WITHHOLDING
All distributions or the portion thereof which is includible in the gross
income of the Owner are subject to federal income tax withholding. Generally,
amounts are withheld from periodic payments at the same rate as wages and at the
rate of 10% from non-periodic payments. However, the Owner, in many cases, may
elect not to have taxes withheld or to have withholding done at a different
rate.
Certain distributions from retirement plans qualified under Section 401
or Section 403(b) of the Code, which are not directly rolled over to another
eligible retirement plan or individual retirement account or individual
retirement annuity, are subject to a mandatory 20% withholding for federal
income tax. The 20% withholding requirement generally does not apply to: a) a
series of substantially equal payments made at least annually for the life or
life expectancy of the participant or joint and last survivor expectancy of the
participant and a designated beneficiary or for a specified period of 10 years
or more; or b) distributions which are required minimum distributions; or c) the
portion of the distributions not includible in gross income (i.e. returns of
after-tax contributions); or d) hardship withdrawals. Participants should
consult their own tax counsel or other tax adviser regarding withholding
requirements.
TAX TREATMENT OF WITHDRAWALS - NON-QUALIFIED CONTRACTS
Section 72 of the Code governs treatment of distributions from annuity
contracts. It provides that if the Contract Value exceeds the aggregate purchase
payments made, any amount withdrawn will be treated as coming first from the
earnings and then, only after the income portion is exhausted, as coming from
the principal. Withdrawn earnings are includible in gross income. It further
provides that a ten percent (10%) penalty will apply to the income portion of
any premature distribution. However, the penalty is not imposed on amounts
received: (a) after you reach age 59 1/2; (b) after your death; (c) if you
become totally disabled (for this purpose disability is as defined in Section
72(m)(7) of the Code); (d) in a series of substantially equal periodic payments
made not less frequently than annually for your life (or life expectancy) or for
the joint lives (or joint life expectancies) of you and your Beneficiary; (e)
under an immediate annuity; or (f) which are allocable to purchase payments made
prior to August 14, 1982.
With respect to (d) above, if the series of substantially equal
periodic payments is modified before the later of your attaining age 59 1/2 or 5
years from the date of the first periodic payment, then the tax for the year of
the modification is increased by an amount equal to the tax which would have
been imposed (the 10% penalty tax) but for the exception, plus interest for the
tax years in which the exception was used.
The above information does not apply to Qualified Contracts. However,
separate tax withdrawal penalties and restrictions may apply to such Qualified
Contracts. (See "Tax Treatment of Withdrawals - Qualified Contracts" below.)
QUALIFIED PLANS
The Contracts offered by the Prospectus are designed to be suitable for use
under certain types of Qualified plans. Generally, participants in a Qualified
plan are not taxed on increases to the value of the contributions to the plan
until distribution occurs, regardless of whether the plan assets are held under
an annuity contract. Taxation of participants in each Qualified plan varies with
the type of plan and terms and conditions of each specific plan. Owners,
Annuitants and Beneficiaries are cautioned that benefits under a Qualified plan
may be subject to the terms and conditions of the plan regardless of the terms
and conditions of the Contract issued pursuant to the plan. Some retirement
plans are subject to distribution and other requirements that are not
incorporated into the Company's administrative procedures. The Company is not
bound by the terms and conditions of such plans to the extent such terms
conflict with the terms of a Contract, unless the Company specifically consents
to be bound. Owners, participants and Beneficiaries are responsible for
determining whether contributions, distributions and other transactions with
respect to the Contracts comply with applicable law.
A Qualified Contract will not provide any necessary or additional tax
deferral if it is used to fund a Qualified plan that is tax deferred. However,
the Contract has features and benefits other than tax deferral that may make it
an appropriate investment for a Qualified plan. The following are general
descriptions of the types of Qualified plans with which the Contracts may be
used. Such descriptions are not exhaustive and are for general informational
purposes only. The tax rules regarding Qualified plans are very complex and will
have differing applications depending on individual facts and circumstances.
Each purchaser should obtain competent tax advice prior to purchasing a Contract
issued under a Qualified plan.
Contracts issued pursuant to Qualified plans include special provisions
restricting Contract provisions that may otherwise be available as described in
the Prospectus. Generally, Contracts issued pursuant to Qualified plans are not
transferable except upon surrender or annuitization. Various penalty and excise
taxes may apply to contributions or distributions made in violation of
applicable limitations. Furthermore, certain withdrawal penalties and
restrictions may apply to surrenders from Qualified Contracts. (See "Tax
Treatment of Withdrawals -- Qualified Contracts")
a. TAX-SHELTERED ANNUITIES
Section 403(b) of the Code permits the purchase of "tax-sheltered
annuities" by public schools and certain charitable, educational and
scientific organizations described in Section 501(c)(3) of the Code. These
qualifying employers may make contributions to the Contracts for the
benefit of their employees. Such contributions are not includible in the
gross income of the employees until the employees receive distributions
from the Contracts. The amount of contributions to the tax-sheltered
annuity is limited to certain maximums imposed by the Code. Furthermore,
the Code sets forth additional restrictions governing such items as
transferability, distributions, nondiscrimination and withdrawals. (See
"Tax Treatment of Withdrawals --Qualified Contracts" and "Tax Sheltered
Annuities -- Withdrawal Limitations" below.) Any employee should obtain
competent tax advice as to the tax treatment and suitability of such an
investment.
b. INDIVIDUAL RETIREMENT ANNUITIES
Section 408(b) of the Code permits eligible individuals to contribute
to an individual retirement program known as an "Individual Retirement
Annuity" ("IRA"). Under applicable limitations, certain amounts may be
contributed to an IRA which will be deductible from the individual's
taxable income. These IRAs are subject to limitations on eligibility,
contributions, transferability and distributions. (See "Tax Treatment of
Withdrawals -- Qualified Contracts" below.) Under certain conditions,
distributions from other IRAs and other Qualified Plans may be rolled over
or transferred on a tax-deferred basis into an IRA. Sales of Contracts for
use with IRAs are subject to special requirements imposed by the Code,
including the requirement that certain informational disclosure be given to
persons desiring to establish an IRA. Purchasers of Contracts to be
qualified as Individual Retirement Annuities should obtain competent tax
advice as to the tax treatment and suitability of such an investment.
ROTH IRAS
Section 408A of the Code provides that beginning in 1998, individuals
may purchase a new type of non-deductible IRA, known as a Roth IRA.
Purchase payments for a Roth IRA are limited to a maximum of $2,000 per
year and are not deductible from taxable income. Lower maximum limitations
apply to individuals with adjusted gross incomes between $95,000 and
$110,000 in the case of single taxpayers, between $150,000 and $160,000 in
the case of married taxpayers filing joint returns, and between $0 and
$10,000 in the case of married taxpayers filing separately. An overall
$2,000 annual limitation continues to apply to all of a taxpayer's IRA
contributions, including Roth IRA and non-Roth IRAs.
Qualified distributions from Roth IRAs are free from federal income
tax. A qualified distribution requires that an individual has held a Roth
IRA for at least five taxable years and, in addition, that the distribution
is made: (i) after the individual reaches age 59 1/2, (ii) on the
individual's death or disability, or (iii) as a qualified first-time home
purchase (subject to a $10,000 lifetime maximum) for the individual, a
spouse, child, grandchild, or ancestor. Any distribution which is not a
qualified distribution is taxable to the extent of earnings in the
distribution. Distributions are treated as made from contributions first
and therefore no distributions are taxable until distributions exceed the
amount of contributions and conversions to the Roth IRA. The 10% penalty
tax and the regular IRA exceptions to the 10% penalty tax apply to taxable
distributions from a Roth IRA.
Amounts may be rolled over from one Roth IRA to another Roth IRA.
Furthermore, an individual may make a rollover contribution from a non-Roth IRA
to a Roth IRA ("conversion deposits"), unless the individual has adjusted gross
income over $100,000 or the individual is a married taxpayer filing a separate
return. The individual must pay tax on any portion of the IRA being rolled over
that represents income or a previously deductible IRA contribution. However, for
rollovers in 1998, the individual may pay that tax ratably over the four taxable
year period beginning with tax year 1998. In addition, distribution of amounts
attributable to conversion deposits held for less than 5 taxable years will also
be subject to the penalty tax.
Purchasers of Contracts intended to be qualified as a Roth IRA should
obtain competent tax advice as to the tax treatment and suitability of such an
investment.
TAX TREATMENT OF WITHDRAWALS -- QUALIFIED CONTRACTS
In the case of a withdrawal under a Qualified Contract, a ratable portion
of the amount received is taxable, generally based on the ratio of (i) the
individual's cost basis to (ii) the individual's total accrued benefit under the
retirement plan. Special tax rules may be available for certain distributions
from a Qualified Contract. Section 72(t) of the Code imposes a 10% penalty tax
on the taxable portion of any distribution from qualified retirement plans,
including Contracts issued and qualified under Code Sections 403(b)
(Tax-Sheltered Annuities) and 408 and 408A (Individual Retirement Annuities). To
the extent amounts are not includible in gross income because they have been
rolled over to an IRA or to another eligible qualified plan, no tax penalty will
be imposed. The tax penalty will not apply to the following distributions: (a)
made on or after the date on which the Owner or Annuitant (as applicable)
reaches age 59 1/2; (b) following the death or disability of the Owner or
Annuitant (as applicable) (for this purpose disability is as defined in Section
72(m)(7) of the Code); (c) after separation from service, distributions that are
part of substantially equal periodic payments made not less frequently than
annually for the life (or life expectancy) of the Owner or Annuitant (as
applicable) or the joint lives (or joint life expectancies) of such Owner or
Annuitant (as applicable) and his or her designated Beneficiary; (d) to an Owner
or Annuitant (as applicable) who has separated from service after he or she has
attained age 55; (e) made to the Owner or Annuitant (as applicable) to the
extent such distributions do not exceed the amount allowable as a deduction
under Code Section 213 to the Owner or Annuitant (as applicable) for amounts
paid during the taxable year for medical care; (f) made to an alternate payee
pursuant to a Qualified Domestic Relations Order; (g) made on account of an IRS
levy upon the qualified contract, (h) from an Individual Retirement Annuity for
the purchase of medical insurance (as described in Section 213(d)(1)(D) of the
Code) for the Owner or Annuitant (as applicable) and his or her spouse and
dependents if the Owner or Annuitant (as applicable) has received unemployment
compensation for at least 12 weeks (this exception will no longer apply after
the Owner or Annuitant (as applicable) has been re-employed for at least 60
days); (i) from an Individual Retirement Annuity made to the Owner or Annuitant
(as applicable) to the extent such distributions do not exceed the qualified
higher education expenses (as defined in Section 72(t)(7) of the Code) of the
Owner or Annuitant (as applicable) for the taxable year; and (j) distributions
up to $10,000 from an Individual Retirement Annuity made to the Owner or
Annuitant (as applicable) which are qualified first-time home buyer
distributions (as defined in Section 72(t)(8) of the Code). The exceptions
stated in (d) and (f) above do not apply in the case of an Individual Retirement
Annuity. The exception stated in (c) above applies to an Individual Retirement
Annuity without the requirement that there be a separation from service. With
respect to (c) above, if the series of substantially equal periodic payments is
modified before the later of your attaining age 59 1/2 or 5 years from the date
of the first periodic payment, then the tax for the year of the modification is
increased by an amount equal to the tax which would have been imposed (the 10%
penalty tax) but for the exception, plus interest for the tax years in which the
exception was used.
TAX-SHELTERED ANNUITIES -- WITHDRAWAL LIMITATIONS
The Code limits the withdrawal of amounts attributable to contributions
made pursuant to a salary reduction agreement (as defined in Section 403(b)(11)
of the Code) to circumstances only on or after when the Owner: (1) attains age
59 1/2; (2) separates from service; (3) dies; (4) becomes disabled (within the
meaning of Section 72(m)(7) of the Code); (5) in the case of hardship; or (6)
pursuant to a qualified domestic relations order, if otherwise permissible.
However, withdrawals for hardship are restricted to the portion of the Owner's
Contract Value which represents contributions made by the Owner and does not
include any investment results. The limitations on withdrawals became effective
on January 1, 1989 and apply only to salary reduction contributions made after
December 31, 1988, to income attributable to such contributions and to income
attributable to amounts held as if December 31, 1988. The limitations on
withdrawals do not affect transfers between certain Qualified Plans. Owners
should consult their own tax counsel or other tax adviser regarding any
distributions.
MANDATORY DISTRIBUTIONS - QUALIFIED PLANS
Generally, distributions from a qualified plan must commence no later
than April 1 of the calendar year following the later of: (a) the year in which
the employee attains age 70 1/2, or (b) the calendar year in which the employee
retires. The date set forth in (b) does not apply to an Individual Retirement
Annuity. There are no mandatory distribution requirements for Roth IRAs prior
to death. Required distributions must be over a period not exceeding the life
expectancy of the individual or the joint lives or life expectancies of the
individual and his or her designated beneficiary. If the required minimum
distributions are not made, a 50% penalty tax is imposed as to the amount not
distributed.
ANNUITY PROVISIONS
The Company makes available payment plans on a fixed and variable basis.
VARIABLE ANNUITY PAYOUT
A variable annuity is an annuity with payments which: (1) are not
predetermined as to dollar amount; and (2) will vary in amount with the net
investment results of the applicable Sub-Accounts of the Separate Account.
Annuity payments also depend upon the age of the Annuitant and any Joint
Annuitant and the assumed interest factor utilized. The annuity table used will
depend upon the Annuity Option chosen. The dollar amount of annuity payments
after the first is determined as follows:
1. The dollar amount of the first variable annuity payment is divided by the
value of an Annuity Unit for each applicable Sub-Account as of the annuity date.
This sets the number of Annuity Units for each monthly payment for the
applicable Sub-Account.
2. The fixed number of Annuity Units per payment in each Sub-Account is
multiplied by the Annuity Unit value for that Sub-Account for the last valuation
period of the month preceding the month for which the payment is due. This
result is the dollar amount of the payment for each applicable Sub-Account.
The total dollar amount of each variable annuity payment is the sum of all
Sub-Account variable annuity payments reduced by the applicable portion of the
Contract Maintenance Charge.
The calculation of the first annuity payment is made on the annuity date.
The Company assesses the insurance charges during both the accumulation phase
and the annuity phase. The deduction of the insurance charges will affect the
amount of the first and any subsequent annuity payments. In addition, the
Company assesses the contract maintenance charge on the annuity date which would
affect the amount of the first annuity payment (see "Expenses" and "Annuity
Payments" in the prospectus).
ANNUITY UNIT
The value of any Annuity Unit for each Sub-Account of the Separate Account
was arbitrarily set initially at $10.
The Sub-Account Annuity Unit Value at the end of any subsequent valuation
period is determined as follows:
1. The Net Investment Factor for the current valuation period is multiplied
by the value of the Annuity Unit for the Sub-Account for the immediately
preceding valuation period.
2. The result in (1) is then divided by the assumed investment rate factor
which equals 1.00 plus the assumed investment rate for the number of days since
the preceding valuation date. The Owner can choose either a 5% or a 3% assumed
investment rate.
FIXED ANNUITY PAYOUT
A fixed annuity is an annuity with payments which are guaranteed as to dollar
amount by the Company and do not vary with the investment experience of the
Separate Account. The dollar amount of each fixed annuity payment is determined
in accordance with annuity tables contained in your Contract.
FINANCIAL STATEMENTS
The financial statements of the Company included in this Statement of
Additional Information should be considered only as bearing upon the ability of
the Company to meet its obligations under the Contracts.
CONSECO VARIABLE ANNUITY ACCOUNT G
STATEMENT OF ASSETS AND LIABILITIES
DECEMBER 31, 1999
<TABLE>
<CAPTION>
===================================================================================================
NET ASSET
SHARES COST VALUE
- ---------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
Assets:
Investments in portfolio shares, at net asset value (Note 2):
The Alger American Fund:
Growth Portfolio...................................... 5,917.2 $ 358,923 $ 380,947
Leveraged AllCap Portfolio............................ 9,918.5 433,415 574,978
MidCap Growth Portfolio............................... 5,784.1 161,279 186,420
Small Capitalization Portfolio........................ 896.1 38,845 49,418
American Century Variable Portfolios, Inc.:
Income and Growth Fund................................ 67,354.6 518,365 538,837
International Fund.................................... 44,177.5 551,741 552,219
Value Fund............................................ 14,971.5 93,382 89,080
Berger Institutional Products Trust:
100 Fund.............................................. 2,257.5 40,542 43,389
Growth and Income Fund................................ 29,627.7 615,571 783,652
Small Company Growth Fund............................. 1,664.1 29,586 39,123
BIAM International Fund............................... 189.3 2,286 2,769
Conseco Series Trust:
Balanced Portfolio.................................... 21,123.7 300,043 309,480
Equity Portfolio...................................... 4,072.4 96,084 94,401
Fixed Income Portfolio................................ 9,479.4 91,574 88,969
Government Securities Portfolio....................... 10,559.3 118,700 115,741
Money Market Portfolio................................ 7,999,930.0 7,999,930 7,999,930
Dreyfus Stock Index Fund................................ 13,156.2 487,644 505,855
The Dreyfus Socially Responsible Growth Fund, Inc....... 2,964.7 102,968 115,830
Dreyfus Variable Investment Fund:
Disciplined Stock Portfolio........................... 2,192.8 54,504 59,030
International Value Portfolio......................... 1,691.1 25,964 26,499
Federated Insurance Series:
High Income Bond Fund II.............................. 15,797.0 162,085 161,761
International Equity Fund II.......................... 347.9 6,904 9,616
Utility Fund II....................................... 2,006.2 29,044 28,790
Invesco Variable Investment Funds, Inc.:
Equity Income Fund.................................... 642.6 13,166 13,501
High Yield Fund....................................... 17,580.7 208,388 202,354
Janus Aspen Series:
Aggressive Growth Portfolio........................... 9,395.2 419,959 560,802
Growth Portfolio...................................... 21,517.0 674,168 724,048
Worldwide Growth Portfolio............................ 16,860.2 596,034 805,074
Lazard Retirement Series, Inc.:
Equity Portfolio...................................... 885.8 10,801 10,214
Small Cap Portfolio................................... 376.7 3,812 3,699
Lord Abbett Series Fund, Inc.:
Growth and Income Portfolio........................... 3,135.8 65,959 69,490
Mitchell Hutchins Series Trust:
Growth and Income Portfolio........................... 78.8 1,227 1,288
Neuberger Berman Advisers Management Trust:
Limited Maturity Bond Portfolio....................... 3,822.4 50,333 50,609
Partners Portfolio.................................... 932.3 18,104 18,311
Strong Variable Insurance Funds, Inc.:
Mid Cap Growth Fund II................................ 7,798.1 181,411 236,828
Strong Opportunity Fund II, Inc......................... 5,263.6 124,271 136,801
Van Eck Worldwide Insurance Trust:
Worldwide Bond Fund................................... 2,139.0 24,570 22,866
Worldwide Emerging Markets Fund....................... 4,657.8 45,035 66,420
Worldwide Hard Assets Fund............................ 2,062.0 22,509 22,600
Worldwide Real Estate Fund............................ 504.4 4,856 4,616
- ---------------------------------------------------------------------------------------------------
Total assets................................................................ 15,706,255
Liabilities:
Amounts due to Conseco Variable Insurance Company............................... 15,635
- ---------------------------------------------------------------------------------------------------
Net assets (Note 6)......................................................... $15,690,620
===================================================================================================
</TABLE>
The accompanying notes are an integral part of these financial statements.
2
<PAGE>
CONSECO VARIABLE ANNUITY ACCOUNT G
STATEMENT OF ASSETS AND LIABILITIES - CONTINUED
DECEMBER 31, 1999
<TABLE>
<CAPTION>
====================================================================================================
TOTAL VALUE
UNITS UNIT VALUE OF UNITS
- ----------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
Net assets attributable to:
Contract owners' deferred annuity reserves:
The Alger American Fund:
Growth Portfolio...................................... 16,371.5 $23.189882 $ 379,650
Leveraged AllCap Portfolio............................ 17,588.0 32.657950 574,388
MidCap Growth Portfolio............................... 9,297.9 20.032232 186,258
Small Capitalization Portfolio........................ 2,423.9 20.366734 49,367
American Century Variable Portfolios, Inc.:
Income and Growth Fund................................ 42,619.5 12.612406 537,534
International Fund.................................... 35,027.7 15.722703 550,730
Value Fund............................................ 9,758.4 9.119531 88,992
Berger Institutional Products Trust:
100 Fund.............................................. 3,034.5 14.294697 43,377
Growth and Income Fund................................ 44,588.5 17.558227 782,895
Small Company Growth Fund............................. 2,342.1 16.690233 39,090
BIAM International Fund............................... 213.7 12.960694 2,770
Conseco Series Trust:
Balanced Portfolio.................................... 18,121.9 17.061023 309,178
Equity Portfolio...................................... 4,335.2 21.755292 94,314
Fixed Income Portfolio................................ 8,054.0 11.034411 88,871
Government Securities Portfolio....................... 10,693.4 10.811727 115,614
Money Market Portfolio................................ 724,556.2 11.035857 7,996,100
Dreyfus Stock Index Fund................................ 38,649.3 13.052208 504,459
The Dreyfus Socially Responsible Growth Fund, Inc....... 8,134.5 14.224514 115,709
Dreyfus Variable Investment Fund:
Disciplined Stock Portfolio........................... 4,702.8 12.541406 58,980
International Value Portfolio......................... 2,227.3 11.889474 26,481
Federated Insurance Series:
High Income Bond Fund II.............................. 16,320.3 9.902221 161,607
International Equity Fund II.......................... 389.7 24.656483 9,609
Utility Fund II....................................... 2,626.8 10.947785 28,758
Invesco Variable Investment Funds, Inc.:
Equity Income Fund.................................... 866.0 15.576930 13,490
High Yield Fund....................................... 16,490.2 12.260149 202,172
Janus Aspen Series:
Aggressive Growth Portfolio........................... 21,535.4 26.018575 560,320
Growth Portfolio...................................... 43,956.4 16.436786 722,502
Worldwide Growth Portfolio............................ 47,138.6 17.062892 804,321
Lazard Retirement Series, Inc.:
Equity Portfolio...................................... 904.9 11.274220 10,202
Small Cap Portfolio................................... 416.0 8.882039 3,695
Lord Abbett Series Fund, Inc.:
Growth and Income Portfolio........................... 4,642.9 14.951608 69,419
Mitchell Hutchins Series Trust:
Growth and Income Portfolio........................... 119.3 10.787063 1,287
Neuberger Berman Advisers Management Trust:
Limited Maturity Bond Portfolio....................... 4,966.8 10.180512 50,565
Partners Portfolio.................................... 1,859.8 9.836308 18,294
Strong Variable Insurance Funds, Inc.:
Mid Cap Growth Fund II................................ 10,943.8 21.617066 236,573
Strong Opportunity Fund II, Inc......................... 10,750.8 12.713201 136,677
Van Eck Worldwide Insurance Trust:
Worldwide Bond Fund................................... 2,313.7 9.872061 22,841
Worldwide Emerging Markets Fund....................... 6,405.8 10.357402 66,347
Worldwide Hard Assets Fund............................ 2,648.7 8.522860 22,574
WorldwideReal Estate Fund............................. 559.5 8.240317 4,610
- ----------------------------------------------------------------------------------------------------
Net assets...................................................................... $15,690,620
====================================================================================================
</TABLE>
The accompanying notes are an integral part of these financial statements.
3
<PAGE>
CONSECO VARIABLE ANNUITY ACCOUNT G
STATEMENTS OF OPERATIONS
FOR THE YEAR ENDED DECEMBER 31, 1999
<TABLE>
<CAPTION>
=================================================================================================================================
AMERICAN
CENTURY
VARIABLE
THE ALGER AMERICAN FUNDS PORTFOLIOS
---------------------------------------------- -----------
LEVERAGED SMALL INCOME AND
GROWTH ALL CAP MIDCAP CAPITALIZATION GROWTH
- ---------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Investment Income:
Dividends from investments in portfolio shares .................... $34,014 $ 9,526 $ 6,642 $ 1,455 $ 2
Expenses:
Mortality and expense risk fees ................................... 4,482 2,637 663 249 3,348
Administrative fees ............................................... 585 344 87 33 437
- --------------------------------------------------------------------------------------------------------------------------------
Total expenses ................................................... 5,067 2,981 750 282 3,785
- --------------------------------------------------------------------------------------------------------------------------------
Net investment income (loss) .................................. 28,947 6,545 5,892 1,173 (3,783)
- --------------------------------------------------------------------------------------------------------------------------------
Net realized gains (losses) and unrealized
appreciation (depreciation) on investments:
Net realized gains (losses) on sales of
investments in portfolio shares ................................ 54,246 23,355 27 716 24,340
Net change in unrealized appreciation
(depreciation) of investments in portfolio shares .............. 6,282 135,119 20,990 10,541 14,852
- --------------------------------------------------------------------------------------------------------------------------------
Net gain (loss) on investments in portfolio shares ............ 60,528 158,474 21,017 11,257 39,192
- --------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets from operations ....... $89,475 $165,019 $26,909 $12,430 $ 35,409
=================================================================================================================================
</TABLE>
STATEMENTS OF CHANGES IN NET ASSETS
FOR THE YEAR ENDED DECEMBER 31, 1999
<TABLE>
<CAPTION>
=================================================================================================================================
AMERICAN
CENTURY
VARIABLE
THE ALGER AMERICAN FUNDS PORTFOLIOS
---------------------------------------------- -----------
LEVERAGED SMALL INCOME AND
GROWTH ALL CAP MIDCAP CAPITALIZATION GROWTH
- ---------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Changes from operations:
Net investment income (loss) ................................. $ 28,947 $ 6,545 $ 5,892 $ 1,173 $ (3,783)
Net realized gains (losses) on sales of
investments in portfolio shares ............................. 54,246 23,355 27 716 24,340
Net change in unrealized appreciation (depreciation)
of investments in portfolio shares .......................... 6,282 135,119 20,990 10,541 14,852
- --------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets from operations ..... 89,475 165,019 26,909 12,430 35,409
- --------------------------------------------------------------------------------------------------------------------------------
Changes from contract owners' transactions:
Net contract purchase payments ............................... 366,463 347,459 128,866 46,543 546,284
Contract redemptions ......................................... (8,924) (1,041) (288) -- (8,762)
Net transfers ................................................ (170,214) 14,358 2,859 (18,857) (10,527)
- --------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets
from contract owners' transactions ....................... 187,325 360,776 131,437 27,686 426,995
- --------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets .................. 276,800 525,795 158,346 40,116 462,404
- --------------------------------------------------------------------------------------------------------------------------------
Net assets, beginning of year .................................. 102,850 48,593 27,912 9,251 75,130
- --------------------------------------------------------------------------------------------------------------------------------
Net assets, end of year (Note 6) ....................... $ 379,650 $ 574,388 $ 186,258 $ 49,367 $ 537,534
================================================================================================================================
</TABLE>
The accompanying notes are an integral part of these financial statements.
4
<PAGE>
<TABLE>
<CAPTION>
===========================================================================================================
AMERICAN CENTURY
VARIABLE PORTFOLIOS
(CONTINUED) BERGER INSTITUTIONAL PRODUCTS TRUST CONSECO SERIES TRUST PORTFOLIOS
- ------------------------ -------------------------------------------- ----------------------------------
GROWTH AND SMALL BIAM FIXED
INTERNATIONAL VALUE 100 INCOME COMPANY INTERNATIONAL BALANCED EQUITY INCOME
- -----------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
$ -- $ 5,873 $ 2 $ -- $ -- $ 15 $54,308 $26,474 $ 7,238
3,993 668 97 2,282 106 12 2,205 518 1,287
521 87 13 298 14 2 288 68 168
- -----------------------------------------------------------------------------------------------------------
4,514 755 110 2,580 120 14 2,493 586 1,455
- -----------------------------------------------------------------------------------------------------------
(4,514) 5,118 (108) (2,580) (120) 1 51,815 25,888 5,783
- -----------------------------------------------------------------------------------------------------------
596,369 590 916 13,140 (28) 1 (993) 248 (4,807)
194 (5,115) 2,848 161,916 9,537 483 5,856 (4,139) (2,494)
- -----------------------------------------------------------------------------------------------------------
596,563 (4,525) 3,764 175,056 9,509 484 4,863 (3,891) (7,301)
- -----------------------------------------------------------------------------------------------------------
$592,049 $ 593 $3,656 $172,476 $9,389 $485 $56,678 $21,997 $(1,518)
===========================================================================================================
</TABLE>
<TABLE>
<CAPTION>
===========================================================================================================
AMERICAN CENTURY
VARIABLE PORTFOLIOS
(CONTINUED) BERGER INSTITUTIONAL PRODUCTS TRUST CONSECO SERIES TRUST PORTFOLIOS
- ------------------------ -------------------------------------------- ----------------------------------
GROWTH AND SMALL BIAM FIXED
INTERNATIONAL VALUE 100 INCOME COMPANY INTERNATIONAL BALANCED EQUITY INCOME
- -----------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
$ (4,514) $ 5,118 $ (108) $ (2,580) $ (120) $ 1 $ 51,815 $25,888 $ 5,783
596,369 590 916 13,140 (28) 1 (993) 248 (4,807)
194 (5,115) 2,848 161,916 9,537 483 5,856 (4,139) (2,494)
- -----------------------------------------------------------------------------------------------------------
592,049 593 3,656 172,476 9,389 485 56,678 21,997 (1,518)
- -----------------------------------------------------------------------------------------------------------
33,844 33,934 48,542 551,218 29,129 2,285 110,524 43,528 41,424
(60) (745) (225) (4,025) -- -- (85) (43) (12,695)
(82,554) 11,763 (8,596) 15,489 572 -- (35,736) (6,724) (27,228)
- -----------------------------------------------------------------------------------------------------------
(48,770) 44,952 39,721 562,682 29,701 2,285 74,703 36,761 1,501
- -----------------------------------------------------------------------------------------------------------
543,279 45,545 43,377 735,158 39,090 2,770 131,381 58,758 (17)
- -----------------------------------------------------------------------------------------------------------
7,451 43,447 -- 47,737 -- -- 177,797 35,556 88,888
- -----------------------------------------------------------------------------------------------------------
$550,730 $88,992 $43,377 $782,895 $39,090 $2,770 $309,178 $94,314 $ 88,871
===========================================================================================================
</TABLE>
5
<PAGE>
CONSECO VARIABLE ANNUITY ACCOUNT G
STATEMENTS OF OPERATIONS - CONTINUED
FOR THE YEAR ENDED DECEMBER 31, 1999
<TABLE>
<CAPTION>
===============================================================================================================================
CONSECO SERIES DREYFUS
TRUST PORTFOLIOS VARIABLE
(CONTINUED) INVESTMENT
----------------------- -----------
DREYFUS
SOCIALLY DREYFUS
GOVERNMENT MONEY RESPONSIBLE STOCK DISCIPLINED
SECURITIES MARKET GROWTH INDEX STOCK
- -------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Investment Income:
Dividends from investments in portfolio shares .................... $ 5,600 $90,490 $ 3,871 $ 5,898 $ 571
Expenses:
Mortality and expense risk fees ................................... 869 20,687 419 5,018 303
Administrative fees ............................................... 113 2,695 55 655 40
- -------------------------------------------------------------------------------------------------------------------------------
Total expenses ................................................... 982 23,382 474 5,673 343
- -------------------------------------------------------------------------------------------------------------------------------
Net investment income (loss) .................................. 4,618 67,108 3,397 225 228
- -------------------------------------------------------------------------------------------------------------------------------
Net realized gains (losses) and unrealized
appreciation (depreciation) of investments:
Net realized gains (losses) on sales of
investments in portfolio shares ................................ (3,771) -- 263 38,312 2,815
Net change in unrealized appreciation
(depreciation) of investments in portfolio shares .............. (2,978) -- 12,275 15,730 1,095
- -------------------------------------------------------------------------------------------------------------------------------
Net gain (loss) on investments in portfolio shares ............ (6,749) -- 12,538 54,042 3,910
- -------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets from operations ....... $(2,131) $67,108 $15,935 $54,267 $4,138
===============================================================================================================================
</TABLE>
STATEMENTS OF CHANGES IN NET ASSETS - CONTINUED
FOR THE YEAR ENDED DECEMBER 31, 1999
<TABLE>
<CAPTION>
================================================================================================================================
CONSECO SERIES DREYFUS
TRUST PORTFOLIOS VARIABLE
(CONTINUED) INVESTMENT
----------------------- -----------
DREYFUS
SOCIALLY DREYFUS
GOVERNMENT MONEY RESPONSIBLE STOCK DISCIPLINED
SECURITIES MARKET GROWTH INDEX STOCK
- --------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Changes from operations:
Net investment income (loss) ............................... $ 4,618 $ 67,108 $ 3,397 $ 225 $ 228
Net realized gains (losses) on sales of
investments in portfolio shares ........................... (3,771) 00 263 38,312 2,815
Net change in unrealized appreciation (depreciation)
of investments in portfolio shares ........................ (2,978) 00 12,275 15,730 1,095
- --------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets from operations ... (2,131) 67,108 15,935 54,267 4,138
- --------------------------------------------------------------------------------------------------------------------------------
Changes from contract owners' transactions:
Net contract purchase payments ............................. 70,696 7,805,123 75,767 451,148 54,742
Contract redemptions ....................................... (410) (464,912) (696) (13,538) -
Net transfers .............................................. 20,934 571,912 20,938 (39,335) (24,755)
--------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets
from contract owners' transactions ..................... 91,220 7,912,123 96,009 398,275 29,987
--------------------------------------------------------------------------------------------------------------------------------
Net increase in net assets ........................... 89,089 7,979,231 111,944 452,542 34,125
- --------------------------------------------------------------------------------------------------------------------------------
Net assets, beginning of year ................................ 26,525 16,869 3,765 51,917 24,855
- --------------------------------------------------------------------------------------------------------------------------------
Net assets, end of year (Note 6) ..................... $ 115,614 $7,996,100 $115,709 $504,459 $ 58,980
================================================================================================================================
</TABLE>
The accompanying notes are an integral part of these financial statements.
6
<PAGE>
<TABLE>
<CAPTION>
===================================================================================================================================
DREYFUS
VARIABLE
INVESTMENT
(CONTINUED) FEDERATED INSURANCE SERIES FUNDS INVESCO VARIABLE INV. FUNDS JANUS ASPEN SERIES PORTFOLIOS
- -------------- ------------------------------------------- ------------------------------ ---------------------------------------
INTERNATIONAL HIGH INCOME INTERNATIONAL EQUITY AGGRESSIVE WORLDWIDE
VALUE BOND II EQUITY II UTILITY II INCOME HIGH YIELD GROWTH GROWTH GROWTH
- -----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
$2,026 $ 7,013 $ 79 $ 4,054 $ 109 $ 10,894 $ 3,490 $ 1,700 $ 410
96 1,675 34 644 107 467 1,404 4,902 2,908
12 219 4 84 14 61 183 639 379
- -----------------------------------------------------------------------------------------------------------------------------------
108 1,894 38 728 121 528 1,587 5,541 3,287
- -----------------------------------------------------------------------------------------------------------------------------------
1,918 5,119 41 3,326 (12) 10,366 1,903 (3,841) (2,877)
- -----------------------------------------------------------------------------------------------------------------------------------
48 (6,718) 24 (1,129) 659 (290) 12,001 119,617 6,918
669 (1,069) 2,711 (2,912) 335 (5,213) 140,010 36,327 203,173
- -----------------------------------------------------------------------------------------------------------------------------------
717 (7,787) 2,735 (4,041) 994 (5,503) 152,011 155,944 210,091
- -----------------------------------------------------------------------------------------------------------------------------------
$2,635 $(2,668) $2,776 $ (715) $ 982 $ 4,863 $153,914 $152,103 $207,214
===================================================================================================================================
</TABLE>
<TABLE>
<CAPTION>
===================================================================================================================================
DREYFUS
VARIABLE
INVESTMENT
(CONTINUED) FEDERATED INSURANCE SERIES FUNDS INVESCO VARIABLE INV. FUNDS JANUS ASPEN SERIES PORTFOLIOS
- -------------- ------------------------------------------- ------------------------------ ---------------------------------------
INTERNATIONAL HIGH INCOME INTERNATIONAL EQUITY AGGRESSIVE WORLDWIDE
VALUE BOND II EQUITY II UTILITY II INCOME HIGH YIELD GROWTH GROWTH GROWTH
- -----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
$ 1,918 $ 5,119 $ 41 $ 3,326 $ (12) $ 10,366 $ 1,903 $ (3,841) $ (2,877)
48 (6,718) 24 (1,129) 659 (290) 12,001 119,617 6,918
669 (1,069) 2,711 (2,912) 335 (5,213) 140,010 36,327 203,173
- -----------------------------------------------------------------------------------------------------------------------------------
2,635 (2,668) 2,776 (715) 982 4,863 153,914 152,103 207,214
- -----------------------------------------------------------------------------------------------------------------------------------
17,939 203,258 7,237 63,856 19,037 134,822 311,095 607,627 505,696
(1,780) (1,776) (404) (3,740) -- (1,994) (1,457) (9,223) (3,717)
-- (69,189) -- (58,233) (6,529) 57,049 93,532 (120,321) 16,880
- -----------------------------------------------------------------------------------------------------------------------------------
16,159 132,293 6,833 1,883 12,508 189,877 403,170 478,083 518,859
- -----------------------------------------------------------------------------------------------------------------------------------
18,794 129,625 9,609 1,168 13,490 194,740 557,084 630,186 726,073
- -----------------------------------------------------------------------------------------------------------------------------------
7,687 31,982 -- 27,590 -- 7,432 3,236 92,316 78,248
- -----------------------------------------------------------------------------------------------------------------------------------
$26,481 $161,607 $9,609 $ 28,758 $ 13,490 $202,172 $560,320 $722,502 $804,321
===================================================================================================================================
</TABLE>
7
<PAGE>
CONSECO VARIABLE ANNUITY ACCOUNT G
STATEMENTS OF OPERATIONS - CONTINUED
FOR THE YEAR ENDED DECEMBER 31, 1999
<TABLE>
<CAPTION>
===================================================================================================================================
NEUBERGER
BERMAN
ADVISERS
MANAGEMENT
LAZARD RETIREMENT TRUST
SERIES PORTFOLIOS PORTFOLIOS
------------------ ----------
MITCHELL
LORD ABBETT HUTCHINS
SERIES TRUST SERIES TRUST LIMITED
GROWTH AND GROWTH AND MATURITY
EQUITY SMALL CAP INCOME INCOME BOND
- -----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Investment Income:
Dividends from investments in portfolio shares ................. $ 388 $ 66 $ 5,517 $ -- $ 309
Expenses:
Mortality and expense risk fees ................................ 315 27 616 6 264
Administrative fees ............................................ 40 4 80 1 34
- -----------------------------------------------------------------------------------------------------------------------------------
Total expenses ................................................ 355 31 696 7 298
- -----------------------------------------------------------------------------------------------------------------------------------
Net investment income (loss) ............................... 33 35 4,821 (7) 11
- -----------------------------------------------------------------------------------------------------------------------------------
Net realized gains (losses) and unrealized appreciation
(depreciation) of investments:
Net realized gains (losses) on sales of investments
in portfolio shares ........................................ 3,161 (115) 138 -- (84)
Net change in unrealized appreciation (depreciation)
of investments in portfolio shares ......................... (5,024) (340) 2,927 61 160
- -----------------------------------------------------------------------------------------------------------------------------------
Net gain (loss) on investments in portfolio shares ....... (1,863) (455) 3,065 61 76
- -----------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets from operations .. $ (1,830) $ (420) $ 7,886 $ 54 $ 87
===================================================================================================================================
</TABLE>
STATEMENTS OF CHANGES IN NET ASSETS - CONTINUED
FOR THE YEAR ENDED DECEMBER 31, 1999
<TABLE>
<CAPTION>
===================================================================================================================================
NEUBERGER
BERMAN
ADVISERS
MANAGEMENT
LAZARD RETIREMENT TRUST
SERIES PORTFOLIOS PORTFOLIOS
------------------ ---------
MITCHELL
LORD ABBETT HUTCHINS
SERIES TRUST SERIES TRUST LIMITED
GROWTH AND GROWTH AND MATURITY
EQUITY SMALL CAP INCOME INCOME BOND
- -----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Changes from operations:
Net investment income (loss) ................................... $ 33 $ 35 $ 4,821 $ (7) $ 11
Net realized gains (losses) on sales of investments
in portfolio shares ........................................... 3,161 (115) 138 -- (84)
Net change in unrealized appreciation
(depreciation) of investments in portfolio shares ............ (5,024) (340) 2,927 61 160
- -----------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets from operations ....... (1,830) (420) 7,886 54 87
- -----------------------------------------------------------------------------------------------------------------------------------
Changes from contract owners' transactions:
Net contract purchase payments ................................. 10,037 3,831 17,497 1,233 47,922
Contract redemptions ........................................... (847) (37) (3,560) -- (2,109)
Net transfers .................................................. (67,298) (7,154) -- -- (18,944)
- -----------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets
from contract owners' transactions ......................... (58,108) (3,360) 13,937 1,233 26,869
- -----------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets .................... (59,938) (3,780) 21,823 1,287 26,956
- -----------------------------------------------------------------------------------------------------------------------------------
Net assets, beginning of year .................................... 70,140 7,475 47,596 -- 23,609
- -----------------------------------------------------------------------------------------------------------------------------------
Net assets, end of year (Note 6) ......................... $ 10,202 $ 3,695 $ 69,419 $ 1,287 $ 50,565
===================================================================================================================================
</TABLE>
The accompanying notes are an integral part of these financial statements.
8
<PAGE>
<TABLE>
<CAPTION>
===================================================================================================================================
NEUBERGER
BERMAN
ADVISERS
MANAGEMENT STRONG
TRUST VARIABLE
PORTFOLIOS INSURANCE
(CONTINUED) FUNDS VAN ECK WORLDWIDE INSURANCE TRUST FUNDS
- ----------- --------- ----------------------------------------------------------------
STRONG
MID CAP OPPORTUNITY EMERGING HARD REAL COMBINED
PARTNERS GROWTH II FUND II BOND MARKETS ASSETS ESTATE TOTAL
- --------------------------------------------------------------------------------------------- ----------
<S> <C> <C> <C> <C> <C> <C> <C>
$ 707 $ 51 $ 6,235 $ 832 $ -- $ -- $ -- $ 295,859
175 971 1,876 232 214 107 20 66,903
23 127 245 30 28 13 3 8,726
- --------------------------------------------------------------------------------------------- ----------
198 1,098 2,121 262 242 120 23 75,629
- --------------------------------------------------------------------------------------------- ----------
509 (1,047) 4,114 570 (242) (120) (23) 220,230
- --------------------------------------------------------------------------------------------- ----------
1,695 16,039 1,523 (786) 379 (525) (17) 898,277
(518) 53,918 11,123 (1,587) 21,124 91 (240) 838,718
- --------------------------------------------------------------------------------------------- ----------
1,177 69,957 12,646 (2,373) 21,503 (434) (257) 1,736,995
- --------------------------------------------------------------------------------------------- ----------
$ 1,686 $ 68,910 $ 16,760 $ (1,803) $ 21,261 $ (554) $ (280) $1,957,225
============================================================================================= ==========
</TABLE>
<TABLE>
<CAPTION>
===================================================================================================================================
NEUBERGER
BERMAN
ADVISERS
MANAGEMENT STRONG
TRUST VARIABLE
PORTFOLIOS INSURANCE
(CONTINUED) FUNDS VAN ECK WORLDWIDE INSURANCE TRUST FUNDS
- ----------- --------- -----------------------------------------------------------------
STRONG
MID CAP OPPORTUNITY EMERGING HARD REAL COMBINED
PARTNERS GROWTH II FUND II BOND MARKETS ASSETS ESTATE TOTAL
- --------------------------------------------------------------------------------------------- ----------
<S> <C> <C> <C> <C> <C> <C> <C>
$ 509 $ (1,047) $ 4,114 $ 570 $ (242) $ (120) $ (23) $ 220,230
1,695 16,039 1,523 (786) 379 (525) (17) 898,277
(518) 53,918 11,123 (1,587) 21,124 91 (240) 838,718
- --------------------------------------------------------------------------------------------- ----------
1,686 68,910 16,760 (1,803) 21,261 (554) (280) 1,957,225
- --------------------------------------------------------------------------------------------- ----------
17,340 117,223 126,886 6,718 34,646 (140) 1,015 13,042,294
(43) (2,366) (8,456) -- (179) (141) (19) (558,297)
(19,839) 43,892 (18,400) 3,618 9,334 23,409 3,894 --
- --------------------------------------------------------------------------------------------- ----------
(2,542) 158,749 100,030 10,336 43,801 23,128 4,890 12,483,997
--------------------------------------------------------------------------------------------- ----------
(856) 227,659 116,790 8,533 65,062 22,574 4,610 14,441,222
- --------------------------------------------------------------------------------------------- ----------
19,150 8,914 19,887 14,308 1,285 -- -- 1,249,398
- --------------------------------------------------------------------------------------------- ----------
$ 18,294 $236,573 $136,677 $ 22,841 $ 66,347 $ 22,574 $ 4,610 $15,690,620
============================================================================================= ==========
</TABLE>
9
<PAGE>
CONSECO VARIABLE ANNUITY ACCOUNT G
STATEMENTS OF OPERATIONS
FOR THE PERIOD APRIL 29, 1998 THROUGH DECEMBER 31, 1998
<TABLE>
<CAPTION>
=================================================================================================================================
AMERICAN
CENTURY
VARIABLE
THE ALGER AMERICAN FUNDS PORTFOLIOS
-------------------------------------------------- ----------
LEVERAGED SMALL INCOME AND
GROWTH ALL CAP MIDCAP CAPITALIZATION GROWTH
- --------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Investment Income:
Dividends from investments in portfolio shares .............. $ 772 $ 220 $ 1 $ 608 $ 369
Expenses:
Mortality and expense risk fees ............................. 211 119 75 97 150
Administrative fees ......................................... 28 16 10 13 20
- -------------------------------------------------------------------------------------------------------------------------------
Total expenses ............................................. 239 135 85 110 170
- -------------------------------------------------------------------------------------------------------------------------------
Net investment income (loss) ............................ 533 85 (84) 498 199
- -------------------------------------------------------------------------------------------------------------------------------
Net realized gains (losses) and unrealized appreciation
(depreciation) of investments:
Net realized gains (losses) on sales of investments
in portfolio shares .................................... (1,963) (1,829) (14) (1,224) (565)
Net change in unrealized appreciation (depreciation)
of investments in portfolio shares ..................... 15,743 6,444 4,151 32 5,620
- -------------------------------------------------------------------------------------------------------------------------------
Net gain (loss) on investments in portfolio shares ....... 13,780 4,615 4,137 (1,192) 5,055
- -------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets from operations .. $ 14,313 $ 4,700 $ 4,053 $ (694) $ 5,254
=================================================================================================================================
</TABLE>
STATEMENTS OF CHANGES IN NET ASSETS
FOR THE PERIOD APRIL 29, 1998 THROUGH DECEMBER 31, 1998
<TABLE>
<CAPTION>
===============================================================================================================================
AMERICAN
CENTURY
VARIABLE
THE ALGER AMERICAN FUNDS PORTFOLIOS
-------------------------------------------------- ---------
LEVERAGED SMALL INCOME AND
GROWTH ALL CAP MIDCAP CAPITALIZATION GROWTH
- -------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Changes from operations:
Net investment income (loss)................................ $ 533 $ 85 $ (84) $ 498 $ 199
Net realized gains (losses) on sales of investments
in portfolio shares........................................ (1,963) (1,829) (14) (1,224) (565)
Net change in unrealized appreciation
(depreciation) of investments in portfolio shares........... 15,743 6,444 4,151 32 5,620
- -------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets from operations 14,313 4,700 4,053 (694) 5,254
- -------------------------------------------------------------------------------------------------------------------------------
Changes from contract owners' transactions:
Net contract purchase payments.............................. 21,483 18,860 23,859 15,306 16,194
Contract redemptions ....................................... (359) -- -- (23) (411)
Net transfers............................................... 67,413 25,033 -- (5,338) 54,093
- -------------------------------------------------------------------------------------------------------------------------------
Net increase in net assets
from contract owners' transactions...................... 88,537 43,893 23,859 9,945 69,876
- -------------------------------------------------------------------------------------------------------------------------------
Net increase in net assets ........................... 102,850 48,593 27,912 9,251 75,130
- -------------------------------------------------------------------------------------------------------------------------------
Net assets, beginning of period .............................. -- -- -- -- --
- -------------------------------------------------------------------------------------------------------------------------------
Net assets, end of period ............................ $102,850 $ 48,593 $ 27,912 $ 9,251 $ 75,130
=================================================================================================================================
</TABLE>
The accompanying notes are an integral part of these financial statements.
10
<PAGE>
<TABLE>
<CAPTION>
===========================================================================================================
AMERICAN CENTURY
VARIABLE PORTFOLIOS
(CONTINUED) BERGER INSTITUTIONAL PRODUCTS TRUST CONSECO SERIES TRUST PORTFOLIOS
- ------------------------ -------------------------------------------- ----------------------------------
GROWTH AND SMALL BIAM FIXED
INTERNATIONAL VALUE 100 INCOME COMPANY INTERNATIONAL BALANCED EQUITY INCOME
- -----------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
$ -- $ -- $ -- $ 316 $ -- $ -- $ 3,141 $ 150 $ 1,767
43 123 -- 184 40 -- 732 221 309
6 16 -- 24 5 -- 95 29 40
- -----------------------------------------------------------------------------------------------------------
49 139 -- 208 45 -- 827 250 349
- -----------------------------------------------------------------------------------------------------------
(49) (139) -- 108 (45) -- 2,314 (100) 1,418
- -----------------------------------------------------------------------------------------------------------
(1,155) (1) -- (653) (4,450) -- (1,428) (2,515) (61)
284 813 -- 6,163 -- -- 3,582 2,456 (111)
- -----------------------------------------------------------------------------------------------------------
(871) 812 -- 5,510 (4,450) -- 2,154 (59) (172)
- -----------------------------------------------------------------------------------------------------------
$ (920) $ 673 $ -- $ 5,618 $ (4,495) $ -- $ 4,468 $ (159) $ 1,246
===========================================================================================================
</TABLE>
<TABLE>
<CAPTION>
===========================================================================================================
AMERICAN CENTURY
VARIABLE PORTFOLIOS
(CONTINUED) BERGER INSTITUTIONAL PRODUCTS TRUST CONSECO SERIES TRUST PORTFOLIOS
- ------------------------ -------------------------------------------- ----------------------------------
GROWTH AND SMALL BIAM FIXED
INTERNATIONAL VALUE 100 INCOME COMPANY INTERNATIONAL BALANCED EQUITY INCOME
- -----------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
$ (49) $ (139) $ -- $ 108 $ (45) $ -- $ 2,314 $ (100) $ 1,418
(1,155) (1) -- (653) (4,450) -- (1,428) (2,515) (61)
284 813 -- 6,163 -- -- 3,582 2,456 (111)
- -----------------------------------------------------------------------------------------------------------
(920) 673 -- 5,618 (4,495) -- 4,468 (159) 1,246
- -----------------------------------------------------------------------------------------------------------
13,493 (1,099) -- 61,371 6,911 -- 219,964 51,835 66,678
(22) -- -- (1,483) (20) -- (81) (70) (3,366)
(5,100) 43,873 -- (17,769) (2,396) -- (46,554) (16,050) 24,330
- -----------------------------------------------------------------------------------------------------------
8,371 42,774 -- 42,119 4,495 -- 173,329 35,715 87,642
- -----------------------------------------------------------------------------------------------------------
7,451 43,447 -- 47,737 -- -- 177,797 35,556 88,888
- -----------------------------------------------------------------------------------------------------------
-- -- -- -- -- -- -- -- --
- -----------------------------------------------------------------------------------------------------------
$ 7,451 $ 43,447 $ -- $ 47,737 $ -- $ -- $177,797 $ 35,556 $ 88,888
===========================================================================================================
</TABLE>
11
<PAGE>
CONSECO VARIABLE ANNUITY ACCOUNT G
STATEMENTS OF OPERATIONS - CONTINUED
FOR THE PERIOD APRIL 29, 1998 THROUGH DECEMBER 31, 1998
<TABLE>
<CAPTION>
===============================================================================================================================
CONSECO SERIES DREYFUS
TRUST PORTFOLIOS VARIABLE
(CONTINUED) INVESTMENT
----------------------- -----------
DREYFUS
SOCIALLY DREYFUS
GOVERNMENT MONEY RESPONSIBLE STOCK DISCIPLINED
SECURITIES MARKET GROWTH INDEX STOCK
- -------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Investment Income:
Dividends from investments in portfolio shares ................... $ 618 $ 1,118 $ 137 $ 323 $ 117
Expenses:
Mortality and expense risk fees .................................. 119 258 11 221 49
Administrative fees .............................................. 15 34 2 29 6
- -------------------------------------------------------------------------------------------------------------------------------
Total expenses .................................................. 134 292 13 250 55
- -------------------------------------------------------------------------------------------------------------------------------
Net investment income (loss) ................................. 484 826 124 73 62
- -------------------------------------------------------------------------------------------------------------------------------
Net realized gains (losses) and unrealized appreciation
(depreciation) of investments:
Net realized gains (losses) on sales of investments
in portfolio shares ......................................... 62 -- 1 104 17
Net change in unrealized appreciation (depreciation)
of investments in portfolio shares .......................... 19 -- 587 2,482 3,431
- -------------------------------------------------------------------------------------------------------------------------------
Net gain (loss) on investments in portfolio shares ......... 81 -- 588 2,586 3,448
- -------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets from operations .... $ 565 $ 826 $ 712 $ 2,659 $ 3,510
===============================================================================================================================
</TABLE>
STATEMENTS OF CHANGES IN NET ASSETS - CONTINUED
FOR THE PERIOD APRIL 29, 1998 THROUGH DECEMBER 31, 1998
<TABLE>
<CAPTION>
===============================================================================================================================
CONSECO SERIES DREYFUS
TRUST PORTFOLIOS VARIABLE
(CONTINUED) INVESTMENT
----------------------- -----------
DREYFUS
SOCIALLY DREYFUS
GOVERNMENT MONEY RESPONSIBLE STOCK DISCIPLINED
SECURITIES MARKET GROWTH INDEX STOCK
- -------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Changes from operations:
Net investment income (loss) ..................................... $ 484 $ 826 $ 124 $ 73 $ 62
Net realized gains (losses) on sales of investments
in portfolio shares ............................................ 62 -- 1 104 17
Net change in unrealized appreciation
(depreciation) of investments in portfolio shares .............. 19 -- 587 2,482 3,431
- -------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets from operations ........ 565 826 712 2,659 3,510
- -------------------------------------------------------------------------------------------------------------------------------
Changes from contract owners' transactions:
Net contract purchase payments ................................... 52,528 292,964 3,053 48,640 56
Contract redemptions ............................................. (33) (12,500) -- (152) (293)
Net transfers .................................................... (26,535) (264,421) -- 770 21,582
- -------------------------------------------------------------------------------------------------------------------------------
Net increase in net assets
from contract owners' transactions .......................... 25,960 16,043 3,053 49,258 21,345
- -------------------------------------------------------------------------------------------------------------------------------
Net increase in net assets ................................ 26,525 16,869 3,765 51,917 24,855
- -------------------------------------------------------------------------------------------------------------------------------
Net assets, beginning of period .................................... -- -- -- -- --
- -------------------------------------------------------------------------------------------------------------------------------
Net assets, end of period ................................. $ 26,525 $ 16,869 $ 3,765 $ 51,917 $ 24,855
===============================================================================================================================
</TABLE>
The accompanying notes are an integral part of these financial statements.
12
<PAGE>
<TABLE>
<CAPTION>
===================================================================================================================================
DREYFUS
VARIABLE
INVESTMENT
(CONTINUED) FEDERATED INSURANCE SERIES FUNDS INVESCO VARIABLE INV. FUNDS JANUS ASPEN SERIES PORTFOLIOS
- -------------- ------------------------------------------- ------------------------------ ---------------------------------------
INTERNATIONAL HIGH INCOME INTERNATIONAL EQUITY AGGRESSIVE WORLDWIDE
VALUE BOND II EQUITY II UTILITY II INCOME HIGH YIELD GROWTH GROWTH GROWTH
- -----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
$ 604 $ -- $ -- $ -- $ -- $ 792 $ -- $ 39 $ 108
33 124 2 86 -- 31 19 126 234
4 16 -- 11 -- 4 3 17 31
- -----------------------------------------------------------------------------------------------------------------------------------
37 140 2 97 -- 35 22 143 265
- -----------------------------------------------------------------------------------------------------------------------------------
567 (140) (2) (97) -- 757 (22) (104) (157)
- -----------------------------------------------------------------------------------------------------------------------------------
111 (706) 2 385 -- (63) (2,381) 379 (431)
(134) 745 -- 2,657 -- (821) 834 13,553 5,866
- -----------------------------------------------------------------------------------------------------------------------------------
(23) 39 2 3,042 -- (884) (1,547) 13,932 5,435
- -----------------------------------------------------------------------------------------------------------------------------------
$ 544 $ (101) $ -- $ 2,945 $ -- $ (127) $ (1,569) $ 13,828 $ 5,278
- -----------------------------------------------------------------------------------------------------------------------------------
</TABLE>
<TABLE>
<CAPTION>
===================================================================================================================================
DREYFUS
VARIABLE
INVESTMENT
(CONTINUED) FEDERATED INSURANCE SERIES FUNDS INVESCO VARIABLE INV. FUNDS JANUS ASPEN SERIES PORTFOLIOS
- -------------- ------------------------------------------- ------------------------------ ---------------------------------------
INTERNATIONAL HIGH INCOME INTERNATIONAL EQUITY AGGRESSIVE WORLDWIDE
VALUE BOND II EQUITY II UTILITY II INCOME HIGH YIELD GROWTH GROWTH GROWTH
- -----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
$ 567 $ (140) $ (2) $ (97) $ -- $ 757 $ (22) $ (104) $ (157)
111 (706) 2 385 -- (63) (2,381) 379 (431)
(134) 745 -- 2,657 -- (821) 834 13,553 5,866
- -----------------------------------------------------------------------------------------------------------------------------------
544 (101) -- 2,945 -- (127) (1,569) 13,828 5,278
- -----------------------------------------------------------------------------------------------------------------------------------
7,843 47,326 -- 28,678 -- 8,259 2,351 16,592 49,723
(700) (3,393) -- (4,033) -- (700) -- (359) (771)
-- (11,850) -- -- -- -- 2,454 62,255 24,018
- -----------------------------------------------------------------------------------------------------------------------------------
7,143 32,083 -- 24,645 -- 7,559 4,805 78,488 72,970
- -----------------------------------------------------------------------------------------------------------------------------------
7,687 31,982 -- 27,590 -- 7,432 3,236 92,316 78,248
- -----------------------------------------------------------------------------------------------------------------------------------
-- -- -- -- -- -- -- -- --
- -----------------------------------------------------------------------------------------------------------------------------------
$ 7,687 $ 31,982 $ -- $ 27,590 $ -- $ 7,432 $ 3,236 $ 92,316 $ 78,248
===================================================================================================================================
</TABLE>
13
<PAGE>
CONSECO VARIABLE ANNUITY ACCOUNT G
STATEMENTS OF OPERATIONS - CONTINUED
FOR THE PERIOD APRIL 29, 1998 THROUGH DECEMBER 31, 1998
<TABLE>
<CAPTION>
===================================================================================================================================
NEUBERGER
BERMAN
ADVISERS
MANAGEMENT
LAZARD RETIREMENT TRUST
SERIES PORTFOLIOS PORTFOLIOS
------------------ ----------
MITCHELL
LORD ABBETT HUTCHINS
SERIES TRUST SERIES TRUST LIMITED
GROWTH AND GROWTH AND MATURITY
EQUITY SMALL CAP INCOME INCOME BOND
- -----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Investment Income:
Dividends from investments in portfolio shares .................. $ 238 $ -- $ 2,982 $ -- $ --
Expenses:
Mortality and expense risk fees ................................. 106 11 245 -- 31
Administrative fees ............................................. 14 1 32 -- 4
- -----------------------------------------------------------------------------------------------------------------------------------
Total expenses ................................................. 120 12 277 -- 35
- -----------------------------------------------------------------------------------------------------------------------------------
Net investment income (loss) ................................ 118 (12) 2,705 -- (35)
- -----------------------------------------------------------------------------------------------------------------------------------
Net realized gains (losses) and unrealized appreciation
(depreciation) of investments:
Net realized gains (losses) on sales of investments
in portfolio shares .......................................... 20 -- (142) -- --
Net change in unrealized appreciation (depreciation)
of investments in portfolio shares ........................... 4,437 230 603 -- 116
- -----------------------------------------------------------------------------------------------------------------------------------
Net gain (loss) on investments in portfolio shares .......... 4,457 230 461 -- 116
- -----------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets from operations ..... $ 4,575 $ 218 $ 3,166 $ -- $ 81
===================================================================================================================================
</TABLE>
STATEMENTS OF CHANGES IN NET ASSETS - CONTINUED
FOR THE PERIOD APRIL 29, 1998 THROUGH DECEMBER 31, 1998
<TABLE>
<CAPTION>
===================================================================================================================================
NEUBERGER
BERMAN
ADVISERS
MANAGEMENT
LAZARD RETIREMENT TRUST
SERIES PORTFOLIOS PORTFOLIOS
------------------ ----------
MITCHELL
LORD ABBETT HUTCHINS
SERIES TRUST SERIES TRUST LIMITED
GROWTH AND GROWTH AND MATURITY
EQUITY SMALL CAP INCOME INCOME BOND
- -----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Changes from operations:
Net investment income (loss) .................................... $ 118 $ (12) $ 2,705 $ -- $ (35)
Net realized gains (losses) on sales of investments
in portfolio shares ............................................ 20 -- (142) -- --
Net change in unrealized appreciation
(depreciation) of investments in portfolio shares ............. 4,437 230 603 -- 116
- -----------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets from operations ........ 4,575 218 3,166 -- 81
- -----------------------------------------------------------------------------------------------------------------------------------
Changes from contract owners' transactions:
Net contract purchase payments .................................. (89) (82) 45,830 -- 3,656
Contract redemptions ............................................ (359) -- (1,400) -- --
Net transfers ................................................... 66,013 7,339 -- -- 19,872
- -----------------------------------------------------------------------------------------------------------------------------------
Net increase (decrease) in net assets
from contract owners' transactions .......................... 65,565 7,257 44,430 -- 23,528
- -----------------------------------------------------------------------------------------------------------------------------------
Net increase in net assets ................................ 70,140 7,475 47,596 -- 23,609
- -----------------------------------------------------------------------------------------------------------------------------------
Net assets, beginning of period ................................... -- -- -- -- --
- -----------------------------------------------------------------------------------------------------------------------------------
Net assets, end of period ................................. $ 70,140 $ 7,475 $ 47,596 $ -- $ 23,609
===================================================================================================================================
</TABLE>
The accompanying notes are an integral part of these financial statements.
14
<PAGE>
<TABLE>
<CAPTION>
===================================================================================================================================
NEUBERGER
BERMAN
ADVISERS
MANAGEMENT STRONG
TRUST VARIABLE
PORTFOLIOS INSURANCE
(CONTINUED) FUNDS VAN ECK WORLDWIDE INSURANCE TRUST FUNDS
- ----------- --------- ----------------------------------------------------------------
STRONG
MID CAP OPPORTUNITY EMERGING HARD REAL COMBINED
PARTNERS GROWTH II FUND II BOND MARKETS ASSETS ESTATE TOTAL
- --------------------------------------------------------------------------------------------- ------------
<S> <C> <C> <C> <C> <C> <C> <C>
$ -- $ -- $ 40 $ -- $ -- $ -- $ -- $ 14,460
63 33 84 9 4 (1) -- 4,202
8 4 11 1 1 -- -- 550
- --------------------------------------------------------------------------------------------- ------------
71 37 95 10 5 (1) -- 4,752
- --------------------------------------------------------------------------------------------- ------------
(71) (37) (55) (10) (5) 1 -- 9,708
- --------------------------------------------------------------------------------------------- ------------
1,111 (13) (52) -- -- -- -- (17,454)
724 1,499 1,405 (117) 262 -- -- 83,555
- --------------------------------------------------------------------------------------------- ------------
1,835 1,486 1,353 (117) 262 -- -- 66,101
- --------------------------------------------------------------------------------------------- ------------
$ 1,764 $ 1,449 $ 1,298 $ (127) $ 257 $ 1 $ -- $ 75.809
============================================================================================= ============
</TABLE>
<TABLE>
<CAPTION>
=====================================================================================================================
NEUBERGER
BERMAN
ADVISERS
MANAGEMENT STRONG
TRUST VARIABLE
PORTFOLIOS INSURANCE
(CONTINUED) FUNDS VAN ECK WORLDWIDE INSURANCE TRUST FUNDS
- ----------- --------- ----------------------------------------------------------------
STRONG
MID CAP OPPORTUNITY EMERGING HARD REAL COMBINED
PARTNERS GROWTH II FUND II BOND MARKETS ASSETS ESTATE TOTAL
- --------------------------------------------------------------------------------------------- ------------
<S> <C> <C> <C> <C> <C> <C> <C>
$ (71) $ (37) $ (55) $ (10) $ (5) $ 1 $ -- $ 9,708
1,111 (13) (52) -- -- -- -- (17,454)
724 1,499 1,405 (117) 262 -- -- 83,555
- --------------------------------------------------------------------------------------------- ------------
1,764 1,449 1,298 (127) 257 1 -- 75,809
- --------------------------------------------------------------------------------------------- ------------
18,499 8,165 19,289 14,435 1,028 21,918 -- 1,205,517
-- (700) (700) -- -- -- -- (31,928)
(1,113) -- -- -- -- (21,919) -- --
- --------------------------------------------------------------------------------------------- ------------
17,386 7,465 18,589 14,435 1,028 (1) -- 1,173,589
- --------------------------------------------------------------------------------------------- ------------
19,150 8,914 19,887 14,308 1,285 -- -- 1,249,398
- --------------------------------------------------------------------------------------------- ------------
-- -- -- -- -- -- -- --
- --------------------------------------------------------------------------------------------- ------------
$ 19,150 $ 8,914 $ 19,887 $ 14,308 $ 1,285 $ -- $ -- $ 1,249,398
============================================================================================= ============
</TABLE>
15
<PAGE>
CONSECO VARIABLE ANNUITY ACCOUNT G
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 1999 AND 1998
================================================================================
(1) GENERAL
Conseco Variable Insurance Company (the "Company") established two separate
accounts within Conseco Variable Annuity Account G ("Account G"). Both accounts
were established on September 26, 1997, and commenced operations on April 29,
1998. Account G is a segregated investment account for individual and group
variable annuity contracts which are registered under the Securities Act of
1933. One account, also named Conseco Variable Annuity Account G ("Variable
Account"), which serves the variable annuity portion of the contract, is
registered under the Investment Company Act of 1940, as amended, as a unit
investment trust. The other account, Conseco Variable Market Value Adjustment
Account ("MVA"), offers investment options which pay fixed rates of interest as
declared by the Company for specified periods (one, three and five years) from
the date amounts are allocated to the MVA. The MVA is not registered as an
investment company under the Investment Company Act of 1940. The operations of
Account G are included in the operations of the Company pursuant to the
provisions of the Texas Insurance Code. The Company is an indirect wholly owned
subsidiary of Conseco, Inc., a publicly-held specialized financial services
holding company listed on the New York Stock Exchange.
Besides the three guarantee periods of the MVA option, the following
investment Variable Account options are currently available:
THE ALGER AMERICAN FUND
Growth Portfolio
Leveraged AllCap Portfolio
MidCap Growth Portfolio
Small Capitalization Portfolio
AMERICAN CENTURY VARIABLE PORTFOLIOS, INC.
Income and Growth Fund
International Fund
Value Fund
BERGER INSTITUTIONAL PRODUCTS TRUST
100 Fund
Growth and Income Fund
Small Company Growth Fund
BIAM International Fund
CONSECO SERIES TRUST
Balanced Portfolio
Equity Portfolio
Fixed Income Portfolio
Government Securities Portfolio
Money Market Portfolio
THE DREYFUS SOCIALLY RESPONSIBLE GROWTH FUND, INC.
DREYFUS STOCK INDEX FUND
DREYFUS VARIABLE INVESTMENT FUND
International Value Portfolio
Disciplined Stock Portfolio
FEDERATED INSURANCE SERIES
High Income Bond Fund II
International Equity Fund II
Utility Fund II
INVESCO VARIABLE INVESTMENT FUNDS, INC.
Equity Income Fund
High Yield Fund
JANUS ASPEN SERIES
Aggressive Growth Portfolio
Growth Portfolio
Worldwide Growth Portfolio
LAZARD RETIREMENT SERIES, INC.
Equity Portfolio
Small Cap Portfolio
LORD ABBETT SERIES FUND, INC.
Growth and Income Portfolio
MITCHELL HUTCHINS SERIES TRUST
Growth and Income Portfolio
NEUBERGER BERMAN ADVISERS MANAGEMENT TRUST
Limited Maturity Bond Portfolio
Partners Portfolio
STRONG VARIABLE INSURANCE FUNDS, INC.
Mid Cap Growth Fund II
STRONG OPPORTUNITY FUND II, INC.
VAN ECK WORLDWIDE INSURANCE TRUST
Worldwide Bond Fund
Worldwide Emerging Markets Fund
Worldwide Hard Assets Fund
Worldwide Real Estate Fund
The preparation of financial statements in conformity with generally accepted
accounting principles requires management to make estimates and assumptions that
affect the reported amounts of assets and liabilities and disclosure of
contingent assets and liabilities at the date of the financial statements and
the reported increases and decreases in net assets from operations during the
reporting period. Actual results could differ from those estimates.
(2) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
INVESTMENT VALUATION, TRANSACTIONS AND INCOME
Investments in portfolio shares are valued using the net asset value of the
respective portfolios at the end of each New York Stock Exchange business day.
Investment share transactions are accounted for on a trade date basis (the date
the order to purchase or redeem shares is executed) and dividend income is
recorded on the ex-dividend date. The cost of investments in portfolio shares
sold is determined on a first-in first-out basis. Account G does not hold any
investments which are restricted as to resale.
Net investment income and net realized gains (losses) and unrealized
appreciation (depreciation) on investments are allocated to the contracts on
each valuation date based on each contract's pro rata share of the assets of
Account G as of the beginning of the valuation date.
FEDERAL INCOME TAXES
No provision for federal income taxes has been made in the accompanying
financial statements because the operations of Account G are included in the
total operations of the Company, which is treated as a life insurance company
for federal income tax purposes under the Internal Revenue Code. Net investment
income and realized gains (losses) are retained in Account G and are not taxable
until received by the contract owner or beneficiary in the form of annuity
payments or other distributions.
16
<PAGE>
CONSECO VARIABLE ANNUITY ACCOUNT G
NOTES TO FINANCIAL STATEMENTS - CONTINUED
DECEMBER 31, 1999 AND 1998
================================================================================
ANNUITY RESERVES
Deferred annuity contract reserves are comprised of net contract purchase
payments less redemptions and benefits. These reserves are adjusted daily for
the net investment income and net realized gains (losses) and unrealized
appreciation (depreciation) on investments.
(3) PURCHASES AND SALES OF INVESTMENTS IN PORTFOLIO SHARES
The aggregate cost of purchases of investments in portfolio shares was
$77,960,412 and $1,908,738 for the year ended December 31, 1999 and for the
period April 29, 1998 through December 31, 1998, respectively. The aggregate
proceeds from sales of investments in portfolio shares were $65,241,882 and
$724,111 for the year ended December 31, 1999 and for the period April 29, 1998
through December 31, 1998, respectively.
(4) DEDUCTIONS AND EXPENSES
Although periodic retirement payments to contract owners vary according to
the investment performance of the portfolios, such payments are not affected by
mortality or expense experience because the Company assumes the mortality and
expense risks under the contracts.
The mortality risk assumed by the Company results from the life annuity
payment option in the contracts in which the Company agrees to make annuity
payments regardless of how long a particular annuitant or other payee lives. The
annuity payments are determined in accordance with annuity purchase rate
provisions established at the time the contracts are issued. Based on the
actuarial determination of expected mortality, the Company is required to fund
any deficiency in the annuity payment reserves from its general account assets.
The expense risk assumed by the Company is the risk that the deductions for
sales and administrative expenses may prove insufficient to cover the actual
sales and administrative expenses. The Company deducts daily from Account G a
fee, which is equal on an annual basis to 1.15 percent of the daily value of the
total investments of Account G, for assuming the mortality and expense risks.
These fees were $66,903 and $4,202 for the year ended December 31, 1999 and for
the period April 29, 1998 through December 31, 1998, respectively.
Pursuant to an agreement between Account G and the Company (which may be
terminated by the Company at any time), the Company provides sales and
administrative services to Account G, as well as a minimum death benefit prior
to retirement for the contracts. In addition, the Company deducts units from
individual contracts annually and upon full surrender to cover an administrative
fee of $30, unless the value of the contract is $25,000 or greater. This fee is
recorded as a redemption in the accompanying Statements of Changes in Net
Assets. There were no sales and administrative charges for both the year ended
December 31, 1999, and for the period April 29, 1998 through December 31, 1998.
The Company also deducts daily from Account G a fee, which is equal on an annual
basis to 0.15 percent of the daily value of the total investments of Account G,
for administrative expenses. These expenses were $8,726 and $550 for the year
ended December 31, 1999, and for the period April 29, 1998 through December 31,
1998, respectively.
The MVA account is subject to a market value adjustment if the amounts are
withdrawn prior to the end of the guarantee period with certain exceptions. This
adjustment can be positive or negative depending on the changes in the U.S.
Treasury rates during the holding period of the MVA contract. There were no
charges for both the year ended December 31, 1999, and the period April 29, 1998
through December 31, 1998.
(5) OTHER TRANSACTIONS WITH AFFILIATES
Conseco Equity Sales, Inc., an affiliate of the Company, is the principal
underwriter and performs all variable annuity sales functions on behalf of the
Company through various retail broker/dealers including Conseco Securities, Inc.
(formerly Conseco Financial Services, Inc. prior to its name change in August
1999), an affiliate of the Company.
(6) NET ASSETS
Net assets consisted of the following at December 31, 1999:
- --------------------------------------------------------------------------------
Proceeds from the sales of units since organization,
less cost of units redeemed .................................... $13,657,586
Undistributed net investment income .............................. 229,938
Undistributed net realized gains on sales of investments ......... 880,823
Net unrealized appreciation of investments ....................... 922,273
- --------------------------------------------------------------------------------
Net assets ................................................... $15,690,620
================================================================================
17
<PAGE>
REPORT OF INDEPENDENT ACCOUNTANTS
================================================================================
TO THE BOARD OF DIRECTORS OF CONSECO VARIABLE
INSURANCE COMPANY AND CONTRACT OWNERS OF
CONSECO VARIABLE ANNUITY ACCOUNT G
In our opinion, the accompanying statement of assets and liabilities and the
related statements of operations and of changes in net assets present fairly, in
all material respects, the financial position of the Conseco Variable Annuity
Account G (the "Account") at December 31, 1999, and the results of its
operations and the changes in its net assets for the year ended December 31,
1999 and from inception (April 29, 1998) through December 31, 1998, in
conformity with accounting principles generally accepted in the United States.
These financial statements are the responsibility of the Account's management;
our responsibility is to express an opinion on these financial statements based
on our audits. We conducted our audits of these financial statements in
accordance with auditing standards generally accepted in the United States,
which require that we plan and perform the audit to obtain reasonable assurance
about whether the financial statements are free of material misstatement. An
audit includes examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements, assessing the accounting principles
used and significant estimates made by management, and evaluating the overall
financial statement presentation. We believe that our audits, which included
confirmation of portfolio shares owned at December 31, 1999 by correspondence
with the funds, provide a reasonable basis for the opinion expressed above.
/s/ PricewaterhouseCoopers LLP
- ---------------------------------
Indianapolis, Indiana
February 10, 2000
18
REPORT OF INDEPENDENT ACCOUNTANTS
To the Shareholder and Board of Directors
Conseco Variable Insurance Company
In our opinion, the accompanying balance sheet and the related statements
of operations, shareholder's equity and cash flows present fairly, in all
material respects, the financial position of Conseco Variable Insurance Company
(the "Company") at December 31, 1999 and 1998, and the results of its operations
and its cash flows for each of the three years in the period ended December 31,
1999, in conformity with accounting principles generally accepted in the United
States. These financial statements are the responsibility of the Company's
management; our responsibility is to express an opinion on these financial
statements based on our audits. We conducted our audits of these statements in
accordance with auditing standards generally accepted in the United States which
require that we plan and perform the audit to obtain reasonable assurance about
whether the financial statements are free of material misstatement. An audit
includes examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements, assessing the accounting principles
used and significant estimates made by management, and evaluating the overall
financial statement presentation. We believe that our audits provide a
reasonable basis for the opinion expressed above.
/s/ PricewaterhouseCoopers LLP
--------------------------------
PricewaterhouseCoopers LLP
April 13, 2000
F-1
<PAGE>
<TABLE>
<CAPTION>
CONSECO VARIABLE INSURANCE COMPANY
BALANCE SHEET
December 31, 1999 and 1998
(Dollars in millions)
ASSETS
1999 1998
---- ----
<S> <C> <C>
Investments:
Actively managed fixed maturities at fair value (amortized cost:
1999 - $1,491.8; 1998 - $1,520.5)............................................... $1,398.7 $1,524.1
Equity securities at fair value (cost: 1999 - $47.8 million; 1998 - $46.0 million). 49.8 45.7
Mortgage loans..................................................................... 108.0 110.2
Policy loans....................................................................... 75.5 79.6
Other invested assets ............................................................. 50.8 120.3
-------- --------
Total investments............................................................ 1,682.8 1,879.9
Cash and cash equivalents.............................................................. 81.5 48.4
Accrued investment income.............................................................. 35.6 30.5
Cost of policies purchased............................................................. 131.6 98.0
Cost of policies produced.............................................................. 147.6 82.5
Reinsurance receivables................................................................ 26.4 22.2
Goodwill............................................................................... 45.3 46.7
Assets held in separate accounts....................................................... 1,457.0 696.4
Other assets........................................................................... 6.0 7.1
-------- --------
Total assets................................................................. $3,613.8 $2,911.7
======== ========
</TABLE>
(continued on next page)
The accompanying notes are an
integral part of the financial
statements.
F-2
<PAGE>
<TABLE>
<CAPTION>
CONSECO VARIABLE INSURANCE COMPANY
BALANCE SHEET (Continued)
December 31, 1999 and 1998
(Dollars in millions, except per share amount)
LIABILITIES AND SHAREHOLDER'S EQUITY
1999 1998
---- ----
<S> <C> <C>
Liabilities:
Insurance liabilities:
Interest-sensitive products..................................................... $1,289.2 $1,365.2
Traditional products............................................................ 242.8 246.2
Claims payable and other policyholder funds..................................... 64.1 62.6
Liabilities related to separate accounts........................................ 1,457.0 696.4
Income tax liabilities............................................................. 33.4 37.5
Investment borrowings.............................................................. 135.1 65.7
Other liabilities.................................................................. 16.5 33.0
-------- --------
Total liabilities.......................................................... 3,238.1 2,506.6
-------- --------
Shareholder's equity:
Common stock and additional paid-in capital (par value $4.80 per share, 1,065,000
shares authorized, 1,043,565 shares issued and outstanding).................... 380.8 380.8
Accumulated other comprehensive loss............................................... (28.4) (.8)
Retained earnings.................................................................. 23.3 25.1
-------- --------
Total shareholder's equity................................................. 375.7 405.1
-------- --------
Total liabilities and shareholder's equity................................. $3,613.8 $2,911.7
======== ========
</TABLE>
The accompanying notes are an
integral part of the financial
statements.
F-3
<PAGE>
<TABLE>
<CAPTION>
CONSECO VARIABLE INSURANCE COMPANY
STATEMENT OF OPERATIONS
for the years ended December 31, 1999, 1998 and 1997
(Dollars in millions)
1999 1998 1997
---- ---- ----
<S> <C> <C> <C>
Revenues:
Insurance policy income.......................................... $ 72.1 $ 73.6 $ 75.7
Net investment income............................................ 297.6 198.0 222.6
Net gains (losses) from sale of investments...................... (10.0) 18.5 13.3
------ ------ ------
Total revenues............................................. 359.7 290.1 311.6
------ ------ ------
Benefits and expenses:
Insurance policy benefits........................................ 266.8 170.6 191.0
Amortization..................................................... 13.8 33.6 27.1
Other operating costs and expenses............................... 40.3 38.7 32.2
------ ------ ------
Total benefits and expenses................................ 320.9 242.9 250.3
------ ------ ------
Income before income taxes................................. 38.8 47.2 61.3
Income tax expense................................................... 13.6 16.6 22.1
------ ------ ------
Net income................................................. $ 25.2 $ 30.6 $ 39.2
====== ====== ======
</TABLE>
The accompanying notes are an
integral part of the financial
statements.
F-4
<PAGE>
<TABLE>
<CAPTION>
CONSECO VARIABLE INSURANCE COMPANY
STATEMENT OF SHAREHOLDER'S EQUITY
for the years ended December 31, 1999, 1998 and 1997
(Dollars in millions)
Common stock Accumulated other
and additional comprehensive Retained
Total paid-in capital income (loss) earnings
----- --------------- ------------- --------
<S> <C> <C> <C> <C>
Balance, December 31, 1996................................. $396.9 $380.8 $ (4.6) $ 20.7
Comprehensive income, net of tax:
Net income............................................ 39.2 - - 39.2
Change in unrealized appreciation (depreciation) of
securities (net of applicable income tax expense
of $7.2)........................................... 13.3 - 13.3 -
------
Total comprehensive income........................ 52.5 - - -
Dividends on common stock............................... (32.5) - - (32.5)
------ ------ ------ ------
Balance, December 31, 1997................................. 416.9 380.8 8.7 27.4
Comprehensive income, net of tax:
Net income............................................ 30.6 - - 30.6
Change in unrealized appreciation (depreciation) of
securities (net of applicable income tax benefit
of $5.1)........................................... (9.5) - (9.5) -
------
Total comprehensive income........................ 21.1
Dividends on common stock............................... (32.9) - - (32.9)
------ ------ ------ ------
Balance, December 31, 1998................................. 405.1 380.8 (.8) 25.1
Comprehensive loss, net of tax:
Net income.............................................. 25.2 - - 25.2
Change in unrealized depreciation of securities (net
of applicable income tax benefit of $15.7 million).... (27.6) - (27.6) -
------
Total comprehensive loss.......................... (2.4)
Dividends on common stock............................... (27.0) - - (27.0)
------ ------ ------ ------
Balance, December 31, 1999................................. $375.7 $380.8 $(28.4) $ 23.3
====== ====== ====== ======
</TABLE>
The accompanying notes are an
integral part of the financial
statements.
F-5
<PAGE>
<TABLE>
<CAPTION>
CONSECO VARIABLE INSURANCE COMPANY
STATEMENT OF CASH FLOWS
for the years ended December 31, 1999, 1998 and 1997
(Dollars in millions)
1999 1998 1997
---- ---- ----
<S> <C> <C> <C>
Cash flows from operating activities:
Net income........................................................ $ 25.2 $ 30.6 $ 39.2
Adjustments to reconcile net income to net
cash provided by operating activities:
Amortization................................................ 13.8 43.0 27.1
Income taxes................................................ 11.4 (1.2) 6.7
Insurance liabilities....................................... 162.6 120.0 95.2
Accrual and amortization of investment income............... (11.4) 1.6 .3
Deferral of cost of policies produced....................... (62.7) (35.3) (31.8)
Net (gains) losses from sale of investments................. 10.0 (18.5) (13.3)
Other....................................................... .7 (38.3) (4.6)
--------- --------- -------
Net cash provided by operating activities................... 149.6 101.9 118.8
--------- --------- -------
Cash flows from investing activities:
Sales of investments.............................................. 904.8 1,185.0 755.2
Maturities and redemptions........................................ 109.0 145.5 150.4
Purchases of investments.......................................... (1,502.0) (1,420.7) (923.5)
--------- --------- -------
Net cash used by investing activities....................... (488.2) (90.2) (17.9)
--------- --------- -------
Cash flows from financing activities:
Deposits to insurance liabilities................................. 654.1 400.4 255.9
Investment borrowings............................................. 69.4 4.7 12.6
Withdrawals from insurance liabilities............................ (324.8) (385.0) (302.2)
Dividends paid on common stock.................................... (27.0) (32.9) (32.5)
--------- --------- -------
Net cash provided (used) by financing activities............ 371.7 (12.8) (66.2)
--------- --------- -------
Net increase (decrease) in cash and cash equivalents........ 33.1 (1.1) 34.7
Cash and cash equivalents, beginning of year......................... 48.4 49.5 14.8
--------- --------- -------
Cash and cash equivalents, end of year............................... $ 81.5 $ 48.4 $ 49.5
========= ========= =======
</TABLE>
The accompanying notes are an
integral part of the financial
statements.
F-6
<PAGE>
CONSECO VARIABLE INSURANCE COMPANY
Notes to Financial Statements
------------------------------
1. SIGNIFICANT ACCOUNTING POLICIES
Basis of Presentation
Conseco Variable Insurance Company ("we" or the "Company") markets
tax-qualified annuities and certain employee benefit-related insurance products
through professional independent agents. Prior to its name change in October
1998, the Company was named Great American Reserve Insurance Company. Since
August 1995, the Company has been a wholly owned subsidiary of Conseco, Inc.
("Conseco"), a financial services holding company operating throughout the
United States. Conseco's life insurance subsidiaries develop, market and
administer supplemental health insurance, annuity, individual life insurance,
individual and group major medical insurance and other insurance products.
Conseco's finance subsidiaries originate, purchase, sell and service consumer
and commercial finance loans. On March 31, 2000, Conseco announced its plan to
explore the sale of its finance subsidiaries and its hiring of Lehman Brothers
to assist in the planned sale.
The following summary explains the accounting policies we use to arrive at
the more significant numbers in our financial statements. We prepare our
financial statements in accordance with generally accepted accounting principles
("GAAP"). We follow the accounting standards established by the Financial
Accounting Standards Board, the American Institute of Certified Public
Accountants and the Securities and Exchange Commission. We reclassified certain
amounts in our 1998 and 1997 financial statements and notes to conform with the
1999 presentation.
Investments
Fixed maturities are securities that mature more than one year after
issuance and include bonds, notes receivable and redeemable preferred stock.
Fixed maturities that we may sell prior to maturity are classified as actively
managed and are carried at estimated fair value, with any unrealized gain or
loss, net of tax and related adjustments, recorded as a component of
shareholder's equity. Fixed maturity securities that we intend to sell in the
near term are classified as trading and included in other invested assets. We
include any unrealized gain or loss on trading securities in net investment
gains.
Equity securities include investments in common stocks and non-redeemable
preferred stock. We carry these investments at estimated fair value. We record
any unrealized gain or loss, net of tax and related adjustments, as a component
of shareholder's equity.
Mortgage loans held in our investment portfolio are carried at amortized
unpaid balances, net of provisions for estimated losses.
Policy loans are stated at their current unpaid principal balances.
Other invested assets include trading securities and certain
non-traditional investments. Non-traditional investments include investments in
certain limited partnerships, mineral rights and promissory notes; we account
for them using either the cost method, or for investments in partnerships over
whose operations the Company exercises significant influence, the equity method.
We defer any fees received or costs incurred when we originate investments
(primarily mortgage loans). We amortize fees, costs, discounts and premiums as
yield adjustments over the contractual lives of the investments. We consider
anticipated prepayments on mortgage-backed securities in determining estimated
future yields on such securities.
When we sell a security (other than a trading security), we report the
difference between our sale proceeds and its amortized cost (determined based on
specific identification) as an investment gain or loss.
We regularly evaluate all of our investments based on current economic
conditions, credit loss experience and other investee-specific developments. If
there is a decline in a security's net realizable value that is other than
temporary, we treat it as a realized loss and reduce our cost basis of the
security to its estimated fair value.
F-7
<PAGE>
CONSECO VARIABLE INSURANCE COMPANY
Notes to Financial Statements
------------------------------
Cash and Cash Equivalents
Cash and cash equivalents include commercial paper, invested cash and other
investments purchased with maturities of less than three months. We carry them
at amortized cost, which approximates their estimated fair value.
Separate Accounts
Separate accounts are funds on which investment income and gains or losses
accrue directly to certain policyholders. The assets of these accounts are
legally segregated. They are not subject to the claims that may arise out of any
other business of the Company. We report separate account assets at market
value; the underlying investment risks are assumed by the contract holders. We
record the related liabilities at amounts equal to the market value of the
underlying assets. We record the fees earned for administrative and
contractholder services performed for the separate accounts in insurance policy
income.
Cost of Policies Produced
The costs that vary with, and are primarily related to, producing new
insurance business are referred to as cost of policies produced. We amortize
these costs using the interest rate credited to the underlying policy: (i) in
relation to the estimated gross profits for universal life-type and
investment-type products; or (ii) in relation to future anticipated premium
revenue for other products.
When we realize a gain or loss on investments backing our universal life or
investment-type products, we adjust the amortization to reflect the change in
estimated gross profits from the products due to the current realized gain or
loss and the effect of the event on future investment yields. We also adjust the
cost of policies produced for the change in amortization that would have been
recorded if actively managed fixed maturity securities had been sold at their
stated aggregate fair value and the proceeds reinvested at current yields. We
include the impact of this adjustment in accumulated other comprehensive income
(loss) within shareholder's equity.
Each year, we evaluate the recoverability of the unamortized balance of the
cost of policies produced. We consider estimated future gross profits or future
premiums, expected mortality or morbidity, interest earned and credited rates,
persistency and expenses in determining whether the balance is recoverable.
Cost of Policies Purchased
The cost assigned to the right to receive future cash flows from contracts
existing at the date of an acquisition is referred to as the cost of policies
purchased. The balance of this account is amortized, evaluated for recovery, and
adjusted for the impact of unrealized gains (losses) in the same manner as the
cost of policies produced described above.
The discount rate we use to determine the value of the cost of policies
purchased is the rate of return we need to earn in order to invest in the
business being acquired. In determining this required rate of return, we
consider many factors including: (i) the magnitude of the risks associated with
each of the actuarial assumptions used in determining expected future cash
flows; (ii) the cost of our capital required to fund the acquisition; (iii) the
likelihood of changes in projected future cash flows that might occur if there
are changes in insurance regulations and tax laws; (iv) the acquired company's
compatibility with other Company activities that may favorably affect future
cash flows; (v) the complexity of the acquired company; and (vi) recent prices
(i.e., discount rates used in determining valuations) paid by others to acquire
similar blocks of business.
Goodwill
Goodwill is the excess of the amount paid to acquire the Company over the
fair value of its net assets. Our analysis indicates that the anticipated
ongoing cash flows from the earnings of the Company extends significantly beyond
the maximum 40-year period allowed for goodwill amortization. Accordingly, we
amortize goodwill on the straight-line basis generally over a 40-year period. At
December 31, 1999, the total accumulated amortization of goodwill was $16.1
million. We continually
F-8
<PAGE>
CONSECO VARIABLE INSURANCE COMPANY
Notes to Financial Statements
------------------------------
monitor the value of our goodwill based on our estimates of future earnings. We
determine whether goodwill is fully recoverable from projected undiscounted net
cash flows from our earnings over the remaining amortization period. If we were
to determine that changes in such projected cash flows no longer support the
recoverability of goodwill over the remaining amortization period, we would
reduce its carrying value with a corresponding charge to expense or shorten the
amortization period (no such changes have occurred).
Recognition of Insurance Policy Income and Related Benefits and Expenses
on Insurance Contracts
Generally, we recognize insurance premiums for traditional life and
accident and health contracts as earned over the premium-paying periods. We
establish reserves for future benefits on a net-level premium method based upon
assumptions as to investment yields, mortality, morbidity, withdrawals and
dividends. We record premiums for universal life-type and investment-type
contracts that do not involve significant mortality or morbidity risk as
deposits to insurance liabilities. Revenues for these contracts consist of
mortality, morbidity, expense and surrender charges. We establish reserves for
the estimated present value of the remaining net costs of all reported and
unreported claims.
Reinsurance
In the normal course of business, we seek to limit our exposure to loss on
any single insured or to certain groups of policies by ceding reinsurance to
other insurance enterprises. We currently retain no more than $.5 million of
mortality risk on any one policy. We diversify the risk of reinsurance loss by
using a number of reinsurers that have strong claims-paying ratings. If any
reinsurer could not meet its obligations, the Company would assume the
liability. The likelihood of a material loss being incurred as the result of the
failure of one of our reinsurers is considered remote. The cost of reinsurance
is recognized over the life of the reinsured policies using assumptions
consistent with those used to account for the underlying policy. The cost of
reinsurance ceded totaled $23.1 million, $21.0 million and $24.2 million in
1999, 1998 and 1997, respectively. A receivable is recorded for the reinsured
portion of insurance policy benefits paid and liabilities for insurance
products. Reinsurance recoveries netted against insurance policy benefits
totaled $20.8 million, $21.8 million and $14.9 million in 1999, 1998 and 1997,
respectively.
Income Taxes
Our income tax expense includes deferred income taxes arising from
temporary differences between the tax and financial reporting bases of assets
and liabilities. In assessing the realization of deferred income tax assets, we
consider whether it is more likely than not that the deferred income tax assets
will be realized. The ultimate realization of deferred income tax assets depends
upon generating future taxable income during the periods in which temporary
differences become deductible. If future income is not generated as expected,
deferred income tax assets may need to be written off (no such write-offs have
occurred).
Investment Borrowings
As part of our investment strategy, we may enter into reverse repurchase
agreements and dollar-roll transactions to increase our investment return or to
improve our liquidity. We account for these transactions as collateral
borrowings, where the amount borrowed is equal to the sales price of the
underlying securities. Reverse repurchase agreements involve a sale of
securities and an agreement to repurchase the same securities at a later date at
an agreed-upon price. Dollar rolls are similar to reverse repurchase agreements
except that, with dollar rolls, the repurchase involves securities that are only
substantially the same as the securities sold. Such borrowings averaged $137.7
million during 1999 and $66.0 million during 1998. These borrowings were
collateralized by investment securities with fair values approximately equal to
the loan value. The weighted average interest rate on short-term collateralized
borrowings was 5.0 percent and 4.4 percent in 1999 and 1998, respectively. The
primary risk associated with short-term collateralized borrowings is that a
counterparty will be unable to perform under the terms of the contract. Our
exposure is limited to the excess of the net replacement cost of the securities
over the value of the short-term investments (such excess was not material at
December 31, 1999). We believe the counterparties to our reverse repurchase and
dollar-roll agreements are financially responsible and that the counterparty
risk is minimal.
F-9
<PAGE>
CONSECO VARIABLE INSURANCE COMPANY
Notes to Financial Statements
------------------------------
Use of Estimates
When we prepare financial statements in conformity with GAAP, we are
required to make estimates and assumptions that significantly affect various
reported amounts of assets and liabilities, and the disclosure of contingent
assets and liabilities at the date of the financial statements and revenues and
expenses during the reporting periods. For example, we use significant estimates
and assumptions in calculating values for the cost of policies produced, the
cost of policies purchased, goodwill, insurance liabilities, liabilities related
to litigation, guaranty fund assessment accruals and deferred income taxes. If
our future experience differs materially from these estimates and assumptions,
our financial statements could be affected.
Fair Values of Financial Instruments
We use the following methods and assumptions to determine the estimated
fair values of financial instruments:
Investment securities. For fixed maturity securities (including redeemable
preferred stocks) and for equity and trading securities, we use quotes from
independent pricing services, where available. For investment securities
for which such quotes are not available, we use values obtained from
broker-dealer market makers or by discounting expected future cash flows
using a current market rate appropriate for the yield, credit quality, and
(for fixed maturity securities) the maturity of the investment being
priced.
Cash and cash equivalents. The carrying amount for these instruments
approximates their estimated fair value.
Mortgage loans and policy loans. We discount future expected cash flows for
loans included in our investment portfolio based on interest rates
currently being offered for similar loans to borrowers with similar credit
ratings. We aggregate loans with similar characteristics in our
calculations.
Other invested assets. We use quoted market prices, where available. When
quotes are not available, we estimate the fair value based on: (i)
discounted future expected cash flows; or (ii) independent transactions
which establish a value for our investment. When we are unable to estimate
a fair value, we assume a market value equal to carrying value.
Insurance liabilities for interest-sensitive products. We discount future
expected cash flows based on interest rates currently being offered for
similar contracts with similar maturities.
Investment borrowings. Due to the short-term nature of these borrowings
(terms generally less than 30 days), estimated fair values are assumed to
approximate the carrying amount reported in the balance sheet.
Here are the estimated fair values of our financial instruments:
<TABLE>
<CAPTION>
1999 1998
--------------------------- ------------------------
Carrying Fair Carrying Fair
Amount Value Amount Value
------ ----- ------ -----
(Dollars in millions)
<S> <C> <C> <C> <C>
Financial assets:
Actively managed fixed maturities............................ $1,398.7 $1,398.7 $1,524.1 $1,524.1
Equity securities ........................................... 49.8 49.8 45.7 45.7
Mortgage loans............................................... 108.0 102.8 110.2 119.0
Policy loans................................................. 75.5 75.5 79.6 79.6
Other invested assets........................................ 50.8 50.8 120.3 120.3
Cash and cash equivalents.................................... 81.5 81.5 48.4 48.4
Financial liabilities:
Insurance liabilities for interest-sensitive products (1).... 1,289.2 1,289.2 1,365.2 1,365.2
Investment borrowings........................................ 135.1 135.1 65.7 65.7
F-10
<PAGE>
CONSECO VARIABLE INSURANCE COMPANY
Notes to Financial Statements
------------------------------
<FN>
(1) The estimated fair value of the liabilities for interest-sensitive
products was approximately equal to its carrying value at December 31,
1999 and 1998. This was because interest rates credited on the vast
majority of account balances approximate current rates paid on similar
products and because these rates are not generally guaranteed beyond
one year. We are not required to disclose fair values for insurance
liabilities, other than those for interest-sensitive products .
However, we take into consideration the estimated fair values of all
insurance liabilities in our overall management of interest rate risk.
We attempt to minimize exposure to changing interest rates by matching
investment maturities with amounts due under insurance contracts.
</FN>
</TABLE>
Recently Issued Accounting Standards
Statement of Financial Accounting Standards No. 133, "Accounting for
Derivative Instruments and Hedging Activities" ("SFAS 133"), as amended by
Statement of Financial Accounting Standards No. 137, "Deferral of the Effective
Date of FASB Statement No. 133" requires all derivative instruments to be
recorded on the balance sheet at estimated fair value. Changes in the fair value
of derivative instruments are to be recorded each period either in current
earnings or other comprehensive income, depending on whether a derivative is
designated as part of a hedge transaction and, if it is, on the type of hedge
transaction. SFAS 133 is required to be implemented in year 2001. We are
currently evaluating the impact of SFAS 133; at present, we do not believe it
will have a material effect on our consolidated financial position or results of
operations. Because of ongoing changes to implementation guidance, we do not
plan on adopting the new standard until the first quarter of 2001.
We implemented the Statement of Position 98-1, "Accounting for the Costs of
Computer Software Developed or Obtained for Internal Use" ("SOP 98-1") on
January 1, 1999. SOP 98-1 defines internal use software and when the costs
associated with internal use software should be capitalized. The implementation
of SOP 98-1 did not have a material effect on our consolidated financial
position or results of operations.
2. INVESTMENTS:
At December 31, 1999, the amortized cost and estimated fair value of
actively managed fixed maturities and equity securities were as follows:
<TABLE>
<CAPTION>
Gross Gross Estimated
Amortized unrealized unrealized fair
cost gains losses value
---- ----- ------ -----
(Dollars in millions)
<S> <C> <C> <C> <C>
Investment grade:
Corporate securities................................................ $ 840.6 $2.2 $59.3 $ 783.5
United States Treasury securities and obligations of
United States government corporations and agencies................ 15.5 .1 .7 14.9
States and political subdivisions................................... 11.7 - 1.1 10.6
Debt securities issued by foreign governments....................... 12.2 - 1.6 10.6
Mortgage-backed securities ......................................... 482.3 .2 22.7 459.8
Below-investment grade (primarily corporate securities)................ 129.5 2.4 12.6 119.3
-------- ---- ----- --------
Total actively managed fixed maturities........................... $1,491.8 $4.9 $98.0 $1,398.7
======== ==== ===== ========
Equity securities...................................................... $47.8 $3.9 $1.9 $49.8
===== ==== ==== =====
</TABLE>
F-11
<PAGE>
CONSECO VARIABLE INSURANCE COMPANY
Notes to Financial Statements
------------------------------
At December 31, 1998, the amortized cost and estimated fair value of
actively managed fixed maturities and equity securities were as follows:
<TABLE>
<CAPTION>
Gross Gross Estimated
Amortized unrealized unrealized fair
cost gains losses value
---- ----- ------ -----
(Dollars in millions)
<S> <C> <C> <C> <C>
Investment grade:
Corporate securities................................................ $ 860.4 $20.7 $15.0 $ 866.1
United States Treasury securities and obligations of
United States government corporations and agencies................ 26.9 .8 .2 27.5
States and political subdivisions................................... 17.3 .3 - 17.6
Debt securities issued by foreign governments....................... 11.7 - .8 10.9
Mortgage-backed securities ......................................... 487.4 8.0 1.2 494.2
Below-investment grade (primarily corporate securities)................ 116.8 1.2 10.2 107.8
-------- ----- ----- --------
Total actively managed fixed maturities........................... $1,520.5 $31.0 $27.4 $1,524.1
======== ===== ===== ========
Equity securities...................................................... $ 46.0 $ .8 $ 1.1 $ 45.7
======== ===== ===== ========
</TABLE>
Accumulated other comprehensive loss included in shareholder's equity as of
December 31, 1999 and 1998, is summarized as follows:
<TABLE>
<CAPTION>
1999 1998
---- ----
(Dollars in millions)
<S> <C> <C>
Unrealized gains (losses) on investments............................................................. $(90.8) .9
Adjustments to cost of policies purchased and cost of policies produced.............................. 46.3 (2.1)
Deferred income tax benefit.......................................................................... 16.1 .4
------ -----
Accumulated other comprehensive loss.......................................................... $(28.4) $ (.8)
====== =====
</TABLE>
The following table sets forth the amortized cost and estimated fair value
of actively managed fixed maturities at December 31, 1999, by contractual
maturity. Actual maturities will differ from contractual maturities because
borrowers may have the right to call or prepay obligations with or without call
or prepayment penalties. Most of the mortgage-backed securities shown below
provide for periodic payments throughout their lives.
<TABLE>
<CAPTION>
Estimated
Amortized fair
cost value
---- -----
(Dollars in millions)
<S> <C> <C>
Due in one year or less........................................................................ $ 8.2 $ 8.2
Due after one year through five years.......................................................... 90.8 89.5
Due after five years through ten years......................................................... 279.9 259.6
Due after ten years............................................................................ 628.2 579.4
-------- --------
Subtotal.................................................................................. 1,007.1 936.7
Mortgage-backed securities (a)................................................................. 484.7 462.0
-------- --------
Total actively managed fixed maturities ............................................... $1,491.8 $1,398.7
======== ========
<FN>
- --------------------
(a) Includes below-investment grade mortgage-backed securities with an amortized
cost and estimated fair value of $2.4 million and $2.2 million,
respectively.
</FN>
</TABLE>
F-12
<PAGE>
CONSECO VARIABLE INSURANCE COMPANY
Notes to Financial Statements
------------------------------
Net investment income consisted of the following:
<TABLE>
<CAPTION>
1999 1998 1997
---- ---- ----
(Dollars in millions)
<S> <C> <C> <C>
Actively managed fixed maturity securities........................................... $114.8 $118.4 $133.6
Equity securities.................................................................... 12.2 3.2 1.7
Mortgage loans....................................................................... 9.9 12.1 16.4
Policy loans......................................................................... 4.8 5.1 5.4
Other invested assets................................................................ 3.5 13.3 7.7
Cash and cash equivalents............................................................ 2.1 2.9 3.4
Separate accounts.................................................................... 151.8 44.1 55.7
------ ------ ------
Gross investment income.......................................................... 299.1 199.1 223.9
Investment expenses.................................................................. 1.5 1.1 1.3
------ ------ ------
Net investment income......................................................... $297.6 $198.0 $222.6
====== ====== ======
</TABLE>
The Company had no significant fixed maturity investments or mortgage loans
that were not accruing investment income in 1999, 1998 and 1997.
Investment gains (losses), net of investment expenses, were included in
revenue as follows:
<TABLE>
<CAPTION>
1999 1998 1997
---- ---- ----
(Dollars in millions)
<S> <C> <C> <C>
Fixed maturities:
Gross gains........................................................................ $ 8.6 $ 34.0 $20.6
Gross losses....................................................................... (14.5) (12.4) (5.1)
Other than temporary decline in fair value......................................... (1.3) - (.3)
------ ------ -----
Net investment gains (losses) from fixed maturities before expenses........... (7.2) 21.6 15.2
Other.................................................................................. .7 .1 2.2
------ ------ -----
Net investment gains (losses) before expenses................................. (6.5) 21.7 17.4
Investment expenses.................................................................... 3.5 3.2 4.1
------ ------ -----
Net investment gains (losses)................................................. $(10.0) $ 18.5 $13.3
====== ====== =====
</TABLE>
At December 31, 1999, the mortgage loan balance was primarily comprised of
commercial loans. Approximately 16 percent, 11 percent, 10 percent, 8 percent, 8
percent and 8 percent of the mortgage loan balance were on properties located in
Michigan, Texas, Florida, California, Georgia and Tennessee, respectively. No
other state comprised greater than 7 percent of the mortgage loan balance.
Noncurrent mortgage loans were insignificant at December 31, 1999. At December
31, 1999, our allowance for loss on mortgage loans was $.3 million.
Life insurance companies are required to maintain certain investments on
deposit with state regulatory authorities. Such assets had an aggregate carrying
value of $11.5 million at December 31, 1999.
The Company had no investments in any single entity in excess of 10 percent
of shareholder's equity at December 31, 1999, other than investments issued or
guaranteed by the United States government or a United States government agency.
F-13
<PAGE>
CONSECO VARIABLE INSURANCE COMPANY
Notes to Financial Statements
------------------------------
3. INSURANCE LIABILITIES:
These liabilities consisted of the following:
<TABLE>
<CAPTION>
Interest
Withdrawal Mortality rate
assumption assumption assumption 1999 1998
---------- ---------- ---------- ---- ----
(Dollars in millions)
<S> <C> <C> <C> <C> <C>
Future policy benefits:
Interest-sensitive products:
Investment contracts............................ N/A N/A (c) $ 976.7 $1,036.0
Universal life-type contracts................... N/A N/A N/A 312.5 329.2
---------- --------
Total interest-sensitive products............. 1,289.2 1,365.2
--------- --------
Traditional products:
Traditional life insurance contracts............ Company (a) 7.6% 137.0 139.9
experience
Limited-payment contracts....................... Company (b) 7.5% 105.8 106.3
experience, ---------- --------
if applicable
Total traditional products.................... 242.8 246.2
---------- --------
Claims payable and other policyholder funds ........ N/A N/A N/A 64.1 62.6
Liabilities related to separate accounts............ N/A N/A N/A 1,457.0 696.4
--------- --------
Total........................................... $3,053.1 $2,370.4
======== ========
<FN>
- -------------
(a) Principally, modifications of the 1975 - 80 Basic, Select and Ultimate
Tables.
(b) Principally, the 1984 United States Population Table and the NAIC 1983
Individual Annuitant Mortality Table.
(c) At December 31, 1999 and 1998, approximately 97 percent and 95 percent,
respectively, of this liability represented account balances where
future benefits are not guaranteed. The weighted average interest rate
on the remainder of the liabilities representing the present value of
guaranteed future benefits was approximately 6 percent at December 31,
1999.
</FN>
</TABLE>
4. INCOME TAXES:
Income tax liabilities were comprised of the following:
<TABLE>
<CAPTION>
1999 1998
---- ----
(Dollars in millions)
<S> <C> <C>
Deferred income tax liabilities (assets):
Investments (primarily actively managed fixed maturities).................................. $ 3.6 $ 5.4
Cost of policies purchased and cost of policies produced................................... 75.3 56.7
Insurance liabilities...................................................................... (39.2) (28.2)
Unrealized depreciation.................................................................... (16.1) (.4)
Other...................................................................................... 10.2 (2.2)
------ ------
Deferred income tax liabilities....................................................... 33.8 31.3
Current income tax liabilities (assets)........................................................ (.4) 6.2
------ ------
Income tax liabilities................................................................ $ 33.4 $ 37.5
====== ======
</TABLE>
F-14
<PAGE>
CONSECO VARIABLE INSURANCE COMPANY
Notes to Financial Statements
------------------------------
Income tax expense was as follows:
<TABLE>
<CAPTION>
1999 1998 1997
---- ---- ----
(Dollars in millions)
<S> <C> <C> <C>
Current tax provision..................................................................... $ 4.3 $20.8 $16.3
Deferred tax provision (benefit).......................................................... 9.3 (4.2) 5.8
----- ----- -----
Income tax expense............................................................... $13.6 $16.6 $22.1
===== ===== =====
</TABLE>
A reconciliation of the income tax provisions based on the U.S. statutory
corporate tax rate to the provisions reflected in the statement of operations is
as follows:
<TABLE>
<CAPTION>
1999 1998 1997
---- ---- ----
(Dollars in millions)
<S> <C> <C> <C>
Tax on income before income taxes at statutory rate....................................... 35.0% 35.0% 35.0%
State taxes............................................................................... 1.5 1.0 .7
Other..................................................................................... (1.4) (.8) .3
---- ---- ----
Income tax expense............................................................... 35.1% 35.2% 36.0%
==== ==== ====
</TABLE>
5. OTHER DISCLOSURES:
Litigation
The Company is involved on an ongoing basis in lawsuits related to its
operations. Although the ultimate outcome of certain of such matters cannot be
predicted, such lawsuits currently pending against the Company are not expected,
individually or in the aggregate, to have a material adverse effect on the
Company's financial condition, cash flows or results of operations.
Guaranty Fund Assessments
The balance sheet at December 31, 1999, includes: (i) accruals of $1.6
million, representing our estimate of all known assessments that will be levied
against the Company by various state guaranty associations based on premiums
written through December 31, 1999; and (ii) receivables of $1.1 million that we
estimate will be recovered through a reduction in future premium taxes as a
result of such assessments. These estimates are subject to change when the
associations determine more precisely the losses that have occurred and how such
losses will be allocated among the insurance companies. We recognized expense
for such assessments of $1.1 million in 1999, $1.1 million in 1998 and $1.2
million in 1997.
Related Party Transactions
The Company operates without direct employees through management and
service agreements with subsidiaries of Conseco. Fees for such services
(including data processing, executive management and investment management
services) are based on Conseco's direct and directly allocable costs plus a 10
percent margin. Total fees incurred by the Company under such agreements were
$43.4 million in 1999, $37.8 million in 1998 and $36.7 million in 1997.
During 1998 and 1997, the Company purchased $13.0 million and $11.2 million
par value, respectively, of senior subordinated notes issued by subsidiaries of
Conseco. The total carrying value of such notes purchased during 1998, 1997 and
prior years was $45.5 million at December 31, 1998. Such notes are classified as
"other invested assets" in the accompanying balance sheet. In 1999, all such
notes were repurchased from the Company by Conseco or its subsidiaries.
F-15
<PAGE>
CONSECO VARIABLE INSURANCE COMPANY
Notes to Financial Statements
------------------------------
6. OTHER OPERATING STATEMENT DATA:
Insurance policy income consisted of the following:
<TABLE>
<CAPTION>
1999 1998 1997
---- ---- ----
(Dollars in millions)
<S> <C> <C> <C>
Traditional products:
Direct premiums collected......................................................... $700.4 $445.8 $309.6
Reinsurance assumed............................................................... 18.7 15.6 14.9
Reinsurance ceded................................................................. (23.1) (21.0) (24.2)
------ ------ ------
Premiums collected, net of reinsurance...................................... 696.0 440.4 300.3
Less premiums on universal life and products
without mortality and morbidity risk which are
recorded as additions to insurance liabilities ................................ 654.1 400.4 255.9
------ ------ ------
Premiums on traditional products with mortality or morbidity risk,
recorded as insurance policy income...................................... 41.9 40.0 44.4
Fees and surrender charges on interest-sensitive products............................. 30.2 33.6 31.3
------ ------ ------
Insurance policy income..................................................... $ 72.1 $ 73.6 $ 75.7
====== ====== ======
</TABLE>
The five states with the largest shares of 1999 collected premiums were
California (14 percent), Texas (14 percent), Florida (13 percent), Michigan (8.8
percent) and Indiana (5.2 percent). No other state accounted for more than 4
percent of total collected premiums.
Changes in the cost of policies purchased were as follows:
<TABLE>
<CAPTION>
1999 1998 1997
---- ---- ----
(Dollars in millions)
<S> <C> <C> <C>
Balance, beginning of year............................................................ $ 98.0 $106.4 $143.0
Amortization...................................................................... (4.1) (21.1) (15.4)
Amounts related to fair value adjustment of actively managed fixed maturities 37.7 11.8 (21.2)
Other ............................................................................ - .9 -
------ ------ ------
Balance, end of year.................................................................. $131.6 $ 98.0 $106.4
====== ====== ======
</TABLE>
Based on current conditions and assumptions as to future events on all
policies in force, the Company expects to amortize approximately 9 percent of
the December 31, 1999, balance of cost of policies purchased in 2000, 10 percent
in 2001, 9 percent in 2002, 7 percent in 2003 and 6 percent in 2004. The
discount rates used to determine the amortization of the cost of policies
purchased ranged from 3.6 percent to 8.0 percent and averaged 5.8 percent.
Changes in the cost of policies produced were as follows:
<TABLE>
<CAPTION>
1999 1998 1997
---- ---- ----
(Dollars in millions)
<S> <C> <C> <C>
Balance, beginning of year............................................................ $ 82.5 $ 55.9 $38.2
Additions......................................................................... 62.7 35.3 31.8
Amortization...................................................................... (8.3) (11.0) (10.2)
Amounts related to fair value adjustment of actively managed fixed maturities 10.7 2.3 (3.9)
------ ------ -----
Balance, end of year.................................................................. $147.6 $ 82.5 $55.9
====== ====== =====
</TABLE>
F-16
<PAGE>
CONSECO VARIABLE INSURANCE COMPANY
Notes to Financial Statements
------------------------------
7. STATEMENT OF CASH FLOWS:
Income taxes paid during 1999, 1998, and 1997, were $2.1 million, $17.1
million and $14.8 million, respectively.
8. STATUTORY INFORMATION:
Statutory accounting practices prescribed or permitted by regulatory
authorities for insurance companies differ from GAAP. The Company reported the
following amounts to regulatory agencies:
<TABLE>
<CAPTION>
1999 1998
---- ----
(Dollars in millions)
<S> <C> <C>
Statutory capital and surplus.................................................. $112.6 $134.0
Asset valuation reserve........................................................ 41.4 30.9
Interest maintenance reserve................................................... 66.7 73.1
------- ------
Total...................................................................... $220.7 $238.0
====== ======
</TABLE>
Our statutory net income was $14.6 million, $32.7 million and $32.7 million
in 1999, 1998 and 1997, respectively. Statutory net income differs from net
income presented in our financial statements prepared in accordance with GAAP,
primarily because for GAAP reporting we are required to defer and amortize costs
that vary with and are primarily related to the production of new business as
described in note 1.
State insurance laws generally restrict the ability of insurance companies
to pay dividends or make other distributions. We may pay dividends to our parent
in 2000 of $12.8 million without permission from state regulatory authorities.
In 1998, the National Association of Insurance Commissioners adopted
codified statutory accounting principles, which are expected to constitute the
only source of prescribed statutory accounting practices and are effective in
2001. The changes to statutory accounting practices resulting from the
codification are not expected to have a material effect on the statutory capital
and surplus or statutory operating earnings data shown above.
F-17
PART C
OTHER INFORMATION
ITEM 24. FINANCIAL STATEMENTS AND EXHIBITS
A. FINANCIAL STATEMENTS
The financial statements of Conseco Variable Annuity Account G
(the "Separate Account") and Conseco Variable Insurance Company (the
"Company") are included in Part B hereof.
B. EXHIBITS
1. Resolution of Board of Directors of the Company
authorizing the establishment of the Variable Account.*
2. Not Applicable.
3. Form of Principal Underwriters Agreement.*
4. (i) Individual Fixed and Variable Deferred Annuity
Contract.*
(ii) Allocated Fixed and Variable Group Annuity
Contract.*
(iii) Allocated Fixed and Variable Group Annuity
Certificate.*
(iv) Endorsement Amending MVA Provision+
5. Application Form.*
6. (i) Copy of Articles of Incorporation of the Company.*
(ii) Copy of Articles of Amendment to the Articles of
Incorporation of the Company
(iii) Copy of Amended and Restated By-Laws of the Company.
7. Not Applicable.
8. (i) Form of Fund Participation Agreement between INVESCO
Variable Investment Funds, Inc., INVESCO Funds Group,
Inc. and the Company.*
(ii) Form of Fund Participation Agreement between The Alger
American Fund, Fred Alger and Company, Incorporated
and the Company.*
(iii) Form of Fund Participation Agreement between Van
Eck Worldwide Insurance Trust, Van Eck Associates
Corporation and the Company.*
(iv) Form of Fund Participation Agreement between Insurance
Management Series, Federated Securities Corp. and the
Company.*
(v) Form of Fund Participation Agreement between Lord
Abbett Series Fund, Inc. and the Company.**
(vi) Form of Fund Participation Agreement by and between American
Century Investment Services, Inc. and Great American Reserve
Insurance Company.***
(vii) Form of Fund Participation Agreement by and among Great American
Reserve Insurance Company, Berger Institutional Products Trust
and BBOI Worldwide LLC.***
(viii) Form of Fund Participation Agreement between Rydex Variable Trust
and the Company.
9. Opinion and Consent of Counsel.
10. Consent of Independent Accountants.
11. Not Applicable.
12. Not Applicable.
13. Calculation of Performance Information.
14. Not Applicable.
15. Company Organizational Chart.
27. Not Applicable.
* Incorporated by reference to Registrant's Form N-4 as electronically
filed on January 23, 1996.
** Incorporated by reference to Registrant's Pre-Effective
Amendment No. 1 to Form N-4 as electronically filed on January
29, 1997.
*** Incorporated by reference to Great American Reserve Variable
Annuity Account F, Pre-Effective Amendment No.1 to Form N-4, File
Nos. 333-40309/811-08483, filed electronically on February 3, 1998
and Incorporated by reference to Registrant's Post-Effective Amendment
No. 4 to Form N-4 (File Nos. 333-00373 and 811-07501) filed
electronically on March 2, 2000.
+Incorporated by reference to Registrant's Post-Effective Amendment
No. 4 to Form N-4 (File Nos. 333-00373 and 811-07501) filed
electronically on March 2, 2000.
ITEM 25. DIRECTORS AND OFFICERS OF THE DEPOSITOR
The following are the Executive Officers and Directors of the Company
which are engaged directly or indirectly in activities relating to the
Registrant or the Contracts offered by the Registrant:
<TABLE>
<CAPTION>
<S> <C>
Name and Principal Position and Offices
Business Address* with Depositor
- ------------------- ---------------------------------------
Ngaire E. Cuneo Director
Stephen C. Hilbert Director and Chairman of the Board
Rollin M. Dick Director, Executive Vice President and
Chief Financial Officer
Thomas J. Kilian Director and President
John J. Sabl Director, Executive Vice President,
General Counsel and Secretary
James S. Adams Senior Vice President, Chief Accounting
Officer and Treasurer
</TABLE>
*The Principal business address for all officers and directors listed above is
11825 N. Pennsylvania Street, Carmel, Indiana 46032.
ITEM 26. PERSONS CONTROLLED BY OR UNDER COMMON CONTROL WITH THE DEPOSITOR
OR REGISTRANT
The Company organizational chart is filed as Exhibit 15 herein.
ITEM 27. NUMBER OF CONTRACT OWNERS
As of February 28, 2000 there were 142 Qualified Contract Owners and 91
Non-Qualified Contract Owners.
ITEM 28. INDEMNIFICATION
The Bylaws (Article VI) of the Company provide, in part, that:
The Corporation shall indemnify any person who was or is a party, or is
threatened to be made a party, to any threatened, pending, or completed
action, suit or proceeding, whether civil, criminal, administrative, or
investigative, by reason of the fact that he is or was a director or
officer of the Corporation, or is or was serving at the request of the
Corporation as a director, officer, employee or agent of another
corporation, partnership, joint venture, trust or other enterprise
(collectively, "Agent") against expenses (including attorneys' fees),
judgments, fines, penalties, court costs and amounts paid in settlement
actually and reasonably incurred by him in connection with such
action, suit or proceeding if he acted in good faith and in a manner he
reasonably believed to be in or not opposed to the best interests of the
Corporation, and, with respect to any criminal action or proceeding,
had no reasonable cause to believe his conduct was unlawful. The
termination of any action, suit, or proceeding by judgment, order,
settlement (whether with or without court approval), conviction or upon
a plea of nolo contendere or its equivalent, shall not, of itself,
create a presumption that the Agent did not act in good faith and in a manner
which he reasonably believed to be in or not opposed to the best interests of
the Corporation, and, with respect to any criminal action or proceeding, had no
reasonable cause to believe that his conduct was unlawful. If several claims,
issues or matters are involved, an Agent may be entitled to indemnification as
to some matters even though he is not entitled as to other matters. Any director
or officer of the Corporation serving in any capacity of another corporation, of
which a majority of the shares entitled to vote in the election of its directors
is held, directly or indirectly, by the Corporation, shall be deemed to be doing
so at the request of the Corporation.
Insofar as indemnification for liability arising under the Securities Act
of 1933 may be permitted directors and officers or controlling persons of the
Company pursuant to the foregoing, or otherwise, the Company 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, therefore,
unenforceable. In the event that a claim for indemnification against such
liabilities (other than the payment by the Company of expenses incurred or paid
by a director, officer or controlling person of the Company 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
Company will, unless in the opinion of its counsel the matter has been settled
by controlling precedent, submit to a court of appropriate jurisdiction the
question whether such indemnification by it is against public policy as
expressed in the Act and will be governed by the final adjudication of such
issue.
ITEM 29. PRINCIPAL UNDERWRITERS
(a) Conseco Equity Sales, Inc. is the principal underwriter for the following
investment companies (other than Registrant):
Conseco Variable Annuity Account C
Conseco Variable Annuity Account E
Conseco Variable Annuity Account F
Conseco Variable Annuity Account H
Conseco Fund Group
Rydex Advisor Variable Annuity Account
BMA Variable Life Account A
(b) Conseco Equity Sales, Inc. ("CES") is the principal underwriter for the
Contracts and Certificates. The following persons are the officers and
directors of CES. The principal business address for each officer and
director of CES is 11815 N. Pennsylvania Street, Carmel, Indiana 46032.
<TABLE>
<CAPTION>
<C> <S> <C>
Name and Principal Positions and Offices
Business Address with Underwriter
------------------------ ---------------------------------------
L. Gregory Gloeckner President and Director
William P. Kovacs Vice President, General Counsel,
Secretary and Director
James S. Adams Senior Vice President, Chief Accounting
Officer, Treasurer and Director
William T. Devanney, Jr. Senior Vice President, Corporate
Taxes
Christene H. Darnell Vice President, Management
Reporting
Donald B. Johnston Vice President, Director Mutual Fund
Sales & Marketing
</TABLE>
(c) Not Applicable.
ITEM 30. LOCATION OF ACCOUNTS AND RECORDS
Lowell Short, whose address is 11815 N. Pennsylvania Street, Carmel, IN
46032, maintains physical possession of the accounts, books or documents of the
Separate Account required to be maintained by Section 31(a) of the Investment
Company Act of 1940 and the rules promulgated thereunder.
ITEM 31. MANAGEMENT SERVICES
Not Applicable.
ITEM 32. UNDERTAKINGS
a. Registrant hereby undertakes to file a post-effective amendment to this
registration statement as frequently as is necessary to ensure that the audited
financial statements in the registration statement are never more than sixteen
(16) months old for so long as payment under the variable annuity contracts may
be accepted.
b. Registrant hereby undertakes to include either (1) as part of any
application to purchase a contract offered by the Prospectus, a space that an
applicant can check to request a Statement of Additional Information, or (2) a
postcard or similar written communication affixed to or included in the
Prospectus that the applicant can remove to send for a Statement of Additional
Information.
c. Registrant hereby undertakes to deliver any Statement of Additional
Information and any financial statement required to be made available under this
Form promptly upon written or oral request.
d. Conseco Variable Insurance Company (the "Company") hereby represents
that the fees and charges deducted under the Contracts and Certificates
described in the Prospectus, in the aggregate, are reasonable in relation to the
services rendered, the expenses to be incurred and the risks assumed by the
Company.
REPRESENTATIONS
The Company hereby represents that it is relying upon a No-Action Letter issued
to the American Council of Life Insurance dated November 28, 1988 (Commission
ref. IP-6-88) and that the following provisions have been complied with:
1. Include appropriate disclosure regarding the redemption restrictions
imposed by Section 403(b)(11) in each registration statement, including the
prospectus, used in connection with the offer of the contract;
2. Include appropriate disclosure regarding the redemption restrictions
imposed by Section 403(b)(11) in any sales literature used in connection with
the offer of the contract;
3. Instruct sales representatives who solicit participants to purchase the
contract specifically to bring the redemption restrictions imposed by Section
403(b)(11) to the attention of the potential participants;
4. Obtain from each plan participant who purchases a Section 403(b) annuity
contract, prior to or at the time of such purchase, a signed statement
acknowledging the participant's understanding of (1) the restrictions on
redemption imposed by Section 403(b)(11), and (2) other investment alternatives
available under the employer's Section 403(b) arrangement to which the
participant may elect to transfer his contract value.
SIGNATURES
As required by the Securities Act of 1933 and the Investment Company Act of
1940, the Registrant certifies that it meets the requirements of Securities Act
Rule 485(b) for effectiveness of this Registration Statement and has caused this
Registration Statement to be signed on its behalf, in the City of Carmel, and
State of Indiana on this 20th day of April, 2000.
<TABLE>
<CAPTION>
<S> <C> <C>
CONSECO VARIABLE ANNUITY
ACCOUNT G
Registrant
By: CONSECO VARIABLE INSURANCE COMPANY
By: /s/THOMAS J. KILIAN
--------------------------------------------
By: CONSECO VARIABLE INSURANCE COMPANY
Depositor
By: /s/THOMAS J. KILIAN
--------------------------------------------
</TABLE>
As required by the Securities Act of 1933, this Registration Statement has been
signed by the following persons in the capacities and on the dates indicated.
<TABLE>
<CAPTION>
<S> <C> <C>
SIGNATURE TITLE DATE
- ------------------------ -------------------------- ---------------
/s/NGAIRE E. CUNEO Director 4/20/00
- ------------------------ -----------------
Ngaire E. Cuneo
/s/THOMAS J. KILIAN Director 4/20/00
- ------------------------ -----------------
Thomas J. Kilian
/s/STEPHEN C. HILBERT Director and Chairman of 4/20/00
- ------------------------ the Board (Principal -----------------
Stephen C. Hilbert Executive Officer)
Director, Executive Vice
/s/ROLLIN M. DICK President and Chief 4/20/00
- ------------------------ Financial Officer -----------------
Rollin M. Dick (Principal Financial Officer)
/s/JOHN J. SABL Director 4/20/00
- ----------------------- -----------------
John J. Sabl
/s/JAMES S. ADAMS Senior Vice President and 4/20/00
- ----------------------- Treasurer (Chief Accounting -----------------
James S. Adams Officer)
</TABLE>
EXHIBITS
TO
POST-EFFECTIVE AMENDMENT NO. 5
TO
FORM N-4
FOR
CONSECO VARIABLE ANNUITY ACCOUNT G
CONSECO VARIABLE INSURANCE COMPANY
INDEX TO EXHIBITS
EXHIBIT PAGE
EX-99.B6(ii) Articles of Amendment to the Articles of Incorporation
of the Company
EX-99.B6(iii) Amended and Restated By-Laws of the Company
EX-99.B8(viii) Form of Fund Participation Agreement between Rydex Variable Trust
and the Company
EX-99.B9 Opinion of Consent of Counsel
EX-99.B10 Consent of Independent Accountants
EX-99.B13 Calculation of Performance Information
EX-99.B15 Company Organizational Chart
ARTICLES OF AMENDMENT
TO THE
ARTICLES OF INCORPORATION
OF
GREAT AMERICAN RESERVE INSURANCE COMPANY
Pursuant to the provisions of Article 4.04 of the Texas Business
Corporation Act and Article 3.05 of the Insurance Code of Texas, Great American
Reserve Insurance Company (herein after referred to as the "Company") adopts the
following Articles of Amendment to its Articles of Incorporation:
ARTICLE ONE
The following amendment to the Articles of Incorporation was adopted by the
sole shareholder of the Company pursuant to a Written Consent dated June 3,
1998:
RESOLVED, that Article One of the Articles of Incorporation of the Company
be amended to read as follows:
"ARTICLE ONE
The name of the corporation shall be Conseco Variable Insurance Company."
ARTICLE TWO
The total number of shares of the Company outstanding at the time of such
adoption was one million forty-three thousand five hundred sixty-five
(1,043,565) and the number of shares entitled to vote thereon was one million
forty-three thousand five hundred sixty-five (1,043,565).
ARTICLE THREE
The holder of all of the one million forty-three thousand five hundred
sixty-five (1,043,565) shares outstanding and entitled to vote on said amendment
has signed a consent in writing voting for said amendment. No votes were cast
against said amendment.
IN WITNESS WHEREOF, the undersigned officer executes these Articles of
Amendment to the Articles of Incorporation of Great American Reserve Insurance
Company, this 15th day of June 1998.
GREAT AMERICAN RESERVE INSURANCE
COMPANY
Thomas J. Kilian, President
Attest:
Michael A. Colliflower, Assistant
Secretary
STATE OF INDIANA )
)
COUNTY OF HAMILTON )
Before me, a Notary Public in and for said County and State personally
appeared Thomas J. Kilian, President, and Michael A. Colliflower, Assistant
Secretary, of Great American Reserve Insurance Company who acknowledge the
execution of the foregoing instrument, and who, having been duly sworn, stated
that any representations contained therein are true.
Witness my hand and Notarial Seal this 15th day of June, 1998.
_____________________, Notary Public
Residing in ___________ County, IN
Commission Expires ____________
Amended and Restated
BY-LAWS
OF
CONSECO VARIABLE INSURANCE COMPANY
December 4, 1998
<TABLE>
<CAPTION>
TABLE OF CONTENTS
Page
ARTICLE I. Indentification
<S> <C> <C>
Section 1. Name................................................................................ 1
Section 2. Registered Office and Registered Agent.............................................. 1
Section 3. Principal Office.................................................................... 1
Section 4. Other Offices....................................................................... 1
Section 5. Seal................................................................................ 1
Section 6. Fiscal Year......................................................................... 1
ARTICLE II. Shareholders.
Section 1. Place of Meeting.................................................................... 2
Section 2. Annual Meetings..................................................................... 2
Section 3. Special Meetings.................................................................... 2
Section 4. Notice of Meeting................................................................... 2
Section 5. Waiver of Notice.................................................................... 2
Section 6. Voting at Meetings.................................................................. 3
(a) Voting Rights.................................................................. 3
(b) Record Date.................................................................... 3
(c) Proxies........................................................................ 3
(d) Quorum......................................................................... 4
(e) Adjournments................................................................... 4
Section 7. List of Shareholders................................................................ 4
Section 8. Action by Written Consent........................................................... 5
Section 9. Meeting by Telephone or Similar
Communications Equipment............................................................ 5
ARTICLE III. Directors.
Section 1. Duties.............................................................................. 6
Section 2. Number of Directors................................................................. 6
Section 3. Election and Term................................................................... 6
Section 4. Resignation......................................................................... 6
Section 5. Vacancies........................................................................... 7
Section 6. Annual Meetings..................................................................... 7
Section 7. Regular Meetings.................................................................... 7
Section 8. Special Meetings.................................................................... 7
Section 9. Notice.............................................................................. 7
Section 10. Waiver of Notice.................................................................... 7
Section 11. Business to be Transacted........................................................... 8
Section 12. Quorum - Adjournment if Quorum is Not
Present............................................................................. 8
(i)
Page
Section 13. Presumption of Assent............................................................... 8
Section 14. Action by Written Consent........................................................... 9
Section 15. Committees.......................................................................... 9
Section 16. Meeting by Telephone or Similar
Communication Equipment.............................................................10
ARTICLE IV. Officers.
Section 1. Principal Officers..................................................................10
Section 2. Election and Terms..................................................................10
Section 3. Resignation and Removal.............................................................10
Section 4. Vacancies...........................................................................11
Section 5. Powers and Duties of Officers.......................................................11
Section 6. Chairman of the Board...............................................................11
Section 7. President...........................................................................11
Section 8. Vice President......................................................................12
Section 9. Secretary...........................................................................12
Section 10. Treasurer...........................................................................12
Section 11. Assistant Secretaries...............................................................13
Section 12. Assistant Treasurers................................................................13
Section 13. Delegation of Authority.............................................................13
Section 14. Securities of Other Corporation.....................................................14
ARTICLE V. Directors' Services, Limitation of
Liability and Reliance on Corporate
Records, and Interest of Directors
in Contracts.
Section 1. Services............................................................................14
Section 2. General Limitation of Liability.....................................................14
Section 3. Reliance on Corporate Records and
Other Information...................................................................15
Section 4. Interest of Directors in Contracts..................................................15
ARTICLE VI. Indemnification.
Section 1. Indemnification against Underlying
Liability...........................................................................16
Section 2. Successful Defense..................................................................17
Section 3. Determination of Conduct............................................................17
Section 4. Payment of Expenses in Advance......................................................18
Section 5. Indemnity Not Exclusive.............................................................18
Section 6. Insurance Indemnification...........................................................18
Section 7. Employee Benefit Plans..............................................................19
Section 8. Application of Indemnification and
Advancement of Expenses.............................................................19
Section 9. Indemnification Payments............................................................19
(ii)
Page
ARTICLE VII. Shares.
Section 1. Share Certificates..................................................................20
Section 2. Transfer of Shares..................................................................20
Section 3. Registered Holders..................................................................20
Section 4. Lost, Destroyed and Mutilated
Certificates........................................................................21
Section 5. Consideration for Shares............................................................21
Section 6. Payment for Shares..................................................................21
Section 7. Distributions to Shareholders.......................................................22
Section 8. Regulations.........................................................................22
ARTICLE VIII. Corporate Books and Reports.
Section 1. Place of Keeping Corporate Books
and Records.........................................................................22
Section 2. Place of Keeping Certain Corporate
Books and Records...................................................................22
Section 3. Permanent Records...................................................................23
Section 4. Shareholder Records.................................................................23
Section 5. Shareholder Rights of Inspection....................................................23
Section 6. Additional Rights of Inspection.....................................................23
ARTICLE IX. Miscellaneous.
Section 1. Notice and Waiver of Notice.........................................................24
Section 2. Depositories........................................................................24
Section 3. Signing of Checks, Notes, etc.......................................................25
Section 4. Gender and Number...................................................................25
Section 5. Laws................................................................................25
Section 6. Headings............................................................................25
ARTICLE X. Amendments..........................................................................25
- --------- ----------
ARTICLE XI. The Texas Business Corporation Act..................................................26
- ---------- ----------------------------------
</TABLE>
(iii)
<PAGE>
BY-LAWS
OF
CONSECO VARIABLE INSURANCE COMPANY
ARTICLE I
Identification
Section 1. Name. The name of the Corporation is Conseco Variable Insurance
Company (hereinafter referred to as the "Corporation").
Section 2. Registered Office and Registered Agent. The
Registered Office and Registered Agent of the Corporation is located in
Amarillo, Texas and may be changed from time to time by the Board of Directors
in the manner provided by law.
Section 3. Principal Office. The address of the Principal
Office of the Corporation is 11815 North Pennsylvania Street, Carmel, Indiana
46032. The Principal Office of the Corporation shall be the principal executive
and administrative offices of the Corporation, and such Principal Office may be
changed from time to time by the Board of Directors in the manner provided by
law and need not be the same as the Registered Office of the Corporation.
Section 4. Other Offices. The Corporation may also have
offices at such other places or locations, within or without the State of Texas,
as the Board of Directors may determine or the business of the Corporation may
require.
Section 5. Seal. The Corporation need not use a seal. If one
is used, it shall be circular in form and mounted upon a metal die suitable for
impressing the same upon paper. About the upper periphery of the seal shall
appear the words "Conseco Variable Insurance Company" and about the lower
periphery thereof the word "Texas". In the center of the seal shall appear the
word "Seal". The seal may be altered by the Board of Directors at its pleasure
and may be used by causing it or a facsimile thereof to be impressed, affixed,
printed or otherwise reproduced.
Section 6. Fiscal Year. The fiscal year of the Corporation shall begin at
the beginning of the first day of January in each year and end at the close of
the last day of December next succeeding.
[PG NUMBER]
ARTICLE II
Shareholders
Section 1. Place of Meeting. All meetings of shareholders of
the Corporation shall be held at such place, within or without the State of
Texas, as may be determined by the President or Board of Directors and specified
in the notices or waivers of notice thereof or proxies to represent shareholders
at such meetings.
Section 2. Annual Meetings. An annual meeting of shareholders
shall be held each year on such date and at such time as may be determined by
the President or Board of Directors. The failure to hold an annual meeting at
the designated time shall not affect the validity of any corporate action. Any
and all business of any nature or character may be transacted, and action may be
taken thereon, at any annual meeting, except as otherwise provided by law or by
these By-laws.
Section 3. Special Meetings. A special meeting of shareholders
shall be held: (a) on call of the Board of Directors or the President; or (b) if
the holders of at least twenty-five percent (25%) of all the votes entitled to
be cast on any issue proposed to be considered at the proposed special meeting
sign, date and deliver to the Secretary one (1) or more written demands for the
meeting describing the purpose or purposes for which it is to be held. At any
special meeting of the shareholders, only business within the purpose or
purposes described in the notice of the meeting may be conducted.
Section 4. Notice of Meeting. Written or printed notice
stating the date, time and place of a meeting and, in case of a special meeting,
the purpose or purposes for which the meeting is called, shall be delivered or
mailed by the Secretary, or by the officers or persons calling the meeting, to
each shareholder of record of the Corporation entitled to vote at the meeting,
at such address as appears upon the records of the Corporation, no fewer than
ten (10) days nor more than sixty (60) days, before the meeting date. If mailed,
such notice shall be effective when mailed if correctly addressed to the
shareholder's address shown in the Corporation's current record of shareholders.
Section 5. Waiver of Notice. A shareholder may waive any
notice required by law, the Articles of Incorporation or these By-laws before or
after the date and time stated in the notice. The waiver by the shareholder
entitled to the notice must be in writing and be delivered to the Corporation
for inclusion in the minutes or filing with the corporate records. A
shareholder's attendance at a meeting, in person or by proxy: (a) waives
objection to lack of notice or defective notice of the meeting, unless the
shareholder at the beginning of the meeting objects to holding the meeting or
transacting business at the meeting; and (b) waives objection to consideration
of a particular matter at the meeting that is not within the purpose or purposes
described in the meeting notice, unless the shareholder objects to considering
the matter when it is presented.
Section 6. Voting at Meetings.
(a) Voting Rights. At each meeting of the
shareholders, each outstanding share, regardless of class, is
entitled to one (1) vote on each matter voted on at such
meeting, except to the extent cumulative voting is allowed by
the Articles of Incorporation. Only shares are entitled to
vote.
(b) Record Date. The record date for purposes of
determining shareholders entitled to vote at any meeting shall
be ten (10) days prior to the date of such meeting or such
different date not more than seventy (70) days prior to such
meeting as may be fixed by the Board of Directors.
(c) Proxies.
(1) A shareholder may vote the shareholder's
shares in person or by proxy.
(2) A shareholder may appoint a proxy to
vote or otherwise act for the shareholder by
executing in writing an appointment form, either
personally or by the shareholder's attorney-in-fact.
For purposes of this Section, a proxy appointed by
telegram, telex, telecopy or other document
transmitted electronically for or by a shareholder
shall be deemed "executed in writing" by the
shareholder.
(3) An appointment of a proxy is effective
when received by the Secretary or other officer or
agent authorized to tabulate votes. An appointment is
valid for eleven (11) months, unless a longer period
is expressly provided in the appointment form.
(4) An appointment of a proxy is revocable
by the shareholder, unless the appointment form
conspicuously states that it is irrevocable and the
appointment is coupled with an interest.
(d) Quorum. At all meetings of shareholders, a
majority of the votes entitled to be cast on a particular
matter constitutes a quorum on that matter. If a quorum
exists, action on a matter (other than the election of
directors) is approved if the votes cast favoring the action
exceed the votes cast opposing the action, unless the Articles
of Incorporation or law require a greater number of
affirmative votes.
(e) Adjournments. Any meeting of shareholders,
including both annual and special meetings and any
adjournments thereof, may be adjourned to a different date,
time or place. Notice need not be given of the new date, time
or place if the new date, time or place is announced at the
meeting before adjournment, even though less than a quorum is
present. At any such adjourned meeting at which a quorum is
present, in person or by proxy, any business may be transacted
which might have been transacted at the meeting as originally
notified or called.
Section 7. List of Shareholders.
(a) After a record date has been fixed for a meeting
of shareholders, the Secretary shall prepare or cause to be
prepared an alphabetical list of the names of the shareholders
of the Corporation who are entitled to vote at such meeting.
The list shall show the address of and number of shares held
by each shareholder.
(b) The shareholders' list must be available for
inspection by any shareholder entitled to vote at the meeting,
beginning five (5) business days before the date of the
meeting for which the list was prepared and continuing through
the meeting, at the Corporation's principal office or at a
place identified in the meeting notice in the city where the
meeting will be held. Subject to the restrictions of
applicable law, a shareholder, or the shareholder's agent or
attorney authorized in writing, is entitled on written demand
to inspect and to copy the list, during regular business hours
and at the shareholder's expense, during the period it is
available for inspection.
(c) The Corporation shall make the shareholders' list
available at the meeting, and any shareholder, or the
shareholder's agent or attorney authorized in writing, is
entitled to inspect the list at any time during the meeting or
any adjournment.
Section 8. Action by Written Consent. Any action required or
permitted to be taken at any meeting of the shareholders may be taken without a
meeting if the action is taken by all the shareholders entitled to vote on the
action. The action must be evidenced by one or more written consents describing
the action taken, signed by all the shareholders entitled to vote on the action,
and delivered to the Corporation for inclusion in the minutes or filing with the
corporate records. Such action is effective when the last shareholder signs the
consent, unless the consent specifies a different prior or subsequent effective
date. Such consent shall have the same force and effect as a unanimous vote at a
meeting of the shareholders, and may be described as such in any document or
instrument.
Section 9. Meeting by Telephone or Similar Communications
Equipment. Any or all shareholders may participate in and hold a meeting of
shareholders by, or through the use of, any means of conference telephone or
other similar communications equipment by which all persons participating in the
meeting may simultaneously hear each other during the meeting. Participation in
a meeting pursuant to this Section shall constitute presence in person at such
meeting, except where a person participates in the meeting for the express
purposes of: (a) objecting to holding the meeting or transacting business at the
meeting on the ground that the meeting is not lawfully called or convened; or
(b) objecting to the consideration of a particular matter that is not within the
purpose or purposes described in the meeting notice.
ARTICLE III
Directors
Section 1. Duties. The business, property and affairs of the
Corporation shall be managed and controlled by the Board of Directors and,
subject to such restrictions, if any, as may be imposed by law, the Articles of
Incorporation or by these By-laws, the Board of Directors may, and are fully
authorized to, do all such lawful acts and things as may be done by the
Corporation which are not directed or required to be exercised or done by the
shareholders. Directors need not be residents of the State of Texas or
shareholders of the Corporation.
Section 2. Number of Directors. The Board of Directors shall
consist of at least five (5) and not more than fifteen (15) directors. A Board
of Directors shall be chosen annually by the shareholders at their annual
meeting, except as hereinafter provided. Subject to Article VI of the Articles
of Incorporation, the number of directors may be increased or decreased from
time to time by amendment to these By-Laws, but no decrease shall have the
effect of shortening the term of any incumbent director. A person need not be a
shareholder of the Corporation to serve as a Director. The Directors' terms of
office shall be for one year, or until their successors are elected and have
qualified.
Section 3. Election and Term. Except as otherwise provided in
Section 5 of this Article, the directors shall be elected each year at the
annual meeting of the shareholders, or at any special meeting of the
shareholders. Each such director shall hold office, unless he is removed in
accordance with the provisions of these By-laws or he resigns or dies or becomes
so incapacitated he can no longer perform any of his duties as a director, for
the term for which he is elected and until his successor shall have been elected
and qualified. Each director shall qualify by accepting his election to office
either expressly or by acting as a director. The shareholders or directors may
remove any director, with or without cause, and elect a successor at a meeting
called expressly for such purpose.
Section 4. Resignation. Any director may resign at any time by
delivering written notice to the Board of Directors, the President, or the
Secretary of the Corporation. A resignation is effective when the notice is
delivered unless the notice specifies a later effective date. The acceptance of
a resignation shall not be necessary to make it effective, unless expressly so
provided in the resignation.
Section 5. Vacancies. Vacancies occurring in the membership of
the Board of Directors caused by resignation, death or other incapacity, or
increase in the number of directors shall be filled by a majority vote of the
remaining members of the Board, and each director so elected shall serve until
the next meeting of the shareholders, or until a successor shall have been duly
elected and qualified.
Section 6. Annual Meetings. The Board of Directors shall meet annually,
without notice, immediately following, and at the same place as, the annual
meeting of the shareholders.
Section 7. Regular Meetings. Regular meetings shall be held at such times
and places, either within or without the State of Texas, as may be determined by
the President or the Board of Directors.
Section 8. Special Meetings. Special meetings of the Board of
Directors may be called by the President or by two (2) or more members of the
Board of Directors, at any place within or without the State of Texas, upon
twenty-four (24) hours' notice, specifying the time, place and general purposes
of the meeting, given to each director personally, by telephone, telegraph,
teletype, or other form of wire or wireless communication; or notice may be
given by mail if mailed at least three (3) days before such meeting.
Section 9. Notice. The Secretary or an Assistant Secretary
shall give notice of each special meeting, and of the date, time and place of
the particular meeting, in person or by mail, or by telephone, telegraph,
teletype, or other form of wire or wireless communication, and in the event of
the absence of the Secretary or an Assistant Secretary or the failure,
inability, refusal or omission on the part of the Secretary or an Assistant
Secretary so to do, any other officer of the Corporation may give said notice.
Section 10. Waiver of Notice. A director may waive any notice
required by law, the Articles of Incorporation, or these By-laws before or after
the date and time stated in the notice. Except as otherwise provided in this
Section, the waiver by the director must be in writing, signed by the director
entitled to the notice, and included in the minutes or filed with the corporate
records. A director's attendance at or participation in a meeting waives any
required notice to the director of the meeting unless the director at the
beginning of the meeting (or promptly upon the director's arrival) objects to
holding the meeting or transacting business at the meeting and does not
thereafter vote for or assent to action taken at the meeting.
Section 11. Business to be Transacted. Neither the business to
be transacted at, nor the purpose of, any regular or special meeting of the
Board of Directors need be specified in the notice or any waiver of notice of
such meeting. Any and all business of any nature or character whatsoever may be
transacted and action may be taken thereon at any meeting, regular or special,
of the Board of Directors.
Section 12. Quorum - Adjournment if Quorum is Not Present. A
majority of the number of directors fixed by, or in the manner provided in, the
Articles of Incorporation or these By-laws shall constitute a quorum for the
transaction of any and all business, unless a greater number is required by law
or Articles of Incorporation or these By-laws. At any meeting, regular or
special, of the Board of Directors, if there be less than a quorum present, a
majority of those present, or if only one director be present, then such
director, may adjourn the meeting from time to time without notice until the
transaction of any and all business submitted or proposed to be submitted to
such meeting or any adjournment thereof shall have been completed. In the event
of such adjournment, written, telegraphic or telephonic announcement of the time
and place at which the meeting will reconvene must be provided to all directors.
The act of the majority of the directors present at any meeting of the Board of
Directors at which a quorum is present shall constitute the act of the Board of
Directors, unless the act of a greater number is required by law or the Articles
of Incorporation or these By-laws.
Section 13. Presumption of Assent. A director of the
Corporation who is present at a meeting of the Board of Directors at which
action on any corporate matter is taken shall be presumed to have assented to
the action taken unless his dissent or abstention shall be entered in the
minutes of the meeting or unless he shall file his written dissent or abstention
to such action with the presiding officer of the meeting before the adjournment
thereof or to the Secretary of the Corporation immediately after the adjournment
of the meeting. Such right to dissent or abstain shall not apply to a director
who voted in favor of such action.
Section 14. Action by Written Consent. Any action required or
permitted to be taken at a meeting of the Board of Directors or any committee
thereof may be taken without a meeting if the action is taken by all the members
of the Board of Directors or committee, as the case may be. The action must be
evidenced by one or more written consents describing the action taken, signed by
each director or committee member, and included in the minutes or filed with the
corporate records reflecting the action taken. Such action is effective when the
last director or committee member signs the consent, unless the consent
specifies a different prior or subsequent effective date. Such consent shall
have the same force and effect as a unanimous vote at a meeting, and may be
described as such in any document or instrument.
Section 15. Committees. The Board of Directors, by resolution
adopted by a majority of the Board of Directors, may designate from among its
members an executive committee and one or more other committees, each of which,
to the extent provided in such resolution or in the Articles of Incorporation or
in these By-laws of the Corporation, shall have and may exercise such authority
of the Board of Directors as shall be expressly delegated by the Board from time
to time; except that no such committee shall have the authority of the Board of
Directors in reference to (a) amending the Articles of Incorporation; (b)
approving a plan of merger even if the plan does not require shareholder
approval; (c) authorizing dividends or distributions, except a committee may
authorize or approve a reacquisition of shares, if done according to a formula
or method prescribed by the Board of Directors; (d) approving or proposing to
shareholders action that requires shareholder approval; (e) amending, altering
or repealing the By-laws of the Corporation or adopting new By-laws for the
Corporation; (f) filling vacancies in the Board of Directors or in any of its
committees; or (g) electing or removing officers or members of any such
committee. A majority of all the members of any such committee may determine its
action and fix the time and place of its meetings, unless the Board of Directors
shall otherwise provide. The Board of Directors shall have power at any time to
change the number and members of any such committee, to fill vacancies and to
discharge any such committee. The designation of such committee and the
delegation thereto of authority shall not alone constitute compliance by the
Board of Directors, or any member thereof, with the standard of conduct imposed
upon it or him by the Texas Business Corporation Act, as the same may, from time
to time, be amended.
Section 16. Meeting by Telephone or Similar Communication
Equipment. Any or all directors may participate in and hold a regular or special
meeting of the Board of Directors or any committee thereof by, or through the
use of, any means of conference telephone or other similar communications
equipment by which all directors participating in the meeting may simultaneously
hear each other during the meeting. Participation in a meeting pursuant to this
Section shall constitute presence in person at such meeting, except where a
director participates in the meeting for the express purpose of objecting to
holding the meeting or transacting business at the meeting on the ground that
the meeting is not lawfully called or convened.
ARTICLE IV
Officers
Section 1. Principal Officers. The officers of the Corporation
shall be chosen by the Board of Directors and shall consist of a Chairman of the
Board, a President, a Treasurer and a Secretary. There may also be one or more
Vice Presidents and such other officers or assistant officers as the Board shall
from time to time create and so elect. Any two (2) or more offices may be held
by the same person.
Section 2. Election and Terms. Each officer shall be elected
by the Board of Directors at the annual meeting thereof and shall hold office
until the next annual meeting of the Board or until his or her successor shall
have been elected and qualified or until his or her death, resignation or
removal. The election of an officer shall not of itself create contract rights.
Section 3. Resignation and Removal. An officer may resign at
any time by delivering notice to the Board of Directors, its President or the
Secretary of the Corporation. A resignation is effective when the notice is
delivered unless the notice specifies a later effective date. If an officer's
resignation is made effective at a later date and the Corporation accepts the
future effective date, the Board of Directors may fill the pending vacancy
before the effective date, if the Board of Directors provides that the successor
does not take office until the effective date. The acceptance of a resignation
shall not be necessary to make it effective, unless expressly provided in the
resignation. An officer's resignation does not affect the Corporation's contract
rights, if any, with the officer. Any officer may be removed at any time, with
or without cause, by vote of a majority of the whole Board. Such removal shall
not affect the contract rights, if any, of the officer so removed.
Section 4. Vacancies. Whenever any vacancy shall occur in any
office by death, resignation, increase in the number of officers of the
Corporation, or otherwise, the same shall be filled by the Board of Directors,
and the officer so elected shall hold office until the next annual meeting of
the Board or until his or her successor shall have been elected and qualified.
Section 5. Powers and Duties of Officers. The officers so
chosen shall perform the duties and exercise the powers expressly conferred or
provided for in these By-laws, as well as the usual duties and powers incident
to such office, respectively, and such other duties and powers as may be
assigned to them by the Board of Directors or by the President.
Section 6. Chairman of the Board. The Chairman of the Board
shall be the Chief Executive Officer of the Corporation and shall have general
charge of, and supervision and authority over, all of the affairs and business
of the Corporation. He shall have general supervision of and direct all
officers, agents and employees of the Corporation; shall see that all orders and
resolutions of the Board are carried into effect; and in general, shall exercise
all powers and perform all duties incident to his office and such other powers
and duties as may from time to time be assigned to him by the Board.
Section 7. President. The President shall have the authority
to sign, with the Secretary or an Assistant Secretary, any and all certificates
for shares of the capital stock of the Corporation, and shall have the authority
to sign singly deeds, bonds, mortgages, contracts, or other instruments to which
the Corporation is a party (except in cases where the signing and execution
thereof shall be expressly delegated by the Board or by these By-laws, or by law
to some other officer or agent of the Corporation); and, in the absence,
disability or refusal to act of the Chairman of the Board, shall preside at
meetings of the shareholders and of the Board of Directors and shall possess all
of the powers and perform all of the duties of the Chairman of the Board. He
shall also serve the Corporation in such other capacities and perform such other
duties and have such additional authority and powers as are incident to his
office or as may be defined in these By-laws or delegated to him from time to
time by the Board of Directors or by the Chairman of the Board.
Section 8. Vice Presidents. The Vice Presidents shall assist
the President and shall perform such duties as may be assigned to them by the
Board of Directors or the President. Unless otherwise provided by the Board, in
the absence or disability of the President, the Vice President (or, if there be
more than one, the Vice President first named as such by the Board of Directors
at its most recent meeting at which Vice Presidents were elected) shall execute
the powers and perform the duties of the President. Any action taken by a Vice
President in the performance of the duties of the President shall be conclusive
evidence of the absence or inability to act of the President at the time such
action was taken.
Section 9. Secretary. The Secretary (a) shall keep the minutes
of all meetings of the Board of Directors and the minutes of all meetings of the
shareholders in books provided for that purpose; (b) shall attend to the giving
and serving of all notices; (c) when required, may sign with the President or a
Vice President in the name of the Corporation, and may attest the signature of
any other officers of the Corporation to all contracts, conveyances, transfers,
assignments, encumbrances, authorizations and all other instruments, documents
and papers, of any and every description whatsoever, of or executed for or on
behalf of the Corporation and affix the seal of the Corporation thereto; (d) may
sign with the President or a Vice President all certificates for shares of the
capital stock of the Corporation and affix the corporate seal of the Corporation
thereto; (e) shall have charge of and maintain and keep or supervise and control
the maintenance and keeping of the stock certificate books, transfer books and
stock ledgers and such other books and papers as the Board of Directors may
authorize, direct or provide for, all of which shall at all reasonable times be
open to the inspection of any director, upon request, at the office of the
Corporation during business hours; (f) shall, in general, perform all the duties
incident to the office of Secretary; and (g) shall have such other powers and
duties as may be conferred upon or assigned to him by the Board of Directors.
Section 10. Treasurer. The Treasurer shall have custody of all
the funds and securities of the Corporation which come into his hands. When
necessary or proper, he may endorse on behalf of the Corporation, for
collection, checks, notes and other obligations, and shall deposit the same to
the credit of the Corporation in such banks or depositories as shall be selected
or designated by or in the manner prescribed by the Board of Directors. He may
sign all receipts and vouchers for payments made to the Corporation, either
alone or jointly with such officer as may be designated by the Board of
Directors. Whenever required by the Board of Directors, he shall render a
statement of his cash account. He shall enter or cause to be entered, punctually
and regularly, on the books of the Corporation, to be kept by him or under his
supervision or direction for that purpose, full and accurate accounts of all
moneys received and paid out by, for or on account of the Corporation. He shall
at all reasonable times exhibit his books and accounts and other financial
records to any director of the Corporation during business hours. He shall have
such other powers and duties as may be conferred upon or assigned to him by the
Board of Directors. The Treasurer shall perform all acts incident to the
position of Treasurer, subject always to the control of the Board of Directors.
He shall, if required by the Board of Directors, give such bond for the faithful
discharge of his duties in such form and amount as the Board of Directors may
require.
Section 11. Assistant Secretaries. The Assistant Secretaries
shall assist the Secretary in the performance of his or her duties. In the
absence of the Secretary, any Assistant Secretary shall exercise the powers and
perform the duties of the Secretary. The Assistant Secretaries shall exercise
such other powers and perform such other duties as may from time to time be
assigned to them by the Board, the President, or the Secretary.
Section 12. Assistant Treasurers. The Assistant Treasurers
shall assist the Treasurer in the performance of his or her duties. Any
Assistant Treasurer shall, in the absence or disability of the Treasurer,
exercise the powers and perform the duties of the Treasurer. The Assistant
Treasurers shall exercise such other duties as may from time to time be assigned
to them by the Board, the President, or the Treasurer.
Section 13. Delegation of Authority. In case of the absence of
any officer of the Corporation, or for any reason that the Board may deem
sufficient, a majority of the entire Board may transfer or delegate the powers
or duties of any officer to any other officer or officers for such length of
time as the Board may determine.
Section 14. Securities of Other Corporations. The President or
any Vice President or Secretary or Treasurer of the Corporation shall have power
and authority to transfer, endorse for transfer, vote, consent or take any other
action with respect to any securities of another issuer which may be held or
owned by the Corporation and to make, execute and deliver any waiver, proxy or
consent with respect to any such securities.
ARTICLE V
Directors' Services, Limitation of Liability
and Reliance on Corporate Records, and
Interest of Directors in Contracts
Section 1. Services. No director of this Corporation who is
not an officer or employee of this Corporation shall be required to devote his
time or any particular portion of his time or render services or any particular
services exclusively to this Corporation. Every director of this Corporation
shall be entirely free to engage, participate and invest in any and all such
businesses, enterprises and activities, either similar or dissimilar to the
business, enterprise and activities of this Corporation, without breach of duty
to this Corporation or to its shareholders and without accountability or
liability to this Corporation or to its shareholders.
Every director of this Corporation shall be entirely free to
act for, serve and represent any other corporation, any entity or any person, in
any capacity, and be or become a director or officer, or both, of any other
corporation or any entity, irrespective of whether or not the business,
purposes, enterprises and activities, or any of them thereof, be similar or
dissimilar to the business, purposes, enterprises and activities, or any of
them, of this Corporation, without breach of duty to this Corporation or to its
shareholders and without accountability or liability of any character or
description to this Corporation or to its shareholders.
Section 2. General Limitation of Liability. A director shall,
based on facts then known to the director, discharge the duties as a director,
including the director's duties as a member of a committee, in good faith, with
the care an ordinarily prudent person in a like position would exercise under
similar circumstances, and in a manner the director reasonably believes to be in
the best interests of the Corporation. A director is not liable to the
Corporation for any action taken as a director, or any failure to take any
action, unless: (a) the director has breached or failed to perform the duties of
the director's office in accordance with the standard of care set forth above;
and (b) the breach or failure to perform constitutes willful misconduct or
recklessness.
Section 3. Reliance on Corporate Records and Other
Information. Any person acting as a director of the Corporation shall be fully
protected, and shall be deemed to have complied with the standard of care set
forth in Section 2 of this Article, in relying in good faith upon any
information, opinions, reports or statements, including financial statements and
other financial data, if prepared or presented by (a) one or more officers or
employees of the Corporation whom such person reasonably believes to be reliable
and competent in the matters presented; (b) legal counsel, public accountants,
or other persons as to matters such person reasonably believes are within the
person's professional or expert competence; or (c) a committee of the Board of
Directors of which such person is not a member, if such person reasonably
believes the committee merits confidence; provided, however, that such person
shall not be considered to be acting in good faith if such person has knowledge
concerning the matter in question that would cause such reliance to be
unwarranted.
Section 4. Interest of Directors in Contracts. Any contract or
other transaction between the Corporation and (a) any director, or (b) any
corporation, unincorporated association, business trust, estate, partnership,
trust, joint venture, individual or other legal entity (1) in which any director
has a material financial interest or is a general partner, or (2) of which any
director is a director, officer, or trustee, shall be valid for all purposes, if
the material facts of the contract or transaction and the director's interest
were disclosed or known to the Board of Directors, a committee of the Board of
Directors with authority to act thereon, or the shareholders entitled to vote
thereon, and the Board of Directors, such committee or such shareholders
authorized, approved or ratified the contract or transaction. Such a contract or
transaction is authorized, approved or ratified: (i) by the Board of Directors
or such committee, if it receives the affirmative vote of a majority of the
directors who have no interest in the contract or transaction, notwithstanding
the fact that such majority may not constitute a quorum or a majority of the
directors present at the meeting, and notwithstanding the presence or vote of
any director who does have such an interest; provided, however, that no such
contract or transaction may be authorized, approved or ratified by a single
director; and (ii) by such shareholders, if it receives the vote of a majority
of the shares entitled to be counted, in which vote shares owned by or voted
under the control of any director who, or of any corporation, unincorporated
association, business trust, estate, partnership, trust, joint venture,
individual or other legal entity that, has an interest in the contract or
transaction may be counted; provided, however, that a majority of such shares,
whether or not present, shall constitute a quorum for the purpose of
authorizing, approving or ratifying such a contract or transaction. This Section
shall not be construed to require authorization, ratification or approval by the
shareholder of any such contract or transaction, or to invalidate any such
contract or transaction that is fair to the Corporation or would otherwise be
valid under the common and statutory law applicable thereto.
ARTICLE VI
Indemnification
Section 1. Indemnification Against Underlying Liability. The
Corporation shall indemnify any person who was or is a party, or is threatened
to be made a party, to any threatened, pending, or completed action, suit or
proceeding, whether civil, criminal, administrative, or investigative, by reason
of the fact that he is or was a director or officer of the Corporation, or is or
was serving at the request of the Corporation as a director, officer, employee
or agent of another corporation, partnership, joint venture, trust or other
enterprise (collectively, "Agent") against expenses (including attorneys' fees),
judgments, fines, penalties, court costs and amounts paid in settlement actually
and reasonably incurred by him in connection with such action, suit or
proceeding if he acted in good faith and in a manner he reasonably believed to
be in or not opposed to the best interests of the Corporation, and, with respect
to any criminal action or proceeding, had no reasonable cause to believe his
conduct was unlawful. The termination of any action, suit, or proceeding by
judgment, order, settlement (whether with or without court approval), conviction
or upon a plea of nolo contendere or its equivalent, shall not, of itself,
create a presumption that the Agent did not act in good faith and in a manner
which he reasonably believed to be in or not opposed to the best interests of
the Corporation, and, with respect to any criminal action or proceeding, had no
reasonable cause to believe that his conduct was unlawful. If several claims,
issues or matters are involved, an Agent may be entitled to indemnification as
to some matters even though he is not entitled as to other matters. Any director
or officer of the Corporation serving in any capacity of another corporation, of
which a majority of the shares entitled to vote in the election of its directors
is held, directly or indirectly, by the Corporation, shall be deemed to be doing
so at the request of the Corporation.
Section 2. Successful Defense. To the extent that an Agent of
the Corporation has been successful on the merits or otherwise in defense of any
action, suit or proceeding referred to in Section 1 of this Article, or in
defense of any claim, issue or matter therein, he shall be indemnified against
expenses (including attorneys' fees) actually and reasonably incurred by him in
connection therewith.
Section 3. Determination of Conduct. Subject to any rights
under any contract between the Corporation and any Agent, any indemnification
against underlying liability provided for in Section 1 of this Article (unless
ordered by a court) shall be made by the Corporation only as authorized in the
specific case upon a determination that indemnification of the Agent is proper
in the circumstances because he has met the applicable standard of conduct set
forth in said Section. Such determination shall be made (a) by the Board of
Directors by a majority vote of a quorum consisting of directors not at the time
parties to the proceeding; (b) if such an independent quorum is not obtainable,
by majority vote of a committee duly designated by the full Board of Directors
(in which designation directors who are parties may participate), consisting
solely of one or more directors not at the time parties to the proceeding; (c)
by special legal counsel (1) selected by the independent quorum of the Board of
Directors (or the independent committee thereof if no such quorum can be
obtained), or (2) if no such independent quorum or committee thereof can be
obtained, selected by majority vote of the full Board of Directors (in which
selection directors who are parties may participate); or (d) by the
shareholders, but shares owned by or voted under the control of directors who
are at the time parties to the proceeding may not be voted on the determination.
Notwithstanding the foregoing, an Agent shall be able to contest any
determination that the Agent has not met the applicable standard of conduct by
petitioning a court of appropriate jurisdiction.
Section 4. Payment of Expenses in Advance. Expenses incurred
in defending or settling a civil, criminal, administrative or investigative
action, suit or proceeding by an Agent who may be entitled to indemnification
pursuant to Section 1 of this Article shall be paid by the Corporation in
advance of the final disposition of such action, suit or proceeding upon receipt
of a written affirmation by the Agent of his good faith belief that he has met
the applicable standard of conduct set forth in Section 1 of this Article and a
written undertaking by or on behalf of the Agent to repay such amount if it is
ultimately determined that he is not entitled to be indemnified by the
Corporation as authorized in this Article. Notwithstanding the foregoing, such
expenses shall not be advanced if the Corporation conducts the determination of
conduct procedure referred to in Section 3 of this Article and it is determined
from the facts then known that the Agent will be precluded from indemnification
against underlying liability because he has failed to meet the applicable
standard of conduct set forth in Section 1 of this Article. The full Board of
Directors (including directors who are parties) may authorize the Corporation to
implement the determination of conduct procedure, but such procedure is not
required for the advancement of expenses. The full Board of Directors (including
directors who are parties) may authorize the Corporation to assume the Agent's
defense where appropriate, rather than to advance expenses for such defense.
Section 5. Indemnity Not Exclusive. The indemnification
against underlying liability, and advancement of expenses provided by, or
granted pursuant to, this Article shall not be deemed exclusive of, and shall be
subject to, any other rights to which those seeking indemnification or
advancement of expenses may be entitled under any By-law, agreement, vote of
shareholders or disinterested directors or otherwise, both as to action in his
official capacity and as to action in another capacity while holding such
office.
Section 6. Insurance Indemnification. The Corporation shall
have the power to purchase and maintain insurance on behalf of any person who is
or was an Agent of the Corporation, or is or was serving at the request of the
Corporation as an Agent against any liability asserted against him and incurred
by him in any such capacity, or arising out of his status as such, whether or
not the Corporation would have the power to indemnify him against such liability
under the provisions of this Article.
Section 7. Employee Benefit Plans. For purposes of this
Article, references to "other enterprises" shall include employee benefit plans;
references to "fines" shall include any excise taxes assessed on a person with
respect to any employee benefit plan; and references to "serving at the request
of the Corporation" shall include any service as a director, officer, employee
or agent of the Corporation which imposes duties on, or involves services by,
such director, officer, employee or agent with respect to an employee benefit
plan, its participants or beneficiaries. A person who acted in good faith and in
a manner he reasonably believed to be in the interest of the participants and
beneficiaries of an employee benefit plan shall be deemed to have acted in a
manner "not opposed to the best interests of the Corporation" as referred to in
this Article.
Section 8. Application of Indemnification and Advancement of
Expenses. The indemnification and advancement of expenses provided by, or
granted pursuant to, this Article shall, unless otherwise provided when
authorized or ratified, be applicable to claims, actions, suits or proceedings
made or commenced after the adoption thereof, whether arising from acts or
omissions to act during, before or after the adoption hereof, and shall continue
as to a person who has ceased to be a director, officer, employee or agent and
shall inure to the benefit of the heirs, executors and administrators of such a
person. The right of any person to indemnification and advancement of expenses
shall vest at the time of occurrence or performance of any event, act or
omission giving rise to any action, suit or proceeding of the nature referred to
in Section 1 of this Article and, once vested, shall not later be impaired as a
result of any amendment, repeal, alteration or other modification of any or all
of these provisions.
Section 9. Indemnification Payments. Any payments made to any
indemnified party under this Article or under any other right to indemnification
shall be deemed to be an ordinary and necessary business expense of the
Corporation, and payment thereof shall not subject any person responsible for
the payment, or the Board of Directors, to any action for corporate waste or to
any similar action. Such payments shall be reported to the shareholders of the
Corporation before or with the notice of the next shareholders' meeting.
ARTICLE VII
Shares
Section 1. Share Certificates. The certificate for shares of
the Corporation shall be in such form as shall be approved by the Board of
Directors. Each share certificate shall state on its face the name and state of
organization of the Corporation, the name of the person to whom the certificate
is issued, and the number and class of shares the certificate represents. Share
certificates shall be consecutively numbered and shall be entered in the books
of the Corporation as they are issued. Every certificate for shares of the
Corporation shall be signed (either manually or in facsimile) by, or in the name
of, the Corporation by the Chairman of the Board, President or a Vice President
and either the Secretary or an Assistant Secretary of the Corporation, with the
seal of the Corporation, if any, or a facsimile thereof impressed or printed
thereon. If the person who signed (either manually or in facsimile) a share
certificate no longer holds office when the certificate is issued, the
certificate is nevertheless valid.
Section 2. Transfer of Shares. Except as otherwise provided by
law, transfers of shares of the capital stock of the Corporation, whether part
paid or fully paid, shall be made only on the books of the Corporation by the
owner thereof in person or by duly authorized attorney, on payment of all taxes
thereon and surrender for cancellation of the certificate or certificates for
such shares (except as hereinafter provided in the case of loss, destruction or
mutilation of certificate) properly endorsed by the holder thereof or
accompanied by the proper evidence of succession, assignment or authority to
transfer, and delivered to the Secretary or an Assistant Secretary.
Section 3. Registered Holders. The Corporation shall be
entitled to treat the person in whose name any share of stock or any warrant,
right or option is registered as the owner thereof for all purposes and shall
not be bound to recognize any equitable or other claim to, or interest in, such
share, warrant, right or option on the part of any other person, whether or not
the Corporation shall have notice thereof, save as may be expressly provided
otherwise by the laws of the State of Texas, the Articles of Incorporation of
the Corporation or these By-laws. In no event shall any transferee of shares of
the Corporation become a shareholder of the Corporation until express notice of
the transfer shall have been received by the Corporation.
Section 4. Lost, Destroyed and Mutilated Certificates. The
holder of any share certificate of the Corporation shall immediately notify the
Corporation of any loss, destruction or mutilation of the certificate, and the
Board may, in its discretion, cause to be issued to such holder of shares a new
certificate or certificates of shares of capital stock, upon the surrender of
the mutilated certificate, or, in case of loss or destruction, upon the
furnishing of an affidavit or satisfactory proof of such loss or destruction.
The Board may, in its discretion, require the owner of the lost or destroyed
certificate or such owner's legal representative to give the Corporation a bond
in such sum and in such form, and with such surety or sureties as it may direct,
to indemnify the Corporation, its transfer agents and registrars, if any,
against any claim that may be made against them or any of them with respect to
the certificate or certificates alleged to have been lost or destroyed, but the
Board may, in its discretion, refuse to issue a new certificate or new
certificates, save upon the order of a court having jurisdiction in such
matters.
Section 5. Consideration for Shares. The Corporation may issue
shares for such consideration received or to be received as the Board of
Directors determines to be adequate. That determination by the Board of
Directors is conclusive insofar as the adequacy of consideration for the
issuance of shares relates to whether the shares are validly issued, fully paid
and nonassessable. When the Corporation receives the consideration for which the
Board of Directors authorized the issuance of shares, the shares issued therefor
are fully paid and nonassessable.
Section 6. Payment for Shares. The Board of Directors may
authorize shares to be issued for consideration consisting of any tangible or
intangible property or benefit to the Corporation, including cash, promissory
notes, services performed, contracts for services to be performed, or other
securities of the Corporation. If shares are authorized to be issued for
promissory notes or for promises to render services in the future, the
Corporation must report in writing to the shareholders the number of shares
authorized to be so issued before or with the notice of the next shareholders'
meeting.
Section 7. Distributions to Shareholders. The Board of
Directors may authorize and the Corporation may make distributions to the
shareholders subject to any restrictions set forth in the Articles of
Incorporation of the Corporation and any limitations in the Texas Business
Corporation Act, as amended.
Section 8. Regulations. The Board of Directors shall have
power and authority to make all such rules and regulations as they may deem
expedient concerning the issue, transfer and registration or the replacement of
certificates for shares of the Corporation.
ARTICLE VIII
Corporate Books and Reports
Section 1. Place of Keeping Corporate Books and Records.
Except as expressly provided otherwise in this Article, the books of account,
records, documents and papers of the Corporation shall be kept at any place or
places, within or without the State of Texas, as directed by the Board of
Directors. In the absence of a direction, the books of account, records,
documents and papers shall be kept at the principal office of the Corporation.
Section 2. Place of Keeping Certain Corporate Books and Records. The
Corporation shall keep a copy of the following records at its principal office:
(1) Its Articles or restated Articles of
Incorporation and all amendments to them currently in effect;
(2) Its By-laws or restated By-laws and all
amendments to them currently in effect;
(3) Resolutions adopted by the Board of Directors
with respect to one or more classes or series of shares and
fixing their relative rights, preferences and limitations, if
shares issued pursuant to those resolutions are outstanding;
(4) The minutes of all shareholders' meetings and
records of all action taken by shareholders without a meeting,
for the past three (3) years;
(5) All written communications to shareholders
generally within the past three (3) years, including financial
statements furnished to shareholders;
(6) A list of the names and business addresses of its
current directors and officers; and
(7) The Corporation's most recent annual report.
Section 3. Permanent Records. The Corporation shall keep as
permanent records minutes of all meetings of its shareholders and Board of
Directors, a record of all actions taken by the shareholders or Board of
Directors without a meeting, and a record of all actions taken by a committee of
the Board of Directors in place of the Board of Directors on behalf of the
Corporation. The Corporation shall also maintain appropriate accounting records.
Section 4. Shareholder Records. The Corporation shall maintain
a record of its shareholders, in a form that permits preparation of a list of
the names and addresses of all shareholders, in alphabetical order by class of
shares showing the number and class of shares held by each.
Section 5. Shareholder Rights of Inspection. The records
designated in Section 2 of this Article may be inspected and copied by
shareholders of record, during regular business hours at the Corporation's
principal office, provided that the shareholder gives the Corporation written
notice of the shareholder's demand at least five (5) business days before the
date on which the shareholder wishes to inspect and copy. A shareholder's agent
or attorney, if authorized in writing, has the same inspection and copying
rights as the shareholder represented. The Corporation may impose a reasonable
charge, covering the costs of labor and material, for copies of any documents
provided to the shareholder.
Section 6. Additional Rights of Inspection. Shareholder rights
enumerated in Section 5 of this Article may also apply to the following
corporate records, provided that the notice requirements of Section 5 are met,
the shareholder's demand is made in good faith and for a proper purpose, the
shareholder describes with reasonable particularity the shareholder's purpose
and the records the shareholder desires to inspect, and the records are directly
connected with the shareholder's purpose: excerpts from minutes of any meeting
of the Board of Directors, records of any action of a committee of the Board of
Directors while acting in place of the Board of Directors on behalf of the
Corporation, minutes of any meeting of the shareholders, and records of action
taken by the shareholders or Board of Directors without a meeting, to the extent
not subject to inspection under Section 5 of this Article, as well as accounting
records of the Corporation and the record of shareholders. Such inspection and
copying is to be done during regular business hours at a reasonable location
specified by the Corporation. The Corporation may impose a reasonable charge,
covering the costs of labor and material, for copies of any documents provided
to the shareholder.
ARTICLE IX
Miscellaneous
Section 1. Notice and Waiver of Notice. Subject to the
specific and express notice requirements set forth in other provisions of these
By-laws, the Articles of Incorporation, and the Texas Business Corporation Act,
as the same may, from time to time, be amended, notice may be communicated to
any shareholder or director in person, by telephone, telegraph, teletype, or
other form of wire or wireless communication, or by mail. If the foregoing forms
of personal notice are deemed to be impracticable, notice may be communicated in
a newspaper of general circulation in the area where published or by radio,
television, or other form of public broadcast communication. Subject to Section
4 of ARTICLE II of these By-laws, written notice is effective at the earliest of
the following: (a) when received; (b) if correctly addressed to the address
listed in the most current records of the Corporation, five days after its
mailing, as evidenced by the postmark or private carrier receipt; or (c) if sent
by registered or certified United States mail, return receipt requested, on the
date shown on the return receipt which is signed by or on behalf of the
addressee. Oral notice is effective when communicated. A written waiver of
notice, signed by the person or persons entitled to such notice, whether before
or after the time stated therein, shall be equivalent to the giving of such
notice.
Section 2. Depositories. Funds of the Corporation not otherwise employed
shall be deposited in such banks or other depositories as the Board of
Directors, the President or the Treasurer may select or approve.
Section 3. Signing of Checks, Notes, etc. In addition to and
cumulative of, but in no way limiting or restricting, any other provision of
these By-laws which confers any authority relative thereto, all checks, drafts
and other orders for the payment of money out of funds of the Corporation and
all notes and other evidence of indebtedness of the Corporation may be signed on
behalf of the Corporation, in such manner, and by such officer or person as
shall be determined or designated by the Board of Directors; provided, however,
that if, when, after and as authorized or provided for by the Board of
Directors, the signature of any such officer or person may be a facsimile or
engraved or printed, and shall have the same force and effect and bind the
Corporation as though such officer or person had signed the same personally;
and, in the event of the death, disability, removal or resignation of any such
officer or person, if the Board of Directors shall so determine or provide, as
though and with the same effect as if such death, disability, removal or
resignation had not occurred.
Section 4. Gender and Number. Wherever used or appearing in
these By-laws, pronouns of the masculine gender shall include the female gender
and the neuter gender, and the singular shall include the plural wherever
appropriate.
Section 5. Laws. Wherever used or appearing in these By-laws,
the words "law" or "laws" shall mean and refer to laws of the State of Texas, to
the extent only that such are expressly applicable, except where otherwise
expressly stated or the context requires that such words not be so limited.
Section 6. Headings. The headings of the Certificate and Sections of these
By-laws are inserted for convenience of reference only and shall not be deemed
to be a part thereof or used in the construction or interpretation thereof.
ARTICLE X
Amendments
These By-laws may, from time to time, be added to, changed,
altered, amended or repealed or new By-laws may be made or adopted by a majority
vote of the whole Board of Directors at any meeting of the Board of Directors,
if the notice or waiver of notice of such meeting shall have stated that the
By-laws are to be amended, altered or repealed at such meeting, or if all
directors at the time are present at such meeting, have waived notice of such
meeting, or have consented to such action in writing.
ARTICLE XI
The Texas Business Corporation Act
The provisions of the Texas Business Corporation Act, as the
same may, from time to time, be amended, applicable to any of the matters not
herein specifically covered by these By-laws, are hereby incorporated by
reference in and made a part of these By-laws.
PARTICIPATION AGREEMENT
AMONG
RYDEX VARIABLE TRUST,
PADCO FINANCIAL SERVICES, INC.
AND
CONSECO VARIABLE INSURANCE COMPANY
DATED AS OF
MARCH 24, 2000
<TABLE>
<CAPTION>
TABLE OF CONTENTS
Page
<S> <C>
ARTICLE I. Purchase of Trust Shares...............................................................2
ARTICLE II. Representations and Warranties.........................................................4
ARTICLE III. Prospectuses, Reports to Shareholders and Proxy Statements; Voting.....................6
ARTICLE IV . Sales Material and Information.........................................................7
ARTICLE V. Fees and Expenses......................................................................9
ARTICLE VI. Diversification........................................................................9
ARTICLE VII. Potential Conflicts...................................................................10
ARTICLE VIII. Indemnification.......................................................................11
ARTICLE IX. Applicable Law........................................................................16
ARTICLE X. Termination...........................................................................16
ARTICLE XI. Notices...............................................................................17
ARTICLE XII. Miscellaneous.........................................................................18
SCHEDULE A Separate Accounts and Associated Contracts............................................21
SCHEDULE B Proxy Voting Procedures...............................................................22
</TABLE>
THIS AGREEMENT, made and entered into as of the 24th day of March, 2000
by and among CONSECO VARIABLE INSURANCE COMPANY (hereinafter the "Company"), a
Texas corporation, on its own behalf and on behalf of each separate account of
the Company set forth on Schedule A hereto as may be amended from time to time
(each such account hereinafter referred to as the "Account"), RYDEX VARIABLE
TRUST (hereinafter the "Trust"), a Delaware business trust, and PADCO FINANCIAL
SERVICES, INC. (hereinafter the "Underwriter"), a Maryland corporation.
WHEREAS, the Trust engages in business as an open-end management
investment company and is available to act as (i) the investment vehicle for
separate accounts established by insurance companies for individual and group
life insurance policies and individual and group annuity contracts with variable
accumulation and/or pay-out provisions (hereinafter referred to individually
and/or collectively as "Variable Insurance Products") and (ii) the investment
vehicle for certain qualified pension and retirement plans (hereinafter
"Qualified Plans"); and
WHEREAS, insurance companies desiring to utilize the Trust as an
investment vehicle under their Variable Insurance Products enter into
participation agreements with the Trust and the Underwriter (the "Participating
Insurance Companies");
WHEREAS, beneficial interests in the Trust are divided into several
series of interests or shares, each representing the interest in a particular
managed portfolio of securities and other assets, any one or more of which may
be made available under this Agreement, as may be amended from time to time by
mutual agreement of the parties hereto (each such series is hereinafter referred
to as a "Fund"); and
WHEREAS, the Trust has obtained an order from the Securities and
Exchange Commission, dated February 25, 1999 (File No. 812-11344), granting
Participating Insurance Companies and Variable Insurance Product separate
accounts exemptions from the provisions of Sections 9(a), 13(a), 15(a), and
15(b) of the Investment Company Act of 1940, as amended (hereinafter the "1940
Act"), and Rules 6e-2(b)(15) and 6e-3(T)(b)(15) thereunder, to the extent
necessary to permit shares of a Fund to be sold to and held by Variable
Insurance Product separate accounts of both affiliated and unaffiliated life
insurance companies and Qualified Plans (hereinafter the "Shared Funding
Exemptive Order"); and
WHEREAS, the Trust is registered as an open-end management investment
company under the 1940 Act and its shares are registered under the Securities
Act of 1933, as amended (hereinafter the "1933 Act"); and
WHEREAS, the Underwriter is registered as a broker/dealer under the
Securities Exchange Act of 1934, as amended (hereinafter the "1934 Act"), is a
member in good standing of the National Association of Securities Dealers, Inc.
(hereinafter "NASD") and serves as principal underwriter of the shares of the
Trust; and
WHEREAS, the Company has registered or will register certain Variable
Insurance Products under the 1933 Act; and
WHEREAS, each Account is a duly organized, validly existing segregated
asset account, established by resolution or under authority of the Board of
Directors of the Company, on the date shown for such Account on Schedule A
hereto, to set aside and invest assets attributable to the aforementioned
Variable Insurance Products; and
WHEREAS, the Company has registered or will register each Account as a
unit investment trust under the 1940 Act; and
WHEREAS, to the extent permitted by applicable insurance laws and
regulations, the Company intends to purchase shares in the Funds on behalf of
each Account to fund certain of the aforementioned Variable Insurance Products
and the Underwriter is authorized to sell such shares to each such Account at
net asset value;
NOW, THEREFORE, in consideration of their mutual promises, the Company,
the Trust and each Underwriter agree as follows:
ARTICLE I. PURCHASE OF TRUST SHARES
1.1. The Trust agrees to make available for purchase by the Company
shares of the Trust and shall execute orders placed for each Account on a daily
basis at the net asset value next computed after receipt by the Trust or its
designee of such order. For purposes of this Section 1.1, the Company shall be
the designee of the Trust for receipt of such orders from each Account and
receipt by such designee shall constitute receipt by the Trust; provided that
the Trust receives the final order by 9:00 a.m. Eastern time on the next
following business day. "Business Day" shall mean any day on which the New York
Stock Exchange is open for trading and on which the Trust calculates its net
asset value pursuant to the rules of the Securities and Exchange Commission.
1.2. The Trust, so long as this Agreement is in effect, agrees to make
its shares available indefinitely for purchase at the applicable net asset value
per share by the Company and its Accounts on those days on which the Trust
calculates its net asset value pursuant to rules of the Securities and Exchange
Commission and the Trust shall use reasonable efforts to calculate such net
asset value on each day which the New York Stock Exchange is open for trading.
Notwithstanding the foregoing, the Board of Trustees of the Trust (hereinafter
the "Board") may refuse to permit the Trust to sell shares of any Fund to any
person, or suspend or terminate the offering of shares of any Fund if such
action is required by law or by regulatory authorities having jurisdiction or
is, in the sole discretion of the Board acting in good faith and in light of
their fiduciary duties under federal and any applicable state laws, necessary in
the best interests of the shareholders of such Fund.
1.3. The Trust agrees that shares of the Trust will be sold only to
Participating Insurance Companies and their separate accounts and to certain
Qualified Plans all in accordance with the requirement of Section 817(h)(1) of
the Internal Revenue Code of 1986, as amended ("Code") and Treasury regulation
1.817-5(f). No shares of any Fund will be sold to the general public.
1.4. The Trust will not make its shares available for purchase by any
insurance company or separate account unless an agreement containing provisions
substantially the same as in Section 1.3 of Article I, Section 3.5 of Article
III, Article VI and Article VII of this Agreement is in effect to govern such
sales.
1.5. The Trust agrees to redeem for cash, on the Company's request, any
full or fractional shares of a Trust held by the Company, executing such
requests on a daily basis at the net asset value next computed after receipt by
the Trust or its designee of the request for redemption. Subject to and in
accordance with applicable laws, and subject to written consent of the Company,
the Trust may redeem shares for assets other than cash. For purposes of this
Section 1.5, the Company shall be the designee of the Trust for receipt of
requests for redemption from each Account and receipt by such designee shall
constitute receipt by the Trust; provided that the Trust receives the final
request by 9:00 a.m. Eastern time on the next following Business Day.
1.6. The Company agrees that purchases and redemptions of Fund shares
offered by the then current prospectus of the Trust shall be made in accordance
with the provisions of such prospectus. The Variable Insurance Products issued
by the Company, under which amounts may be invested in the Trust (hereinafter
the "Contracts"), are listed on Schedule A attached hereto and incorporated
herein by reference, as such Schedule A may be amended from time to time by
mutual written agreement of all of the parties hereto.
1.7. The Company shall pay for Trust shares on the next Business Day
after an order to purchase Trust shares is made in accordance with the
provisions of Section 1.1 hereof. Payment shall be in federal funds transmitted
by wire. For purposes of Section 2.9 and 2.10, upon receipt by the Trust of the
federal funds so wired, such funds shall cease to be the responsibility of the
Company and shall become the responsibility of the Trust.
1.8. Issuance and transfer of the Trust's shares will be by book entry
only. Stock certificates will not be issued to the Company or any Account.
Shares ordered from the Trust will be recorded in an appropriate title for each
Account or the appropriate subaccount of each Account.
1.9. The Trust shall furnish same day notice (by electronic means, wire
or telephone, followed by written confirmation) to the Company of any income,
dividends or capital gain distributions payable on Fund shares. The Company
hereby elects to receive all such income dividends and capital gain
distributions as are payable on the Fund shares in additional shares of that
Fund. The Company reserves the right to revoke this election and to receive all
such income dividends and capital gain distributions in cash. The Trust shall
notify the Company of the number of shares so issued as payment of such
dividends and distributions.
1.10. The Trust shall make the net asset value per share for each Fund
available to the Company on a daily basis as soon as reasonably practical after
the net asset value per share is calculated (normally by 6:30 p.m. Eastern time)
and shall use its best efforts to make such net asset value per share available
by 7:00 p.m. Eastern time. If the Trust provides the Company with materially
incorrect share net asset value information, the Company on behalf of the
Account, shall be entitled to an adjustment to the number of shares purchased or
redeemed to reflect the correct share net asset value. Any material error in the
calculation of the net asset value per share, dividend or capital gain
information shall be reported promptly upon discovery to the Company.
Furthermore, the Underwriter shall be liable for the reasonable administrative
costs incurred by the Company in relation to the correction of any material
error. Administrative costs shall include allocation of staff time, costs of
outside service providers, printing and postage.
ARTICLE II. REPRESENTATIONS AND WARRANTIES
2.1. The Company represents and warrants that the Contracts are or will
be registered under the 1933 Act; that the Contracts will be issued and sold in
compliance in all material respects with all applicable federal and state laws
and that the sale of the Contracts shall comply in all material respects with
state insurance suitability requirements. The Company further represents and
warrants that it is an insurance company duly organized and in good standing
under applicable law and that it has legally and validly established each
Account prior to any issuance or sale thereof as a segregated asset account
under Texas state insurance laws and has registered or, prior to any issuance or
sale of the Contracts, will register each Account as a unit investment trust in
accordance with the provisions of the 1940 Act to serve as a segregated
investment account for the Contracts.
2.2. The Trust represents and warrants that Trust shares sold pursuant
to this Agreement shall be registered under the 1933 Act, duly authorized for
issuance and sold in compliance with the laws of the State of Delaware and all
applicable federal and state securities laws and that the Trust is and shall
remain registered under the 1940 Act. The Trust shall amend the registration
statement for its shares under the 1933 Act and the 1940 Act from time to time
as required in order to effect the continuous offering of its shares. The Trust
shall register and qualify the shares for sale in accordance with the laws of
the various states, to the extent required by applicable state law.
2.3. The Trust represents that it is currently qualified as a Regulated
Investment Company under Subchapter M of the Internal Revenue Code of 1986, as
amended (the "Code"), and that it will maintain such qualification (under
Subchapter M or any successor or similar provision) and that it will notify the
Company immediately upon having a reasonable basis for believing that it has
ceased to so qualify or that it might not so qualify in the future.
2.4. The Company represents and warrants that the Contracts are
currently treated as life insurance policies or annuity contracts, under
applicable provisions of the Code and that it will make every effort to maintain
such treatment and that it will notify the Trust immediately upon having a
reasonable basis for believing that the Contracts have ceased to be so treated
or that they might not be so treated in the future.
2.5. The Trust represents that to the extent that it decides to finance
distribution expenses pursuant to Rule 12b-1 under the 1940 Act, it will have a
board of trustees, a majority of whom are not interested persons of the Trust,
formulate and approve any plan under Rule 12b-1 to finance distribution
expenses.
2.6. The Trust represents that the Trust's investment policies, fees
and expenses are and shall at all times remain in compliance with the laws of
the State of Delaware and the Trust represents that their respective operations
are and shall at all times remain in material compliance with the laws of the
State of Delaware to the extent required to perform this Agreement.
2.7. The Trust represents that it is lawfully organized and validly
existing under the laws of the State of Delaware and that it does and will
comply in all material respects with the 1940 Act.
2.8. The Underwriter represents and warrants that it is and shall
remain duly registered in all material respects to the extent under all
applicable federal and state securities laws and that it will perform its
obligations for the Trust in compliance in all material respects with the laws
of its state of domicile and any applicable state and federal securities laws.
2.9. The Trust represents and warrants that its directors, officers,
employees dealing with the money and/or securities of the Trust are and shall
continue to be at all times covered by a blanket fidelity bond or similar
coverage for the benefit of the Trust in an amount not less than the minimum
coverage as required by Rule 17g-(1) under the 1940 Act or related provisions as
may be promulgated from time to time. The aforesaid blanket fidelity bond shall
include coverage for larceny and embezzlement and shall be issued by a reputable
bonding company.
2.10. The Company represents and warrants that all of its directors,
officers, employees dealing with the money and/or securities of the Trust are
and shall continue to be covered by a blanket fidelity bond or similar coverage
for the benefit of the Company and the Separate Account in an amount not less
than the minimum coverage as required by Rule 17g-1 under the 1940 Act or
related provisions as may be promulgated from time to time. The aforesaid
blanket fidelity bond shall include coverage for larceny and embezzlement and
shall be issued by a reputable bonding company.
ARTICLE III. PROSPECTUSES, REPORTS TO SHAREHOLDERS AND PROXY STATEMENTS; VOTING
3.1. The Trust or its designee shall provide the Company with as many
printed copies of the Trust's current prospectus and statement of additional
information as the Company may reasonably request. If requested by the Company,
in lieu of providing printed copies the Trust shall provide camera-ready film or
computer diskettes containing the Trust's prospectus and statement of additional
information, and such other assistance as is reasonably necessary in order for
the Company once each year (or more frequently if the prospectus and/or
statement of additional information for the Trust is amended during the year) to
have the prospectus for the Contracts and the Trust's prospectus printed
together in one document, and to have the statement of additional information
for the Trust and the statement of additional information for the Contracts
printed together in one document. Alternatively, the Company may print the
Trust's prospectus and/or its statement of additional information in combination
with other trusts or companies' prospectuses and statements of additional
information, together with the prospectus and/or statement of additional
information for the Contracts.
3.2. Except as provided in this Section 3.2., all expenses of printing
and distributing Trust prospectuses and statements of additional information
shall be the expense of the Company. For prospectuses and statements of
additional information provided by the Company to its existing owners of
Contracts in order to update disclosure as required by the 1933 Act and/or the
1940 Act, the cost of printing shall be borne by the Trust. The Trust will
provide camera-ready film or computer diskettes in lieu of receiving printed
copies of the Trust's prospectus. The Company agrees to provide the Trust or its
designee with such information as may be reasonably requested by the Trust to
assure that the Trust's expenses do not include the cost of printing any
prospectuses or statements of additional information other than those actually
distributed to existing owners of the Contracts. In the event there is a
combined printing of prospectuses, the expenses of such printing will be
apportioned between (a) the Company and (b) the Trust in proportion to the
number of pages of the Contract prospectus, other fund prospectuses and the
Trust prospectus, taking account of other relevant factors affecting the expense
of printing, such as covers, columns, graphs, and charts; the Trust to bear the
costs of printing the Trust prospectus portion of such document for distribution
to owners of existing Contracts funded by the Trust shares and the Company to
bear the expense of printing the portion of such documents relating to the
Account; provided, however, the Company shall bear all printing expenses of such
combined documents where used for distribution to prospective purchasers or to
owners of existing Contracts not funded by Trust shares.
3.3. The Trust's statement of additional information shall be
obtainable from the Trust, the Company or such other person as the Trust may
designate, as agreed upon by the parties.
3.4. The Trust, at its expense, shall provide the Company with copies
of its proxy statements, reports to shareholders, and other communications
(except for prospectuses and statements of additional information, which are
covered in section 3.1) to shareholders in such quantity as the Company shall
reasonably require for distributing to Contract owners.
3.5. If and to the extent required by law the Company shall:
(i) solicit voting instructions from Contract owners;
(ii) vote the Fund shares in accordance with instructions
received from Contract owners; and
(iii)vote Fund shares for which no instructions have been
received in the same proportion as Trust shares of such Fund
for which instructions have been received,
so long as and to the extent that the Securities and Exchange Commission
continues to interpret the 1940 Act to require pass-through voting privileges
for variable contract owners. The Company reserves the right to vote Fund shares
held in any Account in its own right, to the extent permitted by law. The Trust
and the Company shall follow the procedures, and shall have the corresponding
responsibilities, for the handling of proxy and voting instruction
solicitations, as set forth in Schedule B attached hereto and incorporated
herein by reference. Participating Insurance Companies shall be responsible for
ensuring that each of their separate accounts participating in a Fund calculates
voting privileges in a manner consistent with the standards set forth on
Schedule B, which standards will also be provided to the other Participating
Insurance Companies.
3.6. The Trust will comply with all provisions of the 1940 Act
requiring voting by shareholders, and in particular the Trust will either
provide for annual meetings or comply with Section 16(c) of the 1940 Act
(although the Trust is not one of the trusts described in Section 16(c) of that
Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further,
the Trust will act in accordance with the Securities and Exchange Commission's
interpretation of the requirements of Section 16(a) with respect to periodic
elections of directors and with whatever rules the Commission may promulgate
with respect thereto.
3.7. The Trust shall use reasonable efforts to provide Trust
prospectuses, reports to shareholders, proxy materials and other Trust
communications (or camera-ready equivalents) to the Company sufficiently in
advance of the Company's mailing dates to enable the Company to complete, at
reasonable cost, the printing, assembling and distribution of the communications
in accordance with applicable laws and regulations.
ARTICLE IV. SALES MATERIAL AND INFORMATION
4.1. The Company shall furnish, or shall cause to be furnished, to the
Underwriter, each piece of sales literature or other promotional material in
which the Trust or the Underwriter is named, at least five Business Days prior
to its use. No such material shall be used if the Trust or its designee
reasonably objects to such use within five Business Days after receipt of such
material.
4.2. The Company shall not give any information or make any
representations or statements on behalf of the Trust or concerning the Trust in
connection with the sale of the Contracts other than the information or
representations contained in the registration statement or prospectus for the
Trust, as such registration statement and prospectus may be amended or
supplemented from time to time, or in reports or proxy statements for the Trust,
or in sales literature or other promotional material approved by the Trust or
its designee, except with the permission of the Trust.
4.3. The Trust or its designee shall furnish, or shall cause to be
furnished, to the Company or its designee, each piece of sales literature or
other promotional material in which the Company or its separate account(s) or
Contracts are named at least five Business Days prior to its use. No such
material shall be used if the Company or its designee reasonably objects to such
use within five Business Days after receipt of such material.
4.4. The Trust and the Underwriter shall not give any information or
make any representations on behalf of the Company or concerning the Company,
each Account, or the Contracts, other than the information or representations
contained in a registration statement or prospectus for the Contracts, as such
registration statement and prospectus may be amended or supplemented from time
to time, or in published reports for each Account which are in the public domain
or approved by the Company for distribution to Contract owners, or in sales
literature or other promotional material approved by the Company or its
designee, except with the permission of the Company.
4.5. The Trust will provide to the Company at least one complete copy
of all registration statements, prospectuses, statements of additional
information, reports, proxy statements, sales literature and other promotional
materials, applications for exemptions, requests for no-action letters, and all
amendments to any of the above, that relate to the Trust or its shares,
contemporaneously with the filing of such document with the Securities and
Exchange Commission or other regulatory authorities.
4.6. The Company will provide to the Trust at least one complete copy
of all registration statements, prospectuses, statements of additional
information, reports, solicitations for voting instructions, sales literature
and other promotional materials, applications for exemptions, requests for no
action letters, and all amendments to any of the above, that relate to the
investment in the Trust under the Contracts, contemporaneously with the filing
of such document with the Securities and Exchange Commission or other regulatory
authorities.
4.7. For purposes of this Article IV, the phrase "sales literature or
other promotional material" includes, but is not limited to, any of the
following that refer to the Trust or any affiliate of the Trust: advertisements
(such as material published, or designed for use in, a newspaper, magazine, or
other periodical, radio, television, telephone or tape recording, videotape
display, signs or billboards, motion pictures, or other public media), sales
literature (i.e., any written communication distributed or made generally
available to customers or the public, including brochures, circulars, research
reports, market letters, form letters, seminar texts, reprints or excerpts of
any other advertisement, sales literature, or published article), educational or
training materials or other communications distributed or made generally
available to some or all agents or employees, and registration statements,
prospectuses, statements of additional information, shareholder reports, and
proxy materials.
ARTICLE V. FEES AND EXPENSES
5.1. The Trust shall pay no fee or other compensation to the Company
under this Agreement, except that if the Trust or any Fund adopts and implements
a plan pursuant to Rule 12b-1 to finance distribution expenses or a shareholder
servicing plan to finance investor services, then payments may be made to the
Company, or to the underwriter for the Contracts, or to other service providers
if and in amounts agreed upon by the parties.
5.2. All expenses incident to performance by the Trust under this
Agreement shall be paid by the Trust. The Trust shall see to it that all its
shares are registered and authorized for issuance in accordance with applicable
federal law and, if and to the extent deemed advisable by the Trust, in
accordance with applicable state laws prior to their sale. The Trust shall bear
the expenses for the cost of registration and qualification of Fund shares,
preparation and filing of the Trust's prospectus and registration statement,
proxy materials and reports, setting the prospectus in type, setting in type and
printing the proxy materials and reports to shareholders (including the costs of
printing a prospectus that constitutes an annual report), distributing the Trust
proxy materials to owners of Contracts, the preparation of all statements and
notices required by any federal or state law, and all taxes on the issuance or
transfer of Fund shares.
5.3. The Company shall bear the expenses of distributing the Trust's
prospectus, proxy materials and reports to owners of Contracts issued by the
Company, other than the expenses of distributing prospectuses and statements of
additional information to existing contract owners.
ARTICLE VI. DIVERSIFICATION
6.1. The Trust will at all times invest money from the Contracts in
such a manner as to ensure that the Contracts will be treated as variable
contracts under the Code and the regulations issued thereunder. Without limiting
the scope of the foregoing, the Trust will at all times comply with Section
817(h) of the Code and Treasury Regulation 1.817-5, relating to the
diversification requirements for variable annuity, endowment, or life insurance
contracts and any amendments or other modifications to such Section or
Regulations. In the event of a breach of this Article VI by a Fund, the Trust
will take all reasonable steps (a) to notify Company of such breach and (b) to
adequately diversify the Fund so as to achieve compliance within the grace
period afforded by Regulation 1.817-5.
ARTICLE VII. POTENTIAL CONFLICTS
7.1. The Board will monitor the Trust for the existence of any material
irreconcilable conflict between the interests of the contract owners of all
separate accounts investing in the Trust. An irreconcilable material conflict
may arise for a variety of reasons, including: (a) an action by any state
insurance regulatory authority; (b) a change in applicable federal or state
insurance, tax, or securities laws or regulations, or a public ruling, private
letter ruling, no-action or interpretative letter, or any similar action by
insurance, tax, or securities regulatory authorities; (c) an administrative or
judicial decision in any relevant proceeding; (d) the manner in which the
investments of any Fund are being managed; (e) a difference in voting
instructions given by Variable Insurance Product owners; or (f) a decision by a
Participating Insurance Company to disregard the voting instructions of contract
owners. The Board shall promptly inform the Company if it determines that an
irreconcilable material conflict exists and the implications thereof.
7.2. The Company will report any potential or existing conflicts of
which it is aware to the Board. The Company will assist the Board in carrying
out its responsibilities under the Shared Funding Exemptive Order, by providing
the Board with all information reasonably necessary for the Board to consider
any issues raised. This includes, but is not limited to, an obligation by the
Company to inform the Board whenever contract owner voting instructions are
disregarded.
7.3. If it is determined by a majority of the Board, or a majority of
its disinterested members, that a material irreconcilable conflict exists, the
Company and other Participating Insurance Companies shall, at their expense and
to the extent reasonably practicable (as determined by a majority of the
disinterested directors), take whatever steps are necessary to remedy or
eliminate the irreconcilable material conflict, up to and including: (1)
withdrawing the assets allocable to some or all of the separate accounts from
the Trust or any Fund and reinvesting such assets in a different investment
medium, including (but not limited to) another Fund of the Trust, or submitting
the question whether such segregation should be implemented to a vote of all
affected Contract owners and, as appropriate, segregating the assets of any
appropriate group (i.e., annuity contract owners, life insurance policy owners,
or variable contract owners of one or more Participating Insurance Companies)
that votes in favor of such segregation, or offering to the affected contract
owners the option of making such a change; and (2) establishing a new registered
management investment company or managed separate account.
7.4. If a material irreconcilable conflict arises because of a decision
by the Company to disregard contract owner voting instructions and that decision
represents a minority position or would preclude a majority vote, the Company
may be required, at the Trust's election, to withdraw the affected Account's
investment in the Trust and terminate this Agreement with respect to such
Account (at the Company's expense); provided, however that such withdrawal and
termination shall be limited to the extent required by the foregoing material
irreconcilable conflict as determined by a majority of the disinterested members
of the Board.
7.5. If a material irreconcilable conflict arises because a particular
state insurance regulator's decision applicable to the Company conflicts with
the position of the majority of other state regulators, then the Company will
withdraw the affected Account's investment in the Trust and terminate this
Agreement with respect to such Account within six months after the Board informs
the Company in writing that it has determined that such decision has created an
irreconcilable material conflict; provided, however, that such withdrawal and
termination shall be limited to the extent required by the foregoing material
irreconcilable conflict as determined by a majority of the disinterested members
of the Board. Until the end of the foregoing six month period, the Underwriter
and Trust shall continue to accept and implement orders by the Company for the
purchase (and redemption) of shares of the Trust.
7.6. For purposes of Sections 7.3 through 7.6 of this Agreement, a
majority of the disinterested members of the Board shall determine whether any
proposed action adequately remedies any irreconcilable material conflict, but in
no event will the Trust be required to establish a new funding medium for the
Contracts. The Company shall not be required by Section 7.3 to establish a new
funding medium for the Contracts if an offer to do so has been declined by vote
of a majority of Contract owners materially adversely affected by the
irreconcilable material conflict.
7.7. If and to the extent that Rule 6e-2 and Rule 6e-3(T) are amended,
or Rule 6e-3 is adopted, to provide exemptive relief from any provision of the
1940 Act or the rules promulgated thereunder with respect to mixed or shared
funding (as defined in the Shared Funding Exemptive Order) on terms and
conditions materially different from those contained in the Shared Funding
Exemptive Order, then (a) the Trust and/or the Participating Insurance
Companies, as appropriate, shall take such steps as may be necessary to comply
with Rules 6e-2 and 6e-3(T), as amended, and Rule 6e-3, as adopted, to the
extent such rules are applicable; and (b) Sections 3.4, 3.5, 7.1, 7.2, 7.3, 7.4,
and 7.5 of this Agreement shall continue in effect only to the extent that terms
and conditions substantially identical to such Sections are contained in such
Rule(s) as so amended or adopted.
ARTICLE VIII. INDEMNIFICATION
8.1. Indemnification By The Company
8.1(a) The Company agrees to indemnify and hold harmless the Trust and
each member of the Board and each officer and employee of the Trust, the
Underwriter and each director, officer and employee of the Underwriter, and each
person, if any, who controls the Trust, or the Underwriter within the meaning of
Section 15 of the 1933 Act (collectively, an "Indemnified Parties" and
individually, "Indemnified Party," for purposes of this Section 8.1) against any
and all losses, claims, damages, liabilities (including amounts paid in
settlement with the written consent of the Company) or litigation (including
legal and other expenses), to which the Indemnified Parties may become subject
under any statute, regulation, at common law or otherwise, insofar as such
losses, claims, damages, liabilities, or expenses (or actions in respect
thereof) or settlements are related to the sale or acquisition of Fund shares or
the Contracts and:
(i) arise out of or are based upon any untrue statements or alleged
untrue statements of any material fact contained in the registration
statement or prospectus or statement of additional information for the
Contracts or contained in the Contracts or sales literature for the
Contracts (or any amendment or supplement to any of the foregoing), or
arise out of or are based upon the omission or the alleged omission to
state therein a material fact required to be stated therein or necessary to
make the statements therein not misleading, provided that this agreement to
indemnify shall not apply as to any Indemnified Party if such statement or
omission or such alleged statement or omission was made in reliance upon
and in conformity with information furnished to the Company by or on behalf
of the Trust for use in the registration statement or prospectus or
statement of additional information for the Contracts or in the Contracts
or sales literature (or any amendment or supplement) or otherwise for use
in connection with the sale of the Contracts or Trust shares; or
(ii) arise out of or as a result of statements or representations
(other than statements or representations contained in the registration
statement, prospectus, statement of additional information or sales
literature of the Trust not supplied by the Company, or persons under its
control and other than statements or representations authorized by the
Trust or the Underwriter) or unlawful conduct of the Company or persons
under its control, with respect to the sale or distribution of the
Contracts or Trust shares; or
(iii) arise out of or result from any untrue statement or alleged
untrue statement of a material fact contained in a registration statement,
prospectus, statement of additional information or sales literature of the
Trust or any amendment thereof or supplement thereto or the omission or
alleged omission to state therein a material fact required to be stated
therein or necessary to make the statements therein not misleading if such
a statement or omission was made in reliance upon and in conformity with
information furnished to the Trust by or on behalf of the Company; or
(iv) arise as a result of any failure by the Company to provide the
services and furnish the materials under the terms of this Agreement; or
(v) arise out of or result from any material breach of any
representation or warranty made by the Company in this Agreement or arise
out of or result from any other material breach of this Agreement by the
Company, as limited by and in accordance with the provisions of Sections
8.1(b) and 8.1(c) hereof.
8.1(b). The Company shall not be liable under this indemnification
provision with respect to any losses, claims, damages, liabilities or litigation
incurred or assessed against an Indemnified Party as such may arise from such
Indemnified Party's willful misfeasance, bad faith, or gross negligence in the
performance of such Indemnified Party's duties or by reason of such Indemnified
Party's reckless disregard of obligations or duties under this Agreement.
8.1(c). The Company shall not be liable under this indemnification
provision with respect to any claim made against an Indemnified Party unless
such Indemnified Party shall have notified the Company in writing within a
reasonable time after the summons or other first legal process giving
information of the nature of the claim shall have been served upon such
Indemnified Party (or after such Indemnified Party shall have received notice of
such service on any designated agent), but failure to notify the Company of any
such claim shall not relieve the Company from any liability which it may have to
the Indemnified Party against whom such action is brought otherwise than on
account of this indemnification provision. In case any such action is brought
against the Indemnified Parties, the Company shall be entitled to participate,
at its own expense, in the defense of such action. The Company also shall be
entitled to assume the defense thereof, with counsel satisfactory to the party
named in the action. After notice from the Company to such party of the
Company's election to assume the defense thereof, the Indemnified Party shall
bear the fees and expenses of any additional counsel retained by it, and the
Company will not be liable to such party under this Agreement for any legal or
other expenses subsequently incurred by such party independently in connection
with the defense thereof other than reasonable costs of investigation.
8.1(d). The Indemnified Parties will promptly notify the Company of the
commencement of any litigation or proceedings against them in connection with
the issuance or sale of the Trust shares or the Contracts or the operation of
the Trust.
8.2. Indemnification by the Underwriter
8.2(a). The Underwriter agrees to indemnify and hold harmless the
Company and each of its directors, officers and employees and each person, if
any, who controls the Company within the meaning of Section 15 of the 1933 Act
(collectively, an "Indemnified Parties" and individually, "Indemnified Party,"
for purposes of this Section 8.2) against any and all losses, claims, damages,
liabilities (including amounts paid in settlement with the written consent of
the Underwriter) or litigation (including legal and other expenses) to which the
Indemnified Parties may become subject under any statute, at common law or
otherwise, insofar as such losses, claims, damages, liabilities or expenses (or
actions in respect thereof) or settlements are related to the sale or
acquisition of shares of a Fund or the Contracts and:
(i) arise out of or are based upon any untrue statement or alleged
untrue statement of any material fact contained in the registration
statement, prospectus, statement of additional information or sales
literature of the Trust (or any amendment or supplement to any of the
foregoing), or arise out of or are based upon the omission or the alleged
omission to state therein a material fact required to be stated therein or
necessary to make the statements therein not misleading, provided that this
agreement to indemnify shall not apply as to any Indemnified Party if such
statement or omission or such alleged statement or omission was made in
reliance upon and in conformity with information furnished to the Trust by
or on behalf of the Company for use in the registration statement,
prospectus, statement of additional information for the Trust or in sales
literature (or any amendment or supplement) or otherwise for use in
connection with the sale of the Contracts or Fund shares; or
(ii) arise out of or as a result of statements or representations
(other than statements or representations contained in the registration
statement, prospectus, statement of additional information or sales
literature for the Contracts not supplied by the Trust or persons under its
control and other than statements or representations authorized by the
Company) or unlawful conduct of the Trust, Underwriter(s) or Underwriter or
persons under their control, with respect to the sale or distribution of
the Contracts or Fund shares; or
(iii) arise out of or as a result of any untrue statement or alleged
untrue statement of a material fact contained in a registration statement,
prospectus, statement of additional information or sales literature
covering the Contracts, or any amendment thereof or supplement thereto, or
the omission or alleged omission to state therein a material fact required
to be stated therein or necessary to make the statement or statements
therein not misleading, if such statement or omission was made in reliance
upon information furnished to the Company by or on behalf of the Trust; or
(iv) arise as a result of any failure by the Trust to provide the
services and furnish the materials under the terms of this Agreement, or
(v) arise out of or result from any material breach of any
representation and/or warranty made by the Trust or Underwriter in this
Agreement or arise out of or result from any other material breach of this
Agreement by the Underwriter; as limited by and in accordance with the
provisions of Sections 8.2(b) and 8.2(c) hereof.
8.2(b). The Underwriter shall not be liable under this indemnification
provision with respect to any losses, claims, damages, liabilities, or
litigation incurred or assessed against an Indemnified Party as such may arise
from such Indemnified Party's willful misfeasance, bad faith, or gross
negligence in the performance of such Indemnified Party's duties or by reason of
such Indemnified Party's reckless disregard of obligations and duties under this
Agreement.
8.2(c). The Underwriter shall not be liable under this indemnification
provision with respect to any claim made against an Indemnified Party unless
such Indemnified Party shall have notified the Underwriter in writing within a
reasonable time after the summons or other first legal process giving
information of the nature of the claim shall have been served upon such
Indemnified Party (or after such Indemnified Party shall have received notice of
such service on any designated agent), but failure to notify the Underwriter of
any such claim shall not relieve the Underwriter from any liability which it may
have to the Indemnified Party against whom such action is brought otherwise than
on account of this indemnification provision. In case any such action is brought
against the Indemnified Parties, the Underwriter will be entitled to
participate, at its own expense, in the defense thereof. The Underwriter also
shall be entitled to assume the defense thereof, with counsel satisfactory to
the party named in the action. After notice from the Underwriter to such party
of the Underwriter's election to assume the defense thereof, the Indemnified
Party shall bear the fees and expenses of any additional counsel retained by it,
and the Underwriter will not be liable to such party under this Agreement for
any legal or other expenses subsequently incurred by such party independently in
connection with the defense thereof other than reasonable costs of
investigation.
8.2(d). The Company agrees promptly to notify the Underwriter of the
commencement of any litigation or proceedings against it or any of its officers
or directors in connection with the issuance or sale of the Contracts or the
operation of each Account.
8.3. Indemnification by the Trust
8.3(a). The Trust agrees to indemnify and hold harmless the Company,
and each of its directors and officers and each person, if any, who controls the
Company within the meaning of Section 15 of the 1933 Act (hereinafter
collectively, the "Indemnified Parties" and individually, "Indemnified Party,"
for purposes of this Section 8.3) against any and all losses, claims, damages,
liabilities (including amounts paid in settlement with the written consent of
the Trust) or litigation (including legal and other expenses) to which the
Indemnified Parties may become subject under any statute, at common law or
otherwise, insofar as such losses, claims, damages, liabilities or expenses (or
actions in respect thereof) or settlements result from the gross negligence, bad
faith or willful misconduct of the Board or any member thereof, and are related
to the operations of the Trust and:
(i) arise as a result of any failure by the Trust to provide the
services and furnish the materials under the terms of this Agreement; or
(ii) arise out of or result from any material breach of any
representation and/or warranty made by the Trust in this Agreement or arise
out of or result from any other material breach of this Agreement by the
Trust;
8.3(b). The Trust shall not be liable under this indemnification
provision with respect to any losses, claims, damages, liabilities or litigation
incurred or assessed against an Indemnified Party as may arise from such
Indemnified Party's willful misfeasance, bad faith, or gross negligence in the
performance of such Indemnified Party's duties or by reason of such Indemnified
Party's reckless disregard of obligations and duties under this Agreement.
8.3(c). The Trust shall not be liable under this indemnification
provision with respect to any claim made against an Indemnified Party unless
such Indemnified Party shall have notified the Trust in writing within a
reasonable time after the summons or other first legal process giving
information of the nature of the claim shall have been served upon such
Indemnified Party (or after such Indemnified Party shall have received notice of
such service on any designated agent), but failure to notify the Trust of any
such claim shall not relieve the Trust from any liability which it may have to
the Indemnified Party against whom such action is brought otherwise than on
account of this indemnification provision. In case any such action is brought
against the Indemnified Parties, the Trust will be entitled to participate, at
its own expense, in the defense thereof. The Trust also shall be entitled to
assume the defense thereof, with counsel satisfactory to the party named in the
action. After notice from the Trust to such party of the Trust's election to
assume the defense thereof, the Indemnified Party shall bear the fees and
expenses of any additional counsel retained by it, and the Trust will not be
liable to such party under this Agreement for any legal or other expenses
subsequently incurred by such party independently in connection with the defense
thereof other than reasonable costs of investigation.
8.3(d). The Company agrees promptly to notify the Trust of the
commencement of any litigation or proceedings against it or any of its
respective officers or directors in connection with this Agreement, the issuance
or sale of the Contracts, with respect to the operation of either Account, or
the sale or acquisition of shares of the Trust.
ARTICLE IX. APPLICABLE LAW
9.1. This Agreement shall be construed and the provisions hereof
interpreted under and in accordance with the substantive laws of the State of
Delaware.
9.2. This Agreement shall be subject to the provisions of the 1933,
1934 and 1940 Acts, and the rules and regulations and rulings thereunder,
including such exemptions from those statutes, rules and regulations as the
Securities and Exchange Commission may grant (including, but not limited to, the
Shared Funding Exemptive Order) and the terms hereof shall be interpreted and
construed in accordance therewith.
ARTICLE X. TERMINATION
10.1. This Agreement shall continue in full force and effect until the
first to occur of:
(a) termination by any party for any reason by one hundred and
eighty (180) days advance written notice delivered to the
other parties; or
(b) termination by the Company by written notice to the Trust and
the Underwriter with respect to any Fund based upon the
Company's determination that shares of such Fund are not
reasonably available to meet the requirements of the
Contracts; or
(c) termination by the Company by written notice to the Trust and
the Underwriter with respect to any Fund in the event any of
the Fund's shares are not registered, issued or sold in
accordance with applicable state and/or federal law or such
law precludes the use of such shares as the underlying
investment media of the Contracts issued or to be issued by
the Company; or
(d) termination by the Company by written notice to the Trust and
the Underwriter with respect to any Fund in the event that
such Fund ceases to qualify as a Regulated Investment Company
under Subchapter M of the Code or under any successor or
similar provision, or if the Company reasonably believes that
the Trust may fail to so qualify; or
(e) termination by the Company by written notice to the Trust and
the Underwriter with respect to any Fund in the event that
such Fund falls to meet the diversification requirements
specified in Article VI hereof; or
(f) termination by the Trust by written notice to the Company if
the Trust shall determine, in its sole judgment exercised in
good faith, that the Company and/or its affiliated companies
has suffered a material adverse change in its business,
operations, financial condition or prospects since the date of
this Agreement or is the subject of material adverse
publicity, or
(g) termination by the Company by written notice to the Trust and
the Underwriter, if the Company shall determine, in its sole
judgment exercised in good faith, that either the Trust or the
Underwriter has suffered a material adverse change in its
business, operations, financial condition or prospects since
the date of this Agreement or is the subject of material
adverse publicity; or
10.2. Notwithstanding any termination of this Agreement, the Trust
shall, at the option of the Company, continue to make available additional
shares of the Trust pursuant to the terms and conditions of this Agreement, for
all Contracts in effect on the effective date of termination of this Agreement
(hereinafter referred to as "Existing, Contracts"). Specifically, without
limitation, the owners of the Existing Contracts shall be permitted to direct
reallocation of investments in the Trust, redemption of investments in the Trust
and investment in the Trust upon the making of additional purchase payments
under the Existing Contracts. The parties agree that this Section 10.2 shall not
apply to any terminations under Article VII and the effect of such Article VII
terminations shall be governed by Article VII of this Agreement.
10.3. The Company shall not redeem Trust shares attributable to the
Contracts (as distinct from Trust shares attributable to the Company's assets
held in the Account) except (i) as necessary to implement Contract Owner
initiated or approved transactions, or (ii) as required by state and/or federal
laws or regulations or judicial or other legal precedent of general application
(hereinafter referred to as a "Legally Required Redemption") or (iii) as
permitted by an order of the Securities and Exchange Commission pursuant to
Section 26(b) of the 1940 Act. Upon request, the Company will promptly furnish
to the Trust the opinion of counsel for the Company (which counsel shall be
reasonably satisfactory to the Trust) to the effect that any redemption pursuant
to clause (ii) above is a Legally Required Redemption. Furthermore, except in
cases where permitted under the terms of the Contracts, the Company shall not
prevent Contract Owners from allocating payments to a Fund that was otherwise
available under the Contracts without first giving the Trust 90 days prior
written notice of its intention to do so.
ARTICLE XI. NOTICES
Any notice shall be sufficiently given when sent by registered or
certified mail to the other party at the address of such party set forth below
or at such other address as such party may from time to time specify in writing
to the other party.
If to the Trust:
Rydex Variable Trust
6116 Executive Boulevard, Suite 400
Rockville, MD 20852
If to Underwriter:
PADCO Financial Services, Inc.
6116 Executive Boulevard, Suite 400
Rockville, MD 20852
If to the Company:
Conseco Variable Insurance Company
11825 North Pennsylvania Street
Carmel, IN 46032
ARTICLE XII. MISCELLANEOUS
12.1. All persons dealing with the Trust must look solely to the
property of the Trust for the enforcement of any claims against the Trust as
neither the Board, officers, agents or shareholders assume any personal
liability for obligations entered into on behalf of the Trust.
12.2. Subject to the requirements of legal process and regulatory
authority, each party hereto shall treat as confidential the names and addresses
of the owners of the Contracts and all information reasonably identified as
confidential in writing by any other party hereto and, except as permitted by
this Agreement, shall not disclose, disseminate or utilize such names and
addresses and other confidential information until such time as it may come into
the public domain without the express written consent of the affected party.
12.3. The captions in this Agreement are included for convenience of
reference only and in no way define or delineate any of the provisions hereof or
otherwise affect their construction or effect.
12.4. This Agreement may be executed simultaneously in two or more
counterparts, each of which taken together shall constitute one and the same
instrument.
12.5. If any provision of this Agreement shall be held or made invalid
by a court decision, statute, rule or otherwise, the remainder of the Agreement
shall not be affected thereby.
12.6. Each party hereto shall cooperate with each other party and all
appropriate governmental authorities (including without limitation the
Securities and Exchange Commission, the National Association of Securities
Dealers and state insurance regulators) and shall permit such authorities
reasonable access to its books and records in connection with any investigation
or inquiry relating to this Agreement or the transactions contemplated hereby.
Notwithstanding the generality of the foregoing, each party hereto further
agrees to furnish the California Insurance Commissioner with any information or
reports in connection with services provided under this Agreement which such
Commissioner may request in order to ascertain whether the insurance operations
of the Company are being conducted in a manner consistent with the California
Insurance Regulations and any other applicable law or regulations.
12.7. The rights, remedies and obligations contained in this Agreement
are cumulative and are in addition to any and all rights, remedies and
obligations at law or in equity, which the parties hereto are entitled to under
state and federal laws.
12.8. This Agreement or any of the rights and obligations hereunder may
not be assigned by any party without the prior written consent of all parties
hereto; provided, however, that an Underwriter may assign this Agreement or any
rights or obligations hereunder to any affiliate of or company under common
control with the Underwriter, if such assignee is duly licensed and registered
to perform the obligations of the Underwriter under this Agreement.
12.9. The Company shall furnish, or shall cause to be furnished, to the
Trust or its designee copies of the following reports:
(a) the Company's annual statement (prepared under
statutory accounting principles) and annual report
(prepared under generally accepted accounting
principles ("GAAP"), if any), as soon as practical
and in any event within 90 days after the end of each
fiscal year;
(b) the Company's quarterly statements (statutory) (and
GAAP, if any), as soon as practical and in any event
within 45 days after the end of each quarterly
period:
12.10. No provision of this Agreement may be amended or modified in any
manner except by a written agreement properly authorized and executed by the
Company, Trust and Underwriter.
12.11. If this Agreement terminates, the parties agree that Article VII
and Sections 12.2 and 12.6 shall remain in effect after termination.
12.12. In the event the Trust intends to terminate the existence of a
Fund(s), the Underwriter shall be liable for the payment of all expenses
incurred in connection with any fund substitution undertaken by Company as a
result of such termination. Such expenses shall include but not be limited to
legal, accounting and brokerage costs.
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to
be executed in its name and on its behalf by its duly authorized representative
and its seal to be hereunder affixed hereto as of the date specified above.
CONSECO VARIABLE INSURANCE COMPANY
By: ______________________________
RYDEX VARIABLE TRUST
By: ______________________________
PADCO FINANCIAL SERVICES, INC.
By: ______________________________
CONSECO VARIABLE INSURANCE COMPANY
SCHEDULE A
SEPARATE ACCOUNTS AND ASSOCIATED CONTRACTS
Shares of the Funds of the Trust shall be made available as investments
for the following Separate Accounts:
Conseco Variable Annuity Account C - (5/1/93) Annuity Contract Form No. 22-4025
Conseco Variable Annuity Account E - (11/12/93) Annuity Contract Form No.
22-4047, 22-4048
Conseco Variable Annuity Account F - (9/26/97) Annuity Contract Form No. 22-4061
Conseco Variable Annuity Account G - (1/18/96) Annuity Contract Form No. 22-4056
Conseco Variable Annuity Account H - (11/1/99) Annuity Contract Form No.
CVIC-2000, CVIC-2001
Conseco Variable Life Account A - (tbd) Contract Form No. CVIC-1000
SCHEDULE B
PROXY VOTING PROCEDURES
The following is a list of procedures and corresponding responsibilities for the
handling of proxies and voting instructions relating to the Trust. The defined
terms herein shall have the meanings assigned in the Participation Agreement
except that the term "Company" shall also include the department or third party
assigned by the Company to perform the steps delineated below.
1 The proxy proposals are given to the Company by the Trust as early as
possible before the date set by the Trust for the shareholder meeting to
enable the Company to consider and prepare for the solicitation of voting
instructions from owners of the Contracts and to facilitate the
establishment of tabulation procedures. At this time the Trust will inform
the Company of the Record, Mailing and Meeting dates.
This will be done verbally approximately two months before meeting.
2 Promptly after the Record Date, the Company will perform a "tape run", or
other activity, which will generate the names, addresses and number of
units which are attributed to each contract owner/policyholder (the
"Customer") as of the Record Date. Allowance should be made for account
adjustments made after this date that could affect the status of the
Customers' accounts as of the Record Date.
Note: The number of proxy statements is determined by the activities
described in this Step #2. The Company will use its best efforts to call in
the number of Customers to the Trust , as soon as possible, but no later
than two weeks after the Record Date.
3 The Trust's Annual Report must be sent to each Customer by the Company
either before or together with the Customers' receipt of voting,
instruction solicitation material. The Trust will provide the last Annual
Report to the Company pursuant to the terms of Section 3.3 of the Agreement
to which this Schedule relates.
4 The text and format for the Voting Instruction Cards ("Cards" or "Card") is
provided to the Company by the Trust. The Company, at its expense, shall
produce and personalize the Voting Instruction Cards. The Trust or its
affiliate must approve the Card before it is printed. Allow approximately
2-4 business days for printing information on the Cards. Information
commonly found on the Cards includes:
a name (legal name as found on account registration)
b address
c Trust or account number
d coding to state number of units
e individual Card number for use in tracking and verification of votes
(already on Cards as printed by the Trust).
(This and related steps may occur later in the chronological process due to
possible uncertainties relating to the proposals.)
5 During this time, the Trust will develop, produce and pay for the Notice of
Proxy and the Proxy Statement (one document). Printed and folded notices
and statements will be sent to Company for insertion into envelopes
(envelopes and return envelopes are provided and paid for by the Company).
Contents of envelope sent to Customers by the Company will include:
a Voting Instruction Card(s)
b one proxy notice and statement (one document)
c return envelope (postage pre-paid by Company) addressed to the Company
or its tabulation agent d "urge buckslip" - optional, but recommended.
(This is a small, single sheet of paper that requests Customers to
vote as quickly as possible and that their vote is important. One copy
will be supplied by the Trust.)
e cover letter - optional, supplied by Company and reviewed and approved
in advance by the Trust
6 The above contents should be received by the Company approximately 3-5
business days before mail date. Individual in charge at Company reviews and
approves the contents of the mailing package to ensure correctness and
completeness. Copy of this approval sent to the Trust.
7 Package mailed by the Company.
* The Trust must allow at least a 15-day solicitation time to the
Company as the shareowner. (A 5-week period is recommended.)
Solicitation time is calculated as calendar days from (but not
including,) the meeting, counting backwards.
8 Collection and tabulation of Cards begins. Tabulation usually takes place
in another department or another vendor depending on process used. An often
used procedure is to sort Cards on arrival by proposal into vote categories
of all yes, no, or mixed replies, and to begin data entry.
Note: Postmarks are not generally needed. A need for postmark information
would be due to an insurance company's internal procedure and has not been
required by the Trust in the past.
9 Signatures on Card checked against legal name on account registration which
was printed on the Card.
Note: For Example, if the account registration is under "John A. Smith,
Trustee," then that is the exact legal name to be printed on the Card and
is the signature needed on the Card.
10 If Cards are mutilated, or for any reason are illegible or are not signed
properly, they are sent back to Customer with an explanatory letter and a
new Card and return envelope. The mutilated or illegible Card is
disregarded and considered to be not received for purposes of vote
tabulation. Any Cards that have been "kicked out" (e.g. mutilated,
illegible) of the procedure are "hand verified," i.e., examined as to why
they did not complete the system. Any questions on those Cards are usually
remedied individually.
11 There are various control procedures used to ensure proper tabulation of
votes and accuracy of that tabulation. The most prevalent is to sort the
Cards as they first arrive into categories depending upon their vote; an
estimate of how the vote is progressing may then be calculated. If the
initial estimates and the actual vote do not coincide, then an internal
audit of that vote should occur. This may entail a recount.
12 The actual tabulation of votes is done in units which is then converted to
shares. (It is very important that the Trust receives the tabulations
stated in terms of a percentage and the number of shares.) The Trust must
review and approve tabulation format.
13 Final tabulation in shares is verbally given by the Company to the Trust on
the morning of the meeting not later than 10:00 a.m. Eastern time. The
Trust may request an earlier deadline if reasonable and if required to
calculate the vote in time for the meeting.
14 A Certification of Mailing and Authorization to Vote Shares will be
required from the Company as well as an original copy of the final vote.
The Trust will provide a standard form for each Certification.
15 The Company will be required to box and archive the Cards received from the
Customers. In the event that any vote is challenged or if otherwise
necessary for legal, regulatory, or accounting purposes, the Trust will be
permitted reasonable access to such Cards.
16 All approvals and "signing-off' may be done orally, but must always be
followed up in writing.
Blazzard, Grodd & Hasenauer, P.C.
943 Post Road East
Westport, CT 06880
(203) 226-7866
April 27, 2000
Board of Directors
Conseco Variable Insurance Company
11815 N. Pennsylvania Street
Carmel, IN 46032-4572
Re: Opinion of Counsel - Conseco
Variable Annuity Account G
Gentlemen:
You have requested our Opinion of Counsel in connection with the filing with the
Securities and Exchange Commission of a Post-Effective Amendment to a
Registration Statement on Form N-4 for the Individual and Group Fixed and
Variable Deferred Annuity Contracts and Certificates (the "Contracts") to be
issued by Conseco Variable Insurance Company and its separate account, Conseco
Variable Annuity Account G.
We have made such examination of the law and have examined such records and
documents as in our judgment are necessary or appropriate to enable us to render
the opinions expressed below.
We are of the following opinions:
1. Conseco Variable Annuity Account G is a Unit Investment Trust as the
term is defined in Section 4(2) of the Investment Company Act of 1940 (the
"Act"), and is currently registered with the Securities and Exchange Commission,
pursuant to Section 8(a) of the "Act".
2. Upon the acceptance of purchase payments made by an Owner or Certificate
Owner pursuant to a Contract issued in accordance with the Prospectus contained
in the Registration Statement and upon compliance with applicable law, such an
Owner or Certificate Owner will have a legally-issued, fully-paid,
non-assessable contractual interest under such Contract.
You may use this opinion letter, or a copy thereof, as an exhibit to the
Registration Statement.
We consent to the reference to our Firm under the captions "Legal Opinions"
contained in the Statement of Additional Information which forms a part of the
Registration Statement.
Sincerely,
BLAZZARD, GRODD & HASENAUER, P.C.
By: /S/ LYNN KORMAN STONE
__________________________
Lynn Korman Stone
CONSENT OF INDEPENDENT ACCOUNTANTS
We consent to the inclusion in Post-Effective Amendment No. 5 to the
Registration Statement of Conseco Variable Annuity Account G (the "Account")
on Form N-4 (File Nos. 333-00373 and 811-07501) of:
(1) Our report dated February 10, 2000, on our audit of the
financial statements of the Account; and
(2) Our report dated April 13, 2000, on our audits of the
financial statements of Conseco Variable Insurance Company.
We also consent to the reference to our Firm under the caption "Independent
Accountants".
/s/ PricewaterhouseCoopers LLP
-------------------------------
PricewaterhouseCoopers LLP
Indianapolis, Indiana
April 25, 2000
<TABLE>
<CAPTION>
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
ALGER AMERICAN - GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Alg1299.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1998 17.565771 56.929 1998 17.565771 -0.020 56.909 23.189882 1,319.70
1997 12.01799 83.209 1997 12.01799 -0.030 83.159 23.189882 1,928.44
Incept 10.000000 100.000 N/A 0 0.000 99.950 23.189882 2,317.82
----------------------------------
Initials Date
----------------------------------
Prepared by:
----------------------------------
Approved by:
----------------------------------
- ----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- ----------------------------------------------
-0.36 1,319.34 31.93%
-0.36 1,928.08 38.86%
0.00 2,317.82 36.99%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
ALGER AMERICAN - LEVERAGED
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Alg1299.XLS]B
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
1998 18.580433 53.820 1998 18.580433 -0.019 53.801 32.65795 1,757.02
1997 11.926133 83.849 1997 11.926133 -0.030 83.799 32.65795 2,736.72
Incept 10.000000 100.000 N/A 0 0.000 99.950 32.65795 3,264.18
----------------------------------
Initials Date
----------------------------------
Prepared by:
----------------------------------
Approved by:
----------------------------------
- ----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- ----------------------------------------------
-0.36 1,756.66 75.67%
-0.36 2,736.36 65.42%
0.00 3,264.18 55.72%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
ALGER AMERICAN - MID CAP
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Alg1299.XLS]C
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
1998 15.392143 64.968 1998 15.392143 -0.023 64.945 20.032232 1,300.99
1997 11.967307 83.561 1997 11.967307 -0.030 83.508 20.032232 1,672.84
Incept 10.000000 100.000 N/A 0 0.000 99.947 20.032232 2,002.15
----------------------------------
Initials Date
----------------------------------
Prepared by:
----------------------------------
Approved by:
----------------------------------
- ----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- ----------------------------------------------
-0.36 1,300.63 30.06%
-0.36 1,672.48 29.32%
0.00 2,002.15 29.68%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
ALGER AMERICAN - SMALL CAP
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Alg1299.XLS]D
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
1998 14.386676 69.509 1998 14.386676 -0.025 69.484 20.366734 1,415.16
1997 12.615658 79.267 1997 12.615658 -0.029 79.213 20.366734 1,613.32
Incept 10.000000 100.000 N/A 0 0.000 99.946 20.366734 2,035.58
----------------------------------
Initials Date
----------------------------------
Prepared by:
----------------------------------
Approved by:
----------------------------------
- ----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- ----------------------------------------------
-0.36 1,414.80 41.48%
-0.36 1,612.96 27.00%
0.00 2,035.58 30.49%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
AMERICAN - INCOME & GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[AM1299.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 10.826435 92.367 1998 10.826435 -0.033 92.334 12.612406 1,164.55
Incept 10.000000 100.000 N/A 0 0.000 99.967 12.612406 1,260.82
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:33:39 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,164.19 16.42%
0.00 1,260.82 14.88%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
AMERICAN - INTERNATIONAL
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[AM1299.XLS]B
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 9.709633 102.991 1998 9.709633 -0.037 102.954 15.722703 1,618.71
Incept 10.000000 100.000 N/A 0 0.000 99.963 15.722703 1,571.69
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:35:08 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,618.35 61.84%
0.00 1,571.69 31.07%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
AMERICAN - VALUE
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[AM1299.XLS]C
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 9.318051 107.319 1998 9.318051 -0.039 107.280 9.119531 978.35
Incept 10.000000 100.000 N/A 0 0.000 99.961 9.119531 911.60
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:35:46 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 977.99 -2.20%
0.00 911.60 -5.39%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
BALANCED
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[BAL1299.xls]A
- --------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------
1998 13.208721 75.708 1998 13.208721 -0.027 75.681 17.061023 1,291.19
1997 12.124015 82.481 1997 12.124015 -0.030 82.424 17.061023 1,406.24
Incept 10.000000 100.000 N/A 0 0.000 99.943 17.061023 1,705.13
---------------------------------
---------------------------------
Initials Date
---------------------------------
---------------------------------
Prepared by:
---------------------------------
---------------------------------
Approved by:
---------------------------------
---------------------------------
17-Apr-00
03:42:53 PM
- ----------------------------------------------
- ----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- ----------------------------------------------
- ----------------------------------------------
-0.36 1,290.83 29.08%
-0.36 1,405.88 18.57%
0.00 1,705.13 22.11%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
BERGER - GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Ber1299.XLS]A
- -------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- -------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------
1998 9.710512 102.981 1998 9.710512 -0.037 102.944 14.294697 1,471.55
Incept 10.000000 100.000 N/A 0 0.000 99.963 14.294697 1,428.94
--------------------------------
--------------------------------
Initials Date
--------------------------------
--------------------------------
Prepared by:
--------------------------------
--------------------------------
Approved by:
--------------------------------
--------------------------------
17-Apr-00
03:44:48 PM
- --------------------------------------------
- --------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- --------------------------------------------
- --------------------------------------------
-0.36 1,471.19 47.12%
0.00 1,428.94 23.81%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
BERGER - BIAM INT'L
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Ber1299.XLS]B
- -------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- -------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------
1998 9.991762 100.082 1998 9.991762 -0.036 100.046 12.960694 1,296.67
Incept 10.000000 100.000 N/A 0 0.000 99.964 12.960694 1,295.60
--------------------------------
--------------------------------
Initials Date
--------------------------------
--------------------------------
Prepared by:
--------------------------------
--------------------------------
Approved by:
--------------------------------
--------------------------------
17-Apr-00
03:44:48 PM
- --------------------------------------------
- --------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- --------------------------------------------
- --------------------------------------------
-0.36 1,296.31 29.63%
0.00 1,295.60 16.76%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
BERGER - GROWTH & INCOME
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Ber1299.XLS]C
- -------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- -------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------
1998 11.183646 89.416 1998 11.183646 -0.032 89.384 17.558227 1,569.42
Incept 10.000000 100.000 N/A 0 0.000 99.968 17.558227 1,755.26
--------------------------------
--------------------------------
Initials Date
--------------------------------
--------------------------------
Prepared by:
--------------------------------
--------------------------------
Approved by:
--------------------------------
--------------------------------
17-Apr-00
03:44:48 PM
- --------------------------------------------
- --------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- --------------------------------------------
- --------------------------------------------
-0.36 1,569.06 56.91%
0.00 1,755.26 40.03%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
BERGER - SMALL COMPANY
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Ber1299.XLS]D
- -------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- -------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------
1998 8.831615 113.230 1998 8.831615 -0.041 113.189 16.690233 1,889.15
Incept 10.000000 100.000 N/A 0 0.000 99.959 16.690233 1,668.34
--------------------------------
--------------------------------
Initials Date
--------------------------------
--------------------------------
Prepared by:
--------------------------------
--------------------------------
Approved by:
--------------------------------
--------------------------------
17-Apr-00
03:44:48 PM
- --------------------------------------------
- --------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- --------------------------------------------
- --------------------------------------------
-0.36 1,888.79 88.88%
0.00 1,668.34 35.84%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
DREYFUS - DISCIPLINED
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Dry1299.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 10.726492 93.227 1998 10.726492 -0.034 93.193 12.541406 1,168.78
Incept 10.000000 100.000 N/A 0 0.000 99.966 12.541406 1,253.72
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:46:46 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,168.42 16.84%
0.00 1,253.72 14.49%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
DREYFUS - INTERNATIONAL VALUE
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Dry1299.XLS]B
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 9.423371 106.119 1998 9.423371 -0.038 106.081 11.889474 1,261.24
Incept 10.000000 100.000 N/A 0 0.000 99.962 11.889474 1,188.49
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:46:46 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,260.88 26.09%
0.00 1,188.49 10.89%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
DREYFUS - SOCIALLY RESPONSIBLE GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Dry1299.XLS]C
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 11.078197 90.267 1998 11.078197 -0.032 90.235 14.224514 1,283.54
Incept 10.000000 100.000 N/A 0 0.000 99.968 14.224514 1,421.99
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:46:46 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,283.18 28.32%
0.00 1,421.99 23.45%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
DREYFUS - STOCK INDEX
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Dry1299.XLS]D
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 10.963876 91.209 1998 10.963876 -0.033 91.176 13.052208 1,190.05
Incept 10.000000 100.000 N/A 0 0.000 99.967 13.052208 1,304.79
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:46:46 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,189.69 18.97%
0.00 1,304.79 17.26%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
CST - EQUITY
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[EQ1299.XLS]A
- ------------------------------------------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- ------------------------------------------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------------------------------------------
1998 14.76422 67.731 1998 14.76422 -0.024 67.707 21.755292 1,472.98
1997 12.936644 77.300 1997 12.936644 -0.028 77.248 21.755292 1,680.55
Incept 10.000000 100.000 N/A 0 0.000 99.948 21.755292 2,174.39
-----------------------------------
-----------------------------------
Initials Date
-----------------------------------
-----------------------------------
Prepared by:
-----------------------------------
-----------------------------------
Approved by:
-----------------------------------
-----------------------------------
17-Apr-00
03:48:22 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,472.62 47.26%
-0.36 1,680.19 29.62%
0.00 2,174.39 33.75%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
FEDERATED HIGH INCOME BOND
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Fed1299.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 9.805723 101.981 1998 9.805723 -0.037 101.944 9.902221 1,009.47
Incept 10.000000 100.000 N/A 0 0.000 99.963 9.902221 989.86
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:49:51 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,009.11 0.91%
0.00 989.86 -0.61%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
FEDERATED INT'L EQUITY
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Fed1299.XLS]B
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 13.510372 74.017 1998 13.510372 -0.027 73.990 24.656483 1,824.34
1997 10.899532 91.747 1997 10.899532 -0.033 91.687 24.656483 2,260.69
Incept 10.000000 100.000 N/A 0 0.000 99.940 24.656483 2,464.18
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:49:51 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,823.98 82.40%
-0.36 2,260.33 50.34%
0.00 2,464.18 40.16%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
FEDERATED UTILITY
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Fed1299.XLS]C
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 10.906294 91.690 1998 10.906294 -0.033 91.657 10.947785 1,003.44
Incept 10.000000 100.000 N/A 0 0.000 99.967 10.947785 1,094.42
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:49:51 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,003.08 0.31%
0.00 1,094.42 5.55%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
CST - FIXED INCOME
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[FIX1299.XLS]A
- ------------------------------------------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- ------------------------------------------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------------------------------------------
1998 11.222389 89.108 1998 11.222389 -0.032 89.076 11.034411 982.90
1997 10.7081 93.387 1997 10.7081 -0.034 93.321 11.034411 1,029.75
Incept 10.000000 100.000 N/A 0 0.000 99.934 11.034411 1,102.72
-----------------------------
-----------------------------
Initials Date
-----------------------------
-----------------------------
Prepared by:
-----------------------------
-----------------------------
Approved by:
-----------------------------
-----------------------------
17-Apr-00
03:52:12 PM
- -----------------------------------------
- -----------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------
- -----------------------------------------
-0.36 982.54 -1.75%
-0.36 1,029.39 1.46%
0.00 1,102.72 3.73%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
CST - GOVERNMENT SECURITIES
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[GS1299.XLS]A
- -------------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- -------------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------------
1998 11.230428 89.044 1998 11.230428 -0.032 89.012 10.811727 962.37
1997 10.625797 94.111 1997 10.625797 -0.034 94.045 10.811727 1,016.79
Incept 10.000000 100.000 N/A 0 0.000 99.934 10.811727 1,080.46
-----------------------------------
-----------------------------------
Initials Date
-----------------------------------
-----------------------------------
Prepared by:
-----------------------------------
-----------------------------------
Approved by:
-----------------------------------
-----------------------------------
17-Apr-00
03:54:25 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 962.01 -3.80%
-0.36 1,016.43 0.82%
0.00 1,080.46 2.94%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
INVESCO - HIGH YIELD
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[INV1299.XLS]A
- -----------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- -----------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------
1998 11.374298 87.918 1998 11.374298 -0.032 87.886 12.260149 1,077.50
1997 11.361583 88.016 1997 11.361583 -0.032 87.953 12.260149 1,078.31
Incept 10.000000 100.000 N/A 0 0.000 99.937 12.260149 1,225.24
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:55:47 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,077.14 7.71%
-0.36 1,077.95 3.82%
0.00 1,225.24 7.90%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
INVESCO - EQUITY INCOME
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[INV1299.XLS]B
- -----------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- -----------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------
1998 13.741308 72.773 1998 13.741308 -0.026 72.747 15.57693 1,133.17
1997 12.073939 82.823 1997 12.073939 -0.030 82.767 15.57693 1,289.26
Incept 10.000000 100.000 N/A 0 0.000 99.944 15.57693 1,556.82
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:55:47 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,132.81 13.28%
-0.36 1,288.90 13.53%
0.00 1,556.82 18.02%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
JANUS - AGGRESSIVE GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Jan1299.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 11.693693 85.516 1998 11.693693 -0.031 85.485 26.018575 2,224.20
Incept 10.000000 100.000 N/A 0 0.000 99.969 26.018575 2,601.06
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:57:08 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 2,223.84 122.38%
0.00 2,601.06 77.19%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
JANUS - GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Jan1299.XLS]B
- -------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- -------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------
1998 11.564882 86.469 1998 11.564882 -0.031 86.438 16.436786 1,420.76
Incept 10.000000 100.000 N/A 0 0.000 99.969 16.436786 1,643.17
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:57:08 PM
- ------------------------------------------------
- ------------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- ------------------------------------------------
- ------------------------------------------------
-0.36 1,420.40 42.04%
0.00 1,643.17 34.61%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
JANUS - WORLDWIDE GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Jan1299.XLS]C
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 10.511276 95.136 1998 10.511276 -0.034 95.102 17.062892 1,622.71
Incept 10.000000 100.000 N/A 0 0.000 99.966 17.062892 1,705.70
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:57:08 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,622.35 62.24%
0.00 1,705.70 37.65%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
LORD ABBETT - GROWTH & INCOME
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[LA1299.XLS]A
- -----------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- -----------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------
1998 12.97478 77.073 1998 12.97478 -0.028 77.045 14.951608 1,151.95
1997 11.644641 85.876 1997 11.644641 -0.031 85.817 14.951608 1,283.11
Incept 10.000000 100.000 N/A 0 0.000 99.941 14.951608 1,494.28
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:58:32 PM
- ----------------------------------------------
- ----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- ----------------------------------------------
- ----------------------------------------------
-0.36 1,151.59 15.16%
-0.36 1,282.75 13.26%
0.00 1,494.28 16.23%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
LAZARD - EQUITY
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[LAZ1299.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 10.559753 94.699 1998 10.559753 -0.034 94.665 11.27422 1,067.27
Incept 10.000000 100.000 N/A 0 0.000 99.966 11.27422 1,127.04
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:59:43 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,066.91 6.69%
0.00 1,127.04 7.42%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
LAZARD - SMALL CAP
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[LAZ1299.XLS]B
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 8.559454 116.830 1998 8.559454 -0.042 116.788 8.882039 1,037.32
Incept 10.000000 100.000 N/A 0 0.000 99.958 8.882039 887.83
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:59:43 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,036.96 3.70%
0.00 887.83 -6.87%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
MITCHELL HUTCHINS - GROWTH & INCOME
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[MH1299.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 9.904748 100.962 1998 9.904748 -0.036 100.926 10.787063 1,088.69
Incept 10.000000 100.000 N/A 0 0.000 99.964 10.787063 1,078.31
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
04:00:59 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,088.33 8.83%
0.00 1,078.31 4.62%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
NEUBERGER - LIMITED MATURITY BOND
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[NEU1299.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 10.163534 98.391 1998 10.163534 -0.035 98.356 10.180512 1,001.31
Incept 10.000000 100.000 N/A 0 0.000 99.965 10.180512 1,017.69
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
04:03:31 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,000.95 0.09%
0.00 1,017.69 1.05%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
NEUBERGER - PARTNERS
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[NEU1299.XLS]B
- -------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- -------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------
1998 9.280992 107.747 1998 9.280992 -0.039 107.708 9.836308 1,059.45
Incept 10.000000 100.000 N/A 0 0.000 99.961 9.836308 983.25
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
04:03:31 PM
- ------------------------------------------------
- ------------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- ------------------------------------------------
- ------------------------------------------------
-0.36 1,059.09 5.91%
0.00 983.25 -1.01%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
STRONG - GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[STRG1299.xls]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 11.533441 86.704 1998 11.533441 -0.031 86.673 21.617066 1,873.61
Incept 10.000000 100.000 N/A 0 0.000 99.969 21.617066 2,161.03
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
04:05:11 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,873.25 87.33%
0.00 2,161.03 58.59%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
STRONG - OPPORTUNITY
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[STRG1299.xls]B
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 9.546853 104.747 1998 9.546853 -0.038 104.709 12.713201 1,331.19
Incept 10.000000 100.000 N/A 0 0.000 99.962 12.713201 1,270.84
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
04:05:11 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,330.83 33.08%
0.00 1,270.84 15.42%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
VAN ECK - HARD ASSETS
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[VAN1299.XLS]A
- -------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee -$0.36 Admin Fee Units Unit Value Value
- -------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------
1998 7.135681 140.141 1998 7.135681 -0.050 140.091 8.52286 1,193.97
1997 10.466061 95.547 1997 10.466061 -0.034 95.462 8.52286 813.61
Incept 10.000000 100.000 N/A 0 0.000 99.915 8.52286 851.56
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
04:06:54 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
-0.36 1,193.61 19.36%
-0.36 813.25 -9.82%
0.00 851.56 -5.84%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
VAN ECK - EMERGING MARKETS
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[VAN1299.XLS]B
- -------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- -------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------
1998 5.238886 190.880 1998 5.238886 0.000 190.880 10.357402 1,977.02
1997 8.059627 124.075 1997 8.059627 0.000 124.075 10.357402 1,285.09
Incept 10.000000 100.000 N/A 0 0.000 100.000 10.357402 1,035.74
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
04:06:54 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,977.02 97.70%
0.00 1,285.09 13.36%
0.00 1,035.74 1.32%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
VAN ECK - WORLDWIDE BOND
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[VAN1299.XLS]C
- -----------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- -----------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------
1998 10.850072 92.165 1998 10.850072 0.000 92.165 9.872061 909.86
Incept 10.000000 100.000 N/A 0 0.000 100.000 9.872061 987.21
--------------------------------
--------------------------------
Initials Date
--------------------------------
--------------------------------
Prepared by:
--------------------------------
--------------------------------
Approved by:
--------------------------------
--------------------------------
17-Apr-00
04:06:54 PM
- -------------------------------------------
- -------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -------------------------------------------
- -------------------------------------------
0.00 909.86 -9.01%
0.00 987.21 -0.77%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
VAN ECK - REAL ESTATE TRUST
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[VAN1299.XLS]D
- -----------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- -----------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------
1998 8.520156 117.369 1998 8.520156 0.000 117.369 8.240317 967.16
Incept 10.000000 100.000 N/A 0 0.000 100.000 8.240317 824.03
--------------------------------
--------------------------------
Initials Date
--------------------------------
--------------------------------
Prepared by:
--------------------------------
--------------------------------
Approved by:
--------------------------------
--------------------------------
17-Apr-00
04:06:54 PM
- -------------------------------------------
- -------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -------------------------------------------
- -------------------------------------------
0.00 967.16 -3.28%
0.00 824.03 -10.94%
</TABLE>
<TABLE>
<CAPTION>
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
ALGER AMERICAN - GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Alg1299X.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1998 17.565771 56.929 1998 17.565771 0.000 56.929 23.189882 1,320.18
1997 12.01799 83.209 1997 12.01799 0.000 83.209 23.189882 1,929.61
Incept 10.000000 100.000 N/A 0 0.000 100.000 23.189882 2,318.99
----------------------------------
Initials Date
----------------------------------
Prepared by:
----------------------------------
Approved by:
----------------------------------
- ----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- ----------------------------------------------
<C> <C> <C>
0.00 1,320.18 32.02%
0.00 1,929.61 38.91%
0.00 2,318.99 37.01%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
ALGER AMERICAN - LEVERAGED
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Alg1299X.XLS]B
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
1998 18.580433 53.820 1998 18.580433 0.000 53.820 32.65795 1,757.65
1997 11.926133 83.849 1997 11.926133 0.000 83.849 32.65795 2,738.34
Incept 10.000000 100.000 N/A 0 0.000 100.000 32.65795 3,265.80
----------------------------------
Initials Date
----------------------------------
Prepared by:
----------------------------------
Approved by:
----------------------------------
- ----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- ----------------------------------------------
0.00 1,757.65 75.77%
0.00 2,738.34 65.48%
0.00 3,265.80 55.75%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
ALGER AMERICAN - MID CAP
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Alg1299X.XLS]C
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
1998 15.392143 64.968 1998 15.392143 0.000 64.968 20.032232 1,301.45
1997 11.967307 83.561 1997 11.967307 0.000 83.561 20.032232 1,673.91
Incept 10.000000 100.000 N/A 0 0.000 100.000 20.032232 2,003.22
----------------------------------
Initials Date
----------------------------------
Prepared by:
----------------------------------
Approved by:
----------------------------------
- ----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- ----------------------------------------------
0.00 1,301.45 30.15%
0.00 1,673.91 29.38%
0.00 2,003.22 29.71%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
ALGER AMERICAN - SMALL CAP
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Alg1299X.XLS]D
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
1998 14.386676 69.509 1998 14.386676 0.000 69.509 20.366734 1,415.67
1997 12.615658 79.267 1997 12.615658 0.000 79.267 20.366734 1,614.41
Incept 10.000000 100.000 N/A 0 0.000 100.000 20.366734 2,036.67
----------------------------------
Initials Date
----------------------------------
Prepared by:
----------------------------------
Approved by:
----------------------------------
- ----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- ----------------------------------------------
0.00 1,415.67 41.57%
0.00 1,614.41 27.06%
0.00 2,036.67 30.51%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
AMERICAN - INCOME & GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[AM1299X.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 10.826435 92.367 1998 10.826435 0.000 92.367 12.612406 1,164.97
Incept 10.000000 100.000 N/A 0 0.000 100.000 12.612406 1,261.24
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:40:58 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,164.97 16.50%
0.00 1,261.24 14.90%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
AMERICAN - INTERNATIONAL
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[AM1299X.XLS]B
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 9.709633 102.991 1998 9.709633 0.000 102.991 15.722703 1,619.30
Incept 10.000000 100.000 N/A 0 0.000 100.000 15.722703 1,572.27
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:40:58 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,619.30 61.93%
0.00 1,572.27 31.10%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
AMERICAN - VALUE
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[AM1299X.XLS]C
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 9.318051 107.319 1998 9.318051 0.000 107.319 9.119531 978.70
Incept 10.000000 100.000 N/A 0 0.000 100.000 9.119531 911.95
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:40:58 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 978.70 -2.13%
0.00 911.95 -5.37%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
BALANCED
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[BAL1299x.XLS]A
- --------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------
1998 13.208721 75.708 1998 13.208721 0.000 75.708 17.061023 1,291.66
1997 12.124015 82.481 1997 12.124015 0.000 82.481 17.061023 1,407.21
Incept 10.000000 100.000 N/A 0 0.000 100.000 17.061023 1,706.10
---------------------------------
---------------------------------
Initials Date
---------------------------------
---------------------------------
Prepared by:
---------------------------------
---------------------------------
Approved by:
---------------------------------
---------------------------------
17-Apr-00
03:42:13 PM
- ----------------------------------------------
- ----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- ----------------------------------------------
- ----------------------------------------------
0.00 1,291.66 29.17%
0.00 1,407.21 18.63%
0.00 1,706.10 22.14%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
BERGER - GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Ber1299X.XLS]A
- -------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- -------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------
1998 9.710512 102.981 1998 9.710512 0.000 102.981 14.294697 1,472.08
Incept 10.000000 100.000 N/A 0 0.000 100.000 14.294697 1,429.47
--------------------------------
--------------------------------
Initials Date
--------------------------------
--------------------------------
Prepared by:
--------------------------------
--------------------------------
Approved by:
--------------------------------
--------------------------------
17-Apr-00
03:44:18 PM
- --------------------------------------------
- --------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- --------------------------------------------
- --------------------------------------------
0.00 1,472.08 47.21%
0.00 1,429.47 23.84%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
BERGER - BIAM INT'L
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Ber1299X.XLS]B
- -------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- -------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------
1998 9.991762 100.082 1998 9.991762 0.000 100.082 12.960694 1,297.13
Incept 10.000000 100.000 N/A 0 0.000 100.000 12.960694 1,296.07
--------------------------------
--------------------------------
Initials Date
--------------------------------
--------------------------------
Prepared by:
--------------------------------
--------------------------------
Approved by:
--------------------------------
--------------------------------
17-Apr-00
03:44:18 PM
- --------------------------------------------
- --------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- --------------------------------------------
- --------------------------------------------
0.00 1,297.13 29.71%
0.00 1,296.07 16.79%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
BERGER - GROWTH & INCOME
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Ber1299X.XLS]C
- ------------------------------------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- ------------------------------------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------------------------------------
1998 11.183646 89.416 1998 11.183646 0.000 89.416 17.558227 1,569.99
Incept 10.000000 100.000 N/A 0 0.000 100.000 17.558227 1,755.82
--------------------------------
--------------------------------
Initials Date
--------------------------------
--------------------------------
Prepared by:
--------------------------------
--------------------------------
Approved by:
--------------------------------
--------------------------------
17-Apr-00
03:44:18 PM
- ---------------------------------------------
- ---------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- ---------------------------------------------
- ---------------------------------------------
0.00 1,569.99 57.00%
0.00 1,755.82 40.06%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
BERGER - SMALL COMPANY
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Ber1299X.XLS]D
- -------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- -------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------
1998 8.831615 113.230 1998 8.831615 0.000 113.230 16.690233 1,889.84
Incept 10.000000 100.000 N/A 0 0.000 100.000 16.690233 1,669.02
--------------------------------
--------------------------------
Initials Date
--------------------------------
--------------------------------
Prepared by:
--------------------------------
--------------------------------
Approved by:
--------------------------------
--------------------------------
17-Apr-00
03:44:18 PM
- --------------------------------------------
- --------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- --------------------------------------------
- --------------------------------------------
0.00 1,889.84 88.98%
0.00 1,669.02 35.87%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
DREYFUS - DISCIPLINED
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Dry1299X.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 10.726492 93.227 1998 10.726492 0.000 93.227 12.541406 1,169.20
Incept 10.000000 100.000 N/A 0 0.000 100.000 12.541406 1,254.14
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:46:22 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,169.20 16.92%
0.00 1,254.14 14.51%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
DREYFUS - INTERNATIONAL VALUE
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Dry1299X.XLS]B
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 9.423371 106.119 1998 9.423371 0.000 106.119 11.889474 1,261.70
Incept 10.000000 100.000 N/A 0 0.000 100.000 11.889474 1,188.95
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:46:22 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,261.70 26.17%
0.00 1,188.95 10.91%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
DREYFUS - SOCIALLY RESPONSIBLE GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Dry1299X.XLS]C
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 11.078197 90.267 1998 11.078197 0.000 90.267 14.224514 1,284.00
Incept 10.000000 100.000 N/A 0 0.000 100.000 14.224514 1,422.45
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:46:22 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,284.00 28.40%
0.00 1,422.45 23.48%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
DREYFUS - STOCK INDEX
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Dry1299X.XLS]D
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 10.963876 91.209 1998 10.963876 0.000 91.209 13.052208 1,190.48
Incept 10.000000 100.000 N/A 0 0.000 100.000 13.052208 1,305.22
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:46:22 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,190.48 19.05%
0.00 1,305.22 17.28%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
CST - EQUITY
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[EQ1299X.XLS]A
- ------------------------------------------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- ------------------------------------------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------------------------------------------
1998 14.76422 67.731 1998 14.76422 0.000 67.731 21.755292 1,473.51
1997 12.936644 77.300 1997 12.936644 0.000 77.300 21.755292 1,681.68
Incept 10.000000 100.000 N/A 0 0.000 100.000 21.755292 2,175.53
-----------------------------------
-----------------------------------
Initials Date
-----------------------------------
-----------------------------------
Prepared by:
-----------------------------------
-----------------------------------
Approved by:
-----------------------------------
-----------------------------------
17-Apr-00
03:47:59 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,473.51 47.35%
0.00 1,681.68 29.68%
0.00 2,175.53 33.78%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
FEDERATED HIGH INCOME BOND
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Fed1299X.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 9.805723 101.981 1998 9.805723 0.000 101.981 9.902221 1,009.84
Incept 10.000000 100.000 N/A 0 0.000 100.000 9.902221 990.22
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:49:26 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,009.84 0.98%
0.00 990.22 -0.59%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
FEDERATED INT'L EQUITY
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Fed1299X.XLS]B
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 13.510372 74.017 1998 13.510372 0.000 74.017 24.656483 1,825.00
1997 10.899532 91.747 1997 10.899532 0.000 91.747 24.656483 2,262.16
Incept 10.000000 100.000 N/A 0 0.000 100.000 24.656483 2,465.65
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:49:26 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,825.00 82.50%
0.00 2,262.16 50.40%
0.00 2,465.65 40.20%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
FEDERATED UTILITY
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Fed1299X.XLS]C
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 10.906294 91.690 1998 10.906294 0.000 91.690 10.947785 1,003.80
Incept 10.000000 100.000 N/A 0 0.000 100.000 10.947785 1,094.78
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:49:26 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,003.80 0.38%
0.00 1,094.78 5.57%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
CST - FIXED INCOME
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[FIX1299X.XLS]A
- ------------------------------------------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- ------------------------------------------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------------------------------------------
1998 11.222389 89.108 1998 11.222389 0.000 89.108 11.034411 983.25
1997 10.7081 93.387 1997 10.7081 0.000 93.387 11.034411 1,030.47
Incept 10.000000 100.000 N/A 0 0.000 100.000 11.034411 1,103.44
-----------------------------
-----------------------------
Initials Date
-----------------------------
-----------------------------
Prepared by:
-----------------------------
-----------------------------
Approved by:
-----------------------------
-----------------------------
17-Apr-00
03:51:47 PM
- -----------------------------------------
- -----------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------
- -----------------------------------------
0.00 983.25 -1.68%
0.00 1,030.47 1.51%
0.00 1,103.44 3.75%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
CST - GOVERNMENT SECURITIES
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[GS1299X.XLS]A
- -------------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- -------------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------------
1998 11.230428 89.044 1998 11.230428 0.000 89.044 10.811727 962.72
1997 10.625797 94.111 1997 10.625797 0.000 94.111 10.811727 1,017.50
Incept 10.000000 100.000 N/A 0 0.000 100.000 10.811727 1,081.17
-----------------------------------
-----------------------------------
Initials Date
-----------------------------------
-----------------------------------
Prepared by:
-----------------------------------
-----------------------------------
Approved by:
-----------------------------------
-----------------------------------
17-Apr-00
03:54:05 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 962.72 -3.73%
0.00 1,017.50 0.87%
0.00 1,081.17 2.97%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
INVESCO - HIGH YIELD
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[INV1299X.XLS]A
- -----------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- -----------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------
1998 11.374298 87.918 1998 11.374298 0.000 87.918 12.260149 1,077.89
1997 11.361583 88.016 1997 11.361583 0.000 88.016 12.260149 1,079.09
Incept 10.000000 100.000 N/A 0 0.000 100.000 12.260149 1,226.01
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:55:29 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,077.89 7.79%
0.00 1,079.09 3.88%
0.00 1,226.01 7.93%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
INVESCO - EQUITY INCOME
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[INV1299X.XLS]B
- -----------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- -----------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------
1998 13.741308 72.773 1998 13.741308 0.000 72.773 15.57693 1,133.58
1997 12.073939 82.823 1997 12.073939 0.000 82.823 15.57693 1,290.13
Incept 10.000000 100.000 N/A 0 0.000 100.000 15.57693 1,557.69
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:55:29 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,133.58 13.36%
0.00 1,290.13 13.58%
0.00 1,557.69 18.05%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
JANUS - AGGRESSIVE GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Jan1299X.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 11.693693 85.516 1998 11.693693 0.000 85.516 26.018575 2,225.00
Incept 10.000000 100.000 N/A 0 0.000 100.000 26.018575 2,601.86
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:56:49 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 2,225.00 122.50%
0.00 2,601.86 77.22%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
JANUS - GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Jan1299X.XLS]B
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 11.564882 86.469 1998 11.564882 0.000 86.469 16.436786 1,421.27
Incept 10.000000 100.000 N/A 0 0.000 100.000 16.436786 1,643.68
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:56:49 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,421.27 42.13%
0.00 1,643.68 34.63%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
JANUS - WORLDWIDE GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[Jan1299X.XLS]C
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 10.511276 95.136 1998 10.511276 0.000 95.136 17.062892 1,623.30
Incept 10.000000 100.000 N/A 0 0.000 100.000 17.062892 1,706.29
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:56:49 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,623.30 62.33%
0.00 1,706.29 37.68%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
LORD ABBETT - GROWTH & INCOME
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[LA1299X.XLS]A
- -----------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- -----------------------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------------------
1998 12.97478 77.073 1998 12.97478 0.000 77.073 14.951608 1,152.37
1997 11.644641 85.876 1997 11.644641 0.000 85.876 14.951608 1,283.98
Incept 10.000000 100.000 N/A 0 0.000 100.000 14.951608 1,495.16
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:58:11 PM
- ----------------------------------------------
- ----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- ----------------------------------------------
- ----------------------------------------------
0.00 1,152.37 15.24%
0.00 1,283.98 13.31%
0.00 1,495.16 16.25%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
LAZARD - EQUITY
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[LAZ1299X.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 10.559753 94.699 1998 10.559753 0.000 94.699 11.27422 1,067.66
Incept 10.000000 100.000 N/A 0 0.000 100.000 11.27422 1,127.42
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:59:27 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,067.66 6.77%
0.00 1,127.42 7.44%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
LAZARD - SMALL CAP
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[LAZ1299X.XLS]B
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 8.559454 116.830 1998 8.559454 0.000 116.830 8.882039 1,037.69
Incept 10.000000 100.000 N/A 0 0.000 100.000 8.882039 888.20
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
03:59:27 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,037.69 3.77%
0.00 888.20 -6.85%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
MITCHELL HUTCHINS - GROWTH & INCOME
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[MH1299X.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 9.904748 100.962 1998 9.904748 0.000 100.962 10.787063 1,089.08
Incept 10.000000 100.000 N/A 0 0.000 100.000 10.787063 1,078.71
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
04:00:39 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,089.08 8.91%
0.00 1,078.71 4.64%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
NEUBERGER - LIMITED MATURITY BOND
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[NEU1299X.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 10.163534 98.391 1998 10.163534 0.000 98.391 10.180512 1,001.67
Incept 10.000000 100.000 N/A 0 0.000 100.000 10.180512 1,018.05
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
04:03:00 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,001.67 0.17%
0.00 1,018.05 1.08%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
NEUBERGER - PARTNERS
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[NEU1299X.XLS]B
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 9.280992 107.747 1998 9.280992 0.000 107.747 9.836308 1,059.83
Incept 10.000000 100.000 N/A 0 0.000 100.000 9.836308 983.63
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
04:03:00 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,059.83 5.98%
0.00 983.63 -0.98%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
STRONG - OPPORTUNITY
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[STRG1299X.XLS]B
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 9.546853 104.747 1998 9.546853 0.000 104.747 12.713201 1,331.67
Incept 10.000000 100.000 N/A 0 0.000 100.000 12.713201 1,271.32
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
04:04:53 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,331.67 33.17%
0.00 1,271.32 15.45%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
STRONG - GROWTH
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[STRG1299X.XLS]A
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- --------------------------------------------------------------------------------------------------------------------------
- --------------------------------------------------------------------------------------------------------------------------
1998 11.533441 86.704 1998 11.533441 0.000 86.704 21.617066 1,874.29
Incept 10.000000 100.000 N/A 0 0.000 100.000 21.617066 2,161.71
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
04:04:53 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,874.29 87.43%
0.00 2,161.71 58.62%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
VAN ECK - HARD ASSETS
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[VAN1299X.XLS]A
- -------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- -------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------
1998 7.135681 140.141 1998 7.135681 0.000 140.141 8.52286 1,194.40
1997 10.466061 95.547 1997 10.466061 0.000 95.547 8.52286 814.33
Incept 10.000000 100.000 N/A 0 0.000 100.000 8.52286 852.29
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
04:06:21 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,194.40 19.44%
0.00 814.33 -9.76%
0.00 852.29 -5.81%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
VAN ECK - EMERGING MARKETS
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[VAN1299X.XLS]B
- -------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- -------------------------------------------------------------------------------------------------------------------------
- -------------------------------------------------------------------------------------------------------------------------
1998 5.238886 190.880 1998 5.238886 0.000 190.880 10.357402 1,977.02
1997 8.059627 124.075 1997 8.059627 0.000 124.075 10.357402 1,285.09
Incept 10.000000 100.000 N/A 0 0.000 100.000 10.357402 1,035.74
----------------------------------
----------------------------------
Initials Date
----------------------------------
----------------------------------
Prepared by:
----------------------------------
----------------------------------
Approved by:
----------------------------------
----------------------------------
17-Apr-00
04:06:21 PM
- -----------------------------------------------
- -----------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -----------------------------------------------
- -----------------------------------------------
0.00 1,977.02 97.70%
0.00 1,285.09 13.36%
0.00 1,035.74 1.32%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
VAN ECK - WORLDWIDE BOND
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[VAN1299X.XLS]C
- -----------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- -----------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------
1998 10.850072 92.165 1998 10.850072 0.000 92.165 9.872061 909.86
Incept 10.000000 100.000 N/A 0 0.000 100.000 9.872061 987.21
--------------------------------
--------------------------------
Initials Date
--------------------------------
--------------------------------
Prepared by:
--------------------------------
--------------------------------
Approved by:
--------------------------------
--------------------------------
17-Apr-00
04:06:21 PM
- -------------------------------------------
- -------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -------------------------------------------
- -------------------------------------------
0.00 909.86 -9.01%
0.00 987.21 -0.77%
CONSECO VARIABLE INSURANCE COMPANY - ACCOUNT "G"
VAN ECK - REAL ESTATE TRUST
INDIVIDUAL & GROUP PROSPECTUS - MONUMENT
AVERAGE ANNUAL TOTAL RETURN
12/31/1999
TO MEET COMPLIANCE REQUIREMENTS OF SEC RELEASE IC-16245
G:\accting\SEPARATE\GARCO\MONUMENT\SEC\[VAN1299X.XLS]D
- -----------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------
Accumulated Unit Value Accumulated
Units Year of For Annual Units Deducted Total Total
End of Unit Purchased Admin Admin Fee For Annual Accum 12/31/1999 Accum
Qtr Value For $1,000 Fee $0.00 Admin Fee Units Unit Value Value
- -----------------------------------------------------------------------------------------------------------------
- -----------------------------------------------------------------------------------------------------------------
1998 8.520156 117.369 1998 8.520156 0.000 117.369 8.240317 967.16
Incept 10.000000 100.000 N/A 0 0.000 100.000 8.240317 824.03
--------------------------------
--------------------------------
Initials Date
--------------------------------
--------------------------------
Prepared by:
--------------------------------
--------------------------------
Approved by:
--------------------------------
--------------------------------
17-Apr-00
04:06:21 PM
- -------------------------------------------
- -------------------------------------------
Value after Average Annual
Full Deduction for Total Return
Surrender Admin Fee n
Admin Fee (ERV) P(1+T) = ERV
- -------------------------------------------
- -------------------------------------------
0.00 967.16 -3.28%
0.00 824.03 -10.94%
</TABLE>
CONSECO, INC. (Indiana) - (publicly traded)
CIHC, Incorporated (Delaware)
Bankers National Life Insurance Company (Texas)
National Fidelity Life Insurance Company (Missouri)
Bankers Life Insurance Company of Illinois (Illinois)
Bankers Life & Casualty Company (Illinois)
Conseco Life Insurance Company of Texas (Texas)
Conseco Variable Insurance Company (Texas)
Conseco Annuity Assurance Company (Illinois)
Vulcan Life Insurance Company (Indiana) - (98%)
Conseco Direct Life Insurance Company (Pennsylvania)
Wabash Life Insurance Company (Indiana)
Conseco Life Insurance Company (Indiana)
Washington National Insurance Company (Illinois)
Conseco Senior Health Insurance Company (Pennsylvania)
Pioneer Life Insurance Company (Illinois)
Conseco Life Insurance Company of New York (New York)
Conseco Medical Insurance Company (Illinois)
Continental Life Insurance Company (Texas)
United Presidential Life Insurance Company (Indiana)
Conseco Health Insurance Company (Arizona)
Frontier National Life Insurance Company (Ohio)
Conseco Capital Management, Inc. (Delaware)
Conseco Equity Sales, Inc. (Texas)
Conseco Securities, Inc. (Delaware)
Conseco Services, LLC (Indiana)
Marketing Distribution Systems Consulting Group, Inc. (Delaware)
Conseco Finance Corp. (Delaware)
Conseco Finance Servicing Corp. (Delaware)
Conseco Series Trust (Massachusetts)*
Conseco Fund Group (Massachusetts) (publicly held)**
* The shares of Conseco Series Trust currently are sold to Bankers National
Variable Account B, Conseco Variable Annuity Account C, Conseco Variable
Annuity Account E, Conseco Variable Annuity Account F, Conseco Variable
Account G, Conseco Variable Annuity Account H, each being segregated asset
accounts established pursuant to Texas law by Bankers National Life
Insurance Company and Conseco Variable Insurance Company, respectively.
Shares of Conseco Series Trust are also sold to BMA Variable Life Account A
of Business Men's Assurance Company of America.
** The shares of the Conseco Fund Group are sold to the public; Conseco
affiliates currently hold in excess of 95% of its shares.
