Registration No. 33-89510
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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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POST-EFFECTIVE AMENDMENT NO. 9 TO
FORM S-3
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
(Exact name of registrant as specified in its charter)
NEW YORK
(State or other jurisdiction of incorporation or organization)
13-5570651
(I.R.S. Employer Identification No.)
1290 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK 10104
(212) 554-1234
(Address, including zip code, and telephone number,
including area code, of registrant's
principal executive offices)
DODIE KENT
ASSISTANT VICE PRESIDENT AND COUNSEL
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
1290 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK 10104
(212) 554-1234
(Name, address, including zip code, and telephone number, including area code,
of agent for service)
Please send copies of all communications to:
PETER E. PANARITES
FREEDMAN, LEVY, KROLL & SIMONDS
1050 CONNECTICUT AVENUE, N.W., SUITE 825
WASHINGTON, D.C. 20036
(202) 457-5100
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NOTE
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This Post-Effective Amendment No. 9 ("PEA") to the Form S-3 Registration
Statement No. 33-89510 ("Registration Statement") of The Equitable Life
Assurance Society of the United States ("Equitable Life") is being filed solely
for the purpose of including in the Registration Statement the
additions/modifications reflected in the supplement. The PEA does not otherwise
amend or delete the Equitable EQUI-VEST Prospectuses, dated May 1, 2000, or
otherwise amend or delete any other part of the Registration Statement.
Parts I and II of Post-Effective Amendment No. 8 to the Form S-3
Registration Statement (File No. 33-89510) filed with the Commission on April
27, 2000, are incorporated by reference herein.
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THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES -- SUPPLEMENT DATED
SEPTEMBER 1, 2000, TO PROSPECTUSES AND STATEMENTS OF ADDITIONAL INFORMATION
("SAIS") FOR:
EQUI-VEST(R) EQUI-VEST(R) EMPLOYER SPONSORED EQUI-VEST EXPRESS(SM)
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This supplement modifies certain information in the above-referenced
prospectuses and SAIs, as supplemented to date (together, the "Prospectuses").
Unless otherwise indicated, all other information included in the Prospectuses
remains unchanged. The terms and section headings we use in this supplement have
the same meaning as in the Prospectuses.
1. NEW VARIABLE INVESTMENT OPTIONS:
The following is added to the Prospectus under "Fee table":
A. We anticipate making available the variable investment options
described below on or about October 23, 2000, subject to regulatory
approval.
<TABLE>
<CAPTION>
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VARIABLE OBJECTIVE INVESTMENT MANAGEMENT 12B-1 OTHER EXPENSES(4) TOTAL
INVESTMENT ADVISOR (1) FEE(2) FEE(3) (AFTER EXPENSE ANNUAL
OPTION LIMITATION) EXPENSES
(5)
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<S> <C> <C> <C> <C> <C> <C>
EQ/JANUS LONG-TERM GROWTH IN A JANUS CAPITAL 0.90% 0.25% 0.00% 1.15%
LARGE CAP MANNER THAT IS CORPORATION
GROWTH CONSISTENT WITH
PRESERVATION OF CAPITAL
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FI MID CAP LONG-TERM GROWTH OF FIDELITY 0.70% 0.25% 0.05% 1.00%
CAPITAL MANAGEMENT &
RESEARCH
COMPANY
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EQ/AXP NEW LONG-TERM GROWTH OF AMERICAN 0.65% 0.25% 0.05% 0.95%
DIMENSIONS CAPITAL EXPRESS
FINANCIAL
CORPORATION
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EQ/AXP LONG-TERM GROWTH OF AMERICAN 0.70% 0.25% 0.05% 1.00%
STRATEGY CAPITAL EXPRESS
AGGRESSIVE FINANCIAL
CORPORATION
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</TABLE>
(1) The investment results you achieve in any one of these variable investment
options will depend on the investment performance of the corresponding
portfolio of the EQ Advisors Trust that shares the same name as that
option. The advisor shown is the advisor who makes the investment decisions
for the portfolio.
(2) The management fee for each portfolio cannot be increased without a vote of
each portfolio's shareholders.
(3) Portfolio shares are all subject to fees imposed under the distribution
plan (the "Rule 12b-1 Plan") adopted by EQ Advisors Trust pursuant to
Rule 12b-1 under the Investment Company Act of 1940. The 12b-1 fee will not
be increased for the life of the contracts.
(4) The amounts shown as "Other Expenses" will fluctuate from year to year
depending on actual expenses. See footnote (5) for any expense limitation
agreements.
(5) Equitable Life, EQ Advisors Trust's manager, has entered into an Expense
Limitation Agreement with respect to these Portfolios that will begin on or
about September 1, 2000 and end on August 30, 2001. Under this agreement,
Equitable Life has agreed to waive or limit its fees and assume other
expenses of each of these Portfolios, if necessary, in an amount that
limits each Portfolio's Total Annual Expenses (exclusive of interest,
taxes, brokerage commissions, capitalized expenditures and extraordinary
expenses) to not more than the amounts specified above under Total Annual
Expenses. Each of these Portfolios will commence operations on or about
September 1, 2000 and we have estimated that absent the expense limitation,
the "Other Expenses" for 2000 on an annualized basis for each of the
portfolios would be: .10% for EQ/Janus Large Cap Growth; and .09% for FI
Mid Cap, EQ/AXP Strategy Aggressive and EQ/AXP New Dimensions. Each
portfolio may at a later date make a reimbursement to Equitable Life for
any of the management fees waived or limited and other expenses assumed and
paid by Equitable Life pursuant to the expense limitation agreement
provided that, among other things, such portfolio has reached sufficient
size to permit such reimbursement to be made and provided that the
portfolio's current annual operating expenses do not exceed the operating
expense limit determined for such portfolio. For more information, see the
prospectus for EQ Advisors Trust.
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B. EXAMPLES WITH RESPECT TO THE NEW VARIABLE INVESTMENT OPTIONS:
The examples below show the expenses that a hypothetical contract owner or
participant would pay in the situations illustrated. We assume that a
$1,000 contribution is invested in one of the variable investment options
listed and a 5% annual return is earned on the assets in that option. (1)
We have also assumed that any available optional ratcheted death benefit is
not elected. Other than as indicated in the next sentence, the charges used
in the examples are the maximum aggregate charges that can apply under any
contract to which this Supplement relates. The annual administrative charge
is based on the charges that apply to a mix of estimated contract sizes,
resulting in an estimated administrative charge for the purpose of these
examples of $0.51 per $1,000. Please note that the charges that would apply
under your contract may be lower if: (i) Your contract does not have an
annual administrative charge; or (ii) the current charges under your
contract are lower than the maximum charges used in the examples below.
These examples should not be considered a representation of past or future
expenses for each option. Actual expenses may be greater or less than those
shown. Similarly, the annual rate of return assumed in the examples is not
an estimate or guarantee of future investment performance.
<TABLE>
<CAPTION>
IF YOU SURRENDER YOUR CONTRACT AT THE 1 YEAR 3 YEARS 5 YEARS 10 YEARS
END OF EACH PERIOD SHOWN THE EXPENSES ------ ------- ------- --------
WOULD BE:
<S> <C> <C> <C> <C>
EQ/Janus Large Cap Growth $ 103.59 $ 159.15 $ 232.15 $ 361.85
FI Mid Cap $ 102.02 $ 154.76 $ 224.99 $ 347.38
EQ/AXP New Dimensions $ 101.49 $ 153.30 $ 222.60 $ 342.51
EQ/AXP Strategy Aggressive $ 102.02 $ 154.76 $ 224.99 $ 347.38
IF YOU DO NOT SURRENDER YOUR CONTRACT 1 YEAR 3 YEARS 5 YEARS 10 YEARS
AT THE END OF EACH PERIOD SHOWN THE ------ ------- ------- --------
EXPENSES WOULD BE:
EQ/Janus Large Cap Growth $ 33.59 $ 102.44 $ 173.57 $ 361.85
FI Mid Cap $ 32.02 $ 97.80 $ 165.96 $ 347.38
EQ/AXP New Dimensions $ 31.49 $ 96.24 $ 163.41 $ 342.51
EQ/AXP Strategy Aggressive $ 32.02 $ 97.80 $ 165.96 $ 347.38
</TABLE>
(1) The amount accumulated from the $1,000 contribution could not be paid in
the form of an annuity payout option at the end of any of the periods shown
in the examples. This is because if the amount applied to purchase an
annuity payout option is less than $2,000, or the initial payment is less
than $20, we may pay the amount to you in a single sum instead of as
payments under an annuity payout option. See "Accessing your money".
2. VARIABLE INVESTMENT OPTION NAME CHANGE:
Effective October 6, 2000, the name of the Alliance Equity Index variable
investment option has been changed to EQ Equity 500 Index, which reflects
the corresponding name change of the underlying EQ Advisors Trust
portfolio. All references to this variable investment option and the
corresponding portfolio in each Prospectus are hereby changed to the new
name.
3. T. ROWE PRICE INTERNATIONAL STOCK PORTFOLIO CHANGE IN ADVISOR:
The EQ Advisors Trust Board of Trustees approved T. Rowe Price
International, Inc. as the new advisor for the T. Rowe Price International
Stock Portfolio. The terms and conditions, including fees, of the
investment advisory agreement have not changed. The new advisor is the
successor company to the old
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advisor. References to Rowe Price-Fleming International, Inc. in each Prospectus
are hereby changed to T. Rowe Price International, Inc.
4. The third bulleted item of the section entitled "Fixed maturity options and
maturity dates" under "Contract features and benefits" in the prospectus is
replaced in its entirety as follows to reflect that we now permit
contributions into a fixed maturity option up to 45 days before the fixed
maturity option's maturity date:
"the fixed maturity option's maturity date is within 45 days;"
5. We have changed our default option with respect to amounts maturing from
fixed maturity options for which we have received no instructions. The
following replaces the last paragraph in the section entitled "Your choices
at the maturity date" under the "Contracts features and benefits" section
of the Prospectus:
"If we do not receive your choice on or before the fixed maturity option's
maturity date, we will automatically transfer your maturity value into the
fixed maturity option that will mature next (or another investment option
if we are required to do so by any state regulation). We may change our
procedures in the future."
APPLICABLE TO THE EQUI-VEST PROSPECTUS RELATING TO SERIES 100 THROUGH SERIES 500
CONTRACTS ONLY:
6. We have revised our Successor Owner Annuitant feature for series 300
contracts. If you are the owner and annuitant and your spouse is the sole
primary beneficiary, your spouse may elect upon your death, to continue the
contract as the owner and annuitant and no death benefit is payable until
the surviving spouse's death. Accordingly, the paragraph entitled
"Successor owner and annuitant. Series 300." under the "Payment of death
benefit" section of the prospectus is deleted and the title of the next
paragraph under that section is modified to reflect its applicability to
series 300 contracts as follows:
"Successor Owner and Annuitant: Traditional IRA, QP IRA, NQ and Roth IRA
contracts for Series 100, 200, 300 and 400."
7. The beneficiary continuation option feature is available for series 300
contracts. The following replaces the title of the paragraph relating to
the beneficiary continuation option under the "Payment of death benefit"
section of the prospectus:
"Beneficiary continuation option under Series 100, 200, 300 and 400
Traditional IRA, Roth IRA and QP IRA contracts"
8. The following replaces the next to the last sentence of the second
paragraph in the section entitled "Selecting an annuity payout option"
under "Accessing your money" in the prospectus:
"Also, that date may not be later than the contract date anniversary that
follows the annuitant's 90th birthday."
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SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the
Registrant certifies that it has reasonable grounds to believe that it meets all
of the requirements for filing on Form S-3 and has duly caused this amendment to
the Registration Statement to be signed on its behalf by the undersigned,
thereunto duly authorized, in the City and State of New York, on August 28,
2000.
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE
UNITED STATES
(Registrant)
By: /s/ Naomi J. Weinstein
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Naomi J. Weinstein
Vice President
The Equitable Life Assurance Society
of the United States
Pursuant to the requirements of the Securities Act of 1933, this
amendment to the Registration Statement has been signed by or on behalf of
the following persons in the capacities and on the date indicated.
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<CAPTION>
PRINCIPAL EXECUTIVE OFFICERS:
<S> <C>
*Michael Hegarty President, Chief Operating Officer and Director
*Edward D. Miller Chairman of the Board, Chief Executive Officer and Director
PRINCIPAL FINANCIAL OFFICER:
*Stanley B. Tulin Vice Chairman of the Board, Chief Financial Officer and Director
PRINCIPAL ACCOUNTING OFFICER:
*Alvin H. Fenichel Senior Vice President and Controller
</TABLE>
*DIRECTORS:
Francoise Colloc'h Donald J. Greene George T. Lowy
Henri de Castries John T. Hartley Edward D. Miller
Joseph L. Dionne John H.F. Haskell, Jr. Didier Pineau-Valencienne
Denis Duverne Michael Hegarty George J. Sella, Jr.
Jean-Rene Fourtou Mary R. (Nina) Henderson Peter J. Tobin
Norman C. Francis W. Edwin Jarmain Stanley B. Tulin
Dave H. Williams
*By: /s/Naomi J. Weinstein
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Naomi J. Weinstein
Attorney-in-Fact
August 28, 2000
