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Exhibit 4(ii)(h)
Optional Enhanced Death Benefit Rider NY5141
GE CAPITAL LIFE ASSURANCE COMPANY OF NEW YORK
OPTIONAL ENHANCED DEATH BENEFIT RIDER
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This rider provides for an optional enhanced death benefit which is added to the
Death Benefit payable under your Contract or Policy. For the purposes of this
rider, the term Contract Value will also refer to Account Value, if that term is
used in your Contract or Policy.
Enhanced Death Benefit
Enhanced death benefit if the Annuitant is, or both the Annuitant and Joint
Annuitant are, age 70 or younger at issue: The enhanced death benefit is equal
to 40% of (a) minus (b), where:
(a) is the Contract Value as of the date of death; and
(b) is the sum of premiums paid and not previously withdrawn or
surrendered.
The enhanced death benefit cannot exceed 70% of premiums paid as adjusted for
withdrawals or partial surrenders. The enhanced death benefit will never be less
than zero.
Enhanced death benefit if the Annuitant, or the Joint Annuitant if applicable,
is older than age 70 at issue: The enhanced death benefit is equal to 25% of (a)
minus (b), where:
(a) is the Contract Value as of the date of death; and
(b) is the sum of premiums paid and not previously withdrawn or
surrendered.
The enhanced death benefit cannot exceed 40% of premiums paid as adjusted for
withdrawals or partial surrenders. The enhanced death benefit will never be less
than zero.
Under both age scenarios listed above, withdrawals or partial surrenders are
taken first from gain. For purposes of this rider, gain is calculated as (a)
plus (b) minus (c) minus (d), but not less than zero where:
(a) is the Contract Value on the date we receive your withdrawal or
surrender request;
(b) is the total of any withdrawals or surrenders, excluding surrender
charges, previously taken;
(c) is the total of premiums paid; and
(d) is the total of any gain previously withdrawn.
An example of the adjustment for withdrawals is as follows:
Date Amount Category
June 30, 2001 $100,000 Premiums Paid
June 30, 2003 $120,000 Contract Value before Withdrawal
June 30, 2003 $ 8,000 Enhanced Death Benefit before Withdrawal
June 30, 2003 $ 20,000 Gain before Withdrawal
June 30, 2003 $ 12,000 Withdrawal
This example assumes that: (I) death occurs on June 30, 2003; (ii) due proof of
death was provided on June 30, 2003; (iii) no other withdrawals occurred; (iv)
the Annuitant and any Joint Annuitant were both age 70 or younger at issue; (v)
no surrender charge applies; and (vi) no premium tax applies to the withdrawal.
This example is based on purely hypothetical values and is not intended to
depict investment performance of your Contract or Policy.
Annual Enhanced Death Benefit Charge
There will be a charge made for this rider for each period it is in effect. This
charge is made in arrears at the beginning of each Contract or Policy year after
the first, and at surrender. The charge is made against the average of the
Contract Value at the beginning of the previous Contract or Policy year and the
Contract Value at surrender. This charge will be deducted
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proportionally from the Subaccounts or Investment Subdivisions in which you are
invested. The maximum annual charge will be the rate shown on the Contract or
Policy data pages times the average Contract Value, as described above. The
actual charge will never be greater than the maximum annual charge. The charge
at surrender will be a pro rata portion of the annual charge.
If the Contract Value in the Separate Account is insufficient to cover the
annual death benefit charge, then the deduction will be made first from the
Contract Value in the Separate Account. The excess of the charges over the
Contract Value in the Separate Account will then be deducted from the Contract
Value in the Guarantee Account. Deductions from the Guarantee Account will be
taken from the amounts which have been in the Guarantee Account or the longest
period of time.
When this Rider is Effective
This rider becomes effective on the Contract Date or Policy Date. It will remain
in effect while this Contract or Policy is in force and before Income Payments
begin. This rider cannot otherwise be terminated.
For GE Capital Life Assurance Company of New York,
/s/ CHERYL C. WHALEY
Cheryl C. Whaley
President
