As filed with the Securities and Exchange Registration No. 333-01107
Commission on October 30, 1997 Registration No. 811-2513
- --------------------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM N-4
- --------------------------------------------------------------------------------
Post-Effective Amendment No. 7 To
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933
and Amendment to
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940
- --------------------------------------------------------------------------------
Variable Annuity Account C of Aetna Life Insurance and Annuity Company
Aetna Life Insurance and Annuity Company
151 Farmington Avenue, RE4A, Hartford, Connecticut 06156
Depositor's Telephone Number, including Area Code: (860) 273-4686
Julie E. Rockmore, Counsel
Aetna Life Insurance and Annuity Company
151 Farmington Avenue, RE4A, Hartford, Connecticut 06156
(Name and Address of Agent for Service)
- --------------------------------------------------------------------------------
It is proposed that this filing will become effective:
60 days after filing pursuant to paragraph (a)(1) of Rule 485
------
X on December 31, 1997 pursuant to paragraph (a)(1) of Rule 485
------
<PAGE>
VARIABLE ANNUITY ACCOUNT C
CROSS REFERENCE SHEET
<TABLE>
<CAPTION>
LOCATION - PROSPECTUS DATED
MAY 1, 1997 AND AS AMENDED BY
FORM N-4 SUPPLEMENTS DATED AUGUST 21,
ITEM NO. PART A (PROSPECTUS) 1997 AND DECEMBER 31, 1997
<S> <C> <C>
1 Cover Page................................. Cover Page, and as amended
2 Definitions................................ Definitions
3 Synopsis................................... Prospectus Summary; Fee Table, and as
amended
4 Condensed Financial Information............ Condensed Financial Information;
Appendix VII - Condensed Financial
Information
5 General Description of Registrant,
Depositor, and Portfolio Companies......... The Company; Variable Annuity Account
C; The Funds, and as amended
6 Deductions and Expenses.................... Charges and Fees During the
Accumulation Period, and as amended
7 General Description of Variable Annuity
Contracts.................................. Purchase; Miscellaneous
8 Annuity Period............................. Annuity Period
9 Death Benefit.............................. Death Benefit
10 Purchases and Contract Value............... Purchase; Determining Individual Account
Current Value
11 Redemptions................................ Contract Rights; Additional Withdrawal
Options
12 Taxes...................................... Tax Status
13 Legal Proceedings.......................... Miscellaneous - Legal Proceedings and
Legal Matters
14 Table of Contents of the Statement of
Additional Information..................... Statement of Additional Information -
Table of Contents
<PAGE>
LOCATION - STATEMENT OF
FORM N-4 PART B (STATEMENT OF ADDITIONAL INFORMATION
ITEM NO. ADDITIONAL INFORMATION) DATED MAY 1, 1997
15 Cover Page................................. Cover page
16 Table of Contents......................... Table of Contents
17 General Information and History........... General Information and History
18 Services.................................. General Information and History;
Independent Auditors
19 Purchase of Securities Being Offered...... Offering and Purchase of Contracts
20 Underwriters.............................. Offering and Purchase of Contracts
21 Calculation of Performance Data........... Performance Data; Average Annual
Total Return Quotations
22 Annuity Payments.......................... Annuity Payments
23 Financial Statements...................... Financial Statements
</TABLE>
Part C (Other Information)
Information required to be included in Part C is set forth under the appropriate
item, so numbered, in Part C to this Registration Statement.
<PAGE>
PARTS A AND B
The Prospectus and the Statement of Additional Information are incorporated in
Part A and Part B of the Post-Effective Amendment No. 7, respectively, by
reference to Post-Effective Amendment No. 5 to the Registration Statement on
Form N-4 (File No. 333-01107), as filed electronically on April 14, 1997
(Accession No. 0000950146-97-000593), and by reference to a Supplement to the
Prospectus dated August 21, 1997, as contained in Post-Effective Amendment No. 6
to the Registration Statement on Form N-4 (File No. 333-01107), as filed
electronically on August 20, 1997 (Accession No. 0000950146-97-001317) and by
reference to a Supplement to the Prospectus dated December 31, 1997 which is
included in this filing.
<PAGE>
Aetna Life Insurance and Annuity Company
Variable Annuity Account C
Retirement Plus and Voluntary Tax-Deferred Annuity Plans
Supplement Dated December 31, 1997 to
Prospectus Dated May 1, 1997 as amended on August 21, 1997
The Prospectus dated May 1, 1997 as amended by Supplement dated August 21,
1997, is amended as follows:
Prospectus - Page 12
The text above the tables in "Option A" and "Option B" under "CHARGES AND FEES
DURING THE ACCUMULATION PERIOD" is replaced by the following:
Option A
A Contract Holder may select any of the charges and fees elections under Option
A below. Under Option A, a transfer credit may apply to transfers to the
Company of assets not previously held by the Company. See "Determining
Individual Account Current Value--Transfer Credits" and Appendices II and III.
If a Contract is acquired by exchange, and a transfer credit will apply, then
for existing Participants of the exchanged contract, the Option A charges and
fees schedule set forth below with a Withdrawal Fee for 10 years will apply.
See Appendix VI. New Participants of a Contract acquired by exchange will be
subject to the charges and fees schedule selected by the Contract Holder.
The charges and fees shown below for Contract Holders are the maximum Contract
charges which will apply. There are conditions under which these charges and
fees may be reduced for certain Contract Holders. See "REDUCTION OF MORTALITY
AND EXPENSE RISK AND/OR ADMINISTRATIVE CHARGES" and "REDUCTION OR ELIMINATION
OF THE MAINTENANCE FEE."
Option B
Charges and fees elections under Option B are available if:
a) the Company will receive all future allocations of assets of the Contract
Holder's Plan(s); and
b) the Contract Holder is transferring assets to the Company in an amount
which satisfies the then current rules of the Company, applied in a
nondiscriminatory manner.
If a Contract is acquired by exchange, then for existing Participants of the
exchanged contract, the Option B charges and fees schedule set forth below with
a Withdrawal Fee for 10 years will apply. See Appendix VI. New Participants of
a Contract acquired by exchange will be subject to the charges and fees
schedule selected by the Contract Holder. If a Contract Holder selects a
charges and fees election under Option B, no transfer credit will apply.
The charges and fees shown below for Contract Holders are the maximum Contract
charges which will apply. There are conditions under which these charges and
fees may be reduced for certain Contract Holders. See "REDUCTION OF MORTALITY
AND EXPENSE RISK AND/OR ADMINISTRATIVE CHARGES" and "REDUCTION OR ELIMINATION
OF THE MAINTENANCE FEE."
SUBJECT TO COMPLETION OR AMENDMENT
INFORMATION CONTAINED HEREIN IS SUBJECT TO COMPLETION OR AMENDMENT. A
REGISTRATION STATEMENT RELATING TO THESE SECURITIES HAS BEEN FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION. THESE SECURITIES MAY NOT BE SOLD NOR MAY
OFFERS TO BUY BE ACCEPTED PRIOR TO THE TIME THE REGISTRATION STATEMENT BECOMES
EFFECTIVE. THIS PROSPECTUS SUPPLEMENT SHALL NOT CONSTITUTE AN OFFER TO SELL OR
THE SOLICITATION OF ANY OFFER TO BUY NOR SHALL THERE BE ANY SALE OF THESE
SECURITIES IN ANY STATE IN WHICH SUCH OFFER, SOLICITATION OR SALE WOULD BE
UNLAWFUL PRIOR TO REGISTRATION OR QUALIFICATION UNDER THE SECURITIES LAWS OF
ANY SUCH STATE.
The Date of this Supplement is December 31, 1997
X01107-97
<PAGE>
Prospectus - Page 14
The following will be inserted after the section "ADMINISTRATIVE EXPENSE
CHARGES" under "CHARGES AND FEES DURING THE ACCUMULATION PERIOD":
REDUCTION OF MORTALITY AND EXPENSE RISK AND/OR ADMINISTRATIVE CHARGES
Mortality and expense risk and/or administrative charges may be reduced from
the maximum shown in the table for each Aggregate Current Value for a Contract
Holder under various conditions as agreed to by us and by the Contract Holder
in writing. Any reduction to the mortality and expense risk and/or
administrative charges will reflect differences in expenses for administration
after taking into consideration factors such as the following:
[bullet] The Plan design. For example, the Plan design may favor stability
of invested assets and limit the conditions for withdrawals, loans, and
investment options available which in turn will lower administrative
expenses.
[bullet] The number of eligible Participants and the program's participation
rate.
[bullet] The frequency, consistency and method of submitting Contributions and
loan repayments.
[bullet] The projected annual Contributions for all Participants in the
program.
[bullet] The method and extent of onsite services such as enrollment and
ongoing Participant services.
[bullet] The Contract Holder's support and involvement in the communication,
enrollment, Participant education, and other administrative services.
[bullet] The type and level of other factors that affect the overall
administrative expense.
We will determine any reduction of mortality and expense risk and/or
administrative expense charges on a basis that is not unfairly discriminatory.
We will make any reduction in mortality and expense risk and/or administrative
changes according to the Company's rules in effect at the time an application
for a Contract is approved. We reserve the right to change these rules from
time to time.
Prospectus - Page 13
The following will be inserted after the section "ANNUAL MAINTENANCE FEE" under
"CHARGES AND FEES DURING THE ACCUMULATION PERIOD":
REDUCTION OR ELIMINATION OF THE MAINTENANCE FEE
The annual Maintenance Fee may be reduced or eliminated for Contract Holders
having an Aggregate Current Value greater than $1 million under various
conditions as agreed to by us and by the Contract Holder in writing. Any
reduction or elimination of the annual Maintenance Fee will reflect differences
in administrative costs and services after taking into consideration factors
such as the following:
[bullet] the characteristics and nature of the group to which a Contract is
issued.
[bullet] the number of eligible Participants and the program's participation
rate.
[bullet] the level of the Company's anticipated expenses in administering the
Contract on an ongoing basis.
We will determine any reduction or elimination of Maintenance Fees on a basis
that is not unfairly discriminatory. We will make any reduction in annual
Maintenance Fees according to the Company's own rules in effect at the time an
application for a Contract is approved. We reserve the right to change these
rules from time to time.
Prospectus - Page 13
The following is inserted following item (h) in the "WITHDRAWAL FEE" section
under "CHARGES AND FEES DURING THE ACCUMULATION PERIOD":
(i) withdrawal due to a transfer of the Individual Account Current Value to
another retirement product offered by the Company under the Contract Holder's
Plan under various conditions as agreed to by us and by the Contract Holder in
writing.
Prospectus - Page 29
The first sentence of Appendix IV--Fixed Account is replaced with the
following:
If available under your Contract, the Fixed Account is an investment option
available only for amounts previously allocated to a Fixed Account under
contracts that are exchanged into one or more of the Contracts.
<PAGE>
Prospectus - Page 32
The section entitled "Deferred Sales Charge" under "Appendix VI Contracts
Acquired By Exchange," is replaced with the following:
Deferred Sales Charge
Under the Acquired Contract, new Participants of the Acquired Contract will be
subject to the Withdrawal Fee elected by the Contract Holder. See "Charges and
Fees During the Annuity Period." The Withdrawal Fee for existing Participants
of an Exchanged Contract, however, will be subject to the deferred sales
charges outlined below and as previously set forth in their Exchanged Contract
unless such charges are reduced or eliminated. See "Reduction or Elimination of
the Deferred Sales Charge" below. In general, deferred sales charges may be
deducted from amounts withdrawn during the first 10 Purchase Payment Periods
completed (if the Exchanged Contract is an Installment Purchase Payment
Contract) or 9 Account Years (if the Exchanged Contract is a Single Purchase
Payment Contract), as set forth in the table below. In some cases, the deferred
sales charge will be based on Account Years for both Installment Purchase
Payment Contracts and for Single Purchase Payment Contracts. Please refer to
the Contract endorsement relating to the exchange to obtain more specific
information. Consult the Exchanged Contract to determine whether it is an
Installment Payment Contract or Single Purchase Payment Contract. For purposes
of determining if a deferred sales charge applies under an Acquired Contract,
amounts received under an Exchanged Contract will be credited for the period of
time during which the amount was held under an Exchanged Contract.
Prospectus - page 32
The following section is added to "Appendix VI Contracts Acquired by Exchange":
Reduction or Elimination of the Deferred Sales Charge
For a particular Plan, we may reduce, waive or eliminate the deferred sales
charge for existing Participants of a Contract acquired by exchange. Any
reduction, waiver or elimination of such charges will reflect differences or
expected differences in the amounts of unrecovered distribution costs or
services of the types that the charges are intended to defray. When considering
whether to reduce or eliminate such charges or to grant such a waiver, we will
take into account factors which may include the following:
[bullet] the level of the Company's sales-related expenses;
[bullet] the specific distribution provisions of the Plan;
[bullet] the level of employer involvement in determining eligibility for
distributions under the Contract; and
[bullet] the Company's assessment of financial risk to the Company relating to
withdrawals.
We will determine any reduction, waiver or elimination of deferred sales charges
on a basis that is not unfairly discriminatory. We will make any reduction in
deferred sales charge according to the Company's rules in effect at the time an
application for an Acquired Contract is approved. We reserve the right to change
these rules from time to time.
X01107-97
<PAGE>
VARIABLE ANNUITY ACCOUNT C
PART C - OTHER INFORMATION
Item 24. Financial Statements and Exhibits
(a) Financial Statements:
(1) Included in Part A:
Condensed Financial Information
(2) Included in Part B:
Financial Statements of Variable Annuity Account C:
- Statement of Assets and Liabilities as of December 31, 1996
- Statements of Operations and Changes in Net Assets for the
years ended December 31, 1996 and 1995
- Notes to Financial Statements
- Independent Auditors' Report
Financial Statements of the Depositor:
- Independent Auditors' Report
- Consolidated Statements of Income for the years ended
December 31, 1996, 1995 and 1994
- Consolidated Balance Sheets as of December 31, 1996 and 1995
- Consolidated Statements of Changes in Shareholder's Equity
for the years ended December 31, 1996, 1995 and 1994
- Consolidated Statements of Cash Flows for the years ended
December 31, 1996, 1995 and 1994
- Notes to Consolidated Financial Statements
(b) Exhibits
(1) Resolution of the Board of Directors of Aetna Life Insurance and
Annuity Company establishing Variable Annuity Account C(1)
(2) Not applicable
(3.1) Broker-Dealer Agreement(2)
(3.2) Alternative Form of Wholesaling Agreement and Related Selling
Agreement(2)
(4.1) Group Combination Annuity Contract (Nonparticipating)
(A001RP95)(3)
(4.2) Group Combination Annuity Certificate (Nonparticipating)
(A007RC95)(3)
(4.3) Group Combination Annuity Contract (Nonparticipating)
(A020RV95)(3)
(4.4) Group Combination Annuity Certificate (Nonparticipating)
(A027RV95)(3)
(4.5) Endorsement for Exchanged Contracts (EINRP95)(3)
(4.6) Endorsement for Exchanged Contracts (EINRV95)(3)
(4.7) Endorsement for 401(a) Plans(3)
(4.8) Endorsement (GET 9/96) for Contracts A001RP95 and A020RV95(4)
(4.9) Endorsement (E1OMNI97) to Contract A001RP95(5)
(4.10) Endorsement (E2OMNI97) to Contract A001RP95(5)
<PAGE>
(4.11) Endorsement (3OMNI97) to Contract A001RP95(5)
(4.12) Endorsement (E1FXPL97) to Contract A001RP95(5)
(4.13) Endorsement (E2FXPL97) to Contracts A001RP95 and A020RV95(5)
(4.14) Endorsement (E3FXPL97) to Contracts A001RP95 and A020RV95(5)
(4.15) Endorsement (EINRP97) to Contract A001RP95(5)
(4.16) Endorsement (E4OMNI97) to Contract A001RP95(5)
(4.17) Endorsement (EINRV97) to Contract A020RV95(5)
(4.18) Endorsement (E1PAY97) to Contracts A001RP95 and A020RV95(5)
(4.19) Endorsement (E2PAY97) to Contracts A001RP95 and A020RV95(5)
(4.20) Endorsement (E1FXPY97) to Contracts A001RP95 and A020RV95
(4.21) Form of Endorsement (EINRV98) to Contract A020RV95
(4.22) Form of Endorsement (EINRP98) to Contract A001RP95
(4.23) Form of Endorsement (ETRAN98) to Contracts A001RP95 and A020RV95
(4.24) Form of Contract Schedule I to Contract A001RP95
(4.25) Form of Contract Schedule I to Contract A020RV95
(5) Variable Annuity Contract Application (300-MOP-IB)(6)
(6.1) Certification of Incorporation of Aetna Life Insurance and Annuity
Company(7)
(6.2) Amendment of Certificate of Incorporation of Aetna Life Insurance and
Annuity Company(8)
(6.3) By-Laws, as amended September 17, 1997, of Aetna Life Insurance and
Annuity Company(9)
(7) Not applicable
(8.1) Fund Participation Agreement between Aetna Life Insurance and Annuity
Company and Calvert Asset Management Company (Calvert Responsibly Invested
Balanced Portfolio, formerly Calvert Socially Responsible Series) dated
March 13, 1989 and amended December 27, 1993(2)
(8.2) Second Amendment dated January 1, 1996 to Fund Participation Agreement
between Aetna Life Insurance and Annuity Company and Calvert Asset
Management Company (Calvert Responsibly Invested Balanced Portfolio,
formerly Calvert Socially Responsible Series) dated March 13, 1989 and
amended December 27, 1993(10)
(8.3) Third Amendment dated February 11, 1997 to Fund Participation Agreement
between Aetna Life Insurance and Annuity Company and Calvert Asset
Management Company (Calvert Responsibly Invested Balanced Portfolio,
formerly Calvert Socially Responsible Series) dated March 13, 1989 and
amended December 27, 1993 and January 1, 1996(5)
(8.4) Fourth Amendment dated February 28, 1997 to Fund Participation Agreement
between Aetna Life Insurance and Annuity Company and Calvert Asset
Management Company (Calvert Responsibly Invested Balanced Portfolio,
formerly Calvert Socially Responsible Series) dated March 13, 1989 and
amended December 27, 1993, January 1, 1996 and February 11, 1997(11)
(8.5) Fund Participation Agreement between Aetna Life Insurance and Annuity
Company, Variable Insurance Products Fund and Fidelity Distributors
Corporation dated February 1, 1994 and amended on December 15, 1994,
February 1, 1995, May 1, 1995, January 1, 1996 and March 1, 1996(8)
<PAGE>
(8.6) Fifth Amendment, dated as of May 1, 1997, to the Fund Participation
Agreement between Aetna Life Insurance and Annuity Company, Variable
Insurance Products Fund and Fidelity Distributors Corporation dated
February 1, 1994 and amended on December 15, 1994, February 1, 1996, May
1, 1995, January 1, 1996 and March 1, 1996(12)
(8.7) Fund Participation Agreement between Aetna Life Insurance and Annuity
Company, Variable Insurance Products Fund II and Fidelity Distributors
Corporation dated February 1, 1994 and amended on December 15, 1994,
February 1, 1995, May 1, 1995, January 1, 1996 and March 1,1996(8)
(8.8) Fifth Amendment, dated as of May 1, 1997, to the Fund Participation
Agreement between Aetna Life Insurance and Annuity Company, Variable
Insurance Products Fund II and Fidelity Distributors Corporation dated
February 1, 1994 and amended on December 15, 1994, February 1, 1996, May
1, 1995, January 1, 1996 and March 1, 1996(12)
(8.9) Service Agreement between Aetna Life Insurance and Annuity Company and
Fidelity Investments Institutional Operations Company dated as of November
1, 1995(10)
(8.10) Amendment dated January 1, 1997 to Service Agreement between Aetna Life
Insurance and Annuity Company and Fidelity Investments Institutional
Operations Company dated as of November 1, 1995(12)
(8.11) Fund Participation Agreement between Aetna Life Insurance and Annuity
Company and Janus Aspen Series dated April 19, 1994 and amended June 15,
1994, July 30, 1995 and March 1, 1996(12)
(8.12) Fund Participation Agreement between Aetna Life Insurance and Annuity
Company and Lexington Management Corporation regarding Natural Resources
Trust dated December 1, 1988 and amended February 11, 1991(2)
(9) Opinion and Consent of Counsel
(10) Consent of Independent Auditors
(11) Not applicable
(12) Not applicable
(13) Schedule for Computation of Performance Data(13)
(14) Not applicable
(15.1) Powers of Attorney(12)
(15.2) Authorization for Signatures(2)
(27) Financial Data Schedule
1. Incorporated by reference to Post-Effective Amendment No. 6 to Registration
Statement on Form N-4 (File No. 33-75986), as filed electronically on April
22, 1996 (Accession No. 0000950146-96-000563).
2. Incorporated by reference to Post-Effective Amendment No. 5 to Registration
Statement on Form N-4 (File No. 33-75986), as filed electronically on April
12, 1996 (Accession No. 0000912057-96-006383).
<PAGE>
3. Incorporated by reference to Registration Statement on Form N-4 (File No.
333-01107), as filed electronically on February 21, 1996 (Accession No.
0000950146-97-000241).
4. Incorporated by reference to Post-Effective Amendment No. 6 to Registration
Statement on Form N-4 (File No. 33-91846), as filed electronically on August
6, 1996 (Accession No. 0000912057-96-016381).
5. Incorporated by reference to Post-Effective Amendment No. 4 to Registration
Statement on Form N-4 (File No. 333-01107), as filed electronically on
February 26, 1997 (Accession No. 0000950146-97-000241).
6. Incorporated by reference to Post-Effective Amendment No. 11 to Registration
Statement on Form N-4 (File No. 33-91846), as filed electronically on August
19, 1997 (Accession No. 0000950146-97-001307).
7. Incorporated by reference to Post-Effective Amendment No. 1 to Registration
Statement on Form S-1 (File No. 33-60477), as filed electronically on April
15, 1996 (Accession No. 0000950146-96-000534).
8. Incorporated by reference to Post-Effective Amendment No. 12 to Registration
Statement on Form N-4 (File No. 33-75964), as filed electronically on
February 11, 1997 (Accession No. 0000950146-97-000159).
9. Incorporated by reference to Post-Effective Amendment No. 12 to Registration
Statement on Form N-4 (File No. 33-91846), as filed electronically on
October 30, 1997 (Accession No. 0000950146-97-001589).
10. Incorporated by reference to Post -Effective Amendment No. 3 to Registration
Statement on form N-4 (File No. 33-88720), as filed electronically on June
28, 1996 (Accession No. 0000928389-96-001101).
11. Incorporated by reference to Post-Effective Amendment No. 14 to Registration
Statement on Form N-4 (File No. 33-75964), as filed electronically on July
29, 1997 (Accession No. 0000950146-97-001101).
12. Incorporated by reference to Post-Effective Amendment No. 30 to Registration
Statement on Form N-4 (File No. 33-34370), as filed electronically on
September 29, 1997 (Accession No. 0000950146-97-001485).
13. Incorporated by reference to Pre-Effective Amendment No. 1 to Registration
Statement on Form N-4 (File No. 33-88720), as filed electronically on
November 30, 1995 (Accession No. 0000912057-95-010609).
<PAGE>
Item 25. Directors and Officers of the Depositor
Name and Principal
Business Address* Positions and Offices with Depositor
- ------------------ ------------------------------------
Thomas J. McInerney Director and President
Timothy A. Holt Director, Senior Vice President and Chief
Financial Officer
Christopher J. Burns Director and Senior Vice President
J. Scott Fox Director and Senior Vice President
John Y. Kim Director and Senior Vice President
Shaun P. Mathews Director and Senior Vice President
Glen Salow Director and Vice President
Deborah Koltenuk Vice President and Treasurer, Corporate
Controller
Frederick D. Kelsven Vice President and Chief Compliance Officer
Kirk P. Wickman Vice President, General Counsel and
Corporate Secretary
* The principal business address of all directors and officers listed is 151
Farmington Avenue, Hartford, Connecticut 06156.
Item 26. Persons Controlled by or Under Common Control with the Depositor
or Registrant
Incorporated herein by reference to Item 26 of Post-Effective Amendment
No. 12 to the Registration Statement on Form N-4 (File No. 33-91846), as filed
electronically on October 30, 1997 (Accession No. 0000950146-97-001589).
Item 27. Number of Contract Owners
As of September 30, 1997, there were 623,589 individuals holding interests
in variable annuity contracts funded through Variable Annuity Account C.
<PAGE>
Item 28. Indemnification
Reference is hereby made to Section 33-771(f) of the Connecticut General
Statutes ("C.G.S.") regarding indemnification of directors and Section 33-776(4)
regarding indemnification of officers, employees and agents of Connecticut
corporations. These statutes provide in general that Connecticut corporations
incorporated prior to January 1, 1997 shall indemnify their officers, directors,
employees and agents against "liability" (defined as the obligation to pay a
judgment, settlement, penalty, fine, excise tax in the case of an employee
benefit plan or reasonable expenses incurred with respect to a proceeding). In
the case of a proceeding by or in the right of the corporation, indemnification
is limited to reasonable expenses incurred in connection with the proceeding
against the corporation to which the individual was named a party. The
corporation's obligation to provide such indemnification does not apply unless
(1) the individual has met the standard of conduct set forth in Section 33-771;
and (2) a determination is made (by majority vote of a quorum of the board of
directors who were not parties to the proceeding, or if a quorum cannot be
obtained, by a committee of the board selected as described in Section
33-775(b)(2); by special legal counsel selected by the board of directors or
members thereof as described in Section 33-775(b)(3); by shareholders) that the
individual met the standard set forth in Section 33-771; or (3) the court, upon
application by the individual, determines in view of all the circumstances that
such person is reasonably entitled to be indemnified. Also, unless limited by
its Certificate of Incorporation, a corporation must indemnify an individual who
was wholly successful on the merits or otherwise against reasonable expenses
incurred by him in connection with a proceeding to which he was a party because
of his relationship as director, officer, employee or agent of the corporation.
The statute does specifically authorize a corporation to procure indemnification
insurance on behalf of an individual who is or was a director, officer, employer
or agent of the corporation. Consistent with the statute, Aetna Inc. has
procured insurance from Lloyd's of London and several major United States excess
insurers for its directors and officers and the directors and officers of its
subsidiaries, including the Depositor.
Item 29. Principal Underwriter
(a) In addition to serving as the principal underwriter and depositor for
the Registrant, Aetna Life Insurance and Annuity Company (Aetna) also
acts as the investment adviser, only, for Aetna Series Fund, Inc., and
the principal underwriter and investment adviser for Portfolio Partners,
Inc., Aetna Variable Encore Fund, Aetna Variable Fund, Aetna Generation
Portfolios, Inc., Aetna Income Shares, Aetna Investment Advisers Fund,
Inc., Aetna GET Fund, and Aetna Variable Portfolios, Inc. (all
management investment companies registered under the Investment Company
Act of 1940 (1940 Act)). Additionally, Aetna acts as the principal
underwriter and depositor for Variable Life Account B of Aetna, Variable
Annuity Account B of Aetna and Variable Annuity Account G of Aetna
(separate accounts of Aetna registered as unit investment trusts under
the 1940 Act). Aetna is also the principal underwriter for Variable
Annuity Account I of Aetna Insurance Company of America (AICA) (a
separate account of AICA registered as a unit investment trust under the
1940 Act).
<PAGE>
(b) See Item 25 regarding the Depositor.
(c) Compensation as of December 31, 1996:
<TABLE>
<CAPTION>
(1) (2) (3) (4) (5)
Name of Net Underwriting Compensation
Principal Discounts and on Redemption Brokerage
Underwriter Commissions or Annuitization Commissions Compensation*
- ----------- ---------------- ---------------- ----------- -------------
<S> <C> <C> <C>
Aetna Life $1,325,661 $96,924,599
Insurance and
Annuity Company
</TABLE>
* Compensation shown in column 5 includes deductions for mortality and expense
risk guarantees and contract charges assessed to cover costs incurred in the
sales and administration of the contracts issued under Variable Annuity
Account C.
Item 30. Location of Accounts and Records
All accounts, books and other documents required to be maintained by Section
31(a) of the 1940 Act and the rules under it relating to the securities
described in and issued under this Registration Statement are located at the
home office of the Depositor as follows:
Aetna Life Insurance and Annuity Company
151 Farmington Avenue
Hartford, Connecticut 06156
Item 31. Management Services
Not applicable
Item 32. Undertakings
Registrant hereby undertakes:
(a) to file a post-effective amendment to this registration statement on
Form N-4 as frequently as is necessary to ensure that the audited
financial statements in the registration statement are never more than
sixteen months old for as long as payments under the variable annuity
contracts may be accepted;
<PAGE>
(b) to include as part of any application to purchase a contract offered by
a prospectus which is part of this registration statement on Form N-4, a
space that an applicant can check to request a Statement of Additional
Information; and
(c) to deliver any Statement of Additional Information and any financial
statements required to be made available under this Form N-4 promptly
upon written or oral request.
(d) The Company hereby represents that it is relying upon and complies with
the provisions of Paragraphs (1) through (4) of the SEC Staff's
No-Action Letter dated November 22, 1988 with respect to language
concerning withdrawal restrictions applicable to plans established
pursuant to Section 403(b) of the Internal Revenue Code. See American
Counsel of Life Insurance; SEC No-Action Letter, [1989 Transfer Binder]
Fed. SEC. L.
Rep. (CCH) P. 78,904 at 78,523 (November 22, 1988).
(e) Insofar as indemnification for liability arising under the Securities
Act of 1933 may be permitted to directors, officers and controlling
persons of the Registrant pursuant to the foregoing provisions, or
otherwise, the Registrant has been advised that in the opinion of the
Securities and Exchange Commission such indemnification is against
public policy as expressed in the Act and is, therefore, unenforceable.
In the event that a claim for indemnification against such liabilities
(other than the payment by the Registrant of expenses incurred or paid
by a director, officer or controlling person of the Registrant in the
successful defense of any action, suit or proceeding) is asserted by
such director, officer or controlling person in connection with the
securities being registered, the Registrant will, unless in the opinion
of its counsel the matter has been settled by controlling precedent,
submit to a court of appropriate jurisdiction the question of 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.
(f) Aetna Life Insurance and Annuity Company represents that the fees and
charges deducted under the contracts covered by this registration
statement, in the aggregate, are reasonable in relation to the services
rendered, the expenses expected to be incurred, and the risks assumed by
the insurance company.
<PAGE>
SIGNATURES
As required by the Securities Act of 1933 and the Investment Company Act of
1940, the Registrant, Variable Annuity Account C of Aetna Life Insurance and
Annuity Company, has duly caused this Post-Effective Amendment to its
Registration Statement on Form N-4 (File No. 333-01107) to be signed on its
behalf by the undersigned, thereunto duly authorized, in the City of Hartford,
State of Connecticut, on the 30th day of October, 1997.
VARIABLE ANNUITY ACCOUNT C OF AETNA
LIFE INSURANCE AND ANNUITY COMPANY
(Registrant)
By: AETNA LIFE INSURANCE AND ANNUITY
COMPANY
(Depositor)
By: Thomas J. McInerney*
------------------------------------
Thomas J. McInerney
President
As required by the Securities Act of 1933, this Post-Effective Amendment No.
7 to the Registration Statement has been signed by the following persons in the
capacities and on the dates indicated.
Signature Title Date
- --------- ----- ----
Thomas J. McInerney* Director and President )
- ------------------------- (principal executive officer) )
Thomas J. McInerney )
)
Timothy A. Holt* Director, Senior Vice President and ) October
- ------------------------- Chief Financial Officer ) 30, 1997
Timothy A. Holt )
)
Christopher J. Burns* Director )
- ------------------------- )
Christopher J. Burns )
)
J. Scott Fox* Director )
- ------------------------- )
J. Scott Fox )
)
John Y. Kim* Director )
- ------------------------- )
John Y. Kim )
)
Shaun P. Mathews* Director )
- ------------------------- )
Shaun P. Mathews )
<PAGE>
Glen Salow* Director )
- ------------------------- )
Glen Salow )
)
Deborah Koltenuk* Vice President and Treasurer, )
- ------------------------- Corporate Controller )
Deborah Koltenuk )
By: /s/ Julie E. Rockmore
--------------------------
Julie E. Rockmore
*Attorney-in-Fact
<PAGE>
VARIABLE ANNUITY ACCOUNT C
EXHIBIT INDEX
<TABLE>
<CAPTION>
Exhibit No. Exhibit Page
- ----------- ------- ----
<S> <C> <C>
99-B.1 Resolution of the Board of Directors of Aetna Life Insurance and *
Annuity Company establishing Variable Annuity Account C
99-B.3.1 Broker-Dealer Agreement *
99-B.3.2 Alternative Form of Wholesaling Agreement and Related Selling *
Agreement
99-B.4.1 Group Combination Annuity Contract (Nonparticipating) *
(A001RP95)
99-B.4.2 Group Combination Annuity Certificate (Nonparticipating) *
(A007RC95)
99-B.4.3 Group Combination Annuity Contract (Nonparticipating) *
(A020RV95)
99-B.4.4 Group Combination Annuity Certificate (Nonparticipating) *
(A027RV95)
99-B.4.5 Endorsement for Exchanged Contracts (EINRP95) *
99-B.4.6 Endorsement for Exchanged Contracts (EINRV95) *
99-B.4.7 Endorsement for 401(a) Plans *
99-B.4.8 Endorsement (GET 9/96) for Contracts A001RP95 and *
A020RV95
99-B.4.9 Endorsement (E1OMNI97) to Contract A001RP95 *
99-B.4.10 Endorsement (E2OMNI97) to Contract A001RP95 *
99-B.4.11 Endorsement (3OMNI97) to Contract A001RP95 *
99-B.4.12 Endorsement (E1FXPL97) to Contract A001RP95 *
99-B.4.13 Endorsement (E2FXPL97) to Contracts A001RP95 and A020RV95 *
*Incorporated by reference
<PAGE>
Exhibit No. Exhibit Page
- ----------- ------- ----
99-B.4.14 Endorsement (E3FXPL97) to Contracts A001RP95 and A020RV95 *
99-B.4.15 Endorsement (EINRP97) to Contract A001RP95 *
99-B.4.16 Endorsement (E4OMNI97) to Contract A001RP95 *
99-B.4.17 Endorsement (EINRV97) to Contract A020RV95 *
99-B.4.18 Endorsement (E1PAY97) to Contracts A001RP95 and *
A020RV95
99-B.4.19 Endorsement (E2PAY97) to Contracts A001RP95 and A020RV95 *
99-B.4.20 Endorsement (E1FXPY97) to Contracts A001RP95 and A020RV95
-------
99-B.4.21 Form of Endorsement (EINRV98) to Contract A020RV95 -------
99-B.4.22 Form of Endorsement (EINRP98) to Contract A001RP95 -------
99-B.4.23 Form of Endorsement (ETRAN98) to Contracts A001RP95 and A020RV95 -------
99-B.4.24 Form of Contract Schedule I to Contract A001RP95 -------
99-B.4.25 Form of Contract Schedule I to Contract A020RV95 -------
99-B.5 Variable Annuity Contract Application (300-MOP-IB) *
99-B.6.1 Certification of Incorporation of Aetna Life Insurance and Annuity *
Company
99-B.6.2 Amendment of Certificate of Incorporation of Aetna Life Insurance *
and Annuity Company
99-B.6.3 By-Laws, as amended September 17, 1997, of Aetna Life Insurance *
and Annuity Company
99-B.8.1 Fund Participation Agreement between Aetna Life Insurance and *
Annuity Company and Calvert Asset Management Company
(Calvert Responsibly Invested Balanced Portfolio, formerly Calvert
Socially Responsible Series) dated March 13, 1989 and amended
December 12, 1993
99-B.8.2 Second Amendment dated January 1, 1996 to Fund Participation *
Agreement between Aetna Life Insurance and Annuity Company and
Calvert Asset Management Company (Calvert Responsibly Invested
Balanced Portfolio, formerly Calvert Socially Responsible Series)
dated March 13, 1989 and amended December 27, 1993
*Incorporated by reference
<PAGE>
Exhibit No. Exhibit Page
- ----------- ------- ----
99-B.8.3 Third Amendment dated February 11, 1997 to Fund Participation *
Agreement between Aetna Life Insurance and Annuity Company and
Calvert Asset Management Company (Calvert Responsibly Invested
Balanced Portfolio, formerly Calvert Socially Responsible Series)
dated March 13, 1989 and amended December 27, 1993 and
January 1, 1997
99-B.8.4 Fourth Amendment dated February 28, 1997 to Fund Participation *
Agreement between Aetna Life Insurance and Annuity Company and
Calvert Asset Management Company (Calvert Responsibly Invested
Balanced Portfolio, formerly Calvert Socially Responsible Series)
dated March 13, 1989 and amended December 27, 1993, January 1,
1996 and February 11, 1997
99-B.8.5 Fund Participation Agreement between Aetna Life Insurance and *
Annuity Company, Variable Insurance Products Fund and Fidelity
Distributors Corporation dated February 1, 1994 and amended on
December 15, 1994, February 1, 1995, May 1, 1995, January 1, 1996
and March 1, 1996
99-B.8.6 Fifth Amendment, dated as of May 1, 1997, to the Fund Participation *
Agreement between Aetna Life Insurance and Annuity Company,
Variable Insurance Products Fund and Fidelity Distributors
Corporation dated February 1, 1994 and amended on December 15,
1994, February 1, 1996, May 1, 1995, January 1, 1996 and March 1,
1996
99-B.8.7 Fund Participation Agreement between Aetna Life Insurance and *
Annuity Company, Variable Insurance Products Fund II and Fidelity
Distributors Corporation dated February 1, 1994 and amended on
December 15, 1994, February 1, 1995, May 1, 1995, January 1, 1996
and March 1,1996
99-B.8.8 Fifth Amendment, dated as of May 1, 1997, to the Fund Participation *
Agreement between Aetna Life Insurance and Annuity Company,
Variable Insurance Products Fund II and Fidelity Distributors
Corporation dated February 1, 1994 and amended on December 15,
1994, February 1, 1996, May 1, 1995, January 1, 1996 and March 1,
1996
*Incorporated by reference
<PAGE>
Exhibit No. Exhibit Page
- ----------- ------- ----
99-B.8.9 Service Agreement between Aetna Life Insurance and Annuity *
Company and Fidelity Investments Institutional Operations
Company dated as of November 1, 1995
99-B.8.10 Amendment dated January 1, 1997 to Service Agreement between *
Aetna Life Insurance and Annuity Company and Fidelity
Investments Institutional Operations Company dated as of November
1, 1995
99-B.8.11 Fund Participation Agreement between Aetna Life Insurance *
and Annuity Company and Janus Aspen Series dated April 19,
1994 and amended June 15, 1994, July 30, 1995 and March 1,
1996
99-B.8.12 Fund Participation Agreement between Aetna Life Insurance and *
Annuity Company and Lexington Management Corporation
regarding Natural Resources Trust dated December 1, 1988 and
amended February 11, 1991
99-B.9 Opinion and Consent of Counsel
-------
99-B.10 Consent of Independent Auditors
-------
99-B.13 Schedule for Computation of Performance Data *
99-B.15.1 Powers of Attorney *
99-B.15.2 Authorization for Signatures *
27 Financial Data Schedule
-------
</TABLE>
*Incorporated by reference
Aetna Life Insurance and Annuity Company
ENDORSEMENT
The Contract and Certificate are hereby endorsed as follows:
In the section entitled Fixed Plus Account in Contract Schedule I:
Replace the Minimum Guaranteed Interest Rate provision with the following:
Minimum Guaranteed Interest Rate:
3% (effective annual rate of return).
Replace the Full Withdrawal provision with the following:
Full Withdrawal:
The Payment of Fixed Plus Account Full Withdrawal provision will be
waived when the withdrawal is:
a) Due to the Participant's death before Annuity payments begin and
request for payment is received within six (6) months after the
Participant's date of death;
b) Used to purchase Annuity benefits;
c) When the amount in the Fixed Plus Account is $3,500 or less and
no amount has been surrendered, transferred, taken as a loan or
used to purchase Annuity benefits during the prior 12 months;
d) Due to hardship from an unforeseeable emergency, as defined by
the Code, if the following conditions are met:
1) the hardship is certified by the employer;
2) the amount is paid directly to the Participant ; and
3) the amount paid for all withdrawals due to hardship during
the previous 12 month period does not exceed 10% of the
average value of all Accounts under the Contract during that
same period; or
e) Due to separation from service with the employer, provided that:
1) the employer certifies that the Participant has separated
from service;
2) the amount is withdrawn within one year from separation from
service or, if withdrawn after one year from separation from
service, the amount withdrawn is paid directly to the
Participant; and
3) the amount paid for all partial and full withdrawals due to
separation from service during the previous 12 month period
does not exceed 20% of the average value of all Accounts under
the Contract during that same period.
Replace the section entitled Annuity Option 2 under Contract Schedule II with
the following:
Annuity Option 1:
For amounts invested in the Fixed Account, GA Account or one or
more of the Fund(s), the number of years must be at least five (5)
and not more than thirty (30) and the Annuity may be a Fixed or
Variable Annuity.
For amounts invested in the Fixed Plus Account, the number of
years must be at least five (5) and not more than thirty (30) and the
Annuity must be a Fixed Annuity.
E1 FXPY97
<PAGE>
In the Annuity Provisions section of the Contract:
Add the following to the Choices provision:
c) At the request of the Owner, all or any portion of the amount
allocated to a Fund may be transferred from any Fund to any
other allowable Fund. During the Annuity period, the maximum
number of allowable transfers in a calendar year is four. Aetna
reserves the right to change the number of allowable transfers.
Transfer requests must be expressed as a percentage of the
allocation among the Funds of the amount upon which the Variable
Annuity will be based. Aetna may establish a minimum transfer
amount. Transfers will be processed as of the Valuation Date
next following the date when a transfer request is received in
good order at Aetna's Home Office.
Revise paragraph e) under the Choices provision as follows:
e) Once elected, an Annuity option may not be revoked, except for
option 1 when elected on a variable basis.
Replace paragraph a) under Terms of Annuity Options with the
following:
a) No choice of any Annuity option may be made if the first payment
would be less than $50 or if the total payments in a year would
be less than $250.
Replace the last sentence in paragraph b) under Terms of Annuity
Options with the following:
The Annuity rates for options 2 and 3 are based on mortality
from 1983 Table a.
Replace the first sentence in the Death Provision with the following:
When an Annuitant dies under options 2 and 3, the present value
of any remaining guaranteed payments will be paid in one sum or
payments will continue at the direction of the Contract Holder,
in accordance with the Plan.
Delete the last paragraph in the Death Provision.
Replace the Annuity Options provision with the following:
Annuity Options:
The Contract Holder may direct Aetna to make payments according
to one of the following options.
Option 1 -- Payments for a Stated Period of Time -- An Annuity
will be paid for 5 to 30 years.
If payments for this option are made under a Variable Annuity,
the present value of any remaining payments may be withdrawn at
any time. If a withdrawal is requested prior to the minumum
number of years specified on Contract Schedule II, it will be
subject to any withdrawal fee, if applicable (see Contract
Schedule I).
Option 2 -- Life Income Based on the Life of the Annuitant
Payments will be made until the death of the Annuitant. When
this option is chosen, a choice from the following must be made:
a) payments cease at the death of the Annuitant;
b) payments may be guaranteed for 5 - 30 years; or
<PAGE>
c) cash refund: if the Annuitant dies, the beneficiary will
receive a lump sum payment equal to the amount applied to the
Annuity option (less any premium tax) less the total amount of
Fixed Annuity payments paid prior to such death. This cash
refund feature is only available if the total amount applied to
the Annuity option is allocated to a Fixed Annuity.
Option 3 - Life Income Based Upon the Lives of Two Annuitants An
Annuity will be paid during the lives of the Annuitant and a
joint Annuitant. Payments will continue until both Annuitants
have died. When this option is chosen, a choice of the following
must be made:
a) 100% of the payment to continue after the first death;
b) 66-2/3% of the payment to continue after the first death;
c) 50% of the payment to continue after the first death;
d) 100% of the payment to continue after the first death with a
guarantee of 5 - 30 years;
e) 100% of the payment to continue at the death of the second
Annuitant and 50% of the payment to continue at the death of the
Annuitant; or
f) 100% of the payment to continue after the first death with a
cash refund feature. If the Annuitant and joint Annuitant die,
the beneficiary will receive a lump sum payment equal to the
amount applied to the Annuity option (less any premium tax) less
the total amount of Fixed Annuity payments paid prior to such
death. This cash refund feature is only available if the total
amount applied to the Annuity option is allocated to a Fixed
Annuity.
If a Fixed Annuity is chosen under option 1, option 2 a) or b) or
option 3 a) or d), the Participant may elect an annual increase
of one, two or three percent compounded annually.
Other Options -- Aetna may make other options available as allowed
by the laws of the state in which this Contract is delivered.
Replace the tables at the end of the Annuity Provisions section of
the Contract and Certificate with the following tables:
<PAGE>
OPTION 1
Payments for a Stated Period of Time
Amount of Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Fixed Annuity with Guaranteed Interest Rate of 3.0%
- --------------------------------------------------------------------------------
Monthly Monthly
Years Payment Years Payment
- --------------------------------------------------------------------------------
5 17.91 18 5.96
6 15.14 19 5.73
7 13.16 20 5.51
8 11.68 21 5.32
9 10.53 22 5.15
10 9.61 23 4.99
11 8.86 24 4.84
12 8.24 25 4.71
13 7.71 26 4.59
14 7.26 27 4.47
15 6.87 28 4.37
16 6.53 29 4.27
17 6.23 30 4.18
- --------------------------------------------------------------------------------
<PAGE>
OPTION 1
Payments for a Stated Period of Time
Amount of First Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Variable Annuity with Assumed Net Return Rate of 3.5%
- --------------------------------------------------------------------------------
Monthly Monthly
Years Payment Years Payment
- --------------------------------------------------------------------------------
5 18.12 18 6.20
6 15.35 19 5.97
7 13.38 20 5.75
8 11.90 21 5.56
9 10.75 22 5.39
10 9.83 23 5.24
11 9.09 24 5.09
12 8.46 25 4.96
13 7.94 26 4.84
14 7.49 27 4.73
15 7.10 28 4.63
16 6.76 29 4.53
17 6.47 30 4.45
- --------------------------------------------------------------------------------
Rates for a Variable Annuity with Assumed Net Return Rate of 5.0%
- --------------------------------------------------------------------------------
Monthly Monthly
Years Payment Years Payment
- --------------------------------------------------------------------------------
5 18.74 18 6.94
6 15.99 19 6.71
7 14.02 20 6.51
8 12.56 21 6.33
9 11.42 22 6.17
10 10.51 23 6.02
11 9.77 24 5.88
12 9.16 25 5.76
13 8.64 26 5.65
14 8.20 27 5.54
15 7.82 28 5.45
16 7.49 29 5.36
17 7.20 30 5.28
- --------------------------------------------------------------------------------
<PAGE>
OPTION 2
Life Income
Amount of Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Fixed Annuity with Guaranteed Interest Rate of 3.0%
Payments Guaranteed for a Stated Period of Years
- --------------------------------------------------------------------------------
Adjusted
Age of None 5 10 15 20 Cash
Annuitant Refund
- --------------------------------------------------------------------------------
50 $ 4.05 $ 4.05 $ 4.03 $ 3.99 $ 3.93 $ 3.89
51 4.12 4.11 4.09 4.05 3.99 3.94
52 4.19 4.19 4.16 4.11 4.04 4.00
53 4.27 4.26 4.23 4.18 4.10 4.06
54 4.35 4.34 4.31 4.25 4.16 4.12
55 4.44 4.42 4.39 4.32 4.22 4.19
56 4.53 4.51 4.47 4.40 4.29 4.26
57 4.62 4.61 4.56 4.48 4.35 4.33
58 4.72 4.71 4.65 4.56 4.42 4.41
59 4.83 4.81 4.75 4.64 4.49 4.49
60 4.95 4.93 4.86 4.73 4.55 4.57
61 5.07 5.05 4.97 4.83 4.62 4.66
62 5.20 5.17 5.08 4.92 4.69 4.76
63 5.34 5.31 5.20 5.02 4.76 4.85
64 5.49 5.45 5.33 5.12 4.83 4.96
65 5.65 5.61 5.47 5.22 4.89 5.06
66 5.82 5.77 5.61 5.33 4.96 5.18
67 6.01 5.94 5.75 5.44 5.02 5.30
68 6.20 6.13 5.91 5.54 5.08 5.42
69 6.41 6.33 6.07 5.65 5.14 5.56
70 6.64 6.54 6.23 5.76 5.19 5.70
71 6.88 6.76 6.41 5.86 5.24 5.84
72 7.14 7.00 6.59 5.97 5.28 6.00
73 7.43 7.26 6.77 6.06 5.32 6.16
74 7.73 7.53 6.96 6.16 5.35 6.33
75 8.06 7.82 7.14 6.25 5.38 6.51
- --------------------------------------------------------------------------------
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
<PAGE>
OPTION 2
Life Income
Amount of First Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Variable Annuity with Assumed Net Return Rate of 3.5%
Payments Guaranteed for a Stated Period of Years
- -------------------------------------------------------------------------------
Adjusted
Age of None 5 10 15 20
Annuitant
- -------------------------------------------------------------------------------
50 $ 4.34 $ 4.34 $ 4.31 $ 4.27 $ 4.22
51 4.41 4.40 4.38 4.33 4.27
52 4.48 4.47 4.45 4.40 4.32
53 4.56 4.55 4.52 4.46 4.38
54 4.64 4.63 4.59 4.53 4.44
55 4.72 4.71 4.67 4.60 4.50
56 4.81 4.80 4.75 4.67 4.56
57 4.91 4.89 4.84 4.75 4.62
58 5.01 4.99 4.93 4.83 4.69
59 5.12 5.10 5.03 4.92 4.75
60 5.23 5.21 5.13 5.00 4.82
61 5.36 5.33 5.24 5.09 4.88
62 5.49 5.45 5.35 5.19 4.95
63 5.63 5.59 5.47 5.28 5.02
64 5.78 5.73 5.60 5.38 5.08
65 5.94 5.89 5.73 5.48 5.15
66 6.11 6.05 5.87 5.58 5.21
67 6.29 6.22 6.02 5.69 5.27
68 6.49 6.41 6.17 5.79 5.33
69 6.70 6.60 6.33 5.90 5.38
70 6.92 6.81 6.49 6.00 5.43
71 7.17 7.04 6.66 6.10 5.48
72 7.43 7.27 6.84 6.20 5.52
73 7.71 7.53 7.02 6.30 5.55
74 8.02 7.80 7.20 6.39 5.59
75 8.35 8.08 7.38 6.48 5.62
- -------------------------------------------------------------------------------
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
<PAGE>
OPTION 2
Life Income
Amount of First Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Variable Annuity with Assumed Net Return Rate of 5.0%
Payments Guaranteed for a Stated Period of Years
- --------------------------------------------------------------------------------
Adjusted
Age of None 5 10 15 20
Annuitant
- --------------------------------------------------------------------------------
50 $ 5.26 $ 5.25 $ 5.22 $ 5.17 $ 5.11
51 5.33 5.32 5.28 5.23 5.15
52 5.40 5.38 5.34 5.29 5.20
53 5.47 5.45 5.41 5.35 5.26
54 5.54 5.53 5.48 5.41 5.31
55 5.63 5.61 5.56 5.47 5.36
56 5.71 5.69 5.63 5.54 5.42
57 5.80 5.78 5.72 5.61 5.47
58 5.90 5.88 5.81 5.69 5.53
59 6.01 5.98 5.90 5.77 5.59
60 6.12 6.09 6.00 5.85 5.65
61 6.24 6.21 6.10 5.93 5.71
62 6.37 6.33 6.21 6.02 5.77
63 6.51 6.46 6.33 6.11 5.83
64 6.66 6.60 6.45 6.20 5.89
65 6.82 6.75 6.57 6.30 5.95
66 6.99 6.91 6.71 6.39 6.01
67 7.17 7.08 6.85 6.49 6.06
68 7.36 7.27 6.99 6.59 6.12
69 7.57 7.46 7.15 6.69 6.17
70 7.80 7.67 7.30 6.78 6.21
71 8.05 7.89 7.47 6.88 6.25
72 8.31 8.13 7.64 6.97 6.29
73 8.59 8.38 7.81 7.06 6.33
74 8.90 8.64 7.99 7.15 6.36
75 9.23 8.93 8.16 7.23 6.38
- --------------------------------------------------------------------------------
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
<PAGE>
OPTION 3
Life Income for Two Annuitants
Amount of Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Fixed Annuity with Guaranteed Interest Rate of 3.0%
<TABLE>
<CAPTION>
- ------------------------------------------------------------------------------------------------
Adjusted Ages
- ---------------------- Option 3d
Annuitant Second Option 3a Option 3b Option 3c 10 Years Option 3e Option 3f
Annuitant Guaranteed
- ------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C>
55 50 $ 3.69 $ 4.05 $ 4.27 $ 3.69 $ 4.03 $ 3.69
55 55 3.88 4.25 4.47 3.87 4.14 3.87
55 60 3.99 4.44 4.71 3.98 4.20 3.98
60 55 3.99 4.44 4.71 3.98 4.42 3.98
60 60 4.24 4.71 4.99 4.23 4.57 4.23
60 65 4.38 4.97 5.32 4.38 4.65 4.38
65 60 4.38 4.97 5.32 4.38 4.93 4.38
65 65 4.72 5.33 5.70 4.71 5.14 4.72
65 70 4.93 5.68 6.15 4.91 5.27 4.91
70 65 4.93 5.68 6.15 4.91 5.66 4.91
70 70 5.40 6.21 6.70 5.36 5.96 5.38
70 75 5.69 6.68 7.32 5.62 6.13 5.66
75 70 5.69 6.68 7.32 5.62 6.67 5.66
75 75 6.37 7.45 8.15 6.23 7.12 6.33
75 80 6.78 8.11 8.99 6.54 7.36 6.71
- ------------------------------------------------------------------------------------------------
</TABLE>
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
<PAGE>
OPTION 3
Life Income for Two Annuitants
Amount of First Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Variable Annuity with Assumed Net Return Rate of 3.5%
<TABLE>
<CAPTION>
- ------------------------------------------------------------------------------------------
Adjusted Ages
- ---------------------- Option 3d
Annuitant Second Option 3a Option 3b Option 3c 10 Years Option 3e
Annuitant Guaranteed
- ------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C>
55 50 $ 3.97 $ 4.35 $ 4.56 $ 3.97 $ 4.31
55 55 4.16 4.54 4.76 4.15 4.42
55 60 4.27 4.73 5.00 4.26 4.48
60 55 4.27 4.73 5.00 4.26 4.70
60 60 4.51 4.99 5.27 4.50 4.84
60 65 4.66 5.25 5.61 4.65 4.93
65 60 4.66 5.25 5.61 4.65 5.22
65 65 4.99 5.61 5.99 4.98 5.42
65 70 5.19 5.97 6.44 5.17 5.54
70 65 5.19 5.97 6.44 5.17 5.93
70 70 5.67 6.49 6.99 5.62 6.23
70 75 5.95 6.96 7.61 5.87 6.40
75 70 5.95 6.96 7.61 5.87 6.95
75 75 6.64 7.73 8.43 6.48 7.40
75 80 7.04 8.39 9.29 6.79 7.64
- ------------------------------------------------------------------------------------------
</TABLE>
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
<PAGE>
OPTION 3
Life Income for Two Annuitants
Amount of First Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Variable Annuity with Assumed Net Return Rate of 5.0%
<TABLE>
<CAPTION>
- -------------------------------------------------------------------------------------
Adjusted Ages
- --------------------- Option 3d
Annuitant Second Option 3a Option 3b Option 3c 10 Years Option 3e
Annuitant Guaranteed
- -------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C>
55 50 $ 4.88 $ 5.26 $ 5.48 $ 4.88 $ 5.23
55 55 5.04 5.44 5.66 5.04 5.32
55 60 5.15 5.63 5.91 5.14 5.38
60 55 5.15 5.63 5.91 5.14 5.59
60 60 5.37 5.87 6.16 5.37 5.72
60 65 5.52 6.14 6.51 5.51 5.80
65 60 5.52 6.14 6.51 5.51 6.10
65 65 5.83 6.49 6.87 5.82 6.29
65 70 6.04 6.84 7.34 6.00 6.41
70 65 6.04 6.84 7.34 6.00 6.81
70 70 6.49 7.35 7.87 6.44 7.08
70 75 6.77 7.84 8.51 6.68 7.25
75 70 6.77 7.84 8.51 6.68 7.81
75 75 7.45 8.60 9.33 7.27 8.25
75 80 7.86 9.28 10.20 7.57 8.49
- -------------------------------------------------------------------------------------
</TABLE>
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
<PAGE>
Endorsed and made a part of the Contract and Certificate effective on the date,
after any required state approval, as of which it is issued by Aetna.
/s/ Dan Kearney
President
EX-99-B.4.21
Aetna Life Insurance and Annuity Company
FORM OF ENDORSEMENT
The Contract and Certificate are hereby endorsed as follows:
I. The following provisions apply only to Individual Accounts established with
Net Contributions from exchanged Aetna contracts.
1. The Guaranteed Interest Rate section of the Specifications is replaced
with the following:
There is a guaranteed interest rate for Contributions(s) held in the Fixed
Plus Account, the Fixed Account and the GA Account (see Contract Schedule
I).
2. Where the Transfer Credit endorsement is made a part of the Contract, the
Transfer Credit will be applied to Transferred Assets deposited into an
exchanged contract which are transferred into an acquired contract, as
well as to Transferred Assets deposited into an acquired contract up until
the one year anniversary of the first Net Contribution to the exchanged
contract.
3. Add the following section to Contract Schedule I:
Fixed Account
Minimum Guaranteed Interest Rate:
3% (effective annual rate of return).
4. Replace the section entitled Separate Account and GA Account under
Contract Schedule I with the following:
Separate Account, Fixed Account and GA Account
- --------------------------------------------------------------------------------
Withdrawal Fee:
For each withdrawal from an Individual Account, the Withdrawal Fee will vary
according to the number of purchase payment cycles completed for the
Individual Account being surrendered. The number and amount of purchase
payments to be made in a cycle is chosen by the Participant. A purchase
payment cycle is completed when this chosen number and amount of purchase
payments have been made. The number of purchase payment cycles completed may
not be greater than the number of whole years since the Individual Account was
established under this or any other exchanged Aetna contract. The number of
purchase payment cycles completed equals the total number completed under this
contract and under other Aetna contracts from which Net Contributions to this
Contract have been transferred from (exchanged contracts). For each
withdrawal, the fee will be as follows:
Number of Purchase Payment Cycles Completed Withdrawal Fee
Fewer than 5 5%
5 or more, but fewer than 7 4%
7 or more, but fewer than 9 3%
9 or more, but fewer than 10 2%
10 or more 0%
1
EINRV98
<PAGE>
For each withdrawal from an Individual Account maintained pursuant
to a lump-sum payment, the Withdrawal Fee will vary according to the
period of time between the Effective Date of the Individual Account
under your previous exchanged Aetna contract and the date of
withdrawal as follows:
If Period of Time is Withdrawal Fee
Fewer than 5 years 5%
5 or more, but fewer than 6 years 4%
6 or more, but fewer than 7 years 3%
7 or more, but fewer than 8 years 2%
8 or more, but fewer than 9 years 1%
9 or more years 0%
The withdrawal fee will not be deducted from any portion of the
Individual Account Current Value which is paid:
[bullet] Due to the Participant's death before Annuity payments
begin;
[bullet] Used to purchase Annuity benefits;
[bullet] Due to the election of the Estate Conservation Option (ECO)
or the Systematic Withdrawal Option (SWO) (see Section IV);
[bullet] In an amount equal to or less than 10% of the Individual
Account Current Value, as part of the first partial
withdrawal request in a calendar year to a Participant who
is at least age 59-1/2 and less than 70-1/2. The Individual
Account Current Value is calculated as of the date the
partial withdrawal request is received in good order at
Aetna's Home Office. Any outstanding loans from the
Individual Account are excluded when calculating the
Individual Account Current Value. This provision does not
apply to partial withdrawal due to loan defaults made from
the Individual Account and does not apply to full
withdrawal requests. This provision may not be exercised if
SWO is elected;
[bullet] When the Individual Account(s) Current Value is $3,500 or
less and no amount has been withdrawn, taken as a loan or
used to purchase Annuity benefits during the prior 12
months;
[bullet] To relieve a Participant's "financial hardship," as may be
allowed for Annuity contracts under Section 403(b) of the
Code or other applicable Internal Revenue Service rules or
regulations; or
[bullet] On account of a Participant's separation from service. The
Contract Holder must submit documentation satisfactory to
Aetna to confirm that the Participant is no longer
providing services to the employer.
[bullet] The Withdrawal Fee will never exceed 8-1/2% of the total
Contributions made to the Individual Account.
The Withdrawal Fee may be reduced, waived or eliminated for
Individual Accounts acquired by exchange to reflect the differences
or expected differences in the amounts of unrecovered distribution
costs or services of the types that the charges are intended to
defray.
5. Replace the section entitled Separate Account, GA Account, and the Fixed
Plus Account with the following:
Separate Account, GA Account, Fixed Account and Fixed Plus Account
- --------------------------------------------------------------------------------
Transfers:
An unlimited number of Transfers may be made during the Accumulation Period.
2
<PAGE>
Maintenance Fee:
An annual Maintenance Fee may be charged, as determined by the value of
total assets held by Aetna under this Contract and other Aetna contracts of
the same class, on each anniversary date of this Contract. The Maintenance
Fee may go up or down each year. Where applicable, the Maintenance Fee will
be charged for each Participant in the Contract.
Total Assets Maintenance Fee
--------------------------------------- -------------------------------
Less than $500,000 $15.00
500,000 - 1,000,000 $15.00
1,000,001 - 5,000,000 $0.00
5,000,001 - 15,000,000 $0.00
Greater than 15,000,000 $0.00
Initial charges will be based on Aetna's estimated year end asset
level for the Contract Holder.
Systematic Withdrawal Option (SWO):
The Specified Payment or Specified Percentage may not be greater
than 20% of the Individual Account's Current Value at the time of
election. The Specified Period may not be less than 5 years.
Loan Interest Rate:
a) Plans subject to ERISA: a Loan Interest Rate is set on the first
business day of each month. For each loan, the initial Loan
Interest Rate is equal to the Monthly Average Corporates for the
calendar month beginning two months before the calendar month in
which the Loan Effective Date occurs. The initial Loan Interest
Rate is effective for a period of not less than three months and
not more than one year. The period is specified in the loan
agreement. For each period, the Loan Interest Rate is adjusted if
the new rate is at least 0.5% higher or lower than the previous
rate. The Participant will receive reasonable notification of any
change to the Loan Interest Rate.
b) Plans not subject to ERISA: 6% on an annual basis.
See Section I. - DEFINITIONS for explanations.
6. Replace the section entitled Annuity Option 2 under Contract Schedule II
with the following:
Annuity Option 1:
For amounts invested in the Fixed Account, GA Account or one or more
of the Fund(s), the number of years must be at least five (5) and
not more than thirty (30) and the Annuity may be a Fixed or Variable
Annuity.
For amounts invested in the Fixed Plus Account, the number of years
must be at least five (5) and not more than thirty (30) and the
Annuity must be a Fixed Annuity.
7. Add the following Definition:
Fixed Account:
If available under your contract, the Fixed Account is an
accumulation option with a guaranteed minimum interest rate shown on
the Contract Schedule I. Aetna may credit a higher rate which is not
guaranteed.
8. Replace the definition entitled Current Value with the following:
3
<PAGE>
Current Value:
For an Individual Account, the Current Value is the total of:
a) The amount, if any, in the Fixed Plus Account, with interest
earned to date;
b) The amount, if any, in the GA Account, with interest earned to
date;
c) The amount, if any in the Fixed Account, with interest earned to
date; and
d) The value of all Fund Record Units, if any, as of the most recent
Valuation Period; plus
e) Any amount due to experience credits; less
f) Any Maintenance Fee(s) due.
9. Replace the definition entitled Transfer with the following:
Transfer:
The movement of invested amounts among the available Fund(s), the
Fixed Plus Account, the Fixed Account and the GA Account during
the Accumulation Period.
10. Replace the section entitled Net Contributions with the following:
Net Contribution(s):
The Net Contribution equals the actual Contribution less any
applicable premium tax. Generally, Aetna will deduct the premium
tax when Annuity benefits are purchased (See Section V). If Aetna
determines that under applicable state law, it must pay a premium
tax when the Contribution is received, or at any other time, it
may deduct the tax at that time. The Net Contribution(s) may be
allocated among the following investment options:
a) The Fixed Plus Account; and
b) The current Deposit Period(s) for Guaranteed Terms under the
GA Account; and
c) The Fund(s) in which the Separate Account invests.
The Fixed Account is an investment option available only for Net
Contributions previously allocated to the Fixed Account under
Aetna contracts that are exchanged into this Contract. Contracts
that maintain the Fixed Account may not be eligible for reduced
charges to the Separate Account.
The Participant must tell Aetna the percentage of all Net
Contributions to allocate to one or more of the investment
options. The Participant may change the allocation of future Net
Contributions at any time, without charge. Aetna reserves the
right to require a minimum Contribution amount per Individual
Account.
11. Replace the section entitled Transfer(s) with the following:
Transfer(s):
Before an Annuity option is elected, all or any portion of the
Adjusted Current Value of the Individual Account may be
transferred from any Fund, or the GA Account:
a) To any other allowable Fund; or
b) To the Fixed Plus Account; or
c) To any Guaranteed Term of the GA Account with a different
classification available in the current Deposit Period.
No Transfers will be allowed into the Fixed Account.
Transfer requests can be submitted as a percentage or as a dollar
amount. Aetna may establish a minimum transfer amount. Within a
Guaranteed Term classification, the amount transferred will be
withdrawn from the oldest Deposit Period, then from the next
oldest, and so on until the amount requested is satisfied.
Amounts applied to Guaranteed Terms of the GA Account may not be
transferred to the Funds, the Fixed Plus Account or to another
Guaranteed Term during the Deposit Period or 90 days after the
close of the Deposit Period except for Matured Term Value(s)
during the calendar month following the Term's Maturity Date.
Transfers from Guaranteed Terms of the GA Account are subject to
the MVA provisions of 3.08
4
<PAGE>
Each Calendar year, 10% of the Current Value held in the Fixed
Account may be transferred to any Fund(s) and/or to the GA
Account's then-current Deposit Period. Such transfer will be
without charge and will not be allowed under an Annuity Option.
Transfers will be permitted to the Fixed Plus Account without
regard to these limitations. At its discretion, Aetna may allow
Contract Holders to transfer a larger percentage and/or take
multiple transfers in a calendar year. If Aetna so allows, Aetna
reserves the right to reinstate the transfer limitations without
notice.
During each rolling twelve (12) month period, up to 20% of the
Current Value held in the Fixed Plus Account may be transferred to
one or more of the Fund(s), and/or the GA Account's then-current
Deposit Period. The 20% limit is reduced by any partial
withdrawals, transfers, loans or amounts used to purchase an
Annuity during the twelve (12) month period. Aetna reserves the
right to include amounts paid under ECO and SWO provisions for
purposes of applying this 20% limit. This limit is waived when the
balance in the Fixed Plus Account is $1,000 or less on the date
the Transfer request is received in good order at Aetna's Home
Office.
The Participant may make an unlimited number of Transfers during
the Accumulation Period.
12. Replace the section entitled Notice to the Participant with the
following:
Notice to the Participant:
Each year, Aetna will notify the Participant of:
a) The value of any amounts held in:
1) The Fixed Plus Account,
2) The GA Account,
3) The Fixed Account,
4) The Fund(s) for the Separate Account;
b) The number of any Fund record units;
c) The Fund record unit Value(s);
d) The Loan Account balance; and
e) The amount available for withdrawal.
This information will be as of a date no more than sixty (60) days
before the date of the notice.
13. Replace the section entitled Withdrawal Value with the following:
Withdrawal Value:
After deduction of the Maintenance Fee (if any), the amount payable
by Aetna upon the withdrawal of any portion of an Individual Account
from the Fund(s), the Fixed Account or the GA Account shall be
reduced by a Withdrawal Fee, if applicable. The Withdrawal Fee will
be in accordance with the Withdrawal Fee table in Contract Schedule
I.
No Withdrawal Fee is deducted from any portion of the Current Value
which is paid from the Fixed Plus Account.
For a partial or full withdrawal from any Individual Account, Aetna must
receive written direction from the Participant on a form acceptable to
Aetna. Aetna may defer payment of the withdrawal value until appropriate
certification is received.
14. Replace the section entitled Withdrawal Fee Applicable to Funds and GA
Account with the following:
Withdrawal Fee Applicable to Funds, the Fixed Account and GA Account:
A Withdrawal Fee (Deferred Sales Charge) may apply to withdrawals
from the GA Account, the Fixed Account and/or Funds. For each
withdrawal, the withdrawal fee will be determined as shown on
Contract Schedule I.
5
<PAGE>
During each rolling 12-month period, up to 20% of the Current Value
in the Fixed Plus Account may be withdrawn as a partial surrender.
This 20% limit is reduced by any amount(s) transferred, taken as a
loan or used to purchase an Annuity during the 12 month period. The
20% limit applicable to partial surrenders from the Fixed Plus
Account will be waived when the partial surrender is due to one of
the conditions set forth in Contract Schedule I. The waiver will
apply provided the partial surrender is taken pro-rata from the
Fixed Plus Account, the GA Account, and the Fund(s). Aetna reserves
the right to include amounts paid under the ECO and SWO provisions
for purposes of applying the 20% limit. However, the SWO provision
is not available if the Participant requested a Fixed Plus Account
Transfer or surrender within the current 12 month period.
15. Replace the fourth sentence of the section entitled Reinstatement with
the following:
Amounts will be reinstated among the Fixed Plus Account, the GA
Account, the Fixed Account and/or the Fund(s) for the Separate
Account in the same proportion as they were at the time of
withdrawal.
16. Replace a) under the section entitled Estate Conservation Option with
the following:
a) With the Estate Conservation Option (ECO) a portion of the
Individual Account Current Value is automatically surrendered and
distributed each year without incurring a Withdrawal Fee. Each
payment will be withdrawn from the Individual Account in the same
proportion as assets are held in the Funds, the GA Account, the
Fixed Account and the Fixed Plus Account on the date the payment
is made.
17. Replace a) under the section entitled Systematic Withdrawal Option with
the following:
a) With the Systematic Withdrawal Option (SWO) a portion of the
Individual Account Current Value is automatically distributed each
year without incurring a Withdrawal Fee. A SWO payment will be
calculated on the Individual Account's Current Value. Each payment
will be withdrawn from the Individual Account in the same
proportion as assets are held in the Funds, the GA Account, the
Fixed Account and the Fixed Plus Account on the date the payment
is made. SWO payments may not be elected if a loan is outstanding
under an Individual Account.
II. The following provisions apply to amounts attributable to Net Contribution
made to the Contract on or after the Contract effective date:
1. In the section entitled Fixed Plus Account in Contract Schedule I:
Replace the Minimum Guaranteed Interest Rate provision with the following:
Minimum Guaranteed Interest Rate:
3% (effective annual rate of return).
2. Replace the Full Withdrawal provision with the following:
Full Withdrawal:
The Payment of Fixed Plus Account Full Withdrawal provision will be
waived when the withdrawal is:
a) Due to the Participant's death before Annuity payments begin and
request for payment is received within six (6) months after the
Participant's date of death;
b) Used to purchase Annuity benefits;
c) When the amount in the Fixed Plus Account is $3,500 or less and no
amount has been surrendered, transferred, taken as a loan or used
to purchase Annuity benefits during the prior 12 months;
d) Due to hardship from an unforeseeable emergency, as defined by the
Code, if the following conditions are met:
1) the hardship is certified by the employer;
2) the amount is paid directly to you; and
6
<PAGE>
3) the amount paid for all withdrawals due to hardship during the
previous 12 month period does not exceed 10% of the average
value of all Accounts under the Contract during that same
period; or
e) Due to separation from service with the employer, provided that:
1) the employer certifies that you have separated from service;
2) the amount is withdrawn within one year from separation from
service or, if withdrawn after one year from separation from
service, the amount withdrawn is paid directly to you; and
3) the amount paid for all partial and full withdrawals due to
separation from service during the previous 12 month period
does not exceed 20% of the average value of all Accounts under
the Contract during that same period.
III. All amounts transferred or allocated to the Fixed Plus Account on or after
the Contract effective date will be subject to the Fixed Plus Account rules
applicable to amounts attributable to Net Contributions made to the Contract on
or after that date.
IV. One-time election for Individual Accounts established with Net
Contributions from exchanged Aetna Contracts.
a) During the [three (3)] month period beginning on the Contract
effective date, Participants will have a one-time opportunity to
elect, by giving notice to Aetna, to have all amounts held in the
Fixed Plus Account be subject to the Fixed Plus Account rules
applicable to amounts attributable to Net Contributions made to
the Contract on or after the Contract effective date. Participants
who make the election described in the preceding sentence will not
be entitled to be credited, beginning on the tenth anniversary of
the effective date of their Individual Account, with an interest
rate that is higher than the then declared rate for Individual
Accounts before the tenth anniversary on any amounts held in the
Fixed Plus Account. An election made pursuant to this provision
may not be revoked.
b) For Participants who do not make the election allowed under IV(a)
above, amounts attributable to their balances in the Fixed Plus
Account on the Contract effective date will remain subject to the
rules described in the Contract (without giving effect to Part II
of this endorsement) until such time as they are transferred to
another investment option or withdrawn.
V. In the Annuity Provisions section:
Add the following to the Choices provision:
c) At the request of the Owner, all or any portion of the amount
allocated to a Fund may be transferred from any Fund to any other
allowable Fund. During the Annuity period, the maximum number of
allowable transfers in a calendar year is four. Aetna reserves the
right to change the number of allowable transfers.
Transfer requests must be expressed as a percentage of the
allocation among the Funds of the amount upon which the Variable
Annuity will be based. Aetna may establish a minimum transfer
amount. Transfers will be processed as of the Valuation Date next
following the date when a transfer request is received in good
order at Aetna's Home Office.
Revise paragraph e) under the Choices provision as follows:
a) Once elected, an Annuity option may not be revoked, except for
option 1 when elected on a variable basis.
Replace paragraph a) under Terms of Annuity Options with the following:
No choice of any Annuity option may be made if the first payment
would be less than $50 or if the total payments in a year would be
less than $250.
Replace the last sentence in paragraph b) under Terms of Annuity Options with
the following:
The Annuity rates for options 2 and 3 are based on mortality from
1983 Table a.
Replace the first sentence in the Death Provision with the following:
7
<PAGE>
When an Annuitant dies under options 2 and 3, the present value of
any remaining guaranteed payments will be paid in one sum or
payments will continue at the direction of the Contract Holder, in
accordance with the Plan.
Delete the last paragraph in the Death Provision.
Replace the Annuity Options provision with the following:
Annuity Options:
The Contract Holder may direct Aetna to make payments according to
one of the following options.
Option 1 -- Payments for a Stated Period of Time -- An Annuity
will be paid for 5 to 30 years.
If payments for this option are made under a Variable Annuity,
the present value of any remaining payments may be withdrawn at
any time. If a withdrawal is requested prior to the minimum
number of years specified on Contract Schedule II, it will be
subject to any withdrawal fee, if applicable (see Contract
Schedule I).
Option 2 -- Life Income Based on the Life of the Annuitant --
Payments will be made until the death of the Annuitant. When this
option is chosen, a choice from the following must be made:
a) payments cease at the death of the Annuitant;
b) payments may be guaranteed for 5 - 30 years; or
c) cash refund: if the Annuitant dies, the beneficiary will
receive a lump sum payment equal to the amount applied to the
Annuity option (less any premium tax) less the total amount of
Fixed Annuity payments paid prior to such death. This cash refund
feature is only available if the total amount applied to the
Annuity option is allocated to a Fixed Annuity.
Option 3 - Life Income Based Upon the Lives of Two Annuitants --
An Annuity will be paid during the lives of the Annuitant and a
joint Annuitant. Payments will continue until both Annuitants
have died. When this option is chosen, a choice of the following
must be made:
a) 100% of the payment to continue after the first death;
b) 66-2/3% of the payment to continue after the first death;
c) 50% of the payment to continue after the first death;
d) 100% of the payment to continue after the first death with a
guarantee of 5 - 30 years;
e) 100% of the payment to continue at the death of the second
Annuitant and 50% of the payment to continue at the death of the
Annuitant; or
f) 100% of the payment to continue after the first death with a
cash refund feature. If the Annuitant and joint Annuitant die,
the beneficiary will receive a lump sum payment equal to the
amount applied to the Annuity option (less any premium tax) less
the total amount of Fixed Annuity payments paid prior to such
death. This cash refund feature is only available if the total
amount applied to the Annuity option is allocated to a Fixed
Annuity.
If a Fixed Annuity is chosen under option 1, option 2 a) or b) or
option 3 a) or d), the Participant may elect an annual increase of
one, two or three percent compounded annually.
Other Options -- Aetna may make other options available as allowed
by the laws of the state in which this Contract is delivered.
Replace the tables at the end of the Annuity Provisions section of
the Contract and Certificate with the following tables:
8
<PAGE>
OPTION 1
Payments for a Stated Period of Time
Amount of Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Fixed Annuity with Guaranteed Interest Rate of 3.0%
- --------------------------------------------------------------------------
Monthly Monthly
Years Payment Years Payment
- --------------------------------------------------------------------------
5 17.91 18 5.96
6 15.14 19 5.73
7 13.16 20 5.51
8 11.68 21 5.32
9 10.53 22 5.15
10 9.61 23 4.99
11 8.86 24 4.84
12 8.24 25 4.71
13 7.71 26 4.59
14 7.26 27 4.47
15 6.87 28 4.37
16 6.53 29 4.27
17 6.23 30 4.18
- ------------------------- ------------------------------------------------
9
<PAGE>
OPTION 1
Payments for a Stated Period of Time
Amount of First Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Variable Annuity with Assumed Net Return Rate of 3.5%
- --------------------------------------------------------------------------
Monthly Monthly
Years Payment Years Payment
- --------------------------------------------------------------------------
5 18.12 18 6.20
6 15.35 19 5.97
7 13.38 20 5.75
8 11.90 21 5.56
9 10.75 22 5.39
10 9.83 23 5.24
11 9.09 24 5.09
12 8.46 25 4.96
13 7.94 26 4.84
14 7.49 27 4.73
15 7.10 28 4.63
16 6.76 29 4.53
17 6.47 30 4.45
- ------------------------- ------------------------------------------------
Rates for a Variable Annuity with Assumed Net Return Rate of 5.0%
- ------------------------- ------------------------------------------------
Monthly Monthly
Years Payment Years Payment
- ------------------------- ------------------------------------------------
5 18.74 18 6.94
6 15.99 19 6.71
7 14.02 20 6.51
8 12.56 21 6.33
9 11.42 22 6.17
10 10.51 23 6.02
11 9.77 24 5.88
12 9.16 25 5.76
13 8.64 26 5.65
14 8.20 27 5.54
15 7.82 28 5.45
16 7.49 29 5.36
17 7.20 30 5.28
- ------------------------- ------------------------------------------------
10
<PAGE>
OPTION 2
Life Income
Amount of Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Fixed Annuity with Guaranteed Interest Rate of 3.0%
Payments Guaranteed for a Stated Period of Years
- -------------- -----------------------------------------------------------------
Adjusted
Age of None 5 10 15 20 Cash
Annuitant Refund
- -------------- -----------------------------------------------------------------
50 $ 4.05 $ 4.05 $ 4.03 $ 3.99 $ 3.93 $ 3.89
51 4.12 4.11 4.09 4.05 3.99 3.94
52 4.19 4.19 4.16 4.11 4.04 4.00
53 4.27 4.26 4.23 4.18 4.10 4.06
54 4.35 4.34 4.31 4.25 4.16 4.12
55 4.44 4.42 4.39 4.32 4.22 4.19
56 4.53 4.51 4.47 4.40 4.29 4.26
57 4.62 4.61 4.56 4.48 4.35 4.33
58 4.72 4.71 4.65 4.56 4.42 4.41
59 4.83 4.81 4.75 4.64 4.49 4.49
60 4.95 4.93 4.86 4.73 4.55 4.57
61 5.07 5.05 4.97 4.83 4.62 4.66
62 5.20 5.17 5.08 4.92 4.69 4.76
63 5.34 5.31 5.20 5.02 4.76 4.85
64 5.49 5.45 5.33 5.12 4.83 4.96
65 5.65 5.61 5.47 5.22 4.89 5.06
66 5.82 5.77 5.61 5.33 4.96 5.18
67 6.01 5.94 5.75 5.44 5.02 5.30
68 6.20 6.13 5.91 5.54 5.08 5.42
69 6.41 6.33 6.07 5.65 5.14 5.56
70 6.64 6.54 6.23 5.76 5.19 5.70
71 6.88 6.76 6.41 5.86 5.24 5.84
72 7.14 7.00 6.59 5.97 5.28 6.00
73 7.43 7.26 6.77 6.06 5.32 6.16
74 7.73 7.53 6.96 6.16 5.35 6.33
75 8.06 7.82 7.14 6.25 5.38 6.51
- ----------------- ---------------- ---------------- ----------------- ----------
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
11
<PAGE>
OPTION 2
Life Income
Amount of First Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Variable Annuity with Assumed Net Return Rate of 3.5%
Payments Guaranteed for a Stated Period of Years
- --------------------------------------------------------------------------------
Adjusted
Age of None 5 10 15 20
Annuitant
- -------------------- ------------------- ------------------- -------------------
50 $ 4.34 $ 4.34 $ 4.31 $ 4.27 $ 4.22
51 4.41 4.40 4.38 4.33 4.27
52 4.48 4.47 4.45 4.40 4.32
53 4.56 4.55 4.52 4.46 4.38
54 4.64 4.63 4.59 4.53 4.44
55 4.72 4.71 4.67 4.60 4.50
56 4.81 4.80 4.75 4.67 4.56
57 4.91 4.89 4.84 4.75 4.62
58 5.01 4.99 4.93 4.83 4.69
59 5.12 5.10 5.03 4.92 4.75
60 5.23 5.21 5.13 5.00 4.82
61 5.36 5.33 5.24 5.09 4.88
62 5.49 5.45 5.35 5.19 4.95
63 5.63 5.59 5.47 5.28 5.02
64 5.78 5.73 5.60 5.38 5.08
65 5.94 5.89 5.73 5.48 5.15
66 6.11 6.05 5.87 5.58 5.21
67 6.29 6.22 6.02 5.69 5.27
68 6.49 6.41 6.17 5.79 5.33
69 6.70 6.60 6.33 5.90 5.38
70 6.92 6.81 6.49 6.00 5.43
71 7.17 7.04 6.66 6.10 5.48
72 7.43 7.27 6.84 6.20 5.52
2
73 7.71 7.53 7.02 6.30 5.55
74 8.02 7.80 7.20 6.39 5.59
75 8.35 8.08 7.38 6.48 5.62
- -------------------- ------------------- ------------------- -------------------
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
12
<PAGE>
OPTION 2
Life Income
Amount of First Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Variable Annuity with Assumed Net Return Rate of 5.0%
Payments Guaranteed for a Stated Period of Years
- -------------------------------------------------------------------------------
Adjusted
Age of None 5 10 15 20
Annuitant
- -------------------- ------------------- ------------------- -------------------
50 $ 5.26 $ 5.25 $ 5.22 $ 5.17 $ 5.11
51 5.33 5.32 5.28 5.23 5.15
52 5.40 5.38 5.34 5.29 5.20
53 5.47 5.45 5.41 5.35 5.26
54 5.54 5.53 5.48 5.41 5.31
55 5.63 5.61 5.56 5.47 5.36
56 5.71 5.69 5.63 5.54 5.42
57 5.80 5.78 5.72 5.61 5.47
58 5.90 5.88 5.81 5.69 5.53
59 6.01 5.98 5.90 5.77 5.59
60 6.12 6.09 6.00 5.85 5.65
61 6.24 6.21 6.10 5.93 5.71
62 6.37 6.33 6.21 6.02 5.77
63 6.51 6.46 6.33 6.11 5.83
64 6.66 6.60 6.45 6.20 5.89
65 6.82 6.75 6.57 6.30 5.95
66 6.99 6.91 6.71 6.39 6.01
67 7.17 7.08 6.85 6.49 6.06
68 7.36 7.27 6.99 6.59 6.12
69 7.57 7.46 7.15 6.69 6.17
70 7.80 7.67 7.30 6.78 6.21
71 8.05 7.89 7.47 6.88 6.25
72 8.31 8.13 7.64 6.97 6.29
73 8.59 8.38 7.81 7.06 6.33
74 8.90 8.64 7.99 7.15 6.36
75 9.23 8.93 8.16 7.23 6.38
- -------------------- ------------------- ------------------- -------------------
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
13
<PAGE>
OPTION 3
Life Income for Two Annuitants
Amount of Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Fixed Annuity with Guaranteed Interest Rate of 3.0%
<TABLE>
<CAPTION>
- -------------------------------------------------------------------------------------------------
Adjusted Ages Option 3d
- -------------------------
Annuitant Second Option 3a Option 3b Option 3c 10 Years Option 3e Option 3f
Annuitant Guaranteed
- -------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C>
55 50 $ 3.69 $ 4.05 $ 4.27 $ 3.69 $ 4.03 $ 3.69
55 55 3.88 4.25 4.47 3.87 4.14 3.87
55 60 3.99 4.44 4.71 3.98 4.20 3.98
60 55 3.99 4.44 4.71 3.98 4.42 3.98
60 60 4.24 4.71 4.99 4.23 4.57 4.23
60 65 4.38 4.97 5.32 4.38 4.65 4.38
65 60 4.38 4.97 5.32 4.38 4.93 4.38
65 65 4.72 5.33 5.70 4.71 5.14 4.72
65 70 4.93 5.68 6.15 4.91 5.27 4.91
70 65 4.93 5.68 6.15 4.91 5.66 4.91
70 70 5.40 6.21 6.70 5.36 5.96 5.38
70 75 5.69 6.68 7.32 5.62 6.13 5.66
75 70 5.69 6.68 7.32 5.62 6.67 5.66
75 75 6.37 7.45 8.15 6.23 7.12 6.33
75 80 6.78 8.11 8.99 6.54 7.36 6.71
- -------------------------------------------------------------------------------------------------
</TABLE>
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
14
<PAGE>
OPTION 3
Life Income for Two Annuitants
Amount of First Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Variable Annuity with Assumed Net Return Rate of 3.5%
- --------------------------------------------------------------------------------
Adjusted Ages Option 3d
- ------------------
Annuitant Second Option 3a Option 3b Option 3c 10 Years Option 3e
Annuitant Guaranteed
- --------------------------------------------------------------------------------
55 50 $ 3.97 $ 4.35 $ 4.56 $ 3.97 $ 4.31
55 55 4.16 4.54 4.76 4.15 4.42
55 60 4.27 4.73 5.00 4.26 4.48
60 55 4.27 4.73 5.00 4.26 4.70
60 60 4.51 4.99 5.27 4.50 4.84
60 65 4.66 5.25 5.61 4.65 4.93
65 60 4.66 5.25 5.61 4.65 5.22
65 65 4.99 5.61 5.99 4.98 5.42
65 70 5.19 5.97 6.44 5.17 5.54
70 65 5.19 5.97 6.44 5.17 5.93
70 70 5.67 6.49 6.99 5.62 6.23
70 75 5.95 6.96 7.61 5.87 6.40
75 70 5.95 6.96 7.61 5.87 6.95
75 75 6.64 7.73 8.43 6.48 7.40
75 80 7.04 8.39 9.29 6.79 7.64
- --------------------------------------------------------------------------------
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
15
<PAGE>
OPTION 3
Life Income for Two Annuitants
Amount of First Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Variable Annuity with Assumed Net Return Rate of 5.0%
- --------------------------------------------------------------------------------
Adjusted Ages Option 3d
- -------------------
Annuitant Second Option 3a Option 3b Option 3c 10 Years Option 3e
Annuitant Guaranteed
- --------------------------------------------------------------------------------
55 50 $ 4.88 $ 5.26 $ 5.48 $ 4.88 $ 5.23
55 55 5.04 5.44 5.66 5.04 5.32
55 60 5.15 5.63 5.91 5.14 5.38
60 55 5.15 5.63 5.91 5.14 5.59
60 60 5.37 5.87 6.16 5.37 5.72
60 65 5.52 6.14 6.51 5.51 5.80
65 60 5.52 6.14 6.51 5.51 6.10
65 65 5.83 6.49 6.87 5.82 6.29
65 70 6.04 6.84 7.34 6.00 6.41
70 65 6.04 6.84 7.34 6.00 6.81
70 70 6.49 7.35 7.87 6.44 7.08
70 75 6.77 7.84 8.51 6.68 7.25
75 70 6.77 7.84 8.51 6.68 7.81
75 75 7.45 8.60 9.33 7.27 8.25
75 80 7.86 9.28 10.20 7.57 8.49
- --------------------------------------------------------------------------------
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
16
<PAGE>
Endorsed and made a part of the Contract and Certificate on the effective date
of the Contract.
/s/ Dan Kearney
EX-99-B.4.22
Aetna Life Insurance and Annuity Company
FORM OF ENDORSEMENT
The Contract and Certificate are hereby endorsed as follows:
I. The following provisions apply only to Individual Accounts established with
Net Contributions from exchanged Aetna contracts.
1. The Guaranteed Interest Rate section of the Specifications is replaced
with the following:
There is a guaranteed interest rate for Contributions(s) held in the
Fixed Plus Account, the Fixed Account and the GA Account (see Contract
Schedule I).
2. Where the Transfer Credit endorsement is made a part of the Contract,
the Transfer Credit will be applied to Transferred Assets deposited
into an exchanged contract which are transferred into an acquired
contract, as well as to Transferred Assets deposited into an acquired
contract up until the one year anniversary of the first Net
Contribution to the exchanged contract.
3. Add the following section to Contract Schedule I:
Fixed Account
- -------------------------------------------------------------------------------
Minimum Guaranteed Interest Rate:
3% (effective annual rate of return).
4. Replace the section entitled Separate Account and GA Account under
Contract Schedule I with the following:
Separate Account, Fixed Account and GA Account
- -------------------------------------------------------------------------------
Withdrawal Fee:
For each withdrawal from an Individual Account, the Withdrawal Fee will
vary according to the number of purchase payment cycles completed for the
Individual Account being surrendered. The number and amount of purchase
payments to be made in a cycle is chosen by the Participant. A purchase
payment cycle is completed when this chosen number and amount of purchase
payments have been made. The number of purchase payment cycles completed
may not be greater than the number of whole years since the Individual
Account was established under this or any other exchanged Aetna contract.
The number of purchase payment cycles completed equals the total number
completed under this contract and under other Aetna contracts from which
Net Contributions to this Contract have been transferred from (exchanged
contracts). For each withdrawal, the fee will be as follows:
Number of Purchase Payment Cycles Completed Withdrawal Fee
Fewer than 5 5%
5 or more, but fewer than 7 4%
7 or more, but fewer than 9 3%
9 or more, but fewer than 10 2%
10 or more 0%
1
EINRP98
<PAGE>
For each withdrawal from an Individual Account maintained pursuant
to a lump-sum payment, the Withdrawal Fee will vary according to the
period of time between the Effective Date of the Individual Account
under your previous exchanged Aetna contract and the date of
withdrawal as follows:
If Period of Time is: Withdrawal Fee
Fewer than 5 years 5%
5 or more, but fewer than 6 years 4%
6 or more, but fewer than 7 years 3%
7 or more, but fewer than 8 years 2%
8 or more, but fewer than 9 years 1%
9 or more years 0%
The withdrawal fee will not be deducted from any portion of the
Individual Account Current Value which is paid:
[bullet] Due to the Participant's death before Annuity payments begin;
[bullet] Used to purchase Annuity benefits;
[bullet] Due to the election of the Estate Conservation Option (ECO) or
the Systematic Withdrawal Option (SWO) (see Section IV);
[bullet] In an amount equal to or less than 10% of the Individual
Account Current Value, as part of the first partial withdrawal
request in a calendar year to a Participant who is at least
age 59-1/2 and less than 70-1/2. The Individual Account
Current Value is calculated as of the date the partial
withdrawal request is received in good order at Aetna's Home
Office. Any outstanding loans from the Individual Account are
excluded when calculating the Individual Account Current
Value. This provision does not apply to partial withdrawal due
to loan defaults made from the Individual Account and does not
apply to full withdrawal requests. This provision may not be
exercised if SWO is elected;
[bullet] When the Individual Account(s) Current Value is $3,500 or less
and no amount has been withdrawn, taken as a loan or used to
purchase Annuity benefits during the prior 12 months;
[bullet] To relieve a Participant's "financial hardship," as may be
allowed for Annuity contracts under Section 403(b) of the Code
or other applicable Internal Revenue Service rules or
regulations; or
[bullet] On account of a Participant's separation from service. The
Contract Holder must submit documentation satisfactory to
Aetna to confirm that the Participant is no longer providing
services to the employer.
[bullet] The Withdrawal Fee will never exceed 8-1/2% of the total
Contributions made to the Individual Account.
The Withdrawal Fee may be reduced, waived or eliminated for Individual
Accounts acquired by exchange to reflect the differences or expected
differences in the amounts of unrecovered distribution costs or
services of the types that the charges are intended to defray.
5. Replace the section entitled Separate Account, GA Account, and the Fixed
Plus Account with the following:
Separate Account, GA Account, Fixed Account and Fixed Plus Account
- -------------------------------------------------------------------------------
Transfers:
An unlimited number of Transfers may be made during the Accumulation Period.
2
<PAGE>
Maintenance Fee:
An annual Maintenance Fee may be charged, as determined by the value of
total assets held by Aetna under this Contract and other Aetna contracts of
the same class, on each anniversary date of this Contract. The Maintenance
Fee may go up or down each year. Where applicable, the Maintenance Fee will
be charged for each Participant in the Contract.
Total Assets Maintenance Fee
-------------------------------------------------------------------
Less than $500,000 $15.00
500,000 - 1,000,000 $15.00
1,000,001 - 5,000,000 $0.00
5,000,001 - 15,000,000 $0.00
Greater than 15,000,000 $0.00
Initial charges will be based on Aetna's estimated year end asset
level for the Contract Holder.
Systematic Withdrawal Option (SWO):
The Specified Payment or Specified Percentage may not be greater than 20% of
the Individual Account's Current Value at the time of election. The
Specified Period may not be less than 5 years.
Loan Interest Rate:
a) Plans subject to ERISA: a Loan Interest Rate is set on the first
business day of each month. For each loan, the initial Loan
Interest Rate is equal to the Monthly Average Corporates for the
calendar month beginning two months before the calendar month in
which the Loan Effective Date occurs. The initial Loan Interest
Rate is effective for a period of not less than three months and
not more than one year. The period is specified in the loan
agreement. For each period, the Loan Interest Rate is adjusted if
the new rate is at least 0.5% higher or lower than the previous
rate. The Participant will receive reasonable notification of any
change to the Loan Interest Rate.
b) Plans not subject to ERISA: 6% on an annual basis.
See Section I. - DEFINITIONS for explanations.
6. Replace the section entitled Annuity Option 2 under Contract Schedule II
with the following:
Annuity Option 1:
For amounts invested in the Fixed Account, GA Account or one or more
of the Fund(s), the number of years must be at least five (5) and
not more than thirty (30) and the Annuity may be a Fixed or Variable
Annuity.
For amounts invested in the Fixed Plus Account, the number of years
must be at least five (5) and not more than thirty (30) and the
Annuity must be a Fixed Annuity.
7. Add the following Definition:
Fixed Account:
If available under your contract, the Fixed Account is an
accumulation option with a guaranteed minimum interest rate shown on
the Contract Schedule I. Aetna may credit a higher rate which is not
guaranteed.
8. Replace the definition entitled Current Value with the following:
3
<PAGE>
Current Value:
For an Individual Account, the Current Value is the total of:
a) The amount, if any, in the Fixed Plus Account, with interest
earned to date;
b) The amount, if any, in the GA Account, with interest earned to
date;
c) The amount, if any in the Fixed Account, with interest earned to
date; and
d) The value of all Fund Record Units, if any, as of the most recent
Valuation Period; plus
e) Any amount due to experience credits; less
f) Any Maintenance Fee(s) due.
9. Replace the definition entitled Transfer with the following:
Transfer:
The movement of invested amounts among the available Fund(s), the
Fixed Plus Account, the Fixed Account and the GA Account during the
Accumulation Period.
10. Replace the section entitled Net Contribution(s) with the following:
Net Contribution(s):
The Net Contribution equals the actual Contribution less any
applicable premium tax. Generally, Aetna will deduct the premium tax
when Annuity benefits are purchased (See Section V). If Aetna
determines that under applicable state law, it must pay a premium
tax when the Contribution is received, or at any other time, it may
deduct the tax at that time. The Net Contribution(s) may be
allocated among the following investment options:
a) The Fixed Plus Account; and
b) The current Deposit Period(s) for Guaranteed Terms under the GA
Account; and
c) The Fund(s) in which the Separate Account invests.
The Fixed Account is an investment option available only for Net
Contributions previously allocated to the Fixed Account under Aetna
contracts that are exchanged into this Contract. Contracts that
maintain the Fixed Account may not be eligible for reduced charges
to the Separate Account.
The Contract Holder must tell Aetna the percentage of all Net
Contributions to allocate to one or more of the investment options.
The Contract Holder or, if permitted by the Contract Holder, the
Participant may change the allocation of future Net Contributions at
any time, without charge. Aetna reserves the right to require a
minimum Contribution amount per Individual Account.
11. Replace the section entitled Transfer(s) with the following:
Transfer(s):
Before an Annuity option is elected, all or any portion of the
Adjusted Current Value of the Individual Account may be transferred
from any Fund, or the GA Account:
a) To any other allowable Fund; or
b) To the Fixed Plus Account; or
c) To any Guaranteed Term of the GA Account with a different
classification available in the current Deposit Period.
No Transfers will be allowed into the Fixed Account.
Transfer requests can be submitted as a percentage or as a dollar
amount. Aetna may establish a minimum transfer amount. Within a
Guaranteed Term classification, the amount transferred will be
withdrawn from the oldest Deposit Period, then from the next oldest,
and so on until the amount requested is satisfied.
Amounts applied to Guaranteed Terms of the GA Account may not be
transferred to the Funds, the Fixed Plus Account or to another
Guaranteed Term during the Deposit Period or 90 days after the close
of the Deposit Period except for Matured Term Value(s) during the
calendar month following the Term's Maturity Date.
Transfers from Guaranteed Terms of the GA Account are subject to the
MVA provisions of 3.08.
4
<PAGE>
Each Calendar year, 10% of the Current Value held in the Fixed
Account may be transferred to any Fund(s) and/or to the GA Account's
then-current Deposit Period. Such transfer will be without charge
and will not be allowed under an Annuity Option. Transfers will be
permitted to the Fixed Plus Account without regard to these
limitations. At its discretion, Aetna may allow Contract Holders to
transfer a larger percentage and/or take multiple transfers in a
calendar year. If Aetna so allows, Aetna reserves the right to
reinstate the transfer limitations without notice.
During each rolling twelve (12) month period, up to 20% of the
Current Value held in the Fixed Plus Account may be transferred to
one or more of the Fund(s), and/or the GA Account's then-current
Deposit Period. The 20% limit is reduced by any partial withdrawals,
transfers, loans or amounts used to purchase an Annuity during the
twelve (12) month period. Aetna reserves the right to include
amounts paid under ECO and SWO provisions for purposes of applying
this 20% limit. This limit is waived when the balance in the Fixed
Plus Account is $1,000 or less on the date the Transfer request is
received in good order at Aetna's Home Office.
The Contract Holder, or Participant if authorized in writing by the
Contract Holder, may make an unlimited number of Transfers during
the Accumulation Period.
12. Replace the section entitled Notice to the Contract Holder with the
following:
Notice to the Contract Holder:
Each year, Aetna will notify the Contract Holder of:
a) The value of any amounts held in:
1) The Fixed Plus Account,
2) The GA Account,
3) The Fixed Account,
4) The Fund(s) for the Separate Account;
b) The number of any Fund record units;
c) The Fund record unit Value(s);
d) The Loan Account balance; and
e) The amount available for withdrawal.
This information will be as of a date no more than sixty (60) days
before the date of the notice.
13. Replace the section entitled Withdrawal Value with the following:
Withdrawal Value:
After deduction of the Maintenance Fee (if any), the amount payable
by Aetna upon the withdrawal of any portion of an Individual Account
from the Fund(s), the Fixed Account or the GA Account shall be
reduced by a Withdrawal Fee, if applicable. The Withdrawal Fee will
be in accordance with the Withdrawal Fee table in Contract Schedule
I.
No Withdrawal Fee is deducted from any portion of the Current Value
which is paid from the Fixed Plus Account.
For a partial or full withdrawal from any Individual Account, Aetna
must receive written direction from the Contract Holder on a form
acceptable to Aetna. If the Contract is subject to ERISA, this
direction must include certification that all of the REA waiver and
spousal consent requirements have been satisfied. Aetna may defer
payment of the withdrawal value until appropriate Contract Holder
certification is received.
14. Replace the section entitled Withdrawal Fee Applicable to Funds and GA
Account with the following:
Withdrawal Fee Applicable to Funds, the Fixed Account and GA Account:
A Withdrawal Fee (Deferred Sales Charge) may apply to withdrawals
from the GA Account, the Fixed Account and/or Funds. For each
withdrawal, the withdrawal fee will be determined as shown on
Contract Schedule I.
5
<PAGE>
During each rolling 12-month period, up to 20% of the Current Value
in the Fixed Plus Account may be withdrawn as a partial surrender.
This 20% limit is reduced by any amount(s) transferred, taken as a
loan or used to purchase an Annuity during the 12 month period. The
20% limit applicable to partial surrenders from the Fixed Plus
Account will be waived when the partial surrender is due to one of
the conditions set forth in Contract Schedule I. The waiver will
apply provided the partial surrender is taken pro-rata from the
Fixed Plus Account, the GA Account, and the Fund(s). Aetna reserves
the right to include amounts paid under the ECO and SWO provisions
for purposes of applying the 20% limit. However, the SWO provision
is not available if the Contract Holder on behalf of the Participant
requested a Fixed Plus Account Transfer or surrender within the
current 12 month period.
15. Replace the fourth sentence of the section entitled Reinstatement with
the following:
Amounts will be reinstated among the Fixed Plus Account, the GA
Account, the Fixed Account and/or the Fund(s) for the Separate
Account in the same proportion as they were at the time of
withdrawal.
16. Replace a) under the section entitled Estate Conservation Option with the
following:
a) With the Estate Conservation Option (ECO) a portion of the
Individual Account Current Value is automatically surrendered and
distributed each year without incurring a Withdrawal Fee. Each
payment will be withdrawn from the Individual Account in the same
proportion as assets are held in the Funds, the GA Account, the
Fixed Account and the Fixed Plus Account on the date the payment
is made.
17. Replace a) under the section entitled Systematic Withdrawal Option with
the following:
a) With the Systematic Withdrawal Option (SWO) a portion of the
Individual Account Current Value is automatically distributed
each year without incurring a Withdrawal Fee. A SWO payment will
be calculated on the Individual Account's Current Value. Each
payment will be withdrawn from the Individual Account in the same
proportion as assets are held in the Funds, the GA Account, the
Fixed Account and the Fixed Plus Account on the date the payment
is made. SWO payments may not be elected if a loan is outstanding
under an Individual Account.
II. The following provisions apply to amounts attributable to Net Contributions
made to the Contract on or after the Contract effective date:
1. In the section entitled Fixed Plus Account in Contract Schedule I:
Replace the Minimum Guaranteed Interest Rate provision with the
following:
Minimum Guaranteed Interest Rate:
3% (effective annual rate of return).
6
<PAGE>
2. Replace the Full Withdrawal provision with the following:
Full Withdrawal:
The Payment of Fixed Plus Account Full Withdrawal provision will be
waived when the withdrawal is:
a) Due to the Participant's death before Annuity payments begin and
request for payment is received within six (6) months after the
Participant's date of death;
b) Used to purchase Annuity benefits;
c) When the amount in the Fixed Plus Account is $3,500 or less and
no amount has been surrendered, transferred, taken as a loan or
used to purchase Annuity benefits during the prior 12 months;
d) Due to hardship from an unforeseeable emergency, as defined by
the Code, if the following conditions are met:
1) the hardship is certified by the employer;
2) the amount is paid directly to the Participant; and
3) the amount paid for all withdrawals due to hardship during the
previous 12 month period does not exceed 10% of the average
value of all Accounts under the Contract during that same
period; or
e) Due to separation from service with the employer, provided that:
1) the employer certifies that the Participant has separated from
service;
2) the amount is withdrawn within one year from separation from
service or, if withdrawn after one year from separation from
service, the amount withdrawn is paid directly to the
Participant; and
3) the amount paid for all partial and full withdrawals due to
separation from service during the previous 12 month period
does not exceed 20% of the average value of all Accounts under
the Contract during that same period.
III. All amounts transferred or allocated to the Fixed Plus Account on or after
the Contract effective date will be subject to the Fixed Plus Account rules
applicable to amounts attributable to Net Contributions made to the Contract
on or after that date.
IV. One-time election for Individual Accounts established with Net Contributions
from exchanged Aetna Contracts:
a) During the [three (3)] month period beginning on the Contract
effective date, Participants will have a one-time opportunity to
elect, by giving notice to Aetna, to have all amounts held in the
Fixed Plus Account be subject to the Fixed Plus Account rules
applicable to amounts attributable to Net Contributions made to
the Contract on or after the Contract effective date.
Participants who make the election described in the preceding
sentence will not be entitled to be credited, beginning on the
tenth anniversary of the effective date of their Individual
Account, with an interest rate that is higher than the then
declared rate for Individual Accounts before the tenth
anniversary on any amounts held in the Fixed Plus Account. An
election made pursuant to this provision may not be revoked.
b) For Participants who do not make the election allowed under IV(a)
above, amounts attributable to their balances in the Fixed Plus
Account on the Contract effective date will remain subject to the
rules described in the Contract (without giving effect to Part II
of this endorsement) until such time as they are transferred to
another investment option or withdrawn.
7
<PAGE>
V. In the Annuity Provisions section:
Add the following to the Choices provision:
c) At the request of the Owner, all or any portion of the amount
allocated to a Fund may be transferred from any Fund to any other
allowable Fund. During the Annuity period, the maximum number of
allowable transfers in a calendar year is four. Aetna reserves
the right to change the number of allowable transfers.
Transfer requests must be expressed as a percentage of the
allocation among the Funds of the amount upon which the Variable
Annuity will be based. Aetna may establish a minimum transfer
amount. Transfers will be processed as of the Valuation Date next
following the date when a transfer request is received in good
order at Aetna's Home Office.
Revise paragraph e) under the Choices provision as follows:
a) Once elected, an Annuity option may not be revoked, except for
option 1 when elected on a variable basis.
Replace paragraph a) under Terms of Annuity Options with the following:
No choice of any Annuity option may be made if the first payment
would be less than $50 or if the total payments in a year would
be less than $250.
Replace the last sentence in paragraph b) under Terms of Annuity Options with
the following:
The Annuity rates for options 2 and 3 are based on mortality from
1983 Table a.
Replace the first sentence in the Death Provision with the following:
When an Annuitant dies under options 2 and 3, the present value of
any remaining guaranteed payments will be paid in one sum or
payments will continue at the direction of the Contract Holder, in
accordance with the Plan.
Delete the last paragraph in the Death Provision.
Replace the Annuity Options provision with the following:
Annuity Options:
The Contract Holder may direct Aetna to make payments according to
one of the following options.
Option 1 -- Payments for a Stated Period of Time -- An Annuity
will be paid for 5 to 30 years.
If payments for this option are made under a Variable Annuity,
the present value of any remaining payments may be withdrawn at
any time. If a withdrawal is requested prior to the minimum
number of years specified on Contract Schedule II, it will be
subject to any withdrawal fee, if applicable (see Contract
Schedule I).
Option 2 -- Life Income Based on the Life of the Annuitant -
Payments will be made until the death of the Annuitant. When this
option is chosen, a choice from the following must be made:
a) payments cease at the death of the Annuitant;
b) payments may be guaranteed for 5 - 30 years; or
c) cash refund: if the Annuitant dies, the beneficiary will
receive a lump sum payment equal to the amount applied to the
Annuity option (less any premium tax) less the total amount of
Fixed Annuity payments paid prior to such death. This cash refund
feature is only available if the total amount applied to the
Annuity option is allocated to a Fixed Annuity.
Option 3 - Life Income Based Upon the Lives of Two Annuitants -
An Annuity will be paid during the lives of the Annuitant and a
joint Annuitant. Payments will continue until both Annuitants
have died. When this option is chosen, a choice of the following
must be made:
a) 100% of the payment to continue after the first death;
b) 66-2/3% of the payment to continue after the first death;
c) 50% of the payment to continue after the first death;
d) 100% of the payment to continue after the first death with a
guarantee of 5 - 30 years;
8
<PAGE>
e) 100% of the payment to continue at the death of the second
Annuitant and 50% of the payment to continue at the death of
the Annuitant; or
f) 100% of the payment to continue after the first death with a
cash refund feature. If the Annuitant and joint Annuitant die,
the beneficiary will receive a lump sum payment equal to the
amount applied to the Annuity option (less any premium tax)
less the total amount of Fixed Annuity payments paid prior to
such death. This cash refund feature is only available if the
total amount applied to the Annuity option is allocated to a
Fixed Annuity.
If a Fixed Annuity is chosen under option 1, option 2 a) or b) or
option 3 a) or d), the Participant may elect an annual increase of
one, two or three percent compounded annually.
Other Options -- Aetna may make other options available as allowed
by the laws of the state in which this Contract is delivered.
Replace the tables at the end of the Annuity Provisions section of
the Contract and Certificate with the following tables:
9
<PAGE>
OPTION 1
Payments for a Stated Period of Time
Amount of Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Fixed Annuity with Guaranteed Interest Rate of 3.0%
- --------------------------------------------------------------------------
Monthly Monthly
Years Payment Years Payment
- --------------------------------------------------------------------------
5 17.91 18 5.96
6 15.14 19 5.73
7 13.16 20 5.51
8 11.68 21 5.32
9 10.53 22 5.15
10 9.61 23 4.99
11 8.86 24 4.84
12 8.24 25 4.71
13 7.71 26 4.59
14 7.26 27 4.47
15 6.87 28 4.37
16 6.53 29 4.27
17 6.23 30 4.18
- ------------------------- ------------------------------------------------
10
<PAGE>
OPTION 1
Payments for a Stated Period of Time
Amount of First Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Variable Annuity with Assumed Net Return Rate of 3.5%
- ----------------------------------------------------------------------------
Monthly Monthly
Years Payment Years Payment
- ----------------------------------------------------------------------------
5 18.12 18 6.20
6 15.35 19 5.97
7 13.38 20 5.75
8 11.90 21 5.56
9 10.75 22 5.39
10 9.83 23 5.24
11 9.09 24 5.09
12 8.46 25 4.96
13 7.94 26 4.84
14 7.49 27 4.73
15 7.10 28 4.63
16 6.76 29 4.53
17 6.47 30 4.45
- -----------------------------------------------------------------------------
Rates for a Variable Annuity with Assumed Net Return Rate of 5.0%
- -----------------------------------------------------------------------------
Monthly Monthly
Years Payment Years Payment
- -----------------------------------------------------------------------------
5 18.74 18 6.94
6 15.99 19 6.71
7 14.02 20 6.51
8 12.56 21 6.33
9 11.42 22 6.17
10 10.51 23 6.02
11 9.77 24 5.88
12 9.16 25 5.76
13 8.64 26 5.65
14 8.20 27 5.54
15 7.82 28 5.45
16 7.49 29 5.36
17 7.20 30 5.28
- -----------------------------------------------------------------------------
11
<PAGE>
OPTION 2
Life Income
Amount of Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Fixed Annuity with Guaranteed Interest Rate of 3.0%
Payments Guaranteed for a Stated Period of Years
<TABLE>
<CAPTION>
- ---------------------------------------------------------------------------------------------
Adjusted
Age of None 5 10 15 20 Cash
Annuitant Refund
- ---------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C>
50 $ 4.05 $ 4.05 $ 4.03 $ 3.99 $ 3.93 $ 3.89
51 4.12 4.11 4.09 4.05 3.99 3.94
52 4.19 4.19 4.16 4.11 4.04 4.00
53 4.27 4.26 4.23 4.18 4.10 4.06
54 4.35 4.34 4.31 4.25 4.16 4.12
55 4.44 4.42 4.39 4.32 4.22 4.19
56 4.53 4.51 4.47 4.40 4.29 4.26
57 4.62 4.61 4.56 4.48 4.35 4.33
58 4.72 4.71 4.65 4.56 4.42 4.41
59 4.83 4.81 4.75 4.64 4.49 4.49
60 4.95 4.93 4.86 4.73 4.55 4.57
61 5.07 5.05 4.97 4.83 4.62 4.66
62 5.20 5.17 5.08 4.92 4.69 4.76
63 5.34 5.31 5.20 5.02 4.76 4.85
64 5.49 5.45 5.33 5.12 4.83 4.96
65 5.65 5.61 5.47 5.22 4.89 5.06
66 5.82 5.77 5.61 5.33 4.96 5.18
67 6.01 5.94 5.75 5.44 5.02 5.30
68 6.20 6.13 5.91 5.54 5.08 5.42
69 6.41 6.33 6.07 5.65 5.14 5.56
70 6.64 6.54 6.23 5.76 5.19 5.70
71 6.88 6.76 6.41 5.86 5.24 5.84
72 7.14 7.00 6.59 5.97 5.28 6.00
73 7.43 7.26 6.77 6.06 5.32 6.16
74 7.73 7.53 6.96 6.16 5.35 6.33
75 8.06 7.82 7.14 6.25 5.38 6.51
- ---------------------------------------------------------------------------------------------
</TABLE>
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
12
<PAGE>
OPTION 2
Life Income
Amount of First Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Variable Annuity with Assumed Net Return Rate of 3.5%
Payments Guaranteed for a Stated Period of Years
- --------------------------------------------------------------------------------
Adjusted
Age of None 5 10 15 20
Annuitant
- -------------------- ------------------- ------------------- -------------------
50 $ 4.34 $ 4.34 $ 4.31 $ 4.27 $ 4.22
51 4.41 4.40 4.38 4.33 4.27
52 4.48 4.47 4.45 4.40 4.32
53 4.56 4.55 4.52 4.46 4.38
54 4.64 4.63 4.59 4.53 4.44
55 4.72 4.71 4.67 4.60 4.50
56 4.81 4.80 4.75 4.67 4.56
57 4.91 4.89 4.84 4.75 4.62
58 5.01 4.99 4.93 4.83 4.69
59 5.12 5.10 5.03 4.92 4.75
60 5.23 5.21 5.13 5.00 4.82
61 5.36 5.33 5.24 5.09 4.88
62 5.49 5.45 5.35 5.19 4.95
63 5.63 5.59 5.47 5.28 5.02
64 5.78 5.73 5.60 5.38 5.08
65 5.94 5.89 5.73 5.48 5.15
66 6.11 6.05 5.87 5.58 5.21
67 6.29 6.22 6.02 5.69 5.27
68 6.49 6.41 6.17 5.79 5.33
69 6.70 6.60 6.33 5.90 5.38
70 6.92 6.81 6.49 6.00 5.43
71 7.17 7.04 6.66 6.10 5.48
72 7.43 7.27 6.84 6.20 5.52
73 7.71 7.53 7.02 6.30 5.55
74 8.02 7.80 7.20 6.39 5.59
75 8.35 8.08 7.38 6.48 5.62
- -------------------- ------------------- ------------------- -------------------
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
13
<PAGE>
OPTION 2
Life Income
Amount of First Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Variable Annuity with Assumed Net Return Rate of 5.0%
Payments Guaranteed for a Stated Period of Years
<TABLE>
<CAPTION>
- --------------------------------------------------------------------------------
Adjusted
Age of None 5 10 15 20
Annuitant
- -------------------- ------------------- ------------------- -------------------
<S> <C> <C> <C> <C> <C>
50 $ 5.26 $ 5.25 $ 5.22 $ 5.17 $ 5.11
51 5.33 5.32 5.28 5.23 5.15
52 5.40 5.38 5.34 5.29 5.20
53 5.47 5.45 5.41 5.35 5.26
54 5.54 5.53 5.48 5.41 5.31
55 5.63 5.61 5.56 5.47 5.36
56 5.71 5.69 5.63 5.54 5.42
57 5.80 5.78 5.72 5.61 5.47
58 5.90 5.88 5.81 5.69 5.53
59 6.01 5.98 5.90 5.77 5.59
60 6.12 6.09 6.00 5.85 5.65
61 6.24 6.21 6.10 5.93 5.71
62 6.37 6.33 6.21 6.02 5.77
63 6.51 6.46 6.33 6.11 5.83
64 6.66 6.60 6.45 6.20 5.89
65 6.82 6.75 6.57 6.30 5.95
66 6.99 6.91 6.71 6.39 6.01
67 7.17 7.08 6.85 6.49 6.06
68 7.36 7.27 6.99 6.59 6.12
69 7.57 7.46 7.15 6.69 6.17
70 7.80 7.67 7.30 6.78 6.21
71 8.05 7.89 7.47 6.88 6.25
72 8.31 8.13 7.64 6.97 6.29
73 8.59 8.38 7.81 7.06 6.33
74 8.90 8.64 7.99 7.15 6.36
75 9.23 8.93 8.16 7.23 6.38
- -------------------- ------------------- ------------------- -------------------
</TABLE>
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
14
<PAGE>
OPTION 3
Life Income for Two Annuitants
Amount of Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Fixed Annuity with Guaranteed Interest Rate of 3.0%
<TABLE>
<CAPTION>
- ------------------------------------- ------------------------------------------------ -----------
Adjusted Ages Option 3d
- --------------------
Annuitant Second Option 3a Option 3b Option 3c 10 Years Option 3e Option 3f
Annuitant Guaranteed
- -------------------- ----------- ----------- ----------- ------------ ----------- -----------
<S> <C> <C> <C> <C> <C> <C> <C>
55 50 $ 3.69 $ 4.05 $ 4.27 $ 3.69 $ 4.03 $ 3.69
55 55 3.88 4.25 4.47 3.87 4.14 3.87
55 60 3.99 4.44 4.71 3.98 4.20 3.98
60 55 3.99 4.44 4.71 3.98 4.42 3.98
60 60 4.24 4.71 4.99 4.23 4.57 4.23
60 65 4.38 4.97 5.32 4.38 4.65 4.38
65 60 4.38 4.97 5.32 4.38 4.93 4.38
65 65 4.72 5.33 5.70 4.71 5.14 4.72
65 70 4.93 5.68 6.15 4.91 5.27 4.91
70 65 4.93 5.68 6.15 4.91 5.66 4.91
70 70 5.40 6.21 6.70 5.36 5.96 5.38
70 75 5.69 6.68 7.32 5.62 6.13 5.66
75 70 5.69 6.68 7.32 5.62 6.67 5.66
75 75 6.37 7.45 8.15 6.23 7.12 6.33
75 80 6.78 8.11 8.99 6.54 7.36 6.71
- -------------------- ----------- ----------- ----------- ------------ ----------- -----------
</TABLE>
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
15
<PAGE>
OPTION 3
Life Income for Two Annuitants
Amount of First Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Variable Annuity with Assumed Net Return Rate of 3.5%
<TABLE>
<CAPTION>
- ---------------------------------------------------------------------------------------
Adjusted Ages Option 3d
- -------------- --------------
Annuitant Second Option 3a Option 3b Option 3c 10 Years Option 3e
Annuitant Guaranteed
- -------------------- ----------- ----------- ----------- ------------ ------------
<S> <C> <C> <C> <C> <C> <C>
55 50 $ 3.97 $ 4.35 $ 4.56 $ 3.97 $ 4.31
55 55 4.16 4.54 4.76 4.15 4.42
55 60 4.27 4.73 5.00 4.26 4.48
60 55 4.27 4.73 5.00 4.26 4.70
60 60 4.51 4.99 5.27 4.50 4.84
60 65 4.66 5.25 5.61 4.65 4.93
65 60 4.66 5.25 5.61 4.65 5.22
65 65 4.99 5.61 5.99 4.98 5.42
65 70 5.19 5.97 6.44 5.17 5.54
70 65 5.19 5.97 6.44 5.17 5.93
70 70 5.67 6.49 6.99 5.62 6.23
70 75 5.95 6.96 7.61 5.87 6.40
75 70 5.95 6.96 7.61 5.87 6.95
75 75 6.64 7.73 8.43 6.48 7.40
75 80 7.04 8.39 9.29 6.79 7.64
- -------------------- ----------- ----------- ----------- ------------ ------------
</TABLE>
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
16
<PAGE>
OPTION 3
Life Income for Two Annuitants
Amount of First Monthly Payment for Each $1,000
After Deduction of any Charge for Premium Taxes
Rates for a Variable Annuity with Assumed Net Return Rate of 5.0%
- --------------------------------------------------------------------------------
Adjusted Ages Option 3d
- ----------------------
Annuitant Second Option 3a Option 3b Option 3c 10 Years Option 3e
Annuitant Guaranteed
- ------------------- ---------- --------- --------- ---------- -------
55 50 $ 4.88 $ 5.26 $ 5.48 $ 4.88 $ 5.23
55 55 5.04 5.44 5.66 5.04 5.32
55 60 5.15 5.63 5.91 5.14 5.38
60 55 5.15 5.63 5.91 5.14 5.59
60 60 5.37 5.87 6.16 5.37 5.72
60 65 5.52 6.14 6.51 5.51 5.80
65 60 5.52 6.14 6.51 5.51 6.10
65 65 5.83 6.49 6.87 5.82 6.29
65 70 6.04 6.84 7.34 6.00 6.41
70 65 6.04 6.84 7.34 6.00 6.81
70 70 6.49 7.35 7.87 6.44 7.08
70 75 6.77 7.84 8.51 6.68 7.25
75 70 6.77 7.84 8.51 6.68 7.81
75 75 7.45 8.60 9.33 7.27 8.25
75 80 7.86 9.28 10.20 7.57 8.49
- -------------------- ----------- --------- ---------- ---------- ------
Rates are based on mortality from 1983 Table a. The rates do not differ by sex.
Rates for ages not shown will be provided on request and will be computed
on a basis consistent with the rates in the above tables.
17
<PAGE>
Endorsed and made a part of the Contract and Certificate on the effective date
of the Contract.
/s/ Thomas J. McInerney
Thomas J. McInerney, President
18
EX-99-B.4.23
Aetna Life Insurance and Annuity Company
FORM OF ENDORSEMENT
The Contract and Certificate are hereby endorsed as follows.
In the section of the Contract entitled Transfer(s), replace paragraph 5 with
the paragraph below:
During each rolling twelve (12) month period, up to 20% of the Current Value
held in the Fixed Plus Account may be transferred to one or more of the
Fund(s), and/or the GA Account's then-current Deposit Period. The 20% limit
is reduced by any partial withdrawals, transfers, loans or amounts used to
purchase an Annuity during the twelve (12) month period. Aetna reserves
the right to include amounts paid under ECO and SWO provisions for
purposes of applying this 20% limit. This limit is waived when the balance
in the Fixed Plus Account is $1,000 or less on the date the Transfer request
is received in good order at Aetna's Home Office.
Endorsed and made a part of the Contract and the Certificate on the effective
date of the Contract and Certificate.
/s/ Thomas J. McInerney
Thomas J. McInerney, President
1
ETRAN98
EX-99-B.4.24
FORM OF Contract Schedule I
Level [A]
Accumulation Period
Separate Account
- --------------------------------------------------------------------------------
Separate Account:
Variable Annuity Account C
Charges to Separate Account:
A daily charge is deducted from any portion of the Current Value
allocated to the Separate Account. The charge is determined by the
expenses of administration and the value of total assets held by
Aetna under this Contract and other Aetna contracts of the same
class, on each anniversary date of this Contract. The daily charge
for Annuity mortality and expense risk and profit (M & E) will be
adjusted (up or down) no less often than annually to reflect changes
in the Current Value of all Plan Accounts. The charge will include a
daily administrative charge which will not exceed [0.25%] on an
annual basis.
Total Assets M & E Administrative Charge
(annual effective rate) (annual effective rate)
-----------------------------------------------------------------------------
Less than $ 500,000 1.25% 0.25%
500,000 - 1,000,000 1.25% 0.25%
1,000,001 - 5,000,000 1.25% 0.25%
5,000,001 - 15,000,000 1.25% 0.25%
Greater than 15,000,000 1.25% 0.25%
Initial charges will be based on Aetna's estimated expenses of
administration and year end asset level for the Contract Holder.
Fixed Plus Account
- -------------------------------------------------------------------------------
Minimum Guaranteed Interest Rate:
[3%] (effective annual rate of return).
Beginning on the [tenth] anniversary of the effective date of an
Individual Account, Aetna will credit amounts with an interest rate
that is at least [0.25%] higher than the then declared interest rate
for Individual Accounts before the tenth anniversary.
Partial Withdrawal:
The [20%] annual limit applicable to a partial withdrawal from the
Fixed Plus Accounts will be waived when the withdrawal is:
a) due to the Participant's death (within [six (6)] months of the
Participant's date of death), before Annuity benefit payments b
begin; or
b) used to purchase Annuity benefits.
<PAGE>
Full Withdrawal:
The Payment of Fixed Plus Account Full Withdrawal provision will be
waived when the withdrawal is:
a) Due to the Participant's death before Annuity payments begin and
request for payment is received within six (6) months after the
Participant's date of death;
b) Used to purchase Annuity benefits; or
c) When the amount in the Fixed Plus Account is $3,500 or less and
no amount has been surrendered, transferred, taken as a loan or
used to purchase Annuity benefits during the prior 12 months.
Guaranteed Accumulation Account (GA Account)
- -------------------------------------------------------------------------------
Minimum Guaranteed Interest Rate:
[3%] (effective annual rate of return).
Separate Account and GA Account
- ------------------------------------------------------------------------------
Withdrawal Fee:
Length of Time from Individual
Account(s) Effective Date (Years) Withdrawal Fee
Fewer than 5 5%
5 or more, but fewer than 7 5%
7 or more, but fewer than 9 5%
9 or more, but fewer than 10 5%
10 or more 5%
The withdrawal fee will not be deducted from any portion of the
Individual Account(s) Current Value which is paid:
[bullet] Due to the Participant's death before Annuity payments begin;
[bullet] Used to purchase Annuity benefits;
[bullet] Due to the election of the Estate Conservation Option (ECO) or
the Systematic Withdrawal Option (SWO) (see Section IV);
[bullet] In an amount equal to or less than [10%] of the Individual
Account Current Value, as part of the first partial withdrawal
request in a calendar year to a Participant who is at least age
59-1/2 and less than 70-1/2. The Individual Account Current
Value is calculated as of the date the partial withdrawal
request is received in good order at Aetna's Home Office. Any
outstanding loans from the Individual Account are excluded when
calculating the Individual Account Current Value. This
provision does not apply to partial withdrawal due to loan
defaults made from the Individual Account and does not apply to
full withdrawal requests. This provision may not be exercised
if SWO is elected;
[bullet] When the Individual Account(s) Current Value is [$3,500] or
less and no amount has been withdrawn, taken as a loan or used
to purchase Annuity benefits during the prior [12] months;
[bullet] To relieve a Participant's "financial hardship," as may be
allowed for annuity contracts under Section 403(b) of the Code
or other applicable Internal Revenue Service rules or
regulations; or
[bullet] On account of a Participant's separation from service. The
Contract Holder must submit documentation satisfactory to Aetna
to confirm that the Participant is no longer providing services
to the employer.
<PAGE>
[bullet] Due to a transfer of the Individual Account Current Value to
another retirement product offered by the Company under the
Contract Holder's Plan under various conditions as agreed to by
us and by the Contract Holder in writing.
The withdrawal fee will never exceed 8-1/2% of the total
Contributions made to the Individual Account.
Separate Account, GA Account and Fixed Plus Account
- -------------------------------------------------------------------------------
Transfers:
An [unlimited] number of Transfers may be made during the
Accumulation Period.
Maintenance Fee:
An annual Maintenance Fee may be charged, as determined by the
[expenses of administration and the] value of total assets held by
Aetna under this Contract and other Aetna contracts of the same
class, on each anniversary date of this Contract. The Maintenance
Fee may go up or down each year. Where applicable, the Maintenance
Fee will be charged for each Participant in the Contract.
Total Assets Maintenance Fee
--------------------------------------- --------------------
Less than $500,000 $25.00
500,000 - 1,000,000 $25.00
1,000,001 - 5,000,000 $25.00
5,000,001 - 15,000,000 $25.00
Greater than 15,000,000 $25.00
Initial charges will be based on Aetna's estimated [expenses of
administration and estimated] year end asset level for the Contract
Holder.
Systematic Withdrawal Option (SWO):
The Specified Payment or Specified Percentage may not be greater
than [20%] of the Individual Account's Current Value at the time of
election. The Specified Period may not be less than [5] years.
Loan Interest Rate:
a) Plans subject to ERISA: a Loan Interest Rate is set on the first
business day of each month. For each loan, the initial Loan
Interest Rate is equal to the Monthly Average Corporates for the
calendar month beginning two months before the calendar month in
which the Loan Effective Date occurs. The initial Loan Interest
Rate is effective for a period of not less than three months and
not more than one year. The period is specified in the loan
agreement. For each period, the Loan Interest Rate is adjusted if
the new rate is at least [0.5%] higher or lower than the previous
rate. The Participant will receive reasonable notification of any
change to the Loan Interest Rate.
b) Plans not subject to ERISA: [6%] on an annual basis.
See Section I. - DEFINITIONS for explanations.
EX-99-B.4.25
FORM OF Contract Schedule I
Level [A]
Accumulation Period
Separate Account
- --------------------------------------------------------------------------------
Separate Account:
Variable Annuity Account C
Charges to Separate Account:
A daily charge is deducted from any portion of the Current Value
allocated to the Separate Account. The charge is determined by the
expenses of administration and the value of total assets held by
Aetna under this Contract and other Aetna contracts of the same
class, on each anniversary date of this Contract. The daily charge
for Annuity mortality and expense risk and profit (M & E) will be
adjusted (up or down) no less often than annually to reflect changes
in the Current Value of all Plan accounts. The charge will include a
daily administrative charge which will not exceed [0.25%] on an
annual basis.
Total Assets M & E Administrative Charge
(annual effective rate) (annual effective rate)
----------------------------------------------------------------------------
Less than $ 500,000 1.25% 0.25%
500,000 - 1,000,000 1.25% 0.25%
1,000,001 - 5,000,000 1.25% 0.25%
5,000,001 - 15,000,000 1.25% 0.25%
Greater than 15,000,000 1.25% 0.25%
Initial charges will be based on Aetna's estimated expenses of
administration and year end asset level for the Contract Holder.
Fixed Plus Account
- -------------------------------------------------------------------------------
Minimum Guaranteed Interest Rate:
[3%] (effective annual rate of return).
Beginning on the [tenth] anniversary of the effective date of an
Individual Account, Aetna will credit amounts with an interest rate
that is at least [0.25%] higher than the then declared interest rate
for Individual Accounts before the [tenth] anniversary.
Partial Withdrawal:
The [20%] annual limit applicable to a partial withdrawal from the
Fixed Plus Account will be waived when the withdrawal is:
a) Due to the Participant's death (within [six (6)] months of the
Participant's date of death), before Annuity benefit payments
begin; or
b) Used to purchase Annuity benefits.
1
<PAGE>
Full Withdrawal:
The Payment of Fixed Plus Account Full Withdrawal provision will be
waived when the withdrawal is:
a) Due to the Participant's death before Annuity payments begin and
request for payment is received within six (6) months after the
Participant's date of death;
b) Used to purchase Annuity benefits; or
c) When the amount in the Fixed Plus Account is $3,500 or less and
no amount has been surrendered, transferred, taken as a loan or
used to purchase Annuity benefits during the prior 12 months.
Guaranteed Accumulation Account (GA Account)
- -------------------------------------------------------------------------------
Minimum Guaranteed Interest Rate:
[3%] (effective annual rate of return).
Separate Account and GA Account
- -------------------------------------------------------------------------------
Withdrawal Fee:
Length of Time from Individual
Account(s) Effective Date (Years) Withdrawal Fee
Fewer than 5 5%
5 or more, but fewer than 7 5%
7 or more, but fewer than 9 5%
9 or more, but fewer than 10 5%
10 or more 5%
The Withdrawal Fee will not be deducted from any portion of the
Individual Account(s) Current Value which is paid:
[bullet] Due to the Participant's death before Annuity payments
begin;
[bullet] Used to purchase Annuity benefits;
[bullet] Due to the election of the Estate Conservation Option (ECO)
or the Systematic Withdrawal Option (SWO) (see Section IV);
[bullet] In an amount equal to or less than [10%] of the Individual
Account(s) Current Value, as part of the first partial
withdrawal request in a calendar year to a Participant who
is at least age 59-1/2 and less than 70-1/2. The Individual
Account(s)Current Value is calculated as of the date the
partial withdrawal request is received in good order at
Aetna's Home Office. Any outstanding loans from the
Individual Account(s) are excluded when calculating the
Individual Account(s) Current Value. This provision does
not apply to partial withdrawal due to loan defaults made
from the Individual Account(s) and does not apply to full
withdrawal requests. This provision may not be exercised if
SWO is elected;
[bullet] When the Individual Account(s) Current Value is [$3,500] or
less and no amount has been withdrawn, taken as a loan or
used to purchase Annuity benefits during the prior [12]
months;
2
<PAGE>
[bullet] To relieve a Participant's "financial hardship," as may be
allowed for annuity contracts under Section 403(b) of the
Code or other applicable Internal Revenue Service rules or
regulations; or
[bullet] On account of a Participant's separation from service. The
Participant must submit documentation satisfactory to Aetna
to confirm that the he/she is no longer providing services
to the employer.
[bullet] Due to a transfer of the Individual Account Current Value
to another retirement product offered by the Company under
the Contract Holder's Plan under various conditions as
agreed to by us and by the Contract Holder in writing.
The withdrawal fee will never exceed 8.5% of the total Contributions
made to the Individual Account(s).
Separate Account, GA Account and Fixed Plus Account
- -------------------------------------------------------------------------------
Transfers:
An unlimited number of Transfers may be made during the Accumulation
Period.
Maintenance Fee:
An annual Maintenance Fee may be charged, as determined by the
[expenses of administration and the] value of total assets held by
Aetna under this Contract and other Aetna contracts of the same
class, on each anniversary date of this Contract. The Maintenance
Fee may go up or down each year. Where applicable, the Maintenance
Fee will be charged for each Participant in the Contract.
Total Assets Maintenance Fee
-----------------------------------------------------------
Less than $500,000 $25.00
500,000 - 1,000,000 $25.00
1,000,001 - 5,000,000 $25.00
5,000,001 - 15,000,000 $25.00
Greater than 15,000,000 $25.00
Initial charges will be based on Aetna's estimated [expenses of
administration and estimated] year end asset level for the Contract
Holder.
Systematic Withdrawal Option (SWO):
The Specified Payment or Specified Percentage may not be greater
than [20%] of the Individual Account's Current Value at the time of
election. The Specified Period may not be less than [5] years.
3
<PAGE>
Loan Interest Rate:
a) Plans subject to Title I of the Employee Retirement Income
Security Act of 1974 (ERISA): A Loan Interest Rate is set on the
first business day of each month. For each loan, the initial Loan
Interest Rate is equal to the Monthly Average Corporates for the
calendar month beginning two months before the calendar month in
which the Loan Effective Date occurs. The initial Loan Interest
Rate is effective for a period of not less than three months and
not more than one year. The period is specified in the loan
agreement. For each period, the Loan Interest Rate is adjusted if
the new rate is at least [0.5%] higher or lower than the previous
rate. The Participant will receive reasonable notification of any
change to the Loan Interest Rate.
b) Plans not subject to ERISA: [6%] on an annual basis.
See Section I. - DEFINITIONS for explanations.
4
[Aetna Logo] 151 Farmington Avenue
[Aetna Letterhead] Hartford, CT 06156
October 30, 1997 Julie E. Rockmore
Counsel
Law Division, RE4A
Investments & Financial Services
(860) 273-4686
Fax: (860) 273-8340
Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, DC 20549
Re: Aetna Life Insurance and Annuity Company and its Variable
Annuity Account C
Post-Effective Amendment No. 7 to Registration Statement on
Form N-4
Prospectus Title: Aetna Plus - Retirement Plus and Voluntary
Tax-Deferred Annuity Plans
File Nos.: 333-01107 and 811-2513
Dear Sir or Madam:
The undersigned serves as counsel to Aetna Life Insurance and Annuity Company, a
Connecticut life insurance company (the "Company"). It is my understanding that
the Company, as depositor, has registered an indefinite amount of securities
(the "Securities") under the Securities Act of 1933 (the "Securities Act") as
provided in Rule 24f-2 under the Investment Company Act of 1940 (the "Investment
Company Act").
In connection with this opinion, I have reviewed the N-4 Registration Statement,
as amended to the date hereof, and this Post-Effective Amendment No. 7. I have
also examined originals or copies, certified or otherwise identified to my
satisfaction, of such documents, trust records and other instruments I have
deemed necessary or appropriate for the purpose of rendering this opinion. For
purposes of such examination, I have assumed the genuineness of all signatures
on original documents and the conformity to the original of all copies.
I am admitted to practice law in Connecticut, and do not purport to be an expert
on the laws of any other state. My opinion herein as to any other law is based
upon a limited inquiry thereof which I have deemed appropriate under the
circumstances.
<PAGE>
Based upon the foregoing, and, assuming the Securities are sold in accordance
with the provisions of the prospectus, I am of the opinion that the Securities
being registered will be legally issued and will represent binding obligations
of the Company.
I consent to the filing of this opinion as an exhibit to the Registration
Statement.
Sincerely,
/s/ Julie E. Rockmore
- ---------------------
Julie E. Rockmore
Consent of Independent Auditors
The Board of Directors of Aetna Life Insurance and Annuity Company and
Contractholders of Aetna Variable Annuity Account C:
We consent to the incorporation by reference into Registration Statement
(No. 333-01107) on Form N-4 our reports dated February 7, 1997 and February 14,
1997.
/s/ KPMG Peat Marwick LLP
Hartford, Connecticut
October 30, 1997
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<NAME> VARIABLE ANNUITY ACCOUNT C
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