Registration No. 333-
- --------------------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
- --------------------------------------------------------------------------------
FORM S-6
FOR REGISTRATION UNDER THE SECURITIES ACT OF 1933
OF SECURITIES OF UNIT INVESTMENT TRUSTS REGISTERED ON FORM N-8B-2
SEPARATE ACCOUNT FP
of
THE EQUITABLE LIFE ASSURANCE James M. Benson, President
SOCIETY OF THE UNITED STATES The Equitable Life Assurance Society of
(Exact Name of Trust) the United States
787 Seventh Avenue
THE EQUITABLE LIFE ASSURANCE New York, New York 10019
SOCIETY OF THE UNITED STATES (Name and Address of Agent for Service)
(Exact Name of Depositor)
1290 Avenue of the Americas
New York, New York 10104
(Address of Depositor's Principal
Executive Offices)
---------------------------------------
Telephone Number, Including Area Code: (212) 554-1234
----------------------------------------
Please send copies of all communications to:
MARY P. BREEN, ESQ. with a copy to:
Vice President and Associate General Counsel THOMAS C. LAUERMAN
The Equitable Life Assurance Freedman, Levy, Kroll & Simonds
Society of the United States 1050 Connecticut Avenue, N.W., Suite 825
787 Seventh Avenue Washington, D.C. 20036
New York, New York 10019
----------------------------------------
Securities Being Registered: Units of Interest in Separate Account FP
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Approximate date of proposed public offering: As soon as practicable after the
effective date of the Registration Statement.
An indefinite amount of the Registrant's securities has been registered pursuant
to a declaration, under Rule 24f-2 under the Investment Company Act of 1940, set
out in the Form S-6 Registration Statement contained in File No. 2-98590. The
Registrant filed a Rule 24f-2 Notice for the December 31, 1995 fiscal year end
on February 27, 1996.
The registrant hereby amends this Registration Statement under the Securities
Act of 1933 on such date or dates as may be necessary to delay its effective
date until the Registrant shall file a further amendment which specifically
states that this Registration Statement shall thereafter become effective in
accordance with Section 8(a) of the Securities Act of 1933 or until this
Registration Statement shall become effective on such date as the Commission,
acting pursuant to said Section 8(a), may determine.
<PAGE>
SEPARATE ACCOUNT FP OF
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
Reconciliation and Tie
----------------------
SP-Flex(TM)
Items of
Form N-8B-2* Captions in Prospectus
- ----------- ----------------------
1....................................... Cover Page.
2....................................... Cover Page.
3....................................... Inapplicable.
4....................................... Part 4: Sales And Other Agreements.
5, 6 ................................... Part 2: The Separate Account
And Its Divisions.
7........................................ Inapplicable.**
- ------------
*Registrants include this Reconciliation and Tie in their Registration Statement
in compliance with Instruction 4 as to the Prospectus as set out in Form S-6.
Separate Account FP is an investment company registered under the Investment
Company Act of 1940 on a Form N-8B-2 Registration Statement (File No. 811-4335).
Pursuant to Sections 8 and 30(b) (1) of the Investment Company Act of 1940, Rule
30a-1 under that Act, and Forms N-8B-2 and N-SAR under that Act, the Account
keeps it Form N-8B-2 Registration Statement current through the filing of
periodic reports required by the Securities and Exchange Commission.
**Not required pursuant to either Instruction 1(a) as to the Prospectus as set
out in Form S-6 or the administrative practice of the Commission and its staff
of adapting the disclosure requirements of the Commission's registration
statement forms in recognition of the differences between variable life
insurance policies and other periodic payment plan certificates issued by
investment companies and between separate accounts organized as management
companies and unit investment trusts.
<PAGE>
Items of
Form N-8B-2* Captions in Prospectus
- ----------- ----------------------
8....................................... Part 6: Financial Statements.
9....................................... Part 4: Legal Proceedings.
10(a)................................... Part 3: Additional Information
About SP-Flex - Your
Beneficiary; Assigning Your
Policy.
10(b)................................... Part 3: Your Policy Account Value -
How We Determine Unit
Value, Additional Information
About SP-Flex - Dividends.
10(c), 10(d)............................ Part 3: Insurance Benefit,
Borrowing From Your Policy
Account, Other Policy Account
Transactions, Your Right To
Examine The Policy, Your Right
To Exchange The Policy,
Additional Information About
SP-Flex - When We Pay Proceeds.
10(e)................................... Part 4: Your Policy Can Lapse.
10(f)................................... Part 4: Your Voting Privileges.
10(g) (1), 10(g) (2), 10(h) (1),
10(h) (2)............................... Part 4: Our Right to Change
How We Operate;
Part 4: Your Voting Privileges.
10(g) (3), 10(g) (4), 10(h) (3),
10(h) (4)............................... Inapplicable.
10(i)................................... Part 2: The Separate Account
And Its Divisions. Part 3:
Premiums, Your Policy Account
Value, Additional Information
About SP-Flex - Your Payment
Options; Part 4: Tax Effects.
11...................................... Part 2: The Separate Account
And Its Divisions - We Own The
Assets Of The Separate Account,
The Trust.
-2-
<PAGE>
Items of
Form N-8B-2* Captions in Prospectus
- ----------- ----------------------
12(a)................................... Cover Page.
12(b), 12(e)............................ Inapplicable.
12(c)................................... Part 2: The Trust.
12(d)................................... Part 4: Sales And Other
Agreements.
13(a)................................... Part 3: Charges.
13(b), 13(c), 13(g)..................... Inapplicable.** (But see Part 5:
Illustrations)
13(d), 13(e), 13(f)..................... Inapplicable.
14...................................... Part 4: Sales And Other Agreements.
15...................................... Part 3: Premiums; Other Policy
Account Transactions - Changing
Your Premium Allocations.
16...................................... Part 2: The Separate Account
And Its Divisions; Part 3:
Your Policy Account Value;
Other Policy Account
Transactions - Transfers Among
Investment Choices.
17(a), 17(b), 17(c)..................... Captions referenced under Items
10(c), 10(d) and 10(e) and 10(i)
above.
18(a)................................... Part 3: Your Policy Account
Value - How We Determine Unit
Value.
18(c)................................... Part 2: The Separate Account
And Its Investment Divisions -
We Own The Assets Of The
Separate Account; Part 3:
Charges; Part 4: Tax Effects.
18(b), 18(d)............................ Inapplicable.
-3-
<PAGE>
Items of
Form N-8B-2* Captions in Prospectus
- ----------- ----------------------
19...................................... Part 3: Additional Information
About SP-Flex - Our Reports to
Policyowners; Part 4: Sales
And Other Agreements.; Your
Voting Privileges.
20(a), 20(b)............................ Captions referenced under Items
10(g) (1), 10(g) (2), 10(h) (1), and
10(h) (2).
20(c), 20(d), 20(e), 20(f),............. Inapplicable.
21(a), 21(b)............................ Part 3: Borrowing From Your Policy
Account.
21(c)................................... Inapplicable.**
22...................................... Part 3: Limits on Our Right to
Challenge the Policy.
23...................................... Inapplicable.
24...................................... Part 3: Detailed Information
About SP-Flex.
25...................................... Part 2: Equitable Variable.
26(a)................................... Inapplicable.**
26(b)................................... Inapplicable.
27...................................... Part 2: Equitable Variable.
28...................................... Part 4: Management.
29...................................... Part 2: Equitable.
30...................................... Inapplicable.
31, 32, 33, 34.......................... Inapplicable.**
35...................................... Part 2: Equitable Variable;
Part 4: Sales And Other
Agreements, Regulation.
36...................................... Inapplicable.**
37...................................... Inapplicable.
-4-
<PAGE>
Items of
Form N-8B-2* Captions in Prospectus
- ----------- ----------------------
38...................................... Part 4: Sales And Other
Agreements.
39(a)................................... Part 2: Equitable Variable,
Equitable.
39(b)................................... Part 4: Sales And Other
Agreements.
40(a)................................... Inapplicable.** (But see Part 4:
Sales And Other Agreements - Our
Joint Service Agreement With
Equitable).
40(b)................................... Inapplicable.
41(a)................................... Part 2: Equitable Variable;
Part 3: Your Voting Privileges
As A Policyowner -- Voting
Privileges Of Others; Part 4:
Sales And Other Agreements.
41(b), 41(c), 43........................ Inapplicable.
42...................................... Inapplicable.**
44(a)(1)................................ Part 3: Your Policy Account
Value - How We Determine Unit
Value.
44(a) (2)............................... Captions referenced under Items
44(a) (1), 16, 10(c) and 10(d)
above.
44(a) (3)............................... Captions referenced under Item 44(a)
(2) and Part 3: Your Policy Account
Value.
44(a) (4)............................... Part 3: Charges - Policy
Account Charges; Part 4: Tax
Effects.
44(a) (5)............................... Part 3: Charges.
44(a) (6)............................... Part 3: Charges; Your Policy
Account Value; Part 5:
Illustrations.
44(b)................................... Inapplicable.**
-5-
<PAGE>
Items of
Form N-8B-2* Captions in Prospectus
- ----------- ----------------------
44(c), 45............................... Inapplicable.
46(a)................................... Captions referenced under Item 44(a)
above.
46(b)................................... Inapplicable.**
47, 48, 49.............................. Inapplicable.
50...................................... Part 3: Borrowing From Your
Policy Account.
51(a) - (j)............................. Inapplicable.** (But see Part 1;
Part 2; Part 3; Part 4)
52(a), 52(c)............................ Part 4: Our Right to Change
How We Operate.
52(b), 52(d)............................ Inapplicable.
53...................................... Part 4: Tax Effects.
54...................................... Inapplicable.
55...................................... Inapplicable.** (But see Part
5: Illustrations)
56 - 58................................. Inapplicable.
59...................................... Part 6: Financial Statements.
9457I
9457I
-6-
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY
OF THE UNITED STATES
IL PROTECTOR(SM)
IL COLI II(SM)
IL COLI
INCENTIVE LIFE PLUS(SM)
SURVIVORSHIP 2000
SPECIAL OFFER POLICY
INCENTIVE LIFE 2000
CHAMPION 2000
SP-FLEX
INCENTIVE LIFE
PROSPECTUS SUPPLEMENT DATED JANUARY 1, 1997
This supplement updates certain information in the Prospectus you received for
the variable life insurance policy you purchased from Equitable Variable Life
Insurance Company ("Equitable Variable")*. If your prospectus is dated 1995 or
earlier, we also mailed to you a prospectus supplement dated May 1, 1996.
Capitalized terms used in this supplement have the same meanings as in the
Prospectus. You should keep this supplement with your Prospectus and any May 1,
1996 supplement. We will send you another copy of any Prospectus or supplement,
without charge, on written request.
On January 1, 1997, Equitable Variable, a wholly-owned subsidiary of The
Equitable Life Assurance Society of the United States ("Equitable") was merged
with and into Equitable. As a result of this merger, all of Equitable Variable's
assets, including the assets of Equitable Variable's Separate Account FP, became
the assets of Equitable, and all of Equitable Variable's obligations, including
your policy, were assumed by Equitable. The merger did not affect any policy
values, premiums, investment options or other terms and conditions of your
policy in any way. Policy Account values allocated to the Separate Account Funds
continue after the merger without change or interruption.
Management. A list of our directors and, to the extent they are responsible for
variable life insurance operations, our principal officers and a brief statement
of their business experience for the past five years is contained in Appendix A
to this supplement.
Financial Statements. The financial statements of Separate Account FP and
Equitable included in this prospectus supplement have been audited for the years
ended December 31, 1995, 1994 and 1993 by the accounting firm of Price
Waterhouse LLP, independent accountants, as stated in their reports. The
financial statements of Separate Account FP and Equitable for the years ended
December 31, 1995, 1994 and 1993 included in this prospectus supplement have
been so included in reliance on the reports of Price Waterhouse LLP, given on
the authority of such firm as experts in accounting and auditing. The financial
statements of Separate Account FP and Equitable for the periods ended September
30, 1996 and 1995 included in this prospectus supplement are unaudited.
The financial statements of Equitable contained in this prospectus supplement
should be considered only as bearing upon the ability of Equitable to meet its
obligations under the policies. They should not be considered as bearing upon
the investment experience of the funds in the Separate Account. The financial
statements of Separate Account FP include periods prior to the merger when
Separate Account FP was part of Equitable Variable.
- -------------------
*This supplement updates certain information contained in the IL Protector
Prospectus dated July 25, 1996; the IL COLI II Prospectus dated July 24, 1996;
the Incentive Life Plus Prospectuses dated December 19, 1994, May 1, 1995,
September 15, 1995 and May 1, 1996; the IL COLI supplements thereto dated
September 15, 1995 and May 1, 1996, and the Special Offer Policy supplements
thereto dated May 1, 1995, September 15, 1995 and May 1, 1996; the Survivorship
2000 Prospectuses dated August 18, 1992 and May 1, 1993, 1994, 1995 and 1996;
the Incentive Life 2000 Prospectuses dated November 27, 1991 and May 1, 1993 and
1994, and the Special Offer Policy supplements thereto dated November 27, 1991,
January 29, 1993, May 1, 1993, May 1, 1994, and May 1, 1995; the Champion 2000
Prospectuses dated November 27, 1991 and May 1, 1993 and 1994; the SP-FLEX
Prospectuses dated September 30 and August 24, 1987; and the Incentive Life
Prospectuses dated August 29, 1989, February 27, 1991 and May 1, 1990, 1993 and
1994.
EVM-103
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
INDEX TO FINANCIAL STATEMENTS
<TABLE>
<S> <C>
Independent Auditor's Report.......................................................................................... FSA-2
Financial Statements:
Statement of Assets and Liabilities, December 31, 1995.......................................................... FSA-3
Statement of Operations for the Years Ended December 31, 1995, 1994 and 1993.................................... FSA-4
Statement of Changes in Net Assets for the Years Ended December 31, 1995, 1994 and 1993......................... FSA-8
Notes to Financial Statements................................................................................... FSA-12
Interim Financial Statements:
Statement of Assets and Liabilities, September 30, 1996 (unaudited)............................................. FSA-20
Statement of Operations for the Nine Months Ended September 30, 1996 and 1995 (unaudited)....................... FSA-21
Statement of Changes in Net Assets for the Nine Months Ended September 30, 1996 and 1995 (unaudited)............ FSA-24
Notes to Interim Financial Statements (unaudited)............................................................... FSA-27
</TABLE>
FSA-1
<PAGE>
REPORT OF INDEPENDENT ACCOUNTANTS
To the Board of Directors of
Equitable Variable Life Insurance Company
and Policyowners of Separate Account FP
of Equitable Variable Life Insurance Company
In our opinion, the accompanying statements of assets and liabilities and the
related statements of operations and of changes in net assets present fairly, in
all material respects, the financial position of Money Market Division,
Intermediate Government Securities Division, Quality Bond Division, High Yield
Division, Growth and Income Division, Equity Index Division, Common Stock
Division, Global Division, International Division, Aggressive Stock Division,
Conservative Investors Division, Balanced Division and Growth Investors
Division, separate investment divisions of Equitable Variable Life Insurance
Company ("Equitable Variable Life") Separate Account FP at December 31, 1995 and
the results of each of their operations and changes in each of their net assets
for each of the periods indicated, in conformity with generally accepted
accounting principles. These financial statements are the responsibility of
Equitable Variable Life's management; our responsibility is to express an
opinion on these financial statements based on our audits. We conducted our
audits of these financial statements in accordance with generally accepted
auditing standards which require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements, assessing the
accounting principles used and significant estimates made by management and
evaluating the overall financial statement presentation. We believe that our
audits, which included confirmation of shares in The Hudson River Trust at
December 31, 1995 with the transfer agent, provide a reasonable basis for the
opinion expressed above.
PRICE WATERHOUSE LLP
New York, NY
February 7, 1996, except as to Note 8 which is as of September 19, 1996
FSA-2
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF ASSETS AND LIABILITIES
DECEMBER 31, 1995
<TABLE>
<CAPTION>
INTERMEDIATE
MONEY GOVERNMENT QUALITY HIGH GROWTH & EQUITY
MARKET SECURITIES BOND YIELD INCOME INDEX
DIVISION DIVISION DIVISION DIVISION DIVISION DIVISION
------------ ----------- ------------ ----------- ----------- -----------
<S> <C> <C> <C> <C> <C> <C>
ASSETS
Investments in shares of
The Hudson River
Trust -- at market
value (Notes 2 and 7)
Cost: $207,548,119..... $207,638,095
37,536,467..... $37,681,989
141,011,715..... $138,906,039
68,700,148..... $72,524,129
17,021,456..... $19,144,802
59,443,291..... $71,895,056
Receivable for sales of
shares of The Hudson
River Trust........... -- -- -- -- -- --
Receivable for policy-
related transactions.. 1,030,719 472,227 195,736 671,870 272,371 214,843
------------ ----------- ------------ ----------- ----------- -----------
Total Assets............ 208,668,814 38,154,216 139,101,775 73,195,999 19,417,173 72,109,899
------------ ----------- ------------ ----------- ----------- -----------
LIABILITIES
Payable for purchases
of shares of The
Hudson River
Trust................. 1,021,043 488,551 195,429 740,734 272,227 214,856
Payable for policy-
related transactions.. -- -- -- -- -- --
Amount retained by
Equitable Variable Life
in Separate Account
FP (Note 4)........... 514,240 516,621 618,900 524,303 526,633 271,428
------------ ----------- ------------ ----------- ---------- -----------
Total Liabilities....... 1,535,283 1,005,172 814,329 1,265,037 798,860 486,284
------------ ----------- ------------ ----------- ---------- -----------
NET ASSETS ATTRIBUTABLE
TO POLICYOWNERS......... $207,133,531 $37,149,044 $138,287,446 $71,930,962 $18,618,313 $71,623,615
============ =========== ============ =========== =========== ===========
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
COMMON AGGRESSIVE
STOCK GLOBAL INTERNATIONAL STOCK
DIVISION DIVISION DIVISION DIVISION
-------------- ------------ ----------- ------------
<S> <C> <C> <C> <C>
ASSETS
Investments in shares of
The Hudson River
Trust -- at market
value (Notes 2 and 7)
Cost: $966,230,780...... $1,148,055,059
297,303,481...... $333,829,077
11,991,226...... $12,659,132
475,758,260...... $556,029,378
Receivable for sales of
shares of The Hudson
River Trust........... -- -- -- --
Receivable for policy-
related transactions.. 233,000 421,042 137,166 800,569
-------------- ------------ ----------- ------------
Total Assets............ 1,148,288,059 334,250,119 12,796,298 556,829,947
-------------- ------------ ----------- ------------
LIABILITIES
Payable for purchases
of shares of The
Hudson River
Trust................. 679,729 246,368 143,511 1,121,615
Payable for policy-
related transactions.. -- -- -- --
Amount retained by
Equitable Variable Life
in Separate Account
FP (Note 4)........... 1,023,056 506,731 220,849 520,201
-------------- ------------ ----------- ------------
Total Liabilities....... 1,702,785 753,099 364,360 1,641,816
-------------- ------------ ----------- ------------
NET ASSETS ATTRIBUTABLE
TO POLICYOWNERS....... $1,146,585,274 $333,497,020 $12,431,938 $555,188,131
============== ============ =========== ============
</TABLE>
See Notes to Financial Statements.
ASSET ALLOCATION SERIES
--------------------------------------------
CONSERVATIVE GROWTH
INVESTORS BALANCED INVESTORS
DIVISION DIVISION DIVISION
------------ ------------ ------------
ASSETS
Investments in shares of
The Hudson River
Trust -- at market
value (Notes 2 and 7)
Cost: $162,300,470...... $172,662,590
356,282,500...... $399,379,687
474,917,898...... $556,703,771
Receivable for sales of
shares of The Hudson
River Trust........... 76,736 -- --
Receivable for policy-
related transactions.. -- -- 191,779
------------ ------------ ------------
Total Assets............ 172,739,326 399,379,687 556,895,550
------------ ------------ ------------
LIABILITIES
Payable for purchases
of shares of The
Hudson River
Trust................. -- 179,701 414,996
Payable for policy-
related transactions.. 81,465 47,918 --
Amount retained by
Equitable Variable Life
in Separate Account
FP (Note 4)........... 570,762 586,859 602,888
------------ ------------ ------------
Total Liabilities....... 652,227 814,478 1,017,884
------------ ------------ ------------
NET ASSETS ATTRIBUTABLE
TO POLICYOWNERS....... $172,087,099 $398,565,209 $555,877,666
============ ============ ============
See Notes to Financial Statements.
FSA-3
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF OPERATIONS
<TABLE>
<CAPTION>
MONEY MARKET DIVISION INTERMEDIATE GOVERNMENT SECURITIES DIVISION
------------------------------------ -------------------------------------------
YEAR ENDED DECEMBER 31, YEAR ENDED DECEMBER 31,
------------------------------------ --------------------------------------
1995 1994 1993 1995 1994 1993
---------- ---------- ---------- ---------- ------------ ----------
<S> <C> <C> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust....... $9,225,401 $5,368,883 $4,163,389 $2,010,283 $ 5,671,984 $14,930,827
Expenses (Note 3):
Mortality and expense risk charges.......... 954,556 826,379 834,113 197,721 527,675 1,470,325
---------- ---------- ---------- ---------- ----------- -----------
NET INVESTMENT INCOME........................... 8,270,845 4,542,504 3,329,276 1,812,562 5,144,309 13,460,502
---------- ---------- ---------- ---------- ----------- -----------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments......... (432,347) 95,530 (339,754) (810,768) (10,163,976) 3,999,846
Realized gain distribution from
The Hudson River Trust.................... -- -- -- -- -- 11,449,074
---------- ---------- ---------- ---------- ----------- -----------
NET REALIZED GAIN (LOSS)........................ (432,347) 95,530 (339,754) (810,768) (10,163,976) 15,448,920
Unrealized appreciation/depreciation on
investments:
Beginning of period......................... 32,760 (14,267) (224,885) (2,736,863) (1,617,237) 1,966,231
End of period............................... 89,976 32,760 (14,267) 145,522 (2,736,863) (1,617,237)
---------- ---------- ---------- ---------- ----------- -----------
Change in unrealized appreciation/depreciation
during the period........................... 57,216 47,027 210,618 2,882,385 (1,119,626) (3,583,468)
---------- ---------- ---------- ---------- ----------- -----------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS................................ (375,131) 142,557 (129,136) 2,071,617 (11,283,602) 11,865,452
---------- ---------- ---------- ---------- ----------- -----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS............................... $7,895,714 $4,685,061 $3,200,140 $3,884,179 $(6,139,293) $25,325,954
========== ========== ========== ========== =========== ===========
</TABLE>
<TABLE>
<CAPTION>
QUALITY BOND DIVISION
-------------------------------------------
OCTOBER 1*
TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
--------------------------- ------------
1995 1994 1993
----------- ------------ ------------
<S> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust....... $ 7,958,285 $ 8,123,722 $ 1,221,840
Expenses (Note 3):
Mortality and expense risk charges.......... 767,627 689,178 163,308
----------- ------------ ------------
NET INVESTMENT INCOME........................... 7,190,658 7,434,544 1,058,532
----------- ------------ ------------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments......... (632,666) (410,697) (106)
Realized gain distribution from
The Hudson River Trust.................... -- -- 130,973
----------- ------------ ------------
NET REALIZED GAIN (LOSS)........................ (632,666) (410,697) 130,867
Unrealized appreciation/depreciation on
investments:
Beginning of period......................... (15,521,200) (1,886,621) --
End of period............................... (2,105,676) (15,521,200) (1,886,621)
----------- ------------ -----------
Change in unrealized appreciation/depreciation
during the period........................... 13,415,524 (13,634,579) (1,886,621)
----------- ------------ -----------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS................................ 12,782,858 (14,045,276) (1,755,754)
----------- ------------ -----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS............................... $19,973,516 $ (6,610,732) $ (697,222)
=========== ============ ===========
</TABLE>
See Notes to Financial Statements.
* Commencement of Operations
FSA-4
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF OPERATIONS (CONTINUED)
<TABLE>
<CAPTION>
HIGH YIELD DIVISION
----------------------------------------
YEAR ENDED DECEMBER 31,
----------------------------------------
1995 1994 1993
----------- ----------- ----------
<S> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust................. $ 6,518,568 $ 4,578,946 $4,488,259
Expenses (Note 3):
Mortality and expense risk charges.................... 371,369 305,522 285,992
----------- ----------- ----------
NET INVESTMENT INCOME..................................... 6,147,199 4,273,424 4,202,267
----------- ----------- ----------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments................... (179,454) (328,199) 107,852
Realized gain distribution from
The Hudson River Trust.............................. -- -- 1,030,687
----------- ----------- ----------
NET REALIZED GAIN (LOSS).................................. (179,454) (328,199) 1,138,539
Unrealized appreciation/depreciation on investments:
Beginning of period................................... (873,103) 4,734,999 763,746
End of period......................................... 3,823,981 (873,103) 4,734,999
----------- ----------- ----------
Change in unrealized appreciation/depreciation
during the period..................................... 4,697,084 (5,608,102) 3,971,253
----------- ----------- ----------
NET REALIZED AND UNREALIZED GAIN (LOSS) ON INVESTMENTS.... 4,517,630 (5,936,301) 5,109,792
----------- ----------- ----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS......................................... $10,664,829 $(1,662,877) $9,312,059
=========== =========== ==========
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
GROWTH & INCOME DIVISION EQUITY INDEX DIVISION
--------------------------------------- --------------------------
OCTOBER 1* APRIL 1*
TO YEAR ENDED TO
YEAR ENDED DECEMBER 31, DECEMBER 31, DECEMBER 31, DECEMBER 31,
------------------------ ------------- ----------- -------------
1995 1994 1993 1995 1994
---------- --------- ------------- ----------- -------------
<S> <C> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust................. $ 380,677 $ 108,492 $ 3,394 $ 964,775 $ 596,180
Expenses (Note 3):
Mortality and expense risk charges.................... 69,716 19,204 1,833 289,199 152,789
---------- --------- ------- ----------- ---------
NET INVESTMENT INCOME..................................... 310,961 89,288 1,561 675,576 443,391
---------- --------- ------- ----------- ---------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments................... 2,791 (11,709) (134) 3,060 (6,949)
Realized gain distribution from
The Hudson River Trust.............................. -- -- -- 536,890 134,154
---------- --------- ------- ----------- ---------
NET REALIZED GAIN (LOSS).................................. 2,791 (11,709) (134) 539,950 127,205
Unrealized appreciation/depreciation on investments:
Beginning of period................................... (141,585) (904) -- (399,286) --
End of period......................................... 2,123,346 (141,585) (904) 12,451,765 (399,286)
---------- --------- ------- ----------- ---------
Change in unrealized appreciation/depreciation
during the period..................................... 2,264,931 (140,681) (904) 12,851,051 (399,286)
---------- --------- ------- ----------- ---------
NET REALIZED AND UNREALIZED GAIN (LOSS) ON INVESTMENTS.... 2,267,722 (152,390) (1,038) 13,391,001 (272,081)
---------- --------- ------- ----------- ---------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS......................................... $2,578,683 $ (63,102) $ 523 $14,066,577 $ 171,310
========== ========= ======= =========== =========
</TABLE>
See Notes to Financial Statements.
* Commencement of Operations
FSA-5
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF OPERATIONS (CONTINUED)
<TABLE>
<CAPTION>
COMMON STOCK DIVISION GLOBAL STOCK DIVISION
-------------------------------------------- -----------------------------------------
YEAR ENDED DECEMBER 31, YEAR ENDED DECEMBER 31,
-------------------------------------------- -----------------------------------------
1995 1994 1993 1995 1994 1993
------------ ------------ ------------ ----------- ----------- -----------
<S> <C> <C> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson
River Trust.................... $ 14,259,262 $ 11,755,355 $ 10,311,886 $ 5,152,442 $ 2,768,605 $ 1,060,406
Expenses (Note 3):
Mortality and expense risk
charges........................ 6,050,368 4,741,008 4,005,102 1,743,898 1,211,620 466,897
------------ ------------ ------------ ----------- ----------- -----------
NET INVESTMENT INCOME................ 8,208,894 7,014,347 6,306,784 3,408,544 1,556,985 593,509
------------ ------------ ------------ ----------- ----------- -----------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on
investments.................... 16,793,683 292,144 4,176,629 3,049,444 3,347,704 1,333,766
Realized gain distribution from
The Hudson River Trust......... 63,838,178 43,936,280 85,777,775 9,214,950 4,821,242 11,642,904
------------ ------------ ------------ ----------- ----------- -----------
NET REALIZED GAIN (LOSS)............. 80,631,861 44,228,424 89,954,404 12,264,394 8,168,946 12,976,670
Unrealized appreciation
(depreciation) on investments:
Beginning of period.............. (2,048,649) 71,350,568 22,647,989 3,130,280 7,062,877 2,783,724
End of period.................... 181,824,279 (2,048,649) 71,350,568 36,525,596 3,130,280 7,062,877
------------ ------------ ------------ ----------- ----------- -----------
Change in unrealized appreciation/
depreciation during the period... 183,872,928 (73,399,217) 48,702,579 33,395,316 (3,932,597) 4,279,153
------------ ------------ ------------ ----------- ----------- -----------
NET REALIZED AND UNREALIZED GAIN
(LOSS) ON INVESTMENTS.............. 264,504,789 (29,170,793) 138,656,983 45,659,710 4,236,349 17,255,823
------------ ------------ ------------ ----------- ----------- -----------
NET INCREASE (DECREASE) IN NET ASSETS
RESULTING FROM OPERATIONS.......... $272,713,683 $(22,156,446) $144,963,767 $49,068,254 $ 5,793,334 $17,849,332
============ ============ ============ =========== =========== ===========
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
INTERNATIONAL
DIVISION AGGRESSIVE STOCK DIVISION
-------------- --------------------------------------------
APRIL 3*
TO
DECEMBER 31, YEAR ENDED DECEMBER 31,
-------------- --------------------------------------------
1995 1995 1994 1993
---------- ------------ ------------ ------------
<S> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson
River Trust.................... $195,500 $ 1,268,689 $ 400,102 $ 766,228
Expenses (Note 3):
Mortality and expense risk
charges........................ 36,471 2,702,978 1,944,639 1,757,109
-------- ------------ ------------ ------------
NET INVESTMENT INCOME................ 159,029 (1,434,289) (1,544,537) (990,881)
-------- ------------ ------------ ------------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on
investments.................... (790) 11,560,966 (6,075,250) 35,696,507
Realized gain distribution from
The Hudson River Trust......... 51,741 61,903,470 -- 25,339,962
-------- ------------ ------------ ------------
NET REALIZED GAIN (LOSS)............. 50,951 73,464,436 (6,075,250) 61,036,469
Unrealized appreciation
(depreciation) on investments:
Beginning of period.............. -- 30,761,318 35,185,988 53,885,737
End of period.................... 667,906 80,271,118 30,761,318 35,185,988
-------- ------------ ------------ ------------
Change in unrealized appreciation/
depreciation during the period... 667,906 49,509,800 (4,424,670) (18,699,749)
-------- ------------ ------------ ------------
NET REALIZED AND UNREALIZED GAIN
(LOSS) ON INVESTMENTS.............. 718,857 122,974,236 (10,499,920) 42,336,720
-------- ------------ ------------ ------------
NET INCREASE (DECREASE) IN NET ASSETS
RESULTING FROM OPERATIONS.......... $877,886 $121,539,947 $(12,044,457) $ 41,345,839
======== ============ ============ ============
</TABLE>
See Notes to Financial Statements.
*Commencement of Operations
FSA-6
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF OPERATIONS (CONCLUDED)
<TABLE>
<CAPTION>
ASSET ALLOCATION SERIES
---------------------------------------------------------------------------------
CONSERVATIVE INVESTORS DIVISION BALANCED DIVISION
-------------------------------------- ----------------------------------------
YEAR ENDED DECEMBER 31, YEAR ENDED DECEMBER 31,
-------------------------------------- ----------------------------------------
1995 1994 1993 1995 1994 1993
----------- ----------- ---------- ----------- ------------ -----------
<S> <C> <C> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust....... $ 8,169,109 $ 6,205,574 $4,088,977 $12,276,328 $ 10,557,487 $10,062,862
Expenses (Note 3):
Mortality and expense risk charges.......... 921,294 750,164 551,610 2,237,982 2,103,510 2,047,811
----------- ----------- ---------- ----------- ------------ -----------
NET INVESTMENT INCOME........................... 7,247,815 5,455,410 3,537,367 10,038,346 8,453,977 8,015,051
----------- ----------- ---------- ----------- ------------ -----------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments......... (378,551) (421,501) 91,739 (2,466,524) 858,164 1,446,919
Realized gain distribution from
The Hudson River Trust.................... 1,068,272 -- 4,651,717 10,894,130 -- 20,280,817
----------- ----------- ---------- ----------- ------------ -----------
NET REALIZED GAIN (LOSS)........................ 689,721 (421,502) 4,743,456 8,427,606 858,164 21,727,736
Unrealized appreciation (depreciation) on
investments:
Beginning of period......................... (8,767,697) 1,915,037 2,223,612 (2,878,875) 37,960,661 30,072,900
End of period............................... 10,362,120 (8,767,697) 1,915,037 43,097,187 (2,878,875) 37,960,661
----------- ----------- ---------- ----------- ------------ -----------
Change in unrealized appreciation/depreciation
during the period........................... 19,129,817 (10,682,734) (308,575) 45,976,062 (40,839,536) 7,887,761
----------- ----------- ---------- ----------- ------------ -----------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS................................ 19,819,538 (11,104,236) 4,434,881 54,403,668 (39,981,372) 29,615,497
----------- ----------- ---------- ----------- ------------ -----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS............................... $27,067,353 $(5,648,826) $7,972,248 $64,442,014 $(31,527,395) $37,630,548
=========== =========== ========== =========== ============ ===========
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
ASSET ALLOCATION SERIES
-------------------------------------------
GROWTH INVESTORS DIVISION
-------------------------------------------
YEAR ENDED DECEMBER 31,
-------------------------------------------
1995 1994 1993
------------ ------------ -----------
<S> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust......... $ 15,855,901 $ 10,663,204 $ 5,922,228
Expenses (Note 3):
Mortality and expense risk charges............ 2,796,354 1,995,747 1,274,117
------------ ------------ -----------
NET INVESTMENT INCOME............................. 13,059,547 8,667,457 4,648,111
------------ ------------ -----------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments........... 1,752,185 241,591 52,392
Realized gain distribution from
The Hudson River Trust...................... 7,421,853 -- 14,624,517
------------ ------------ -----------
NET REALIZED GAIN (LOSS).......................... 9,174,038 241,591 14,676,909
Unrealized appreciation (depreciation) on
investments:
Beginning of period........................... (770,693) 20,567,604 12,746,740
End of period................................. 81,785,873 (770,693) 20,567,604
------------ ------------ -----------
Change in unrealized appreciation/depreciation
during the period............................. 82,556,566 (21,338,297) 7,820,864
------------ ------------ -----------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS.................................. 91,730,604 (21,096,706) 22,497,773
------------ ------------ -----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS................................. $104,790,151 $(12,429,249) $27,145,884
============ ============ ===========
</TABLE>
See Notes to Financial Statements.
FSA-7
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF CHANGES IN NET ASSETS
<TABLE>
<CAPTION>
INTERMEDIATE GOVERNMENT
MONEY MARKET DIVISION SECURITIES DIVISION
------------------------------------------ -------------------------------------------
YEAR ENDED DECEMBER 31, YEAR ENDED DECEMBER 31,
------------------------------------------ -------------------------------------------
1995 1994 1993 1995 1994 1993
------------ ------------ ------------ ----------- ------------- -------------
<S> <C> <C> <C> <C> <C> <C>
INCREASE (DECREASE) IN NET ASSETS:
FROM OPERATIONS:
Net investment income............. $ 8,270,845 $ 4,542,504 $ 3,329,276 $ 1,812,562 $ 5,144,309 $ 13,460,502
Net realized gain (loss).......... (432,347) 95,530 (339,754) (810,768) (10,163,976) 15,448,920
Change in unrealized appreciation/
depreciation on investments..... 57,216 47,027 210,618 2,882,385 (1,119,626) (3,583,468)
------------ ------------ ------------ ----------- ------------- -------------
Net increase (decrease)
from operations................. 7,895,714 4,685,061 3,200,140 3,884,179 (6,139,293) 25,325,954
------------ ------------ ------------ ----------- ------------- -------------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3)............. 96,773,056 82,536,703 64,845,505 11,016,347 18,915,140 26,598,113
Benefits and other policy-related
transactions (Note 3)........... (39,770,849) (32,432,771) (31,747,197) (6,286,070) (5,813,181) (7,539,335)
Net transfers among divisions..... 4,776,165 (25,466,044) (50,510,704) 953,149 (125,116,319) (180,916,946)
------------ ------------ ------------ ----------- ------------- -------------
Net increase (decrease) from
policy-related transactions..... 61,778,372 24,637,888 (17,412,396) 5,683,426 (112,014,360) (161,858,168)
------------ ------------ ------------ ----------- ------------- -------------
NET (INCREASE) DECREASE IN AMOUNT
RETAINED BY EQUITABLE VARIABLE IN
SEPARATE ACCOUNT FP (Note 4)...... (36,640) (24,067) 92,890 (72,636) 15,335 (69,330)
------------ ------------ ------------ ----------- ------------- -------------
INCREASE (DECREASE) IN NET ASSETS... 69,637,446 29,298,882 (14,119,366) 9,494,969 (118,138,318) (136,601,544)
NET ASSETS, BEGINNING OF PERIOD..... 137,496,085 108,197,203 122,316,569 27,654,075 145,792,393 282,393,937
------------ ------------ ------------ ----------- ------------- -------------
NET ASSETS, END OF PERIOD........... $207,133,531 $137,496,085 $108,197,203 $37,149,044 $ 27,654,075 $ 145,792,393
============ ============ ============ =========== ============= =============
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
QUALITY BOND DIVISION
-------------------------------------------
OCTOBER 1*
TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
---------------------------- -----------
1995 1994 1993
------------ ------------ -----------
<S> <C> <C> <C>
INCREASE (DECREASE) IN NET ASSETS:
FROM OPERATIONS:
Net investment income............. $ 7,190,658 $ 7,434,544 $ 1,058,532
Net realized gain (loss).......... (632,666) (410,697) 130,867
Change in unrealized appreciation/
depreciation on investments..... 13,415,524 (13,634,579) (1,886,621)
------------ ------------ -----------
Net increase (decrease)
from operations................. 19,973,516 (6,610,732) (697,222)
------------ ------------ -----------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3)............. 2,516,135 850,240 181,283
Benefits and other policy-related
transactions (Note 3)........... (3,189,044) (2,891,278) (441,626)
Net transfers among divisions..... 2,462,969 25,765,197 100,786,909
------------ ------------ -----------
Net increase (decrease) from
policy-related transactions..... 1,790,060 23,724,159 100,526,566
------------ ------------ -----------
NET (INCREASE) DECREASE IN AMOUNT
RETAINED BY EQUITABLE VARIABLE IN
SEPARATE ACCOUNT FP (Note 4)...... (712,602) 255,654 38,047
------------ ------------ -----------
INCREASE (DECREASE) IN NET ASSETS... 21,050,974 17,369,081 99,867,391
NET ASSETS, BEGINNING OF PERIOD..... 117,236,472 99,867,391 --
------------ ------------ -----------
NET ASSETS, END OF PERIOD........... $138,287,446 $117,236,472 $99,867,391
============ ============ ===========
</TABLE>
See Notes to Financial Statements.
*Commencement of Operations
FSA-8
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF CHANGES IN NET ASSETS (CONTINUED)
<TABLE>
<CAPTION>
HIGH YIELD DIVISION
------------------------------------------
YEAR ENDED DECEMBER 31,
------------------------------------------
1995 1994 1993
----------- ------------ -----------
<S> <C> <C> <C>
INCREASE (DECREASE) IN NET ASSETS:
FROM OPERATIONS:
Net investment income................................... $ 6,147,199 $ 4,273,424 $ 4,202,267
Net realized gain (loss)................................ (179,454) (328,199) 1,138,539
Change in unrealized appreciation/
depreciation on investments........................... 4,697,084 (5,608,102) 3,971,253
----------- ------------ -----------
Net increase (decrease) from operations................. 10,664,829 (1,662,877) 9,312,059
----------- ------------ -----------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3)................................... 15,333,474 14,287,345 10,787,763
Benefits and other policy-related
transactions (Note 3)................................. (8,211,013) (7,162,537) (5,179,424)
Net transfers among divisions........................... 4,789,450 (11,048,174) 1,006,671
----------- ------------ -----------
Net increase (decrease) from policy-related
transactions.......................................... 11,911,911 (3,923,366) 6,615,010
----------- ------------ -----------
NET (INCREASE) DECREASE IN AMOUNT RETAINED BY EQUITABLE
VARIABLE IN SEPARATE ACCOUNT FP (Note 4)................ (100,679) 16,028 (31,889)
----------- ------------ -----------
INCREASE (DECREASE) IN NET ASSETS......................... 22,476,061 (5,570,215) 15,895,180
NET ASSETS, BEGINNING OF PERIOD........................... 49,454,901 55,025,116 39,129,936
----------- ------------ -----------
NET ASSETS, END OF PERIOD................................. $71,930,962 $ 49,454,901 $55,025,116
=========== ============ ===========
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
GROWTH & INCOME DIVISION EQUITY INDEX DIVISION
------------------------------------- --------------------------
OCTOBER 1* APRIL 1*
TO YEAR ENDED TO
YEAR ENDED DECEMBER 31, DECEMBER 31, DECEMBER 31, DECEMBER 31,
------------------------- ----------- ----------- -----------
1995 1994 1993 1995 1994
----------- ---------- ----------- ----------- -----------
<S> <C> <C> <C> <C> <C>
INCREASE (DECREASE) IN NET ASSETS:
FROM OPERATIONS:
Net investment income................................... $ 310,961 $ 89,288 $ 1,561 $ 675,576 $ 443,391
Net realized gain (loss)................................ 2,791 (11,709) (134) 539,950 127,205
Change in unrealized appreciation/
depreciation on investments........................... 2,264,931 (140,681) (904) 12,851,051 (399,286)
----------- ---------- -------- ----------- -----------
Net increase (decrease) from operations................. 2,578,683 (63,102) 523 14,066,577 171,310
----------- ---------- -------- ----------- -----------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3)................................... 6,464,035 2,953,965 182,381 10,308,871 690,540
Benefits and other policy-related
transactions (Note 3)................................. (1,385,132) (481,430) (6,581) (2,111,532) (472,818)
Net transfers among divisions........................... 5,274,221 3,033,230 279,153 18,305,589 30,736,505
----------- ---------- -------- ----------- -----------
Net increase (decrease) from policy-related
transactions.......................................... 10,353,124 5,505,765 454,953 26,502,928 30,954,227
----------- ---------- -------- ----------- -----------
NET (INCREASE) DECREASE IN AMOUNT RETAINED BY EQUITABLE
VARIABLE IN SEPARATE ACCOUNT FP (Note 4)................ (221,877) 6,113 4,131 (71,293) (134)
----------- ---------- -------- ----------- -----------
INCREASE (DECREASE) IN NET ASSETS......................... 12,709,930 5,448,776 459,607 40,498,212 31,125,403
NET ASSETS, BEGINNING OF PERIOD........................... 5,908,383 459,607 -- 31,125,403 --
----------- ---------- -------- ----------- -----------
NET ASSETS, END OF PERIOD................................. $18,618,313 $5,908,383 $459,607 $71,623,615 $31,125,403
=========== ========== ======== =========== ===========
</TABLE>
See Notes to Financial Statements.
*Commencement of Operations
FSA-9
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF CHANGES IN NET ASSETS (CONTINUED)
<TABLE>
<CAPTION>
COMMON STOCK DIVISION GLOBAL STOCK DIVISION
-------------------------------------------- ------------------------------------------
YEAR ENDED DECEMBER 31, YEAR ENDED DECEMBER 31,
-------------------------------------------- ------------------------------------------
1995 1994 1993 1995 1994 1993
-------------- ------------- ----------- ------------ ------------ ------------
<S> <C> <C> <C> <C> <C> <C>
INCREASE (DECREASE) IN
NET ASSETS:
FROM OPERATIONS:
Net investment income..... $ 8,208,894 $ 7,014,347 $ 6,306,784 $ 3,408,544 $ 1,556,985 $ 593,509
Net realized gain (loss).. 80,631,861 44,228,424 89,954,404 12,264,394 8,168,946 12,976,670
Change in unrealized
appreciation/
depreciation on
investments............. 183,872,928 (73,399,217) 48,702,579 33,395,316 (3,932,597) 4,279,153
-------------- ------------ ------------ ------------ ------------ ------------
Net increase (decrease)
from operations......... 272,713,683 (22,156,446) 144,963,767 49,068,254 5,793,334 17,849,332
-------------- ------------ ------------ ------------ ------------ ------------
FROM POLICY-RELATED
TRANSACTIONS:
Net premiums (Note 3)..... 216,068,996 171,525,812 124,210,476 92,666,618 77,766,997 25,508,452
Benefits and other
policy-related
transactions (Note 3)... (118,456,643) (93,481,219) (77,837,895) (37,507,499) (23,371,745) (8,931,159)
Net transfers among
divisions............... (34,354,864) 19,730,410 (9,498,455) (12,472,104) 47,610,957 59,544,080
-------------- ------------ ------------ ------------ ------------ ------------
Net increase (decrease)
from policy-related
transactions............ 63,257,489 97,775,003 36,874,126 42,687,015 102,006,209 76,121,373
-------------- ------------ ------------ ------------ ------------ ------------
NET (INCREASE) DECREASE IN
AMOUNT RETAINED BY
EQUITABLE VARIABLE IN
SEPARATE ACCOUNT FP
(Note 4).................. (392,099) 44,948 (124,376) (96,720) (17,737) 4,085
-------------- ------------ ------------ ------------ ------------ ------------
INCREASE IN NET ASSETS...... 335,579,073 75,663,505 181,713,517 91,658,549 107,781,806 93,974,790
NET ASSETS, BEGINNING OF
PERIOD.................... 811,006,201 735,342,696 553,629,179 241,838,471 134,056,665 40,081,875
-------------- ------------ ------------ ------------ ------------ ------------
NET ASSETS, END OF
PERIOD.................... $1,146,585,274 $811,006,201 $735,342,696 $333,497,020 $241,838,471 $134,056,665
============== ============ ============ ============ ============ ============
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
INTERNATIONAL
DIVISION AGGRESSIVE STOCK DIVISION
----------- ------------------------------------------
APRIL 3*
TO
DECEMBER 31, YEAR ENDED DECEMBER 31,
----------- ------------------------------------------
1995 1995 1994 1993
----------- ------------ ------------ ------------
<S> <C> <C> <C> <C>
INCREASE (DECREASE) IN
NET ASSETS:
FROM OPERATIONS:
Net investment income..... $ 159,029 $ (1,434,289) $ (1,544,537) $ (990,881)
Net realized gain (loss).. 50,951 73,464,436 (6,075,250) 61,036,469
Change in unrealized
appreciation/
depreciation on
investments............. 667,906 49,509,800 (4,424,670) (18,699,749)
----------- ------------ ------------ ------------
Net increase (decrease)
from operations......... 877,886 121,539,947 (12,044,457) 41,345,839
----------- ------------ ------------ ------------
FROM POLICY-RELATED
TRANSACTIONS:
Net premiums (Note 3)..... 2,028,670 121,962,483 101,932,221 77,930,596
Benefits and other
policy-related
transactions (Note 3)... (339,723) (63,165,185) (48,604,650) (39,462,340)
Net transfers among
divisions............... 9,885,952 19,367,834 4,346,636 (73,890,214)
----------- ------------ ------------ ------------
Net increase (decrease)
from policy-related
transactions............ 11,574,899 78,165,132 57,674,207 (35,421,958)
----------- ------------ ------------ ------------
NET (INCREASE) DECREASE IN
AMOUNT RETAINED BY
EQUITABLE VARIABLE IN
SEPARATE ACCOUNT FP
(Note 4).................. (20,847) (188,813) 35,791 (2,220)
----------- ------------ ------------ ------------
INCREASE IN NET ASSETS...... 12,431,938 199,516,266 45,665,541 5,921,661
NET ASSETS, BEGINNING OF
PERIOD.................... 0 355,671,865 310,006,324 304,084,663
----------- ------------ ------------ ------------
NET ASSETS, END OF
PERIOD.................... $12,431,938 $555,188,131 $355,671,865 $310,006,324
=========== ============ ============ ============
</TABLE>
See Notes to Financial Statements.
*Commencement of Operations
FSA-10
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF CHANGES IN NET ASSETS (CONCLUDED)
<TABLE>
<CAPTION>
ASSET ALLOCATION SERIES
-----------------------------------------------------------------------------------------
CONSERVATIVE INVESTORS DIVISION BALANCED DIVISION
------------------------------------------- ------------------------------------------
YEAR ENDED DECEMBER 31, YEAR ENDED DECEMBER 31,
------------------------------------------- ------------------------------------------
1995 1994 1993 1995 1994 1993
------------- ------------ ------------ ------------ ------------ ------------
<S> <C> <C> <C> <C> <C> <C>
INCREASE (DECREASE) IN NET ASSETS:
FROM OPERATIONS:
Net investment income.............. $ 7,247,815 $ 5,455,410 $ 3,537,367 $ 10,038,346 $ 8,453,977 $ 8,015,051
Net realized gain (loss)........... 689,721 (421,502) 4,743,456 8,427,606 858,164 21,727,736
Change in unrealized appreciation/
depreciation on investments...... 19,129,817 (10,682,734) (308,575) 45,976,062 (40,839,536) 7,887,761
------------ ------------ ------------ ------------ ------------ ------------
Net increase (decrease)
from operations.................. 27,067,353 (5,648,826) 7,972,248 64,442,014 (31,527,395) 37,630,548
------------ ------------ ------------ ------------ ------------ ------------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3).............. 41,419,959 48,492,315 43,782,002 63,451,955 70,116,900 67,351,402
Benefits and other policy-related
transactions (Note 3)............ (22,866,003) (21,612,430) (17,644,077) (48,742,571) (45,655,363) (44,497,967)
Net transfers among divisions...... (3,379,296) (2,076,793) 6,165,330 (18,908,540) (19,954,097) (6,834,099)
------------ ------------ ------------ ------------ ------------ ------------
Net increase (decrease) from
policy-related transactions...... 15,174,660 24,803,092 32,303,255 (4,199,156) 4,507,440 16,019,336
------------ ------------ ------------ ------------ ------------ ------------
NET (INCREASE) DECREASE IN AMOUNT
RETAINED BY EQUITABLE VARIABLE
IN SEPARATE ACCOUNT FP (Note 4).... (95,412) 22,600 18,535 (93,214) 47,322 256,506
------------ ------------ ------------ ------------ ------------ ------------
INCREASE (DECREASE) IN NET ASSETS.... 42,146,601 19,176,866 40,294,038 60,149,644 (26,972,633) 53,906,390
NET ASSETS, BEGINNING OF PERIOD...... 129,940,498 110,763,632 70,469,594 338,415,565 365,388,198 311,481,808
------------ ------------ ------------ ------------ ------------ ------------
NET ASSETS, END OF PERIOD............ $172,087,099 $129,940,498 $110,763,632 $398,565,209 $338,415,565 $365,388,198
============ ============ ============ ============ ============ ============
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
ASSET ALLOCATION SERIES
--------------------------------------------
GROWTH INVESTORS DIVISION
--------------------------------------------
YEAR ENDED DECEMBER 31,
--------------------------------------------
1995 1994 1993
------------ ------------ ------------
<S> <C> <C> <C>
INCREASE (DECREASE) IN NET ASSETS:
FROM OPERATIONS:
Net investment income.............. $ 13,059,547 $ 8,667,457 $ 4,648,111
Net realized gain (loss)........... 9,174,038 241,591 14,676,909
Change in unrealized appreciation/
depreciation on investments...... 82,556,566 (21,338,297) 7,820,864
------------ ------------ ------------
Net increase (decrease)
from operations.................. 104,790,151 (12,429,249) 27,145,884
------------ ------------ ------------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3).............. 155,616,059 139,140,391 105,136,825
Benefits and other policy-related
transactions (Note 3)............ (68,357,709) (54,863,821) (36,431,873)
Net transfers among divisions...... (3,269,896) 20,294,785 30,908,183
------------ ------------ ------------
Net increase (decrease) from
policy-related transactions...... 83,988,454 104,571,355 99,613,135
------------ ------------ ------------
NET (INCREASE) DECREASE IN AMOUNT
RETAINED BY EQUITABLE VARIABLE
IN SEPARATE ACCOUNT FP (Note 4).... (120,493) 15,372 (27,455)
------------ ------------ ------------
INCREASE (DECREASE) IN NET ASSETS.... 188,658,112 92,157,478 126,731,564
NET ASSETS, BEGINNING OF PERIOD...... 367,219,554 275,062,076 148,330,512
------------ ------------ ------------
NET ASSETS, END OF PERIOD............ $555,877,666 $367,219,554 $275,062,076
============ ============ ============
</TABLE>
See Notes to Financial Statements.
FSA-11
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 1995
1. General
Equitable Variable Life Insurance Company (Equitable Variable Life), a
wholly-owned subsidiary of The Equitable Life Assurance Society of the
United States (Equitable Life), established Separate Account FP (the
Account) as a unit investment trust registered with the Securities and
Exchange Commission under the Investment Company Act of 1940. The Account
consists of thirteen investment divisions: the Money Market Division, the
Intermediate Government Securities Division, the High Yield Division, the
Balanced Division, the Common Stock Division, the Global Division, the
Aggressive Stock Division, the Conservative Investors Division, the Growth
Investors Division, the Growth & Income Division, the Quality Bond Division,
the Equity Index Division and the International Division. The assets in each
Division are invested in shares of a designated portfolio (Portfolio) of a
mutual fund, The Hudson River Trust (the Trust). Each Portfolio has separate
investment objectives.
The Account supports the operations of Incentive Life,(TM) flexible premium
variable life insurance policies, Incentive Life 2000,(TM) flexible premium
variable life insurance policies, Champion 2000,(TM) modified premium
variable whole life insurance policies, Survivorship 2000,(TM) flexible
premium joint survivorship variable life insurance policies, Incentive Life
Plus,(TM) flexible premium variable life insurance policies and SP-Flex,(TM)
variable life insurance policies with additional premium option,
collectively, the Policies, and the Incentive Life 2000, Champion 2000 and
Survivorship 2000 policies are referred to as the Series 2000 Policies.
Incentive Life policies offered with the prospectus dated September 15,
1995, are referred to as Incentive Life Plus Second Series. Incentive Life
Plus policies issued with a prior prospectus are referred to as Incentive
Life Plus Original Series. All Policies are issued by Equitable Variable.
The assets of the Account are the property of Equitable Variable. However,
the portion of the Account's assets attributable to the Policies will not be
chargeable with liabilities arising out of any other business Equitable
Variable may conduct.
Policyowners may allocate amounts in their individual accounts to the
Divisions of the Account and/or (except for SP-Flex policies) to the
guaranteed interest division of Equitable Variable Life's General Account.
Net transfers to the guaranteed interest division of the General Account and
other Separate Accounts of $6,569,372, $35,120,632 and $125,668,098 for the
years ended 1995, 1994 and 1993, respectively, are included in Net Transfers
Among Divisions. The net assets of any Division of the Account may not be
less than the aggregate of the policyowners' accounts allocated to that
Division. Additional assets are set aside in Equitable Variable Life's
General Account to provide for (1) the unearned portion of the monthly
charges for mortality costs, and (2) other policy benefits, as required
under the state insurance law.
2. Significant Accounting Policies
The accompanying financial statements are prepared in conformity with
generally accepted accounting principles (GAAP). The preparation of
financial statements in conformity with GAAP requires management to make
estimates and assumptions that affect the reported amounts of assets and
liabilities and disclosure of contingent assets and liabilities at the date
of the financial statements and the reported amounts of revenues and
expenses during the reporting period. Actual results could differ from those
estimates.
Investments are made in shares of the Trust and are valued at the net asset
values per share of the respective Portfolios. The net asset value is
determined by the Trust using the market or fair value of the underlying
assets of the Portfolio.
Investment transactions are recorded on the trade date. Realized gains and
losses include gains and losses on redemptions of the Trust's shares
(determined on the identified cost basis) and Trust distributions
representing the net realized gains on Trust investment transactions.
The operations of the Account are included in the consolidated Federal
income tax return of Equitable Life. Under the provisions of the Policies,
Equitable Variable Life has the right to charge the Account for Federal
income tax attributable to the Account. No charge is currently being made
against the Account for such tax since, under current tax law, Equitable
Variable Life pays no tax on investment income and capital gains reflected
in variable life insurance policy reserves. However, Equitable Variable Life
retains the right to charge for any Federal income tax incurred which is
attributable to the Account if the law is changed. Charges for state and
local taxes, if any, attributable to the Account also may be made.
Dividends are recorded as income at the end of each quarter on the
ex-dividend date. Capital gains are distributed by the Trust at the end of
each year.
3. Asset Charges
Under the Policies, Equitable Variable Life assumes mortality and expense
risks and, to cover these risks, deducts charges from the assets of the
Account currently at annual rates of 0.60% of the net assets attributable to
Incentive Life, Incentive Life 2000, Incentive Life Plus Second Series and
Champion 2000 policyowners, 0.90% of net assets attributable to Survivorship
2000 policyowners, and 0.85% for SP-Flex policyowners. Incentive Life Plus
Original Series deducts this charge from the Policy Account. Under SP-Flex,
Equitable Variable Life also deducts charges from the assets of the Account
for mortality and administrative costs of 0.60% and 0.35%, respectively, of
net assets attributable to SP-Flex policies.
FSA-12
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
DECEMBER 31, 1995
Under Incentive Life, Incentive Life Plus and the Series 2000 Policies,
mortality and administrative costs are charged in a different manner than
SP-Flex policies (see Notes 4 and 5).
Before amounts are allocated to the Account for Incentive Life, Incentive
Life Plus and the Series 2000 Policies, Equitable Variable Life deducts a
charge for taxes and either an initial policy fee (Incentive Life) or a
premium sales charge (Incentive Life Plus and Series 2000 Policies) from
premiums. Under SP-Flex, the entire initial premium is allocated to the
Account. Before any additional premiums under SP-Flex are allocated to the
Account, an administrative charge is deducted.
The amounts attributable to Incentive Life, Incentive Life Plus and the
Series 2000 policyowners' accounts are charged monthly by Equitable Variable
Life for mortality and administrative costs. These charges are withdrawn
from the Account along with amounts for additional benefits. Under the
Policies, amounts for certain policy-related transactions (such as policy
loans and surrenders) are transferred out of the Separate Account.
4. Amounts Retained by Equitable Variable Life in Separate Account FP
The amount retained by Equitable Variable Life in the Account arises
principally from (1) contributions from Equitable Variable Life, and (2)
that portion, determined ratably, of the Account's investment results
applicable to those assets in the Account in excess of the net assets for
the Policies. Amounts retained by Equitable Variable Life are not subject to
charges for mortality and expense risks or mortality and administrative
costs.
Amounts retained by Equitable Variable Life in the Account may be
transferred at any time by Equitable Variable Life to its General Account.
The following table shows the surplus contributions (withdrawals) by
Equitable Variable Life by investment division:
<TABLE>
<CAPTION>
INVESTMENT DIVISION 1995 1994 1993
------------------- ----------- ----------- ----------
<S> <C> <C> <C>
Common Stock $ (630,000) -- --
Money Market (250,000) -- $1,145,000
Balanced -- -- --
Aggressive Stock (350,000) -- --
High Yield (100,000) -- 330,000
Global (130,000) -- (6,895,000)
Conservative Investors -- -- 575,000
Growth Investors -- -- 130,000
Short-Term World Income -- $(5,165,329) --
Intermediate Government Securities (165,000) -- --
Growth & Income (685,000) -- 1,000,000
Quality Bond (4,800,000) -- 5,000,000
Equity Index -- 200,000 --
International 200,000 -- --
----------- ----------- ----------
$(6,910,000) $(4,965,329) $1,285,000
=========== =========== ==========
</TABLE>
5. Distribution and Servicing Agreements
Equitable Variable Life has entered into a Distribution and Servicing
Agreement with Equitable Life and Equico Securities Inc. (Equico), whereby
registered representatives of Equico, authorized as variable life insurance
agents under applicable state insurance laws, sell the Policies. The
registered representatives are compensated on a commission basis by
Equitable Life.
Equitable Variable Life also has entered into an agreement with Equitable
Life under which Equitable Life performs the administrative services related
to the Policies, including underwriting and issuance, billings and
collections, and policyowner services. There is no charge to the Account
related to this agreement.
6. Share Substitution
On February 22, 1994, Equitable Variable Life, the Account and the Trust
substituted shares of the Trust's Intermediate Government Securities
Portfolio for shares of the Trust's Short-Term World Income Portfolio. The
amount transferred to Intermediate Government Securities Portfolio was
$2,192,109. The statements of operations and statements of changes in net
assets for the Intermediate Government Securities Portfolio is combined with
the Short-Term World Income Portfolio for periods prior to the merger on
February 22, 1994. The Short-Term World Income Division is not available for
future investment.
FSA-13
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
DECEMBER 31, 1995
7. Investment Returns
The Separate Account rates of return attributable to Incentive Life,
Incentive Life 2000, Incentive Life Plus Second Series and Champion 2000
policyowners are different than those attributable to Survivorship 2000,
Incentive Life Plus Original Series and to SP-Flex policyowners because
asset charges are deducted at different rates under each policy (see Note
3).
The tables on this page and the following pages show the gross and net
investment returns with respect to the Divisions for the periods shown. The
net return for each Division is based upon net assets for a policy whose
policy commences with the beginning date of such period and is not based on
the average net assets in the Division during such period. Gross return is
equal to the total return earned by the underlying Trust investment.
RATES OF RETURN:
INCENTIVE LIFE,
- --------------
INCENTIVE LIFE 2000,
- --------------------
INCENTIVE LIFE PLUS SECOND SERIES
- ---------------------------------
AND CHAMPION 2000*
- -----------------
<TABLE>
<CAPTION>
JANUARY 26(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
----------------------------------------------------------------------------------------------------
MONEY MARKET DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986
- --------------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 5.74 % 4.02 % 3.00 % 3.56 % 6.18 % 8.24 % 9.18 % 7.32 % 6.63 % 6.05 %
Net return................ 5.11 % 3.39 % 2.35 % 2.94 % 5.55 % 7.59 % 8.53 % 6.68 % 5.99 % 5.47 %
</TABLE>
APRIL 1(A) TO
INTERMEDIATE YEAR ENDED DECEMBER 31, DECEMBER 31,
GOVERNMENT -----------------------------------------------
SECURITIES DIVISION 1995 1994 1993 1992 1991
- ------------------- ---- ---- ---- ---- ----
Gross return.............. 13.33 % (4.37)% 10.58 % 5.60 % 12.26 %
Net return................ 12.65 % (4.95)% 9.88 % 4.96 % 11.60 %
YEAR ENDED OCTOBER 1(A)
DECEMBER 31, DECEMBER 31,
----------------------------------
QUALITY BOND DIVISION 1995 1994 1993
- --------------------- ---- ---- ----
Gross return.............. 17.02 % (5.10)% (0.51)%
Net return................ 16.32 % (5.67)% (0.66)%
<TABLE>
<CAPTION>
JANUARY 26(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
----------------------------------------------------------------------------------------------------
HIGH YIELD DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986
- ------------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 19.92 % (2.79)% 23.15 % 12.31 % 24.46 % (1.12)% 5.13 % 9.73 % 4.68 % --
Net return................ 19.20 % (3.37)% 22.41 % 11.64 % 23.72 % (1.71)% 4.50 % 9.08 % 4.05 % --
</TABLE>
YEAR ENDED OCTOBER 1(A) TO
DECEMBER 31, DECEMBER 31,
----------------------------------
GROWTH & INCOME DIVISION 1995 1994 1993
- ------------------------- ---- ---- ----
Gross return.............. 24.07 % (0.58)% (0.25)%
Net return................ 23.33 % (1.17)% (0.41)%
YEAR ENDED MARCH 31(A) TO
DECEMBER 31, DECEMBER 31,
-----------------------------------
EQUITY INDEX DIVISION 1995 1994
- --------------------- ---- ----
Gross return.............. 36.48 % 1.08 %
Net return................ 35.66 % 0.58 %
- -------------------------------
* Sales of Incentive Life 2000 and Champion 2000 commenced on March 2, 1992.
Sales of Incentive Life Plus Second Series commenced on September 15, 1995.
(a) Date as of which net premiums under the policies were first allocated to the
Division. The gross return and the net return for the periods indicated are
not annual rates of return.
FSA-14
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
DECEMBER 31, 1995
<TABLE>
<CAPTION>
JANUARY 26(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
----------------------------------------------------------------------------------------------------
COMMON STOCK DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986
- --------------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 32.45 % (2.14)% 24.84 % 3.22 % 37.88 % (8.12)% 25.59 % 22.43 % 7.49 % 15.65 %
Net return................ 31.66 % (2.73)% 24.08 % 2.60 % 37.06 % (8.67)% 24.84 % 21.70 % 6.84 % 15.01 %
</TABLE>
<TABLE>
<CAPTION>
AUGUST 31(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
-------------------------------------------------------------------------------------------
GLOBAL DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987
- --------------- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 18.81 % 5.23 % 32.09 % (0.50)% 30.55 % (6.07)% 26.93 % 10.88 % (13.27)%
Net return................ 18.11 % 4.60 % 31.33 % (1.10)% 29.77 % (6.63)% 26.17 % 10.22 % (13.45)%
</TABLE>
APRIL 3(A)
TO
DECEMBER 31,
INTERNATIONAL DIVISION 1995
- ---------------------- ----------
Gross return.............. 11.29 %
Net return................ 10.79 %
<TABLE>
<CAPTION>
JANUARY 26(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
----------------------------------------------------------------------------------------------------
AGGRESSIVE STOCK DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986
- -------------------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 31.63 % (3.81)% 16.77 % (3.16)% 86.86 % 8.17 % 43.50 % 1.17 % 7.31 % 35.88 %
Net return................ 30.85 % (4.39)% 16.05 % (3.74)% 85.75 % 7.51 % 42.64 % 0.53 % 6.66 % 35.13 %
</TABLE>
<TABLE>
<CAPTION>
JANUARY 26(A) TO
ASSET ALLOCATION SERIES YEAR ENDED DECEMBER 31, DECEMBER 31,
------------------------------------------------------------------------------------------------------
BALANCED DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986
- ----------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 19.75 % (8.02)% 12.28 % (2.84)% 41.26 % 0.24 % 25.83 % 13.27 % (0.85)% 29.07 %
Net return................ 19.03 % (8.57)% 11.64 % (3.42)% 40.42 % (0.36)% 25.08 % 12.59 % (1.45)% 28.34 %
</TABLE>
<TABLE>
<CAPTION>
OCTOBER 2(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
CONSERVATIVE --------------------------------------------------------------------------------
INVESTORS DIVISION 1995 1994 1993 1992 1991 1990 1989
- ------------------ ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 20.40 % (4.10)% 10.76 % 5.72 % 19.87 % 6.37 % 3.09 %
Net return................ 19.68 % (4.67)% 10.15 % 5.09 % 19.16 % 5.73 % 2.94 %
</TABLE>
<TABLE>
<CAPTION>
GROWTH INVESTORS DIVISION 1995 1994 1993 1992 1991 1990 1989
- ------------------------- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 26.37 % (3.15)% 15.26 % 4.90 % 48.89 % 10.66 % 3.98 %
Net return................ 25.62 % (3.73)% 14.58 % 4.27 % 48.01 % 10.00 % 3.82 %
</TABLE>
- ----------------------------
* Sales of Incentive Life 2000 and Champion 2000 commenced on March 2, 1992.
(a) Date as of which net premiums under the policies were first allocated to the
Division. The gross return and the net return for the periods indicated are
not annual rates of return.
RATES OF RETURN:
SURVIVORSHIP 2000
- -----------------
AUGUST 17(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
---------------------------------------------------
MONEY MARKET DIVISION 1995 1994 1993 1992
- --------------------- ---- ---- ---- ----
Gross return.............. 5.74 % 4.02 % 3.00 % 1.11 %
Net return................ 4.80 % 3.08 % 2.04 % 0.77 %
INTERMEDIATE GOVERNMENT
SECURITIES DIVISION 1995 1994 1993 1992
- ------------------- ---- ---- ---- ----
Gross return.............. 13.33 % (4.37)% 10.58 % 0.90 %
Net return................ 12.31 % (5.23)% 9.55 % 0.56 %
- ----------
(a) Date as of which net premiums under the policies were first allocated to the
Division. The gross return and the net return for the periods indicated are
not annual rates of return.
FSA-15
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
DECEMBER 31, 1995
OCTOBER 1(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
------------------------------------------------
QUALITY BOND DIVISION 1995 1994 1993
- --------------------- ---- ---- ----
Gross return.............. 17.02 % (5.10)% (0.51)%
Net return................ 15.97 % (5.95)% (0.73)%
AUGUST 17(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
---------------------------------------------------
HIGH YIELD DIVISION 1995 1994 1993 1992
- ------------------- ---- ---- ---- ----
Gross return.............. 19.92 % (2.79)% 23.15 % 1.84 %
Net return................ 18.84 % (3.66)% 22.04 % 1.50 %
OCTOBER 1(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
--------------------------------------------------
GROWTH & INCOME DIVISION 1995 1994 1993
- ------------------------ ---- ---- ----
Gross return.............. 24.07 % (0.58)% (0.25)%
Net return................ 22.96 % (1.47)% (0.48)%
YEAR ENDED MARCH 1(A) TO
DECEMBER 31, DECEMBER 31,
------------------------------
EQUITY INDEX DIVISION 1995 1994
- --------------------- ---- ----
Gross return.............. 36.48 % 1.08 %
Net return................ 35.26 % 0.33 %
AUGUST 17(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
---------------------------------------------------
COMMON STOCK DIVISION 1995 1994 1993 1992
- --------------------- ---- ---- ---- ----
Gross return.............. 32.45 % (2.14)% 24.84 % 5.28 %
Net return................ 31.26 % (3.02)% 23.70 % 4.93 %
GLOBAL DIVISION
- ---------------
Gross return.............. 18.81 % 5.23 % 32.09 % 4.87 %
Net return................ 17.75 % 4.29 % 30.93 % 4.52 %
APRIL 3(A) TO
DECEMBER 31,
----------------
INTERNATIONAL DIVISION 1995
- ---------------------- ----
Gross return.............. 11.29 %
Net return................ 10.55 %
AUGUST 17(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
---------------------------------------------------
AGGRESSIVE STOCK DIVISION 1995 1994 1993 1992
- ------------------------- ---- ---- ---- ----
Gross return.............. 31.63 % (3.81)% 16.77 % 11.49 %
Net return................ 30.46 % (4.68)% 15.70 % 11.11 %
ASSET ALLOCATION SERIES
AUGUST 17(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
CONSERVATIVE INVESTORS --------------------------------------------------
DIVISION 1995 1994 1993 1992
- -------- ---- ---- ---- ----
Gross return.............. 20.40 % (4.10)% 10.76 % 1.38 %
Net return................ 19.32 % (4.96)% 9.81 % 1.04 %
BALANCED DIVISION 1995 1994 1993 1992
- ----------------- ---- ---- ---- ----
Gross return.............. 19.75 % (8.02)% 12.28 % 5.37 %
Net return................ 18.68 % (8.84)% 11.30 % 5.02 %
GROWTH INVESTORS DIVISION 1995 1994 1993 1992
- ------------------------- ---- ---- ---- ----
Gross return.............. 26.37 % (3.15)% 15.26 % 6.89 %
Net return................ 25.24 % (4.02)% 14.24 % 6.53 %
- ----------
(a) Date as of which net premiums under the policies were first allocated to the
Division. The gross return and the net return for the periods indicated are
not annual rates of return.
FSA-16
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
DECEMBER 31,1995
RATES OF RETURN:
INCENTIVE LIFE PLUS ORIGINAL SERIES*(B)
- ---------------------------------------
YEAR ENDED DECEMBER 31,
-------------------------
1995
----
Money Market Division ........... 5.69%
Intermediate Government
Securities Division ............. 13.31%
Quality Bond Division ........... 17.13%
High Yield Division ............. 19.95%
Growth & Income Division ........ 24.38%
Equity Index Division ........... 36.53%
Common Stock Division ........... 33.07%
Global Division ................. 19.38%
APRIL 30 TO DECEMBER 31,
------------------------
1995
----
International Division .......... 11.29%
YEAR ENDED DECEMBER 31,
------------------------
1995
----
Aggressive Stock Division ....... 33.00%
ASSET ALLOCATION SERIES .........
YEAR ENDED DECEMBER 31,
------------------------
1995
----
Conservative Investors Division . 20.59%
Balanced Division ............... 20.32%
Growth Investors Division ....... 26.92%
- --------------------
*Sales of Incentive Life Plus Original Series commenced on January 6, 1995.
(b) There are no Separate Account asset charges for this policy and therefore
the gross and net rates of return are the same. The rate of return for the
period indicated is not an annual rate of return.
FSA-17
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
DECEMBER 31,1995
RATES OF RETURN:
SP-FLEX
- -------
<TABLE>
<CAPTION>
AUGUST 31(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
-------------------------------------------------------------------------------------------
MONEY MARKET DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987
- --------------------- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 5.74 % 4.02 % 3.00 % 3.56 % 6.17 % 8.24 % 9.18 % 7.32 % 2.15 %
Net return................ 3.86 % 2.17 % 1.13 % 1.71 % 4.29 % 6.30 % 7.24 % 5.41 % 1.62 %
</TABLE>
APRIL 1(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
INTERMEDIATE GOVERNMENT --------------------------------------------------
SECURITIES DIVISION 1995 1994 1993 1992 1991
- ------------------- ---- ---- ---- ---- ----
Gross return.............. 13.33 % (4.37) % 10.58 % 5.60 % 12.10 %
Net return................ 11.31 % (6.08) % 8.57 % 3.71 % 10.59 %
YEAR ENDED SEPTEMBER 1(A) TO
DECEMBER 31, DECEMBER 31,
-------------------------------
QUALITY BOND DIVISION 1995 1994
- --------------------- ---- ----
Gross return.............. 17.02 % (2.20)%
Net return................ 14.94 % (2.35)%
<TABLE>
<CAPTION>
AUGUST 31(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
-------------------------------------------------------------------------------------------
HIGH YIELD DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987
- ------------------- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 19.92 % (2.79)% 23.15 % 12.31 % 24.46 % (1.12)% 5.13 % 9.73 % 1.95 %
Net return................ 17.79 % (4.52)% 20.96 % 10.30 % 22.25 % (2.89)% 3.26 % 7.78 % 1.39 %
</TABLE>
YEAR ENDED SEPTEMBER 1(A) TO
DECEMBER 31, DECEMBER 31,
---------------------------------
GROWTH & INCOME DIVISION 1995 1994
- ------------------------ ---- ----
Gross return.............. 24.07 % (3.40)%
Net return................ 21.87 % (3.55)%
EQUITY INDEX DIVISION 1995 1994
- --------------------- ---- ----
Gross return.............. 36.48 % (2.54)%
Net return................ 34.06 % (2.69)%
<TABLE>
<CAPTION>
AUGUST 31(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
--------------------------------------------------------------------------------------------
COMMON STOCK DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987
- --------------------- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 32.45 % 2.14 % 24.84 % 3.23 % 37.87 % (8.12)% 25.59 % 22.43 % (22.57)%
Net return................ 30.10 % (3.88)% 22.60 % 1.38 % 35.43 % (9.76)% 23.36 % 20.26 % (23.00)%
GLOBAL DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987
- --------------- ---- ---- ---- ---- ---- ---- ---- ---- ----
Gross return.............. 18.81 % 5.23 % 32.09 % (0.50)% 30.55 % (6.07)% 26.93 % 10.88 % (11.40)%
Net return................ 16.70 % 3.36 % 29.77 % (2.28)% 28.23 % (7.75)% 24.67 % 8.90 % (11.86)%
</TABLE>
APRIL 3(A) TO
DECEMBER 31,
-------------
INTERNATIONAL DIVISION 1995
- ---------------------- ----
Gross return.............. 11.29 %
Net return................ 9.82 %
<TABLE>
<CAPTION>
AUGUST 31(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
--------------------------------------------------------------------------------------------
AGGRESSIVE STOCK DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987
- ------------------------- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 31.63 % 3.81 % 16.77 % (3.16)% 86.86 % 8.17 % 43.50 % 1.17 % (24.28)%
Net return................ 29.30 % (5.53)% 14.67 % (4.89)% 83.54 % 6.23 % 40.95 % (0.66)% (24.68)%
</TABLE>
- ------------------------------
(a) Date as of which net premiums under the policies were first allocated to the
Division. The gross return and the net return for the periods indicated are
not annual rates of return.
FSA-18
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
DECEMBER 31, 1995
ASSET ALLOCATION SERIES
YEAR ENDED SEPTEMBER 1(A) TO
DECEMBER 31, DECEMBER 31,
CONSERVATIVE INVESTORS ---------------------------------------
DIVISION 1995 1994
- -------- ---- ----
Gross return.......... 20.40 % (1.83)%
Net return............ 18.26 % (1.98)%
<TABLE>
<CAPTION>
AUGUST 31(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
-------------------------------------------------------------------------------------------------
BALANCED DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987
- ----------------- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.......... 19.75 % (8.02)% 12.28 % (2.83)% 41.27 % 0.24 % 25.83 % 13.27 % (20.26)%
Net return............ 17.62 % (9.66)% 10.31 % (4.57)% 38.75 % (1.56)% 23.59 % 11.25 % (20.71)%
</TABLE>
YEAR ENDED SEPTEMBER 1(A) TO
DECEMBER 31, DECEMBER 31,
GROWTH INVESTORS ------------------------------------
DIVISION 1995 1994
- -------- ---- ----
Gross return........... 26.37 % (3.16)%
Net return............. 24.12 % (3.31)%
- -------------------------
(a) Date as of which net premiums under the policies were first allocated to
the Division. The gross return and the net return for the periods indicated
are not annual rates of return.
8. Subsequent Event
On September 19, 1996 the Board of Directors of Equitable Life approved an
Agreement and Plan of Merger by and between Equitable Life and Equitable
Variable Life (the "Merger Agreement"). The merger is expected to be
effective on January 1, 1997, subject to receipt of all necessary regulatory
approvals. On that date, and in accordance with the provisions of the Merger
Agreement, the separate existence of Equitable Variable Life will cease and
Equitable Life will survive the merger. From and after the effective date of
the merger, Equitable Life will be liable in place of Equitable Variable
Life for the liabilities and obligations of Equitable Variable Life,
including liabilities under policies and contracts issued by Equitable
Variable Life, and all of Equitable Variable Life's assets will become
assets of Equitable Life.
FSA-19
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF ASSETS AND LIABILITIES
SEPTEMBER 30, 1996 (UNAUDITED)
<TABLE>
<CAPTION>
FIXED INCOME SERIES EQUITY SERIES
------------------------------------------------------------------ -------------------------------
INTERMEDIATE
MONEY GOVERNMENT QUALITY HIGH GROWTH & EQUITY COMMON
MARKET SECURITIES BOND YIELD INCOME INDEX STOCK
FUND FUND FUND FUND FUND FUND FUND
------------ ------------ -------------- ------------ ------------- --------------- --------------
ASSETS
<S> <C> <C> <C> <C> <C> <C> <C>
Investments in shares of
The Hudson River
Trust -- at market
value (Notes 2 and 6)
Cost: $165,564,928....... $165,937,243
43,750,516....... $43,305,378
154,236,243....... $147,904,622
87,558,526....... $95,912,162
27,455,859....... $31,071,304
97,100,736....... $119,477,987
1,194,664,886....... $1,481,486,712
351,595,598.......
33,337,481.......
661,363,283.......
166,617,325.......
381,690,336.......
608,848,116.......
Receivable for shares of
The Hudson River
Trust ................ -- 25,723 95,980 -- -- -- --
Receivable for policy-
related transactions 3,827,870 -- -- -- 86,467 196,738 --
------------ ----------- ------------ ----------- ----------- ------------ --------------
Total Assets ............. 169,765,113 43,331,101 148,000,602 95,912,162 31,157,771 119,674,725 1,481,486,712
------------ ----------- ------------ ----------- ----------- ------------ --------------
LIABILITIES
Payable for purchases of
shares of The Hudson
River Trust .......... 3,912,050 -- -- 43,386 93,070 199,909 197,381
Payable for policy-
related transactions -- 43,270 154,723 3,328 -- -- 169,260
Amount retained by
Equitable Variable
in Separate Account
FP (Note 4) .......... 574,980 528,646 633,857 688,420 579,643 313,444 1,309,288
------------ ----------- ------------ ----------- ----------- ------------ --------------
Total Liabilities ........ 4,487,030 571,916 788,580 735,134 672,713 513,353 1,675,929
------------ ----------- ------------ ----------- ----------- ------------ --------------
NET ASSETS ATTRIBUTABLE
TO POLICYOWNERS ...... $165,278,083 $42,759,185 $147,212,022 $95,177,028 $30,485,058 $119,161,372 $1,479,810,783
============ =========== ============ =========== =========== ============ ==============
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
EQUITY SERIES ASSET ALLOCATION SERIES
------------------------------------------- -------------------------------------------
AGGRESSIVE CONSERVATIVE GROWTH
GLOBAL INTERNATIONAL STOCK INVESTORS BALANCED INVESTORS
FUND FUND FUND FUND FUND FUND
-------------- ------------- ------------- ------------- -------------- --------------
ASSETS
<S> <C> <C> <C> <C> <C> <C>
Investments in shares of
The Hudson River
Trust -- at market
value (Notes 2 and 6)
Cost: $165,564,928.......
43,750,516.......
154,236,243.......
87,558,526.......
27,455,859.......
97,100,736.......
1,194,664,886.......
351,595,598....... $403,967,887
33,337,481....... $35,007,334
661,363,283....... $745,660,006
166,617,325....... $170,418,342
381,690,336....... $415,550,419
608,848,116....... $659,684,627
Receivable for shares of
The Hudson River
Trust ................ -- -- 3,329,166 98,112 207,444 --
Receivable for policy-
related transactions 368,849 120,728 -- -- -- --
------------ ----------- ------------ ------------ ------------ ------------
Total Assets ............. 404,336,736 35,128,062 748,989,172 170,516,454 415,757,863 659,684,627
------------ ----------- ------------ ------------ ------------ ------------
LIABILITIES
Payable for purchases of
shares of The Hudson
River Trust .......... 181,369 96,161 -- -- -- 250,106
Payable for policy-
related transactions -- -- 3,650,196 129,358 478,338 78,373
Amount retained by
Equitable Variable
in Separate Account
FP (Note 4) .......... 576,659 237,480 715,086 584,802 690,475 677,559
------------ ----------- ------------ ------------ ------------ ------------
Total Liabilities ........ 758,028 333,641 4,365,282 714,160 1,168,813 1,006,038
------------ ----------- ------------ ------------ ------------ ------------
NET ASSETS ATTRIBUTABLE
TO POLICYOWNERS ...... $403,578,708 $34,794,421 $744,623,890 $169,802,294 $414,589,050 $658,678,589
============ =========== ============ ============ ============ ============
See Notes to Financial Statements.
</TABLE>
FSA-20
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF OPERATIONS
FOR NINE MONTHS ENDED SEPTEMBER 30,
(UNAUDITED)
<TABLE>
<CAPTION>
INTERMEDIATE GOVERNMENT
MONEY MARKET FUND SECURITIES FUND
-------------------------- -------------------------
1996 1995 1996 1995
----------- ---------- ---------- ----------
<S> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust ............ $ 6,300,108 $6,517,222 $1,696,840 $1,479,090
Expenses (Note 3):
Mortality and expense risk charges ............... 738,965 647,879 177,582 143,478
----------- ---------- ---------- ----------
NET INVESTMENT INCOME .................................... 5,561,143 5,869,343 1,519,258 1,335,612
----------- ---------- ---------- ----------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments .............. (149,139) (208,460) (408,620) (768,233)
Realized gain distribution from
The Hudson River Trust ........................ -- -- -- --
----------- ---------- ---------- ----------
NET REALIZED GAIN (LOSS) ................................. (149,139) (208,460) (408,620) (768,233)
----------- ---------- ---------- ----------
Unrealized appreciation (depreciation) on investments:
Beginning of period .............................. 89,976 32,760 145,522 2,736,863
End of period .................................... 372,315 (240,472) (445,138) (463,025)
----------- ---------- ---------- ----------
Change in unrealized appreciation (depreciation)
during the period ................................ 282,339 (273,232) (590,660) 2,273,838
----------- ---------- ---------- ----------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS ....................................... 133,200 (481,692) (999,280) 1,505,605
----------- ---------- ---------- ----------
NET INCREASE IN NET ASSETS RESULTING .....................
FROM OPERATIONS ...................................... $ 5,694,343 $5,387,651 $ 519,978 $2,841,217
=========== ========== ========== ==========
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
QUALITY BOND FUND HIGH YIELD FUND
-------------------------- -------------------------
1996 1995 1996 1995
---------- ----------- ---------- ----------
<S> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust ............ $6,372,295 $ 6,057,328 $6,020,378 $4,515,142
Expenses (Note 3):
Mortality and expense risk charges ............... 639,290 564,909 365,819 266,220
---------- ----------- ---------- ----------
NET INVESTMENT INCOME .................................... 5,733,005 5,492,419 5,654,559 4,248,922
---------- ----------- ---------- ----------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments .............. (220,874) (377,247) 372,478 (275,035)
Realized gain distribution from
The Hudson River Trust ........................ -- -- 3,227,791 --
---------- ----------- ---------- ----------
NET REALIZED GAIN (LOSS) ................................. (220,874) (377,247) 3,600,269 (275,035)
---------- ----------- ---------- ----------
Unrealized appreciation (depreciation) on investments:
Beginning of period .............................. (2,105,676) (15,521,200) 3,823,981 (873,103)
End of period .................................... (6,331,621) (6,084,645) 8,353,636 2,942,319
---------- ----------- ---------- ----------
Change in unrealized appreciation (depreciation)
during the period ................................ (4,225,945) 9,436,555 4,529,655 3,815,422
---------- ----------- ---------- ----------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS ....................................... (4,446,819) 9,059,308 8,129,924 3,540,387
---------- ----------- ---------- ----------
NET INCREASE IN NET ASSETS RESULTING .....................
FROM OPERATIONS ...................................... $1,286,186 $14,551,727 $13,784,483 $7,789,309
========== =========== =========== ==========
</TABLE>
See Notes to Financial Statements.
FSA-21
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF OPERATIONS (CONTINUED)
FOR NINE MONTHS ENDED SEPTEMBER 30,
(UNAUDITED)
<TABLE>
<CAPTION>
GROWTH & INCOME EQUITY INDEX
FUND FUND
------------------------- ----------------------------
1996 1995 1996 1995
---------- ---------- ----------- -----------
<S> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust ............ $ 381,846 $ 257,323 $ 1,390,087 $ 651,968
Expenses (Note 3):
Mortality and expense risk charges ............... 105,544 45,104 415,358 191,805
---------- ---------- ----------- -----------
NET INVESTMENT INCOME .................................... 276,302 212,219 974,729 460,163
---------- ---------- ----------- -----------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments .............. (4,941) (1,023) (21,227) (9)
Realized gain distribution from
The Hudson River Trust ........................ 568,408 -- 338,110 --
---------- ---------- ----------- -----------
NET REALIZED GAIN (LOSS) ................................. 563,467 (1,023) 316,883 (9)
---------- ---------- ----------- -----------
Unrealized appreciation (depreciation) on investments:
Beginning of period .............................. 2,123,346 (141,585) 12,451,765 (399,286)
End of period .................................... 3,615,445 1,604,757 22,377,251 9,547,751
---------- ---------- ----------- -----------
Change in unrealized appreciation (depreciation)
during the period ................................ 1,492,099 1,746,342 9,925,486 9,947,037
---------- ---------- ----------- -----------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS ....................................... 2,055,566 1,745,319 10,242,369 9,947,028
---------- ---------- ----------- -----------
NET INCREASE IN NET ASSETS RESULTING
FROM OPERATIONS ...................................... $2,331,868 $1,957,538 $11,217,098 $10,407,191
========== ========== =========== ===========
</TABLE>
See Notes to Financial Statements.
*Commencement of operations on April 3.
<TABLE>
<CAPTION>
COMMON STOCK GLOBAL STOCK
FUND FUND
----------------------------- ----------------------------
1996 1995 1996 1995
------------ ------------ ----------- -----------
<S> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust ............ $ 9,004,982 $ 9,752,460 $ 4,146,524 $ 4,033,348
Expenses (Note 3):
Mortality and expense risk charges ............... 5,915,587 4,375,532 1,674,106 1,255,121
------------ ------------ ----------- -----------
NET INVESTMENT INCOME .................................... 3,089,395 5,376,928 2,472,418 2,778,227
------------ ------------ ----------- -----------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments .............. 5,062,716 14,917,528 2,370,310 2,236,458
Realized gain distribution from
The Hudson River Trust ........................ 61,461,578 -- 9,397,912 --
------------ ------------ ----------- -----------
NET REALIZED GAIN (LOSS) ................................. 66,524,294 14,917,528 11,768,222 2,236,458
------------ ------------ ----------- -----------
Unrealized appreciation (depreciation) on investments:
Beginning of period .............................. 181,824,279 (2,048,649) 36,525,596 3,049,444
End of period .................................... 286,821,826 222,292,389 52,372,289 39,743,464
------------ ------------ ----------- -----------
Change in unrealized appreciation (depreciation)
during the period ................................ 104,997,547 224,341,038 15,846,693 36,694,020
------------ ------------ ----------- -----------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS ....................................... 171,521,841 239,258,566 27,614,915 38,930,478
------------ ------------ ----------- -----------
NET INCREASE IN NET ASSETS RESULTING
FROM OPERATIONS ...................................... $174,611,236 $244,635,494 $30,087,333 $41,708,705
============ ============ =========== ===========
</TABLE>
See Notes to Financial Statements.
*Commencement of operations on April 3.
<TABLE>
<CAPTION>
INTERNATIONAL
FUND
-----------------------
1996 1995*
---------- --------
<S> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust ............ $ 268,735 $ 56,215
Expenses (Note 3):
Mortality and expense risk charges ............... 107,106 20,602
---------- --------
NET INVESTMENT INCOME .................................... 161,629 35,613
---------- --------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments .............. (17,105) (275)
Realized gain distribution from
The Hudson River Trust ........................ 312,086 --
---------- --------
NET REALIZED GAIN (LOSS) ................................. 294,981 (275)
---------- --------
Unrealized appreciation (depreciation) on investments:
Beginning of period .............................. 667,906 --
End of period .................................... 1,669,853 435,057
---------- --------
Change in unrealized appreciation (depreciation)
during the period ................................ 1,001,947 435,057
---------- --------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS ....................................... 1,296,928 434,782
---------- --------
NET INCREASE IN NET ASSETS RESULTING
FROM OPERATIONS ...................................... $1,458,557 $470,395
========== ========
</TABLE>
See Notes to Financial Statements.
*Commencement of operations on April 3.
FSA-22
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF OPERATIONS (CONCLUDED)
FOR NINE MONTHS ENDED SEPTEMBER 30,
(UNAUDITED)
<TABLE>
<CAPTION>
ASSET ALLOCATION SERIES
------------------------------
CONSERVATIVE INVESTORS
AGGRESSIVE STOCK FUND FUND
-------------------------------- ------------------------------
1996 1995 1996 1995
------------- ------------- ------------ ------------
<S> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust ............ $ 1,105,507 $ 1,083,866 $ 5,867,240 $ 6,040,445
Expenses (Note 3):
Mortality and expense risk charges ............... 2,923,580 1,915,033 777,140 666,346
------------- ------------- ------------ ------------
NET INVESTMENT INCOME .................................... (1,818,073) (831,167) 5,090,100 5,374,099
------------- ------------- ------------ ------------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments .............. 23,657,174 4,846,290 (560,234) (379,912)
Realized gain distribution from
The Hudson River Trust ........................ 85,627,087 -- 2,804,963 --
------------- ------------- ------------ ------------
NET REALIZED GAIN (LOSS) ................................. 109,284,261 4,846,290 2,244,729 (379,912)
------------- ------------- ------------ ------------
Unrealized appreciation (depreciation) on investments:
Beginning of period .............................. 80,271,118 11,560,966 10,362,120 (8,767,697)
End of period .................................... 84,296,723 105,041,544 3,801,017 5,707,618
------------- ------------- ------------ ------------
Change in unrealized appreciation (depreciation)
during the period ................................ 4,025,605 93,480,578 (6,561,103) 14,475,315
------------- ------------- ------------ ------------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS ....................................... 113,309,866 98,326,868 (4,316,374) 14,095,403
------------- ------------- ------------ ------------
NET INCREASE IN NET ASSETS RESULTING
FROM OPERATIONS ...................................... $ 111,491,793 $ 97,495,701 $ 773,726 $ 19,469,502
============= ============= ============ ============
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
ASSET ALLOCATION SERIES
----------------------------------------------------------------
BALANCED FUND GROWTH INVESTORS FUND
------------------------------- ------------------------------
1996 1995 1996 1995
------------- ------------- ------------ -------------
<S> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust ............ $ 9,585,426 $ 9,067,337 $ 10,945,015 $ 11,331,010
Expenses (Note 3):
Mortality and expense risk charges ............... 1,833,659 1,639,489 2,710,777 1,986,105
------------ ------------ ------------ ------------
NET INVESTMENT INCOME .................................... 7,751,767 7,427,848 8,234,238 9,344,905
------------ ------------ ------------ ------------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments .............. (913,215) (1,988,151) 894,207 1,539,280
Realized gain distribution from
The Hudson River Trust ........................ 26,596,466 -- 63,035,263 --
------------ ------------ ------------ ------------
NET REALIZED GAIN (LOSS) ................................. 25,683,251 (1,988,151) 63,929,470 1,539,280
------------ ------------ ------------ ------------
Unrealized appreciation (depreciation) on investments:
Beginning of period .............................. 43,097,187 (2,878,875) 81,785,873 (770,693)
End of period .................................... 33,860,083 42,508,029 50,836,511 73,394,942
------------ ------------ ------------ ------------
Change in unrealized appreciation (depreciation)
during the period ................................ (9,237,104) 45,386,904 (30,949,362) 74,165,635
------------ ------------ ------------ ------------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS ....................................... 16,446,147 43,398,753 32,980,108 75,704,915
------------ ------------ ------------ ------------
NET INCREASE IN NET ASSETS RESULTING
FROM OPERATIONS ...................................... $ 24,197,914 $ 50,826,601 $ 41,214,346 $ 85,049,820
============ ============ ============ ============
</TABLE>
See Notes to Financial Statements.
FSA-23
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF CHANGES IN NET ASSETS
FOR NINE MONTHS ENDED SEPTEMBER 30,
(UNAUDITED)
<TABLE>
<CAPTION>
Intermediate Government
MONEY MARKET FUND Securities Fund
-------------------------------- -----------------------------
1996 1995 1996 1995
-------------- ------------- ------------ ------------
INCREASE (DECREASE) IN NET ASSETS ATTRIBUTABLE
TO POLICYOWNERS:
FROM OPERATIONS:
<S> <C> <C> <C> <C>
Net investment income .................... $ 5,561,143 $ 5,869,343 $ 1,519,258 $ 1,335,612
Net realized gain (loss) ................. (149,139) (208,460) (408,620) (768,233)
Change in unrealized appreciation
(depreciation) on investments ........ 282,339 (273,232) (590,660) 2,273,838
------------- ------------- ------------ ------------
Net increase (decrease)
from operations ...................... 5,694,343 5,387,651 519,978 2,841,217
------------- ------------- ------------ ------------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3) .................... 73,901,686 70,231,391 7,713,294 8,391,577
Benefits and other policy-related
transactions (Note 3) ................ (27,123,574) (29,452,310) (5,367,810 (4,950,311)
Net transfers among Funds ................ (94,267,163) 17,093,189 2,756,705 136,079
------------- ------------- ------------ ------------
Net increase (decrease) from
policy-related transactions .......... (47,489,051) 57,872,270 5,102,189 3,577,345
------------- ------------- ------------ ------------
NET (INCREASE) DECREASE IN AMOUNT
RETAINED BY EQUITABLE VARIABLE IN
SEPARATE ACCOUNT FP (Note 4) ............. (60,740) (30,797) (12,026) (55,730)
------------- ------------- ------------ ------------
INCREASE (DECREASE) IN NET ASSETS ATTRIBUTABLE
TO POLICYHOLDERS ......................... (41,855,448) 63,229,124 5,610,141 6,362,832
NET ASSETS ATTRIBUTABLE TO POLICYOWNERS,
BEGINNING OF PERIOD ...................... 207,133,531 137,496,085 37,149,044 27,654,075
------------- ------------- ------------ -----------
NET ASSETS ATTRIBUTABLE TO POLICYOWNERS,
END OF PERIOD ............................ $ 165,278,083 $ 200,725,209 $42,729,185 $34,016,907
============= ============= ============ ===========
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
QUALITY BOND FUND HIGH YIELD FUND
------------------------------- ------------------------------
1996 1995 1996 1995
------------ ------------- ------------ ------------
INCREASE (DECREASE) IN NET ASSETS ATTRIBUTABLE
TO POLICYOWNERS:
FROM OPERATIONS:
<S> <C> <C> <C> <C>
Net investment income .................... $ 5,733,005 $ 5,492,419 $ 5,654,559 $ 4,248,922
Net realized gain (loss) ................. (220,874) (377,247) 3,600,269 (275,035)
Change in unrealized appreciation
(depreciation) on investments ........ (4,225,945) 9,436,555 4,529,655 3,815,422
------------ ------------- ------------ ------------
Net increase (decrease)
from operations ...................... 1,286,186 14,551,727 13,784,483 7,789,309
------------- ------------- ------------ ------------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3) .................... 4,698,961 1,895,869 13,765,625 11,553,599
Benefits and other policy-related
transactions (Note 3) ................ (2,816,687) (2,565,098) (7,942,483) (5,852,984)
Net transfers among Funds ................ 5,771,073 1,565,156 3,802,558 2,835,740
------------- ------------- ------------ ------------
Net increase (decrease) from
policy-related transactions .......... 7,653,347 895,927 9,625,700 8,536,355
------------- ------------- ------------ ------------
NET (INCREASE) DECREASE IN AMOUNT
RETAINED BY EQUITABLE VARIABLE IN
SEPARATE ACCOUNT FP (Note 4) ............. (14,957) (583,778) (164,117) (77,962)
------------- ------------- ------------ ------------
INCREASE (DECREASE) IN NET ASSETS ATTRIBUTABLE
TO POLICYHOLDERS ......................... 8,924,576 14,863,876 23,246,066 16,247,702
NET ASSETS ATTRIBUTABLE TO POLICYOWNERS,
BEGINNING OF PERIOD ...................... 138,287,446 117,236,472 71,930,962 49,454,901
------------- ------------- ------------ ------------
NET ASSETS ATTRIBUTABLE TO POLICYOWNERS,
END OF PERIOD ............................ $ 147,212,022 $ 132,100,348 $ 95,177,028 $ 65,702,603
============= ============= ============ ============
</TABLE>
See Notes to Financial Statements.
FSA-24
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF CHANGES IN NET ASSETS (CONTINUED)
FOR NINE MONTHS ENDED SEPTEMBER 30,
(UNAUDITED)
<TABLE>
<CAPTION>
GROWTH & INCOME FUND EQUITY INDEX FUND
------------------------------ -------------------------------
1996 1995 1996 1995*
------------ ------------ ------------- ------------
INCREASE (DECREASE) IN NET ASSETS
ATTRIBUTABLE TO POLICYOWNERS:
FROM OPERATIONS:
<S> <C> <C> <C> <C>
Net investment income ............ $ 276,302 $ 212,219 $ 974,729 $ 460,163
Net realized gain (loss) ......... 563,467 (1,023) 316,883 (9)
Change in unrealized appreciation
(depreciation) on investments 1,492,099 1,746,342 9,925,486 9,947,037
------------ ------------ ------------- -----------
Net increase (decrease)
from operations .............. 2,331,868 1,957,538 11,217,098 10,407,191
------------ ------------ ------------- ------------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3) ............ 8,373,294 4,359,667 24,299,229 6,034,578
Benefits and other policy-related
transactions (Note 3) ........ (2,102,400) (961,902) (5,365,898) (1,188,165)
Net transfers among Funds ........ 3,316,994 3,789,319 17,429,345 13,078,752
------------ ------------- ------------ ------------
Net increase from Assets
policy-related transactions .. 9,587,888 7,187,084 36,362,676 17,925,165
------------ ------------- ------------- ------------
NET (INCREASE) DECREASE IN AMOUNT
RETAINED BY EQUITABLE VARIABLE IN
SEPARATE ACCOUNT FP (Note 4) ..... (53,011) (195,384) (42,017) (57,807)
------------ ------------ ------------- ------------
INCREASE IN NET ASSETS ATTRIBUTABLE
TO POLICYHOLDERS ................. 11,866,745 8,949,238 47,537,757 28,274,549
NET ASSETS ATTRIBUTABLE TO
POLICYOWNERS, BEGINNING OF PERIOD 18,618,313 5,908,383 71,623,615 31,125,403
------------- ------------ ------------- ------------
NET ASSETS ATTRIBUTABLE TO
POLICYOWNERS, END OF PERIOD ..... $ 30,485,058 $ 14,857,621 $ 119,161,372 $ 59,399,952
============ ============ ============= ============
</TABLE>
See Notes to Financial Statements.
*Commencement of operations on April 3.
<TABLE>
<CAPTION>
COMMON STOCK FUND GLOBAL STOCK FUND
------------------------------------ -------------------------------
1996 1995 1996 1995
--------------- --------------- ------------- -------------
INCREASE (DECREASE) IN NET ASSETS
ATTRIBUTABLE TO POLICYOWNERS:
FROM OPERATIONS:
<S> <C> <C> <C> <C>
Net investment income ............ $ 3,089,395 $ 5,376,928 $ 2,472,418 $ 2,778,227
Net realized gain (loss) ......... 66,524,294 14,917,528 11,768,222 2,236,458
Change in unrealized appreciation
(depreciation) on investments 104,997,547 224,341,038 15,846,693 36,694,020
--------------- --------------- ------------- -------------
Net increase (decrease)
from operations .............. 174,611,236 244,635,494 30,087,333 41,708,705
--------------- --------------- ------------- -------------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3) ............ 202,074,526 160,014,740 73,729,435 72,248,903
Benefits and other policy-related
transactions (Note 3) ........ (112,009,732) (86,608,436) (31,604,430) (26,985,045)
Net transfers among Funds ........ 68,835,712 (38,614,310) (2,060,721) (10,330,932)
--------------- --------------- ------------- -------------
Net increase from Assets
policy-related transactions .. 158,900,506 34,791,994 40,064,284 34,932,926
--------------- --------------- ------------- -------------
NET (INCREASE) DECREASE IN AMOUNT
RETAINED BY EQUITABLE VARIABLE IN
SEPARATE ACCOUNT FP (Note 4) ..... (286,233) (371,006) (69,929) (89,566)
--------------- --------------- ------------- -------------
INCREASE IN NET ASSETS ATTRIBUTABLE
TO POLICYHOLDERS ................. 333,225,509 279,056,482 70,081,688 76,552,065
NET ASSETS ATTRIBUTABLE TO
POLICYOWNERS, BEGINNING OF PERIOD 1,146,585,274 811,006,200 333,497,020 241,838,471
---------------- --------------- ------------- -------------
NET ASSETS ATTRIBUTABLE TO
POLICYOWNERS, END OF PERIOD ..... $ 1,479,810,783 $ 1,090,062,682 $ 403,578,708 $ 318,390,536
=============== =============== ============= =============
</TABLE>
See Notes to Financial Statements.
*Commencement of operations on April 3.
INTERNATIONAL FUND
-----------------------------
1996 1995*
------------ -----------
INCREASE (DECREASE) IN NET ASSETS
ATTRIBUTABLE TO POLICYOWNERS:
FROM OPERATIONS:
Net investment income ............ $ 161,629 $ 35,613
Net realized gain (loss) ......... 294,981 (275)
Change in unrealized appreciation
(depreciation) on investments 1,001,947 435,057
------------ -----------
Net increase (decrease)
from operations .............. 1,458,557 470,395
------------ -----------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3) ............ 8,182,092 804,351
Benefits and other policy-related
transactions (Note 3) ........ (1,516,547) (150,197)
Net transfers among Funds ........ 14,255,013 7,399,293
------------ -----------
Net increase from Assets
policy-related transactions .. 20,920,558 8,053,447
------------ -----------
NET (INCREASE) DECREASE IN AMOUNT
RETAINED BY EQUITABLE VARIABLE IN
SEPARATE ACCOUNT FP (Note 4) ..... (16,632) (13,498)
------------ -----------
INCREASE IN NET ASSETS ATTRIBUTABLE
TO POLICYHOLDERS ................. 22,362,483 8,510,344
NET ASSETS ATTRIBUTABLE TO
POLICYOWNERS, BEGINNING OF PERIOD 12,431,938 0
------------- -----------
NET ASSETS ATTRIBUTABLE TO
POLICYOWNERS, END OF PERIOD ..... $ 34,794,421 $ 8,510,344
============ ===========
See Notes to Financial Statements.
*Commencement of operations on April 3.
FSA-25
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF CHANGES IN NET ASSETS (CONCLUDED)
FOR NINE MONTHS ENDED SEPTEMBER 30,
(UNAUDITED)
<TABLE>
<CAPTION>
ASSET ALLOCATION SERIES
-------------------------------
AGGRESSIVE STOCK CONSERVATIVE INVESTORS
FUND FUND
-------------------------------- -------------------------------
1996 1995 1996 1995
------------- ------------- ------------- -------------
INCREASE (DECREASE) IN NET ASSETS
ATTRIBUTABLE TO POLICYOWNERS:
FROM OPERATIONS:
<S> <C> <C> <C> <C>
Net investment income ............... $ (1,818,073) $ (831,167) $ 5,090,100 $ 5,374,099
Net realized gain (loss) ............ 109,284,261 4,846,290 2,244,729 (379,912)
Change in unrealized appreciation
(depreciation) on investments ... 4,025,605 93,480,578 (6,561,103) 14,475,315
------------- ------------- ------------- -------------
Net increase (decrease)
from operations ................. 111,491,793 97,495,701 773,726 19,469,502
------------- ------------- ------------- -------------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3) ............... 122,205,511 89,700,780 29,624,479 31,286,054
Benefits and other policy-related
transactions (Note 3) ........... (61,714,088) (46,154,214) (19,045,888) (17,525,531)
Net transfers among Funds ........... 17,647,426 15,707,464 (13,623,081) (2,274,604)
------------- ------------- ------------- -------------
Net increase (decrease) from
policy-related transactions ..... 78,138,849 59,254,030 (3,044,490) 11,485,919
------------- ----------- ------------- -------------
NET (INCREASE) DECREASE IN AMOUNT
RETAINED BY EQUITABLE VARIABLE IN
SEPARATE ACCOUNT FP (Note 4) ........ (194,883) (172,982) (14,041) (72,273)
------------- ------------- ------------- -------------
INCREASE (DECREASE) IN NET ASSETS
ATTRIBUTABLE TO POLICYHOLDERS ....... 189,435,759 156,576,749 (2,284,805) 30,883,148
NET ASSETS ATTRIBUTABLE TO POLICYOWNERS,
BEGINNING OF PERIOD................. 555,188,131 355,671,865 172,087,099 129,940,498
------------- ------------- ------------- -------------
NET ASSETS ATTRIBUTABLE TO POLICYOWNERS,
END OF PERIOD ....................... $ 744,623,890 $ 512,248,614 $ 169,802,294 $ 160,823,646
============= ============= ============= =============
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
ASSET ALLOCATION SERIES
-------------------------------------------------------------------
GROWTH INVESTORS
BALANCED FUND FUND
------------------------------- -------------------------------
1996 1995 1996 1995
------------- ------------- ------------- -------------
INCREASE (DECREASE) IN NET ASSETS
ATTRIBUTABLE TO POLICYOWNERS:
FROM OPERATIONS:
<S> <C> <C> <C> <C>
Net investment income ............... $ 7,751,767 $ 7,427,848 $ 8,234,238 $ 9,344,905
Net realized gain (loss) ............ 25,683,251 (1,988,151) 63,929,470 1,539,280
Change in unrealized appreciation
(depreciation) on investments ... (9,237,104) 45,386,904 (30,949,362) 74,165,635
------------- ------------- ------------- -------------
Net increase (decrease)
from operations ................. 24,197,914 50,826,601 41,214,346 85,049,820
------------- ------------- ------------- -------------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3) ............... 47,887,117 49,301,601 122,316,625 118,766,910
Benefits and other policy-related
transactions (Note 3) ........... (38,894,806) (37,166,454) (60,278,616) (49,995,250)
Net transfers among Funds ........... (17,062,769) (13,985,044) (376,762) (4,344,785)
------------- ------------- ------------- -------------
Net increase (decrease) from
policy-related transactions ..... (8,070,458) (1,849,897) 61,661,247 64,426,875
------------- ------------- ------------- -------------
NET (INCREASE) DECREASE IN AMOUNT
RETAINED BY EQUITABLE VARIABLE IN
SEPARATE ACCOUNT FP (Note 4) ........ (103,615) (79,293) (74,670) (107,675)
------------- ------------- ------------- -------------
INCREASE (DECREASE) IN NET ASSETS
ATTRIBUTABLE TO POLICYHOLDERS ....... 16,023,841 48,897,411 102,800,923 149,369,020
NET ASSETS ATTRIBUTABLE TO POLICYOWNERS,
BEGINNING OF PERIOD................. 398,565,209 338,415,565 555,877,666 367,219,554
------------- ------------- ------------- -------------
NET ASSETS ATTRIBUTABLE TO POLICYOWNERS,
END OF PERIOD ....................... $ 414,589,050 $ 387,312,976 $ 658,678,589 $ 516,588,574
============= ============= ============= =============
</TABLE>
See Notes to Financial Statements.
FSA-26
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS (UNAUDITED)
SEPTEMBER 30, 1996
1. General
Equitable Variable Life Insurance Company (Equitable Variable Life), a
wholly-owned subsidiary of The Equitable Life Assurance Society of the
United States (Equitable Life), established Separate Account FP (the
Account) as a unit investment trust registered with the Securities and
Exchange Commission under the Investment Company Act of 1940. The Account
consists of thirteen investment funds: the Money Market Fund, the
Intermediate Government Securities Fund, the High Yield Fund, the Balanced
Fund, the Common Stock Fund, the Global Fund, the Aggressive Stock Fund,
the Conservative Investors Fund, the Growth Investors Fund, the Growth &
Income Fund, the Quality Bond Fund, the Equity Index Fund and the
International Fund. The assets in each Fund are invested in shares of a
designated portfolio (Portfolio) of a mutual fund, The Hudson River Trust
(the Trust). Each Portfolio has separate investment objectives.
The Account supports the operations of Incentive Life, flexible premium
variable life insurance policies, Incentive Life 2000, flexible premium
variable life insurance policies, Champion 2000, modified premium variable
whole life insurance policies, Survivorship 2000, flexible premium joint
survivorship variable life insurance policies, Incentive Life Plus,(SM)
flexible premium variable life insurance policies, IL Protector,(SM)
flexible premium variable life insurance policies, IL COLI II, flexible
premium variable life insurance policies, and SP-Flex, variable life
insurance policies with additional premium option, collectively, the
Policies, and the Incentive Life 2000, Champion 2000 and Survivorship 2000
policies are referred to as the Series 2000 Policies. Incentive Life Plus
policies offered with a prospectus dated on or after September 15, 1995,
are referred to as Incentive Life Plus Second Series. Incentive Life Plus
policies issued with a prior prospectus are referred to as Incentive Life
Plus Original Series. All Policies are issued by Equitable Variable. The
assets of the Account are the property of Equitable Variable. However, the
portion of the Account's assets attributable to the Policies will not be
chargeable with liabilities arising out of any other business Equitable
Variable may conduct.
Policyowners may allocate amounts in their individual accounts to the
Funds of the Account and/or (except for SP-Flex policies) to the
guaranteed interest fund of Equitable Variable Life's General Account. Net
transfers to (from) the guaranteed interest fund of the General Account
and other Separate Accounts of ($6,424,330) and $7,944,683 for the nine
months ended 1996 and 1995, respectively, are included in Net Transfers
Among Funds. The net assets of any Fund of the Account may not be less
than the aggregate of the policyowners' accounts allocated to that Fund.
Additional assets are set aside in Equitable Variable Life's General
Account to provide for (1) the unearned portion of the monthly charges for
mortality costs, and (2) other policy benefits, as required under the
state insurance law.
2. Significant Accounting Policies
The accompanying financial statements are prepared in conformity with
generally accepted accounting principles (GAAP). The preparation of
financial statements in conformity with GAAP requires management to make
estimates and assumptions that affect the reported amounts of assets and
liabilities and disclosure of contingent assets and liabilities at the
date of the financial statements and the reported amounts of revenues and
expenses during the reporting period. Actual results could differ from
those estimates. These statements should be read in conjunction with the
financial statements of Separate Account FP for the year ended December
31, 1995. The results of operations for the nine months ended September
30, 1996 are not necessarily indicative of the results to be expected for
the full year.
Investments are made in shares of the Trust and are valued at the net
asset values per share of the respective Portfolios. The net asset value
is determined by the Trust using the market or fair value of the
underlying assets of the Portfolio.
Investment transactions are recorded on the trade date. Realized gains and
losses include gains and losses on redemptions of the Trust's shares
(determined on the identified cost basis) and Trust distributions
representing the net realized gains on Trust investment transactions.
The operations of the Account are included in the consolidated Federal
income tax return of Equitable Life. Under the provisions of the Policies,
Equitable Variable Life has the right to charge the Account for Federal
income tax attributable to the Account. No charge is currently being made
against the Account for such tax since, under current tax law, Equitable
Variable Life pays no tax on investment income and capital gains reflected
in variable life insurance policy reserves. However, Equitable Variable
Life retains the right to charge for any Federal income tax incurred which
is attributable to the Account if the law is changed. Charges for state
and local taxes, if any, attributable to the Account also may be made.
Dividends are recorded as income at the end of each quarter on the
ex-dividend date. Capital gains are distributed by the Trust at the end of
each year.
FSA-27
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS (UNAUDITED) -- (CONTINUED)
SEPTEMBER 30, 1996
3. Asset Charges
Under the Policies, Equitable Variable Life assumes mortality and expense
risks and, to cover these risks, deducts charges from the assets of the
Account currently at annual rates of 0.60% of the net assets attributable
to Incentive Life, Incentive Life 2000, Incentive Life Plus Second Series
and Champion 2000 policyowners, 0.90% of net assets attributable to
Survivorship 2000 policyowners, 0.80% for IL Protector policyowners, and
0.85% for SP-Flex policyowners. Incentive Life Plus Original Series, IL
COLI, and IL COLI II deduct this charge from the Policy Account. Under
SP-Flex, Equitable Variable Life also deducts charges from the assets of
the Account for mortality and administrative costs of 0.60% and 0.35%,
respectively, of net assets attributable to SP-Flex policies.
Under Incentive Life, Incentive Life Plus, the Series 2000 Policies, IL
Protector and IL COLI II mortality and administrative charges are assessed
in a different manner than SP-Flex policies (see Notes 4 and 5).
Before amounts are allocated to the Account for Incentive Life, Incentive
Life Plus, IL COLI, IL COLI II and the Series 2000 Policies, Equitable
Variable Life deducts a charge for taxes and either an initial policy fee
(Incentive Life) or a premium sales charge (Incentive Life Plus, IL COLI
II and Series 2000 Policies) from premiums. Under SP-Flex, the entire
initial premium is allocated to the Account. Before any additional
premiums under SP-Flex are allocated to the Account, an administrative
charge is deducted.
The amounts attributable to Incentive Life, Incentive Life Plus, IL
Protector, IL COLI, IL COLI II, and the Series 2000 policyowners' accounts
are assessed monthly by Equitable Variable Life with mortality and
administrative charges. These charges are withdrawn from the Account along
with amounts for additional benefits. Under the Policies, amounts for
certain policy-related transactions (such as policy loans and surrenders)
are transferred out of the Separate Account.
4. Amounts Retained by Equitable Variable Life in Separate Account FP
The amount retained by Equitable Variable Life in the Account arises
principally from (1) contributions from Equitable Variable Life, and (2)
that portion, determined ratably, of the Account's investment results
applicable to those assets in the Account in excess of the net assets for
the Policies. Amounts retained by Equitable Variable Life are not subject
to charges for mortality and expense risks or mortality and administrative
costs.
Amounts retained by Equitable Variable Life in the Account may be
transferred at any time by Equitable Variable Life to its General Account.
During the nine months ended September 30, 1995 surplus contribution of
$200,000 were made by EVLICO into the International Fund.
5. Distribution and Servicing Agreements
Equitable Variable Life has entered into a Distribution and Servicing
Agreement with Equitable Life and EQ Financial Consultants Inc., whereby
registered representatives of EQ Financial Consultants Inc., authorized as
variable life insurance agents under applicable state insurance laws, sell
the Policies. The registered representatives are compensated on a
commission basis by Equitable Life.
Equitable Variable Life also has entered into an agreement with Equitable
Life under which Equitable Life performs the administrative services
related to the Policies, including underwriting and issuance, billings and
collections, and policyowner services. There is no charge to the Account
related to this agreement.
6. Investment Returns
The Separate Account rates of return attributable to Incentive Life,
Incentive Life 2000, Incentive Life Plus Second Series and Champion 2000
policyowners are different than those attributable to Survivorship 2000,
Incentive Life Plus Original Series, IL Protector, IL COLI, IL COLI II and
to SP-Flex policyowners because asset charges are deducted at different
rates under each policy (see Note 3).
The tables on this page and the following pages show the gross and net
investment returns with respect to the Funds for the periods shown. The
net return for each Fund is based upon net assets for a policy whose
policy commences with the beginning date of such period and is not based
on the average net assets in the Fund during such period. Gross return is
equal to the total return earned by the underlying Trust investment.
FSA-28
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS (UNAUDITED) -- (CONTINUED)
RATES OF RETURN:
INCENTIVE LIFE
- --------------
INCENTIVE LIFE 2000*
- -------------------
INCENTIVE LIFE PLUS SECOND SERIES*
- ---------------------------------
AND CHAMPION 2000*
- ------------------
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) JANUARY 26(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
------------------- -------------------------------------------------------------- -------------------
MONEY MARKET FUND 1996 1995 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986
- ----------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return......... 3.91% 4.30% 5.74% 4.02% 3.00% 3.56% 6.18% 8.24% 9.18% 7.32% 6.63% 6.05%
Net return........... 3.44% 3.83% 5.11% 3.39% 2.35% 2.94% 5.55% 7.59% 8.53% 6.68% 5.99% 5.47%
</TABLE>
<TABLE>
<CAPTION>
INTERMEDIATE NINE MONTHS ENDED(B) APRIL 1(A)(B) TO
GOVERNMENT SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
SECURITIES FUND -------------------- -------------------------------------- ------------------
- --------------- 1996 1995 1995 1994 1993 1992 1991
---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C>
Gross return......... 1.71% 9.94% 13.33% (4.37)% 10.58% 5.60% 12.26%
Net return........... 1.25% 9.45% 12.65% (4.95)% 9.88% 4.96% 11.60%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) YEARS ENDED OCTOBER 1(A)(B) TO
SEPTEMBER 30, DECEMBER 31, DECEMBER 31,
-------------------- -------------------- -------------------
QUALITY BOND FUND 1996 1995 1995 1994 1993
- ----------------- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C>
Gross return......... 1.28% 12.37% 17.02% (5.10)% (0.51)%
Net return........... 0.82% 11.86% 16.32% (5.67)% (0.66)%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B)
SEPTEMBER 30, YEARS ENDED DECEMBER 31,
-------------------- ----------------------------------------------------------------------
HIGH YIELD FUND 1996 1995 1995 1994 1993 1992 1991 1990 1989 1988 1987
- --------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return......... 18.79% 14.89% 19.92% (2.79)% 23.15% 12.31% 24.46% (1.12)% 5.13% 9.73% 4.68%
Net return........... 18.25% 14.37% 19.20% (3.37)% 22.41% 11.64% 23.72% (1.71)% 4.50% 9.08% 4.05%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) YEARS ENDED OCTOBER 1(A)(B) TO
SEPTEMBER 30, DECEMBER 31, DECEMBER 31,
-------------------- --------------------- ----------------------
GROWTH & INCOME FUND 1996 1995 1995 1994 1993
- -------------------- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C>
Gross return......... 9.89% 19.76% 24.07% (0.58)% (0.25)%
Net return........... 9.39% 19.23% 23.33% (1.17)% (0.41)%
</TABLE>
<TABLE>
<CAPTION>
SEPTEMBER 30(A)(B)
NINE MONTHS ENDED(B) YEAR ENDED TO
SEPTEMBER 30, DECEMBER 31, DECEMBER 31,
------------------------- ----------------------- ----------------------
EQUITY INDEX FUND 1996 1995 1995 1994
- ----------------- ---- ---- ---- ----
<S> <C> <C> <C> <C>
Gross return........ 13.10% 28.97% 36.48% 1.08%
Net return.......... 12.59% 28.39% 35.66% 0.58%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) JANUARY 26(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
-------------------- ----------------------------------------------------------------------- ---------------
COMMON STOCK FUND 1996 1995 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986
- ----------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return......... 14.25% 28.99% 32.45% (2.14)% 24.84% 3.22% 37.88% (8.12)% 25.59% 22.43% 7.49% 15.65%
Net return........... 13.73% 28.42% 31.66% (2.73)% 24.08% 2.60% 37.06% (8.67)% 24.84% 21.70% 6.84% 15.01%
</TABLE>
- ------------------
*Sales of Incentive Life 2000 and Champion 2000 commenced on March 2, 1992.
Sales of Incentive Life Plus Second Series commenced on September 15, 1995.
(a) Date as of which net premiums under the policies were first allocated to the
Fund.
(b) The gross return and the net return for the periods indicated are not annual
rates of return.
FSA-29
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS (UNAUDITED) -- (CONTINUED)
RATES OF RETURN:
INCENTIVE LIFE
- --------------
INCENTIVE LIFE 2000*
- -------------------
INCENTIVE LIFE PLUS SECOND SERIES*
- ---------------------------------
AND CHAMPION 2000*
- ------------------
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) AUGUST 31(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
-------------------- ----------------------------------------------------------------- -----------------
GLOBAL FUND 1996 1995 1995 1994 1993 1992 1991 1990 1989 1988 1987
- ----------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.......... 8.96% 16.02% 18.81% 5.23% 32.09% (0.50)% 30.55% (6.07)% 26.93% 10.88% (13.27)%
Net return............ 8.47% 15.50% 18.11% 4.60% 31.33% (1.10)% 29.77% (6.63)% 26.17% 10.22% (13.45)%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) APRIL 3(A)(B) TO
SEPTEMBER 30, DECEMBER 31,
-------------------- ----------------
INTERNATIONAL FUND 1996 1995 1995
- ------------------ ---- ---- ----
<S> <C> <C> <C>
Gross return.......... 7.29% 5.71% 11.29%
Net return............ 6.80% 6.94% 10.79%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) JANUARY 26(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
-------------------- --------------------------------------------------------------------- ---------------
AGGRESSIVE STOCK FUND 1996 1995 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986
- --------------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.......... 19.52% 25.74% 31.63% (3.81)% 16.77% (3.16)% 86.86% 8.17% 43.50% 1.17% 7.31% 35.88%
Net return............ 18.98% 25.17% 30.85% (4.39)% 16.05% (3.74)% 85.75% 7.51% 42.64% 0.53% 6.66% 35.13%
</TABLE>
ASSET ALLOCATION SERIES
- -----------------------
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) JANUARY 26(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
-------------------- ------------------------------------------------------------------------ --------------
BALANCED FUND 1996 1995 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986
- ------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.......... 6.63% 15.50% 19.75% (8.02)% 12.28% (2.84)% 41.26% 0.24% 25.83% 13.27% (0.85)% 29.07%
Net return............ 6.15% 14.98% 19.03% (8.57)% 11.64% (3.42)% 40.42% (0.36)% 25.08% 12.59% (1.45)% 28.34%
</TABLE>
<TABLE>
<CAPTION>
CONSERVATIVE NINE MONTHS ENDED(B) OCTOBER 2(A)(B) TO
INVESTORS FUND SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
- -------------- ------------------ ----------------------------------------------------- ------------------
1996 1995 1995 1994 1993 1992 1991 1990 1989
---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.......... 0.94% 14.87% 20.40% (4.10)% 10.76% 5.72% 19.87% 6.37% 3.09%
Net return............ 0.48% 14.35% 19.68% (4.67)% 10.15% 5.09% 19.16% 5.73% 2.94%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) OCTOBER 2(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
-------------------- ---------------------------------------------------- -----------------
GROWTH INVESTORS FUND 1996 1995 1995 1994 1993 1992 1991 1990 1989
- --------------------- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.......... 7.39% 21.63% 26.37% (3.15)% 15.26% 4.90% 48.89% 10.66% 3.98%
Net return............ 6.90% 21.09% 25.62% (3.73)% 14.58% 4.27% 48.01% 10.00% 3.82%
</TABLE>
- ----------
*Sales of Incentive Life 2000 and Champion 2000 commenced on March 2, 1992.
Sales of Incentive Life Plus Second Series commenced on September 15, 1995.
(a) Date as of which net premiums under the policies were first allocated to the
Fund.
(b) The gross return and the net return for the periods indicated are not annual
rates of return.
FSA-30
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS (UNAUDITED) -- (CONTINUED)
RATES OF RETURN:
SURVIVORSHIP 2000
- -----------------
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) AUGUST 17(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
---------------------- -------------------------------- ---------------------
MONEY MARKET FUND 1996 1995 1995 1994 1993 1992
- ----------------- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C>
Gross return..................... 3.91% 4.30% 5.74% 4.02% 3.00% 1.11%
Net return....................... 3.20% 3.60% 4.80% 3.08% 2.04% 0.77%
INTERMEDIATE GOVERNMENT
SECURITIES FUND
- ---------------
Gross return..................... 1.71% 9.94% 13.33% (4.37)% 10.58% 0.90%
Net return....................... 1.02% 9.20% 12.31% (5.23)% 9.55% 0.56%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) OCTOBER 1(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
---------------------- ------------------------ ------------------
QUALITY BOND FUND 1996 1995 1995 1994 1993
- ----------------- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C>
Gross return..................... 1.28% 12.37% 17.02% (5.10)% (0.51)%
Net return....................... 0.59% 11.61% 15.97% (5.95)% (0.73)%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) AUGUST 17(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
--------------------- ----------------------------------------- -------------------
HIGH YIELD FUND 1996 1995 1995 1994 1993 1992
- --------------- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C>
Gross return..................... 18.79% 14.89% 19.92% (2.79)% 23.15% 1.84%
Net return....................... 17.98% 14.12% 18.84% (3.66)% 22.04% 1.50%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) OCTOBER 1(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
---------------------- ------------------------- -----------------------
GROWTH &
INCOME FUND 1996 1995 1995 1994 1993
- ----------- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C>
Gross return..................... 9.89% 19.76% 24.07% (0.58)% (0.25)%
Net return....................... 9.14% 18.96% 22.96% (1.47)% (0.48)%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) YEAR ENDED MARCH 1 (A)(B) TO
SEPTEMBER 30, DECEMBER 31, DECEMBER 31,
---------------------- ------------------ -------------------
EQUITY INDEX FUND 1996 1995 1995 1994
- ----------------- ---- ---- ---- ----
<S> <C> <C> <C> <C>
Gross return..................... 13.10% 28.97% 36.48% 1.08%
Net return....................... 12.33% 28.10% 35.26% 0.33%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) AUGUST 17(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
---------------------- -------------------------------------- ----------------------
COMMON STOCK FUND 1996 1995 1995 1994 1993 1992
- ----------------- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C>
Gross return..................... 14.25% 28.99% 32.45% (2.14)% 24.84% 5.28%
Net return....................... 13.47% 28.13% 31.26% (3.02)% 23.70% 4.93%
GLOBAL FUND
- -----------
Gross return..................... 8.96% 16.02% 18.81% 5.23% 32.09% 4.87%
Net return....................... 8.22% 15.25% 17.75% 4.29% 30.93% 4.52%
AGGRESSIVE STOCK FUND
- ---------------------
Gross return..................... 19.52% 25.74% 31.63% (3.81)% 16.77% 11.49%
Net return....................... 18.71% 24.89% 30.46% (4.68)% 15.70% 11.11%
</TABLE>
NINE MONTHS ENDED(B) APRIL 3(A)(B) TO
SEPTEMBER 30, DECEMBER 31,
---------------------- ------------------
INTERNATIONAL FUND 1996 1995 1995
- ------------------ ---- ---- ----
Gross return..................... 7.29% 5.71% 11.29%
Net return....................... 6.56% 6.78% 10.55%
ASSET ALLOCATION SERIES
- -----------------------
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) AUGUST 17(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
CONSERVATIVE ----------------------- ---------------------------------------- ----------------------
INVESTORS FUND 1996 1995 1995 1994 1993 1992
- -------------- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C>
Gross return..................... 0.94% 14.87% 20.40% (4.10)% 10.76% 1.38%
Net return....................... 0.25% 14.09% 19.32% (4.96)% 9.81% 1.04%
BALANCED FUND
- -------------
Gross return..................... 6.63% 15.50% 19.75% (8.02)% 12.28% 5.37%
Net return....................... 5.90% 14.72% 18.68% (8.84)% 11.30% 5.02%
GROWTH INVESTORS FUND
- ---------------------
Gross return..................... 7.39% 21.63% 26.37% (3.15)% 15.26% 6.89%
Net return....................... 6.65% 20.81% 25.24% (4.02)% 14.24% 6.53%
</TABLE>
- ----------
(a) Date as of which net premiums under the policies were first allocated to the
Fund.
(b) The gross return and the net return for the periods indicated are not annual
rates of return.
FSA-31
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS (UNAUDITED) -- (CONTINUED)
RATES OF RETURN:
INCENTIVE LIFE PLUS ORIGINAL SERIES*(A)
- -----------------------------------
IL COLI**(A)
- -------
<TABLE>
<CAPTION>
INCENTIVE LIFE PLUS ORIGINAL SERIES IL COLI
---------------------------------------------- -------------------------------------------------
NINE MONTHS NINE MONTHS
ENDED JANUARY 6 TO JANUARY 6 TO ENDED SEPTEMBER 15 TO SEPTEMBER 15 TO
SEPTEMBER 30, SEPTEMBER 30, DECEMBER 31, SEPTEMBER 30, SEPTEMBER 30, DECEMBER 31,
--------------- -------------- ------------- --------------- --------------- ---------------
1996 1995 1995 1996 1995 1995
---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C>
Money Market Fund........... 3.91% 4.25% 5.69% 3.91% 0.19% 1.58%
Intermediate Government
Securities Fund............. 1.71% 9.92% 13.31% 1.71% 0.00% 3.08%
Quality Bond Fund........... 1.28% 12.47% 17.13% 1.28% 0.16% 4.31%
High Yield Fund............. 18.79% 14.92% 19.95% 18.79% 0.31% 4.70%
Growth & Income Fund........ 9.89% 20.05% 24.38% 9.89% 0.30% 3.91%
Equity Index Fund........... 13.10% 29.01% 36.53% 13.10% 0.24% 6.08%
Common Stock Fund........... 14.25% 29.60% 33.07% 14.25% (1.13)% 1.51%
Global Fund................. 8.96% 16.57% 19.38% 8.96% 0.25% 2.67%
<CAPTION>
NINE MONTHS NINE MONTHS
ENDED APRIL 30 TO APRIL 30 TO ENDED APRIL 30 TO APRIL 30 TO
SEPTEMBER 30, SEPTEMBER 30, DECEMBER 31, SEPTEMBER 30, SEPTEMBER 30, DECEMBER 31,
--------------- -------------- ------------- --------------- --------------- ---------------
1996 1995 1995 1996 1995 1995
---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C>
International Fund.......... 7.29% 7.26% 11.29% 7.29% 0.71% 4.49%
<CAPTION>
NINE MONTHS NINE MONTHS
ENDED JANUARY 6 TO JANUARY 6 TO ENDED SEPTEMBER 15 TO SEPTEMBER 15 TO
SEPTEMBER 30, SEPTEMBER 30, DECEMBER 31, SEPTEMBER 30, SEPTEMBER 30, DECEMBER 31,
--------------- -------------- ------------- --------------- --------------- ---------------
1996 1995 1995 1996 1995 1995
---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C>
Aggressive Stock Fund....... 19.52% 27.02% 33.00% 19.52% (0.38)% 4.28%
ASSET ALLOCATION SERIES
<CAPTION>
NINE MONTHS NINE MONTHS
ENDED JANUARY 6 TO JANUARY 6 TO ENDED SEPTEMBER 15 TO SEPTEMBER 15
SEPTEMBER 30, SEPTEMBER 30, DECEMBER 31, SEPTEMBER 30, SEPTEMBER 30, DECEMBER 31,
--------------- -------------- ------------- --------------- --------------- ---------------
1996 1995 1995 1996 1995 1995
---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C>
Conservative Investors Fund.. 8.96% 15.05% 20.59% 8.96% 0.07% 4.91%
Balanced Fund................ 6.63% 16.05% 20.32% 6.63% (0.47)% 3.18%
Growth Investors Fund........ 7.39% 22.16% 26.92% 7.39% 0.90% 4.83%
</TABLE>
- ----------------------------
*Sales of Incentive Life Plus Original Series commenced on January 6, 1995.
**Sales of IL COLI commenced on September 15, 1995.
(a)There are no Separate Account asset charges for this policy and therefore
the gross and net rates of return are the same. The rates of return for the
periods indicated are not annual rates of return.
FSA-32
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS (UNAUDITED) -- (CONTINUED)
RATES OF RETURN:
SP-FLEX
- -------
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) AUGUST 31(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
-------------------- ------------------------------------------------------------ ----------------
MONEY MARKET FUND 1996 1995 1995 1994 1993 1992 1991 1990 1989 1988 1987
- ----------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return................. 3.91% 4.30% 5.74% 4.02% 3.00% 3.56% 6.17% 8.24% 9.18% 7.32% 2.15%
Net return................... 2.51% 2.91% 3.86% 2.17% 1.13% 1.71% 4.29% 6.30% 7.24% 5.41% 1.62%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) APRIL 1(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
INTERMEDIATE GOVERNMENT -------------------- --------------------------------- ------------------
SECURITIES FUND 1996 1995 1995 1994 1993 1992 1991
- --------------- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C>
Gross return................. 1.71% 9.94% 13.33% (4.37)% 10.58% 5.60% 12.10%
Net return................... 0.34% 8.47% 11.31% (6.08)% 8.57% 3.71% 10.59%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) YEAR ENDED SEPTEMBER 1(A)(B) TO
SEPTEMBER 30, DECEMBER 31, DECEMBER 31,
-------------------- ----------------- -------------------
QUALITY BOND FUND 1996 1995 1995 1994
- ----------------- ---- ---- ---- ----
<S> <C> <C> <C> <C>
Gross return................. 1.28% 12.37% 17.02% (2.20)%
Net return................... (0.09)% 10.86% 14.94% (2.35)%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) AUGUST 31(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
-------------------- --------------------------------------------------------------- ---------------
HIGH YIELD FUND 1996 1995 1995 1994 1993 1992 1991 1990 1989 1988 1987
- --------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return................. 18.79% 14.89% 19.92% (2.79)% 23.15% 12.31% 24.46% (1.12)% 5.13% 9.73% 1.95%
Net return................... 17.19% 13.35% 17.79% (4.52)% 20.96% 10.30% 22.25% (2.89)% 3.26% 7.78% 1.39%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) YEAR ENDED SEPTEMBER 1(A)(B) TO
SEPTEMBER 30, DECEMBER 31, DECEMBER 31,
GROWTH & -------------------- ------------------------------------
INCOME FUND 1996 1995 1995 1994
- ----------- ---- ---- ---- ----
<S> <C> <C> <C> <C>
Gross return................. 9.89% 19.76% 24.07% (3.40)%
Net return................... 8.40% 18.16% 21.87% (3.55)%
EQUITY INDEX FUND
- -----------------
Gross return................. 13.10% 28.97% 36.48% (2.54)%
Net return................... 11.58% 27.25% 34.06% (2.69)%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) AUGUST 31(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
-------------------- ---------------------------------------------------------------- --------------
COMMON STOCK FUND 1996 1995 1995 1994 1993 1992 1991 1990 1989 1988 1987
- ----------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return................. 14.25% 28.99% 32.45% (2.14)% 24.84% 3.23% 37.87% (8.12)% 25.59% 22.43% (22.57)%
Net return................... 12.70% 27.27% 30.10% (3.88)% 22.60% 1.38% 35.43% (9.76)% 23.36% 20.26% (23.00)%
GLOBAL FUND
- -----------
Gross return................. 8.96% 16.02% 18.81% 5.23% 32.09% (0.50)% 30.55% (6.07)% 26.93% 10.88% (11.40)%
Net return................... 7.49% 14.47% 16.70% 3.36% 29.77% (2.28)% 28.23% (7.75)% 24.67% 8.90% (11.86)%
</TABLE>
NINE MONTHS ENDED(B) APRIL 3(A)(B) TO
SEPTEMBER 30, DECEMBER 31,
-------------------- ---------------
INTERNATIONAL FUND 1996 1995 1995
- ------------------ ---- ---- ----
Gross return................ 7.29% 5.71% 11.29%
Net return.................. 5.84% 6.31% 9.82%
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) AUGUST 31(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
-------------------- ---------------------------------------------------------------- ----------------
AGGRESSIVE STOCK FUND 1996 1995 1995 1994 1993 1992 1991 1990 1989 1988 1987
- --------------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return................ 19.52% 25.74% 31.63% (3.81)% 16.77% (3.16)% 86.86% 8.17% 43.50% 1.17% (24.28)%
Net return.................. 17.91% 24.06% 29.30% (5.53)% 14.67% (4.89)% 83.54% 6.23% 40.95% (0.66)% (24.68)%
</TABLE>
- ----------
(a) Date as of which net premiums under the policies were first allocated to the
Fund.
(b) The gross return and the net return for the periods indicated are not annual
rates of return.
FSA-33
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS (UNAUDITED) -- (CONCLUDED)
ASSET ALLOCATION SERIES
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) YEAR ENDED SEPTEMBER 1(A)(B) TO
SEPTEMBER 30, DECEMBER 31, DECEMBER 31,
CONSERVATIVE -------------------- -------------------------------------
INVESTORS FUND 1996 1995 1995 1994
- -------------- ---- ---- ---- ----
<S> <C> <C> <C> <C>
Gross return................. 0.94% 14.87% 20.40% (1.83)%
Net return................... (0.43)% 13.33% 18.26% (1.98)%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) AUGUST 31(A)(B) TO
SEPTEMBER 30, YEARS ENDED DECEMBER 31, DECEMBER 31,
-------------------- ---------------------------------------------------------------- --------------
BALANCED FUND 1996 1995 1995 1994 1993 1992 1991 1990 1989 1988 1987
- ------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return................. 6.63% 15.50% 19.75% (8.02)% 12.28% (2.83)% 41.27% 0.24% 25.83% 13.27% (20.26)%
Net return................... 5.19% 13.96% 17.62% (9.66)% 10.31% (4.57)% 38.75% (1.56)% 23.59% 11.25% (20.71)%
</TABLE>
<TABLE>
<CAPTION>
NINE MONTHS ENDED(B) YEAR ENDED SEPTEMBER 1(A)(B) TO
SEPTEMBER 30, DECEMBER 31, DECEMBER 31,
GROWTH -------------------- --------------------------------------
INVESTORS FUND 1996 1995 1995 1994
- -------------- ---- ---- ---- ----
<S> <C> <C> <C> <C>
Gross return................. 7.39% 21.63% 26.37% (3.16)%
Net return................... 5.93% 20.01% 24.12% (3.31)%
</TABLE>
- ----------
(a) Date as of which net premiums under the policies were first allocated to the
Fund.
(b) The gross return and the net return for the periods indicated are not annual
rates of return.
FSA-34
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS (UNAUDITED) -- (CONTINUED)
RATES OF RETURN:
IL PROTECTOR*
- ----------------------------
AUGUST 22 TO
SEPTEMBER 30,(A)
-----------------
1996
------
Money Market Fund................. 1.80%
Intermediate Government
Securities Fund................... 2.62%
Quality Bond...................... 3.89%
High Yield Fund................... 10.33%
Growth & Income Fund.............. 6.01%
Equity Index Fund................. 7.65%
Common Stock Fund................. 8.18%
Global Fund....................... 1.73%
International Fund................ (0.03)%
Aggressive Stock Fund............. 4.10%
ASSET ALLOCATION SERIES
AUGUST 5 TO
SEPTEMBER 30,(A)
-----------------
1996
------
Conservative Investors Fund....... 3.77%
Balanced Fund..................... 3.97%
Growth Investors Fund............. 4.52%
- ----------
*Sales of IL Protector commenced on August 22, 1996.
(a) Date as of which net premiums under the policies were first allocated to the
Fund. The gross return and the net return for the periods indicated are not
annual rates of return.
7. Subsequent Event
On September 19, 1996 the Board of Directors of Equitable Life approved an
Agreement and Plan of Merger by and between Equitable Life and Equitable
Variable Life (the "Merger Agreement"). The merger is expected to be
effective on January 1, 1997, subject to receipt of all necessary regulatory
approvals. On that date, and in accordance with the provisions of the Merger
Agreement, the separate existence of Equitable Variable Life will cease and
Equitable Life will survive the merger. From and after the effective date of
the merger, Equitable Life will be liable in place of Equitable Variable
Life for the liabilities and obligations of Equitable Variable Life,
including liabilities under policies and contracts issued by Equitable
Variable Life, and all of Equitable Variable Life's assets will become
assets of Equitable Life.
FSA-35
<PAGE>
INDEX TO FINANCIAL STATEMENTS
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
<TABLE>
<S> <C>
Independent Auditors' Report....................................................................................F-2
Consolidated Financial Statements:
Consolidated Balance Sheets, December 31, 1995 and 1994...................................................F-3
Consolidated Statements of Earnings for the Years Ended December 31, 1995, 1994
and 1993...............................................................................................F-4
Consolidated Statements of Equity for the Years Ended December 31, 1995, 1994
and 1993...............................................................................................F-5
Consolidated Statements of Cash Flows for the Years Ended December 31, 1995, 1994
and 1993...............................................................................................F-6
Notes to Consolidated Financial Statements................................................................F-7
Unaudited Interim Consolidated Financial Statements:
Consolidated Balance Sheets, September 30, 1996 and December 31, 1995....................................F-42
Consolidated Statements of Earnings for the Three and Nine Months Ended
September 30, 1996 and 1995...........................................................................F-43
Consolidated Statements of Equity for the Nine Months Ended
September 30, 1996 and 1995...........................................................................F-44
Consolidated Statements of Cash Flows for the Nine Months Ended
September 30, 1996 and 1995...........................................................................F-45
Notes to Consolidated Financial Statements...............................................................F-46
</TABLE>
F-1
<PAGE>
REPORT OF INDEPENDENT ACCOUNTANTS
To the Board of Directors and Shareholder of
The Equitable Life Assurance Society of the United States
In our opinion, the accompanying consolidated balance sheets and the related
consolidated statements of earnings, of shareholder's equity and of cash flows
present fairly, in all material respects, the financial position of The
Equitable Life Assurance Society of the United States and its subsidiaries
("Equitable Life") at December 31, 1995 and 1994, and the results of their
operations and their cash flows for each of the three years in the period ended
December 31, 1995, in conformity with generally accepted accounting principles.
These financial statements are the responsibility of Equitable Life's
management; our responsibility is to express an opinion on these financial
statements based on our audits. We conducted our audits of these statements in
accordance with generally accepted auditing standards which require that we plan
and perform the audit to obtain reasonable assurance about whether the financial
statements are free of material misstatement. An audit includes examining, on a
test basis, evidence supporting the amounts and disclosures in the financial
statements, assessing the accounting principles used and significant estimates
made by management and evaluating the overall financial statement presentation.
We believe that our audits provide a reasonable basis for the opinion expressed
above.
As discussed in Note 2 to the consolidated financial statements, Equitable Life
changed its methods of accounting for loan impairments in 1995, for
postemployment benefits in 1994 and for investment securities in 1993.
PRICE WATERHOUSE LLP
New York, New York
February 7, 1996
F-2
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
CONSOLIDATED BALANCE SHEETS
DECEMBER 31, 1995 AND 1994
<TABLE>
<CAPTION>
1995 1994
----------------- -----------------
(IN MILLIONS)
<S> <C> <C>
ASSETS
Investments:
Fixed maturities:
Available for sale, at estimated fair value............................. $ 15,899.9 $ 7,586.0
Held to maturity, at amortized cost..................................... - 5,223.0
Mortgage loans on real estate............................................. 3,638.3 4,018.0
Equity real estate........................................................ 3,916.2 4,446.4
Policy loans.............................................................. 1,976.4 1,731.2
Other equity investments.................................................. 621.1 678.5
Investment in and loans to affiliates..................................... 636.6 560.2
Other invested assets..................................................... 706.1 489.3
----------------- -----------------
Total investments..................................................... 27,394.6 24,732.6
Cash and cash equivalents................................................... 774.7 693.6
Deferred policy acquisition costs........................................... 3,083.3 3,221.1
Amounts due from discontinued GIC Segment................................... 2,097.1 2,108.6
Other assets................................................................ 2,713.1 2,078.6
Closed Block assets......................................................... 8,612.8 8,105.5
Separate Accounts assets.................................................... 24,566.6 20,469.5
----------------- -----------------
TOTAL ASSETS................................................................ $ 69,242.2 $ 61,409.5
================= =================
LIABILITIES
Policyholders' account balances............................................. $ 21,752.6 $ 21,238.0
Future policy benefits and other policyholders' liabilities................. 4,171.8 3,840.8
Short-term and long-term debt............................................... 1,899.3 1,337.4
Other liabilities........................................................... 3,379.5 2,300.1
Closed Block liabilities.................................................... 9,507.2 9,069.5
Separate Accounts liabilities............................................... 24,531.0 20,429.3
----------------- -----------------
Total liabilities..................................................... 65,241.4 58,215.1
----------------- -----------------
Commitments and contingencies (Notes 10, 12, 13, 14 and 15)
SHAREHOLDER'S EQUITY
Common stock, $1.25 par value 2.0 million shares authorized, issued
and outstanding........................................................... 2.5 2.5
Capital in excess of par value.............................................. 2,913.6 2,913.6
Retained earnings........................................................... 781.6 484.0
Net unrealized investment gains (losses).................................... 338.2 (203.0)
Minimum pension liability................................................... (35.1) (2.7)
----------------- -----------------
Total shareholder's equity............................................ 4,000.8 3,194.4
----------------- -----------------
TOTAL LIABILITIES AND SHAREHOLDER'S EQUITY.................................. $ 69,242.2 $ 61,409.5
================= =================
</TABLE>
See Notes to Consolidated Financial Statements.
F-3
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
CONSOLIDATED STATEMENTS OF EARNINGS
YEARS ENDED DECEMBER 31, 1995, 1994 AND 1993
<TABLE>
<CAPTION>
1995 1994 1993
----------------- ----------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
REVENUES
Universal life and investment-type product policy fee
income...................................................... $ 771.0 $ 715.0 $ 644.5
Premiums...................................................... 606.8 625.6 599.1
Net investment income......................................... 2,127.7 2,030.9 2,599.3
Investment gains, net......................................... 5.3 91.8 533.4
Commissions, fees and other income............................ 886.8 845.4 1,717.2
Contribution from the Closed Block............................ 124.4 151.0 128.3
----------------- ----------------- -----------------
Total revenues.......................................... 4,522.0 4,459.7 6,221.8
----------------- ----------------- -----------------
BENEFITS AND OTHER DEDUCTIONS
Interest credited to policyholders' account balances.......... 1,244.2 1,201.3 1,330.0
Policyholders' benefits....................................... 1,011.3 920.6 1,003.9
Other operating costs and expenses............................ 1,856.5 1,943.1 3,584.2
----------------- ----------------- -----------------
Total benefits and other deductions..................... 4,112.0 4,065.0 5,918.1
----------------- ----------------- -----------------
Earnings before Federal income taxes and cumulative
effect of accounting change................................. 410.0 394.7 303.7
Federal income taxes.......................................... 112.4 101.2 91.3
----------------- ----------------- -----------------
Earnings before cumulative effect of accounting change........ 297.6 293.5 212.4
Cumulative effect of accounting change, net of Federal
income taxes................................................ - (27.1) -
----------------- ----------------- -----------------
Net Earnings.................................................. $ 297.6 $ 266.4 $ 212.4
================= ================= =================
</TABLE>
See Notes to Consolidated Financial Statements.
F-4
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
CONSOLIDATED STATEMENTS OF SHAREHOLDER'S EQUITY
YEARS ENDED DECEMBER 31, 1995, 1994 AND 1993
<TABLE>
<CAPTION>
1995 1994 1993
----------------- ----------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Common stock, at par value, beginning of year................. $ 2.5 $ 2.5 $ 2.0
Increase in par value......................................... - - .5
----------------- ----------------- -----------------
Common stock, at par value, end of year....................... 2.5 2.5 2.5
----------------- ----------------- -----------------
Capital in excess of par value, beginning of year............. 2,913.6 2,613.6 2,273.9
Additional capital in excess of par value..................... - 300.0 340.2
Increase in par value......................................... - - (.5)
----------------- ----------------- -----------------
Capital in excess of par value, end of year................... 2,913.6 2,913.6 2,613.6
----------------- ----------------- -----------------
Retained earnings, beginning of year.......................... 484.0 217.6 5.2
Net earnings.................................................. 297.6 266.4 212.4
----------------- ----------------- -----------------
Retained earnings, end of year................................ 781.6 484.0 217.6
----------------- ----------------- -----------------
Net unrealized investment (losses) gains, beginning of year... (203.0) 131.9 78.8
Change in unrealized investment gains (losses)................ 541.2 (334.9) (9.5)
Effect of adopting new accounting standard.................... - - 62.6
----------------- ----------------- -----------------
Net unrealized investment gains (losses), end of year......... 338.2 (203.0) 131.9
----------------- ----------------- -----------------
Minimum pension liability, beginning of year.................. (2.7) (15.0) -
Change in minimum pension liability........................... (32.4) 12.3 (15.0)
----------------- ----------------- -----------------
Minimum pension liability, end of year........................ (35.1) (2.7) (15.0)
----------------- ----------------- -----------------
TOTAL SHAREHOLDER'S EQUITY, END OF YEAR....................... $ 4,000.8 $ 3,194.4 $ 2,950.6
================= ================= =================
</TABLE>
See Notes to Consolidated Financial Statements.
F-5
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
CONSOLIDATED STATEMENTS OF CASH FLOWS
YEARS ENDED DECEMBER 31, 1995, 1994 AND 1993
<TABLE>
<CAPTION>
1995 1994 1993
----------------- ----------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Net earnings.................................................. $ 297.6 $ 266.4 $ 212.4
Adjustments to reconcile net earnings to net cash
provided (used) by operating activities:
Net change in trading activities and broker-dealer
related receivables/payables.............................. - - (4,177.8)
Increase in matched resale agreements....................... - - (2,900.5)
Increase in matched repurchase agreements................... - - 2,900.5
Investment gains, net of dealer and trading gains........... (5.3) (91.8) (160.8)
Change in amounts due from discontinued GIC Segment......... - 57.3 47.8
General Account policy charges.............................. (769.7) (711.9) (623.4)
Interest credited to policyholders' account balances........ 1,244.2 1,201.3 1,330.0
Changes in Closed Block assets and liabilities, net......... (69.6) (95.1) (73.3)
Other, net.................................................. 627.1 7.8 (416.1)
----------------- ----------------- -----------------
Net cash provided (used) by operating activities.............. 1,324.3 634.0 (3,861.2)
----------------- ----------------- -----------------
Cash flows from investing activities:
Maturities and repayments................................... 1,863.1 2,319.7 3,479.6
Sales....................................................... 8,901.4 5,661.9 7,399.2
Return of capital from joint ventures and limited
partnerships.............................................. 65.2 39.0 119.5
Purchases................................................... (11,675.5) (7,417.6) (11,184.2)
Decrease (increase) in loans to discontinued GIC Segment.... 1,226.9 (40.0) (880.0)
Cash received on sale of 61% interest in DLJ................ - - 346.7
Other, net.................................................. (625.5) (371.1) (317.0)
----------------- ----------------- -----------------
Net cash (used) provided by investing activities.............. (244.4) 191.9 (1,036.2)
----------------- ----------------- -----------------
Cash flows from financing activities:
Policyholders' account balances:
Deposits.................................................. 2,414.9 2,082.7 2,410.7
Withdrawals............................................... (2,692.7) (2,887.4) (2,433.5)
Net (decrease) increase in short-term financings............ (16.4) (173.0) 4,717.2
Additions to long-term debt................................. 599.7 51.8 97.7
Repayments of long-term debt................................ (40.7) (199.8) (64.4)
Proceeds from issuance of Alliance units.................... - 100.0 -
Payment of obligation to fund accumulated deficit of
discontinued GIC Segment.................................. (1,215.4) - -
Capital contribution from the Holding Company............... - 300.0 -
Other, net.................................................. (48.2) - -
----------------- ----------------- -----------------
Net cash (used) provided by financing activities.............. (998.8) (725.7) 4,727.7
----------------- ----------------- -----------------
Change in cash and cash equivalents........................... 81.1 100.2 (169.7)
Cash and cash equivalents, beginning of year.................. 693.6 593.4 763.1
----------------- ----------------- -----------------
Cash and Cash Equivalents, End of Year........................ $ 774.7 $ 693.6 $ 593.4
================= ================= =================
Supplemental cash flow information
Interest Paid............................................... $ 89.6 $ 34.9 $ 1,437.2
================= ================= =================
Income Taxes (Refunded) Paid................................ $ (82.7) $ 49.2 $ 41.0
================= ================= =================
</TABLE>
See Notes to Consolidated Financial Statements.
F-6
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
1) ORGANIZATION
The Equitable Life Assurance Society of the United States ("Equitable
Life") converted to a stock life insurance company on July 22, 1992 and
became a wholly owned subsidiary of The Equitable Companies Incorporated
(the "Holding Company"). Equitable Life's insurance business, which is
comprised of an Individual Insurance and Annuities segment and a Group
Pension segment is conducted principally by Equitable Life and its
wholly owned life insurance subsidiary, Equitable Variable Life
Insurance Company ("EVLICO"). Equitable Life's investment management
business, which comprises the Investment Services segment, is conducted
principally by Alliance Capital Management L.P. ("Alliance"), Equitable
Real Estate Investment Management, Inc. ("EREIM") and Donaldson, Lufkin
and Jenrette, Inc. ("DLJ"), an investment banking and brokerage
affiliate. AXA, a French holding company for an international group of
insurance and related financial services companies is the Holding
Company's largest shareholder, owning approximately 60.6% at December
31, 1995 (63.5% assuming conversion of Series E Convertible Preferred
Stock held by AXA and 54.2% if all securities convertible into, or
options on, common stock were to be converted or exercised).
2) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Basis of Presentation and Principles of Consolidation
-----------------------------------------------------
The accompanying consolidated financial statements are prepared in
conformity with generally accepted accounting principles ("GAAP").
The accompanying consolidated financial statements include the accounts
of Equitable Life and its wholly owned life insurance subsidiaries
(collectively, the "Insurance Group"); non-insurance subsidiaries,
principally Alliance, an investment advisory subsidiary and EREIM, a
real estate investment management subsidiary; and those partnerships and
joint ventures in which the Company has control and a majority economic
interest (collectively, including its consolidated subsidiaries, the
"Company"). The consolidated statement of earnings and cash flow for the
year ended December 31, 1993 include the results of operations and cash
flow of DLJ, an investment banking and brokerage affiliate, on a
consolidated basis through December 15, 1993 (see Note 20). Subsequent
to that date, DLJ is accounted for on the equity basis. The Closed Block
assets and liabilities and results of operations are presented in the
consolidated financial statements as single line items (see Note 6).
Unless specifically stated, all disclosures contained herein supporting
the consolidated financial statements exclude the Closed Block related
amounts.
The preparation of financial statements in conformity with GAAP requires
management to make estimates and assumptions that affect the reported
amounts of assets and liabilities and disclosure of contingent assets
and liabilities at the date of the financial statements and the reported
amounts of revenues and expenses during the reporting period. Actual
results could differ from those estimates.
All significant intercompany transactions and balances have been
eliminated in consolidation other than intercompany transactions and
balances with the Closed Block and the discontinued Guaranteed Interest
Contract ("GIC") Segment (see Note 7).
Certain reclassifications have been made in the amounts presented for
prior periods to conform these periods with the 1995 presentation.
F-7
<PAGE>
Closed Block
------------
As of July 22, 1992, Equitable Life established the Closed Block for the
benefit of certain classes of individual participating policies for
which Equitable Life had a dividend scale payable in 1991 and which were
in force on that date. Assets were allocated to the Closed Block in an
amount which, together with anticipated revenues from policies included
in the Closed Block, was reasonably expected to be sufficient to support
such business, including provision for payment of claims, certain
expenses and taxes, and for continuation of dividend scales payable in
1991, assuming the experience underlying such scales continues.
Assets allocated to the Closed Block inure solely to the benefit of the
holders of policies included in the Closed Block and will not revert to
the benefit of the Holding Company. The plan of demutualization
prohibits the reallocation, transfer, borrowing or lending of assets
between the Closed Block and other portions of Equitable Life's General
Account, any of its Separate Accounts or to any affiliate of Equitable
Life without the approval of the New York Superintendent of Insurance.
Closed Block assets and liabilities are carried on the same basis as
similar assets and liabilities held in the General Account.
The excess of Closed Block liabilities over Closed Block assets
represents the expected future post-tax contribution from the Closed
Block which would be recognized in income over the period the policies
and contracts in the Closed Block remain in force. If the actual
contribution from the Closed Block in any given period equals or exceeds
the expected contribution for such period as determined at the
establishment of the Closed Block, the expected contribution would be
recognized in income for that period. Any excess of the actual
contribution over the expected contribution would also be recognized in
income to the extent that the aggregate expected contribution for all
prior periods exceeded the aggregate actual contribution. Any remaining
excess of actual contribution over expected contributions would be
accrued in the Closed Block as a liability for future dividends to be
paid to the Closed Block policyholders. If, over the period the policies
and contracts in the Closed Block remain in force, the actual
contribution from the Closed Block is less than the expected
contribution from the Closed Block, only such actual contribution would
be recognized in income.
Discontinued Operations
-----------------------
In 1991, the Company's management adopted a plan to discontinue the
business operations of the GIC Segment, consisting of the Guaranteed
Interest Contract and Group Non-Participating Wind-Up Annuities lines of
business. The Company established a pre-tax provision for the estimated
future losses of the GIC line of business and a premium deficiency
reserve for the Group Non-Participating Wind-Up Annuities. Subsequent
losses incurred have been charged to the allowance for future losses and
the premium deficiency reserve. Total allowances are based upon
management's best judgment and there is no assurance that the ultimate
losses will not differ.
Accounting Changes
------------------
In the first quarter of 1995, the Company adopted Statement of Financial
Accounting Standards ("SFAS") No. 114, "Accounting by Creditors for
Impairment of a Loan". This statement applies to all loans, including
loans restructured in a troubled debt restructuring involving a
modification of terms. This statement addresses the accounting for
impairment of a loan by specifying how allowances for credit losses
should be determined. Impaired loans within the scope of this statement
are measured based on the present value of expected future cash flows
discounted at the loan's effective interest rate, at the loan's
observable market price or the fair value of the collateral if the loan
is collateral dependent. The Company provides for impairment of loans
through an allowance for possible losses. The adoption of this statement
did not have a material effect on the level of these allowances or on
the Company's consolidated statements of earnings and shareholder's
equity.
F-8
<PAGE>
In the fourth quarter of 1994 (effective as of January 1, 1994), the
Company adopted SFAS No. 112, "Employers' Accounting for Postemployment
Benefits," which required employers to recognize the obligation to
provide postemployment benefits. Implementation of this statement
resulted in a charge for the cumulative effect of accounting change of
$27.1 million, net of a Federal income tax benefit of $14.6 million.
At December 31, 1993, the Company adopted SFAS No. 115, "Accounting for
Certain Investments in Debt and Equity Securities," which expanded the
use of fair value accounting for those securities that a company does
not have positive intent and ability to hold to maturity. Implementation
of this statement increased consolidated shareholder's equity by $62.6
million, net of deferred policy acquisition costs, amounts attributable
to participating group annuity contracts and deferred Federal income
tax. Beginning coincident with issuance of SFAS No. 115 implementation
guidance in November 1995, the Financial Accounting Standards Board
("FASB") permitted companies a one-time opportunity, through December
31, 1995, to reassess the appropriateness of the classification of all
securities held at that time. On December 1, 1995, the Company
transferred $4,794.9 million of securities classified as held to
maturity to the available for sale portfolio. As a result consolidated
shareholder's equity increased by $126.2 million, net of deferred policy
acquisition costs, amounts attributable to participating group annuity
contracts and deferred Federal income tax.
New Accounting Pronouncements
-----------------------------
In January 1995, the FASB issued SFAS No. 120, "Accounting and Reporting
by Mutual Life Insurance Enterprises and by Insurance Enterprises for
Certain Long-Duration Participating Contracts," which permits, but does
not require, stock life insurance companies with participating life
contracts to account for those contracts in accordance with Statement of
Position No. 95-1, "Accounting for Certain Insurance Activities of
Mutual Life Insurance Enterprises". The Company has decided to retain
the existing methodology to account for traditional participating
policies and, therefore, will not adopt this statement.
In March 1995, the FASB issued SFAS No. 121, "Accounting for the
Impairment of Long-Lived Assets and for Long-Lived Assets to be Disposed
Of," which requires that long-lived assets and certain identifiable
intangibles be reviewed for impairment whenever events or changes in
circumstances indicate the carrying amount of such assets may not be
recoverable. The Company will implement this statement as of January 1,
1996. The cumulative effect of this accounting change will be a charge
of $23.4 million, net of a Federal income tax benefit of $12.1 million,
due to the writedown to fair value of building improvements relating to
facilities being vacated beginning in 1996. The Company currently
provides allowances for possible losses for other assets under the scope
of this statement. Management has not yet determined the impact of this
statement on assets to be held and used.
In May 1995, the FASB issued SFAS No. 122, "Accounting for Mortgage
Servicing Rights," which requires a mortgage banking enterprise to
recognize rights to service mortgage loans for others as separate assets
however those servicing rights are acquired. It further requires
capitalized mortgage servicing rights be assessed for impairment based
on the fair value of those rights. The Company will implement this
statement as of January 1, 1996. Implementation of this statement will
not have a material effect on the Company's consolidated financial
statements.
In October 1995, the FASB issued SFAS No. 123, "Accounting for
Stock-Based Compensation". This statement defines a fair value based
method of accounting for stock-based employee compensation plans while
continuing to allow an entity to measure compensation cost for such
plans using the intrinsic value based method of accounting. Management
has decided to retain the current compensation cost methodology
prescribed by Accounting Principles Board Opinion No. 25, "Accounting
for Stock Issued to Employees".
F-9
<PAGE>
Valuation of Investments
------------------------
Fixed maturities, which the Company has both the ability and the intent
to hold to maturity, are stated principally at amortized cost. Fixed
maturities identified as available for sale are reported at estimated
fair value. The amortized cost of fixed maturities is adjusted for
impairments in value deemed to be other than temporary.
Mortgage loans on real estate are stated at unpaid principal balances,
net of unamortized discounts and valuation allowances. Effective with
the adoption of SFAS No. 114 on January 1, 1995, the valuation
allowances are based on the present value of expected future cash flows
discounted at the loan's original effective interest rate or the
collateral value if the loan is collateral dependent. However, if
foreclosure is or becomes probable, the measurement method used is
collateral value. Prior to the adoption of SFAS No. 114, the valuation
allowances were based on losses expected by management to be realized on
transfers of mortgage loans to real estate (upon foreclosure or
in-substance foreclosure), on the disposition or settlement of mortgage
loans and on mortgage loans management believed may not be collectible
in full. In establishing valuation allowances, management previously
considered, among other things the estimated fair value of the
underlying collateral.
Real estate, including real estate acquired in satisfaction of debt, is
stated at depreciated cost less valuation allowances. At the date of
foreclosure (including in-substance foreclosure), real estate acquired
in satisfaction of debt is valued at estimated fair value. Valuation
allowances on real estate held for the production of income are computed
using the forecasted cash flows of the respective properties discounted
at a rate equal to the Company's cost of funds; valuation allowances on
real estate available for sale are computed using the lower of current
estimated fair value, net of disposition costs, or depreciated cost.
Policy loans are stated at unpaid principal balances.
Partnerships and joint venture interests in which the Company does not
have control and a majority economic interest are reported on the equity
basis of accounting and are included either with equity real estate or
other equity investments, as appropriate.
Common stocks are carried at estimated fair value and are included in
other equity investments.
Short-term investments are stated at amortized cost which approximates
fair value and are included with other invested assets.
Cash and cash equivalents includes cash on hand, amounts due from banks
and highly liquid debt instruments purchased with an original maturity
of three months or less.
All securities are recorded in the consolidated financial statements on
a trade date basis.
Investment Results and Unrealized Investment Gains (Losses)
-----------------------------------------------------------
Net investment income and realized investment gains and losses
(collectively, "investment results") related to certain participating
group annuity contracts are passed through to the contractholders as
interest credited to policyholders' account balances.
Realized investment gains and losses are determined by specific
identification and are presented as a component of revenue. Valuation
allowances are netted against the asset categories to which they apply
and changes in the valuation allowances are included in investment gains
or losses.
Unrealized investment gains and losses on fixed maturities available for
sale and equity securities held by the Company are accounted for as a
separate component of shareholder's equity, net of related deferred
Federal income taxes, amounts attributable to the discontinued GIC
Segment, Closed Block, participating group annuity contracts and
deferred policy acquisition costs related to universal life and
investment-type products.
F-10
<PAGE>
Recognition of Insurance Income and Related Expenses
----------------------------------------------------
Premiums from universal life and investment-type contracts are reported
as deposits to policyholders' account balances. Revenues from these
contracts consist of amounts assessed during the period against
policyholders' account balances for mortality charges, policy
administration charges and surrender charges. Policy benefits and claims
that are charged to expense include benefit claims incurred in the
period in excess of related policyholders' account balances.
Premiums from traditional life and annuity policies with life
contingencies generally are recognized as income when due. Benefits and
expenses are matched with such income so as to result in the recognition
of profits over the life of the contracts. This match is accomplished by
means of the provision for liabilities for future policy benefits and
the deferral and subsequent amortization of policy acquisition costs.
For contracts with a single premium or a limited number of premium
payments due over a significantly shorter period than the total period
over which benefits are provided, premiums are recorded as income when
due with any excess profit deferred and recognized in income in a
constant relationship to insurance in force or, for annuities, the
amount of expected future benefit payments.
Premiums from individual health contracts are recognized as income over
the period to which the premiums relate in proportion to the amount of
insurance protection provided.
Deferred Policy Acquisition Costs
---------------------------------
The costs of acquiring new business, principally commissions,
underwriting, agency and policy issue expenses, all of which vary with
and are primarily related to the production of new business, are
deferred. Deferred policy acquisition costs are subject to
recoverability testing at the time of policy issue and loss recognition
testing at the end of each accounting period.
For universal life products and investment-type products, deferred
policy acquisition costs are amortized over the expected average life of
the contracts (periods ranging from 15 to 35 years and 5 to 17 years,
respectively) as a constant percentage of estimated gross profits
arising principally from investment results, mortality and expense
margins and surrender charges based on historical and anticipated future
experience, updated at the end of each accounting period. The effect on
the amortization of deferred policy acquisition costs of revisions to
estimated gross profits is reflected in earnings in the period such
estimated gross profits are revised. The effect on the deferred policy
acquisition cost asset that would result from realization of unrealized
gains (losses) is recognized with an offset to unrealized gains (losses)
in consolidated shareholder's equity as of the balance sheet date.
For traditional life and annuity policies with life contingencies,
deferred policy acquisition costs are amortized in proportion to
anticipated premiums. Assumptions as to anticipated premiums are
estimated at the date of policy issue and are consistently applied
during the life of the contracts. Deviations from estimated experience
are reflected in earnings in the period such deviations occur. For these
contracts, the amortization periods generally are for the estimated life
of the policy.
For individual health benefit insurance, deferred policy acquisition
costs are amortized over the expected average life of the contracts (10
years for major medical policies and 20 years for disability income
products) in proportion to anticipated premium revenue at time of issue.
Policyholders' Account Balances and Future Policy Benefits
----------------------------------------------------------
Policyholders' account balances for universal life and investment-type
contracts are equal to the policy account values. The policy account
values represent an accumulation of gross premium payments plus credited
interest less expense and mortality charges and withdrawals.
F-11
<PAGE>
For traditional life insurance policies, future policy benefit and
dividend liabilities are estimated using a net level premium method on
the basis of actuarial assumptions as to mortality, persistency and
interest established at policy issue. Assumptions established at policy
issue as to mortality and persistency are based on the Insurance Group's
experience which, together with interest and expense assumptions,
provide a margin for adverse deviation. When the liabilities for future
policy benefits plus the present value of expected future gross premiums
for a product are insufficient to provide for expected future policy
benefits and expenses for that product, deferred policy acquisition
costs are written off and thereafter, if required, a premium deficiency
reserve is established by a charge to earnings. Benefit liabilities for
traditional annuities during the accumulation period are equal to
accumulated contractholders' fund balances and after annuitization are
equal to the present value of expected future payments. Interest rates
used in establishing such liabilities range from 2.25% to 11.5% for life
insurance liabilities and from 2.25% to 13.5% for annuity liabilities.
Individual health benefit liabilities for active lives are estimated
using the net level premium method, and assumptions as to future
morbidity, withdrawals and interest which provide a margin for adverse
deviation. Benefit liabilities for disabled lives are estimated using
the present value of benefits method and experience assumptions as to
claim terminations, expenses and interest.
Claim reserves and associated liabilities for individual disability
income and major medical policies were $639.6 million, $570.6 million at
December 31, 1995 and 1994, respectively. Incurred benefits (benefits
paid plus changes in claim reserves) and benefits paid for individual
disability income and major medical policies are summarized as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Incurred benefits related to current year.......... $ 176.0 $ 188.6 $ 193.1
Incurred benefits related to prior years........... 67.8 28.7 106.1
----------------- ---------------- -----------------
Total Incurred Benefits............................ $ 243.8 $ 217.3 $ 299.2
================= ================ =================
Benefits paid related to current year.............. $ 37.0 $ 43.7 $ 48.9
Benefits paid related to prior years............... 137.8 132.3 123.1
----------------- ---------------- -----------------
Total Benefits Paid................................ $ 174.8 $ 176.0 $ 172.0
================= ================ =================
</TABLE>
The amount of policyholders' dividends to be paid (including those on
policies included in the Closed Block) is determined annually by
Equitable Life's Board of Directors. The aggregate amount of
policyholders' dividends is related to actual interest, mortality,
morbidity and expense experience for the year and judgment as to the
appropriate level of statutory surplus to be retained by Equitable Life.
Equitable Life is subject to limitations on the amount of statutory
profits which can be retained with respect to certain classes of
individual participating policies that were in force on July 22, 1992
which are not included in the Closed Block and with respect to
participating policies issued subsequent to July 22, 1992. Excess
statutory profits, if any, will be distributed over time to such
policyholders and will not be available to Equitable Life's shareholder.
Earnings in excess of limitations are accrued as policyholders'
dividends.
At December 31, 1995, participating policies including those in the
Closed Block represent approximately 27.2% ($58.4 billion) of directly
written life insurance in force, net of amounts ceded. Participating
policies represent primarily all of the premium income as reflected in
the consolidated statements of earnings and in the results of the Closed
Block.
F-12
<PAGE>
Federal Income Taxes
--------------------
Equitable Life and its life insurance and non-life insurance
subsidiaries file a consolidated Federal income tax return with the
Holding Company and its non-life insurance subsidiaries. Current Federal
income taxes are charged or credited to operations based upon amounts
estimated to be payable or recoverable as a result of taxable operations
for the current year. Deferred income tax assets and liabilities are
recognized based on the difference between financial statement carrying
amounts and income tax bases of assets and liabilities using enacted
income tax rates and laws.
Separate Accounts
-----------------
Separate Accounts are established in conformity with the New York State
Insurance Law and generally are not chargeable with liabilities that
arise from any other business of the Insurance Group. Separate Accounts
assets are subject to General Account claims only to the extent the
value of such assets exceeds the Separate Accounts liabilities.
Assets and liabilities of the Separate Accounts, representing net
deposits and accumulated net investment earnings less fees, held
primarily for the benefit of contractholders, and for which the
Insurance Group does not bear the investment risk, are shown as separate
captions in the consolidated balance sheets. The Insurance Group bears
the investment risk on assets held in one Separate Account, therefore,
such assets are carried on the same basis as similar assets held in the
General Account portfolio. Assets held in the other Separate Accounts
are carried at quoted market values or, where quoted values are not
available, at estimated fair values as determined by the Insurance
Group.
The investment results of Separate Accounts on which the Insurance Group
does not bear the investment risk are reflected directly in Separate
Accounts liabilities. For the years ended December 31, 1995, 1994 and
1993, investment results of such Separate Accounts were $1,956.3
million, $676.3 million and $1,676.5 million, respectively.
Deposits to all Separate Accounts are reported as increases in Separate
Accounts liabilities and are not reported in revenues. Mortality, policy
administration and surrender charges on all Separate Accounts are
included in revenues.
F-13
<PAGE>
3) INVESTMENTS
The following tables provide additional information relating to fixed
maturities and equity securities:
<TABLE>
<CAPTION>
GROSS GROSS
AMORTIZED UNREALIZED UNREALIZED ESTIMATED
COST GAINS LOSSES FAIR VALUE
----------------- ----------------- ---------------- ---------------
(IN MILLIONS)
<S> <C> <C> <C> <C>
DECEMBER 31, 1995
-----------------
Fixed Maturities:
Available for Sale:
Corporate.......................... $ 10,910.7 $ 617.6 $ 118.1 $ 11,410.2
Mortgage-backed.................... 1,838.0 31.2 1.2 1,868.0
U.S. Treasury securities and
U.S. government and
agency securities................ 2,257.0 77.8 4.1 2,330.7
States and political subdivisions.. 45.7 5.2 - 50.9
Foreign governments................ 124.5 11.0 .2 135.3
Redeemable preferred stock......... 108.1 5.3 8.6 104.8
----------------- ----------------- ---------------- ---------------
Total Available for Sale............... $ 15,284.0 $ 748.1 $ 132.2 $ 15,899.9
================= ================= ================ ===============
Equity Securities:
Common stock......................... $ 97.3 $ 49.1 $ 18.0 $ 128.4
================= ================= ================ ===============
December 31, 1994
-----------------
Fixed Maturities:
Available for Sale:
Corporate.......................... $ 5,663.4 $ 34.6 $ 368.0 $ 5,330.0
Mortgage-backed.................... 686.0 2.9 44.8 644.1
U.S. Treasury securities and
U.S. government and
agency securities................ 1,519.3 6.7 71.9 1,454.1
States and political subdivisions.. 23.4 .1 .7 22.8
Foreign governments................ 43.8 .3 4.2 39.9
Redeemable preferred stock......... 108.4 .4 13.7 95.1
----------------- ----------------- ---------------- ---------------
Total Available for Sale............... $ 8,044.3 $ 45.0 $ 503.3 $ 7,586.0
================= ================= ================ ===============
Held to Maturity:
Corporate.......................... $ 4,661.0 $ 67.9 $ 233.8 $ 4,495.1
U.S. Treasury securities and
U.S. government and
agency securities................ 428.9 4.6 44.2 389.3
States and political subdivisions.. 63.4 .9 3.7 60.6
Foreign governments................ 69.7 4.2 2.0 71.9
================= ================= ================ ===============
Total Held to Maturity................. $ 5,223.0 $ 77.6 $ 283.7 $ 5,016.9
================= ================= ================ ===============
Equity Securities:
Common stock......................... $ 126.4 $ 31.2 $ 23.5 $ 134.1
================= ================= ================ ===============
</TABLE>
F-14
<PAGE>
For publicly traded fixed maturities and equity securities, estimated
fair value is determined using quoted market prices. For fixed
maturities without a readily ascertainable market value, the Company has
determined an estimated fair value using a discounted cash flow
approach, including provisions for credit risk, generally based upon the
assumption that such securities will be held to maturity. Estimated fair
value for equity securities, substantially all of which do not have a
readily ascertainable market value, has been determined by the Company.
Such estimated fair values do not necessarily represent the values for
which these securities could have been sold at the dates of the
consolidated balance sheets. At December 31, 1995 and 1994, securities
without a readily ascertainable market value having an amortized cost of
$3,748.9 million and $3,980.4 million, respectively, had estimated fair
values of $3,981.8 million and $3,858.7 million, respectively.
The contractual maturity of bonds at December 31, 1995 is shown below:
<TABLE>
<CAPTION>
AVAILABLE FOR SALE
------------------------------------
AMORTIZED ESTIMATED
COST FAIR VALUE
---------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Due in one year or less................................................ $ 357.9 $ 360.0
Due in years two through five.......................................... 3,773.1 3,847.1
Due in years six through ten........................................... 4,709.8 4,821.8
Due after ten years.................................................... 4,497.1 4,898.2
Mortgage-backed securities............................................. 1,838.0 1,868.0
---------------- -----------------
Total.................................................................. $ 15,175.9 $ 15,795.1
================ =================
</TABLE>
Bonds not due at a single maturity date have been included in the above
table in the year of final maturity. Actual maturities will differ from
contractual maturities because borrowers may have the right to call or
prepay obligations with or without call or prepayment penalties.
Investment valuation allowances and changes thereto are shown below:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Balances, beginning of year........................ $ 284.9 $ 355.6 $ 512.0
Additions charged to income........................ 136.0 51.0 92.8
Deductions for writedowns and asset dispositions... (95.6) (121.7) (249.2)
----------------- ---------------- -----------------
Balances, End of Year.............................. $ 325.3 $ 284.9 $ 355.6
================= ================ =================
Balances, end of year comprise:
Mortgage loans on real estate.................... $ 65.5 $ 64.2 $ 144.4
Equity real estate............................... 259.8 220.7 211.2
----------------- ---------------- -----------------
Total.............................................. $ 325.3 $ 284.9 $ 355.6
================= ================ =================
</TABLE>
Deductions for writedowns and asset dispositions for 1993 include an
$87.1 million writedown of fixed maturity investments at December 31,
1993 as a result of adopting a new accounting statement for the
valuation of these investments that requires specific writedowns instead
of valuation allowances.
At December 31, 1995, the carrying values of investments held for the
production of income which were non-income producing for the twelve
months preceding the consolidated balance sheet date were $37.2 million
of fixed maturities and $84.7 million of mortgage loans on real estate.
F-15
<PAGE>
The Insurance Group's fixed maturity investment portfolio includes
corporate high yield securities consisting of public high yield bonds,
redeemable preferred stocks and directly negotiated debt in leveraged
buyout transactions. The Insurance Group seeks to minimize the higher
than normal credit risks associated with such securities by monitoring
the total investments in any single issuer or total investment in a
particular industry group. Certain of these corporate high yield
securities are classified as other than investment grade by the various
rating agencies, i.e., a rating below Baa or National Association of
Insurance Commissioners ("NAIC") designation of 3 (medium grade), 4 or 5
(below investment grade) or 6 (in or near default). At December 31,
1995, approximately 15.57% of the $15,139.9 million aggregate amortized
cost of bonds held by the Insurance Group were considered to be other
than investment grade.
In addition to its holdings of corporate high yield securities, the
Insurance Group is an equity investor in limited partnership interests
which primarily invest in securities considered to be other than
investment grade.
The Company has restructured or modified the terms of certain fixed
maturity investments. The fixed maturity portfolio, based on amortized
cost, includes $15.9 million and $30.5 million at December 31, 1995 and
1994, respectively, of such restructured securities. These amounts
include fixed maturities which are in default as to principal and/or
interest payments, are to be restructured pursuant to commenced
negotiations or where the borrowers went into bankruptcy subsequent to
acquisition (collectively, "problem fixed maturities") of $1.6 million
and $9.7 million as of December 31, 1995 and 1994, respectively. Gross
interest income that would have been recorded in accordance with the
original terms of restructured fixed maturities amounted to $3.0
million, $7.5 million and $11.7 million in 1995, 1994 and 1993,
respectively. Gross interest income on these fixed maturities included
in net investment income aggregated $2.9 million, $6.8 million and $9.7
million in 1995, 1994 and 1993, respectively.
At December 31, 1995 and 1994, mortgage loans on real estate with
scheduled payments 60 days (90 days for agricultural mortgages) or more
past due or in foreclosure (collectively, "problem mortgage loans on
real estate") had an amortized cost of $87.7 million (2.4% of total
mortgage loans on real estate) and $96.9 million (2.3% of total mortgage
loans on real estate), respectively.
The payment terms of mortgage loans on real estate may from time to time
be restructured or modified. The investment in restructured mortgage
loans on real estate, based on amortized cost, amounted to $531.5
million and $447.9 million at December 31, 1995 and 1994, respectively.
These amounts include $3.8 million and $1.0 million of problem mortgage
loans on real estate at December 31, 1995 and 1994, respectively. Gross
interest income on restructured mortgage loans on real estate that would
have been recorded in accordance with the original terms of such loans
amounted to $52.1 million, $44.9 million and $51.8 million in 1995, 1994
and 1993, respectively. Gross interest income on these loans included in
net investment income aggregated $37.4 million, $32.8 million and $46.0
million in 1995, 1994 and 1993, respectively.
Impaired mortgage loans (as defined under SFAS No. 114) along with the
related provision for losses were as follows:
<TABLE>
<CAPTION>
December 31, 1995
-------------------
(IN MILLIONS)
<S> <C>
Impaired mortgage loans with provision for losses....................................... $ 310.1
Impaired mortgage loans with no provision for losses.................................... 160.8
-------------------
Recorded investment in impaired mortgage loans.......................................... 470.9
Provision for losses.................................................................... 62.7
-------------------
Net Impaired Mortgage Loans............................................................. $ 408.2
===================
</TABLE>
F-16
<PAGE>
Impaired mortgage loans with no provision for losses are loans where the
fair value of the collateral or the net present value of the loan equals
or exceeds the recorded investment. Interest income earned on loans
where the collateral value is used to measure impairment is recorded on
a cash basis. Interest income on loans where the present value method is
used to measure impairment is accrued on the net carrying value amount
of the loan at the interest rate used to discount the cash flows.
Changes in the present value attributable to changes in the amount or
timing of expected cash flows are reported as investment gains or
losses.
During the year ended December 31, 1995, the Company's average recorded
investment in impaired mortgage loans was $429.0 million. Interest
income recognized on these impaired mortgage loans totaled $27.9 million
for the year ended December 31, 1995, including $13.4 million recognized
on a cash basis.
At December 31, 1995, investments owned of any one issuer, including its
affiliates, for which the aggregate carrying values are 10% or more of
total shareholders' equity, were $508.3 million relating to Trammell
Crow and affiliates (including holdings of the Closed Block and the
discontinued GIC Segment). The amount includes restructured mortgage
loans on real estate with an amortized cost of $152.4 million. A $294.0
million commercial loan package which was in bankruptcy at the beginning
of the year was resolved in 1995, with part of the package reclassified
as restructured and the remainder reclassified as equity real estate.
The Insurance Group's investment in equity real estate is through direct
ownership and through investments in real estate joint ventures. At
December 31, 1995 and 1994, the carrying value of equity real estate
available for sale amounted to $255.5 million and $447.8 million,
respectively. For the years ended December 31, 1995, 1994 and 1993,
respectively, real estate of $35.3 million, $189.8 million and $261.8
million was acquired in satisfaction of debt. At December 31, 1995 and
1994, the Company owned $862.7 million and $1,086.9 million,
respectively, of real estate acquired in satisfaction of debt.
Depreciation of real estate is computed using the straight-line method
over the estimated useful lives of the properties, which generally range
from 40 to 50 years. Accumulated depreciation on real estate was $662.4
million and $703.1 million at December 31, 1995 and 1994, respectively.
Depreciation expense on real estate totaled $121.7 million, $117.0
million and $115.3 million for the years ended December 31, 1995, 1994
and 1993, respectively.
F-17
<PAGE>
4) JOINT VENTURES AND PARTNERSHIPS
Summarized combined financial information of real estate joint ventures
(38 and 47 individual ventures as of December 31, 1995 and 1994,
respectively) and of limited partnership interests accounted for under
the equity method, in which the Company has an investment of $10.0
million or greater and an equity interest of 10% or greater is as
follows:
<TABLE>
<CAPTION>
DECEMBER 31,
------------------------------------
1995 1994
---------------- -----------------
(IN MILLIONS)
<S> <C> <C>
FINANCIAL POSITION
Investments in real estate, at depreciated cost........................ $ 2,684.1 $ 2,786.7
Investments in securities, generally at estimated fair value........... 2,459.8 3,071.2
Cash and cash equivalents.............................................. 489.1 359.8
Other assets........................................................... 270.8 398.7
---------------- -----------------
Total assets........................................................... 5,903.8 6,616.4
---------------- -----------------
Borrowed funds - third party........................................... 1,782.3 1,759.6
Borrowed funds - the Company........................................... 220.5 238.0
Other liabilities...................................................... 593.9 987.7
---------------- -----------------
Total liabilities...................................................... 2,596.7 2,985.3
---------------- -----------------
Partners' Capital...................................................... $ 3,307.1 $ 3,631.1
================ =================
Equity in partners' capital included above............................. $ 902.2 $ 964.2
Equity in limited partnership interests not included above............. 212.8 224.6
Excess (deficit) of equity in partners' capital over investment cost
and equity earnings.................................................. 3.6 (1.8)
Notes receivable from joint venture.................................... 5.3 6.1
---------------- -----------------
Carrying Value......................................................... $ 1,123.9 $ 1,193.1
================ =================
</TABLE>
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
STATEMENTS OF EARNINGS
Revenues of real estate joint ventures............. $ 463.5 $ 537.7 $ 602.7
Revenues of other limited partnership interests.... 242.3 103.4 319.1
Interest expense - third party..................... (135.3) (114.9) (118.8)
Interest expense - the Company..................... (41.0) (36.9) (52.1)
Other expenses..................................... (397.7) (430.9) (531.7)
----------------- ---------------- -----------------
Net Earnings....................................... $ 131.8 $ 58.4 $ 219.2
================= ================ =================
Equity in net earnings included above.............. $ 49.1 $ 18.9 $ 71.6
Equity in net earnings of limited partnerships
interests not included above..................... 44.8 25.3 46.3
Excess of earnings in joint ventures over equity
ownership percentage and amortization of
differences in bases............................. .9 1.8 9.2
Interest on notes receivable....................... .1 - .5
----------------- ---------------- -----------------
Total Equity in Net Earnings....................... $ 94.9 $ 46.0 $ 127.6
================= ================ =================
</TABLE>
F-18
<PAGE>
5) NET INVESTMENT INCOME AND INVESTMENT GAINS (LOSSES)
The sources of net investment income are summarized as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Fixed maturities................................... $ 1,151.0 $ 1,024.5 $ 981.7
Trading account securities......................... - - 709.3
Securities purchased under resale agreements....... - - 533.8
Mortgage loans on real estate...................... 329.0 384.3 457.4
Equity real estate................................. 560.4 561.8 539.1
Other equity investments........................... 76.9 35.7 110.4
Policy loans....................................... 144.4 122.7 117.0
Broker-dealer related receivables.................. - - 292.2
Other investment income............................ 279.7 336.3 304.9
----------------- ---------------- -----------------
Gross investment income.......................... 2,541.4 2,465.3 4,045.8
----------------- ---------------- -----------------
Interest expense to finance short-term trading
instruments...................................... - - 983.4
Other investment expenses.......................... 413.7 434.4 463.1
----------------- ---------------- -----------------
Investment expenses.............................. 413.7 434.4 1,446.5
----------------- ---------------- -----------------
Net Investment Income.............................. $ 2,127.7 $ 2,030.9 $ 2,599.3
================= ================ =================
</TABLE>
Investment gains (losses), net, including changes in the valuation
allowances, are summarized as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Fixed maturities................................... $ 119.9 $ (14.1) $ 123.1
Mortgage loans on real estate...................... (40.2) (43.1) (65.1)
Equity real estate................................. (86.6) 20.6 (18.5)
Other equity investments........................... 12.8 76.0 119.5
Dealer and trading gains........................... - - 372.5
Sales of newly issued Alliance Units............... - 52.4 -
Other.............................................. (.6) - 1.9
----------------- ---------------- -----------------
Investment Gains, Net.............................. $ 5.3 $ 91.8 $ 533.4
================= ================ =================
</TABLE>
Writedowns of fixed maturities amounted to $46.7 million, $30.8 million
and $5.4 million for the years ended December 31, 1995, 1994 and 1993,
respectively.
For the years ended December 31, 1995 and 1994, respectively, proceeds
received on sales of fixed maturities classified as available for sale
amounted to $8,206.0 million and $5,253.9 million. Gross gains of $211.4
million and $65.2 million and gross losses of $64.2 million and $50.8
million, respectively, were realized on these sales. The change in
unrealized investment gains (losses) related to fixed maturities
classified as available for sale for the years ended December 31, 1995
and 1994 amounted to $1,077.2 million and $(742.2) million,
respectively.
Gross gains of $188.5 million and gross losses of $145.0 million were
realized on sales of investments in fixed maturities held for investment
and available for sale for the year ended December 31, 1993.
F-19
<PAGE>
During each of the years ended December 31, 1995 and 1994, one security
classified as held to maturity was sold and during the eleven months
ended November 30, 1995 and the year ended December 31, 1994,
respectively, twelve and six securities so classified were transferred
to the available for sale portfolio. All actions were taken as a result
of a significant deterioration in creditworthiness. The aggregate
amortized cost of the securities sold were $1.0 million and $19.9
million with a related investment gain of $-0- million and $.8 million
recognized in 1995 and 1994, respectively; the aggregate amortized cost
of the securities transferred was $116.0 million and $42.8 million with
gross unrealized investment losses of $3.2 million and $3.1 million
charged to consolidated shareholders' equity for the eleven months ended
November 30, 1995 and the year ended December 31, 1994, respectively. On
December 1, 1995, the Company transferred $4,794.9 million of securities
classified as held to maturity to the available for sale portfolio. As a
result, unrealized gains on fixed maturities increased $307.0 million,
offset by deferred policy acquisition costs of $73.7 million, amounts
attributable to participating group annuity contracts of $39.2 million
and deferred Federal income tax of $67.9 million.
Investment gains from other equity investments for the year ended
December 31, 1993, included $79.9 million generated by DLJ's involvement
in long-term corporate development investments.
For the years ended December 31, 1995, 1994 and 1993, investment results
passed through to certain participating group annuity contracts as
interest credited to policyholders' account balances amounted to $131.2
million, $175.8 million and $243.2 million, respectively.
During 1995, Alliance entered into an agreement to acquire the business
of Cursitor-Eaton Asset Management Company and Cursitor Holdings Limited
(collectively, "Cursitor") for approximately $141.5 million consisting
of $84.9 million in cash, 1,764,115 of Alliance's publicly traded units
("Alliance Units"), 6% notes aggregating $21.5 million payable ratably
over four years, and substantial additional consideration which will be
determined at a later date. The transaction, which is expected to be
completed during the first quarter of 1996, is subject to the receipt of
consents, regulatory approvals, and certain other closing conditions,
including client approval of the transfer of Cursitor accounts. Upon
completion of this transaction, the Company's ownership percentage of
Alliance will be reduced.
In 1994, Alliance sold 4.96 million newly issued Alliance Units to third
parties at prevailing market prices. The sales decreased the Company's
ownership of Alliance's Units from 63.2% to 59.2%. In addition, the
Company continues to hold its 1% general partnership interest in
Alliance. The Company recognized an investment gain of $52.4 million as
a result of these transactions.
The Company's ownership interest in Alliance will be further reduced
upon the exercise of options granted to certain Alliance employees. At
December 31, 1995, Alliance had options outstanding to purchase an
aggregate of 4.8 million Alliance Units at a price ranging from $6.0625
to $22.25 per unit. Options are exercisable at a rate of 20% on each of
the first five anniversary dates from the date of grant.
Net unrealized investment gains (losses), included in the consolidated
balance sheets as a component of equity and the changes for the
corresponding years, are summarized as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Balance, beginning of year......................... $ (203.0) $ 131.9 $ 78.8
Changes in unrealized investment (losses) gains.... 1,117.7 (823.8) (14.1)
Effect of adopting SFAS No. 115.................... - - 283.9
Changes in unrealized investment (gains)
losses attributable to:
Participating group annuity contracts.......... (78.1) 40.8 (36.2)
Deferred policy acquisition costs.............. (208.4) 269.5 (150.5)
Deferred Federal income taxes.................. (290.0) 178.6 (30.0)
----------------- ---------------- -----------------
Balance, End of Year............................... $ 338.2 $ (203.0) $ 131.9
================= ================ =================
</TABLE>
F-20
<PAGE>
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Balance, end of year comprises:
Unrealized investment (losses) gains on:
Fixed maturities............................... $ 615.9 $ (461.3) $ 283.9
Other equity investments....................... 31.1 7.7 75.8
Other.......................................... 31.6 14.5 25.0
----------------- ---------------- -----------------
Total........................................ 678.6 (439.1) 384.7
Amounts of unrealized investment (gains)
losses attributable to:
Participating group annuity contracts........ (72.2) 5.9 (34.9)
Deferred policy acquisition costs............ (89.4) 119.0 (150.5)
Deferred Federal income taxes................ (178.8) 111.2 (67.4)
----------------- ---------------- -----------------
Total.............................................. $ 338.2 $ (203.0) $ 131.9
================= ================ =================
</TABLE>
6) CLOSED BLOCK
Summarized financial information of the Closed Block follows:
<TABLE>
<CAPTION>
DECEMBER 31,
--------------------------------------
1995 1994
----------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Assets
Fixed Maturities:
Available for sale, at estimated fair value (amortized cost,
$3,662.8 and $1,270.3)........................................... $ 3,896.2 $ 1,197.0
Held to maturity, at amortized cost (estimated fair value of
$1,785.0 in 1994)................................................ - 1,927.8
Mortgage loans on real estate........................................ 1,368.8 1,543.7
Policy loans......................................................... 1,797.2 1,827.9
Cash and other invested assets....................................... 440.9 442.5
Deferred policy acquisition costs.................................... 823.6 878.1
Other assets......................................................... 286.1 288.5
----------------- -----------------
Total Assets......................................................... $ 8,612.8 $ 8,105.5
================= =================
Liabilities
Future policy benefits and policyholders' account balances........... $ 9,346.7 $ 8,965.3
Other liabilities.................................................... 160.5 104.2
----------------- -----------------
Total Liabilities.................................................... $ 9,507.2 $ 9,069.5
================= =================
</TABLE>
F-21
<PAGE>
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Revenues
Premiums and other revenue......................... $ 753.4 $ 798.1 $ 860.2
Investment income (net of investment
expenses of $26.7, $19.0 and $17.3).............. 538.9 523.0 526.5
Investment losses, net............................. (20.2) (24.0) (15.0)
----------------- ---------------- -----------------
Total revenues............................... 1,272.1 1,297.1 1,371.7
----------------- ---------------- -----------------
Benefits and Other Deductions
Policyholders' benefits and dividends.............. 1,085.1 1,075.6 1,141.4
Other operating costs and expenses................. 62.6 70.5 102.0
----------------- ---------------- -----------------
Total benefits and other deductions.......... 1,147.7 1,146.1 1,243.4
----------------- ---------------- -----------------
Contribution from the Closed Block................. $ 124.4 $ 151.0 $ 128.3
================= ================ =================
</TABLE>
The fixed maturity portfolio, based on amortized cost, includes $4.3
million and $23.8 million at December 31, 1995 and 1994, respectively,
of restructured securities which includes problem fixed maturities of
$1.9 million and $6.4 million, respectively.
During the eleven months ended November 30, 1995, one security
classified as held to maturity was sold and ten securities classified as
held to maturity were transferred to the available for sale portfolio.
All actions resulted from a significant deterioration in
creditworthiness. The amortized cost of the security sold was $4.2
million. The aggregate amortized cost of the securities transferred was
$81.3 million with gross unrealized investment losses of $.1 million
transferred to equity. At December 1, 1995, $1,750.7 million of
securities classified as held to maturity were transferred to the
available for sale portfolio. As a result, unrealized gains of $88.5
million on fixed maturities were recognized and offset by an increase to
the deferred dividend liability. Implementation of SFAS No. 115 for the
valuation of fixed maturities at December 31, 1993 resulted in the
recognition of a deferred dividend liability of $49.6 million.
At December 31, 1995 and 1994, problem mortgage loans on real estate had
an amortized cost of $36.5 million and $27.6 million, respectively, and
mortgage loans on real estate for which the payment terms have been
restructured had an amortized cost of $137.7 million and $179.2 million,
respectively. At December 31, 1995 and 1994, the restructured mortgage
loans on real estate amount included $8.8 million and $.7 million,
respectively, of problem mortgage loans on real estate.
Valuation allowances amounted to $18.4 million and $46.2 million on
mortgage loans on real estate and $4.3 million and $2.6 million on
equity real estate at December 31, 1995 and 1994, respectively.
Writedowns of fixed maturities amounted to $16.8 million and $15.9
million and $1.7 million for the years ended December 31, 1995, 1994 and
1993, respectively.
Many expenses related to Closed Block operations are charged to
operations outside of the Closed Block; accordingly, the contribution
from the Closed Block does not represent the actual profitability of the
Closed Block operations. Operating costs and expenses outside of the
Closed Block are, therefore, disproportionate to the business outside of
the Closed Block.
F-22
<PAGE>
7) DISCONTINUED OPERATIONS
Summarized financial information of the GIC Segment follows:
<TABLE>
<CAPTION>
DECEMBER 31,
--------------------------------------
1995 1994
----------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Assets
Mortgage loans on real estate........................................ $ 1,485.8 $ 1,730.5
Equity real estate................................................... 1,122.1 1,194.8
Other invested assets................................................ 665.2 978.8
Other assets......................................................... 579.3 529.5
----------------- -----------------
Total Assets......................................................... $ 3,852.4 $ 4,433.6
================= =================
Liabilities
Policyholders' liabilities........................................... $ 1,399.8 $ 1,924.0
Allowance for future losses.......................................... 164.2 185.6
Amounts due to continuing operations................................. 2,097.1 2,108.6
Other liabilities.................................................... 191.3 215.4
----------------- -----------------
Total Liabilities.................................................... $ 3,852.4 $ 4,433.6
================= =================
</TABLE>
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Revenues
Investment income (net of investment expenses
of $143.8, $174.0 and $175.8).................... $ 325.1 $ 395.0 $ 535.1
Investment (losses) gains, net..................... (22.9) 26.8 (22.6)
Policy fees, premiums and other income............. .7 .3 8.7
----------------- ---------------- -----------------
Total revenues..................................... 302.9 422.1 521.2
Benefits and other deductions...................... 328.0 443.8 545.9
----------------- ---------------- -----------------
Losses Charged to Allowance for Future Losses...... $ (25.1) $ (21.7) $ (24.7)
================= ================ =================
</TABLE>
In 1991, the Company established a pre-tax provision of $396.7 million
for the estimated future losses of the GIC Segment. At December 31,
1993, implementation of SFAS No. 115 for the valuation of fixed
maturities resulted in a benefit of $13.1 million, offset by a
corresponding addition to the allowance for future losses.
The amounts due to continuing operations at December 31, 1994 consisted
of $3,324.0 million borrowed by the GIC Segment from continuing
operations, offset by $1,215.4 million representing an obligation of
continuing operations to provide assets to fund the accumulated deficit
of the GIC Segment. In January 1995, continuing operations transferred
$1,215.4 million in cash to the GIC Segment in settlement of its
obligation. Subsequently, the GIC Segment remitted $1,155.4 million in
cash to continuing operations in partial repayment of borrowings by the
GIC Segment. No gains or losses were recognized on these transactions.
Amounts due to continuing operations at December 31, 1995, consisted of
$2,097.1 million borrowed by the discontinued GIC Segment.
F-23
<PAGE>
Investment income included $88.2 million and $97.7 million of interest
income for the years ended December 31, 1994 and 1993, respectively, on
amounts due from continuing operations. Benefits and other deductions
includes $154.6 million, $219.7 million and $197.1 million of interest
expense related to amounts borrowed from continuing operations in 1995,
1994 and 1993, respectively.
Valuation allowances amounted to $19.2 million and $50.2 million on
mortgage loans on real estate and $77.9 million and $74.7 million on
equity real estate at December 31, 1995 and 1994, respectively.
Writedowns of fixed maturities amounted to $8.1 million, $17.8 million
and $1.1 million for the years ended December 31, 1995, 1994 and 1993,
respectively.
The fixed maturity portfolio, based on amortized cost, includes $15.1
million and $43.3 million at December 31, 1995 and 1994, respectively,
of restructured securities. These amounts include problem fixed
maturities of $6.1 million and $9.7 million at December 31, 1995 and
1994, respectively.
At December 31, 1995 and 1994, problem mortgage loans on real estate had
amortized costs of $35.4 million and $14.9 million, respectively, and
mortgage loans on real estate for which the payment terms have been
restructured had amortized costs of $289.3 million and $371.2 million,
respectively.
At December 31, 1995 and 1994, the GIC Segment had $310.9 million and
$312.2 million, respectively, of real estate acquired in satisfaction of
debt.
8) SHORT-TERM AND LONG-TERM DEBT
Short-term and long-term debt consists of the following:
<TABLE>
<CAPTION>
DECEMBER 31,
--------------------------------------
1995 1994
----------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Short-term debt...................................................... $ - $ 20.0
----------------- -----------------
Long-term debt:
Equitable Life:
Surplus notes, 6.95%, scheduled to mature 2005..................... 399.3 -
Surplus notes, 7.70%, scheduled to mature 2015..................... 199.6 -
Eurodollar notes, 10.375% due 1995................................. - 34.6
Eurodollar notes, 10.5% due 1997................................... 76.2 76.2
Zero coupon note, 11.25% due 1997.................................. 120.1 107.8
Other.............................................................. 16.3 14.3
----------------- -----------------
Total Equitable Life........................................... 811.5 232.9
----------------- -----------------
Wholly Owned and Joint Venture Real Estate:
Mortgage notes, 4.98% - 12.75% due through 2019.................... 1,084.4 1,080.6
----------------- -----------------
Alliance:
Other.............................................................. 3.4 3.9
----------------- -----------------
Total long-term debt................................................. 1,899.3 1,317.4
----------------- -----------------
Total Short-term and Long-term Debt.................................. $ 1,899.3 $ 1,337.4
================= =================
</TABLE>
Short-term Debt
---------------
Equitable Life has a $350.0 million bank credit facility available to
fund short-term working capital needs and to facilitate the securities
settlement process. The credit facility consists of two types of
borrowing options with varying interest rates. The interest rates are
based on external indices dependent on the type of borrowing and at
December 31, 1995 range from 5.8% (the London Interbank Offering Rate
plus 22.5 basis points) to 8.5% (the prime rate). There were no
borrowings outstanding under this bank credit facility at December 31,
1995.
F-24
<PAGE>
Equitable Life has a commercial paper program with an issue limit of
$500.0 million. This program is available for general corporate purposes
used to support Equitable Life's liquidity needs and is supported by
Equitable Life's existing $350.0 million five-year bank credit facility.
There were no borrowings outstanding under this program at December 31,
1995.
In 1994, Alliance established a $100.0 million revolving credit facility
with several banks. On March 31, 1997, the revolving credit facility
converts into a term loan payable in quarterly installments through
March 31, 1999. Outstanding borrowings generally bear interest at the
Eurodollar rate plus .875% per annum through March 31, 1997 and at the
Eurodollar rate plus 1.125% per annum after conversion through March 31,
1999. In addition, a quarterly commitment fee of .25% per annum is paid
on the average daily unused amount. At December 31, 1995, there were no
amounts outstanding under the facility.
In 1994, Alliance also established a $100.0 million commercial paper
program and entered into a three-year $100.0 million revolving credit
facility with a group of commercial banks to support commercial paper to
be issued under the program and for general corporate purposes. Amounts
outstanding under the facility bear interest at an annual rate ranging
from the Eurodollar rate plus .225% to the Eurodollar rate plus .2875%.
A fee of .125% per annum is paid quarterly on the entire facility. At
December 31, 1995, Alliance had not issued any commercial paper and
there were no amounts outstanding under the revolving credit facility.
During 1994, EREIM established two bank lines of credit totaling $30.0
million of which $20.0 million was outstanding at December 31, 1994.
Long-term Debt
--------------
Several of the long-term debt agreements have restrictive covenants
related to the total amount of debt, net tangible assets and other
matters. The Company is in compliance with all debt covenants.
On December 18, 1995, Equitable Life issued, in accordance with Section
1307 of the New York Insurance Law, $400.0 million of surplus notes
having an interest rate of 6.95% scheduled to mature in 2005 and $200.0
million of surplus notes having an interest rate of 7.70% scheduled to
mature in 2015. Proceeds from the issuance of the surplus notes were
$596.6 million, net of related issuance costs. The unamortized discount
on the surplus notes was $1.1 million at December 31, 1995. Payments of
interest on or principal of the surplus notes are subject to prior
approval by the New York Insurance Department.
The Company has pledged real estate, mortgage loans, cash and securities
amounting to $1,629.7 million and $1,744.4 million at December 31, 1995
and 1994, respectively, as collateral for certain long-term debt.
At December 31, 1995, aggregate maturities of the long-term debt based
on required principal payments at maturity for 1996 and the succeeding
four years are $124.0 million, $466.6 million, $309.5 million, $15.8
million, respectively, and $1,015.0 million thereafter.
9) FEDERAL INCOME TAXES
A summary of the Federal income tax expense (benefit) in the
consolidated statements of earnings is shown below:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Federal income tax expense (benefit):
Current.......................................... $ (11.7) $ 4.0 $ 115.8
Deferred......................................... 124.1 97.2 (24.5)
----------------- ---------------- -----------------
Total.............................................. $ 112.4 $ 101.2 $ 91.3
================= ================ =================
</TABLE>
F-25
<PAGE>
The Federal income taxes attributable to consolidated operations are
different from the amounts determined by multiplying the earnings before
Federal income taxes and cumulative effect of accounting change by the
expected Federal income tax rate of 35%. The sources of the difference
and the tax effects of each are as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Expected Federal income tax expense................ $ 143.5 $ 138.1 $ 106.3
Differential earnings amount....................... - (16.8) (23.2)
Adjustment of tax audit reserves................... 4.1 (4.6) 22.9
Tax rate adjustment................................ - - (5.0)
Other.............................................. (35.2) (15.5) (9.7)
----------------- --------------- -----------------
Federal Income Tax Expense......................... $ 112.4 $ 101.2 $ 91.3
================= ================ =================
</TABLE>
Prior to the date of demutualization, Equitable Life reduced its
deduction for policyholder dividends by the differential earnings
amount. This amount was computed, for each tax year, by multiplying
Equitable Life's average equity base, as determined for tax purposes, by
an estimate of the excess of an imputed earnings rate for stock life
insurance companies over the average mutual life insurance companies'
earnings rate. The differential earnings amount for each tax year was
subsequently recomputed when actual earnings rates were published by the
Internal Revenue Service. As a stock life insurance company, Equitable
Life is no longer required to reduce its policyholder dividend deduction
by the differential earnings amount, but differential earnings amounts
for pre-demutualization years were still being recomputed in 1994 and
1993.
The components of the net deferred Federal income tax asset are as
follows:
<TABLE>
<CAPTION>
DECEMBER 31, 1995 December 31, 1994
--------------------------------- ---------------------------------
ASSETS LIABILITIES Assets Liabilities
--------------- ---------------- --------------- ---------------
(IN MILLIONS)
<S> <C> <C> <C> <C>
Deferred policy acquisition costs,
reserves and reinsurance............. $ - $ 303.2 $ - $ 220.3
Investments............................ - 326.9 - 18.7
Compensation and related benefits...... 293.0 - 307.3 -
Other.................................. - 32.3 - 5.8
--------------- ---------------- --------------- ---------------
Total.................................. $ 293.0 $ 662.4 $ 307.3 $ 244.8
=============== ================ =============== ===============
</TABLE>
The deferred Federal income tax expense (benefit) impacting operations
reflect the net tax effects of temporary differences between the
carrying amounts of assets and liabilities for financial reporting
purposes and the amounts used for income tax purposes. The sources of
these temporary differences and the tax effects of each are as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Deferred policy acquisition costs, reserves
and reinsurance.................................. $ 55.1 $ 13.0 $ (46.7)
Investments........................................ 13.0 89.3 60.4
Compensation and related benefits.................. 30.8 10.0 (50.1)
Other.............................................. 25.2 (15.1) 11.9
----------------- ---------------- -----------------
Deferred Federal Income Tax Expense (Benefit)...... $ 124.1 $ 97.2 $ (24.5)
================= ================ =================
</TABLE>
F-26
<PAGE>
The Internal Revenue Service completed its audit of the Company's
Federal income tax returns for the years 1984 through 1988. There was no
material effect on the Company's consolidated results of operations.
10) REINSURANCE AGREEMENTS
The Insurance Group assumes and cedes reinsurance with other insurance
companies. The Insurance Group evaluates the financial condition of its
reinsurers to minimize its exposure to significant losses from reinsurer
insolvencies. The effect of reinsurance (excluding group life and
health) is summarized as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Direct premiums.................................... $ 474.2 $ 476.7 $ 458.8
Reinsurance assumed................................ 171.3 180.5 169.9
Reinsurance ceded.................................. (38.7) (31.6) (29.6)
----------------- ---------------- -----------------
Premiums........................................... $ 606.8 $ 625.6 $ 599.1
================= ================ =================
Universal Life and Investment-type Product
Policy Fee Income Ceded.......................... $ 38.9 $ 27.5 $ 33.7
================= ================ =================
Policyholders' Benefits Ceded...................... $ 48.2 $ 20.7 $ 72.3
================= ================ =================
Interest Credited to Policyholders' Account
Balances Ceded................................... $ 28.5 $ 25.4 $ 24.1
================= ================ =================
</TABLE>
In February 1993, management established a practice limiting the risk
retention on new policies issued by the Insurance Group to a maximum of
$5.0 million. In addition, effective January 1, 1994, all in force
business above $5.0 million was reinsured. The Insurance Group also
reinsures the entire risk on certain substandard underwriting risks as
well as in certain other cases.
The Insurance Group cedes 100% of its group life and health business to
a third party insurance company. Premiums ceded totaled $260.6 million,
$241.0 million and $895.1 million for the years ended December 31, 1995,
1994 and 1993, respectively. Ceded death and disability benefits totaled
$188.1 million, $235.5 million and $787.8 million for the years ended
December 31, 1995, 1994 and 1993, respectively. Insurance liabilities
ceded totaled $724.2 million and $833.4 million at December 31, 1995 and
1994, respectively.
11) EMPLOYEE BENEFIT PLANS
The Company sponsors qualified and non-qualified defined benefit plans
covering substantially all employees (including certain qualified
part-time employees), managers and certain agents. The pension plans are
non-contributory and benefits are based on a cash balance formula or
years of service and final average earnings, if greater, under certain
grandfathering rules in the plans. The Company's funding policy is to
make the minimum contribution required by the Employee Retirement Income
Security Act of 1974.
Components of net periodic pension (credit) cost for the qualified and
non-qualified plans are as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Service cost....................................... $ 30.0 $ 30.3 $ 29.8
Interest cost on projected benefit obligations..... 122.0 111.0 108.0
Actual return on assets............................ (309.2) 24.4 (178.6)
Net amortization and deferrals..................... 155.6 (142.5) 55.3
----------------- ---------------- -----------------
Net Periodic Pension (Credit) Cost................. $ (1.6) $ 23.2 $ 14.5
================= ================ =================
</TABLE>
F-27
<PAGE>
The funded status of the qualified and non-qualified pension plans is as
follows:
<TABLE>
<CAPTION>
DECEMBER 31,
------------------------------------
1995 1994
---------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Actuarial present value of obligations:
Vested............................................................... $ 1,642.4 $ 1,295.5
Non-vested........................................................... 10.9 8.7
--------------- -----------------
Accumulated Benefit Obligation......................................... $ 1,653.3 $ 1,304.2
================ =================
Plan assets at fair value.............................................. $ 1,503.8 $ 1,193.5
Projected benefit obligation........................................... 1,743.0 1,403.4
---------------- -----------------
Projected benefit obligation in excess of plan assets.................. (239.2) (209.9)
Unrecognized prior service cost........................................ (25.5) (33.2)
Unrecognized net loss from past experience different from that
assumed.............................................................. 368.2 298.9
Unrecognized net asset at transition................................... (7.3) (20.8)
Additional minimum liability........................................... (51.9) (37.8)
---------------- -----------------
Prepaid (Accrued) Pension Cost......................................... $ 44.3 $ (2.8)
================ =================
</TABLE>
The discount rate and rate of increase in future compensation levels
used in determining the actuarial present value of projected benefit
obligations were 7.25% and 4.50%, respectively, at December 31, 1995 and
8.75% and 4.88%, respectively, at December 31, 1994. As of January 1,
1995 and 1994, the expected long-term rate of return on assets for the
retirement plan was 11% and 10%, respectively.
The Company recorded, as a reduction of shareholder's equity, an
additional minimum pension liability of $35.1 million and $2.7 million,
net of Federal income taxes, at December 31, 1995 and 1994,
respectively, representing the excess of the accumulated benefit
obligation over the fair value of plan assets and accrued pension
liability.
The pension plan's assets include corporate and government debt
securities, equity securities, equity real estate and shares of Group
Trusts managed by Alliance.
As of December 31, 1993, the Company changed the method of determining
the market-related value of plan assets from fair value to a calculated
value. This change in estimate had no material effect on the Company's
consolidated statements of earnings.
Prior to 1987, the qualified plan funded participants' benefits through
the purchase of non-participating annuity contracts from Equitable Life.
Benefit payments under these contracts were approximately $36.4 million,
$38.1 million and $39.9 million for the years ended December 31, 1995,
1994 and 1993, respectively.
The Company provides certain medical and life insurance benefits
(collectively, "postretirement benefits") for qualifying employees,
managers and agents retiring from the Company on or after attaining age
55 who have at least 10 years of service. The life insurance benefits
are related to age and salary at retirement. The costs of postretirement
benefits are recognized in accordance with the provisions of SFAS No.
106. The Company continues to fund postretirement benefits costs on a
pay-as-you-go basis and, for the years ended December 31, 1995, 1994 and
1993, the Company made estimated postretirement benefits payments of
$31.1 million, $29.8 million and $29.7 million, respectively.
F-28
<PAGE>
The following table sets forth the postretirement benefits plan's
status, reconciled to amounts recognized in the Company's consolidated
financial statements:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Service cost....................................... $ 4.0 $ 3.9 $ 5.3
Interest cost on accumulated postretirement
benefits obligation.............................. 34.7 28.6 29.2
Unrecognized prior service cost.................... (2.3) (3.9) (6.9)
Net amortization and deferrals..................... - - 1.5
----------------- ---------------- -----------------
Net Periodic Postretirement Benefits Costs......... $ 36.4 $ 28.6 $ 29.1
================= ================ =================
</TABLE>
<TABLE>
<CAPTION>
DECEMBER 31,
------------------------------------
1995 1994
---------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Accumulated postretirement benefits obligation:
Retirees............................................................. $ 391.8 $ 300.4
Fully eligible active plan participants.............................. 50.4 33.0
Other active plan participants....................................... 64.2 44.0
---------------- -----------------
506.4 377.4
Unrecognized benefit of plan amendments................................ - 3.2
Unrecognized prior service cost........................................ 56.3 61.9
Unrecognized net loss from past experience different from that
assumed and from changes in assumptions.............................. (181.3) (64.7)
---------------- -----------------
Accrued Postretirement Benefits Cost................................... $ 381.4 $ 377.8
================ =================
</TABLE>
In 1993, the Company amended the cost sharing provisions of
postretirement medical benefits. At January 1, 1994, medical benefits
available to retirees under age 65 are the same as those offered to
active employees and medical benefits will be limited to 200% of 1993
costs for all participants.
The assumed health care cost trend rate used in measuring the
accumulated postretirement benefits obligation was 10% in 1995,
gradually declining to 3.5% in the year 2008 and in 1994 was 10%,
gradually declining to 5% in the year 2004. The discount rate used in
determining the accumulated postretirement benefits obligation was 7.25%
and 8.75% at December 31, 1995 and 1994, respectively.
If the health care cost trend rate assumptions were increased by 1%, the
accumulated postretirement benefits obligation as of December 31, 1995
would be increased 6.5%. The effect of this change on the sum of the
service cost and interest cost would be an increase of 6.7%.
12) DERIVATIVES AND FAIR VALUE OF FINANCIAL INSTRUMENTS
Derivatives
-----------
The Insurance Group primarily uses derivatives for asset/liability risk
management and for hedging individual securities. Derivatives mainly are
utilized to reduce the Insurance Group's exposure to interest rate
fluctuations. Accounting for interest rate swap transactions is on an
accrual basis. Gains and losses related to interest rate swap
transactions are amortized as yield adjustments over the remaining life
of the underlying hedged security. Income and expense resulting from
interest rate swap activities are reflected in net investment income
except for hedging transactions related to insurance liabilities. The
notional amount of matched interest rate swaps outstanding at December
31, 1995 was $1,120.8 million. The average unexpired terms at December
31, 1995 range from 2.5 to 3.0 years. At December 31, 1995, the cost of
terminating outstanding matched swaps in a loss position was $15.9
million and the unrealized gain on
F-29
<PAGE>
outstanding matched swaps in a gain position was $19.0 million. The
Company has no intention of terminating these contracts prior to
maturity. During 1995, 1994 and 1993, net gains (losses) of $1.4
million, $(.2) million and $-0- million, respectively, were recorded in
connection with interest rate swap activity. Equitable Life has
implemented an interest rate cap program designed to hedge crediting
rates on interest-sensitive individual annuities contracts. The
outstanding notional amounts at December 31, 1995 of contracts purchased
and sold were $2,625.0 million and $300.0 million, respectively. The net
premium paid by Equitable Life on these contracts was $12.5 million and
is being amortized ratably over the contract periods ranging from 3 to 5
years. Income and expense resulting from this program are reflected as
an adjustment to interest credited to policyholders' account balances.
Substantially all of DLJ's business related derivatives is by its nature
trading activities which are primarily for the purpose of customer
accommodations. DLJ's derivative activities consist of option writing
and trading in forward and futures contracts. Derivative financial
instruments have both on-and-off balance sheet implications depending on
the nature of the contracts. DLJ's involvement in swap contracts is not
significant.
Fair Value of Financial Instruments
-----------------------------------
The Company defines fair value as the quoted market prices for those
instruments that are actively traded in financial markets. In cases
where quoted market prices are not available, fair values are estimated
using present value or other valuation techniques. The fair value
estimates are made at a specific point in time, based on available
market information and judgments about the financial instrument,
including estimates of timing, amount of expected future cash flows and
the credit standing of counterparties. Such estimates do not reflect any
premium or discount that could result from offering for sale at one time
the Company's entire holdings of a particular financial instrument, nor
do they consider the tax impact of the realization of unrealized gains
or losses. In many cases, the fair value estimates cannot be
substantiated by comparison to independent markets, nor can the
disclosed value be realized in immediate settlement of the instrument.
Certain financial instruments are excluded, particularly insurance
liabilities other than financial guarantees and investment contracts.
Fair market value of off-balance-sheet financial instruments of the
Insurance Group was not material at December 31, 1995 and 1994.
Fair value for mortgage loans on real estate are estimated by
discounting future contractual cash flows using interest rates at which
loans with similar characteristics and credit quality would be made.
Fair values for foreclosed mortgage loans and problem mortgage loans are
limited to the estimated fair value of the underlying collateral if
lower.
The estimated fair values for the Company's liabilities under GIC and
association plan contracts are estimated using contractual cash flows
discounted based on the T. Rowe Price GIC Index Rate for the appropriate
duration. For durations in excess of the published index rate, the
appropriate Treasury rate is used plus a spread equal to the longest
duration GIC rate spread published.
The estimated fair values for those group annuity contracts which are
classified as investment contracts are measured at the estimated fair
value of the underlying assets. Deposit administration contracts
(included with group annuity contracts) classified as insurance
contracts are measured at estimated fair value of the underlying assets.
The estimated fair values for single premium deferred annuities ("SPDA")
are estimated using projected cash flows discounted at current offering
rates. The estimated fair values for supplementary contracts not
involving life contingencies ("SCNILC") and annuities certain are
derived using discounted cash flows based upon the estimated current
offering rate.
Fair value for long-term debt is determined using published market
values, where available, or contractual cash flows discounted at market
interest rates. The estimated fair values for non-recourse mortgage debt
are determined by discounting contractual cash flows at a rate which
takes into account the level of current market interest rates and
collateral risk. The estimated fair values for recourse mortgage debt
are determined by discounting contractual cash flows at a rate based
upon current interest rates of other companies with credit ratings
similar to the Company. The Company's fair value of short-term
borrowings approximates their carrying value.
F-30
<PAGE>
The following table discloses carrying value and estimated fair value
for financial instruments not otherwise disclosed in Notes 3, 6 and 7:
<TABLE>
<CAPTION>
DECEMBER 31,
--------------------------------------------------------------------
1995 1994
--------------------------------- ---------------------------------
CARRYING ESTIMATED Carrying Estimated
VALUE FAIR VALUE Value Fair Value
--------------- ---------------- --------------- ---------------
(IN MILLIONS)
<S> <C> <C> <C> <C>
Consolidated Financial Instruments:
-----------------------------------
Mortgage loans on real estate.......... $ 3,638.3 $ 3,973.6 $ 4,018.0 $ 3,919.4
Other joint ventures................... 492.7 492.7 544.4 544.4
Policy loans........................... 1,976.4 2,057.5 1,731.2 1,676.6
Policyholders' account balances:
Association plans.................... 101.0 100.0 141.0 141.0
Group annuity contracts.............. 2,335.0 2,395.0 2,450.0 2,469.0
SPDA................................. 1,265.8 1,272.0 1,744.3 1,732.7
Annuities certain and SCNILC......... 649.1 680.7 599.1 624.7
Long-term debt......................... 1,899.3 1,962.9 1,317.4 1,249.2
Closed Block Financial Instruments:
-----------------------------------
Mortgage loans on real estate.......... 1,368.8 1,461.4 1,543.7 1,477.8
Other equity investments............... 151.6 151.6 179.5 179.5
Policy loans........................... 1,797.2 1,891.4 1,827.9 1,721.9
SCNILC liability....................... 34.8 34.5 39.5 37.0
GIC Segment Financial Instruments:
----------------------------------
Mortgage loans on real estate.......... 1,485.8 1,666.1 1,730.5 1,743.7
Fixed maturities....................... 107.4 107.4 219.3 219.3
Other equity investments............... 455.9 455.9 591.8 591.8
Guaranteed interest contracts.......... 329.0 352.0 835.0 855.0
Long-term debt......................... 135.1 136.0 134.8 127.9
</TABLE>
13) COMMITMENTS AND CONTINGENT LIABILITIES
The Company has provided, from time to time, certain guarantees or
commitments to affiliates, investors and others. These arrangements
include commitments by the Company, under certain conditions: to make
liquidity advances to cover delinquent principal and interest and
property protection expenses with respect to loan servicing agreements
for securitized mortgage loans which at December 31, 1995 totaled $2.8
billion (as of December 31, 1995, $4.0 million have been advanced under
these commitments); to make capital contributions of up to $246.7
million to affiliated real estate joint ventures; to provide equity
financing to certain limited partnerships of $129.4 million at December
31, 1995, under existing loan or loan commitment agreements; and to
provide short-term financing loans which at December 31, 1995 totaled
$45.8 million. Management believes the Company will not incur any
material losses as a result of these commitments.
Equitable Life is the obligor under certain structured settlement
agreements which it had entered into with unaffiliated insurance
companies and beneficiaries. To satisfy its obligations under these
agreements, Equitable Life owns single premium annuities issued by
previously wholly owned life insurance subsidiaries. Equitable Life has
directed payment under these annuities to be made directly to the
beneficiaries under the structured settlement agreements. A contingent
liability exists with respect to these agreements should the previously
wholly owned subsidiaries be unable to meet their obligations.
Management believes the satisfaction of those obligations by Equitable
Life is remote.
At December 31, 1995, the Insurance Group had $29.0 million of letters
of credit outstanding.
F-31
<PAGE>
14) LITIGATION
A number of lawsuits have been filed against life and health insurers in
the jurisdictions in which Equitable Life and its subsidiaries do
business involving insurers' sales practices, alleged agent misconduct,
failure to properly supervise agents, and other matters. Some of the
lawsuits have resulted in the award of substantial judgments against
other insurers, including material amounts of punitive damages, or in
substantial settlements. In some states juries have substantial
discretion in awarding punitive damages. Equitable Life and its
insurance subsidiaries, like other life and health insurers, from time
to time are involved in such litigation. To date, no such lawsuit has
resulted in an award or settlement of any material amount against the
Company. Among litigations pending against Equitable Life and its
insurance subsidiaries of the type referred to in this paragraph are the
litigations described in the following two paragraphs.
An action entitled Golomb et al. v. The Equitable Life Assurance Society
of the United States was filed on January 20, 1995 in New York County
Supreme Court. The action purports to be brought on behalf of a class of
persons insured after 1983 under Lifetime Guaranteed Renewable Major
Medical Insurance Policies issued by Equitable Life (the "policies").
The complaint alleges that premium increases for these policies after
1983, all of which were filed with and approved by the New York State
Insurance Department and certain other state insurance departments,
breached the terms of the insurance policies, and that statements in the
policies and elsewhere concerning premium increases constituted
fraudulent concealment, misrepresentations in violation of New York
Insurance Law Section 4226 and deceptive practices under New York
General Business Law Section 349. The complaint seeks a declaratory
judgment, injunctive relief restricting the methods by which Equitable
Life increases premiums on the policies in the future, a refund of
premiums, and punitive damages. Plaintiffs also have indicated that they
will seek damages in an unspecified amount. Equitable Life has moved to
dismiss the complaint in its entirety on the grounds that it fails to
state a claim and that uncontroverted documentary evidence establishes a
complete defense to the claims. That motion is awaiting decision by the
court. In January 1996, separate actions were filed in Pennsylvania and
Texas state courts (entitled, respectively, Malvin et al. v. The
Equitable Life Assurance Society of the United States and Bowler et al.
v. The Equitable Life Assurance Society of the United States), making
claims similar to those in the New York action described above. These
new actions are asserted on behalf of proposed classes of Pennsylvania
issued or renewed policyholders and Texas issued or renewed
policyholders, insured under the policies. The Pennsylvania and Texas
actions seek compensatory and punitive damages and injunctive relief
restricting the methods by which Equitable Life increases premiums in
the future based on the common law and statutes of those states.
Although the outcome of any litigation cannot be predicted with
certainty, particularly in the early stages of an action, Equitable
Life's management believes that the ultimate resolution of those
litigations should not have a material adverse effect on the financial
position of the Company. Due to the early stage of such litigation,
Equitable Life's management cannot make an estimate of loss, if any, or
predict whether or not such litigation will have a material adverse
effect on the Company's results of operations in any particular period.
An action was instituted on April 6, 1995 against Equitable Life and its
wholly owned subsidiary, The Equitable of Colorado, Inc. ("EOC"), in New
York State Court, entitled Sidney C. Cole et al. v. The Equitable Life
Assurance Society of the United States and The Equitable of Colorado,
Inc., No. 95/108611 (N.Y. County). The action is brought by the holders
of a joint survivorship whole life policy issued by EOC. The action
purports to be on behalf of a class consisting of all persons who from
January 1, 1984 purchased life insurance policies sold by Equitable Life
and EOC based upon their allegedly uniform sales presentations and
policy illustrations. The complaint puts in issue various alleged sales
practices that plaintiffs assert, among other things, misrepresented the
stated number of years that the annual premium would need to be paid.
Plaintiffs seek damages in an unspecified amount, imposition of a
constructive trust, and seek to enjoin Equitable Life and EOC from
engaging in the challenged sales practices. Equitable Life and EOC
intend to defend vigorously and believe that they have meritorious
defenses which, if successful, would dispose of the action completely.
Equitable Life and EOC further do not believe that this case is an
appropriate class action. Although the outcome of any litigation cannot
be predicted with certainty, particularly in the early stages of an
action, Equitable Life's management believes that the ultimate
F-32
<PAGE>
resolution of this litigation should not have a material adverse effect
on the financial position of the Company. Due to the early stage of such
litigation, the Company's management cannot make an estimate of loss, if
any, or predict whether or not such litigation will have a material
adverse effect on the Company's results of operations in any particular
period.
Equitable Casualty Insurance Company ("Casualty"), a captive property
and casualty insurance company organized under the laws of Vermont,
which is an indirect wholly owned subsidiary of Equitable Life, is a
party to an arbitration proceeding that commenced in August 1995 with
the selection of three arbitrators. The arbitration will resolve a
dispute among Casualty, Houston General Insurance Company ("Houston
General"), and GEICO General Insurance Company ("GEICO General")
regarding the interpretation of a reinsurance agreement that was entered
into as part of a 1980 transaction whereby Equitable General Insurance
Company ("Equitable General"), formerly an indirect subsidiary of
Equitable Life and the predecessor of GEICO General, sold its commercial
lines business along with the stock of Houston General to subsidiaries
of Tokio Marine & Fire Insurance Company, Ltd. ("Tokio Marine").
Casualty and GEICO General maintain that, under the reinsurance
agreement, Houston General assumed liability for all losses insured
under commercial lines policies written by Equitable General and its
predecessors in order to effect the transfer of that business to Tokio
Marine's subsidiaries. Houston General contends that it did not assume
reinsurance liability for losses insured under certain of those
commercial lines policies. The arbitration panel determined to begin
hearing evidence in the arbitration in June 1996. The result of the
arbitration is expected to resolve two litigations that were commenced
by Houston General and that have been stayed by the presiding courts
pending the completion of the arbitration (in one case, Houston General
named as a defendant only GEICO General but Casualty intervened as a
defendant with GEICO General, and in the other case, Houston General
named GEICO General and Equitable Life). The arbitration is expected to
be completed during the second half of 1996. While the ultimate outcome
of the arbitration cannot be predicted with certainty, the Company's
management believes that the arbitrators will recognize that Houston
General's position is without merit and contrary to the way in which the
reinsurance industry operates and therefore the ultimate resolution of
this matter should not have a material adverse effect on the Company's
financial position or results of operations.
On July 25, 1995, a Consolidated and Supplemental Class Action Complaint
("Complaint") was filed against the Alliance North American Government
Income Trust, Inc. (the "Fund"), Alliance and certain other defendants
affiliated with Alliance, including the Holding Company, alleging
violations of Federal securities laws, fraud and breach of fiduciary
duty in connection with the Fund's investments in Mexican and Argentine
securities. A similar complaint was filed on November 7, 1995 and was
subsequently consolidated with the Complaint. The Complaint, which seeks
certification of a plaintiff class of persons who purchased or owned
Class A, B or C shares of the Fund from March 27, 1992 through December
23, 1994, seeks an unspecified amount of damages, costs, attorneys' fees
and punitive damages. The principal allegations of the Complaint are
that the Fund purchased debt securities issued by the Mexican and
Argentine governments in amounts that were not permitted by the Fund's
investment objective, and that there was no shareholder vote to change
the investment objective to permit purchases in such amounts. The
Complaint further alleges that the decline in the value of the Mexican
and Argentine securities held by the Fund caused the Fund's net asset
value to decline to the detriment of the Fund's shareholders. On
September 26, 1995, the defendants jointly filed a motion to dismiss the
Complaint which has not yet been decided by the Court. Alliance believes
that the allegations in the Complaint are without merit and intends to
vigorously defend against these claims. While the ultimate results of
this action cannot be determined, management of Alliance does not expect
that this action will have a material adverse effect on Alliance's
business.
On January 26, 1996, a purported purchaser of certain notes and warrants
to purchase shares of common stock of Rickel Home Centers, Inc.
("Rickel") filed a class action complaint against Donaldson, Lufkin &
Jenrette Securities Corporation ("DLJSC"), a wholly owned subsidiary of
DLJ, and certain other defendants for unspecified compensatory and
punitive damages in the United States District Court for the Southern
District of New York. The suit was brought on behalf of the purchasers
of 126,457 units consisting of $126,457,000 aggregate principal amount
of 13 1/2% senior notes due 2001 and 126,457 warrants to purchase shares
of common stock of Rickel (the "Units") issued by Rickel in October
1994. The complaint alleges violations of Federal securities laws and
common law fraud against DLJSC, as the underwriter of
F-33
<PAGE>
the Units and as an owner of 7.3% of the common stock of Rickel, Eos
Partners, L.P., and General Electric Capital Corporation, each as owners
of 44.2% of the common stock of Rickel, and members of the Board of
Directors of Rickel, including a DLJSC Managing Director. The complaint
seeks to hold DLJSC liable for alleged misstatements and omissions
contained in the prospectus and registration statement filed in
connection with the offering of the Units, alleging that the defendants
knew of financial losses and a decline in value of Rickel in the months
prior to the offering and did not disclose such information. The
complaint also alleges that Rickel failed to pay its semi-annual
interest payment due on the Units on December 15, 1995 and that Rickel
filed a voluntary petition for reorganization pursuant to Chapter 11 of
the United States Bankruptcy Code on January 10, 1996. DLJSC intends to
defend itself vigorously against all of the allegations contained in the
complaint. Although there can be no assurance, DLJ does not believe the
outcome of this litigation will have a material adverse effect on its
financial condition. Due to the early stage of this litigation, based on
the information currently available to it, DLJ's management cannot make
an estimate of loss or predict whether or not such litigation will have
a material adverse effect on DLJ's results of operations in any
particular period.
On June 12, 1995, a purported purchaser of certain securities issued by
Spectravision, Inc. ("Spectravision") filed a class action complaint
against DLJSC and certain other defendants for unspecified damages in
the U.S. District Court for the Northern District of Texas. The suit was
brought on behalf of the purchasers of $260,795,000 of securities issued
by Spectravision in November 1992, and alleges violations of the Federal
securities laws and the Texas Securities Act, common law fraud and
negligent misrepresentation. The securities were issued by Spectravision
pursuant to a prepackaged bankruptcy reorganization plan. DLJSC served
as financial advisor to Spectravision in its reorganization and as
Dealer Manager for Spectravision's 1992 issuance of the securities.
DLJSC is also being sued as a seller of certain notes of Spectravision
acquired and resold by DLJSC. The complaint seeks to hold DLJSC liable
for various alleged misstatements and omissions contained in
prospectuses and other materials issued between July 1992 and June 1994.
DLJSC intends to defend itself vigorously against all of the allegations
contained in the complaint. On June 8, 1995, Spectravision filed a
Chapter 11 petition in the United States Bankruptcy Court for the
District of Delaware. On January 5, 1996, the district court in the
litigation involving DLJSC ordered a partial stay of discovery until
Spectravision has emerged from bankruptcy or six months from the date of
the stipulated stay (whichever comes first). Accordingly, discovery of
DLJSC has not yet occurred. Although there can be no assurance, DLJ does
not believe that the ultimate outcome of this litigation will have a
material adverse effect on its financial condition. Due to the early
stage of such litigation, based upon information currently available to
it, DLJ's management cannot make an estimate of loss or predict whether
or not such litigation will have a material adverse effect on DLJ's
results of operations in any particular period. Plaintiff's counsel in
the class action against DLJSC described above has also filed another
securities class action based on similar factual allegations. Such suit
names as defendants Spectravision and its directors, and was brought on
behalf of a class of purchasers of $209.0 million of stock and $77.0
million of notes issued by Spectravision in October 1993. DLJSC served
as the managing underwriter for both of these issuances. DLJSC has not
been named as a defendant in this suit, although it has been reported to
DLJSC that plaintiff's counsel is contemplating seeking to amend the
complaint to add DLJSC as a defendant in that action.
In October 1995, DLJSC was named as a defendant in a purported class
action filed in a Texas State Court on behalf of the holders of $550.0
million principal amount of subordinated redeemable discount debentures
of National Gypsum Corporation ("NGC") canceled in connection with a
Chapter 11 plan of reorganization for NGC consummated in July 1993. The
named plaintiff in the State Court action also filed an adversary
proceeding in the Bankruptcy Court for the Northern District of Texas
seeking a declaratory judgment that the confirmed NGC plan of
reorganization does not bar the class action claims. Subsequent to the
consummation of NGC's plan of reorganization, NGC's shares traded for
values substantially in excess of, and in 1995 NGC was acquired for a
value substantially in excess of, the values upon which NGC's plan of
reorganization was based. The two actions arise out of DLJSC's
activities as financial advisor to NGC in the course of NGC's Chapter 11
reorganization proceedings. The class action complaint alleges that the
plan of reorganization submitted by NGC was based upon projections by
NGC and DLJSC which intentionally understated forecasts, and provided
misleading and incorrect information in order to hide NGC's true value
and that defendants breached their fiduciary duties by, among other
things, providing false, misleading or incomplete information to
deliberately understate the value of NGC. The class action complaint
seeks compensatory and punitive damages purportedly sustained by the
class. The Texas State
F-34
<PAGE>
Court action has subsequently been removed to the Bankruptcy Court,
which removal is being opposed by the plaintiff. DLJSC intends to defend
itself vigorously against all of the allegations contained in the
complaint. Although there can be no assurance, DLJ does not believe that
the ultimate outcome of this litigation will have a material adverse
effect on its financial condition. Due to the early stage of such
litigation, based upon the information currently available to it, DLJ's
management cannot make an estimate of loss or predict whether or not
such litigation will have a material adverse effect on DLJ's results of
operations in any particular period.
In November and December 1995, DLJSC, along with various other parties,
was named as a defendant in a number of purported class actions filed in
the U.S. District Court for the Eastern District of Louisiana. The
complaints allege violations of the Federal securities laws arising out
of a public offering in 1994 of $435.0 million of first mortgage notes
of Harrah's Jazz Company and Harrah's Jazz Finance Corp. The complaints
seek to hold DLJSC liable for various alleged misstatements and
omissions contained in the prospectus dated November 9, 1994. DLJSC
intends to defend itself vigorously against all of the allegations
contained in the complaints. Although there can be no assurance, DLJ
does not believe that the ultimate outcome of this litigation will have
a material adverse effect on its financial condition. Due to the early
stage of this litigation, based upon the information currently available
to it, DLJ's management cannot make an estimate of loss or predict
whether or not such litigation will have a material adverse effect on
DLJ's results of operations in any particular period.
In addition to the matters described above, Equitable Life and its
subsidiaries and DLJ and its subsidiaries are involved in various legal
actions and proceedings in connection with their businesses. Some of the
actions and proceedings have been brought on behalf of various alleged
classes of claimants and certain of these claimants seek damages of
unspecified amounts. While the ultimate outcome of such matters cannot
be predicted with certainty, in the opinion of management no such matter
is likely to have a material adverse effect on the Company's
consolidated financial position or results of operations.
15) LEASES
The Company has entered into operating leases for office space and
certain other assets, principally data processing equipment and office
furniture and equipment. Future minimum payments under noncancelable
leases for 1996 and the succeeding four years are $114.8 million, $101.8
million, $90.0 million, $73.6 million, $57.7 million and $487.0 million
thereafter. Minimum future sublease rental income on these noncancelable
leases for 1996 and the succeeding four years are $11.0 million, $8.7
million, $6.9 million, $4.6 million, $2.9 million and $1.1 million
thereafter.
At December 31, 1995, the minimum future rental income on noncancelable
operating leases for wholly owned investments in real estate for 1996
and the succeeding four years are $292.9 million, $271.2 million, $248.1
million, $226.4 million, $195.5 million and $1,018.8 million thereafter.
F-35
<PAGE>
16) OTHER OPERATING COSTS AND EXPENSES
Other operating costs and expenses consisted of the following:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Compensation costs................................. $ 595.9 $ 690.0 $ 1,452.3
Commissions........................................ 314.3 313.0 551.1
Short-term debt interest expense................... 11.4 19.0 317.1
Long-term debt interest expense.................... 108.1 98.3 86.0
Amortization of policy acquisition costs........... 320.4 318.1 275.9
Capitalization of policy acquisition costs......... (391.0) (410.9) (397.8)
Rent expense, net of sub-lease income.............. 124.8 128.9 159.5
Other.............................................. 772.6 786.7 1,140.1
----------------- ---------------- -----------------
Total.............................................. $ 1,856.5 $ 1,943.1 $ 3,584.2
================= ================ =================
</TABLE>
During the years ended December 31, 1995, 1994 and 1993, the Company
restructured certain operations in connection with cost reduction
programs and recorded pre-tax provisions of $32.0 million, $20.4 million
and $96.4 million, respectively. The amounts paid during 1995,
associated with the 1995 and 1994 cost reduction programs, totaled $24.0
million. At December 31, 1995, the liabilities associated with the 1995
and 1994 cost reduction programs amounted to $37.8 million. The 1995
cost reduction program included relocation expenses, including the
accelerated amortization of building improvements associated with the
relocation of the home office. The 1994 cost reduction program included
costs associated with the termination of operating leases and employee
severance benefits in connection with the consolidation of 16 insurance
agencies. The 1993 cost reduction program primarily reflected severance
benefits of terminated employees in connection with the combination of a
wholly owned subsidiary of the Company with Alliance.
17) INSURANCE GROUP STATUTORY FINANCIAL INFORMATION
Equitable Life is restricted as to the amounts it may pay as dividends
to the Holding Company. Under the New York Insurance Law, the New York
Superintendent has broad discretion to determine whether the financia1
condition of a stock life insurance company would support the payment of
dividends to its shareholders. For the years ended December 31, 1995,
1994 and 1993, statutory (loss) earnings totaled $(352.4) million, $67.5
million and $324.0 million, respectively. No amounts are expected to be
available for dividends from Equitable Life to the Holding Company in
1996.
At December 31, 1995, the Insurance Group, in accordance with various
government and state regulations, had $18.9 million of securities
deposited with such government or state agencies.
F-36
<PAGE>
Accounting practices used to prepare statutory financial statements for
regulatory filings of stock life insurance companies differ in certain
instances from GAAP. The following reconciles the Company's statutory
change in surplus and capital stock and statutory surplus and capital
stock determined in accordance with accounting practices prescribed by
the New York Insurance Department with net earnings and equity on a GAAP
basis.
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Net change in statutory surplus and capital stock.. $ 78.1 $ 292.4 $ 190.8
Change in asset valuation reserves................. 365.7 (285.2) 639.1
----------------- ---------------- -----------------
Net change in statutory surplus, capital stock
and asset valuation reserves..................... 443.8 7.2 829.9
Adjustments:
Future policy benefits and policyholders'
account balances............................... (67.9) (11.0) (171.0)
Deferred policy acquisition costs................ 70.6 92.8 121.8
Deferred Federal income taxes.................... (150.0) (59.7) (57.5)
Valuation of investments......................... 189.1 45.2 202.3
Valuation of investment subsidiary............... (188.6) 396.6 (464.9)
Limited risk reinsurance......................... 416.9 74.9 85.2
Issuance of surplus notes........................ (538.9) - -
Sale of subsidiary and joint venture............. - - (366.5)
Contribution from the Holding Company............ - (300.0) -
Postretirement benefits.......................... (26.7) 17.1 23.8
Other, net....................................... 115.1 (44.0) 60.3
GAAP adjustments of Closed Block................. (3.1) 4.5 (16.0)
GAAP adjustments of discontinued GIC
Segment........................................ 37.3 42.8 (35.0)
----------------- ---------------- -----------------
Net Earnings....................................... $ 297.6 $ 266.4 $ 212.4
================= ================ =================
</TABLE>
<TABLE>
<CAPTION>
DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Statutory surplus and capital stock................ $ 2,202.9 $ 2,124.8 $ 1,832.4
Asset valuation reserves........................... 1,345.9 980.2 1,265.4
----------------- ---------------- -----------------
Statutory surplus, capital stock and asset
valuation reserves............................... 3,548.8 3,105.0 3,097.8
Adjustments:
Future policy benefits and policyholders'
account balances............................... (1,017.4) (949.5) (938.5)
Deferred policy acquisition costs................ 3,083.3 3,221.1 2,858.8
Deferred Federal income taxes.................... (450.8) (26.8) (137.8)
Valuation of investments......................... 417.7 (794.1) (29.8)
Valuation of investment subsidiary............... (665.1) (476.5) (873.1)
Limited risk reinsurance......................... (429.0) (845.9) (920.8)
Issuance of surplus notes........................ (538.9) - -
Postretirement benefits.......................... (343.3) (316.6) (333.7)
Other, net....................................... 4.4 (79.2) (81.9)
GAAP adjustments of Closed Block................. 575.7 578.8 574.2
GAAP adjustments of discontinued GIC
Segment........................................ (184.6) (221.9) (264.6)
----------------- ---------------- -----------------
Total Shareholder's Equity......................... $ 4,000.8 $ 3,194.4 $ 2,950.6
================= ================ =================
</TABLE>
F-37
<PAGE>
18) BUSINESS SEGMENT INFORMATION
The Company has three major business segments: Individual Insurance and
Annuities; Investment Services and Group Pension.
Consolidation/elimination principally includes debt not specific to any
business segment. Attributed Insurance Capital represents net assets and
related revenues and earnings of the Insurance Group not assigned to the
insurance segments. Interest expense related to debt not specific to any
business segment is presented within Corporate interest expense.
Information for all periods is presented on a comparable basis.
The Individual Insurance and Annuities segment offers a variety of
traditional, variable and interest-sensitive life insurance products,
disability income, annuity products and mutual fund and other investment
products to individuals and small groups. This segment includes Separate
Accounts for certain individual insurance and annuity products.
The Investment Services segment provides investment fund management,
primarily to institutional clients. This segment includes Separate
Accounts which provide various investment options for group clients
through pooled or single group accounts.
Intersegment investment advisory and other fees of approximately $124.1
million, $135.3 million and $128.6 million for 1995, 1994 and 1993,
respectively, are included in total revenues of the Investment Services
segment. These fees, excluding amounts related to the discontinued GIC
Segment of $14.7 million, $27.4 million and $17.0 million for 1995, 1994
and 1993, respectively, are eliminated in consolidation.
The Group Pension segment administers traditional participating group
annuity contracts with conversion features, generally for corporate
qualified pension plans, and association plans which provide full
service retirement programs for individuals affiliated with professional
and trade associations.
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Revenues
Individual insurance and annuities................. $ 3,254.6 $ 3,110.7 $ 2,981.5
Group pension...................................... 292.0 359.1 426.6
Attributed insurance capital....................... 61.2 79.4 61.6
----------------- ---------------- -----------------
Insurance operations............................. 3,607.8 3,549.2 3,469.7
Investment services................................ 949.1 935.2 2,792.6
Consolidation/elimination.......................... (34.9) (24.7) (40.5)
----------------- ---------------- -----------------
Total.............................................. $ 4,522.0 $ 4,459.7 $ 6,221.8
================= ================ =================
Earnings (loss) before Federal income taxes
and cumulative effect of accounting change
Individual insurance and annuities................. $ 274.4 $ 245.5 $ 76.2
Group pension...................................... (13.3) 15.8 2.0
Attributed insurance capital....................... 18.7 69.8 49.0
----------------- ---------------- -----------------
Insurance operations............................. 279.8 331.1 127.2
Investment services................................ 161.2 177.5 302.1
Consolidation/elimination.......................... (3.1) .3 .5
----------------- ---------------- -----------------
Subtotal..................................... 437.9 508.9 429.8
Corporate interest expense......................... (27.9) (114.2) (126.1)
----------------- ---------------- -----------------
Total.............................................. $ 410.0 $ 394.7 $ 303.7
================= ================ =================
</TABLE>
F-38
<PAGE>
<TABLE>
<CAPTION>
DECEMBER 31,
------------------------------------
1995 1994
---------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Assets
Individual insurance and annuities..................................... $ 50,328.8 $ 44,063.4
Group pension.......................................................... 4,033.3 4,222.8
Attributed insurance capital........................................... 2,391.6 2,609.8
---------------- -----------------
Insurance operations................................................. 56,753.7 50,896.0
Investment services.................................................... 12,842.9 12,127.9
Consolidation/elimination.............................................. (354.4) (1,614.4)
---------------- -----------------
Total.................................................................. $ 69,242.2 $ 61,409.5
================ =================
</TABLE>
19) QUARTERLY RESULTS OF OPERATIONS (UNAUDITED)
The quarterly results of operations for the years ended December 31,
1995, 1994 and 1993, are summarized below:
<TABLE>
<CAPTION>
THREE MONTHS ENDED,
------------------------------------------------------------------------------
MARCH 31 JUNE 30 SEPTEMBER 30 DECEMBER 31
----------------- ----------------- ------------------ ------------------
(IN MILLIONS)
<S> <C> <C> <C> <C>
1995
----
Total Revenues................ $ 1,074.7 $ 1,158.4 $ 1,127.1 $ 1,161.8
================= ================= ================== ==================
Net Earnings.................. $ 59.0 $ 94.3 $ 91.2 $ 53.1
================= ================= ================== ==================
1994
----
Total Revenues................ $ 1,107.4 $ 1,075.0 $ 1,153.8 $ 1,123.5
================= ================= ================== ==================
Earnings before Cumulative
Effect of Accounting
Change...................... $ 64.0 $ 68.4 $ 89.1 $ 72.0
================= ================= ================== ==================
Net Earnings.................. $ 36.9 $ 68.4 $ 89.1 $ 72.0
================= ================= ================== ==================
1993
----
Total Revenues................ $ 1,502.2 $ 1,539.7 $ 1,679.4 $ 1,500.5
================= ================= ================== ==================
Net Earnings.................. $ 32.3 $ 47.1 $ 68.8 $ 64.2
================= ================= ================== ==================
</TABLE>
20) INVESTMENT IN DLJ
On December 15, 1993, the Company sold a 61% interest in DLJ to the
Holding Company for $800.0 million in cash and securities. The excess of
the proceeds over the book value in DLJ at the date of sale of $340.2
million has been reflected as a capital contribution. In 1995, DLJ
completed the initial public offering ("IPO") of 10.58 million shares of
its common stock, which included 7.28 million of the Holding Company's
shares in DLJ, priced at $27 per share. Concurrent with the IPO, the
Company contributed equity securities to DLJ having a market value of
$21.2 million. Upon completion of the IPO, the Company's ownership
percentage was reduced to 36.1%. The Company's ownership interest will
be further reduced upon the issuance of common stock after the vesting
of forfeitable restricted stock units acquired by and/or the exercise of
options granted to certain DLJ employees. At December 31, 1995, DLJ had
options
F-39
<PAGE>
outstanding to purchase approximately 9.2 million shares of DLJ common
stock at $27.00 per share. Options are exercisable over a period of up
to ten years. DLJ restricted stock units represents forfeitable rights
to receive approximately 5.2 million shares of DLJ common stock through
February 2000.
The results of operations and cash flows of DLJ through the date of sale
are included in the consolidated statements of earnings and cash flow
for the year ended December 31, 1993. For the period subsequent to the
date of sale, the results of operations of DLJ are accounted for on the
equity basis and are included in commissions, fees and other income in
the consolidated statements of earnings. The Company's carrying value of
DLJ is included in investment in and loans to affiliates in the
consolidated balance sheets.
Summarized balance sheets information for DLJ, reconciled to the
Company's carrying value of DLJ, are as follows:
<TABLE>
<CAPTION>
DECEMBER 31,
------------------------------------
1995 1994
---------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Assets:
Trading account securities, at market value............................ $ 10,911.4 $ 8,970.0
Securities purchased under resale agreements........................... 18,748.2 10,476.4
Broker-dealer related receivables...................................... 13,023.7 11,784.8
Other assets........................................................... 1,893.2 2,030.4
---------------- -----------------
Total Assets........................................................... $ 44,576.5 $ 33,261.6
================ =================
Liabilities:
Securities sold under repurchase agreements............................ $ 26,744.8 $ 18,356.7
Broker-dealer related payables......................................... 12,915.5 10,618.0
Short-term and long-term debt.......................................... 1,717.5 1,956.5
Other liabilities...................................................... 1,775.0 1,285.1
---------------- -----------------
Total liabilities...................................................... 43,152.8 32,216.3
Cumulative exchangeable preferred stock................................ 225.0 225.0
Total shareholders' equity............................................. 1,198.7 820.3
---------------- -----------------
Total Liabilities, Cumulative Exchangeable Preferred Stock and
Shareholders' Equity................................................. $ 44,576.5 $ 33,261.6
================ =================
DLJ's equity as reported............................................... $ 1,198.7 $ 820.3
Unamortized cost in excess of net assets acquired in 1985
and other adjustments................................................ 40.5 50.8
The Holding Company's equity ownership in DLJ.......................... (499.0) (532.1)
Minority interest in DLJ............................................... (324.3) -
---------------- -----------------
The Company's Carrying Value of DLJ.................................... $ 415.9 $ 339.0
================ =================
</TABLE>
F-40
<PAGE>
Summarized statements of earnings information for DLJ reconciled to the
Company's equity in earnings of DLJ is as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
------------------------------------
1995 1994
---------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Commission, fees and other income...................................... $ 1,325.9 $ 953.5
Net investment income.................................................. 904.1 791.9
Dealer, trading and investment gains, net.............................. 528.6 263.3
---------------- -----------------
Total Revenues......................................................... 2,758.6 2,008.7
Total expenses including income taxes.................................. 2,579.5 1,885.7
---------------- -----------------
Net earnings........................................................... 179.1 123.0
Dividends on preferred stock........................................... 19.9 20.9
---------------- -----------------
Earnings Applicable to Common Shares................................... $ 159.2 $ 102.1
================ =================
DLJ's earnings applicable to common shares as reported................. $ 159.2 $ 102.1
Amortization of cost in excess of net assets acquired in 1985.......... (3.9) (3.1)
The Holding Company's equity in DLJ's earnings......................... (90.4) (60.9)
Minority interest in DLJ............................................... (6.5) -
---------------- -----------------
The Company's Equity in DLJ's Earnings................................. $ 58.4 $ 38.1
================ =================
</TABLE>
21) RELATED PARTY TRANSACTIONS
On August 31, 1993, the Company sold $661.0 million of primarily
privately placed below investment grade fixed maturities to EQ Asset
Trust 1993, a limited purpose business trust, wholly owned by the
Holding Company. The Company recognized a $4.1 million gain net of
related deferred policy acquisition costs, deferred Federal income tax
and amounts attributable to participating group annuity contracts. In
conjunction with this transaction, the Company received $200.0 million
of Class B Notes issued by EQ Asset Trust 1993. These notes have
interest rates ranging from 6.85% to 9.45%. The Class B Notes are
reflected in investments in and loans to affiliates on the consolidated
balance sheets.
F-41
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
CONSOLIDATED BALANCE SHEETS
(UNAUDITED)
<TABLE>
<CAPTION>
SEPTEMBER 30, December 31,
1996 1995
------------- ------------
(IN MILLIONS)
<S> <C> <C>
ASSETS
Investments:
Fixed maturities:
Available for sale, at estimated fair value ............ $ 17,117.5 $ 15,899.9
Mortgage loans on real estate ............................ 3,298.5 3,638.3
Equity real estate ....................................... 3,705.0 3,916.2
Policy loans ............................................. 2,167.3 1,976.4
Investment in and loans to affiliates .................... 686.8 636.6
Other equity investments ................................. 561.4 621.1
Other invested assets .................................... 358.4 706.1
----------- -----------
Total investments .................................... 27,894.9 27,394.6
Cash and cash equivalents .................................. 528.2 774.7
Deferred policy acquisition costs .......................... 3,279.3 3,083.3
Amounts due from discontinued GIC Segment .................. 1,270.1 2,097.1
Other assets ............................................... 2,720.0 2,713.1
Closed Block assets ........................................ 8,345.7 8,612.8
Separate Accounts assets ................................... 28,242.3 24,566.6
----------- -----------
TOTAL ASSETS ............................................... $ 72,280.5 $ 69,242.2
=========== ============
LIABILITIES
Policyholders' account balances ............................ $ 21,795.3 $ 21,911.2
Future policy benefits and other policyholders' liabilities 4,155.9 4,013.2
Short-term and long-term debt .............................. 2,029.9 1,899.3
Other liabilities .......................................... 2,988.2 3,379.5
Closed Block liabilities ................................... 9,193.2 9,507.2
Separate Accounts liabilities .............................. 28,154.7 24,531.0
----------- -----------
Total liabilities .................................... 68,317.2 65,241.4
----------- -----------
Commitments and contingencies (Note 10)
SHAREHOLDER'S EQUITY
Common stock, $1.25 par value; 2.0 million shares
authorized issued and outstanding ......................... 2.5 2.5
Capital in excess of par value ............................. 2,913.6 2,913.6
Retained earnings .......................................... 1,019.0 781.6
Net unrealized investment gains ............................ 63.3 338.2
Minimum pension liability .................................. (35.1) (35.1)
----------- -----------
Total shareholder's equity ........................... 3,963.3 4,000.8
----------- -----------
TOTAL LIABILITIES AND SHAREHOLDER'S EQUITY ................. $ 72,280.5 $ 69,242.2
=========== ===========
</TABLE>
See Notes to Consolidated Financial Statements.
F-42
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
CONSOLIDATED STATEMENTS OF EARNINGS
(UNAUDITED)
<TABLE>
<CAPTION>
THREE MONTHS ENDED NINE MONTHS ENDED
SEPTEMBER 30, SEPTEMBER 30,
---------------------- ---------------------
1996 1995 1996 1995
----------- --------- --------- ----------
(IN MILLIONS)
<S> <C> <C> <C> <C>
REVENUES
Universal life and investment-type
product policy fee income ..................... $ 220.7 $ 197.1 $ 651.4 $ 581.4
Premiums ........................................ 145.8 140.2 439.2 452.7
Net investment income ........................... 534.3 517.5 1,605.9 1,551.7
Investment (losses) gains, net .................. (5.5) 8.8 (21.5) 27.7
Commissions, fees and other income .............. 262.5 232.3 786.8 650.5
Contribution from the Closed Block .............. 23.7 28.2 73.8 85.4
---------- --------- --------- --------
Total revenues ............................ 1,181.5 1,124.1 3,535.6 3,349.4
---------- --------- --------- --------
BENEFITS AND OTHER DEDUCTIONS
Interest credited to policyholders' account
balances ...................................... 315.8 314.8 948.8 921.3
Policyholders' benefits ......................... 268.4 245.7 795.6 766.1
Other operating costs and expenses .............. 457.2 421.8 1,379.0 1,282.4
---------- --------- --------- --------
Total benefits and other deductions ....... 1,041.4 982.3 3,123.4 2,969.8
---------- --------- --------- --------
Earnings before Federal income taxes,
minority interest and cumulative effect of
accounting change ............................. 140.1 141.8 412.2 379.6
Federal income taxes ............................ 33.7 33.9 92.2 89.9
Minority interest in net income of consolidated
subsidiaries .................................. 20.6 16.7 59.5 45.2
---------- --------- --------- --------
Earnings before cumulative effect of
accounting change ............................. 85.8 91.2 260.5 244.5
Cumulative effect of accounting change,
net of Federal income taxes ................... - - (23.1) -
---------- --------- --------- --------
Net Earnings .................................... $ 85.8 $ 91.2 $ 237.4 $ 244.5
========== ========== ======== ========
</TABLE>
See Notes to Consolidated Financial Statements.
F-43
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
CONSOLIDATED STATEMENTS OF SHAREHOLDER'S EQUITY
NINE MONTHS ENDED SEPTEMBER 30, 1996 AND 1995
(UNAUDITED)
<TABLE>
<CAPTION>
1996 1995
---------- ----------
(IN MILLIONS)
<S> <C> <C>
Common stock, at par value, beginning of year and end of period .. $ 2.5 $ 2.5
---------- ----------
Capital in excess of par value, beginning of year
and end of period ............................................... 2,913.6 2,913.6
---------- ----------
Retained earnings, beginning of year ............................. 781.6 484.0
Net earnings ..................................................... 237.4 244.5
---------- ----------
Retained earnings, end of period ................................. 1,019.0 728.5
---------- ----------
Net unrealized investment gains (losses), beginning of year ...... 338.2 (203.0)
Change in unrealized investment (losses) gains ................... (274.9) 270.5
---------- ----------
Net unrealized investment gains, end of period ................... 63.3 67.5
---------- ----------
Minimum pension liability, beginning of year and end of period ... (35.1) (2.7)
---------- ----------
TOTAL SHAREHOLDER'S EQUITY, END OF PERIOD ........................ $ 3,963.3 $ 3,709.4
========== ==========
</TABLE>
See Notes to Consolidated Financial Statements.
F-44
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
CONSOLIDATED STATEMENTS OF CASH FLOWS
NINE MONTHS ENDED SEPTEMBER 30, 1996 AND 1995
(UNAUDITED)
<TABLE>
<CAPTION>
1996 1995
----------- ----------
(IN MILLIONS)
<S> <C> <C>
Net earnings ......................................................... $ 237.4 $ 244.5
Adjustments to reconcile net earnings to net cash provided by
operating activities:
Interest credited to policyholders' account balances ............. 948.8 921.3
General Account policy charges ................................... (651.4) (581.4)
Investment losses (gains) ........................................ 21.5 (27.7)
Change in Federal income taxes payable ........................... (96.2) 110.8
Changes in Closed Block assets and liabilities, net .............. (46.9) (52.6)
Other, net ....................................................... 33.8 102.2
---------- ----------
Net cash provided by operating activities ............................ 447.0 717.1
---------- ----------
Cash flows from investing activities:
Maturities and repayments .......................................... 1,626.0 1,312.6
Sales .............................................................. 6,913.2 5,371.0
Return of capital from joint ventures and limited partnerships ..... 64.3 34.7
Purchases .......................................................... (9,646.9) (7,100.5)
Decrease in loans to discontinued GIC Segment ...................... 827.0 1,155.4
Other, net ......................................................... (97.9) (176.7)
---------- ----------
Net cash (used) provided by investing activities ..................... (314.3) 596.5
---------- ----------
Cash flows from financing activities:
Policyholders' account balances:
Deposits ......................................................... 1,402.2 2,034.3
Withdrawals ...................................................... (1,839.5) (2,078.9)
Net increase in short-term financings .............................. 195.3 272.5
Repayments of long-term debt ....................................... (88.5) (5.3)
Payment of obligation to fund accumulated deficit of discontinued
GIC Segment ...................................................... - (1,215.4)
Other, net ......................................................... (48.7) (33.8)
---------- ----------
Net cash used by financing activities ................................ (379.2) (1,026.6)
---------- ----------
Change in cash and cash equivalents .................................. (246.5) 287.0
Cash and cash equivalents, beginning of year ......................... 774.7 693.6
---------- ----------
Cash and Cash Equivalents, End of Period ............................. $ 528.2 $ 980.6
========== ==========
Supplemental cash flow information
Interest Paid ...................................................... $ 70.6 $ 61.2
========== ==========
Income Taxes (Refunded) Paid ....................................... $ (7.9) $ 4.1
========== ==========
</TABLE>
See Notes to Consolidated Financial Statements.
F-45
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
(UNAUDITED)
1) BASIS OF PRESENTATION
The preparation of the accompanying consolidated financial statements in
conformity with GAAP required management to make estimates and assumptions
(including normal, recurring accruals) that affect the reported amounts of
assets and liabilities and disclosure of contingent assets and liabilities
at the date of the financial statements and the reported amounts of
revenues and expenses during the reporting period. These statements should
be read in conjunction with the consolidated financial statements of the
Company for the year ended December 31, 1995. The results of operations
for the nine months ended September 30, 1996 are not necessarily
indicative of the results to be expected for the full year.
Certain reclassifications have been made in the amounts presented for
prior periods to conform those periods with the current presentation.
2) ACCOUNTING CHANGES AND PRONOUNCEMENTS
The Company implemented SFAS No. 121, "Accounting for the Impairment of
Long-Lived Assets and for Long-Lived Assets to be Disposed Of," as of
January 1, 1996. The statement requires long-lived assets and certain
identifiable intangibles be reviewed for impairment whenever events or
changes in circumstances indicate the carrying value of such assets may
not be recoverable. Impaired real estate is written down to fair value
with the impairment loss being included in Investment gains, net. Before
implementing SFAS No. 121, valuation allowances on real estate held for
the production of income were computed using the forecasted cash flows of
the respective properties discounted at a rate equal to the Company's cost
of funds. The adoption of the statement resulted in the release of
valuation allowances of $152.4 million and recognition of impairment
losses of $144.0 million on real estate held and used. Real estate which
management has committed to disposing of by sale or abandonment is
classified as real estate to be disposed of. Valuation allowances on real
estate to be disposed of continue to be computed using the lower of
estimated fair value or depreciated cost, net of disposition costs.
Implementation of the SFAS No. 121 impairment requirements relative to
other assets to be disposed of resulted in a charge for the cumulative
effect of an accounting change of $23.1 million, net of a Federal income
tax benefit of $12.4 million, due to the writedown to fair value of
building improvements relating to facilities being vacated beginning in
1996.
In June 1996, the FASB issued SFAS No. 125, "Accounting for Transfers and
Servicing of Financial Assets and Extinguishments of Liabilities". SFAS
No. 125 specifies the accounting and reporting requirements for transfers
of financial assets, the recognition and measurement of servicing assets
and liabilities and extinguishments of liabilities. SFAS No. 125 is
effective for transactions occurring after December 31, 1996 and is to be
applied prospectively. Management has not yet determined the effect of
implementing SFAS No. 125.
3) FEDERAL INCOME TAXES
Federal income taxes for interim periods have been computed using an
estimated annual effective tax rate. This rate is revised, if necessary,
at the end of each successive interim period to reflect the current
estimate of the annual effective tax rate.
F-46
<PAGE>
4) INVESTMENTS
Investment valuation allowances and changes thereto are shown below:
<TABLE>
<CAPTION>
NINE MONTHS ENDED
SEPTEMBER 30,
---------------------
1996 1995
--------- ----------
(IN MILLIONS)
<S> <C> <C>
Balances, beginning of year ............................ $ 325.3 $ 284.9
SFAS No. 121 release ................................... (152.4) -
Additions charged to income ............................ 88.7 67.8
Deductions for writedowns and asset dispositions ....... (105.2) (49.7)
-------- --------
Balances, End of Period ................................ $ 156.4 $ 303.0
======== ========
Balances, end of period:
Mortgage loans on real estate ........................ $ 93.3 $ 66.8
Equity real estate ................................... 63.1 236.2
-------- --------
Total............................................. $ 156.4 $ 303.0
======== ========
</TABLE>
For the three months and nine months ended September 30, 1996 and 1995,
investment income is shown net of investment expenses of $89.9 million,
$272.1 million, $115.2 million and $343.3 million, respectively.
As of September 30, 1996 and December 31, 1995, fixed maturities
classified as available for sale had amortized costs of $17,001.8 million
and $15,284.0 million, respectively. Other equity investments included
equity securities with carrying values of $125.0 million and $128.4
million and costs of $101.3 million and $97.3 million as of September 30,
1996 and December 31, 1995, respectively.
For the nine months ended September 30, 1996 and 1995, proceeds received
on sales of fixed maturities classified as available for sale amounted to
$6,645.1 million and $5,009.6 million, respectively. Gross gains of $94.0
million and $135.1 million and gross losses of $58.4 million and $49.8
million were realized on these sales for the nine months ended September
30, 1996 and 1995, respectively. The decrease in unrealized investment
gains related to fixed maturities classified as available for sale for the
nine months ended September 30, 1996 amounted to $500.1 million.
During the nine months ended September 30, 1995, one security classified
as held to maturity was sold and twelve securities classified as held to
maturity were transferred to the available for sale portfolio. All actions
were taken as a result of significant deterioration in creditworthiness.
The amortized cost of the security sold was $4.2 million. The aggregate
amortized cost of the securities transferred was $116.0 million with gross
unrealized investment losses of $3.2 million transferred to equity for the
nine months ended September 30, 1995.
Impaired mortgage loans along with the related provision for losses
follows:
<TABLE>
<CAPTION>
SEPTEMBER 30, December 31,
1996 1995
------------- ----------
(IN MILLIONS)
<S> <C> <C>
Impaired mortgage loans with provision for losses ........ $ 428.6 $ 310.1
Impaired mortgage loans with no provision for losses ..... 148.3 160.8
-------- --------
Recorded investment in impaired mortgage loans ........... 576.9 470.9
Provision for losses ..................................... 88.0 62.7
-------- --------
Net Impaired Mortgage Loans .............................. $ 488.9 $ 408.2
======== ========
</TABLE>
F-47
<PAGE>
Impaired mortgage loans with no provision for losses are loans where the
fair value of the collateral or the net present value of the loans equals
or exceeds the recorded investment. Interest income earned on loans where
the collateral value is used to measure impairment is recorded using the
cash basis method. Interest income on loans where the present value method
is used to measure impairment is accrued on the net carrying value amount
of the loan at the interest rate used to discount the cash flows. Changes
in the present value attributable to changes in the amount or timing of
expected cash flows are reported as investment gains or losses.
During the nine months ended September 30, 1996 and 1995, respectively,
the Company's average recorded investment in impaired mortgage loans was
$548.7 million and $295.5 million. Interest income recognized on these
impaired mortgage loans totaled $30.9 million and $20.3 million for the
nine months ended September 30, 1996 and 1995, respectively, including
$13.7 million and $10.8 million recognized on the cash basis method.
5) ALLIANCE - CURSITOR TRANSACTION
On February 29, 1996, Alliance acquired the business of Cursitor-Eaton
Asset Management Company and Cursitor Holdings Limited in exchange for
approximately 1.8 million Alliance Units, $84.9 million in cash, $21.5
million in notes which are payable ratably over the next four years and
substantial additional consideration which will be determined at a later
date. The Company recognized an investment gain of $20.6 million as a
result of the issuance of Units in this transaction. At September 30,
1996, the Company's ownership of Alliance Units was approximately 57.4%.
6) BUSINESS SEGMENT INFORMATION
<TABLE>
<CAPTION>
THREE MONTHS ENDED NINE MONTHS ENDED
SEPTEMBER 30, SEPTEMBER 30,
----------------------- ----------------------
1996 1995 1996 1995
----------- ---------- ----------- ----------
(IN MILLIONS)
<S> <C> <C> <C> <C>
Revenues
Individual insurance and annuities .. $ 841.7 $ 793.5 $ 2,496.9 $ 2,436.6
Group pension ....................... 60.7 77.1 189.3 209.4
Attributed insurance capital ........ 17.9 17.0 49.2 45.6
---------- ---------- ---------- ----------
Insurance operations .............. 920.3 887.6 2,735.4 2,691.6
Investment services ................. 267.0 243.7 818.3 681.1
Consolidation/elimination ........... (5.8) (7.2) (18.1) (23.3)
---------- ---------- ---------- ----------
Total ............................... $ 1,181.5 $ 1,124.1 $ 3,535.6 $ 3,349.4
========== ========== ========== ==========
EARNINGS (LOSS) BEFORE FEDERAL
INCOME TAXES, MINORITY INTEREST
AND CUMULATIVE EFFECT OF
ACCOUNTING CHANGE
Individual insurance and annuities .. $ 86.8 $ 80.6 $ 240.3 $ 232.2
Group pension ....................... (8.3) (.9) (28.6) (12.7)
Attributed insurance capital ........ 9.7 9.9 23.5 22.5
---------- ---------- ---------- ----------
Insurance operations .............. 88.2 89.6 235.2 242.0
Investment services ................. 68.8 59.2 226.8 157.2
---------- ---------- ---------- ----------
Subtotal .......................... 157.0 148.8 462.0 399.2
Corporate interest expense .......... (16.9) (7.0) (49.8) (19.6)
---------- ---------- ---------- ----------
Total ............................... $ 140.1 $ 141.8 $ 412.2 $ 379.6
========== ========== ========== ==========
</TABLE>
F-48
<PAGE>
<TABLE>
<CAPTION>
SEPTEMBER 30, December 31,
1996 1995
-------------- ------------
(IN MILLIONS)
<S> <C> <C>
ASSETS
Individual insurance and annuities ........... $ 53,559.8 $ 50,328.8
Group pension ................................ 3,601.0 4,033.3
Attributed insurance capital ................. 2,055.5 2,391.6
----------- -----------
Insurance operations ....................... 59,216.3 56,753.7
Investment services .......................... 13,434.1 12,842.9
Consolidation/elimination .................... (369.9) (354.4)
----------- -----------
Total ........................................ $ 72,280.5 $ 69,242.2
=========== ===========
</TABLE>
7) DISCONTINUED OPERATIONS
Summarized financial information of the discontinued GIC Segment follows:
<TABLE>
<CAPTION>
SEPTEMBER 30, DECEMBER 31,
1996 1995
-------------- ------------
(IN MILLIONS)
<S> <C> <C>
ASSETS
Mortgage loans on real estate .................... $ 1,285.0 $ 1,485.8
Equity real estate ............................... 1,057.1 1,122.1
Cash and other invested assets ................... 361.7 665.2
Other assets ..................................... 191.5 579.3
---------- ----------
Total Assets ..................................... $ 2,895.3 $ 3,852.4
========== ==========
LIABILITIES
Policyholders' liabilities ....................... $ 1,360.3 $ 1,399.8
Allowance for future losses ...................... 118.8 164.2
Amounts due to continuing operations ............. 1,270.1 2,097.1
Other liabilities ................................ 146.1 191.3
---------- ----------
Total Liabilities ................................ $ 2,895.3 $ 3,852.4
========== ==========
</TABLE>
<TABLE>
<CAPTION>
THREE MONTHS ENDED NINE MONTHS ENDED
SEPTEMBER 30, SEPTEMBER 30,
------------------ ------------------
1996 1995 1996 1995
------- -------- ------- ---------
(IN MILLIONS)
<S> <C> <C> <C> <C>
REVENUES
Investment income (net of investment
expenses of $31.8, $40.5, $96.1
and $117.9) ............................ $ 50.2 $ 52.6 $ 182.4 $ 202.1
Investment (losses) gains, net ........... (6.2) 6.6 (23.8) (12.3)
Policy fees, premiums and other
income, net ............................ .1 .1 .2 .6
--------- -------- -------- --------
Total revenues ........................... 44.1 59.3 158.8 190.4
BENEFITS AND OTHER DEDUCTIONS ............ 56.9 76.6 196.2 253.9
--------- -------- -------- --------
Losses Charged to Allowance
for Future Losses ...................... $ (12.8) $ (17.3) $ (37.4) $ (63.5)
======= ======= ======== ========
</TABLE>
F-49
<PAGE>
Investment valuation allowances amounted to $19.9 million on mortgage
loans and $16.3 million on equity real estate for an aggregate of $36.2
million at September 30, 1996. As of January 1, 1996, the adoption of SFAS
No. 121 resulted in a release of existing valuation allowances of $71.9
million on equity real estate and recognition of impairment losses of
$69.8 million on real estate held and used. At December 31, 1995,
valuation allowances amounted to $19.2 million on mortgage loans and $77.9
million on equity real estate for an aggregate of $97.1 million.
Benefits and other deductions included $23.3 million, $94.8 million, $38.7
million and $116.0 million of interest expense related to amounts borrowed
from continuing operations for the three months and nine months ended
September 30, 1996 and 1995, respectively.
The allowance for future losses is based upon management's best judgment
and there can be no assurance ultimate losses will not differ.
8) CLOSED BLOCK
Summarized financial information of the Closed Block follows:
<TABLE>
<CAPTION>
SEPTEMBER 30, DECEMBER 31,
1996 1995
------------- ------------
(IN MILLIONS)
<S> <C> <C>
ASSETS
Fixed maturities:
Available for sale, at estimated fair value (amortized
cost of $3,730.0 and $3,662.8) ...................... $ 3,736.2 $ 3,896.2
Mortgage loans on real estate ........................... 1,422.2 1,368.8
Policy loans ............................................ 1,778.8 1,797.2
Cash and other invested assets .......................... 321.8 440.9
Deferred policy acquisition costs ....................... 780.8 823.6
Other assets ............................................ 305.9 286.1
---------- ----------
Total Assets ............................................ $ 8,345.7 $ 8,612.8
========== ==========
LIABILITIES
Future policy benefits and other policyholders'
account balances ....................................... $ 9,159.6 $ 9,346.7
Other liabilities ....................................... 33.6 160.5
--------- ----------
Total Liabilities ....................................... $ 9,193.2 $ 9,507.2
========= ==========
</TABLE>
F-50
<PAGE>
<TABLE>
<CAPTION>
THREE MONTHS ENDED NINE MONTHS ENDED
SEPTEMBER 30, SEPTEMBER 30,
------------------ --------------------
1996 1995 1996 1995
-------- -------- -------- ----------
(IN MILLIONS)
<S> <C> <C> <C> <C>
REVENUES
Premiums and other income ......... $ 171.3 $ 178.8 $ 539.1 $ 561.3
Investment income (net of investment
expenses of $6.9, $6.6, $21.0 and
$20.3) .......................... 140.2 133.3 408.4 400.7
Investment losses, net ............ (4.6) (.6) (13.2) (7.5)
-------- -------- -------- --------
Total revenues .................... 306.9 311.5 934.3 954.5
-------- -------- -------- --------
BENEFITS AND OTHER DEDUCTIONS
Policyholders' benefits and dividends 266.9 270.8 810.2 824.1
Other operating costs and expenses . 16.3 12.5 50.3 45.0
-------- -------- -------- --------
Total benefits and other deductions 283.2 283.3 860.5 869.1
-------- -------- -------- --------
Contribution from the Closed Block $ 23.7 $ 28.2 $ 73.8 $ 85.4
======== ======== ======== ========
</TABLE>
Investment valuation allowances amounted to $33.4 million and $18.4
million on mortgage loans and $2.5 million and $4.3 million on equity real
estate for an aggregate of $35.9 million and $22.7 million at September
30, 1996 and December 31, 1995, respectively. As of January 1, 1996, the
adoption of SFAS No. 121 resulted in the recognition of impairment losses
of $5.6 million on real estate held and used.
9) RESTRUCTURE COSTS
At September 30, 1996, liabilities associated with 1994 and 1995 cost
reduction programs totaled $27.3 million. During the nine months ended
September 30, 1996 and 1995, the Company restructured certain operations
in connection with cost reduction programs and incurred costs of $2.6
million and $8.6 million, respectively, primarily associated with
severance related benefits. Amounts paid during the nine months ended
September 30, 1996 and charged against the liabilities for the 1994 and
1995 cost reduction programs totaled $13.1 million.
10) LITIGATION
There have been no new material legal proceedings and no material
developments in matters which were previously reported in the Company's
Notes to Consolidated Financial Statements for the year ended December 31,
1995, except as follows:
On May 29, 1996, the New York County Supreme Court entered a judgment
dismissing the complaint with prejudice in the previously reported action
Golomb, et al. v. The Equitable Life Assurance Society of the United
States. Plaintiffs have filed a notice of appeal of that judgment. On
February 9, 1996, Equitable Life removed the Pennsylvania action, Malvin
v. The Equitable Life Assurance Society of the United States, to the
United States District Court for the Middle District of Pennsylvania.
Following the decision granting Equitable Life's motion to dismiss the New
York action (Golomb), on the consent of the parties, the District Court
ordered an indefinite stay of all proceedings in the Pennsylvania action,
pending either party's right to reinstate the proceeding, and ordered that
for administrative purposes the case be deemed administratively closed. On
February 2, 1996, Equitable Life removed the Texas action, Bowler, et al.
v. The Equitable Life Assurance Society of the United States, to the
United States District Court for the Northern District of Texas. On July
1, 1996, Equitable Life filed a motion for summary judgment dismissing the
complaint in its entirety. The Company's management has been advised that
plaintiffs plan to oppose the motion for summary judgment. In August,
1996, the court granted plaintiffs leave to file a supplemental complaint
on behalf of a proposed class of Texas policyholders claiming unfair
discrimination, breach of contract and other claims arising out of alleged
differences between premiums charged to Texas policyholders and premiums
charged to
F-51
<PAGE>
similarly situated policyholders in New York and certain other states.
Plaintiffs seek refunds of alleged overcharges, exemplary or additional
damages citing Texas statutory provisions which among other things, permit
two times the amount of actual damage plus additional penalties if the
acts complained of are found to be knowingly committed, and injunctive
relief. Equitable Life has also filed a motion for summary judgment
dismissing the supplemental complaint in its entirety. Equitable Life's
management has been advised that plaintiffs plan to oppose that motion.
On May 22, 1996, a separate action entitled Bachman v. The Equitable Life
Assurance Society of the United States, was filed in Florida state court
making claims similar to those in the previously reported Golomb action.
The Florida action is asserted on behalf of a proposed class of Florida
issued or renewed policyholders, insured after 1983 under Lifetime
Guaranteed Renewable Major Medical Insurance Policies issued by Equitable
Life. The Florida action seeks compensatory and punitive damages and
injunctive relief restricting the methods by which Equitable Life
increases premiums in the future, based on various common law claims. On
June 20, 1996, Equitable Life removed the Florida action to Federal court.
Equitable Life has answered the complaint, denying the material
allegations and asserting certain affirmative defenses. Although the
outcome of any litigation cannot be predicted with certainty, particularly
in the early stages of an action, The Equitable's management believes that
the ultimate resolution of this litigation should not have a material
adverse effect on the financial position of the Company. Due to the early
stage of such litigation, the Company's management cannot make an estimate
of loss, if any, or predict whether or not such litigation will have a
material adverse effect on the Company's results of operations in any
particular period.
On November 6, 1996, a proposed class action entitled Fletcher, et al. v.
The Equitable Life Assurance Society of the United States, was filed in
California Superior Court for Fresno County, making substantially the same
allegations concerning premium rates and premium rate increases on
guaranteed renewable policies made in the Bowler action. The complaint
alleges, among other things, that differentials between rates charged
California policyholders and policyholders in New York and certain other
states, and the methods used by Equitable Life to calculate premium
increases, breached the terms of its policies and that Equitable Life
misrepresented and concealed the facts pertaining to such differentials
and methods in violation of California law. Plaintiffs seek compensatory
damages in an unspecified amount, rescission, injunctive relief and
attorneys fees. Although the outcome of any litigation cannot be predicted
with certainty, particularly in the early stages of an action, Equitable
Life's management believes that the ultimate resolution of this litigation
should not have a material adverse effect on the financial position of
Equitable Life. Due to the early stage of such litigation, Equitable
Life's management cannot make an estimate of loss, if any, or predict
whether or not such litigation will have a material adverse effect on
Equitable Life's results of operations in any particular period.
In connection with the previously reported action entitled Sidney C. Cole
et al. v. The Equitable Life Assurance Society of the United States and
The Equitable of Colorado, Inc., on June 28, 1996, the court issued a
decision and order dismissing with prejudice plaintiff's causes of action
for fraud, constructive fraud, breach of fiduciary duty, negligence, and
unjust enrichment, and dismissing without prejudice plaintiff's cause of
action under the New York State consumer protection statute. The only
remaining causes of action are for breach of contract and negligent
misrepresentation. Plaintiffs have made a motion for reargument with
respect to this order, which was submitted to the court in October 1996.
On May 21, 1996, an action entitled Elton F. Duncan, III v. The Equitable
Life Assurance Society of the United States, was commenced against
Equitable Life in the Civil District Court for the Parish of Orleans,
State of Louisiana. The action is brought by an individual who purchased a
whole life policy. Plaintiff alleges misrepresentations concerning the
extent to which the policy was a proper replacement policy and the number
of years that the annual premium would need to be paid. Plaintiff purports
to represent a class consisting of all persons who purchased whole life or
universal life insurance policies from Equitable Life from January 1, 1982
to the present. Plaintiff seeks damages, including punitive damages, in an
unspecified amount. On June 21, 1996, Equitable Life removed the action to
the United States District Court for the Eastern District of Louisiana.
Plaintiff has made a motion to remand to the Louisiana Civil District
Court, and Equitable Life will
F-52
<PAGE>
oppose such motion. On July 26, 1996, an action entitled Michael Bradley
v. Equitable Variable Life Insurance Company, was commenced in New York
state court. The action is brought by the holder of a variable life
insurance policy issued by EVLICO. The plaintiff purports to represent a
class consisting of all persons or entities who purchased one or more life
insurance policies issued by EVLICO from January 1, 1980. The complaint
puts at issue various alleged sales practices and alleges
misrepresentations concerning the extent to which the policy was a proper
replacement policy and the number of years that the annual premium would
need to be paid. Plaintiff seeks damages, including punitive damages, in
an unspecified amount and also seeks injunctive relief prohibiting EVLICO
from canceling policies for failure to make premium payments beyond the
alleged stated number of years that the annual premium would need to be
paid. Equitable Life and EVLICO have made a motion to consolidate or
jointly try this proceeding with the Cole action, which will not be heard
until November 1996. Although the outcome of any litigation cannot be
predicted with certainty, particularly in the early stages of an action,
the Company's management believes that the ultimate resolution of the
litigations discussed in this paragraph should not have a material adverse
effect on the financial position of the Company. Due to the early stages
of such litigation, the Company's management cannot make an estimate of
loss, if any, or predict whether or not such litigation will have a
material adverse effect on the Company's results of operations in any
particular period.
Equitable Life recently received a subpoena from the U.S. Department of
Labor ("DOL") requesting copies of any third-party appraisals in Equitable
Life's possession relating to the ten largest properties (by value) in the
Prime Property Fund ("PPF"). PPF is an open-end, commingled real estate
separate account of Equitable Life's for pension clients. Equitable Life
serves as investment manager in PPF and has retained Equitable Real Estate
Investment Management, Inc. ("Equitable Real Estate") as adviser. In early
1995, the DOL commenced a national investigation of commingled real estate
funds with pension investors, including PPF. The investigation now appears
to be focused principally on appraisal and valuation procedures in respect
of fund properties. The most recent request from the DOL seems to reflect,
at least in part, an interest in the relationship between the valuations
for those properties reflected in appraisals prepared for local property
tax proceedings and the valuations used by PPF for other purposes. At no
time has the DOL made any specific allegation that Equitable Life or
Equitable Real Estate has acted improperly and Equitable Life and
Equitable Real Estate believe that any such allegation would be without
foundation. While the outcome of this investigation cannot be predicted
with certainty, in the opinion of management, the ultimate resolution of
this matter should not have a material adverse effect on the Company's
consolidated financial position or results of operations.
In connection with the previously reported arbitration involving Equitable
Casualty Insurance Company ("Casualty"), the arbitration panel issued a
final award in favor of Casualty and GEICO General Insurance Company
("GEICO General") on June 17, 1996. The result of the arbitration is
expected to resolve in favor of Casualty and GEICO General two litigations
that were commenced by Houston General Insurance Company ("Houston
General") and that have been stayed by the presiding courts pending the
completion of the arbitration. Houston General has informed Casualty,
through counsel, that it is considering whether to consent to entry of a
judgment enforcing the arbitration award or whether to contest the award.
The Company's management believes that Houston General has no valid basis
for contesting the arbitration award and therefore the ultimate resolution
of this matter should not have a material adverse effect on the Company's
financial position or results of operations.
With respect to the previously reported National Gypsum litigation, the
Bankruptcy Court has remanded the Texas state court action to state court.
With respect to the previously reported Spectravision litigation,
plaintiffs have filed an amended complaint in which DLJSC is no longer
named as a defendant.
F-53
<PAGE>
On September 26, 1996, the United States District Court for the Southern
District of New York granted the defendants' motion to dismiss all counts
of the complaint in the previously reported litigation involving Alliance
and the Alliance North American Government Income Fund, Inc. The
plaintiffs have filed motions requesting that the court reconsider its
decision and for permission to file an amended complaint. While the
ultimate outcome cannot be determined at this time, Alliance's management
does not expect that it will have a material adverse effect on Alliance's
consolidated financial position or results of operations.
In addition to the matters previously reported and the matters described
above, Equitable Life and its subsidiaries and DLJ and its subsidiaries
are involved in various legal actions and proceedings in connection with
their businesses. Some of the actions and proceedings have been brought on
behalf of various alleged classes of claimants and certain of these
claimants seek damages of unspecified amounts. While the ultimate outcome
of such matters cannot be predicted with certainty, in the opinion of
management no such matter is likely to have a material adverse effect on
the Company's consolidated financial position or results of operations.
F-54
<PAGE>
APPENDIX A
MANAGEMENT
Here is a list of our directors and, to the extent they are responsible for
variable life insurance operations, our principal officers and a brief statement
of their business experience for the past five years. Unless otherwise noted,
their address is 1290 Avenue of the Americas, New York, New York 10104.
<TABLE>
<CAPTION>
NAME AND PRINCIPAL BUSINESS EXPERIENCE
BUSINESS ADDRESS WITHIN PAST FIVE YEARS
- ------------------- ------------------------
DIRECTORS
<S> <C>
Claude Bebear Director of Equitable since July 1991. Chairman of the Board of the Holding Company (February
AXA S.A. 1996-present) and a Director of other affiliates of Equitable. Chairman and Chief Executive
23, Avenue Matignon Officer of AXA since February 1989. Chief Executive Officer of the AXA Group since 1974 and
75008 Paris, France Chairman or Director of numerous subsidiaries and affiliated companies of the AXA Group.
Christopher J. Brocksom Director of Equitable since July 1992. Chief Executive Officer, AXA Equity & Law Life
AXA Equity & Law Assurance Society ("AXA Equity & Law") and various directorships and officerships with AXA
Amersham Road Equity & Law affiliated companies.
High Wycombe
Bucks HP 13 5 AL, England
Francoise Colloc'h Director of Equitable since July 1992. Executive Vice President, Culture-- Management--
AXA S.A. Communications, AXA, and various positions with AXA affiliated companies.
23, Avenue Matignon
75008 Paris, France
Henri de Castries Director of Equitable since September 1993. Vice Chairman of the Board of the Holding
AXA S.A. Company since February 1996. Executive Vice President Financial Services and Life Insurance
23, Avenue Matignon Activities of AXA since 1993. Prior thereto, General Secretary from 1991 to 1993 and
75008 Paris, France Central Director of Finances from 1989 to 1991. Also Director or Officer of various
subsidiaries and affiliates of the AXA Group. Director of the Holding Company and of other
Equitable affiliates.
Joseph L. Dionne Director of Equitable since May 1982. Chairman (since April 1988) and Chief Executive
The McGraw-Hill Companies Officer (Since April 1983) of The McGraw-Hill Companies. Director of the Holding Company.
1221 Avenue of the Americas
New York, NY 10020
William T. Esrey Director of Equitable since July 1986. Chairman (since April 1990) and Chief Executive
Sprint Corporation Officer (since 1985) and President (1985 to February 1996) of Sprint Corporation. Director
P.O. Box 11315 of the Holding Company.
Kansas City, MO 64112
Jean-Rene Fourtou Director of Equitable since July 1992. Chairman and Chief Executive Officer, Rhone-Poulenc,
Rhone-Poulenc S.A. S.A. since 1986. Director of the Holding Company and AXA.
25 Quai Paul Doumer
92408 Courbevoie Cedex,
France
Norman C. Francis Director of Equitable since March 1989. President, Xavier University of Louisiana.
Xavier University of Louisiana
7325 Palmetto Street
New Orleans, LA 70125
Donald J. Greene Director of Equitable since July 1991. Partner, LeBoeuf, Lamb, Greene & MacRae since 1965.
LeBouef, Lamb, Greene & MacRae Director of the Holding Company.
125 West 55th Street
New York, NY 10019-4513
John T. Hartley Director of Equitable since August 1987. Retired Chairman and Chief Executive Officer of
Harris Corporation Harris Corporation (until July 1995); prior thereto, he held the positions of Chairman of
1025 NASA Boulevard Harris Corporation from 1987, Chief Executive Officer from 1986 and President from October
Melbourne, FL 32919 1987 to April 1993.
John H.F. Haskell, Jr. Director of Equitable since July 1992. Managing Director of Dillon, Read & Co., Inc. since
Dillon, Read & Co., Inc. 1975 and member of its Board of Directors.
535 Madison Avenue
New York, NY 10022
</TABLE>
A-1
<PAGE>
<TABLE>
<CAPTION>
NAME AND PRINCIPAL BUSINESS EXPERIENCE
BUSINESS ADDRESS WITHIN PAST FIVE YEARS
- ------------------- ------------------------
DIRECTORS (continued)
<S> <C>
W. Edwin Jarmain Director of Equitable since July 1992. President of Jarmain Group Inc. since 1979; also an
Jarmain Group Inc. Officer or Director of several affiliated companies. Chairman and Director of FCA
121 King Street West International Ltd.; served as President, CEO and Director from 1992 through 1993. Director of
Suite 2525, Box 36 various AXA affiliated companies. Director of the Holding Company since July 1992.
Toronto, Ontario M5H 3T9,
Canada
G. Donald Johnston, Jr. Director of Equitable since January 1986. Retired Chairman and Chief Executive Officer, JWT
184-400 Ocean Road Group, Inc. and J. Walter Thompson Company.
John's Island
Vero Beach, FL 32963
Winthrop Knowlton Director of Equitable since October 1973. Chairman of the Board of Knowlton Brothers, Inc.
Knowlton Brothers, Inc. since May 1989; also President of Knowlton Associates, Inc. since September 1987; Director
530 Fifth Avenue of the Holding Company.
New York, NY 10036
Arthur L. Liman Director of Equitable since March 1984. Partner, Paul, Weiss, Rifkind, Wharton & Garrison
Paul, Weiss, Rifkind, Wharton since 1966.
and Garrison
1285 Avenue of the Americas
New York, NY 10019
George T. Lowy Director of Equitable since July 1992. Partner, Cravath, Swaine & Moore.
Cravath, Swaine & Moore
825 Eighth Avenue
New York, NY 10019
Didier Pineau-Valencienne Director of Equitable since February 1996. Chairman and Chief Executive Officer of
Schneider S.A. Schneider S.A. since 1981 and Chairman or Director of numerous subsidiaries and affiliated
64-70 Avenue Jean-Baptiste companies of Schneider. Director of AXA and the Holding Company.
Clament
96646 Boulogne-Billancourt
Cedex
France
George J. Sella, Jr. Director of Equitable since May 1987. Retired Chairman and Chief Executive Officer of
P.O. Box 397 American Cyanamid Company (until April 1993); prior thereto, Chairman from 1984, Chief
Newton, NJ 07860 Executive Officer from 1983 and President from 1979 to 1991.
Dave H. Williams Director of Equitable since March 1991. Chairman and Chief Executive Officer of Alliance
Alliance Capital Management since 1977 and Chairman or Director of numerous subsidiaries and affiliated companies of
Corporation Alliance. Director of the Holding Company.
1345 Avenue of the Americas
New York, NY 10105
OFFICERS -- DIRECTORS
James M. Benson Director of Equitable since February 1994. Chief Executive Officer (since February 1996)
and President of Equitable (since February 1994); prior thereto, Chief Operating Officer
(February 1994 to February 1996) and Senior Executive Vice President of Equitable (April 1993
to February 1994). Prior thereto, President, Management Compensation Group (1983 to February
1993). Previously, President, Chief Executive Officer and a Director of Equitable Variable
Life Insurance Company ("EVLICO"). Senior Executive Vice President of the Holding Company
since February 1994 and Chief Operating Officer since February 1996; Director of various
Equitable affiliated companies; Director of the Holding Company since February 1994.
William T. McCaffrey Director of Equitable since February 1996. Senior Executive Vice President and Chief
Operating Officer of Equitable (all since February 1996). Prior thereto, Executive Vice
President (from February 1986 to February 1996) and Chief Administrative Officer (from
February 1988 to February 1996). Executive Vice President and Chief Administrative Officer
(since February 1994) of the Holding Company. Director of various Equitable affiliated
companies, including EVLICO.
</TABLE>
A-2
<PAGE>
<TABLE>
<CAPTION>
NAME AND PRINCIPAL BUSINESS EXPERIENCE
BUSINESS ADDRESS WITHIN PAST FIVE YEARS
- ------------------- ------------------------
OFFICERS -- DIRECTORS (continued)
<S> <C>
Joseph J. Melone Chairman of Equitable since February 1994 and a Director of Equitable since November 1990.
Chief Executive Officer of the Holding Company since February 1996 and President of the
Holding Company since May 1992. Previously, Chief Executive Officer of Equitable from
February 1994, to February 1996; prior to February 1994, President, Chief Executive Officer
and Director of Equitable from September 1992 to February 1994 and President, Chief
Operating Officer and a Director since November 1990. Former Chairman, Chief Executive
Officer and Director of EVLICO. Director of various Equitable and AXA affiliated companies.
OTHER OFFICERS
A. Frank Beaz Senior Vice President, Equitable; prior thereto, Vice President, Equitable (until March
1995). Executive Vice President, EQ Financial Consultants, Inc. ("EQF") (May 1995-present).
Leon B. Billis Senior Vice President, Equitable; prior thereto, Vice President, Equitable (until November
1994); Vice President, EVLICO (July 1996 to December 1996).
Harvey Blitz Senior Vice President and Deputy Chief Financial Officer, Equitable. Senior Vice President,
Holding Company; Director or Chairman of various Equitable affiliated companies; Director
(October 1992 to December 1996) and Vice President, EVLICO (April 1995 to December 1996).
Kevin R. Byrne Vice President and Treasurer, Equitable; Vice President and Treasurer, Holding Company;
Treasurer, EVLICO (until December 1996) and Frontier Trust Company; Director or Officer of
other Equitable affiliated companies.
Jerry M. de St. Paer Executive Vice President, Equitable. Senior Executive Vice President (since May 1996) and
Chief Financial Officer (since May 1992) of the Holding Company. Executive Vice President
and Chief Operating Officer (since September 1994) of Equitable Investment Corporation.
Previously held various officerships with Equitable and its affiliates. Director and Senior
Investment Officer, EVLICO (until December 1996). Director of various Equitable affiliated
companies.
Gordon G. Dinsmore Senior Vice President and Corporate Actuary, Equitable. Executive Vice President, Equico.
Director and Senior Vice President, EVLICO (until December 1996); Director of other
Equitable affiliated companies.
Alvin H. Fenichel Senior Vice President and Controller, Equitable. Senior Vice President and Controller,
Holding Company. Vice President and Controller (until December 1996), EVLICO; Vice
President, The Equitable of Colorado, Inc. ("Colorado").
Paul J. Flora Senior Vice President and Auditor, Equitable. Prior thereto, Vice President and Auditor
(February 1994 to March 1996). Vice President and Auditor, Holding Company (September 1994
to present). Vice President/Auditor, National Westminster Bank (November 1984 to June 1994).
Robert E. Garber Executive Vice President and General Counsel, Equitable; Executive Vice President and General
Counsel, Holding Company. Prior thereto, Senior Vice President and General Counsel of
Equitable and the Holding Company (September 1993 to September 1994) and Senior Vice
President and Deputy General Counsel of Equitable (September 1989 to September 1993).
Donald R. Kaplan Vice President and Acting Chief Compliance Officer, Equitable. Prior thereto, Vice President
and Counsel (until June 1996).
Michael S. Martin Senior Vice President, Equitable. Chairman, EQF; Chairman and Chief Executive Officer,
EquiSource of New York (January 1992 to October 1994) and Frontier (April 1992 to October
1994); Vice President, Hudson River Trust ("HRT") (February 1993 to February 1995);
Director, Vice President and Treasurer, Equitable Distributors, Inc. (August 1993 to
February 1995), also Chairman, President, and Chief Executive Officer (December 1993 to
February 1995); Director, Equitable Underwriting and Sales Agency (Bahamas), Ltd. (May 1996
to present) and Colorado (January 1995 to present).
</TABLE>
A-3
<PAGE>
<TABLE>
<CAPTION>
NAME AND PRINCIPAL BUSINESS EXPERIENCE
BUSINESS ADDRESS WITHIN PAST FIVE YEARS
- ------------------- ------------------------
OTHER OFFICERS (continued)
<S> <C>
Peter D. Noris Executive Vice President and Chief Investment Officer, Equitable. Executive Vice President
(since May 1995) and Chief Investment Officer (since July 1995), Holding Company. Prior
thereto, Vice President/Manager, Insurance Companies Investment Strategies Group, Solomon
Brothers, Inc. (November 1992 to May 1995). Prior thereto, with Morgan Stanley & Co., Inc.,
from October 1984 to November 1992 as Principal, Fixed Income Insurance Group. Former
Director and Senior Vice President of EVLICO. Director of other Equitable affiliates.
Anthony C. Pasquale Senior Vice President, Equitable. Chairman and President, Equitable Realty Assets
Corporation (July 1995 to present). Director of other Equitable affiliates.
Michael J. Rich Senior Vice President, Equitable, since October 1994; prior thereto, Vice President of
Underwriting, John Hancock Mutual Life Insurance Co. since 1988. Director of EVLICO (May
1995 to December 1996).
Pauline Sherman Vice President, Secretary and Associate General Counsel, Equitable; prior thereto, Vice
President and Associate General Counsel (until September 1995). Vice President, Secretary and
Associate General Counsel, Holding Company (September 1995 to present).
Samuel Shlesinger Senior Vice President and Actuary, Equitable; prior thereto, Vice President and Actuary.
Previously, Director and Senior Vice President, EVLICO (February 1988 to December 1996).
Director, Chairman and Chief Executive Officer, Equitable of Colorado. Vice President, HRT.
Jose S. Suquet Executive Vice President and Chief Agency Officer, Equitable, since August 1994; prior
thereto, Agency Manager, Equitable (February 1985 to August 1994).
Stanley B. Tulin Senior Executive Vice President and Chief Financial Officer, Equitable; prior thereto,
Chairman, Insurance Consulting and Actuarial Practice, Coopers & Lybrand (until April 1996);
Executive Vice President, Holding Company.
</TABLE>
A-4
<PAGE>
VARIABLE LIFE INSURANCE POLICIES
FUNDED THROUGH SEPARATE ACCOUNT FP
PROSPECTUS SUPPLEMENT DATED MAY 1, 1996
Incentive Life Plus(TM) Survivorship 2000(TM)
Champion 2000(TM) Incentive Life(TM)
Incentive Life 2000(TM) SP-Flex(TM)
Issued By
EQUITABLE VARIABLE
LIFE INSURANCE COMPANY
Principal Office Located at:
787 Seventh Avenue
New York, NY 10019
VM 521
- --------------------------------------------------------------------------------
THE HUDSON RIVER TRUST
PROSPECTUS DATED MAY 1, 1996
HRT 596
- --------------------------------------------------------------------------------
<PAGE>
VARIABLE LIFE INSURANCE POLICIES
FUNDED THROUGH SEPARATE ACCOUNT FP
INCENTIVE LIFE PLUS (94-300)
CHAMPION 2000(TM) (90-400) ISSUED BY
INCENTIVE LIFE 2000(TM) (90-300) EQUITABLE VARIABLE
SURVIVORSHIP 2000(TM) (92-500) LIFE INSURANCE COMPANY
INCENTIVE LIFE(TM) (85-300 & 88-300)
SP-FLEX(TM) (87-500)
PROSPECTUS SUPPLEMENT DATED MAY 1, 1996
INTRODUCTION. This Supplement updates certain information contained in the
prospectuses for:
o INCENTIVE LIFE PLUS dated December 19, 1994, May 1, 1995 and
September 15, 1995;
o CHAMPION 2000 dated May 1, 1994, May 1, 1993, and November 27, 1991;
o INCENTIVE LIFE 2000 dated May 1, 1994, May 1, 1993 and November 27,
1991;
o SURVIVORSHIP 2000 dated May 1, 1995, May 1, 1994, May 1, 1993 and
August 18, 1992;
o INCENTIVE LIFE dated May 1, 1994, May 1, 1993, February 27, 1991,
May 1, 1990 and August 29, 1989; and
o SP-FLEX dated September 30, 1987 and August 24, 1987.
For your convenience, we have consolidated the prior updating supplements that
have been previously distributed. For this reason, you may already be familiar
with some of the information in this prospectus supplement, but we encourage you
to read it anyway. You can find the information about your policy by referring
to one or more of the following headings:
PAGE
INFORMATION RELATED TO ALL POLICIES 2
INFORMATION ABOUT ALL POLICIES EXCEPT SP-FLEX 6
INFORMATION ABOUT INCENTIVE LIFE PLUS 7
INFORMATION ABOUT INCENTIVE LIFE 2000 AND CHAMPION 2000 7
INFORMATION ABOUT INCENTIVE LIFE 7
INFORMATION ABOUT SP-FLEX 8
You should attach this Supplement to your prospectus and retain it for future
reference. Equitable Variable Life Insurance Company (Equitable Variable) will
send you an additional copy of any prospectus or supplement, without charge, on
written request. Except as otherwise noted, terms used in this supplement have
the same meaning as in the prospectus. However, we now refer to the Guaranteed
Interest Division as the Guaranteed Interest Account and to divisions of
Separate Account FP as "Funds."
Champion 2000, Incentive Life 2000, Incentive Life and SP-Flex policies are no
longer offered for sale.
INFORMATION RELATED TO ALL POLICIES:
1. EQUITABLE VARIABLE. The information under the heading EQUITABLE VARIABLE is
updated as follows: Equitable Variable was organized in 1972 in New York
State as a stock life insurance company. We are licensed to do business in
all 50 states, Puerto Rico, the Virgin Islands and the District of
Columbia. At December 31, 1995, we had approximately $132.8 billion face
amount of variable life insurance in force.
- -------------------------------------------------------------------------------
THIS SUPPLEMENT SHOULD BE RETAINED FOR FUTURE REFERENCE.
VM 521 Copyright 1996 Equitable Variable Life Insurance Company.
All rights reserved.
2
<PAGE>
2. EQUITABLE. The information under the heading OUR PARENT, EQUITABLE is
updated as follows: Equitable is a wholly-owned subsidiary of The
Equitable Companies Incorporated (the Holding Company). The largest
stockholder of the Holding Company is AXA S.A. (AXA), a French insurance
holding company. AXA beneficially owns 60.6% of the outstanding shares of
common stock of the Holding Company plus convertible preferred stock.
Under its investment arrangements with Equitable and the Holding Company,
AXA is able to exercise significant influence over the operations and
capital structure of the Holding Company and its subsidiaries, including
Equitable and Equitable Variable. AXA is the principal holding company for
most of the companies in one of the largest insurance groups in Europe.
The majority of AXA's stock is controlled by a group of five French mutual
insurance companies. Equitable, the Holding Company and their subsidiaries
managed approximately $195.3 billion in assets as of December 31, 1995.
3. HUDSON RIVER TRUST INVESTMENT POLICIES. Net premiums can be allocated to
the Separate Account Funds or to the Guaranteed Interest Account (except
for SP-Flex policyowners). The Funds of Separate Account FP in turn invest
those net premiums in corresponding portfolios of The Hudson River Trust,
a mutual fund. Each portfolio has a different investment objective which
it tries to achieve by following separate investment policies. The
objectives and policies of each portfolio will affect its return and its
risks. There is no guarantee that these objectives will be achieved. The
policies and objectives of the Trust's portfolios are as follows:
<TABLE>
<CAPTION>
- -------------------------------------------------------------------------------------------------------------------------------
PORTFOLIO INVESTMENT POLICY OBJECTIVE
--------- ----------------- ---------
<S> <C> <C>
THE FIXED INCOME SERIES:
MONEY MARKET ........... Primarily high quality short-term money market High level of current income while
instruments. preserving assets and maintaining
liquidity.
INTERMEDIATE ........... Primarily debt securities issued or guaranteed High current income consistent with
GOVERNMENT by the U.S. Government, its agencies and relative stability of principal.
SECURITIES instrumentalities. Each investment will have a
final maturity of not more than 10 years or a
duration not exceeding that of a 10-year
Treasury note.
QUALITY BOND ........... Primarily investment grade fixed income High current income consistent with
securities. preservation of capital.
HIGH YIELD ............. Primarily a diversified mix of high yield, High return by maximizing current
fixed-income securities involving greater income and, to the extent
volatility of price and risk of principal and consistent with that objective,
income than high quality fixed-income capital appreciation.
securities. The medium and lower quality debt
securities in which the Portfolio may invest are
known as "junk bonds."
THE EQUITY SERIES:
GROWTH & INCOME ........ Primarily common stocks and securities High return through a combination
convertible into common stocks. of current income and capital
appreciation.
EQUITY INDEX ........... Selected securities in the S&P's 500 Index (the Total return performance (before
"Index") which the adviser believes will, in the trust expenses) that approximates
aggregate, approximate the performance results the investment performance of the
of the Index. Index (including reinvestment of
dividends) at a risk level
consistent with that of the Index.
COMMON STOCK ........... Primarily common stock and other equity-type Long-term growth of capital and
instruments. increasing income.
GLOBAL ................. Primarily equity securities of non-United States Long-term growth of capital.
as well as United States companies.
INTERNATIONAL .......... Primarily equity securities selected principally Long-term growth of capital.
to permit participation in non-United States
companies with prospects for growth.
- -------------------------------------------------------------------------------------------------------------------------------
</TABLE>
3
<PAGE>
<TABLE>
<CAPTION>
- -------------------------------------------------------------------------------------------------------------------------------
PORTFOLIO INVESTMENT POLICY OBJECTIVE
--------- ----------------- ---------
<S> <C> <C>
AGGRESSIVE STOCK .......... Primarily common stock and other equity-type Long-term growth of capital.
securities issued by medium and other smaller
sized companies with strong growth potential.
ASSET ALLOCATION SERIES:
CONSERVATIVE INVESTORS .... Diversified mix of publicly-traded, fixed-income High total return without, in the
and equity securities; asset mix and security adviser's opinion, undue risk to
selection are primarily based upon factors principal.
expected to reduce risk. The Portfolio is
generally expected to hold approximately 70% of
its assets in fixed income securities and 30%
in equity securities.
BALANCED .................. Primarily common stocks, publicly-traded debt High return through a combination
securities and high quality money market of current income and capital
instruments. The portfolio is generally expected appreciation.
to hold 50% of its assets in equity securities
and 50% in fixed income securities.
GROWTH INVESTORS .......... Diversified mix of publicly-traded, fixed-income High total return consistent with
and equity securities; asset mix and security the adviser's determination of
selection based upon factors expected to reasonable risk.
increase possibility of high long-term return.
The Portfolio is generally expected to hold
approximately 70% of its assets in equity
securities and 30% in fixed income securities.
- -------------------------------------------------------------------------------------------------------------------------------
</TABLE>
Subject to the terms described in your prospectus, you may transfer cash
values between Separate Account Funds and/or change how your net premiums
are allocated among Funds. See TRANSFERS OF POLICY ACCOUNT VALUE in your
prospectus and CHARGE FOR TRANSFERS below.
4. INVESTMENT PERFORMANCE. Footnote 7 to the Separate Account FP financial
statements included herein contains information about the net return for
each Fund. The attached prospectus supplement for The Hudson River Trust
contains rates of return and other portfolio performance information of the
Trust for various periods ended December 31, 1995. Remember, the changes in
the Policy Account value of your policy depend not only on the performance
of the Trust portfolios, but also on the deductions and charges under your
policy. To obtain the current unit values of the Separate Account Funds,
call (212) 714-5015.
The values reported in footnote 7 for all Policies are computed using the
net rates of return for the corresponding portfolios of the Trust. The
SP-Flex returns are net of charges for cost of insurance, administrative
expense, and mortality and expense risks.
The returns reported in footnote 7 for each of the other policy forms are
reduced only by any mortality and expense risk charge deducted from
Separate Account assets.
5. THE TRUST'S INVESTMENT ADVISER. The information about Alliance Capital
Management L.P. (Alliance), the Trust's investment adviser, is updated as
follows: As of December 31, 1995, Alliance was managing approximately
$146.5 billion in assets. Alliance, a publicly traded limited partnership,
is indirectly majority-owned by Equitable.
For your convenience, we are restating that the advisory fee payable by the
Trust to Alliance, which is based on the following annual percentages of
the value of each portfolio's daily average net assets:
<TABLE>
<CAPTION>
- -------------------------------------------------------------------------------------------------------------------------------
DAILY AVERAGE NET ASSETS
-------------------------------------------------
FIRST NEXT OVER
PORTFOLIO $350 MILLION $400 MILLION $750 MILLION
--------- ------------ ------------ ------------
<S> <C> <C> <C>
Common Stock, Money Market and Balanced................................... .400% .375% .350%
Aggressive Stock and Intermediate Government Securities................... .500% .475% .450%
High Yield, Global, Conservative Investors and Growth Investors........... .550% .525% .500%
- -------------------------------------------------------------------------------------------------------------------------------
</TABLE>
4
<PAGE>
<TABLE>
<CAPTION>
- -------------------------------------------------------------------------------------------------------------------------------
DAILY AVERAGE NET ASSETS
-------------------------------------------------
FIRST NEXT OVER
PORTFOLIO $500 MILLION $500 MILLION $1 BILLION
--------- ------------ ------------ ----------
<S> <C> <C> <C>
Quality Bond and Growth & Income.......................................... .550% .525% .500%
</TABLE>
<TABLE>
<CAPTION>
FIRST NEXT OVER
PORTFOLIO $750 MILLION $750 MILLION $1.5 BILLION
--------- ------------ ------------ ------------
<S> <C> <C> <C>
Equity Index.............................................................. .350% .300% .250%
</TABLE>
<TABLE>
<CAPTION>
FIRST NEXT OVER
PORTFOLIO $500 MILLION $1 BILLION $1.5 BILLION
--------- ------------ ---------- ------------
<S> <C> <C> <C>
International............................................................. .900 .850 .800
- -------------------------------------------------------------------------------------------------------------------------------
</TABLE>
6. LIVING BENEFIT OPTION AVAILABLE. Subject to regulatory approval in your
state and our underwriting guidelines, you may now be eligible for a Living
Benefit payment under your policy. The Living Benefit enables the
policyowner to receive a portion of the policy's death benefit (excluding
death benefits payable under certain riders) if the insured has a terminal
illness. Certain eligibility requirements will apply when you submit a
Living Benefit claim (for example, satisfactory evidence of less than six
month life expectancy). We will deduct an administrative charge of up to
$250 from the proceeds of the Living Benefit payment. This charge may be
less in some states.
When a Living Benefit claim is paid, Equitable Variable establishes a lien
against the policy. The amount of the lien is the sum of the Living Benefit
payment, any accrued interest on that payment and any unpaid scheduled
premium (if applicable under your policy). Interest will be charged at a
rate equal to the greater of: (i) the yield on a 90-day Treasury bill and
(ii) the maximum adjustable policy loan interest rate permitted in the
state in which your policy is delivered.
Until a death benefit is paid, or the policy is surrendered, a portion of
the lien is allocated to the policy's Cash Surrender Value. This portion of
the liened amount will be transferred to the Guaranteed Interest Account
where it will earn interest at the same rate credited to unloaned amounts
(in the case of SP-Flex policies, this portion of the liened amount will be
transferred to the Money Market Fund). This portion of the liened amount
will not be available for loans or partial withdrawals (if permitted under
your policy). Any death benefit or Cash Surrender Value payable upon policy
surrender will be reduced by the amount of the lien.
Unlike a death benefit received by a beneficiary after the death of an
insured, receipt of a Living Benefit payment may be taxable as a
distribution under the policy. See TAX EFFECTS in your prospectus or, for
SP-Flex policyowners, in this supplement, for a discussion of the tax
treatment of distributions under the policy. Consult your tax adviser.
Receipt of a Living Benefit payment may also affect a policyowner's
eligibility for certain government benefits or entitlements. To submit a
claim for this benefit and receive a copy of the Living Benefit rider,
please contact your Equitable agent.
7. TELEPHONE TRANSFERS. The information under the heading Telephone Transfers
is updated, as follows:
In order to make a transfer by telephone, each policyowner must first
complete and return an authorization form. Authorization forms can be
obtained from your Equitable agent or our Administrative Office. The
completed form MUST be returned to our Administrative Office before
requesting a telephone transfer.
Telephone transfers may be requested on each day we are open to transact
business. You will receive the Fund's unit value as of the close of
business on the day you call. We do not accept telephone transfer requests
after 4:00 p.m. Eastern Time. Only one telephone transfer request is
permitted per day and it may not be revoked at any time. Telephone transfer
requests are automatically recorded and are invalid if incomplete
information is given, portions of the request are inaudible, no
authorization form is on file, or the request does not comply with the
transfer limitations described in your policy.
We have established reasonable procedures designed to confirm that
instructions communicated by telephone are genuine. Such procedures include
requiring certain personal identification information prior to acting on
telephone instructions and providing written confirmation of instructions
communicated by telephone. If we do not employ reasonable procedures to
confirm that instructions communicated by telephone are genuine, we may be
liable for any losses arising out of any act or any failure to act
resulting from our own negligence, lack of good faith, or willful
misconduct. In light of the procedures established, we will not be liable
for following telephone instructions that we reasonably believe to be
genuine.
During times of extreme market activity it may be impossible to contact us
to make a telephone transfer. If this occurs, you should submit a written
transfer request to our Administrative Office. Our rules on telephone
transfers are subject to change and we reserve the right to discontinue
telephone transfers in the future.
8. TAX CHANGES. The United States Congress may in the future enact legislation
that could change the tax treatment of life insurance policies. In
addition, the Treasury Department may amend existing regulations, issue new
regulations, or adopt new interpretations of existing laws. There is no way
of predicting whether, when or in what form any such change
5
<PAGE>
would be adopted. Any such change could have a retroactive effect
regardless of the date of enactment. State tax laws or, if you are not a
United States resident, foreign tax laws, may affect the tax consequences
to you, the insured person or your beneficiary. These laws may change from
time to time without notice.
The discussion of the tax effects on policy proceeds contained in your
prospectus and this supplement is based on our understanding of Federal
income tax laws as of the date of such prospectus or supplement, as applied
to policies owned by U.S. resident individuals. The tax effects on
corporate taxpayers, subject to the Federal alternative minimum tax, other
non-natural owners such as trusts, non-U.S. residents or non-U.S. citizens,
may be different. This discussion is general in nature, and should not be
considered tax advice, for which you should consult your legal or tax
adviser.
9. DISTRIBUTION. Equico Securities Inc. ("Equico"), a wholly-owned subsidiary
of Equitable, is the principal underwriter of the Trust under a
Distribution Agreement. Equico is also the distributor of our variable life
insurance policies and Equitable's variable annuity contracts under a
Distribution and Servicing Agreement. Equico is registered with the SEC as
a broker-dealer under the Securities Exchange Act of 1934 and is a member
of the National Association of Securities Dealers, Inc. Equico's principal
business address is 1755 Broadway, New York, NY 10019. Equico is paid a fee
for its services as distributor of our policies. In 1994 and 1995,
Equitable and Equitable Variable paid Equico a fee of $216,920 and
$325,380, respectively, for its services under the Distribution and
Servicing Agreement. On or about May 1, 1996, Equico will change its name
to EQ Financial Consultants, Inc.
The amounts paid and accrued to Equitable by us under our sales and
services agreements with Equitable totaled approximately $377.2 million in
1995, $380.5 million in 1994 and $355.7 million in 1993.
10. MANAGEMENT. A list of our directors and principal officers and a brief
statement of their business experience for the past five years is contained
in Appendix A to this supplement.
11. LONG-TERM MARKET TRENDS. Appendix B to this supplement presents historical
return trends for various types of securities which may be useful for
understanding how different investment strategies may affect long term
results.
12. FINANCIAL STATEMENTS. The financial statements of Separate Account FP and
Equitable Variable included in this prospectus supplement have been audited
for the years ended December 31, 1995, 1994 and 1993 by the accounting firm
of Price Waterhouse LLP, our independent auditors, to the extent stated in
their report. The financial statements of Separate Account FP and Equitable
Variable for the years ended December 31, 1995, 1994 and 1993 included in
this prospectus supplement have been so included in reliance on the reports
of Price Waterhouse LLP, given on the authority of such firm as experts in
accounting and auditing.
The financial statements of Equitable Variable contained in this prospectus
supplement should be considered only as bearing upon the ability of
Equitable Variable to meet its obligations under the policies. They should
not be considered as bearing upon the investment experience of the Separate
Account Funds.
INFORMATION ABOUT ALL POLICIES EXCEPT SP-FLEX
1. AUTOMATIC TRANSFER SERVICE. We offer an Automatic Transfer Service. This
service enables you to make automatic monthly transfers out of the Money
Market Fund into the other Separate Account Funds.
To start using this service you must first complete a special election form
that is available from your agent or our Administrative Office. You must
also have a minimum of $5,000 in the Money Market Fund on the date the
Automatic Transfer Service is scheduled to begin. You can elect up to eight
Separate Account Funds for monthly transfers, but the minimum amount that
may be transferred to each Fund each month is $50. Automatic transfers will
begin on the next monthly processing date after we receive your election
form at our Administrative Office.
The Automatic Transfer Service will remain in effect until the earliest of
the following events: (1) the funds in the Money Market Fund are
insufficient to cover the automatic transfer amount; (2) the policy is in a
grace period; (3) we receive at our Administrative Office your written
instruction to cancel the Automatic Transfer Service; (4) we receive a
death claim under the policy; or (5) you elect to use your Net Cash
Surrender Value to purchase a fixed-benefit insurance option (if available
under your policy).
Using the Automatic Transfer Service does not guarantee a profit or protect
against loss in a declining market.
2. CHARGE FOR TRANSFERS. We have reserved the right under your policy to make
a charge of $25 for transfers of Policy Account value. You are currently
able to make twelve free transfers in any policy year but we will charge
$25 per transfer after the twelfth transfer. All transfers made on the same
effective date (either written or by telephone) will count as one transfer.
Transfers
6
<PAGE>
made through the Automatic Transfer Service do not count toward the twelve
free transfers. There will be no charge for a transfer of all of your
amounts in the Separate Account to the Guaranteed Interest Account.
INFORMATION ABOUT INCENTIVE LIFE PLUS
DEDUCTIONS AND CHARGES. Cost of Insurance Charge. The information under Cost of
Insurance Charge is updated as follows: Beginning in the tenth policy year,
current monthly cost of insurance charges are reduced by an amount equal to a
percentage of your unloaned Policy Account value on the date such charges are
assessed. This means that the larger your unloaned Policy Account value, the
greater your potential reduction in current cost of insurance charges. This
percentage begins at an annual rate of .05%, grading up to an annual rate of
.50% in policy years 26 and later. Effective on or about July 1, 1996, we intend
to increase this cost of insurance charge reduction to grade up to .65% in
policy years 25 and later. This cost of insurance charge reduction applies on a
current basis and is not guaranteed. We may in the future increase, decrease,
change the duration of, or eliminate the amount of the current cost of insurance
charge reduction without advance notice to you. Because Incentive Life Plus was
offered for the first time in 1995, no reduction of cost of insurance charges in
the tenth policy year has yet been attained.
INFORMATION ABOUT INCENTIVE LIFE 2000 AND CHAMPION 2000
1. PROSPECTUS SUMMARY. On page 1 of the prospectus, under the heading
INVESTMENT FEATURES -- POLICY ACCOUNT the bold face text in the second
bullet point is replaced by the following: REQUESTS FOR TRANSFERS OUT OF
THE GUARANTEED INTEREST ACCOUNT CAN ONLY BE MADE ON OR WITHIN 30 DAYS OF A
POLICY ANNIVERSARY. SUCH TRANSFERS WILL BE EFFECTIVE AS OF THE DATE WE
RECEIVE YOUR REQUEST, BUT NO EARLIER THAN THE POLICY ANNIVERSARY. TRANSFERS
INTO THE GUARANTEED INTEREST ACCOUNT AND AMONG ALL SEPARATE ACCOUNT FUNDS
MAY BE REQUESTED AT ANY TIME.
2. BORROWING FROM YOUR POLICY ACCOUNT. We will first allocate loan repayments
to our Guaranteed Interest Account until the amount of any loan originally
allocated to that account has been repaid. After you have repaid this
amount, you may choose how you want us to allocate the balance of any
additional repayments. If you do not provide specific instructions,
repayments will be allocated on the basis of your premium allocation
percentages.
3. MINIMUM FACE AMOUNT (INCENTIVE LIFE 2000 ONLY). The minimum Face Amount for
Incentive Life 2000 is $50,000 for issue ages 65 and below. This is also
the minimum Face Amount for the "designated insured option" rider described
under ADDITIONAL BENEFITS MAY BE AVAILABLE in your Incentive Life 2000
prospectus.
INFORMATION ABOUT INCENTIVE LIFE
1. MONTHLY ADMINISTRATIVE CHARGE. We deduct a monthly administrative charge
from your Policy Account, which covers the costs associated with
administering Incentive Life policies. The current administrative charge is
$6 per month. This administrative charge is guaranteed never to exceed $8
per month.
2. COST OF INSURANCE CHARGE. The tables under "Cost of Insurance Charge" in
prospectuses dated February 27, 1991 and earlier are updated as follows:
<TABLE>
<CAPTION>
ILLUSTRATIVE TABLE OF MONTHLY COST OF INSURANCE RATES
(ROUNDED)
FACE AMOUNT $50,000-$199,000 FACE AMOUNT $200,000 AND OVER
-------------------------------------------------- ---------------------------------------------------
MALE GUARANTEED CURRENT GUARANTEED CURRENT
ISSUE AGE MAXIMUM RATE (NON-SMOKER) RATE MAXIMUM RATE (NON-SMOKER) RATE
- --------------------- ---------------------- ------------------------- ---------------------- -------------------------
<C> <C> <C> <C> <C>
5 $ .08 $ .08 $ .08 $ .08
15 .11 .11 .11 .11
25 .15 .13 .15 .12
35 .18 .14 .18 .13
45 .38 .25 .38 .22
55 .88 .54 .88 .46
65 2.14 1.41 2.14 1.19
</TABLE>
3. EMPLOYEE BENEFIT PROGRAMS. Complex rules may apply when a policy is held by
an employee or a trust, or acquired by an employee, in connection with the
provision of employee benefits. These policyowners also must consider
whether the policy was applied for by or issued to a person having an
insurable interest under applicable state law, as the lack of insurable
interest may, among other things, affect the qualification of the policy as
life insurance for federal income tax purposes and the right of the
beneficiary to death benefits. Employers and employer-created trusts may be
subject to
7
<PAGE>
reporting, disclosure, and fiduciary obligations under the Employee
Retirement Income Security Act of 1974 (ERISA). For information on these
matters, we suggest that you consult your tax and legal advisers.
4. UNISEX RATES. Incentive Life policies were issued on a unisex basis in
Montana and, after February 2, 1990, in Massachusetts. Unisex means that
there is no distinction based on sex in determining the cost of insurance
rates. Cost of insurance rates applicable to a policy issued on a unisex
basis would not be greater than the comparable male rates set forth or
illustrated in the prospectus. Similarly, illustrated policy values in the
prospectus would be no less favorable for comparable policies issued on a
unisex basis. The guaranteed cost of insurance rates for our Incentive Life
policy are based on the Commissioner's 1980 Standard Ordinary "B" Mortality
Table.
INFORMATION ABOUT SP-FLEX
1. TAX EFFECTS. This discussion supersedes the discussion of the tax
effects on policy proceeds contained in the prospectus. The Technical and
Miscellaneous Revenue Act of 1988 changed the tax consequences of
distributions from "modified endowments", a category of life insurance
policies. For this purpose, "distributions" include policy loans and
amounts received on lapse, maturity or surrender of a policy.
POLICY PROCEEDS. An SP-Flex Policy will be treated as "life insurance" for
Federal income tax purposes if it meets the definitional requirement of the
Internal Revenue Code (Code) and for as long as the portfolios of the Trust
satisfy the diversification requirements under the Code. We believe that
SP-Flex will meet these requirements, and that under Federal income tax
law:
o the death benefit received by the beneficiary under your policy will
not be subject to Federal income tax; and
o as long as your policy remains in force, increases in the value of your
policy as a result of investment experience will not be subject to
Federal income tax unless and until there is a distribution from your
policy.
SPECIAL TAX RULES MAY APPLY, HOWEVER, IF YOU TRANSFER YOUR OWNERSHIP OF THE
POLICY. CONSULT YOUR TAX ADVISER BEFORE ANY TRANSFER OF YOUR POLICY.
The Federal income tax consequences of a distribution from your policy will
depend on whether your policy is determined to be a "modified endowment."
SP-Flex policies entered into prior to June 21, 1988 will not be considered
modified endowments, unless an additional premium is paid. Generally,
SP-Flex policies entered into after June 20, 1988 will be considered
modified endowments. However, SP-Flex policies acquired as a result of an
exchange from a policy that is not a modified endowment, will generally not
be considered a modified endowment as long as no additional premiums are
paid and the death benefit of the new policy is not reduced below that of
the old policy.
IF YOUR POLICY IS NOT A MODIFIED ENDOWMENT, as long as it remains in force,
a loan under your policy will be treated as indebtedness and no part of the
loan will be subject to Federal income tax. Interest on the loan will not
be tax deductible. If your policy lapses, matures or is surrendered, the
excess, if any, of your Cash Surrender Value (which includes the amount of
any unpaid policy loan and loan interest) over your Basis will be subject
to Federal income tax. Your Basis in your policy generally will equal the
premiums you have paid.
IF YOUR POLICY IS A MODIFIED ENDOWMENT, any loan from your policy will be
taxed in a manner comparable to distributions from annuities (i.e., on an
"income-first" basis). A loan for this purpose also includes any increase
in the loan amount to pay interest on an existing loan or an assignment or
a pledge to secure a loan. A loan will be considered taxable income to you
to the extent your Policy Account Value exceeds your Basis in the policy at
the time you make the loan. For modified endowments, your Basis would be
increased by the amount of any prior loan under your policy that was
considered taxable income to you.
A 10% penalty tax will also apply to the taxable portion of a loan under a
modified endowment. The penalty tax will not, however, apply to loans (i)
to taxpayers 59 1/2 years of age or older, (ii) in the case of a disability
(as defined in the Code) or (iii) received as part of a series of
substantially equal periodic annuity payments for the life (or life
expectancy) of the taxpayer or the joint lives (or joint life expectancies)
of the taxpayer and his beneficiary. In addition, if your policy lapses,
matures or is surrendered, the excess, if any, of your Cash Surrender Value
over your Basis will be subject to Federal income tax and, unless one of
the above exceptions applies, the 10% penalty tax.
If your policy becomes a modified endowment, a distribution during the
policy year it becomes a modified endowment and any subsequent policy year
will be taxed as described in the two preceding paragraphs. In addition, a
distribution from a policy within two years before it becomes a modified
endowment will be subject to tax in this manner. As referred to above, if
additional premiums are paid under an SP-Flex policy entered into prior to
June 21, 1988, it will become a modified endowment. THIS MEANS THAT A
DISTRIBUTION MADE AFTER JUNE 20, 1988 FROM AN SP-FLEX POLICY ENTERED INTO
PRIOR TO JUNE 21, 1988 COULD LATER BECOME TAXABLE AS A DISTRIBUTION FROM A
MODIFIED ENDOWMENT. The Secretary of the Treasury has been authorized to
prescribe rules which would treat similarly other distributions made in
anticipation of a policy becoming a modified endowment.
DIVERSIFICATION. Under Section 817(h) of the Code, the Secretary of the
Treasury has the authority to set standards for diversification of the
investments underlying variable life insurance policies. The Treasury
Department has issued regulations regarding the
8
<PAGE>
diversification requirements. Failure by us to meet these requirements
would disqualify your policy as a life insurance policy under Section 7702
of the Code. If this were to occur, you would be subject to Federal income
tax on the income under the policy. Equitable Variable Separate Account FP,
through the Trust, intends to comply with these requirements.
In connection with the issuance of the temporary diversification
regulations, the Treasury Department stated that it anticipates the
issuance of regulations or rulings prescribing the circumstances in which
the ability of a policyowner to direct his investment to particular funds
of a separate account may cause the policyowner, rather than the insurance
company, to be treated as the owner of the assets in the account. If you
were considered the owner of the assets of the Separate Account, income and
gains from the account would be included in your gross income for Federal
income tax purposes.
For purposes of determining the taxable income to you resulting from a loan
under your policy or a distribution on its lapse, maturity or surrender,
all modified endowment contracts issued to you by the same insurer or an
affiliate during any calendar year will be aggregated and treated as one
contract. This provision applies to policies entered into after June 20,
1988, but does not affect contracts purchased by certain qualified plans.
Under prior law, a "twelve-month period" rather than a calendar year
standard was used.
POLICY CHANGES. For you and your beneficiary to receive the tax treatment
discussed above, your policy must initially qualify and continue to qualify
as life insurance under Sections 7702 and 817(h) of the Code. We have
reserved in the SP-Flex policy the right to decline to accept all or part
of any premium payments that would cause the policy to fail to qualify. We
may also make changes in the SP-Flex policy or its riders or make
distributions from the policy to the extent we deem necessary to qualify
the policy as life insurance for tax purposes. Any such change will apply
uniformly to all policies that are affected. SP-Flex policyowners will be
given advance written notice of such changes.
9
<PAGE>
REPORT OF INDEPENDENT ACCOUNTANTS
To the Board of Directors of
Equitable Variable Life Insurance Company
and Policyowners of Separate Account FP
of Equitable Variable Life Insurance Company
In our opinion, the accompanying statements of assets and liabilities and the
related statements of operations and of changes in net assets present fairly, in
all material respects, the financial position of Money Market Division,
Intermediate Government Securities Division, Quality Bond Division, High Yield
Division, Growth and Income Division, Equity Index Division, Common Stock
Division, Global Division, International Division, Aggressive Stock Division,
Conservative Investors Division, Balanced Division and Growth Investors
Division, separate investment divisions of Equitable Variable Life Insurance
Company ("Equitable Variable Life") Separate Account FP at December 31, 1995 and
the results of each of their operations and changes in each of their net assets
for each of the periods indicated, in conformity with generally accepted
accounting principles. These financial statements are the responsibility of
Equitable Variable Life's management; our responsibility is to express an
opinion on these financial statements based on our audits. We conducted our
audits of these financial statements in accordance with generally accepted
auditing standards which require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements, assessing the
accounting principles used and significant estimates made by management and
evaluating the overall financial statement presentation. We believe that our
audits, which included confirmation of shares in The Hudson River Trust at
December 31, 1995 with the transfer agent, provide a reasonable basis for the
opinion expressed above.
PRICE WATERHOUSE LLP
New York, NY
February 7, 1996
FSA-1
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF ASSETS AND LIABILITIES
DECEMBER 31, 1995
<TABLE>
<CAPTION>
INTERMEDIATE
MONEY GOVERNMENT QUALITY HIGH GROWTH & EQUITY
MARKET SECURITIES BOND YIELD INCOME INDEX
DIVISION DIVISION DIVISION DIVISION DIVISION DIVISION
------------ ----------- ------------ ----------- ----------- -----------
<S> <C> <C> <C> <C> <C> <C>
ASSETS
Investments in shares of
The Hudson River
Trust -- at market
value (Notes 2 and 7)
Cost: $207,548,119..... $207,638,095
37,536,467..... $37,681,989
141,011,715..... $138,906,039
68,700,148..... $72,524,129
17,021,456..... $19,144,802
59,443,291..... $71,895,056
Receivable for sales of
shares of The Hudson
River Trust........... -- -- -- -- -- --
Receivable for policy-
related transactions.. 1,030,719 472,227 195,736 671,870 272,371 214,843
------------ ----------- ------------ ----------- ----------- -----------
Total Assets............ 208,668,814 38,154,216 139,101,775 73,195,999 19,417,173 72,109,899
------------ ----------- ------------ ----------- ----------- -----------
LIABILITIES
Payable for purchases
of shares of The
Hudson River
Trust................. 1,021,043 488,551 195,429 740,734 272,227 214,856
Payable for policy-
related transactions.. -- -- -- -- -- --
Amount retained by
Equitable Variable Life
in Separate Account
FP (Note 4)........... 514,240 516,621 618,900 524,303 526,633 271,428
------------ ----------- ------------ ----------- ---------- -----------
Total Liabilities....... 1,535,283 1,005,172 814,329 1,265,037 798,860 486,284
------------ ----------- ------------ ----------- ---------- -----------
NET ASSETS ATTRIBUTABLE
TO POLICYOWNERS......... $207,133,531 $37,149,044 $138,287,446 $71,930,962 $18,618,313 $71,623,615
============ =========== ============ =========== =========== ===========
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
COMMON AGGRESSIVE
STOCK GLOBAL INTERNATIONAL STOCK
DIVISION DIVISION DIVISION DIVISION
-------------- ------------ ----------- ------------
<S> <C> <C> <C> <C>
ASSETS
Investments in shares of
The Hudson River
Trust -- at market
value (Notes 2 and 7)
Cost: 966,230,780...... $1,148,055,059
297,303,481...... $333,829,077
11,991,226...... $12,659,132
475,758,260...... $556,029,378
Receivable for sales of
shares of The Hudson
River Trust........... -- -- -- --
Receivable for policy-
related transactions.. 233,000 421,042 137,166 800,569
-------------- ------------ ----------- ------------
Total Assets............ 1,148,288,059 334,250,119 12,796,298 556,829,947
-------------- ------------ ----------- ------------
LIABILITIES
Payable for purchases
of shares of The
Hudson River
Trust................. 679,729 246,368 143,511 1,121,615
Payable for policy-
related transactions.. -- -- -- --
Amount retained by
Equitable Variable Life
in Separate Account
FP (Note 4)........... 1,023,056 506,731 220,849 520,201
-------------- ------------ ----------- ------------
Total Liabilities....... 1,702,785 753,099 364,360 1,641,816
-------------- ------------ ----------- ------------
NET ASSETS ATTRIBUTABLE
TO POLICYOWNERS....... $1,146,585,274 $333,497,020 $12,431,938 $555,188,131
============== ============ =========== ============
</TABLE>
See Notes to Financial Statements.
ASSET ALLOCATION SERIES
--------------------------------------------
CONSERVATIVE GROWTH
INVESTORS BALANCED INVESTORS
DIVISION DIVISION DIVISION
------------ ------------ ------------
ASSETS
Investments in shares of
The Hudson River
Trust -- at market
value (Notes 2 and 7)
Cost: 162,300,470...... $172,662,590
356,282,500...... $399,379,687
474,917,898...... $556,703,771
Receivable for sales of
shares of The Hudson
River Trust........... 76,736 -- --
Receivable for policy-
related transactions.. -- -- 191,779
------------ ------------ ------------
Total Assets............ 172,739,326 399,379,687 556,895,550
------------ ------------ ------------
LIABILITIES
Payable for purchases
of shares of The
Hudson River
Trust................. -- 179,701 414,996
Payable for policy-
related transactions.. 81,465 47,918 --
Amount retained by
Equitable Variable Life
in Separate Account
FP (Note 4)........... 570,762 586,859 602,888
------------ ------------ ------------
Total Liabilities....... 652,227 814,478 1,017,884
------------ ------------ ------------
NET ASSETS ATTRIBUTABLE
TO POLICYOWNERS....... $172,087,099 $398,565,209 $555,877,666
============ ============ ============
See Notes to Financial Statements.
FSA-2
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF OPERATIONS
<TABLE>
<CAPTION>
INTERMEDIATE GOVERNMENT
MONEY MARKET DIVISION SECURITIES DIVISION
------------------------------------ --------------------------------------
YEAR ENDED DECEMBER 31, YEAR ENDED DECEMBER 31,
------------------------------------ --------------------------------------
1995 1994 1993 1995 1994 1993
---------- ---------- ---------- ---------- ------------ ----------
<S> <C> <C> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust......... $9,225,401 $5,368,883 $4,163,389 $2,010,283 $ 5,671,984 $14,930,827
Expenses (Note 3):
Mortality and expense risk charges............ 954,556 826,379 834,113 197,721 527,675 1,470,325
---------- ---------- ---------- ---------- ----------- -----------
NET INVESTMENT INCOME............................. 8,270,845 4,542,504 3,329,276 1,812,562 5,144,309 13,460,502
---------- ---------- ---------- ---------- ----------- -----------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments........... (432,347) 95,530 (339,754) (810,768) (10,163,976) 3,999,846
Realized gain distribution from
The Hudson River Trust...................... -- -- -- -- -- 11,449,074
---------- ---------- ---------- ---------- ----------- -----------
NET REALIZED GAIN (LOSS).......................... (432,347) 95,530 (339,754) (810,768) (10,163,976) 15,448,920
Unrealized appreciation/depreciation on
investments:
Beginning of period........................... 32,760 (14,267) (224,885) (2,736,863) (1,617,237) 1,966,231
End of period................................. 89,976 32,760 (14,267) 145,522 (2,736,863) (1,617,237)
---------- ---------- ---------- ---------- ----------- -----------
Change in unrealized appreciation/depreciation
during the period............................. 57,216 47,027 210,618 2,882,385 (1,119,626) (3,583,468)
---------- ---------- ---------- ---------- ----------- -----------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS.................................. (375,131) 142,557 (129,136) 2,071,617 (11,283,602) 11,865,452
---------- ---------- ---------- ---------- ----------- -----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS................................. $7,895,714 $4,685,061 $3,200,140 $3,884,179 $(6,139,293) $25,325,954
========== ========== ========== ========== =========== ===========
</TABLE>
<TABLE>
<CAPTION>
QUALITY BOND DIVISION
-------------------------------------------
OCTOBER 1*
TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
--------------------------- ------------
1995 1994 1993
----------- ------------ ------------
<S> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust......... $ 7,958,285 $ 8,123,722 $ 1,221,840
Expenses (Note 3):
Mortality and expense risk charges............ 767,627 689,178 163,308
----------- ------------ ------------
NET INVESTMENT INCOME............................. 7,190,658 7,434,544 1,058,532
----------- ------------ ------------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments........... (632,666) (410,697) (106)
Realized gain distribution from
The Hudson River Trust...................... -- -- 130,973
----------- ------------ ------------
NET REALIZED GAIN (LOSS).......................... (632,666) (410,697) 130,867
Unrealized appreciation/depreciation on
investments:
Beginning of period........................... (15,521,200) (1,886,621) --
End of period................................. (2,105,676) (15,521,200) (1,886,621)
----------- ------------ -----------
Change in unrealized appreciation/depreciation
during the period............................. 13,415,524 (13,634,579) (1,886,621)
----------- ------------ -----------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS.................................. 12,782,858 (14,045,276) (1,755,754)
----------- ------------ -----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS................................. $19,973,516 $ (6,610,732) $ (697,222)
=========== ============ ===========
See Notes to Financial Statements.
<FN>
* Commencement of Operations
</FN>
</TABLE>
FSA-3
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF OPERATIONS (CONTINUED)
<TABLE>
<CAPTION>
HIGH YIELD DIVISION
----------------------------------------
YEAR ENDED DECEMBER 31,
----------------------------------------
1995 1994 1993
----------- ----------- ----------
<S> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust................. $ 6,518,568 $ 4,578,946 $4,488,259
Expenses (Note 3):
Mortality and expense risk charges.................... 371,369 305,522 285,992
----------- ----------- ----------
NET INVESTMENT INCOME..................................... 6,147,199 4,273,424 4,202,267
----------- ----------- ----------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments................... (179,454) (328,199) 107,852
Realized gain distribution from
The Hudson River Trust.............................. -- -- 1,030,687
----------- ----------- ----------
NET REALIZED GAIN (LOSS).................................. (179,454) (328,199) 1,138,539
Unrealized appreciation/depreciation on investments:
Beginning of period................................... (873,103) 4,734,999 763,746
End of period......................................... 3,823,981 (873,103) 4,734,999
----------- ----------- ----------
Change in unrealized appreciation/depreciation
during the period..................................... 4,697,084 (5,608,102) 3,971,253
----------- ----------- ----------
NET REALIZED AND UNREALIZED GAIN (LOSS) ON INVESTMENTS.... 4,517,630 (5,936,301) 5,109,792
----------- ----------- ----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS......................................... $10,664,829 $(1,662,877) $9,312,059
=========== =========== ==========
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
GROWTH & INCOME DIVISION EQUITY INDEX DIVISION
--------------------------------------- --------------------------
OCTOBER 1* APRIL 1*
TO YEAR ENDED TO
YEAR ENDED DECEMBER 31, DECEMBER 31, DECEMBER 31, DECEMBER 31,
------------------------ ------------- ----------- -------------
1995 1994 1993 1995 1994
---------- --------- ------------- ----------- -------------
<S> <C> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust................. $ 380,677 $ 108,492 $ 3,394 $ 964,775 $ 596,180
Expenses (Note 3):
Mortality and expense risk charges.................... 69,716 19,204 1,833 289,199 152,789
---------- --------- ------- ----------- ---------
NET INVESTMENT INCOME..................................... 310,961 89,288 1,561 675,576 443,391
---------- --------- ------- ----------- ---------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments................... 2,791 (11,709) (134) 3,060 (6,949)
Realized gain distribution from
The Hudson River Trust.............................. -- -- -- 536,890 134,154
---------- --------- ------- ----------- ---------
NET REALIZED GAIN (LOSS).................................. 2,791 (11,709) (134) 539,950 127,205
Unrealized appreciation/depreciation on investments:
Beginning of period................................... (141,585) (904) -- (399,286) --
End of period......................................... 2,123,346 (141,585) (904) 12,451,765 (399,286)
---------- --------- ------- ----------- ---------
Change in unrealized appreciation/depreciation
during the period..................................... 2,264,931 (140,681) (904) 12,851,051 (399,286)
---------- --------- ------- ----------- ---------
NET REALIZED AND UNREALIZED GAIN (LOSS) ON INVESTMENTS.... 2,267,722 (152,390) (1,038) 13,391,001 (272,081)
---------- --------- ------- ----------- ---------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS......................................... $2,578,683 $ (63,102) $ 523 $14,066,577 $ 171,310
========== ========= ======= =========== =========
See Notes to Financial Statements.
<FN>
* Commencement of Operations
</FN>
</TABLE>
FSA-4
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF OPERATIONS (CONTINUED)
<TABLE>
<CAPTION>
COMMON STOCK DIVISION GLOBAL STOCK DIVISION
-------------------------------------------- -----------------------------------------
YEAR ENDED DECEMBER 31, YEAR ENDED DECEMBER 31,
-------------------------------------------- -----------------------------------------
1995 1994 1993 1995 1994 1993
------------ ------------ ------------ ----------- ----------- -----------
<S> <C> <C> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson
River Trust.................... $ 14,259,262 $ 11,755,355 $ 10,311,886 $ 5,152,442 $ 2,768,605 $ 1,060,406
Expenses (Note 3):
Mortality and expense risk
charges........................ 6,050,368 4,741,008 4,005,102 1,743,898 1,211,620 466,897
------------ ------------ ------------ ----------- ----------- -----------
NET INVESTMENT INCOME................ 8,208,894 7,014,347 6,306,784 3,408,544 1,556,985 593,509
------------ ------------ ------------ ----------- ----------- -----------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on
investments.................... 16,793,683 292,144 4,176,629 3,049,444 3,347,704 1,333,766
Realized gain distribution from
The Hudson River Trust......... 63,838,178 43,936,280 85,777,775 9,214,950 4,821,242 11,642,904
------------ ------------ ------------ ----------- ----------- -----------
NET REALIZED GAIN (LOSS)............. 80,631,861 44,228,424 89,954,404 12,264,394 8,168,946 12,976,670
Unrealized appreciation
(depreciation) on investments:
Beginning of period.............. (2,048,649) 71,350,568 22,647,989 3,130,280 7,062,877 2,783,724
End of period.................... 181,824,279 (2,048,649) 71,350,568 36,525,596 3,130,280 7,062,877
------------ ------------ ------------ ----------- ----------- -----------
Change in unrealized appreciation/
depreciation during the period... 183,872,928 (73,399,217) 48,702,579 33,395,316 (3,932,597) 4,279,153
------------ ------------ ------------ ----------- ----------- -----------
NET REALIZED AND UNREALIZED GAIN
(LOSS) ON INVESTMENTS.............. 264,504,789 (29,170,793) 138,656,983 45,659,710 4,236,349 17,255,823
------------ ------------ ------------ ----------- ----------- -----------
NET INCREASE (DECREASE) IN NET ASSETS
RESULTING FROM OPERATIONS.......... $272,713,683 $(22,156,446) $144,963,767 $49,068,254 $ 5,793,334 $17,849,332
============ ============ ============ =========== =========== ===========
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
INTERNATIONAL
DIVISION AGGRESSIVE STOCK DIVISION
-------------- --------------------------------------------
APRIL 3*
TO
DECEMBER 31, YEAR ENDED DECEMBER 31,
-------------- --------------------------------------------
1995 1995 1994 1993
---------- ------------ ------------ ------------
<S> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson
River Trust.................... $195,500 $ 1,268,689 $ 400,102 $ 766,228
Expenses (Note 3):
Mortality and expense risk
charges........................ 36,471 2,702,978 1,944,639 1,757,109
-------- ------------ ------------ ------------
NET INVESTMENT INCOME................ 159,029 (1,434,289) (1,544,537) (990,881)
-------- ------------ ------------ ------------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on
investments.................... (790) 11,560,966 (6,075,250) 35,696,507
Realized gain distribution from
The Hudson River Trust......... 51,741 61,903,470 -- 25,339,962
-------- ------------ ------------ ------------
NET REALIZED GAIN (LOSS)............. 50,951 73,464,436 (6,075,250) 61,036,469
Unrealized appreciation
(depreciation) on investments:
Beginning of period.............. -- 30,761,318 35,185,988 53,885,737
End of period.................... 667,906 80,271,118 30,761,318 35,185,988
-------- ------------ ------------ ------------
Change in unrealized appreciation/
depreciation during the period... 667,906 49,509,800 (4,424,670) (18,699,749)
-------- ------------ ------------ ------------
NET REALIZED AND UNREALIZED GAIN
(LOSS) ON INVESTMENTS.............. 718,857 122,974,236 (10,499,920) 42,336,720
-------- ------------ ------------ ------------
NET INCREASE (DECREASE) IN NET ASSETS
RESULTING FROM OPERATIONS.......... $877,886 $121,539,947 $(12,044,457) $ 41,345,839
======== ============ ============ ============
See Notes to Financial Statements.
<FN>
*Commencement of Operations
</FN>
</TABLE>
FSA-5
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF OPERATIONS (CONCLUDED)
<TABLE>
<CAPTION>
ASSET ALLOCATION SERIES
---------------------------------------------------------------------------------
CONSERVATIVE INVESTORS DIVISION BALANCED DIVISION
-------------------------------------- ----------------------------------------
YEAR ENDED DECEMBER 31, YEAR ENDED DECEMBER 31,
-------------------------------------- ----------------------------------------
1995 1994 1993 1995 1994 1993
----------- ----------- ---------- ----------- ------------ -----------
<S> <C> <C> <C> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust....... $ 8,169,109 $ 6,205,574 $4,088,977 $12,276,328 $ 10,557,487 $10,062,862
Expenses (Note 3):
Mortality and expense risk charges.......... 921,294 750,164 551,610 2,237,982 2,103,510 2,047,811
----------- ----------- ---------- ----------- ------------ -----------
NET INVESTMENT INCOME........................... 7,247,815 5,455,410 3,537,367 10,038,346 8,453,977 8,015,051
----------- ----------- ---------- ----------- ------------ -----------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments......... (378,551) (421,501) 91,739 (2,466,524) 858,164 1,446,919
Realized gain distribution from
The Hudson River Trust.................... 1,068,272 -- 4,651,717 10,894,130 -- 20,280,817
----------- ----------- ---------- ----------- ------------ -----------
NET REALIZED GAIN (LOSS)........................ 689,721 (421,502) 4,743,456 8,427,606 858,164 21,727,736
Unrealized appreciation (depreciation) on
investments:
Beginning of period......................... (8,767,697) 1,915,037 2,223,612 (2,878,875) 37,960,661 30,072,900
End of period............................... 10,362,120 (8,767,697) 1,915,037 43,097,187 (2,878,875) 37,960,661
----------- ----------- ---------- ----------- ------------ -----------
Change in unrealized appreciation/depreciation
during the period........................... 19,129,817 (10,682,734) (308,575) 45,976,062 (40,839,536) 7,887,761
----------- ----------- ---------- ----------- ------------ -----------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS................................ 19,819,538 (11,104,236) 4,434,881 54,403,668 (39,981,372) 29,615,497
----------- ----------- ---------- ----------- ------------ -----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS............................... $27,067,353 $(5,648,826) $7,972,248 $64,442,014 $(31,527,395) $37,630,548
=========== =========== ========== =========== ============ ===========
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
ASSET ALLOCATION SERIES
-------------------------------------------
GROWTH INVESTORS DIVISION
-------------------------------------------
YEAR ENDED DECEMBER 31,
-------------------------------------------
1995 1994 1993
------------ ------------ -----------
<S> <C> <C> <C>
INCOME AND EXPENSES:
Income (Note 2):
Dividends from The Hudson River Trust......... $ 15,855,901 $ 10,663,204 $ 5,922,228
Expenses (Note 3):
Mortality and expense risk charges............ 2,796,354 1,995,747 1,274,117
------------ ------------ -----------
NET INVESTMENT INCOME............................. 13,059,547 8,667,457 4,648,111
------------ ------------ -----------
REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS (Note 2):
Realized gain (loss) on investments........... 1,752,185 241,591 52,392
Realized gain distribution from
The Hudson River Trust...................... 7,421,853 -- 14,624,517
------------ ------------ -----------
NET REALIZED GAIN (LOSS).......................... 9,174,038 241,591 14,676,909
Unrealized appreciation (depreciation) on
investments:
Beginning of period........................... (770,693) 20,567,604 12,746,740
End of period................................. 81,785,873 (770,693) 20,567,604
------------ ------------ -----------
Change in unrealized appreciation/depreciation
during the period............................. 82,556,566 (21,338,297) 7,820,864
------------ ------------ -----------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS.................................. 91,730,604 (21,096,706) 22,497,773
------------ ------------ -----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS................................. $104,790,151 $(12,429,249) $27,145,884
============ ============ ===========
</TABLE>
See Notes to Financial Statements.
FSA-6
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF CHANGES IN NET ASSETS
<TABLE>
<CAPTION>
INTERMEDIATE GOVERNMENT
MONEY MARKET DIVISION SECURITIES DIVISION
------------------------------------------ -------------------------------------------
YEAR ENDED DECEMBER 31, YEAR ENDED DECEMBER 31,
------------------------------------------ -------------------------------------------
1995 1994 1993 1995 1994 1993
------------ ------------ ------------ ----------- ------------- -------------
<S> <C> <C> <C> <C> <C> <C>
INCREASE (DECREASE) IN NET ASSETS:
FROM OPERATIONS:
Net investment income............. $ 8,270,845 $ 4,542,504 $ 3,329,276 $ 1,812,562 $ 5,144,309 $ 13,460,502
Net realized gain (loss).......... (432,347) 95,530 (339,754) (810,768) (10,163,976) 15,448,920
Change in unrealized appreciation/
depreciation on investments..... 57,216 47,027 210,618 2,882,385 (1,119,626) (3,583,468)
------------ ------------ ------------ ----------- ------------- -------------
Net increase (decrease)
from operations................. 7,895,714 4,685,061 3,200,140 3,884,179 (6,139,293) 25,325,954
------------ ------------ ------------ ----------- ------------- -------------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3)............. 96,773,056 82,536,703 64,845,505 11,016,347 18,915,140 26,598,113
Benefits and other policy-related
transactions (Note 3)........... (39,770,849) (32,432,771) (31,747,197) (6,286,070) (5,813,181) (7,539,335)
Net transfers among divisions..... 4,776,165 (25,466,044) (50,510,704) 953,149 (125,116,319) (180,916,946)
------------ ------------ ------------ ----------- ------------- -------------
Net increase (decrease) from
policy-related transactions..... 61,778,372 24,637,888 (17,412,396) 5,683,426 (112,014,360) (161,858,168)
------------ ------------ ------------ ----------- ------------- -------------
NET (INCREASE) DECREASE IN AMOUNT
RETAINED BY EQUITABLE VARIABLE IN
SEPARATE ACCOUNT FP (Note 4)...... (36,640) (24,067) 92,890 (72,636) 15,335 (69,330)
------------ ------------ ------------ ----------- ------------- -------------
INCREASE (DECREASE) IN NET ASSETS... 69,637,446 29,298,882 (14,119,366) 9,494,969 (118,138,318) (136,601,544)
NET ASSETS, BEGINNING OF PERIOD..... 137,496,085 108,197,203 122,316,569 27,654,075 145,792,393 282,393,937
------------ ------------ ------------ ----------- ------------- -------------
NET ASSETS, END OF PERIOD........... $207,133,531 $137,496,085 $108,197,203 $37,149,044 $ 27,654,075 $ 145,792,393
============ ============ ============ =========== ============= =============
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
QUALITY BOND DIVISION
-------------------------------------------
OCTOBER 1*
TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
---------------------------- -----------
1995 1994 1993
------------ ------------ -----------
<S> <C> <C> <C>
INCREASE (DECREASE) IN NET ASSETS:
FROM OPERATIONS:
Net investment income............. $ 7,190,658 $ 7,434,544 $ 1,058,532
Net realized gain (loss).......... (632,666) (410,697) 130,867
Change in unrealized appreciation/
depreciation on investments..... 13,415,524 (13,634,579) (1,886,621)
------------ ------------ -----------
Net increase (decrease)
from operations................. 19,973,516 (6,610,732) (697,222)
------------ ------------ -----------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3)............. 2,516,135 850,240 181,283
Benefits and other policy-related
transactions (Note 3)........... (3,189,044) (2,891,278) (441,626)
Net transfers among divisions..... 2,462,969 25,765,197 100,786,909
------------ ------------ -----------
Net increase (decrease) from
policy-related transactions..... 1,790,060 23,724,159 100,526,566
------------ ------------ -----------
NET (INCREASE) DECREASE IN AMOUNT
RETAINED BY EQUITABLE VARIABLE IN
SEPARATE ACCOUNT FP (Note 4)...... (712,602) 255,654 38,047
------------ ------------ -----------
INCREASE (DECREASE) IN NET ASSETS... 21,050,974 17,369,081 99,867,391
NET ASSETS, BEGINNING OF PERIOD..... 117,236,472 99,867,391 --
------------ ------------ -----------
NET ASSETS, END OF PERIOD........... $138,287,446 $117,236,472 $99,867,391
============ ============ ===========
See Notes to Financial Statements.
<FN>
*Commencement of Operations
</FN>
</TABLE>
FSA-7
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF CHANGES IN NET ASSETS (CONTINUED)
<TABLE>
<CAPTION>
HIGH YIELD DIVISION
------------------------------------------
YEAR ENDED DECEMBER 31,
------------------------------------------
1995 1994 1993
----------- ------------ -----------
<S> <C> <C> <C>
INCREASE (DECREASE) IN NET ASSETS:
FROM OPERATIONS:
Net investment income................................... $ 6,147,199 $ 4,273,424 $ 4,202,267
Net realized gain (loss)................................ (179,454) (328,199) 1,138,539
Change in unrealized appreciation/
depreciation on investments........................... 4,697,084 (5,608,102) 3,971,253
----------- ------------ -----------
Net increase (decrease) from operations................. 10,664,829 (1,662,877) 9,312,059
----------- ------------ -----------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3)................................... 15,333,474 14,287,345 10,787,763
Benefits and other policy-related
transactions (Note 3)................................. (8,211,013) (7,162,537) (5,179,424)
Net transfers among divisions........................... 4,789,450 (11,048,174) 1,006,671
----------- ------------ -----------
Net increase (decrease) from policy-related
transactions.......................................... 11,911,911 (3,923,366) 6,615,010
----------- ------------ -----------
NET (INCREASE) DECREASE IN AMOUNT RETAINED BY EQUITABLE
VARIABLE IN SEPARATE ACCOUNT FP (Note 4)................ (100,679) 16,028 (31,889)
----------- ------------ -----------
INCREASE (DECREASE) IN NET ASSETS......................... 22,476,061 (5,570,215) 15,895,180
NET ASSETS, BEGINNING OF PERIOD........................... 49,454,901 55,025,116 39,129,936
----------- ------------ -----------
NET ASSETS, END OF PERIOD................................. $71,930,962 $ 49,454,901 $55,025,116
=========== ============ ===========
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
GROWTH & INCOME DIVISION EQUITY INDEX DIVISION
------------------------------------- --------------------------
OCTOBER 1* APRIL 1*
TO YEAR ENDED TO
YEAR ENDED DECEMBER 31, DECEMBER 31, DECEMBER 31, DECEMBER 31,
------------------------- ----------- ----------- -----------
1995 1994 1993 1995 1994
----------- ---------- ----------- ----------- -----------
<S> <C> <C> <C> <C> <C>
INCREASE (DECREASE) IN NET ASSETS:
FROM OPERATIONS:
Net investment income................................... $ 310,961 $ 89,288 $ 1,561 $ 675,576 $ 443,391
Net realized gain (loss)................................ 2,791 (11,709) (134) 539,950 127,205
Change in unrealized appreciation/
depreciation on investments........................... 2,264,931 (140,681) (904) 12,851,051 (399,286)
----------- ---------- -------- ----------- -----------
Net increase (decrease) from operations................. 2,578,683 (63,102) 523 14,066,577 171,310
----------- ---------- -------- ----------- -----------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3)................................... 6,464,035 2,953,965 182,381 10,308,871 690,540
Benefits and other policy-related
transactions (Note 3)................................. (1,385,132) (481,430) (6,581) (2,111,532) (472,818)
Net transfers among divisions........................... 5,274,221 3,033,230 279,153 18,305,589 30,736,505
----------- ---------- -------- ----------- -----------
Net increase (decrease) from policy-related
transactions.......................................... 10,353,124 5,505,765 454,953 26,502,928 30,954,227
----------- ---------- -------- ----------- -----------
NET (INCREASE) DECREASE IN AMOUNT RETAINED BY EQUITABLE
VARIABLE IN SEPARATE ACCOUNT FP (Note 4)................ (221,877) 6,113 4,131 (71,293) (134)
----------- ---------- -------- ----------- -----------
INCREASE (DECREASE) IN NET ASSETS......................... 12,709,930 5,448,776 459,607 40,498,212 31,125,403
NET ASSETS, BEGINNING OF PERIOD........................... 5,908,383 459,607 -- 31,125,403 --
----------- ---------- -------- ----------- -----------
NET ASSETS, END OF PERIOD................................. $18,618,313 $5,908,383 $459,607 $71,623,615 $31,125,403
=========== ========== ======== =========== ===========
See Notes to Financial Statements.
<FN>
*Commencement of Operations
</FN>
</TABLE>
FSA-8
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF CHANGES IN NET ASSETS (CONTINUED)
<TABLE>
<CAPTION>
COMMON STOCK DIVISION GLOBAL STOCK DIVISION
-------------------------------------------- ------------------------------------------
YEAR ENDED DECEMBER 31, YEAR ENDED DECEMBER 31,
-------------------------------------------- ------------------------------------------
1995 1994 1993 1995 1994 1993
-------------- ------------- ----------- ------------ ------------ ------------
<S> <C> <C> <C> <C> <C> <C>
INCREASE (DECREASE) IN
NET ASSETS:
FROM OPERATIONS:
Net investment income..... $ 8,208,894 $ 7,014,347 $ 6,306,784 $ 3,408,544 $ 1,556,985 $ 593,509
Net realized gain (loss).. 80,631,861 44,228,424 89,954,404 12,264,394 8,168,946 12,976,670
Change in unrealized
appreciation/
depreciation on
investments............. 183,872,928 (73,399,217) 48,702,579 33,395,316 (3,932,597) 4,279,153
-------------- ------------ ------------ ------------ ------------ ------------
Net increase (decrease)
from operations......... 272,713,683 (22,156,446) 144,963,767 49,068,254 5,793,334 17,849,332
-------------- ------------ ------------ ------------ ------------ ------------
FROM POLICY-RELATED
TRANSACTIONS:
Net premiums (Note 3)..... 216,068,996 171,525,812 124,210,476 92,666,618 77,766,997 25,508,452
Benefits and other
policy-related
transactions (Note 3)... (118,456,643) (93,481,219) (77,837,895) (37,507,499) (23,371,745) (8,931,159)
Net transfers among
divisions............... (34,354,864) 19,730,410 (9,498,455) (12,472,104) 47,610,957 59,544,080
-------------- ------------ ------------ ------------ ------------ ------------
Net increase (decrease)
from policy-related
transactions............ 63,257,489 97,775,003 36,874,126 42,687,015 102,006,209 76,121,373
-------------- ------------ ------------ ------------ ------------ ------------
NET (INCREASE) DECREASE IN
AMOUNT RETAINED BY
EQUITABLE VARIABLE IN
SEPARATE ACCOUNT FP
(Note 4).................. (392,099) 44,948 (124,376) (96,720) (17,737) 4,085
-------------- ------------ ------------ ------------ ------------ ------------
INCREASE IN NET ASSETS...... 335,579,073 75,663,505 181,713,517 91,658,549 107,781,806 93,974,790
NET ASSETS, BEGINNING OF
PERIOD.................... 811,006,201 735,342,696 553,629,179 241,838,471 134,056,665 40,081,875
-------------- ------------ ------------ ------------ ------------ ------------
NET ASSETS, END OF
PERIOD.................... $1,146,585,274 $811,006,201 $735,342,696 $333,497,020 $241,838,471 $134,056,665
============== ============ ============ ============ ============ ============
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
INTERNATIONAL
DIVISION AGGRESSIVE STOCK DIVISION
----------- ------------------------------------------
APRIL 3*
TO
DECEMBER 31, YEAR ENDED DECEMBER 31,
----------- ------------------------------------------
1995 1995 1994 1993
----------- ------------ ------------ ------------
<S> <C> <C> <C> <C>
INCREASE (DECREASE) IN
NET ASSETS:
FROM OPERATIONS:
Net investment income..... $ 159,029 $ (1,434,289) $ (1,544,537) $ (990,881)
Net realized gain (loss).. 50,951 73,464,436 (6,075,250) 61,036,469
Change in unrealized
appreciation/
depreciation on
investments............. 667,906 49,509,800 (4,424,670) (18,699,749)
----------- ------------ ------------ ------------
Net increase (decrease)
from operations......... 877,886 121,539,947 (12,044,457) 41,345,839
----------- ------------ ------------ ------------
FROM POLICY-RELATED
TRANSACTIONS:
Net premiums (Note 3)..... 2,028,670 121,962,483 101,932,221 77,930,596
Benefits and other
policy-related
transactions (Note 3)... (339,723) (63,165,185) (48,604,650) (39,462,340)
Net transfers among
divisions............... 9,885,952 19,367,834 4,346,636 (73,890,214)
----------- ------------ ------------ ------------
Net increase (decrease)
from policy-related
transactions............ 11,574,899 78,165,132 57,674,207 (35,421,958)
----------- ------------ ------------ ------------
NET (INCREASE) DECREASE IN
AMOUNT RETAINED BY
EQUITABLE VARIABLE IN
SEPARATE ACCOUNT FP
(Note 4).................. (20,847) (188,813) 35,791 (2,220)
----------- ------------ ------------ ------------
INCREASE IN NET ASSETS...... 12,431,938 199,516,266 45,665,541 5,921,661
NET ASSETS, BEGINNING OF
PERIOD.................... 0 355,671,865 310,006,324 304,084,663
----------- ------------ ------------ ------------
NET ASSETS, END OF
PERIOD.................... $12,431,938 $555,188,131 $355,671,865 $310,006,324
=========== ============ ============ ============
See Notes to Financial Statements.
<FN>
*Commencement of Operations
</FN>
</TABLE>
FSA-9
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
STATEMENTS OF CHANGES IN NET ASSETS (CONCLUDED)
<TABLE>
<CAPTION>
ASSET ALLOCATION SERIES
-----------------------------------------------------------------------------------------
CONSERVATIVE INVESTORS DIVISION BALANCED DIVISION
------------------------------------------- ------------------------------------------
YEAR ENDED DECEMBER 31, YEAR ENDED DECEMBER 31,
------------------------------------------- ------------------------------------------
1995 1994 1993 1995 1994 1993
------------- ------------ ------------ ------------ ------------ ------------
<S> <C> <C> <C> <C> <C> <C>
INCREASE (DECREASE) IN NET ASSETS:
FROM OPERATIONS:
Net investment income.............. $ 7,247,815 $ 5,455,410 $ 3,537,367 $ 10,038,346 $ 8,453,977 $ 8,015,051
Net realized gain (loss)........... 689,721 (421,502) 4,743,456 8,427,606 858,164 21,727,736
Change in unrealized appreciation/
depreciation on investments...... 19,129,817 (10,682,734) (308,575) 45,976,062 (40,839,536) 7,887,761
------------ ------------ ------------ ------------ ------------ ------------
Net increase (decrease)
from operations.................. 27,067,353 (5,648,826) 7,972,248 64,442,014 (31,527,395) 37,630,548
------------ ------------ ------------ ------------ ------------ ------------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3).............. 41,419,959 48,492,315 43,782,002 63,451,955 70,116,900 67,351,402
Benefits and other policy-related
transactions (Note 3)............ (22,866,003) (21,612,430) (17,644,077) (48,742,571) (45,655,363) (44,497,967)
Net transfers among divisions...... (3,379,296) (2,076,793) 6,165,330 (18,908,540) (19,954,097) (6,834,099)
------------ ------------ ------------ ------------ ------------ ------------
Net increase (decrease) from
policy-related transactions...... 15,174,660 24,803,092 32,303,255 (4,199,156) 4,507,440 16,019,336
------------ ------------ ------------ ------------ ------------ ------------
NET (INCREASE) DECREASE IN AMOUNT
RETAINED BY EQUITABLE VARIABLE
IN SEPARATE ACCOUNT FP (Note 4).... (95,412) 22,600 18,535 (93,214) 47,322 256,506
------------ ------------ ------------ ------------ ------------ ------------
INCREASE (DECREASE) IN NET ASSETS.... 42,146,601 19,176,866 40,294,038 60,149,644 (26,972,633) 53,906,390
NET ASSETS, BEGINNING OF PERIOD...... 129,940,498 110,763,632 70,469,594 338,415,565 365,388,198 311,481,808
------------ ------------ ------------ ------------ ------------ ------------
NET ASSETS, END OF PERIOD............ $172,087,099 $129,940,498 $110,763,632 $398,565,209 $338,415,565 $365,388,198
============ ============ ============ ============ ============ ============
</TABLE>
See Notes to Financial Statements.
<TABLE>
<CAPTION>
ASSET ALLOCATION SERIES
--------------------------------------------
GROWTH INVESTORS DIVISION
--------------------------------------------
YEAR ENDED DECEMBER 31,
--------------------------------------------
1995 1994 1993
------------ ------------ ------------
<S> <C> <C> <C>
INCREASE (DECREASE) IN NET ASSETS:
FROM OPERATIONS:
Net investment income.............. $ 13,059,547 $ 8,667,457 $ 4,648,111
Net realized gain (loss)........... 9,174,038 241,591 14,676,909
Change in unrealized appreciation/
depreciation on investments...... 82,556,566 (21,338,297) 7,820,864
------------ ------------ ------------
Net increase (decrease)
from operations.................. 104,790,151 (12,429,249) 27,145,884
------------ ------------ ------------
FROM POLICY-RELATED TRANSACTIONS:
Net premiums (Note 3).............. 155,616,059 139,140,391 105,136,825
Benefits and other policy-related
transactions (Note 3)............ (68,357,709) (54,863,821) (36,431,873)
Net transfers among divisions...... (3,269,896) 20,294,785 30,908,183
------------ ------------ ------------
Net increase (decrease) from
policy-related transactions...... 83,988,454 104,571,355 99,613,135
------------ ------------ ------------
NET (INCREASE) DECREASE IN AMOUNT
RETAINED BY EQUITABLE VARIABLE
IN SEPARATE ACCOUNT FP (Note 4).... (120,493) 15,372 (27,455)
------------ ------------ ------------
INCREASE (DECREASE) IN NET ASSETS.... 188,658,112 92,157,478 126,731,564
NET ASSETS, BEGINNING OF PERIOD...... 367,219,554 275,062,076 148,330,512
------------ ------------ ------------
NET ASSETS, END OF PERIOD............ $555,877,666 $367,219,554 $275,062,076
============ ============ ============
</TABLE>
See Notes to Financial Statements.
FSA-10
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 1995
1. General
Equitable Variable Life Insurance Company (Equitable Variable Life), a
wholly-owned subsidiary of The Equitable Life Assurance Society of the
United States (Equitable Life), established Separate Account FP (the
Account) as a unit investment trust registered with the Securities and
Exchange Commission under the Investment Company Act of 1940. The Account
consists of thirteen investment divisions: the Money Market Division, the
Intermediate Government Securities Division, the High Yield Division, the
Balanced Division, the Common Stock Division, the Global Division, the
Aggressive Stock Division, the Conservative Investors Division, the Growth
Investors Division, the Growth & Income Division, the Quality Bond Division,
the Equity Index Division and the International Division. The assets in each
Division are invested in shares of a designated portfolio (Portfolio) of a
mutual fund, The Hudson River Trust (the Trust). Each Portfolio has separate
investment objectives.
The Account supports the operations of Incentive Life,(TM) flexible premium
variable life insurance policies, Incentive Life 2000,(TM) flexible premium
variable life insurance policies, Champion 2000,(TM) modified premium
variable whole life insurance policies, Survivorship 2000,(TM) flexible
premium joint survivorship variable life insurance policies, Incentive Life
Plus,(TM) flexible premium variable life insurance policies and SP-Flex,(TM)
variable life insurance policies with additional premium option,
collectively, the Policies, and the Incentive Life 2000, Champion 2000 and
Survivorship 2000 policies are referred to as the Series 2000 Policies.
Incentive Life policies offered with the prospectus dated September 15,
1995, are referred to as Incentive Life Plus Second Series. Incentive Life
Plus policies issued with a prior prospectus are referred to as Incentive
Life Plus Original Series. All Policies are issued by Equitable Variable.
The assets of the Account are the property of Equitable Variable. However,
the portion of the Account's assets attributable to the Policies will not be
chargeable with liabilities arising out of any other business Equitable
Variable may conduct.
Policyowners may allocate amounts in their individual accounts to the
Divisions of the Account and/or (except for SP-Flex policies) to the
guaranteed interest division of Equitable Variable Life's General Account.
Net transfers to the guaranteed interest division of the General Account and
other Separate Accounts of $6,569,372, $35,120,632 and $125,668,098 for the
years ended 1995, 1994 and 1993, respectively, are included in Net Transfers
Among Divisions. The net assets of any Division of the Account may not be
less than the aggregate of the policyowners' accounts allocated to that
Division. Additional assets are set aside in Equitable Variable Life's
General Account to provide for (1) the unearned portion of the monthly
charges for mortality costs, and (2) other policy benefits, as required
under the state insurance law.
2. Significant Accounting Policies
The accompanying financial statements are prepared in conformity with
generally accepted accounting principles (GAAP). The preparation of
financial statements in conformity with GAAP requires management to make
estimates and assumptions that affect the reported amounts of assets and
liabilities and disclosure of contingent assets and liabilities at the date
of the financial statements and the reported amounts of revenues and
expenses during the reporting period. Actual results could differ from those
estimates.
Investments are made in shares of the Trust and are valued at the net asset
values per share of the respective Portfolios. The net asset value is
determined by the Trust using the market or fair value of the underlying
assets of the Portfolio.
Investment transactions are recorded on the trade date. Realized gains and
losses include gains and losses on redemptions of the Trust's shares
(determined on the identified cost basis) and Trust distributions
representing the net realized gains on Trust investment transactions.
The operations of the Account are included in the consolidated Federal
income tax return of Equitable Life. Under the provisions of the Policies,
Equitable Variable Life has the right to charge the Account for Federal
income tax attributable to the Account. No charge is currently being made
against the Account for such tax since, under current tax law, Equitable
Variable Life pays no tax on investment income and capital gains reflected
in variable life insurance policy reserves. However, Equitable Variable Life
retains the right to charge for any Federal income tax incurred which is
attributable to the Account if the law is changed. Charges for state and
local taxes, if any, attributable to the Account also may be made.
Dividends are recorded as income at the end of each quarter on the
ex-dividend date. Capital gains are distributed by the Trust at the end of
each year.
3. Asset Charges
Under the Policies, Equitable Variable Life assumes mortality and expense
risks and, to cover these risks, deducts charges from the assets of the
Account currently at annual rates of 0.60% of the net assets attributable to
Incentive Life, Incentive Life 2000, Incentive Life Plus Second Series and
Champion 2000 policyowners, 0.90% of net assets attributable to Survivorship
2000 policyowners, and 0.85% for SP-Flex policyowners. Incentive Life Plus
Original Series deducts this charge from the Policy Account. Under SP-Flex,
Equitable Variable Life also deducts charges from the assets of the Account
for mortality and administrative costs of 0.60% and 0.35%, respectively, of
net assets attributable to SP-Flex policies.
FSA-11
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
DECEMBER 31, 1995
Under Incentive Life, Incentive Life Plus and the Series 2000 Policies,
mortality and administrative costs are charged in a different manner than
SP-Flex policies (see Notes 4 and 5).
Before amounts are allocated to the Account for Incentive Life, Incentive
Life Plus and the Series 2000 Policies, Equitable Variable Life deducts a
charge for taxes and either an initial policy fee (Incentive Life) or a
premium sales charge (Incentive Life Plus and Series 2000 Policies) from
premiums. Under SP-Flex, the entire initial premium is allocated to the
Account. Before any additional premiums under SP-Flex are allocated to the
Account, an administrative charge is deducted.
The amounts attributable to Incentive Life, Incentive Life Plus and the
Series 2000 policyowners' accounts are charged monthly by Equitable Variable
Life for mortality and administrative costs. These charges are withdrawn
from the Account along with amounts for additional benefits. Under the
Policies, amounts for certain policy-related transactions (such as policy
loans and surrenders) are transferred out of the Separate Account.
4. Amounts Retained by Equitable Variable Life in Separate Account FP
The amount retained by Equitable Variable Life in the Account arises
principally from (1) contributions from Equitable Variable Life, and (2)
that portion, determined ratably, of the Account's investment results
applicable to those assets in the Account in excess of the net assets for
the Policies. Amounts retained by Equitable Variable Life are not subject to
charges for mortality and expense risks or mortality and administrative
costs.
Amounts retained by Equitable Variable Life in the Account may be
transferred at any time by Equitable Variable Life to its General Account.
The following table shows the surplus contributions (withdrawals) by
Equitable Variable Life by investment division:
<TABLE>
<CAPTION>
INVESTMENT DIVISION 1995 1994 1993
------------------- ----------- ----------- ----------
<S> <C> <C> <C>
Common Stock $ (630,000) -- --
Money Market (250,000) -- $1,145,000
Balanced -- -- --
Aggressive Stock (350,000) -- --
High Yield (100,000) -- 330,000
Global (130,000) -- (6,895,000)
Conservative Investors -- -- 575,000
Growth Investors -- -- 130,000
Short-Term World Income -- $(5,165,329) --
Intermediate Government Securities (165,000) -- --
Growth & Income (685,000) -- 1,000,000
Quality Bond (4,800,000) -- 5,000,000
Equity Index -- 200,000 --
International 200,000 -- --
----------- ----------- ----------
$(6,910,000) $(4,965,329) $1,285,000
=========== =========== ==========
</TABLE>
5. Distribution and Servicing Agreements
Equitable Variable Life has entered into a Distribution and Servicing
Agreement with Equitable Life and Equico Securities Inc. (Equico), whereby
registered representatives of Equico, authorized as variable life insurance
agents under applicable state insurance laws, sell the Policies. The
registered representatives are compensated on a commission basis by
Equitable Life.
Equitable Variable Life also has entered into an agreement with Equitable
Life under which Equitable Life performs the administrative services related
to the Policies, including underwriting and issuance, billings and
collections, and policyowner services. There is no charge to the Account
related to this agreement.
6. Share Substitution
On February 22, 1994, Equitable Variable Life, the Account and the Trust
substituted shares of the Trust's Intermediate Government Securities
Portfolio for shares of the Trust's Short-Term World Income Portfolio. The
amount transferred to Intermediate Government Securities Portfolio was
$2,192,109. The statements of operations and statements of changes in net
assets for the Intermediate Government Securities Portfolio is combined with
the Short-Term World Income Portfolio for periods prior to the merger on
February 22, 1994. The Short-Term World Income Division is not available for
future investment.
FSA-12
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
DECEMBER 31, 1995
7. Investment Returns
The Separate Account rates of return attributable to Incentive Life,
Incentive Life 2000, Incentive Life Plus Second Series and Champion 2000
policyowners are different than those attributable to Survivorship 2000,
Incentive Life Plus Original Series and to SP-Flex policyowners because
asset charges are deducted at different rates under each policy (see Note
3).
The tables on this page and the following pages show the gross and net
investment returns with respect to the Divisions for the periods shown. The
net return for each Division is based upon net assets for a policy whose
policy commences with the beginning date of such period and is not based on
the average net assets in the Division during such period. Gross return is
equal to the total return earned by the underlying Trust investment.
RATES OF RETURN:
INCENTIVE LIFE,
- --------------
INCENTIVE LIFE 2000,
- --------------------
INCENTIVE LIFE PLUS SECOND SERIES
- ---------------------------------
AND CHAMPION 2000*
- -----------------
<TABLE>
<CAPTION>
JANUARY 26(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
----------------------------------------------------------------------------------------------------
MONEY MARKET DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986
- --------------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 5.74 % 4.02 % 3.00 % 3.56 % 6.18 % 8.24 % 9.18 % 7.32 % 6.63 % 6.05 %
Net return................ 5.11 % 3.39 % 2.35 % 2.94 % 5.55 % 7.59 % 8.53 % 6.68 % 5.99 % 5.47 %
</TABLE>
APRIL 1(A) TO
INTERMEDIATE YEAR ENDED DECEMBER 31, DECEMBER 31,
GOVERNMENT -----------------------------------------------
SECURITIES DIVISION 1995 1994 1993 1992 1991
- ------------------- ---- ---- ---- ---- ----
Gross return.............. 13.33 % (4.37)% 10.58 % 5.60 % 12.26 %
Net return................ 12.65 % (4.95)% 9.88 % 4.96 % 11.60 %
YEAR ENDED OCTOBER 1(A)
DECEMBER 31, DECEMBER 31,
----------------------------------
QUALITY BOND DIVISION 1995 1994 1993
- --------------------- ---- ---- ----
Gross return.............. 17.02 % (5.10)% (0.51)%
Net return................ 16.32 % (5.67)% (0.66)%
<TABLE>
<CAPTION>
JANUARY 26(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
----------------------------------------------------------------------------------------------------
HIGH YIELD DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986
- ------------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 19.92 % (2.79)% 23.15 % 12.31 % 24.46 % (1.12)% 5.13 % 9.73 % 4.68 % --
Net return................ 19.20 % (3.37)% 22.41 % 11.64 % 23.72 % (1.71)% 4.50 % 9.08 % 4.05 % --
</TABLE>
YEAR ENDED OCTOBER 1(A) TO
DECEMBER 31, DECEMBER 31,
----------------------------------
GROWTH & INCOME DIVISION 1995 1994 1993
- ------------------------- ---- ---- ----
Gross return.............. 24.07 % (0.58)% (0.25)%
Net return................ 23.33 % (1.17)% (0.41)%
YEAR ENDED MARCH 31(A) TO
DECEMBER 31, DECEMBER 31,
-----------------------------------
EQUITY INDEX DIVISION 1995 1994
- --------------------- ---- ----
Gross return.............. 36.48 % 1.08 %
Net return................ 35.66 % 0.58 %
- -------------------------------
* Sales of Incentive Life 2000 and Champion 2000 commenced on March 2, 1992.
Sales of Incentive Life Plus Second Series commenced on September 15, 1995.
(a) Date as of which net premiums under the policies were first allocated to the
Division. The gross return and the net return for the periods indicated are
not annual rates of return.
FSA-13
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
DECEMBER 31, 1995
<TABLE>
<CAPTION>
JANUARY 26(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
----------------------------------------------------------------------------------------------------
COMMON STOCK DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986
- --------------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 32.45 % (2.14)% 24.84 % 3.22 % 37.88 % (8.12)% 25.59 % 22.43 % 7.49 % 15.65 %
Net return................ 31.66 % (2.73)% 24.08 % 2.60 % 37.06 % (8.67)% 24.84 % 21.70 % 6.84 % 15.01 %
</TABLE>
<TABLE>
<CAPTION>
AUGUST 31(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
-------------------------------------------------------------------------------------------
GLOBAL DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987
- --------------- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 18.81 % 5.23 % 32.09 % (0.50)% 30.55 % (6.07)% 26.93 % 10.88 % (13.27)%
Net return................ 18.11 % 4.60 % 31.33 % (1.10)% 29.77 % (6.63)% 26.17 % 10.22 % (13.45)%
</TABLE>
APRIL 3(A)
TO
DECEMBER 31,
INTERNATIONAL DIVISION 1995
- ---------------------- ----------
Gross return.............. 11.29 %
Net return................ 10.79 %
<TABLE>
<CAPTION>
JANUARY 26(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
----------------------------------------------------------------------------------------------------
AGGRESSIVE STOCK DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986
- -------------------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 31.63 % (3.81)% 16.77 % (3.16)% 86.86 % 8.17 % 43.50 % 1.17 % 7.31 % 35.88 %
Net return................ 30.85 % (4.39)% 16.05 % (3.74)% 85.75 % 7.51 % 42.64 % 0.53 % 6.66 % 35.13 %
</TABLE>
<TABLE>
<CAPTION>
JANUARY 26(A) TO
ASSET ALLOCATION SERIES YEAR ENDED DECEMBER 31, DECEMBER 31,
------------------------------------------------------------------------------------------------------
BALANCED DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986
- ----------------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 19.75 % (8.02)% 12.28 % (2.84)% 41.26 % 0.24 % 25.83 % 13.27 % (0.85)% 29.07 %
Net return................ 19.03 % (8.57)% 11.64 % (3.42)% 40.42 % (0.36)% 25.08 % 12.59 % (1.45)% 28.34 %
</TABLE>
<TABLE>
<CAPTION>
OCTOBER 2(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
CONSERVATIVE --------------------------------------------------------------------------------
INVESTORS DIVISION 1995 1994 1993 1992 1991 1990 1989
- ------------------ ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 20.40 % (4.10)% 10.76 % 5.72 % 19.87 % 6.37 % 3.09 %
Net return................ 19.68 % (4.67)% 10.15 % 5.09 % 19.16 % 5.73 % 2.94 %
</TABLE>
<TABLE>
<CAPTION>
GROWTH INVESTORS DIVISION 1995 1994 1993 1992 1991 1990 1989
- ------------------------- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 26.37 % (3.15)% 15.26 % 4.90 % 48.89 % 10.66 % 3.98 %
Net return................ 25.62 % (3.73)% 14.58 % 4.27 % 48.01 % 10.00 % 3.82 %
<FN>
- ----------------------------
* Sales of Incentive Life 2000 and Champion 2000 commenced on March 2, 1992.
(a) Date as of which net premiums under the policies were first allocated to the
Division. The gross return and the net return for the periods indicated are
not annual rates of return.
</FN>
</TABLE>
RATES OF RETURN:
SURVIVORSHIP 2000
- -----------------
AUGUST 17(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
---------------------------------------------------
MONEY MARKET DIVISION 1995 1994 1993 1992
- --------------------- ---- ---- ---- ----
Gross return.............. 5.74 % 4.02 % 3.00 % 1.11 %
Net return................ 4.80 % 3.08 % 2.04 % 0.77 %
INTERMEDIATE GOVERNMENT
SECURITIES DIVISION 1995 1994 1993 1992
- ------------------- ---- ---- ---- ----
Gross return.............. 13.33 % (4.37)% 10.58 % 0.90 %
Net return................ 12.31 % (5.23)% 9.55 % 0.56 %
- ----------
(a) Date as of which net premiums under the policies were first allocated to the
Division. The gross return and the net return for the periods indicated are
not annual rates of return.
FSA-14
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
DECEMBER 31, 1995
OCTOBER 1(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
------------------------------------------------
QUALITY BOND DIVISION 1995 1994 1993
- --------------------- ---- ---- ----
Gross return.............. 17.02 % (5.10)% (0.51)%
Net return................ 15.97 % (5.95)% (0.73)%
AUGUST 17(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
---------------------------------------------------
HIGH YIELD DIVISION 1995 1994 1993 1992
- ------------------- ---- ---- ---- ----
Gross return.............. 19.92 % (2.79)% 23.15 % 1.84 %
Net return................ 18.84 % (3.66)% 22.04 % 1.50 %
OCTOBER 1(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
--------------------------------------------------
GROWTH & INCOME DIVISION 1995 1994 1993
- ------------------------ ---- ---- ----
Gross return.............. 24.07 % (0.58)% (0.25)%
Net return................ 22.96 % (1.47)% (0.48)%
YEAR ENDED MARCH 1(A) TO
DECEMBER 31, DECEMBER 31,
------------------------------
EQUITY INDEX DIVISION 1995 1994
- --------------------- ---- ----
Gross return.............. 36.48 % 1.08 %
Net return................ 35.26 % 0.33 %
AUGUST 17(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
---------------------------------------------------
COMMON STOCK DIVISION 1995 1994 1993 1992
- --------------------- ---- ---- ---- ----
Gross return.............. 32.45 % (2.14)% 24.84 % 5.28 %
Net return................ 31.26 % (3.02)% 23.70 % 4.93 %
GLOBAL DIVISION
- ---------------
Gross return.............. 18.81 % 5.23 % 32.09 % 4.87 %
Net return................ 17.75 % 4.29 % 30.93 % 4.52 %
APRIL 3(A) TO
DECEMBER 31,
----------------
INTERNATIONAL DIVISION 1995
- ---------------------- ----
Gross return.............. 11.29 %
Net return................ 10.55 %
AUGUST 17(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
---------------------------------------------------
AGGRESSIVE STOCK DIVISION 1995 1994 1993 1992
- ------------------------- ---- ---- ---- ----
Gross return.............. 31.63 % (3.81)% 16.77 % 11.49 %
Net return................ 30.46 % (4.68)% 15.70 % 11.11 %
ASSET ALLOCATION SERIES
AUGUST 17(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
CONSERVATIVE INVESTORS --------------------------------------------------
DIVISION 1995 1994 1993 1992
- -------- ---- ---- ---- ----
Gross return.............. 20.40 % (4.10)% 10.76 % 1.38 %
Net return................ 19.32 % (4.96)% 9.81 % 1.04 %
BALANCED DIVISION 1995 1994 1993 1992
- ----------------- ---- ---- ---- ----
Gross return.............. 19.75 % (8.02)% 12.28 % 5.37 %
Net return................ 18.68 % (8.84)% 11.30 % 5.02 %
GROWTH INVESTORS DIVISION 1995 1994 1993 1992
- ------------------------- ---- ---- ---- ----
Gross return.............. 26.37 % (3.15)% 15.26 % 6.89 %
Net return................ 25.24 % (4.02)% 14.24 % 6.53 %
- ----------
(a) Date as of which net premiums under the policies were first allocated to the
Division. The gross return and the net return for the periods indicated are
not annual rates of return.
FSA-15
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
DECEMBER 31,1995
RATES OF RETURN:
INCENTIVE LIFE PLUS ORIGINAL SERIES(B)*
- ---------------------------------------
YEAR ENDED DECEMBER 31,
-------------------------
1995
----
Money Market Division........ 5.69%
Intermediate Government
Securities Division.......... 13.31%
Quality Bond Division........ 17.13%
High Yield Division.......... 19.95%
Growth & Income Division..... 24.38%
Equity Index Division........ 36.53%
Common Stock Division........ 33.07%
Global Division.............. 19.38%
APRIL 30 TO DECEMBER 31,
------------------------
1995
----
International Division....... 11.29%
YEAR ENDED DECEMBER 31,
------------------------
1995
----
Aggressive Stock Division.... 33.00%
ASSET ALLOCATION SERIES
YEAR ENDED DECEMBER 31,
------------------------
1995
----
Conservative Investors Division... 20.59%
Balanced Division................ 20.32%
Growth Investors Division......... 26.92%
- --------------------
*Sales of Incentive Life Plus Original Series commenced on January 6, 1995.
(b) There are no Separate Account asset charges for this policy and therefore
the gross and net rates of return are the same. The rate of return for the
period indicated is not an annual rate of return.
FSA-16
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
DECEMBER 31,1995
RATES OF RETURN:
SP-FLEX
- -------
<TABLE>
<CAPTION>
AUGUST 31(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
-------------------------------------------------------------------------------------------
MONEY MARKET DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987
- --------------------- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 5.74 % 4.02 % 3.00 % 3.56 % 6.17 % 8.24 % 9.18 % 7.32 % 2.15 %
Net return................ 3.86 % 2.17 % 1.13 % 1.71 % 4.29 % 6.30 % 7.24 % 5.41 % 1.62 %
</TABLE>
APRIL 1(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
INTERMEDIATE GOVERNMENT --------------------------------------------------
SECURITIES DIVISION 1995 1994 1993 1992 1991
- ------------------- ---- ---- ---- ---- ----
Gross return.............. 13.33 % (4.37) % 10.58 % 5.60 % 12.10 %
Net return................ 11.31 % (6.08) % 8.57 % 3.71 % 10.59 %
YEAR ENDED SEPTEMBER 1(A) TO
DECEMBER 31, DECEMBER 31,
-------------------------------
QUALITY BOND DIVISION 1995 1994
- --------------------- ---- ----
Gross return.............. 17.02 % (2.20)%
Net return................ 14.94 % (2.35)%
<TABLE>
<CAPTION>
AUGUST 31(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
-------------------------------------------------------------------------------------------
HIGH YIELD DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987
- ------------------- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 19.92 % (2.79)% 23.15 % 12.31 % 24.46 % (1.12)% 5.13 % 9.73 % 1.95 %
Net return................ 17.79 % (4.52)% 20.96 % 10.30 % 22.25 % (2.89)% 3.26 % 7.78 % 1.39 %
</TABLE>
YEAR ENDED SEPTEMBER 1(A) TO
DECEMBER 31, DECEMBER 31,
---------------------------------
GROWTH & INCOME DIVISION 1995 1994
- ------------------------ ---- ----
Gross return.............. 24.07 % (3.40)%
Net return................ 21.87 % (3.55)%
EQUITY INDEX DIVISION 1995 1994
- --------------------- ---- ----
Gross return.............. 36.48 % (2.54)%
Net return................ 34.06 % (2.69)%
<TABLE>
<CAPTION>
AUGUST 31(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
--------------------------------------------------------------------------------------------
COMMON STOCK DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987
- --------------------- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 32.45 % 2.14 % 24.84 % 3.23 % 37.87 % (8.12)% 25.59 % 22.43 % (22.57)%
Net return................ 30.10 % (3.88)% 22.60 % 1.38 % 35.43 % (9.76)% 23.36 % 20.26 % (23.00)%
GLOBAL DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987
- --------------- ---- ---- ---- ---- ---- ---- ---- ---- ----
Gross return.............. 18.81 % 5.23 % 32.09 % (0.50)% 30.55 % (6.07)% 26.93 % 10.88 % (11.40)%
Net return................ 16.70 % 3.36 % 29.77 % (2.28)% 28.23 % (7.75)% 24.67 % 8.90 % (11.86)%
</TABLE>
APRIL 3(A) TO
DECEMBER 31,
-------------
INTERNATIONAL DIVISION 1995
- ---------------------- ----
Gross return.............. 11.29 %
Net return................ 9.82 %
<TABLE>
<CAPTION>
AUGUST 31(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
--------------------------------------------------------------------------------------------
AGGRESSIVE STOCK DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987
- ------------------------- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.............. 31.63 % 3.81 % 16.77 % (3.16)% 86.86 % 8.17 % 43.50 % 1.17 % (24.28)%
Net return................ 29.30 % (5.53)% 14.67 % (4.89)% 83.54 % 6.23 % 40.95 % (0.66)% (24.68)%
<FN>
- ------------------------------
(a) Date as of which net premiums under the policies were first allocated to the
Division. The gross return and the net return for the periods indicated are
not annual rates of return.
</FN>
</TABLE>
FSA-17
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT FP
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
DECEMBER 31, 1995
ASSET ALLOCATION SERIES
YEAR ENDED SEPTEMBER 1(A) TO
DECEMBER 31, DECEMBER 31,
CONSERVATIVE INVESTORS ---------------------------------------
DIVISION 1995 1994
- -------- ---- ----
Gross return.......... 20.40 % (1.83)%
Net return............ 18.26 % (1.98)%
<TABLE>
<CAPTION>
AUGUST 31(A) TO
YEAR ENDED DECEMBER 31, DECEMBER 31,
-------------------------------------------------------------------------------------------------
BALANCED DIVISION 1995 1994 1993 1992 1991 1990 1989 1988 1987
- ----------------- ---- ---- ---- ---- ---- ---- ---- ---- ----
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Gross return.......... 19.75 % (8.02)% 12.28 % (2.83)% 41.27 % 0.24 % 25.83 % 13.27 % (20.26)%
Net return............ 17.62 % (9.66)% 10.31 % (4.57)% 38.75 % (1.56)% 23.59 % 11.25 % (20.71)%
</TABLE>
YEAR ENDED SEPTEMBER 1(A) TO
DECEMBER 31, DECEMBER 31,
GROWTH INVESTORS ------------------------------------
DIVISION 1995 1994
- -------- ---- ----
Gross return........... 26.37 % (3.16)%
Net return............. 24.12 % (3.31)%
- -------------------------
(a) Date as of which net premiums under the policies were first allocated to
the Division. The gross return and the net return for the periods indicated
are not annual rates of return.
FSA-18
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
CONSOLIDATED BALANCE SHEETS
DECEMBER 31, 1995 AND 1994
<TABLE>
<CAPTION>
1995 1994
----------------- ----------------
ASSETS (IN MILLIONS)
<S> <C> <C>
Investments:
Fixed maturities:
Available for sale, at estimated fair value........................................ $ 4,366.3 $ 2,138.8
Held to maturity, at amortized cost................................................ -- 2,008.5
Policy loans......................................................................... 1,300.1 1,185.2
Mortgage loans on real estate........................................................ 771.5 888.5
Equity real estate................................................................... 525.4 641.0
Other equity investments............................................................. 200.5 239.1
Other invested assets................................................................ 120.9 107.8
----------------- ----------------
Total investments.................................................................. 7,284.7 7,208.9
Cash and cash equivalents............................................................... 277.6 182.3
Deferred policy acquisition costs....................................................... 2,037.8 2,077.1
Other assets............................................................................ 250.6 240.7
Separate Accounts assets................................................................ 4,611.6 3,345.3
----------------- ----------------
TOTAL ASSETS............................................................................ $ 14,462.3 $ 13,054.3
================= ================
LIABILITIES
Policyholders' account balances......................................................... $ 7,045.9 $ 7,340.0
Future policy benefits and other policyholders' liabilities............................. 570.8 509.4
Other liabilities....................................................................... 521.4 441.1
Separate Accounts liabilities........................................................... 4,586.5 3,314.9
----------------- ----------------
Total liabilities.................................................................. 12,724.6 11,605.4
----------------- ----------------
Commitments and contingencies (Notes 7, 9, 10 and 11)
SHAREHOLDER'S EQUITY
Common stock, par value $1 per share;
5.0 million shares authorized, 1.5 million shares issued and outstanding............. 1.5 1.5
Capital in excess of par value.......................................................... 1,480.7 1,355.7
Retained earnings....................................................................... 221.6 165.5
Net unrealized investment gains (losses)................................................ 44.6 (72.6)
Minimum pension liability............................................................... (10.7) (1.2)
----------------- ----------------
Total shareholder's equity......................................................... 1,737.7 1,448.9
----------------- ----------------
TOTAL LIABILITIES AND SHAREHOLDER'S EQUITY.............................................. $ 14,462.3 $ 13,054.3
================= ================
<FN>
See Notes to Consolidated Financial Statements.
</FN>
</TABLE>
F-1
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
CONSOLIDATED STATEMENTS OF EARNINGS
YEARS ENDED DECEMBER 31, 1995, 1994 AND 1993
<TABLE>
<CAPTION>
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
REVENUES
<S> <C> <C> <C>
Universal life and investment-type product policy fee income...... $ 584.5 $ 552.6 $ 485.2
Premiums.......................................................... 33.7 40.1 46.9
Net investment income............................................. 529.1 526.8 557.6
Investment (losses) gains, net.................................... (.5) (4.6) 1.5
Other income...................................................... 2.1 2.9 3.0
----------------- ---------------- -----------------
Total revenues.................................................. 1,148.9 1,117.8 1,094.2
----------------- ---------------- -----------------
BENEFITS AND OTHER DEDUCTIONS
Interest credited to policyholders' account balances.............. 376.1 389.3 439.2
Policyholders' benefits........................................... 267.5 242.3 251.0
Other operating costs and expenses................................ 419.5 413.8 356.7
----------------- ---------------- -----------------
Total benefits and other deductions............................. 1,063.1 1,045.4 1,046.9
----------------- ---------------- -----------------
Earnings before Federal income taxes and cumulative
effect of accounting change....................................... 85.8 72.4 47.3
Federal income tax expense........................................... 29.7 25.0 20.5
----------------- ---------------- -----------------
Earnings before cumulative effect of accounting change............... 56.1 47.4 26.8
Cumulative effect of accounting change, net of Federal income taxes. -- (11.4) --
----------------- ---------------- -----------------
Net Earnings......................................................... $ 56.1 $ 36.0 $ 26.8
================= ================ =================
<FN>
See Notes to Consolidated Financial Statements.
</FN>
</TABLE>
F-2
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
CONSOLIDATED STATEMENTS OF SHAREHOLDER'S EQUITY
YEARS ENDED DECEMBER 31, 1995, 1994 AND 1993
<TABLE>
<CAPTION>
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
COMMON STOCK AT PAR VALUE, beginning and end of year................. $ 1.5 $ 1.5 $ 1.5
----------------- ---------------- -----------------
CAPITAL IN EXCESS OF PAR VALUE, beginning of year.................... 1,355.7 1,305.7 1,055.7
Additional capital in excess of par value............................ 125.0 50.0 250.0
----------------- ---------------- -----------------
Capital in excess of par value, end of year.......................... 1,480.7 1,355.7 1,305.7
----------------- ---------------- -----------------
RETAINED EARNINGS, beginning of year................................. 165.5 129.5 102.7
Net earnings......................................................... 56.1 36.0 26.8
----------------- ---------------- -----------------
Retained earnings, end of year....................................... 221.6 165.5 129.5
----------------- ---------------- -----------------
NET UNREALIZED INVESTMENT (LOSSES) GAINS, beginning of year.......... (72.6) 22.3 11.1
Change in unrealized investment gains (losses)....................... 117.2 (94.9) 11.2
----------------- ---------------- -----------------
Net unrealized investment gains (losses), end of year................ 44.6 (72.6) 22.3
----------------- ---------------- -----------------
MINIMUM PENSION LIABILITY, beginning of year......................... (1.2) (6.3) --
Change in minimum pension liability.................................. (9.5) 5.1 (6.3)
----------------- ---------------- -----------------
Minimum pension liability, end of year............................... (10.7) (1.2) (6.3)
----------------- ---------------- -----------------
TOTAL SHAREHOLDER'S EQUITY, END OF YEAR.............................. $ 1,737.7 $ 1,448.9 $ 1,452.7
================= ================ =================
<FN>
See Notes to Consolidated Financial Statements.
</FN>
</TABLE>
F-3
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
CONSOLIDATED STATEMENTS OF CASH FLOWS
YEARS ENDED DECEMBER 31, 1995, 1994 AND 1993
<TABLE>
<CAPTION>
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
NET EARNINGS......................................................... $ 56.1 $ 36.0 $ 26.8
ADJUSTMENTS TO RECONCILE NET EARNINGS TO NET CASH (USED) PROVIDED
BY OPERATING ACTIVITIES:
Interest credited to policyholders' account balances.............. 376.1 389.3 439.2
General Account policy charges.................................... (618.7) (572.8) (496.7)
Investment losses (gains), net.................................... .5 4.6 (1.5)
Other, net........................................................ 63.8 (17.2) 117.2
----------------- ---------------- -----------------
Net cash (used) provided by operating activities..................... (122.2) (160.1) 85.0
----------------- ---------------- -----------------
CASH FLOWS FROM INVESTING ACTIVITIES:
Maturities and repayments......................................... 640.7 511.8 1,165.8
Sales............................................................. 2,667.0 2,119.0 2,844.2
Return of capital from joint ventures and limited partnerships.... 23.9 14.2 56.3
Purchases......................................................... (3,065.9) (2,251.7) (4,414.0)
Other, net........................................................ (114.8) (102.2) (98.8)
----------------- ---------------- -----------------
Net cash provided (used) by investing activities..................... 150.9 291.1 (446.5)
----------------- ---------------- -----------------
CASH FLOWS FROM FINANCING ACTIVITIES:
Policyholders' account balances:
Deposits........................................................ 581.1 602.8 612.9
Withdrawals..................................................... (636.6) (697.7) (506.2)
Capital contribution from Equitable Life.......................... 125.0 50.0 250.0
Other, net........................................................ (2.9) (1.8) 2.0
----------------- ---------------- -----------------
Net cash provided (used) by financing activities..................... 66.6 (46.7) 358.7
----------------- ---------------- -----------------
Change in cash and cash equivalents.................................. 95.3 84.3 (2.8)
Cash and cash equivalents, beginning of year......................... 182.3 98.0 100.8
----------------- ---------------- -----------------
Cash and Cash Equivalents, End of Year............................... $ 277.6 $ 182.3 $ 98.0
================= ================ =================
Supplemental cash flow information
Interest Paid..................................................... $ -- $ 5.7 $ 2.1
================= ================ =================
Income Taxes Refunded............................................. $ -- $ 8.4 $ .3
================= ================ =================
<FN>
See Notes to Consolidated Financial Statements.
</FN>
</TABLE>
F-4
<PAGE>
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
1. ORGANIZATION
Equitable Variable Life Insurance Company ("Equitable Variable Life") was
incorporated on September 11, 1972 as a wholly owned subsidiary of The
Equitable Life Assurance Society of the United States ("Equitable Life").
Equitable Variable Life's operations consist principally of the sale of
interest-sensitive life insurance and annuity products.
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Basis of Presentation and Principles of Consolidation
The accompanying consolidated financial statements are prepared in conformity
with generally accepted accounting principles ("GAAP").
The accompanying consolidated financial statements include the accounts of
Equitable Variable Life and its subsidiaries, (collectively "EVLICO").
The preparation of financial statements in conformity with GAAP requires
management to make estimates and assumptions that affect the reported amounts
of assets and liabilities and disclosure of contingent assets and liabilities
at the date of the financial statements and the reported amounts of revenues
and expenses during the reporting period. Actual results could differ from
those estimates.
All significant intercompany transactions and balances have been eliminated
in consolidation.
Certain reclassifications have been made in the amounts presented for prior
periods to conform these periods with the 1995 presentation.
Accounting Changes
In the first quarter of 1995, EVLICO adopted Statement of Financial
Accounting Standards ("SFAS") No. 114, "Accounting by Creditors for
Impairment of a Loan." This statement applies to all loans, including loans
restructured in a troubled debt restructuring involving a modification of
terms. This statement addresses the accounting for impairment of a loan by
specifying how allowances for credit losses should be determined. Impaired
loans within the scope of this statement are measured based on the present
value of expected future cash flows discounted at the loan's effective
interest rate, at the loan's observable market price or the fair value of the
collateral if the loan is collateral dependent. EVLICO provides for
impairment of loans through an allowance for possible losses. The adoption of
this statement did not have a material effect on the level of these
allowances or on EVLICO's consolidated statements of earnings and
shareholder's equity.
In the fourth quarter of 1994 (effective as of January 1, 1994), EVLICO
adopted SFAS No. 112, "Employers' Accounting for Postemployment Benefits,"
which required employers to recognize the obligation to provide
postemployment benefits. Implementation of this statement resulted in a
charge for the cumulative effect of accounting change of $11.4 million, net
of a Federal income tax benefit of $6.2 million.
At December 31, 1993, EVLICO adopted SFAS No. 115, "Accounting for Certain
Investments in Debt and Equity Securities," which expanded the use of fair
value accounting for those securities that a company does not have positive
intent and ability to hold to maturity. Implementation of this statement
increased consolidated shareholder's equity by $7.2 million, net of deferred
policy acquisition costs and deferred Federal income tax. Beginning
coincident with issuance of SFAS No. 115 implementation guidance in November
1995, the Financial Accounting Standards Board ("FASB") permitted companies a
one-time opportunity, through December 31, 1995, to reassess the
appropriateness of the classification of all securities held at that time. On
December 1, 1995, EVLICO transferred $1,806.7 million of securities
classified as held to maturity to the available for sale portfolio. As a
result, consolidated shareholder's equity increased by $17.9 million, net of
deferred policy acquisition costs and deferred Federal income tax.
New Accounting Pronouncements
In March 1995, the FASB issued SFAS No. 121, "Accounting for the Impairment
of Long-Lived Assets and for Long-Lived Assets to be Disposed Of," which
requires that long-lived assets and certain identifiable intangibles be
reviewed for impairment whenever events or changes in circumstances indicate
the carrying amount of such assets may not be recoverable. EVLICO will
implement this statement as of January 1, 1996. EVLICO currently provides
allowances for possible losses for assets under the scope of this statement.
Management has not yet determined the impact of this statement on these
assets.
Valuation of Investments
Fixed maturities which have been identified as available for sale are
reported at estimated fair value. At December 31, 1994, fixed maturities
which EVLICO had both the ability and the intent to hold to maturity, were
stated principally at amortized cost. The amortized cost of fixed maturities
is adjusted for impairments in value deemed to be other than temporary.
F-5
<PAGE>
Mortgage loans on real estate are stated at unpaid principal balances, net of
unamortized discounts and valuation allowances. Effective with the adoption
of SFAS No. 114 on January 1, 1995, the valuation allowances are based on the
present value of expected future cash flows discounted at the loan's original
effective interest rate or the collateral value if the loan is collateral
dependent. However, if foreclosure is or becomes probable, the measurement
method used is collateral value. Prior to the adoption of SFAS No. 114, the
valuation allowances were based on losses expected by management to be
realized on transfers of mortgage loans to real estate (upon foreclosure or
in-substance foreclosure), on the disposition or settlement of mortgage loans
and on mortgage loans management believed may not be collectible in full. In
establishing valuation allowances, management previously considered, among
other things, the estimated fair value of the underlying collateral.
Real estate, including real estate acquired in satisfaction of debt, is
stated at depreciated cost less valuation allowances. At the date of
foreclosure (including in-substance foreclosure), real estate acquired in
satisfaction of debt is valued at estimated fair value. Valuation allowances
on real estate held for the production of income are computed using the
forecasted cash flows of the respective properties discounted at a rate equal
to EVLICO's cost of funds; valuation allowances on real estate available for
sale are computed using the lower of current estimated fair value, net of
disposition costs, or depreciated cost.
Policy loans are stated at unpaid principal balances.
Partnerships and joint venture interests in which EVLICO does not have
control and a majority economic interest are reported on the equity basis of
accounting and are included with either equity real estate or other equity
investments, as appropriate.
Common stocks are carried at estimated fair value and are included in other
equity investments.
Short-term investments are stated at amortized cost which approximates fair
value and are included with other invested assets.
Cash and cash equivalents includes cash on hand, amounts due from banks and
highly liquid debt instruments purchased with an original maturity of three
months or less.
All securities are recorded in the consolidated financial statements on a
trade date basis.
Investment Results and Unrealized Investment Gains (Losses)
Realized investment gains and losses are determined by specific
identification and are presented as a component of revenue. Valuation
allowances are netted against the asset categories to which they apply and
changes in the valuation allowances are included in investment gains or
losses.
Unrealized investment gains and losses on fixed maturities available for sale
and equity securities held by EVLICO are accounted for as a separate
component of shareholder's equity, net of related deferred Federal income
taxes and deferred policy acquisition costs related to universal life and
investment-type products.
Recognition of Insurance Income and Related Expenses
Premiums from universal life and investment-type contracts are reported as
deposits to policyholders' account balances. Revenues from these contracts
consist of amounts assessed during the period against policyholders' account
balances for mortality charges, policy administration charges and surrender
charges. Policy benefits and claims that are charged to expenses include
benefit claims incurred in the period in excess of related policyholders'
account balances.
Premiums from life and annuity policies with life contingencies generally are
recognized as income when due. Benefits and expenses are matched with such
income so as to result in the recognition of profits over the life of the
contracts. This match is accomplished by means of the provision for
liabilities for future policy benefits and the deferral and subsequent
amortization of policy acquisition costs.
Deferred Policy Acquisition Costs
The costs of acquiring new business, principally commissions, underwriting,
agency and policy issue expenses, all of which vary with and are primarily
related to the production of new business, are deferred. Deferred policy
acquisition costs are subject to recoverability testing at the time of policy
issue and loss recognition testing at the end of each accounting period.
For universal life products and investment-type products, deferred policy
acquisition costs are amortized over the expected average life of the
contracts (periods ranging from 15 to 35 years and 5 to 17 years,
respectively) as a constant percentage of estimated gross profits arising
principally from investment results, mortality and expense margins and
surrender charges based on historical and anticipated future experience,
updated at the end of each accounting period. The effect on the amortization
of deferred policy acquisition costs of revisions to estimated gross profits
is reflected in earnings in the period such estimated gross profits are
revised. The effect on the deferred policy acquisition cost asset that would
result from realization of unrealized gains (losses) is recognized with an
offset to unrealized gains (losses) in consolidated shareholder's equity as
of the balance sheet date.
Amortization charged to income amounted to $199.0 million, $200.2 million and
$135.5 million for the years ended December 31, 1995, 1994 and 1993,
respectively.
F-6
<PAGE>
Policyholders' Account Balances and Future Policy Benefits
EVLICO's insurance contracts primarily are universal life and investment-type
contracts. Policyholders' account balances are equal to the policy account
values. The policy account values represent an accumulation of gross premium
payments plus credited interest less expense and mortality charges and
withdrawals.
The future policy benefit liabilities for the remainder of EVLICO's insurance
contracts, consisting primarily of supplementary contracts with life
contingencies and various policy riders, are computed by various valuation
methods based on assumed interest rates and mortality and morbidity
assumptions reflecting EVLICO's experience and industry standards.
Federal Income Taxes
EVLICO is included in a consolidated Federal income tax return with Equitable
Life and its other eligible subsidiaries. In accordance with an agreement
between EVLICO and Equitable Life, the amount of current income taxes as
determined on a separate return basis will be paid to, or received from,
Equitable Life. Benefits for losses, which are paid to EVLICO to the extent
they are utilized by Equitable Life, may not have been received in the
absence of such agreement. Deferred income tax assets and liabilities are
recognized based on the difference between financial statement carrying
amounts and income tax bases of assets and liabilities using the enacted
income tax rates and laws.
Separate Accounts
Separate Accounts are established in conformity with the New York State
Insurance Law and generally are not chargeable with liabilities that arise
from any other business of EVLICO. Separate Accounts assets are subject to
General Account claims only to the extent the value of such assets exceeds
the Separate Accounts liabilities.
Assets and liabilities of the Separate Accounts, representing net deposits
and accumulated net investment earnings less fees, held primarily for the
benefit of contractholders are shown as separate captions in the consolidated
balance sheets. Assets held in the Separate Accounts are carried at quoted
market values or, where quoted values are not available, at estimated fair
values as determined by management.
The investment results of Separate Accounts are reflected directly in
Separate Accounts liabilities. For the years ended December 31, 1995, 1994
and 1993, investment results of Separate Accounts were $342.2 million, $135.9
million and $344.1 million, respectively.
Deposits to Separate Accounts are reported as increases in Separate Accounts
liabilities and are not reported in revenues. Mortality, policy
administration and surrender charges of the Separate Accounts are included in
revenues.
F-7
<PAGE>
3. INVESTMENTS
The following tables provide additional information relating to fixed
maturities and equity securities:
<TABLE>
<CAPTION>
GROSS GROSS
AMORTIZED UNREALIZED UNREALIZED ESTIMATED
COST GAINS LOSSES FAIR VALUE
---------------- ----------------- ----------------- ---------------
(IN MILLIONS)
<S> <C> <C> <C> <C>
December 31, 1995
Fixed Maturities:
Available for Sale:
Corporate................................. $ 3,053.5 $ 101.0 $ 22.0 $ 3,132.5
Mortgage-backed........................... 573.9 7.7 .4 581.2
U.S. Treasury securities and U.S. government
and agency securities.................. 569.2 9.2 2.6 575.8
States and political subdivisions......... 4.3 .1 -- 4.4
Foreign governments....................... 16.2 .8 -- 17.0
Redeemable preferred stock................ 56.8 3.7 5.1 55.4
---------------- ----------------- ----------------- ---------------
Total Available for Sale.................... $ 4,273.9 $ 122.5 $ 30.1 $ 4,366.3
================ ================= ================= ===============
Equity Securities:
Common stock................................ $ 36.2 $ 10.3 $ 4.7 $ 41.8
================ ================= ================= ===============
December 31, 1994
Fixed Maturities:
Available for Sale:
Corporate................................. $ 1,622.3 $ 5.1 $ 112.6 $ 1,514.8
Mortgage-backed........................... 221.9 .5 16.4 206.0
U.S. Treasury securities and U.S. government
and agency securities.................. 365.4 1.4 20.7 346.1
States and political subdivisions......... 4.8 -- .6 4.2
Foreign governments....................... 14.8 .2 -- 15.0
Redeemable preferred stock................ 58.0 .1 5.4 52.7
---------------- ----------------- ----------------- ---------------
Total Available for Sale.................... $ 2,287.2 $ 7.3 $ 155.7 $ 2,138.8
================ ================= ================= ===============
Held to Maturity:
Corporate................................. $ 1,812.4 $ 11.9 $ 93.1 $ 1,731.2
U.S. Treasury securities and U.S. government
and agency securities.................. 180.4 -- 21.7 158.7
States and political subdivisions......... 14.4 -- .9 13.5
Foreign governments....................... 1.3 .1 -- 1.4
---------------- ----------------- ----------------- ---------------
Total Held to Maturity...................... $ 2,008.5 $ 12.0 $ 115.7 $ 1,904.8
================ ================= ================= ===============
Equity Securities:
Common stock................................ $ 42.0 $ 10.1 $ 9.4 $ 42.7
================ ================= ================= ===============
</TABLE>
For publicly traded fixed maturities and equity securities, estimated fair
value is determined using quoted market prices. For fixed maturities without
a readily ascertainable market value, EVLICO has determined an estimated fair
value using a discounted cash flow approach, including provisions for credit
risk, generally based upon the assumption that such securities will be held
to maturity. Estimated fair value for equity securities, substantially all of
which do not have a readily ascertainable market value, has been determined
by EVLICO. Such estimated fair values do not necessarily represent the values
for which these securities could have been sold at the dates of the
consolidated balance sheets. At December 31, 1995 and 1994, respectively,
securities without a readily ascertainable market value having an amortized
cost of $1,233.7 million and $1,571.5 million, respectively, had estimated
fair values of $1,291.1 million and $1,512.2 million, respectively.
F-8
<PAGE>
The contractual maturity of bonds at December 31, 1995 are shown below:
<TABLE>
<CAPTION>
AVAILABLE FOR SALE
------------------------------------
AMORTIZED ESTIMATED
COST FAIR VALUE
----------------- ----------------
(IN MILLIONS)
<S> <C> <C>
Due in one year or less............................................................. $ 133.3 $ 133.4
Due in years two through five....................................................... 1,416.4 1,444.9
Due in years six through ten........................................................ 1,361.5 1,391.8
Due after ten years................................................................. 732.0 759.6
Mortgage-backed securities.......................................................... 573.9 581.2
----------------- ----------------
Total............................................................................... $ 4,217.1 $ 4,310.9
================= ================
</TABLE>
Bonds not due at a single maturity date have been included in the above table
in the year of final maturity. Actual maturities will differ from contractual
maturities because borrowers may have the right to call or prepay obligations
with or without call or prepayment penalties.
Investment valuation allowances and changes thereto are shown below:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ----------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Balances, beginning of year.................................... $ 68.5 $ 87.3 $ 147.2
Additions charged to income.................................... 31.0 12.7 44.4
Deductions for writedowns and asset dispositions............... (33.8) (31.5) (104.3)
----------------- ----------------- -----------------
Balances, End of Year.......................................... $ 65.7 $ 68.5 $ 87.3
================= ================= =================
Balances, end of year comprise:
Mortgage loans on real estate............................... $ 15.9 $ 24.0 $ 46.7
Equity real estate.......................................... 49.8 44.5 40.6
----------------- ----------------- -----------------
Total.......................................................... $ 65.7 $ 68.5 $ 87.3
================= ================= =================
</TABLE>
Deductions for writedowns and asset dispositions for 1993 include a $20.2
million writedown of fixed maturity investments at December 31, 1993 as a
result of adopting a new accounting statement for the valuation of these
investments that requires specific writedowns instead of valuation
allowances.
At December 31, 1995, the carrying values of investments held for the
production of income which were non-income producing for the twelve months
preceding the consolidated balance sheet date were $21.5 million of fixed
maturities and $29.1 million of mortgage loans on real estate.
EVLICO's fixed maturity investment portfolio includes corporate high yield
securities consisting of public high yield bonds, redeemable preferred stocks
and directly negotiated debt in leveraged buyout transactions. EVLICO seeks
to minimize the higher than normal credit risks associated with such
securities by monitoring the total investments in any single issuer or total
investment in a particular industry group. Certain of these corporate high
yield securities are classified as other than investment grade by the various
rating agencies, i.e., a rating below Baa or an NAIC (National Association of
Insurance Commissioners) designation of 3 (medium grade), 4 or 5 (below
investment grade) or 6 (in or near default). At December 31, 1995,
approximately 11.0% of the $4,217.2 million aggregate amortized cost of bonds
held by EVLICO were considered to be other than investment grade.
In addition to its holding of corporate high yield securities, EVLICO is an
equity investor in limited partnership interests which primarily invest in
securities considered to be other than investment grade.
EVLICO has restructured or modified the terms of certain fixed maturity
investments. The fixed maturity portfolio, based on amortized cost, includes
$13.7 million and $13.3 million at December 31, 1995 and 1994, respectively,
of such restructured securities. The December 31, 1994 amount includes fixed
maturities which are in default as to principal and/or interest payments, are
to be restructured pursuant to commenced negotiations or where the borrowers
went into bankruptcy subsequent to acquisition (collectively, "problem fixed
maturities") of $5.6 million. Gross interest income that would have been
recorded in accordance with the original terms of restructured fixed
maturities amounted to $1.4 million, $1.1 million and $2.2 million in 1995,
1994 and 1993, respectively. Gross interest income on these fixed maturities
included in net investment income aggregated $1.4 million, $1.0 million and
$1.5 million in 1995, 1994 and 1993, respectively.
F-9
<PAGE>
At December 31, 1995 and 1994, mortgage loans on real estate with scheduled
payments 60 days (90 days for agricultural mortgages) or more past due or in
foreclosure (collectively, "problem mortgage loans on real estate") had an
amortized cost of $36.0 million (4.6% of total mortgage loans on real estate)
and $35.2 million (3.9% of total mortgage loans on real estate),
respectively.
The payment terms of mortgage loans on real estate may from time to time be
restructured or modified. The investment in restructured mortgage loans on
real estate, based on amortized cost, amounted to $173.5 million and $130.8
million at December 31, 1995 and 1994, respectively. Gross interest income on
restructured mortgage loans on real estate that would have been recorded in
accordance with the original terms of such loans amounted to $16.1 million,
$12.3 million and $13.9 million in 1995, 1994 and 1993, respectively. Gross
interest income on these loans included in net investment income aggregated
$14.0 million, $11.4 million and $11.5 million in 1995, 1994 and 1993,
respectively.
Impaired mortgage loans (as defined under SFAS No. 114) along with the
related provision for losses were as follows:
DECEMBER 31, 1995
------------------
(IN MILLIONS)
Impaired mortgage loans with provision for losses.... $ 99.0
Impaired mortgage loans with no provision for losses. 24.5
------------------
Recorded investment in impaired mortgage loans....... 123.5
Provision for losses................................. 14.5
------------------
Net Impaired Mortgage Loans.......................... $ 109.0
==================
Impaired mortgage loans with no provision for losses are loans where the fair
value of the collateral or the net present value of the loan equals or
exceeds the recorded investment. Interest income earned on loans where the
collateral value is used to measure impairment is recorded on a cash basis.
Interest income on loans where the present value method is used to measure
impairment is accrued on the net carrying value amount of the loan at the
interest rate used to discount the cash flows. Changes in the present value
attributable to changes in the amount or timing of expected cash flows are
reported as investment gains or losses.
During the year ended December 31, 1995, EVLICO's average recorded investment
in impaired mortgage loans was $99.2 million. Interest income recognized on
these impaired mortgage loans totaled $8.2 million for the year ended
December 31, 1995, including $2.2 million recognized on a cash basis.
EVLICO's investment in equity real estate is through direct ownership and
through investments in real estate joint ventures. At December 31, 1995 and
1994, the carrying value of equity real estate available for sale amounted to
$55.6 million and $138.4 million, respectively. For the years ended December
31, 1995, 1994 and 1993, respectively, real estate of $12.2 million, $59.0
million and $92.1 million was acquired in satisfaction of debt. At December
31, 1995 and 1994, EVLICO owned $196.6 million and $230.5 million,
respectively, of real estate acquired in satisfaction of debt.
Depreciation on real estate is computed using the straight-line method over
the estimated useful lives of the properties, which generally range from 40
to 50 years. Accumulated depreciation on real estate was $51.0 million and
$51.1 million at December 31, 1995 and 1994, respectively. Depreciation
expense on real estate totaled $12.8 million, $12.7 million and $11.6 million
for the years ended December 31, 1995, 1994 and 1993, respectively.
F-10
<PAGE>
4. JOINT VENTURES AND PARTNERSHIPS
Summarized combined financial information of real estate joint ventures (10
and 12 individual ventures as of December 31, 1995 and 1994, respectively)
and of other limited partnership interests accounted for under the equity
method, in which EVLICO has an investment of $10.0 million or greater and an
equity interest of 10% or greater is as follows:
<TABLE>
<CAPTION>
DECEMBER 31,
------------------------------------------
1995 1994
------------------- ------------------
(IN MILLIONS)
<S> <C> <C>
FINANCIAL POSITION
Investments in real estate, at depreciated cost............................... $ 966.3 $ 1,047.0
Investments in securities, generally at estimated fair value.................. 648.5 3,061.2
Cash and cash equivalents..................................................... 99.2 46.4
Other assets.................................................................. 90.8 261.9
------------------- ------------------
Total assets.................................................................. 1,804.8 4,416.5
------------------- ------------------
Borrowed funds -- third party.................................................. 74.4 1,233.6
Other liabilities............................................................. 132.4 611.0
------------------- ------------------
Total liabilities............................................................. 206.8 1,844.6
------------------- ------------------
Partners' Capital............................................................. $ 1,598.0 $ 2,571.9
=================== ==================
Equity in partners' capital included above.................................... $ 243.8 $ 327.3
Equity in limited partnership interests not included above.................... 82.3 50.4
(Deficit) excess of equity in partners' capital over
investment cost and equity earnings........................................ (.4) 3.7
------------------- ------------------
Carrying Value................................................................ $ 325.7 $ 381.4
=================== ==================
</TABLE>
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
STATEMENTS OF EARNINGS
Revenues of real estate joint ventures............................ $ 152.3 $ 180.1 $ 136.6
Revenues of other limited partnership interests................... 86.9 102.5 318.9
Interest expense -- third party.................................... (23.1) (88.1) (79.7)
Interest expense -- The Equitable.................................. (5.6) -- --
Other expenses.................................................... (131.8) (172.4) (132.7)
----------------- ---------------- -----------------
Net Earnings...................................................... $ 78.7 $ 22.1 $ 243.1
================= ================ =================
Equity in net earnings included above............................. $ 14.4 $ 11.7 $ 34.0
Equity in net earnings of limited partnership
interests not included above................................... 12.9 6.3 12.0
Reduction of earnings in joint ventures
over equity ownership percentage and
amortization of differences in bases........................... -- (1.1) (.1)
----------------- ----------------- -----------------
Total Equity in Net Earnings...................................... $ 27.3 $ 16.9 $ 45.9
================= ================ =================
</TABLE>
F-11
<PAGE>
5. NET INVESTMENT INCOME AND INVESTMENT (LOSSES) GAINS
The sources of net investment income are summarized as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Fixed maturities................................................. $ 319.5 $ 331.4 $ 319.9
Mortgage loans on real estate.................................... 70.3 86.7 105.7
Equity real estate............................................... 66.2 67.0 69.8
Policy loans..................................................... 86.8 79.5 76.1
Other equity investments......................................... 22.4 13.4 38.5
Other investment income.......................................... 30.5 24.5 17.0
----------------- ---------------- -----------------
Gross investment income.......................................... 595.7 602.5 627.0
Investment expenses.............................................. 66.6 75.7 69.4
----------------- ---------------- -----------------
Net Investment Income............................................ $ 529.1 $ 526.8 $ 557.6
================= ================ =================
</TABLE>
Investment (losses) gains, net, including changes in valuation allowances,
are summarized as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Fixed maturities................................................. $ 23.7 $ (6.8) $ 45.1
Mortgage loans on real estate.................................... (7.0) (13.3) (32.0)
Equity real estate............................................... (18.9) (5.3) (13.4)
Other equity investments......................................... 1.7 20.8 1.8
----------------- ---------------- -----------------
Investment (Losses) Gains, Net................................... $ (.5) $ (4.6) $ 1.5
================= ================ =================
</TABLE>
Writedowns of fixed maturities amounted to $11.1 million, $8.2 million and
$1.4 million for the years ended December 31, 1995, 1994 and 1993,
respectively.
For the years ended December 31, 1995 and 1994, respectively, proceeds
received on sales of fixed maturities classified as available for sale
amounted to $2,551.6 million and $2,065.1 million. Gross gains of $49.6
million and $22.1 million and gross losses of $18.7 million and $24.4
million, respectively, were realized on these sales. The change in unrealized
investment gains (losses) related to fixed maturities classified as available
for sale for the years ended December 31, 1995 and 1994, amounted to $240.8
million and $(215.2) million, respectively.
Gross gains of $66.2 million and gross losses of $66.5 million were realized
on sales of investments in fixed maturities held for investment and available
for sale for the year ended December 31, 1993.
F-12
<PAGE>
Net unrealized investment gains (losses), included in the consolidated
balance sheets as a component of equity, and the changes for the
corresponding years are summarized as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Balance, beginning of year....................................... $ (72.6) $ 22.3 $ 11.1
Changes in unrealized investment gains (losses).................. 244.7 (241.8) 3.4
Effect of adopting SFAS No. 115.................................. -- -- 72.2
Changes in unrealized investment (gains) losses attributable to:
Deferred policy acquisition costs............................. (64.4) 95.8 (58.2)
Deferred Federal income taxes................................. (63.1) 51.1 (6.2)
----------------- ---------------- -----------------
Balance, End of Year............................................. $ 44.6 $ (72.6) $ 22.3
================= ================ =================
Balance, end of year comprises:
Unrealized investment gains (losses) on:
Fixed maturities............................................ $ 92.4 $ (148.4) $ 66.8
Other equity investments.................................... 5.6 .7 25.6
Other....................................................... (2.7) (1.7) --
----------------- ---------------- -----------------
Total......................................................... 95.3 (149.4) 92.4
Amounts of unrealized investment (gains) losses attributable to:
Deferred policy acquisition costs........................... (26.8) 37.6 (58.2)
Deferred Federal income taxes............................... (23.9) 39.2 (11.9)
----------------- ---------------- -----------------
Total............................................................ $ 44.6 $ (72.6) $ 22.3
================= ================ =================
</TABLE>
6. FEDERAL INCOME TAXES
A summary of the Federal income tax expense in the consolidated statements of
earnings is shown below:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Federal income tax expense (benefit):
Current....................................................... $ -- $ (1.4) $ (3.4)
Deferred...................................................... 29.7 26.4 23.9
----------------- ---------------- -----------------
Total............................................................ $ 29.7 $ 25.0 $ 20.5
================= ================ =================
</TABLE>
The Federal income taxes attributable to consolidated operations are
different from the amounts determined by multiplying the earnings before
Federal income taxes and cumulative effect of accounting change by the
expected Federal income tax rate of 35%.
The sources of the difference and the tax effects of each are as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Expected Federal income tax expense.............................. $ 30.0 $ 25.3 $ 16.6
Tax rate adjustment.............................................. -- -- 4.0
Other............................................................ (.3) (.3) (.1)
----------------- ---------------- -----------------
Federal Income Tax Expense....................................... $ 29.7 $ 25.0 $ 20.5
================= ================ =================
</TABLE>
F-13
<PAGE>
The components of the net deferred Federal income tax account are as follows:
<TABLE>
<CAPTION>
DECEMBER 31, 1995 DECEMBER 31, 1994
--------------------------------- ---------------------------------
ASSETS LIABILITIES ASSETS LIABILITIES
--------------- --------------- --------------- ---------------
(IN MILLIONS)
<S> <C> <C> <C> <C>
Deferred policy acquisition costs, reserves and
reinsurance....................................... $ -- $ 253.8 $ -- $ 250.6
Investments.......................................... -- 20.5 38.4 --
Compensation and related benefits.................... 44.3 -- 52.2 --
Other................................................ 7.9 -- 25.6 --
--------------- --------------- --------------- ---------------
Total................................................ $ 52.2 $ 274.3 $ 116.2 $ 250.6
=============== =============== =============== ===============
</TABLE>
The deferred Federal income tax expense (benefit) impacting operations
reflect the net tax effects of temporary differences between the carrying
amounts of assets and liabilities for financial reporting purposes and the
amounts used for income tax purposes. The sources of these temporary
differences and the tax effects of each are as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Deferred policy acquisition costs, reserves and
reinsurance................................................... $ 3.2 $ (11.4) $ (6.8)
Investments...................................................... (4.2) 26.1 11.4
Compensation and related benefits................................ 13.0 (2.8) 1.9
Other............................................................ 17.7 14.5 17.4
----------------- ---------------- -----------------
Deferred Federal Income Tax Expense.............................. $ 29.7 $ 26.4 $ 23.9
================= ================ =================
</TABLE>
At December 31, 1995, EVLICO had net operating loss carryforwards of
approximately $10.2 million. These loss carryforwards are available to offset
future tax payments to Equitable Life under the tax sharing agreement.
7. REINSURANCE AGREEMENTS
EVLICO cedes reinsurance to other insurance companies. EVLICO evaluates the
financial condition of its reinsurers to minimize its exposure to significant
losses from reinsurer insolvencies. The effect of reinsurance is summarized
as follows:
<TABLE>
<CAPTION>
DECEMBER 31,
------------------------------------
1995 1994
----------------- ----------------
(IN MILLIONS)
<S> <C> <C>
Direct premiums..................................................................... $ 34.1 $ 40.2
Reinsurance ceded................................................................... (.4) (.1)
----------------- ----------------
Premiums............................................................................ $ 33.7 $ 40.1
================= ================
Universal Life and Investment-type Product Policy Fee Income Ceded.................. $ 31.0 $ 24.9
================= ================
Policyholders' Benefits Ceded....................................................... $ 18.7 $ 8.3
================= ================
</TABLE>
EVLICO reinsures mortality risks in excess of $5.0 million on any single
life. EVLICO also reinsures the entire risk on certain substandard
underwriting risks as well as in certain other cases.
F-14
<PAGE>
8. RELATED PARTY TRANSACTIONS
Under a cost sharing agreement, EVLICO reimburses Equitable Life for its use
of Equitable Life's personnel, property and facilities in carrying out
certain of its operations. Reimbursement for intercompany services is based
on the allocated cost of the services provided. The incurred balances of
these intercompany transactions, which are included in other operating costs
and expenses are as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Personnel and facilities......................................... $ 249.8 $ 257.9 $ 252.7
Agent commissions and fees....................................... 127.4 122.6 103.0
</TABLE>
These cost allocations include various employee related obligations for
pensions and postretirement benefits. At December 31, 1995 and 1994, EVLICO
recorded as a reduction of shareholder's equity its allocated portion of an
additional minimum pension liability of $10.7 million and $1.2 million, net
of Federal income taxes, respectively, representing the excess of the
accumulated benefit obligation over the fair value of plan assets and accrued
pension liability.
During 1995, 1994 and 1993, Equitable Life restructured certain operations in
connection with cost reduction programs. EVLICO recorded provisions of $6.7
million, $6.9 million and $17.3 million in 1995, 1994 and 1993, respectively,
relating primarily to allocated lease obligations (net of sub-lease rentals)
and severance liabilities.
EVLICO incurred investment advisory and asset management fee expenses of
$17.6 million, $19.2 million and $16.0 million during 1995, 1994 and 1993,
respectively.
EVLICO and Equitable Life have an agreement whereby certain Equitable Life
policyholders may purchase EVLICO's policies without presenting evidence of
insurability. Under the agreement, Equitable Life pays EVLICO a conversion
charge for the extra mortality risk associated with issuing these policies.
EVLICO received payments of $2.9 million, $3.0 million and $3.1 million in
1995, 1994 and 1993, respectively, which were reported as other income.
On August 31, 1993, EVLICO sold $250.0 million of primarily privately placed
below investment grade fixed maturities to EQ Asset Trust 1993 (the "Trust").
EVLICO realized a $1.1 million gain, net of related deferred policy
acquisition costs and deferred Federal income taxes. In conjunction with this
transaction, EVLICO received $75.4 million of Class B notes issued by the
Trust. These notes have interest rates ranging from 6.85% to 9.45%. The Class
B notes are classified as other invested assets on the consolidated balance
sheets.
Net amounts payable to Equitable Life were $190.2 million and $226.7 million
at December 31, 1995 and 1994, respectively.
9. DERIVATIVES AND FAIR VALUE OF FINANCIAL INSTRUMENTS
Derivatives
EVLICO primarily uses derivatives for asset/liability risk management and for
hedging individual securities. Derivatives mainly are utilized to reduce
EVLICO's exposure to interest rate fluctuations. Accounting for interest rate
swap transactions is on an accrual basis. Gains and losses related to
interest rate swap transactions are amortized as yield adjustments over the
remaining life of the underlying hedged security. Income and expense
resulting from interest rate swap activities are reflected in net investment
income. The notional amount of matched interest rate swaps outstanding at
December 31, 1995 was $444.8 million. The average unexpired terms at December
31, 1995 is 3.0 years. At December 31, 1995, the cost of terminating
outstanding matched swaps in a loss position was $10.1 million and the
unrealized gain on outstanding matched swaps in a gain position was $3.4
million. EVLICO has no intention of terminating these contracts prior to
maturity.
Fair Value of Financial Instruments
EVLICO defines fair value as the quoted market prices for those instruments
that are actively traded in financial markets. In cases where quoted market
prices are not available, fair values are estimated using present value or
other valuation techniques. The fair value estimates are made at a specific
point in time, based on available market information and judgments about the
financial instrument, including estimates of timing, amount of expected
future cash flows and the credit standing of counterparties. Such estimates
do not reflect any premium or discount that could result from offering for
sale at one time EVLICO's entire holdings of a particular financial
instrument, nor do they consider the tax impact of the realization of
unrealized gains or losses. In many cases, the fair value estimates cannot be
substantiated by comparison to independent markets, nor can the disclosed
value be realized in immediate settlement of the instrument.
Certain financial instruments are excluded, particularly insurance
liabilities other than financial guarantees and investment contracts. Fair
market value of off-balance-sheet financial instruments of EVLICO was not
material at December 31, 1995 and 1994.
F-15
<PAGE>
Fair value for mortgage loans on real estate are estimated by discounting
future contractual cash flows using interest rates at which loans with
similar characteristics and credit quality would be made. Fair values for
foreclosed mortgage loans and problem mortgage loans are limited to the
estimated fair value of the underlying collateral if lower.
The estimated fair values for single premium deferred annuities ("SPDA") are
estimated using projected cash flows discounted at current offering rates.
The estimated fair values for supplementary contracts not involving life
contingencies ("SCNILC") and annuities certain are derived using discounted
cash flows based upon the estimated current offering rate.
The following table discloses carrying value and estimated fair value for
financial instruments not otherwise disclosed in Note 3:
<TABLE>
<CAPTION>
DECEMBER 31,
-------------------------------------------------------------------
1995 1994
-------------------------------- --------------------------------
CARRYING ESTIMATED CARRYING ESTIMATED
VALUE FAIR VALUE VALUE FAIR VALUE
--------------- --------------- --------------- ---------------
(IN MILLIONS)
<S> <C> <C> <C> <C>
Consolidated Financial Instruments:
Mortgage loans on real estate....................... $ 771.5 $ 809.4 $ 888.5 $ 865.3
Other joint ventures................................ 158.7 158.7 196.4 196.4
Policy loans........................................ 1,300.1 1,374.0 1,185.2 1,138.7
Policyholders' account balances:
SPDA............................................. 1,265.8 1,272.0 1,744.3 1,732.7
Annuities certain and SCNILC..................... 188.0 188.1 159.0 151.3
</TABLE>
10. COMMITMENTS AND CONTINGENT LIABILITIES
EVLICO is the obligor under certain structured settlement agreements which
it had entered into with unaffiliated insurance companies and beneficiaries.
To satisfy its obligations under these agreements, EVLICO has purchased
single premium annuities from Equitable Life and directed Equitable Life to
make payments directly to the beneficiaries. A contingent liability exists
with respect to these agreements should Equitable Life be unable to meet its
obligations. Management believes the need to satisfy such obligations is
remote.
11. LITIGATION
A number of lawsuits have been filed against life and health insurers in the
jurisdictions in which EVLICO does business involving insurers' sales
practices, alleged agent misconduct, failure to properly supervise agents,
and other matters. Some of the lawsuits have resulted in the award of
substantial judgments against other insurers, including material amounts of
punitive amounts, or in substantial settlements. In some states juries have
substantial discretion in awarding punitive damages. EVLICO, like other life
and health insurers, from time to time is involved in such litigation as
well as other legal actions and proceedings in connection with its
businesses. Some of these litigations have been brought on behalf of various
alleged classes of claimants and certain of these claimants seek damages of
unspecified amounts. While the ultimate outcome of such matters cannot be
predicted with certainty, in the opinion of management no such matter is
likely to have a material adverse effect on EVLICO's financial position or
results of operations.
12. STATUTORY FINANCIAL INFORMATION
EVLICO is restricted as to the amounts it may pay as dividends to Equitable
Life. Under the New York Insurance Law, the New York Superintendent has
broad discretion to determine whether the financial condition of a stock
life insurance company would support the payment of dividends to its
shareholders. For the years ended December 31, 1995, 1994 and 1993,
statutory (loss) earnings totaled $(102.5) million, $27.3 million and
$(88.4) million, respectively. No amounts are expected to be available for
dividends from EVLICO to Equitable Life in 1996.
At December 31, 1995, EVLICO, in accordance with various government and
state regulations, had $4.2 million of securities deposited with such
government or state agencies.
Accounting practices used to prepare statutory financial statements for
regulatory filings of stock life insurance companies differ in certain
instances from GAAP. The following reconciles EVLICO's net change in
statutory surplus and capital stock and statutory surplus and capital stock
determined in accordance with accounting practices prescribed by the New
York Insurance Department with net earnings and equity on a GAAP basis.
F-16
<PAGE>
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Net change in statutory surplus and capital stock................ $ (56.6) $ 64.8 $ 184.4
Change in asset valuation reserves............................... 57.8 18.5 26.0
----------------- ---------------- -----------------
Net change in statutory surplus, capital stock
and asset valuation reserves.................................. 1.2 83.3 210.4
Adjustments:
Future policy benefits and policyholders' account balances.... (12.9) (13.5) (22.5)
Initial fee liability......................................... (34.2) (20.3) (11.6)
Deferred policy acquisition costs............................. 25.1 34.7 62.2
Deferred Federal income taxes................................. (29.7) (20.2) (23.9)
Valuation of investments...................................... 38.3 19.9 25.9
Limited risk reinsurance...................................... 146.9 .1 (5.4)
Contribution from Equitable Life.............................. (125.0) (50.0) (250.0)
Other, net.................................................... 46.4 2.0 41.7
----------------- ---------------- -----------------
Net Earnings..................................................... $ 56.1 $ 36.0 $ 26.8
================= ================ =================
</TABLE>
<TABLE>
<CAPTION>
DECEMBER 31,
--------------------------------------------------------
1995 1994 1993
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Statutory surplus and capital stock.............................. $ 720.9 $ 777.6 $ 712.7
Asset valuation reserves......................................... 146.1 88.3 69.8
----------------- ---------------- -----------------
Statutory surplus, capital stock and asset valuation reserves.... 867.0 865.9 782.5
Adjustments:
Future policy benefits and policyholders' account balances.... (367.4) (354.5) (341.1)
Initial fee liability......................................... (234.7) (200.5) (180.3)
Deferred policy acquisition costs............................. 2,037.8 2,077.1 1,946.7
Deferred Federal income taxes................................. (222.1) (134.4) (159.5)
Valuation of investments...................................... 68.4 (219.2) 4.4
Limited risk reinsurance...................................... (231.7) (378.6) (378.7)
Postretirement and other pension liabilities.................. (111.6) (105.8) (122.7)
Other, net.................................................... (68.0) (101.1) (98.6)
----------------- ---------------- -----------------
Shareholder's Equity............................................. $ 1,737.7 $ 1,448.9 $ 1,452.7
================= ================ =================
</TABLE>
F-17
<PAGE>
REPORT OF INDEPENDENT ACCOUNTANTS
To the Board of Directors and Shareholders of Equitable Variable Life
Insurance Company
In our opinion, the accompanying consolidated balance sheets and the related
consolidated statements of earnings, of shareholder's equity and of cash
flows present fairly, in all material respects, the financial position of
Equitable Variable Life Insurance Company and its subsidiaries ("EVLICO") at
December 31, 1995 and 1994, and the results of their operations and their
cash flows for each of the three years in the period ended December 31,
1995, in conformity with generally accepted accounting principles. These
financial statements are the responsibility of EVLICO's management; our
responsibility is to express an opinion on these financial statements based
on our audits. We conducted our audits of these statements in accordance
with generally accepted auditing standards which require that we plan and
perform the audit to obtain reasonable assurance about whether the financial
statements are free of material misstatement. An audit includes examining,
on a test basis, evidence supporting the amounts and disclosures in the
financial statements, assessing the accounting principles used and
significant estimates made by management and evaluating the overall
financial statement presentation. We believe that our audits provide a
reasonable basis for the opinion expressed above.
As discussed in Note 2 to the consolidated financial statements, EVLICO
changed its methods of accounting for loan impairments in 1995, for
postemployment benefits in 1994 and for investment securities in 1993.
PRICE WATERHOUSE LLP
New York, New York
February 7, 1996
F-18
<PAGE>
APPENDIX A
MANAGEMENT
Here is a list of our directors and principal officers and a brief statement of
their business experience for the past five years. Unless otherwise noted, the
following persons have been involved in the management of Equitable and its
subsidiaries in various positions for the last five years. Unless otherwise
noted, their address is 787 Seventh Avenue, New York, New York 10019.
<TABLE>
<CAPTION>
NAME AND PRINCIPAL BUSINESS EXPERIENCE
BUSINESS ADDRESS WITHIN PAST FIVE YEARS
- -------------------- ------------------------
<S> <C>
DIRECTORS
Michel Beaulieu...................... Director of Equitable Variable since February 1992. Senior Vice President, Equitable, since
September 1991; prior thereto, Chief Life Actuary AXA group 1989 to 1991; Managing Director
Blondeau & CIE (France) 1986 to 1989. Director, Equity & Law (London).
Laurent Clamagirand.................. Director of Equitable Variable since February 1995; Vice President, Financial Reporting,
Equitable, since March 1996; prior thereto, Director from November 1994 to March 1996; prior
thereto, International Controller, AXA, January 1990 to October 1994; Director, Equitable of
Colorado, since March 1995.
William T. McCaffrey................. Director of Equitable Variable since February 1987; Senior Executive Vice President and
Chief Operating Officer, Equitable Life, since February 1996; prior thereto, Executive Vice
President, since February 1986 and Chief Administrative Officer since February 1988;
Director, Equitable Life, since February 1996 and Equitable Foundation since September 1986.
Michael J. Rich...................... Director of Equitable Variable since May 1995. Senior Vice President, Equitable, since
October 1994; prior thereto, Vice President of Underwriting, John Hancock Mutual Life
Insurance Co. since 1988.
Jose S. Suquet....................... Director of Equitable Variable since January 1995. Executive Vice President and Chief Agency
Officer, Equitable, since August 1994; prior thereto, Agency Manager, Equitable, since
February 1985.
OFFICERS -- DIRECTORS
James M. Benson...................... President and Chief Executive Officer, Equitable Variable since March 1996; prior thereto,
President from December 1993 to March 1996; Vice Chairman of the Board, Equitable Variable,
July 1993 to December 1993. President & Chief Executive Officer, Equitable Life, since
February 1996; President and Chief Operating Officer, Equitable, February 1994 to present;
Senior Executive Vice President, April 1993 to February 1994. Prior thereto, President,
Management Compensation Group, 1983 to February 1993. Director, Alliance Capital, October
1993 to present; National Mutual Association of Australasia, September 1995 to present and
AXA Re Life Insurance Co., January 1995 to present.
Harvey Blitz......................... Vice President, Equitable Variable since April 1995; Director of Equitable Variable since
October 1992. Senior Vice President, Equitable, since September 1987. Senior Vice President,
The Equitable Companies Incorporated, since July 1992. Director, Equico Securities, Inc.,
since September 1992; Equitable of Colorado, since September 1992; Equisource and its
subsidiaries since October 1992, and Chairman of the Board Frontier Trust since September
1995 and Director of Equitable Distributors, Inc. since February 1995.
Gordon Dinsmore...................... Senior Vice President, Equitable Variable, since February 1991. Senior Vice President,
Equitable, since September 1989; prior thereto, various other Equitable positions. Director
and Senior Vice President, March 1991 to present, Equitable of Colorado; Director, FHJV
Holdings, Inc., December 1990 to present; Director, Equitable Distributors, Inc., August
1993 to present, and Director, Equitable Foundation, May 1991 to present.
Jerry de St. Paer.................... Senior Investment Officer, Equitable Variable, since April 1995; Director of Equitable
Variable since April 1992. Senior Executive Vice President & Chief Financial Officer,
Equitable Life, since February 1996; prior thereto, Executive Vice President & Chief
Financial Officer, Equitable, since April 1992; Executive Vice President since December
1990; Senior Vice President & Treasurer June 1990 to December 1990; Senior Vice President,
Equitable Investment Corporation, January 1987 to January 1991; Executive Vice President &
Chief Financial Officer, The Equitable Companies Incorporated, since May 1992; Director,
Economic Services Corporation & various Equitable subsidiaries.
</TABLE>
A-1
<PAGE>
<TABLE>
<CAPTION>
NAME AND PRINCIPAL BUSINESS EXPERIENCE
BUSINESS ADDRESS WITHIN PAST FIVE YEARS
- ----------------------- -------------------------
<S> <C>
OFFICERS -- DIRECTORS (Continued)
Joseph J. Melone..................... Chairman of the Board, Equitable Variable since March 1996; Chairman of the Board and Chief
Executive Officer, Equitable Variable, November 1990 to March 1996; Chairman of the Board,
Equitable Life, since February 1996; prior thereto, Chairman of the Board and Chief
Executive Officer, Equitable, February 1994 to February 1996; President and Chief Executive
Officer, September 1992 to February 1994; President and Chief Operating Officer from
November 1990 to September 1992. President & Chief Executive Officer of The Equitable
Companies Incorporated since February 1996; prior thereto, President and Chief Operating
Officer since July 1992. Prior thereto, President, The Prudential Insurance Company of
America, since December 1984. Director, Equity & Law (United Kingdom) and various other
Equitable subsidiaries.
Peter D. Noris....................... Executive Vice President and Chief Investment Officer, Equitable Variable, since September
1995. Director of Equitable Variable since June 1995. Executive Vice President and Chief
Investment Officer, Equitable, since May 1995; prior thereto, Vice President, Salomon
Brothers, Inc., 1992 to 1995; Principal of Equity Division, Morgan Stanley & Co. Inc., from
1984 to 1992. Director, various Equitable subsidiaries.
Samuel B. Shlesinger................. Senior Vice President, Equitable Variable, since February 1988. Senior Vice President and
Actuary, Equitable; prior thereto, Vice President and Actuary. Director, Chairman and CEO,
Equitable of Colorado.
Dennis D. Witte...................... Senior Vice President, Equitable Variable, since February 1991; Senior Vice President,
Equitable, since July 1990; prior thereto, various other Equitable positions; Director,
Equitable Distributors, Inc. since February 1995.
OFFICERS
Kevin R. Byrne....................... Treasurer, Equitable Variable, since September 1990; Vice President and Treasurer,
Equitable, since September 1993; prior thereto, Vice President from March 1989 to September
1993. Vice President and Treasurer, The Equitable Companies Incorporated, September 1993 to
present; Frontier Trust since August 1990; Equisource and its subsidiaries, October 1990 to
present.
Stephen Hogan........................ Vice President and Controller, Equitable Variable, February 1994 to present. Vice President,
135 West 50th Street Equitable, January 1994 to present; prior thereto, Controller, John Hancock subsidiaries,
New York, New York 10020 from 1987 to December 1993.
J. Thomas Liddle, Jr................. Senior Vice President and Chief Financial Officer, Equitable Variable, since February 1986.
Senior Vice President, Equitable, since April 1991; prior thereto, Vice President and
Actuary, Equitable; Director, Equitable of Colorado since December 1985.
William A. Narducci.................. Vice President and Chief Claims Officer, Equitable Variable, since February 1989. Vice
200 Plaza Drive President, Equitable, since February 1988; prior thereto, Assistant Vice President.
Secaucus, New Jersey 07096
John P. Natoli....................... Vice President and Chief Underwriting Officer, Equitable Variable, since February 1988. Vice
President, Equitable.
</TABLE>
A-2
<PAGE>
APPENDIX B
COMMUNICATING PERFORMANCE DATA
In reports or other communications to policyowners or in advertising material,
we may describe general economic and market conditions affecting the Separate
Account and the Trust and may compare the performance or ranking of the Separate
Account Funds and Trust portfolios with (1) that of other insurance company
separate accounts or mutual funds included in the rankings prepared by Lipper
Analytical Services, Inc., Morningstar, Inc. or similar investment services that
monitor the performance of insurance company separate accounts or mutual funds,
(2) other appropriate indices of investment securities and averages for peer
universes of funds, or (3) data developed by us derived from such indices or
averages. Advertisements or other communications furnished to present or
prospective policyowners may also include evaluations of a Separate Account Fund
or Trust portfolio by financial publications that are nationally recognized such
as Barron's, Morningstar's Variable Annuities/Life, Business Week, Forbes,
Fortune, Institutional Investor, Money, Kiplinger's Personal Finance, Financial
Planning, Investment Adviser, Investment Management Weekly, Money Management
Letter, Investment Dealers Digest, National Underwriter, Pension & Investments,
USA Today, Investor's Daily, The New York Times, The Wall Street Journal, the
Los Angeles Times and the Chicago Tribune.
Performance data for peer universes of funds with similar investment objectives
are compiled by Lipper Analytical Services, Inc. (Lipper) in its Lipper Variable
Insurance Products Performance Analysis Service (Lipper Survey) and Morningstar,
Inc. in the Morningstar Variable Annuity/Life Report (Morningstar Report).
The Lipper Survey records performance data as reported to it by over 800 funds
underlying variable annuity and life insurance products. The Lipper Survey
divides these actively managed funds into 25 categories by portfolio objectives.
The Lipper Survey contains two different universes, which differ in terms of the
types of fees reflected in performance data. The "Separate Account" universe
reports performance data net of investment management fees, direct operating
expenses and asset-based charges applicable under variable insurance and annuity
contracts. The "Mutual Fund" universe reports performance net only of investment
management fees and direct operating expenses, and therefore reflects
asset-based charges that relate only to the underlying mutual fund.
The Morningstar Report consists of over 700 variable life and annuity funds, all
of which report their data net of investment management fees, direct operating
expenses and separate account level charges.
LONG-TERM MARKET TRENDS
As a tool for understanding how different investment strategies may affect
long-term results, it may be useful to consider the historical returns on
different types of assets. The following chart presents historical return trends
for various types of securities. The information presented, while not directly
related to the performance of the Funds of the Separate Account or the Trust
portfolios, may help to provide a perspective on the potential returns of
different asset classes over different periods of time. By combining this
information with your knowledge of your own financial needs, you may be able to
better determine how you wish to allocate your Incentive Life Plus premiums.
Historically, the investment performance of common stocks over the long term has
generally been superior to that of long or short-term debt securities, although
common stocks have been subject to more dramatic changes in value over short
periods of time. The Common Stock Fund of the Separate Account may, therefore,
be a desirable selection for policyowners who are willing to accept such risks.
Policyowners who have a need to limit short-term risk, may find it preferable to
allocate a smaller percentage of their net premiums to those funds that invest
primarily in common stock. Any investment in securities, whether equity or debt,
involves varying degrees of potential risk, in addition to offering varying
degrees of potential reward.
The chart on page A-2 illustrates the average annual compound rates of return
over selected time periods between December 31, 1925 and December 31, 1995 for
common stocks, long-term government bonds, long-term corporate bonds,
intermediate-term government bonds and Treasury Bills. The Consumer Price Index
is shown as a measure of inflation for comparison purposes. The average annual
returns assume the reinvestment of dividends, capital gains and interest.
The information presented is an historical record of unmanaged groups of
securities and is neither an estimate nor a guarantee of future results. In
addition, investment management fees and expenses and charges associated with a
variable life insurance policy, are not reflected.
The rates of return illustrated do not represent returns of the Separate Account
or the Trust and do not constitute a representation that the performance of the
Separate Account funds or the Trust portfolios will correspond to rates of
return such as those illustrated in the chart. For a comparative illustration of
performance results of The Hudson River Trust, see page A-1 of the Trust's
prospectus.
B-1
<PAGE>
<TABLE>
<CAPTION>
AVERAGE ANNUAL RATES OF RETURN
FOR THE
FOLLOWING LONG-TERM LONG-TERM INTERMEDIATE- U.S. CONSUMER
PERIODS ENDING COMMON GOVERNMENT CORPORATE TERM GOV'T TREASURY PRICE
12/31/95: STOCKS BONDS BONDS BONDS BILLS INDEX
- -------- ------ ----- ----- ------ ----- -----
<S> <C> <C> <C> <C> <C> <C>
1 year.................. 37.43 31.67 26.39 16.80 5.60 2.74
3 years................. 15.26 12.82 10.47 7.22 4.13 2.72
5 years................. 16.57 13.10 12.07 8.81 4.29 2.83
10 years................. 14.84 11.92 11.25 9.08 5.55 3.48
20 years................. 14.59 10.45 10.54 9.69 7.28 5.23
30 years................. 10.68 7.92 8.17 8.36 6.72 5.39
40 years................. 10.78 6.38 6.75 7.02 5.73 4.46
50 years................. 11.94 5.35 5.75 5.87 4.80 4.36
60 years................. 11.34 5.20 5.46 5.34 4.01 4.10
Since 1926............... 10.54 5.17 5.69 5.25 3.72 3.12
Inflation Adjusted
Since 1926............... 7.20 1.99 2.49 2.07 0.58 0.00
- ----------------------------
</TABLE>
*Source: Ibbotson, Roger G. and Rex A. Sinquefield, STOCKS, BONDS, BILLS, AND
INFLATION (SBBI), 1982, updated in STOCKS, BONDS, BILLS, AND INFLATION 1996
YEARBOOK,(TM) Ibbotson Associates, Inc., Chicago. All rights reserved.
Common Stocks (S&P 500) -- Standard and Poor's Composite Index, an unmanaged
weighted index of the stock performance of 500 industrial, transportation,
utility and financial companies.
Long-term Government Bonds -- Measured using a one-bond portfolio constructed
each year containing a bond with approximately a twenty year maturity and a
reasonably current coupon.
Long-term Corporate Bonds -- For the period 1969-1995, represented by the
Salomon Brothers Long-Term, High-Grade Corporate Bond Index; for the period
1946-1968, the Salomon Brothers' Index was backdated using Salomon Brothers'
monthly yield data and a methodology similar to that used by Salomon for
1969-1995; for the period 1926-1945, the Standard and Poor's monthly
High-Grade Corporate Composite yield data were used, assuming a 4 percent
coupon and a twenty year maturity.
Intermediate-term Government Bonds -- Measured by a one-bond portfolio
constructed each year containing a bond with approximately a five year
maturity.
U.S. Treasury Bills -- Measured by rolling over each month a one-bill
portfolio containing, at the beginning of each month, the bill having the
shortest maturity not less than one month.
Inflation -- Measured by the Consumer Price Index for all Urban Consumers
(CPI-U), not seasonally adjusted.
B-2
<PAGE>
VM-521
- --------------------------------------------------------------------------------
--------------
EQUITABLE VARIABLE LIFE Bulk Rate
INSURANCE COMPANY U.S. Postage
Mailing Address: Paid
2 Penn Plaza Permit No. 148
New York, New York 10121 Brooklyn, N.Y.
--------------
<PAGE>
VARIABLE LIFE INSURANCE POLICY WITH
ADDITIONAL PREMIUM OPTION
SP-FLEX(TM)
[SP-FLEX LOGO]
ISSUED BY
[EQUITABLE VARIABLE LIFE INSURANCE COMPANY LOGO -- 1986 VERSION]
VM 369 PROSPECTUS DATED SEPTEMBER 30, 1987
THE HUDSON RIVER TRUST
PRINCIPAL OFFICE LOCATED AT:
787 SEVENTH AVENUE
NEW YORK, N.Y. 10019
HRT 102 PROSPECTUS DATED SEPTEMBER 30, 1987
<PAGE>
SP-FLEX(TM)
VARIABLE LIFE INSURANCE POLICY WITH
ADDITIONAL PREMIUM OPTION
SP-Flex(TM) (Policy Form No. 87-500) is a variable life insurance policy that
currently requires payment of only one premium. SP-Flex is issued by Equitable
Variable Life Insurance Company. The minimum initial premium for policies on
insured persons over age 30 is $10,000 (age 30 or under, the minimum is $5,000).
However, you may also make additional premium payments ($1,000 minimum), subject
to certain conditions. Before issuing a policy or accepting any additional
premium payments, we require satisfactory evidence of insurability.
Your entire initial premium and, after deduction of a $25 administrative charge,
any additional premiums are deposited in your Policy Account. The value of your
Policy Account will increase or decrease with the investment experience of the
assets supporting your policy. The value of your Policy Account will also
reflect the cost of insurance and expenses. You may incur a surrender charge if
you surrender your policy or allow it to lapse.
The amounts in your Policy Account are allocated, at your direction, among one
or more of the investment divisions of Equitable Variable's Separate Account FP.
We invest each of the investment divisions of our Separate Account in shares of
a corresponding portfolio of The Hudson River Trust, a mutual fund that invests
the assets of separate accounts of insurance companies. The Trust is the
successor to The Hudson River Fund, Inc. pursuant to an Agreement and Plan of
Reorganization dated September 30, 1987.
The prospectus for the Trust, attached to this prospectus, describes the
investment objectives, policies and risks of each of the Trust's portfolios.
Currently, the following portfolios are available:
o Aggressive Stock o Global o Balanced
o High Yield o Common Stock o Money Market
Your Policy Account will vary in value with the investment performance of the
corresponding Fund portfolios, and there is no minimum Policy Account value.
This means that you will bear the investment risk for the amounts in your Policy
Account.
SP-Flex pays an Insurance Benefit (net of any indebtedness) when the insured
person dies if the policy is still in effect. The Insurance Benefit equals the
amount in your Policy Account on the day the insured person dies less any unpaid
cost of insurance charges, times a factor which is based on the insured person's
age and sex. There is no minimum Insurance Benefit.
SP-FLEX IS A VARIABLE LIFE INSURANCE POLICY DESIGNED FOR SINGLE PREMIUM
PURCHASES. SP-FLEX OFFERS A LIMITED OPPORTUNITY TO PAY ADDITIONAL PREMIUMS. YOU
ARE NOT REQUIRED TO PAY ANY ADDITIONAL PREMIUMS.
Your policy is serviced at the Administrative Office shown on page 3 of your
policy when it is issued. Our Home Office is 787 Seventh Avenue, New York, N.Y.
10019, telephone (212) 714-4643.
You have the right to examine this policy and return it to us for a refund
within 10 days after you receive it.
PLEASE READ THIS PROSPECTUS FOR DETAILS ON THE POLICY BEING OFFERED TO YOU, AND
KEEP IT FOR FUTURE REFERENCE. THIS PROSPECTUS IS NOT VALID UNLESS IT IS ATTACHED
TO A CURRENT PROSPECTUS FOR THE HUDSON RIVER TRUST.
THESE SECURITIES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SECURITIES AND
EXCHANGE COMMISSION NOR HAS THE COMMISSION PASSED UPON THE ACCURACY OR ADEQUACY
OF THIS PROSPECTUS. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.
REPLACING YOUR EXISTING INSURANCE OR, IF YOU ALREADY OWN A FLEXIBLE PREMIUM
INSURANCE POLICY, ACQUIRING ADDITIONAL INSURANCE THROUGH THE POLICY DESCRIBED IN
THIS PROSPECTUS, MAY NOT BE TO YOUR ADVANTAGE.
THE DATE OF THIS PROSPECTUS IS SEPTEMBER 30, 1987
VM-369
Copyright 1987 Equitable Variable Life Insurance Company. All rights reserved.
<PAGE>
In this prospectus "Equitable Variable", "we", "our" and "us" mean Equitable
Variable Life Insurance Company, a New York stock life insurance company. We are
a wholly-owned subsidiary of The Equitable Life Assurance Society of the United
States, a New York mutual life insurance company (Equitable).
"You" and "your" mean the owner of the policy. We refer to the person who is
covered by the policy as the "insured person", because the insured person and
the policyowner may not be the same.
TABLE OF CONTENTS
PAGE
PART 1 -- SUMMARY.........................................................1
FEATURES OF SP-FLEX.............................................1
INVESTMENT CHOICES..............................................1
CHARGES.........................................................2
USING YOUR POLICY ACCOUNT.......................................2
ADDITIONAL INFORMATION..........................................3
RATES OF RETURN.................................................3
HYPOTHETICAL ILLUSTRATIONS......................................4
PART 2 -- DETAILED INFORMATION ABOUT EQUITABLE VARIABLE
AND SP-FLEX INVESTMENT CHOICES..........................................6
EQUITABLE VARIABLE..............................................6
EQUITABLE.......................................................6
Equitable's Investment In Equitable Variable.................6
Donaldson, Lufkin & Jenrette, Inc............................6
INVESTMENT CHOICES..............................................7
THE SEPARATE ACCOUNT AND ITS DIVISIONS..........................7
A Unit Investment Trust......................................7
The Investment Divisions Of The Separate
Account...................................................7
Other Policies Use The Separate Account......................7
We Own The Assets Of The Separate
Account...................................................7
THE TRUST.......................................................7
PREDECESSORS OF THE TRUST.......................................8
INVESTMENT OBJECTIVES OF THE PORTFOLIOS.........................8
THE TRUST'S INVESTMENT ADVISER..................................9
PART 3 -- DETAILED INFORMATION ABOUT SP-FLEX.............................10
PREMIUMS.......................................................10
You Direct The Investment Of Your
Premiums.................................................10
CHARGES........................................................10
Deductions From Premiums....................................10
Policy Account Charges......................................10
Expenses Of The Trust.......................................11
Surrender Charge............................................11
Transfer Charge.............................................12
INSURANCE BENEFIT..............................................12
YOUR POLICY ACCOUNT VALUE......................................13
Amounts In The Separate Account.............................13
How We Determine Unit Value.................................13
BORROWING FROM YOUR POLICY ACCOUNT.............................14
How To Request A Loan.......................................14
Policy Loan Interest........................................14
Interest On Your Loaned Policy Account......................15
When Interest Is Due........................................15
Repaying The Loan...........................................15
The Effects Of A Policy Loan................................16
OTHER POLICY ACCOUNT TRANSACTIONS..............................16
Changing Your Premium Allocations...........................16
Transfers Among Investment Choices..........................16
Surrendering Your Policy For Cash...........................16
YOUR RIGHT TO EXAMINE THE POLICY...............................16
YOUR RIGHT TO EXCHANGE THE POLICY..............................16
YOUR POLICY CAN LAPSE..........................................17
POLICY PERIODS, ANNIVERSARIES, DATES AND AGES..................17
LIMITS ON OUR RIGHT TO CHALLENGE THE POLICY....................18
ADDITIONAL INFORMATION ABOUT SP-FLEX...........................18
When We Pay Proceeds........................................18
Your Payment Options........................................19
Your Beneficiary............................................20
Assigning Your Policy.......................................20
Employee Benefit Plans......................................20
Our Reports To Policyowners.................................20
Dividends...................................................20
PART 4 -- ADDITIONAL INFORMATION.........................................21
TAX EFFECTS....................................................21
Policy Proceeds.............................................21
Pension And Profit-Sharing Plans............................22
Our Income Taxes............................................22
Tax Reform..................................................22
When We Withhold Income Taxes...............................22
YOUR VOTING PRIVILEGES.........................................23
Trust Voting Privileges.....................................23
How We Determine Your Voting Shares.........................23
How Trust Shares Are Voted..................................23
Voting Privileges Of Others.................................24
Separate Account Voting Privileges..........................24
SPECIAL ISSUE PROGRAMS.........................................24
Purpose.....................................................24
Guidelines..................................................24
OUR RIGHT TO CHANGE HOW WE OPERATE.............................24
SALES AND OTHER AGREEMENTS.....................................25
Agents Are Paid Sales Commissions...........................25
Brokers Are Paid Commissions................................25
Applications................................................25
Our Joint Service Agreement With Equitable..................25
REGULATION.....................................................26
LEGAL MATTERS..................................................26
LEGAL PROCEEDINGS..............................................26
FINANCIAL AND ACTUARIAL EXPERTS................................26
ADDITIONAL INFORMATION.........................................26
MANAGEMENT.....................................................27
PART 5 -- ILLUSTRATIONS OF INSURANCE BENEFIT, POLICY ACCOUNT
AND CASH SURRENDER VALUES, AND ACCUMULATED PREMIUMS....................30
PART 6 -- FINANCIAL STATEMENTS...........................................37
The purpose of the policy we are offering is to provide insurance protection for
a policy's beneficiary.
We do not claim that the policy is in any way similar to or comparable to a
mutual fund's systematic investment plan.
The policy is not available in all states. This prospectus does not constitute
an offering in any jurisdiction in which such offering may not lawfully be made.
Equitable Variable does not authorize any information or representations
regarding the offering described in this prospectus other than as contained in
this prospectus or any supplement thereto or in any supplemental sales material
authorized by Equitable Variable.
i
<PAGE>
PART 1: SUMMARY
Unless indicated otherwise, the discussion in this prospectus assumes that there
is no policy loan outstanding and that state variations will be covered by
prospectus supplement or policy endorsement, as appropriate. The terms under
which SP-Flex is issued may also vary from those described in this prospectus
based on particular circumstances. See "Special Issue Programs" in Part 4.
The description of SP-Flex in this prospectus is subject to the terms of the
policy you buy and any supplement or endorsement to it. You may review a copy of
our policy and any supplement or endorsement to it on request.
FEATURES OF SP-FLEX
PREMIUMS. You purchase SP-Flex with a single initial premium payment. The
minimum initial premium payment for policies on insured persons over age 30 is
$10,000 (age 30 or under, the minimum is $5,000). If you provide us with
satisfactory evidence that the insured person is still insurable, you may pay
additional premiums ($1,000 minimum) after the second policy year, subject to
certain conditions. In addition, if we impose the maximum cost of insurance
charges permitted under your policy, an additional premium could be required to
keep your policy from lapsing.
POLICY ACCOUNT. Your entire initial premium and, after deduction of a $25
administrative charge, any additional premiums you pay are put in your Policy
Account. The amounts in your Policy Account are allocated, at your direction,
among one or more of the divisions of our Separate Account FP (the Separate
Account).
Your Policy Account reflects the amount of premiums paid, charges for the cost
of insurance and expenses, the investment experience of amounts you have
allocated to one or more divisions of the Separate Account and interest declared
on your Loaned Policy Account (amounts set aside to secure any borrowing you
have made under your SP-Flex policy). No minimum Policy Account value is
guaranteed. See "Your Policy Account Value" and "Policy Periods, Anniversaries,
Dates And Ages" in Part 3.
INSURANCE BENEFIT. SP-Flex pays an Insurance Benefit (net of any indebtedness)
when the insured person dies if the policy is still in effect. The Insurance
Benefit equals the amount in the Policy Account on the day the insured person
dies less any unpaid cost of insurance charges, times a factor. The factor used
depends on the insured person's sex and age. The factor generally declines as
the insured person gets older. No minimum Insurance Benefit is guaranteed. See
"Insurance Benefit" and "Additional Information about SP-Flex -- Your Payment
Options" in Part 3.
INVESTMENT CHOICES
You may allocate amounts in your Policy Account to one or more of the investment
divisions of our Separate Account. The current investment divisions are:
o Aggressive Stock o Common Stock
o High Yield o Balanced
o Global o Money Market
Each of the investment divisions invests in shares of a corresponding portfolio
of The Hudson River Trust (the Trust), a "series" type mutual fund. The
portfolios of the Trust have different investment objectives.
Equitable Capital Management Corporation (Equitable Capital) is the investment
adviser of the Trust. The maximum effective annual rate at which the Trust pays
advisory fees is .55% of the average daily value of a portfolio's aggregate net
assets.
For a full description of the Trust, see the Trust's prospectus, which is
attached to this prospectus, and the Trust's Statement of Additional Information
referred to therein.
<PAGE>
CHARGES
DEDUCTIONS FROM PREMIUMS. Your entire initial premium is put in your Policy
Account. No deductions are made from your initial premium. However, any
additional premiums you choose to pay are subject to a $25 administrative
charge. See "Charges -- Deductions From Premiums" in Part 3. Also, as described
below, all premiums may be subject to a surrender charge.
POLICY ACCOUNT CHARGES. In determining the value of the amounts you have in the
divisions of the Separate Account, charges are deducted daily at effective
annual rates of .85% for mortality and expense risks and .35% for administrative
costs. We guarantee that the rates for mortality and expense risks and
administrative costs will not increase.
We also make a charge for the cost of insurance under your policy. We guarantee
that the cost of insurance charges under your policy will not exceed cost of
insurance charges based on the Commissioner's 1980 Standard Ordinary Male and
Female Mortality Tables. Currently, the charge for the cost of insurance is
deducted daily at an effective annual rate of .60%. See "Charges -- Policy
Account Charges" in Part 3.
In addition, we reserve the right to make a charge in the future for taxes or
provisions made for taxes.
EXPENSES OF THE TRUST. Shares of the Trust are purchased and redeemed at their
net asset value which reflects management fees and other expenses already
deducted from the assets of the Trust. The Trust does not impose a sales charge.
See "The Trust" in Part 2.
SURRENDER CHARGE. If you surrender your policy or allow it to lapse you will
incur a surrender charge. The maximum charge is 7% of the initial premium and 5%
of each additional premium. The charge is a contingent deferred sales load which
is based on premium payments and declines 1% each policy year to zero over a
fixed surrender charge period. See "Charges -- Surrender Charge" and "Your
Policy Can Lapse" in Part 3.
USING YOUR POLICY ACCOUNT
BORROWING FROM YOUR POLICY ACCOUNT. You may borrow up to 95% of the Cash
Surrender Value on the date of the borrowing, using only your policy as security
for the loan. The Cash Surrender Value is the difference between the value of
your Policy Account (net of any unpaid cost of insurance charge) and any
applicable surrender charge. Up to a certain loan amount, the interest charged
on your loan will, in effect, be offset by the interest we declare on your
Loaned Policy Account. The interest rate charged on borrowings in excess of this
amount will be no more than 2% over the interest rate we declare on your Loaned
Policy Account. See "Borrowing From Your Policy Account" in Part 3.
TRANSFERS AMONG INVESTMENT CHOICES. You may transfer amounts in your Policy
Account among the divisions of our Separate Account. Transfers take effect on
the date we receive your request. We require minimum amounts for any transfer,
usually $500. Currently, you may make transfers among your investment choices
without charge. However, we may impose a transfer charge in the future of up to
$25 if you make more than four transfers a year. See "Other Policy Account
Transactions -- Transfers Among Investment Choices" in Part 3.
SURRENDERING YOUR POLICY FOR CASH. If you surrender the policy for cash, we will
pay you the Net Cash Surrender Value (Cash Surrender Value less any outstanding
loan and loan interest due). See "Other Policy Account Transactions --
Surrendering Your Policy For Cash" in Part 3.
2
<PAGE>
ADDITIONAL INFORMATION
YOUR RIGHT TO EXAMINE THIS POLICY. You have a right to examine the policy and,
if you wish, return it to us for a refund. Your request must be postmarked no
later than 10 days after you receive your policy. See "Your Right To Examine The
Policy" in Part 3.
YOUR RIGHT TO EXCHANGE THIS POLICY. Within 24 months of your policy's Issue
Date, you may exchange it for a policy of permanent fixed benefit life insurance
on the life of the insured person. This exchange will not require evidence of
insurability. See "Your Right To Exchange The Policy" in Part 3.
TAX EFFECTS OF SP-FLEX. Generally, the Insurance Benefit paid to the beneficiary
of this policy is not subject to Federal income tax. In addition, under current
Federal tax law, you do not generally have to pay income tax on any earnings in
your Policy Account as long as they remain in your Policy Account. See "Tax
Effects" in Part 4.
YOUR POLICY CAN LAPSE. This policy will remain in force for the life of the
insured person unless the unpaid portion of any amount you have borrowed under
your policy plus unpaid loan interest exceeds your policy's Cash Surrender
Value. Your policy could also lapse if your policy's Net Cash Surrender Value is
insufficient to pay the deduction for the cost of insurance charge. See "Your
Policy Can Lapse" in Part 3.
RATES OF RETURN
The rates of return shown below are based on the actual investment performance,
after deduction for investment management fees and direct Trust operating
expenses, of the portfolios of the Trust (other than the High Yield and Global
Portfolios) for the periods ending June 30, 1987. The High Yield and Global
Portfolios received their initial funding on January 2, 1987 and August 31,
1987, respectively. The historical performance of the Common Stock and Money
Market Portfolios for periods prior to March 22, 1985 has been adjusted to
reflect current investment management fees of .40% per annum and .10% per annum
in estimated direct Trust operating expenses. See "Predecessors of the Trust" in
Part 2.
These rates of return do not reflect the 1.80% Policy Account charges which
reduce the actual return to policyowners. Also, the rates do not reflect the
surrender charge you may incur if you surrender your policy or allow it to
lapse. (See "Charges -- Policy Account Charges" in Part 3). Accordingly, these
rates are not illustrative of how actual investment performance will affect the
benefits under your policy (see, however, "Hypothetical Illustrations").
Moreover, these rates of return are not an estimate or guarantee of future
performance. You may, however, consider these rates of return in assessing the
competence and performance of the Trust's investment adviser.
PORTFOLIO 10 YEARS 5 YEARS 3 YEARS 1 YEAR
-------- ------- ------- ------
Aggressive Stock(a)... -- -- -- 23.1%
Common Stock.......... 19.0% 28.5% 29.4% 18.4%
Balanced(a)........... -- -- -- 10.9%
Money Market(a)....... -- 8.7% 7.9% 6.0%
- ----------
(a) The Aggressive Stock and Balanced Portfolios received their initial funding
on January 27, 1986, and the predecessor of the Money Market Portfolio
received its initial funding on July 13, 1981.
Additional information regarding the investment performance of the portfolios of
the Trust appears in the attached Trust prospectus.
3
<PAGE>
HYPOTHETICAL ILLUSTRATIONS
To demonstrate how the actual investment experience of the Separate Account
divisions will affect the Insurance Benefit, Policy Account and Cash Surrender
Values under SP-Flex, we have developed hypothetical illustrations for the
Common Stock and Money Market Divisions which invest in the Common Stock and
Money Market Portfolios of the Trust.
ADJUSTMENTS AND ASSUMPTIONS. Because the historical charges against the
predecessors of the Common Stock and Money Market Portfolios (See "Predecessors
Of The Trust" in Part 2) differed from the charges currently applicable, the
historical performance has been adjusted to reflect the current maximum annual
investment management fee of .40% and estimated direct operating expenses of
.10% per year.
In addition, we have assumed that the Separate Account has been in existence
since January 1, 1977 and that the Policy Account charges applied during the
periods shown. We have developed these illustrations based on both the current
Policy Account charges at the effective annual rate of 1.80% and the charges
that would apply if the maximum cost of insurance charges permitted under your
policy were imposed. See "Charges -- Policy Account Charges" in Part 3. These
adjustments were made only for the value of Trust shares on the policy
anniversaries shown, not on a daily basis as the current charges would be made.
EXPLANATION OF EXAMPLES. The examples of policy performance that follow are for
a specific age, sex and policy anniversary and are not an estimate or guarantee
of future performance. They assume that no additional premium payments have been
made and that no transfer charges have been incurred. Part of the increase in
the Cash Surrender Values in these examples is due to the 1% annual decrease in
the surrender charge which applies during the first seven policy years.
THE COMMON STOCK DIVISION. The following examples show how the hypothetical net
return of the Common Stock Division and its predecessors would have affected
benefits for a policy dated January 1, 1977. Assume that the insured person was
a male age 35 and that a single premium of $20,000 was paid on January 1, 1977.
The examples also assume that the premium and related Policy Account and Cash
Surrender Values were in the Common Stock Division for the entire period.
SP-FLEX
VARIABLE LIFE INSURANCE POLICY WITH ADDITIONAL PREMIUM OPTION
($79,452 Initial Insurance Benefit Standard Risk)
Based on Current Charges
<TABLE>
<CAPTION>
POLICY ANNIVERSARY
ON JAN. 1 OF INSURANCE BENEFIT POLICY ACCOUNT VALUE CASH SURRENDER VALUE
- ------------------ ----------------- -------------------- --------------------
<S> <C> <C> <C>
1978.............. $ 67,972 $17,686 $16,486
1979.............. 70,968 19,085 18,085
1980.............. 84,688 23,534 22,734
1981.............. 124,451 35,732 35,132
1982.............. 111,676 33,122 32,722
1983.............. 121,774 37,298 37,098
1984.............. 148,589 46,988 46,988
1985.............. 137,952 45,029 45,029
1986.............. 176,735 59,529 59,529
1987.............. 200,793 69,771 69,771
</TABLE>
4
<PAGE>
SP-FLEX
VARIABLE LIFE INSURANCE POLICY WITH ADDITIONAL PREMIUM OPTION
($79,452 Initial Insurance Benefit Standard Risk)
Based on Maximum Charges
<TABLE>
<CAPTION>
POLICY ANNIVERSARY
ON JAN. 1 OF INSURANCE BENEFIT POLICY ACCOUNT VALUE CASH SURRENDER VALUE
- ------------------ ----------------- -------------------- --------------------
<S> <C> <C> <C>
1978.............. $ 67,963 $17,683 $16,483
1979.............. 70,942 19,078 18,078
1980.............. 84,624 23,516 22,716
1981.............. 124,286 35,685 35,085
1982.............. 111,442 33,052 32,652
1983.............. 121,397 37,182 36,982
1984.............. 147,937 46,781 46,781
1985.............. 137,137 44,763 44,763
1986.............. 175,371 59,069 59,069
1987.............. 198,830 69,089 69,089
</TABLE>
As of June 30, 1987, under current and maximum charges, respectively, the
Insurance Benefit would have increased to $255,354 and $252,566; the Policy
Account Value would have increased to $88,729 and $87,761; and the Cash
Surrender Value would have increased to $88,729 and $87,761.
THE MONEY MARKET DIVISION. The following examples show how the hypothetical net
return of the Money Market Division and its predecessors would have affected
benefits for a policy dated January 1, 1982. Assume that the insured was a male
age 35 and that a single premium of $20,000 was paid on January 1, 1982. The
examples also assume that the premium and related Policy Account and Cash
Surrender Values were in the Money Market Division for the entire period.
SP-FLEX
VARIABLE LIFE INSURANCE POLICY WITH ADDITIONAL PREMIUM OPTION
($79,452 Initial Insurance Benefit Standard Risk)
Based on Current Charges
<TABLE>
<CAPTION>
POLICY ANNIVERSARY
ON JAN. 1 OF INSURANCE BENEFIT POLICY ACCOUNT VALUE CASH SURRENDER VALUE
- ------------------ ----------------- -------------------- --------------------
<S> <C> <C> <C>
1983.............. $85,279 $22,189 $20,989
1984.............. 88,319 23,751 22,751
1985.............. 93,003 25,845 25,045
1986.............. 95,680 27,471 26,871
1987.............. 96,995 28,767 28,367
</TABLE>
SP-FLEX
VARIABLE LIFE INSURANCE POLICY WITH ADDITIONAL PREMIUM OPTION
($79,452 Initial Insurance Benefit Standard Risk)
Based on Maximum Charges
<TABLE>
<CAPTION>
POLICY ANNIVERSARY
ON JAN. 1 OF INSURANCE BENEFIT POLICY ACCOUNT VALUE CASH SURRENDER VALUE
- ------------------ ----------------- -------------------- --------------------
<S> <C> <C> <C>
1983.............. $85,267 $22,186 $20,986
1984.............. 88,286 23,742 22,742
1985.............. 92,933 25,826 25,026
1986.............. 95,554 27,435 26,835
1987.............. 96,792 28,707 28,307
</TABLE>
As of June 30, 1987, under current and maximum charges, respectively, the
Insurance Benefit would have increased to $98,964 and $98,709; the Policy
Account Value would have increased to $29,351 and $29,276; and the Cash
Surrender Value would have increased to $28,951 and $28,876.
OTHER ILLUSTRATIONS. We have also prepared illustrations based on assumed rates
of return. See "Illustrations Of Insurance Benefit, Policy Account And Cash
Surrender Values, And Accumulated Premiums" in Part 5.
5
<PAGE>
PART 2: DETAILED INFORMATION ABOUT EQUITABLE VARIABLE
AND SP-FLEX INVESTMENT CHOICES
EQUITABLE VARIABLE
Equitable Variable, a wholly-owned subsidiary of Equitable, was organized in
1972 in New York State as a stock life insurance company. We are licensed to do
business in all 50 states, Puerto Rico, the Virgin Islands and the District of
Columbia.
We sell both traditional and innovative forms of life insurance designed to give
policyowners maximum choice and flexibility. In 1976 we began selling variable
life insurance policies with insurance benefits that varied with the experience
of each policy's investment account. In 1983 we began selling variable life
insurance policies which could be purchased with a single premium payment. In
1986 we introduced variable life insurance policies which, within limits,
permitted premium payments to be made on a flexible basis. We also sell single
premium annuity contracts, fixed life insurance, term life insurance and
universal life insurance.
At the end of 1986, we had approximately $9.7 billion of variable life insurance
in force and $47.1 billion of fixed life insurance in force. We also had $1.9
billion of fixed annuity payment obligations.
Our financial statements and those of the Separate Account are in Part 6.
EQUITABLE
Equitable is a New York mutual life insurance company that has its home office
at 787 Seventh Avenue, New York, New York 10019.
Equitable has been in business since 1859. Its total assets make it the third
largest life insurance company in the United States. On December 31, 1986, these
assets were approximately $55 billion. Equitable is also one of the largest
managers of pension fund assets in the United States. On December 31, 1986,
Equitable and its subsidiaries were managing pension fund assets of $66.2
billion and total assets of $102.7 billion. These assets include amounts in our
General Account, Equitable's General Account and separate accounts, and other
accounts managed by Equitable and Equitable Capital.
On December 31, 1986, Equitable Capital was managing approximately $30 billion
in assets. Equitable Capital acts as an investment adviser to various separate
accounts and general accounts of Equitable and other affiliated insurance
companies. Equitable Capital also provides management and consulting services to
mutual funds, endowment funds, insurance companies, foreign entities, and
non-tax-qualified corporate funds, pension and profit-sharing plans, foundations
and tax-exempt organizations.
EQUITABLE'S INVESTMENT IN EQUITABLE VARIABLE. Between the time Equitable
Variable was organized and December 31, 1986, Equitable invested over $570
million in us. We have used the money to help meet operational costs and policy
reserve requirements. Equitable will probably invest more money in us in the
future, although it has no legal obligation to do so. Equitable's assets do not
back the benefits that we pay under our policies.
DONALDSON, LUFKIN & JENRETTE, INC. Donaldson, Lufkin & Jenrette, Inc. (DLJ) is a
wholly-owned subsidiary of Equitable. DLJ and its subsidiaries offer investment
banking and securities services, market independently originated research to
institutions and supply correspondent services, including order execution,
securities clearance and other centralized financial services, to approximately
300 independent regional securities firms and 100 banks. To the extent permitted
by law, we and our separate accounts, Equitable and its separate accounts, and
companies affiliated with us, including the Trust, may engage in securities or
other transactions with DLJ and its subsidiaries, including buying shares of
affiliated investment companies.
6
<PAGE>
INVESTMENT CHOICES
Your entire initial premium and, after deduction of a $25 administrative charge,
any additional premiums you pay are put into your Policy Account. The amounts in
your Policy Account are allocated to one or more of the divisions of the
Separate Account according to the directions you provide. See "Premiums -- You
Direct The Investment Of Your Premiums" in Part 3.
THE SEPARATE ACCOUNT AND ITS DIVISIONS
A UNIT INVESTMENT TRUST. The Separate Account is our Separate Account FP,
established on April 19, 1985 under the Insurance Law of the State of New York
as a unit investment trust registered with the Securities and Exchange
Commission (SEC) under the Investment Company Act of 1940. The registration does
not involve any supervision by the SEC of the management or investment policies
of the Separate Account. A unit investment trust is a type of investment
company.
THE INVESTMENT DIVISIONS OF THE SEPARATE ACCOUNT. The Separate Account has six
investment divisions, each of which invests in shares of a corresponding
portfolio of the Trust. Currently, the Separate Account has Aggressive Stock,
High Yield, Global, Common Stock, Balanced and Money Market Divisions.
OTHER POLICIES USE THE SEPARATE ACCOUNT. Premiums from our flexible premium
variable life insurance policies also are, and premiums from other policies may
also be, allocated to the Separate Account. These policyowners will participate
in the Separate Account in proportion to the amounts in the Separate Account
relating to their policies. We may also permit charges owed to us to stay in the
Separate Account. Thus, we may also participate proportionately in the Separate
Account. These accumulated amounts belong to us and we may transfer them from
the Separate Account to our General Account.
WE OWN THE ASSETS OF THE SEPARATE ACCOUNT. Under New York law, we own the assets
of the Separate Account and use them to support your policy and other variable
life policies. The portion of the Separate Account's assets supporting these
policies may not be used to satisfy liabilities arising out of any other
business of ours. Under certain unlikely circumstances, one division of the
Separate Account may be liable for claims relating to the operations of another
division.
THE TRUST
The Trust is an open-end diversified management investment company, more
commonly called a mutual fund. As a "series" type of mutual fund, it issues
several different "series" of stock, each of which relates to a different Trust
portfolio with a different investment policy. The Trust does not impose a sales
charge or "load" for buying and selling its shares. The Trust's shares are
bought and sold by the Separate Account at net asset value. The Trust's
custodian is The Chase Manhattan Bank, N.A.
The Trust sells its shares to separate accounts of insurance companies, both
affiliated and not affiliated with Equitable. We currently do not foresee any
disadvantages to our policyowners arising out of this. However, the Trust's
Board of Trustees intends to monitor events in order to identify any material
irreconcilable conflicts that possibly may arise and to determine what action,
if any, should be taken in response. If we believe that the Trust's response to
any of those events insufficiently protects our policyowners, we will see to it
that appropriate action is taken to protect our policyowners. Also, if we ever
believe that any of the Trust's portfolios is so large as materially to impair
the investment performance of a portfolio or the Trust, we will examine other
investment options.
More detailed information about the Trust, its investment policies, risks,
expenses and all other aspects of its operations, appears in its prospectus,
which is attached to this prospectus, and in its Statement of Additional
Information referred to therein.
7
<PAGE>
PREDECESSORS OF THE TRUST
Pursuant to a Plan of Reorganization approved by policyowners, we restructured
our Separate Accounts I and II into one separate account in unit investment
trust form, with two investment divisions, effective March 22, 1985. The assets
and related liabilities of Separate Accounts I and II were transferred to the
Common Stock and Money Market Portfolios, respectively, of The Hudson River
Fund, Inc., in exchange for shares of the Fund's portfolios.
On September 30, 1987, pursuant to an Agreement and Plan of Reorganization
approved by policyowners, The Hudson River Fund, Inc., a Maryland corporation,
was reorganized as a Massachusetts business trust and its name was changed to
The Hudson River Trust. Refer to the prospectus for the Trust for further
information.
INVESTMENT OBJECTIVES OF THE PORTFOLIOS
Each portfolio has a different investment objective which it tries to achieve by
following separate investment policies. The objectives and policies of each
portfolio will affect its return and its risks. Remember that the investment
experience of the investment divisions of our Separate Account depends on the
performance of the corresponding Trust portfolios. The policies and objectives
of the Trust's portfolios are as follows:
<TABLE>
<CAPTION>
PORTFOLIO INVESTMENT POLICY OBJECTIVE
- ------------------- ---------------------------------------------- ---------------------------------------------
<S> <C> <C>
AGGRESSIVE STOCK... Primarily common stocks and other equity-type Long-term growth of capital
securities issued by medium and smaller sized
companies with strong growth potential
HIGH YIELD......... Primarily a diversified mix of high yield, High return by maximizing current income and,
fixed income securities involving greater to the extent consistent with that objective,
volatility of price and risk of principal capital appreciation
and income than high quality fixed income
securities
GLOBAL............. Primarily equity securities of non-United Long term growth of capital, with current
States as well as United States companies income as a secondary objective
COMMON STOCK....... Primarily common stock and other equity-type Long-term growth of capital and increasing
instruments income
BALANCED........... Common stocks, publicly-traded debt High return through a combination of current
securities and high quality money market income and capital appreciation
instruments
MONEY MARKET....... Primarily high quality short-term money High level of current income while preserving
market instruments assets and maintaining liquidity
</TABLE>
There is no guarantee that these objectives will be achieved.
8
<PAGE>
THE TRUST'S INVESTMENT ADVISER
The Trust is advised by Equitable Capital, a wholly-owned subsidiary of
Equitable. Equitable Capital is registered with the SEC as an investment adviser
under the Investment Advisers Act of 1940. Equitable Capital's address is 1285
Avenue of the Americas, New York, New York 10019.
The advisory fee payable by the Trust is based on annual percentages of the
value of each portfolio's daily average net assets. The annual percentages for
the portfolios corresponding to the divisions available for investment under
SP-Flex are as follows:
DAILY AVERAGE NET ASSETS
----------------------------------------------
LESS THAN $350 TO GREATER THAN
$350 MILLION $750 MILLION $750 MILLION
------------ ------------ ------------
COMMON STOCK, MONEY MARKET AND
BALANCED PORTFOLIOS ............ .400% .375% .350%
AGGRESSIVE STOCK PORTFOLIO ....... .500% .475% .450%
HIGH YIELD AND GLOBAL PORTFOLIOS . .550% .525% .500%
9
<PAGE>
PART 3: DETAILED INFORMATION ABOUT SP-FLEX
PREMIUMS
You purchase SP-Flex with a single initial premium due on or before the delivery
of the policy. However, you may pay additional premiums after the second policy
year, subject to certain conditions. The payment of additional premiums, if
accepted by us, would increase the Insurance Benefit otherwise payable under
your policy. See "Insurance Benefit." We reserve the right to limit additional
premium payments to the extent necessary for the policy to continue to qualify
as life insurance under applicable state law. See "Tax Effects -- Policy
Proceeds" in Part 4.
Before issuing a policy or accepting any additional premium payments, we require
satisfactory evidence of insurability. If we determine not to issue you a policy
or decline to accept an additional premium, we will refund the initial premium
or additional premium (exclusive of any interest or investment experience), as
the case may be, to you. Any additional premium which we refund will have no
effect on the value of your Policy Account. Additional premiums may be accepted
to age 78.
The minimum initial premium for policies on insured persons over age 30 is
$10,000 (age 30 or under, the minimum is $5,000). No insurance will take effect
before the minimum initial premium is paid. The minimum amount of any additional
premium payment is currently $1,000. We may increase the minimum amount of any
additional premium payment 90 days after we notify you.
YOU DIRECT THE INVESTMENT OF YOUR PREMIUMS. Your entire initial premium is put
in your Policy Account as of the later of the Register Date shown on page 3 of
your policy when it is issued or the date we receive your initial premium at our
Administrative Office. After deduction of a $25 administrative charge, any
additional premium you pay is put in your Policy Account as of the later of the
date we receive any required medical evidence or the date we receive any
additional premium at our Administrative Office. Amounts become subject to
charges and begin to vary with the investment experience of the divisions of the
Separate Account as of the date they are put in your Policy Account.
You direct how the amounts in your Policy Account will be allocated among the
divisions of the Separate Account. See "The Separate Account And Its Divisions"
and "The Trust" in Part 2.
You make your initial decision regarding premium allocation on the application
for your policy. Allocation percentages must be zero or a whole number not
greater than 100. The sum of premium allocation percentages must equal 100. You
may change such allocation percentages by written notice to our Administrative
Office. A change will take effect on the date we receive it at our
Administrative Office and will apply to additional premiums received after that
date. You may also, within limits, transfer amounts in your Policy Account among
the divisions of the Separate Account. See "Other Policy Account Transactions --
Transfers Among Investment Choices".
CHARGES
DEDUCTIONS FROM PREMIUMS. No deduction is made from your initial premium before
it is put into your Policy Account. However, any additional premiums you chose
to pay are subject to a $25 administrative charge. This charge is designed to
reimburse us for the additional administrative costs we will incur as a result
of an additional premium payment and we do not expect to gain from it.
POLICY ACCOUNT CHARGES. Currently, the amounts allocated to the divisions of the
Separate Account are charged on a daily basis for mortality and expense risks
and administrative costs at effective annual rates of .85% and .35%,
respectively. We also make a daily charge at the current effective annual rate
of .60% for the cost of insurance under the policies. See "Your Policy Account
Value -- How We Determine Unit Value".
10
<PAGE>
We guarantee that the rates for mortality and expense risks and administrative
costs will not increase and that the cost of insurance charges will not exceed
our guaranteed maximum (described below). In addition, we reserve the right to
make a charge in the future for taxes or provisions made for taxes. See "Tax
Effects -- Our Income Taxes" in Part 4.
o MORTALITY AND EXPENSE RISKS. In issuing an SP-Flex policy, we assume the
mortality risk that insured persons may live for shorter periods of time than
expected. The expense risk we assume is that the costs of issuing and
administering policies may be greater than estimated.
If the amount collected from the charge for mortality and expense risk exceeds
the amount needed, it will be to our benefit.
o COST OF INSURANCE. We guarantee that the cost of insurance charges under your
policy will never be more than the cost based on the Commissioner's 1980
Standard Ordinary Male and Female Mortality Tables for the "net amount at
risk" attributable to your Policy. The net amount at risk is the excess of
your Insurance Benefit over the amount in your Policy Account (net of any
unpaid cost of insurance charges). Congress and the legislatures of various
states have from time to time considered legislation that would require
insurance rates to be the same for males and females of the same age and risk
class. In Montana, there will be no distinctions based on sex.
Subject to the guaranteed maximum cost of insurance charges described in the
preceding paragraph, instead of making a daily charge for cost of insurance, as
discussed above, we reserve the right to make a charge at the end of a policy
year for that year's cost of insurance based on the amount in your Policy
Account and the sex and attained age of the insured person. The charge would be
deducted from your Policy Account based on the proportion that your value in
each division of the Separate Account bears to your total value in the
divisions. Also, in determining the Insurance Benefit and Cash Surrender Value
under your policy, we would deduct from the Policy Account an amount equal to
any unpaid cost of insurance charge (determined on a pro rata basis for the
portion of the policy year for which such charge applies).
Your policy could lapse if your policy's Net Cash Surrender Value is
insufficient to pay the deduction for the cost of insurance charge. See "Your
Policy Can Lapse".
o ADMINISTRATIVE COSTS. In connection with issuing your policy we incur
administrative costs, such as premium taxes and costs for application
processing, medical examinations, establishing policy records and
underwriting. In addition, we incur the continuing costs of maintaining your
policy, such as claims processing, recordkeeping, communication with
policyowners and other expenses and overhead. The charge for administrative
costs is designed to reimburse us for such expenses. In the aggregate, we
expect that the charges for administrative costs, including the $25
administrative charge deducted from additional premium payments, will be
approximately equal to the related expenses.
EXPENSES OF THE TRUST. The Separate Account purchases shares of the Trust at
their net asset value which reflects the management fees and other expenses
deducted from the assets of the Trust. The Trust does not impose a sales charge.
See "The Trust" in Part 2.
SURRENDER CHARGE. We incur expenses in selling SP-Flex, such as commissions, the
cost of sales literature and other promotional activities and other direct and
indirect expenses. To help recover these expenses, a surrender charge is imposed
if you surrender your policy or allow it to lapse. The surrender charge is a
contingent deferred sales load. If sales expenses are not covered by the
surrender charge, we will recover them from other funds, including funds derived
from any excess of other charges under this policy over our related costs.
11
<PAGE>
The surrender charge is calculated as a percentage of premium payments and
applies on a declining basis over a fixed surrender charge period. The portion
of the charge based on the initial premium equals 7% of the initial premium and
declines 1% in each successive policy year until it reaches zero at the
beginning of the eighth policy year. The portion of the surrender charge based
on each additional premium payment equals 5% of the additional premium during
the policy year the premium was paid and declines 1% in each successive policy
year until it reaches zero at the end of the fifth such policy year. The
surrender charge is reflected as the difference between the amount in your
Policy Account and the Cash Surrender Value during the surrender charge period.
TRANSFER CHARGE. Currently, we do not charge for transfers of Policy Account
value. However, we may impose a charge in the future of up to $25 for each
additional transfer if you make more than four transfers in a policy year. Any
transfer charge would be designed to reimburse us for the costs of effecting the
additional transfers.
All transfers included in one transfer request will count as one transfer for
purposes of the charge. The charge will be deducted from the divisions of the
Separate Account based on the proportion that your value in each division of the
Separate Account bears to your total value in the divisions. See "Other Policy
Account Transactions -- Transfers Among Investment Choices".
INSURANCE BENEFIT
We pay an Insurance Benefit (net of any indebtedness) to the beneficiary of this
policy when the insured person dies. However, see "Your Policy Can Lapse". The
Insurance Benefit varies daily to reflect the investment experience of the
assets supporting your policy. See "Your Policy Account Value".
The Insurance Benefit is the amount in your Policy Account on the day the
insured person dies less any unpaid cost of insurance charges through the date
of death, times the factor for the insured person's sex and age (nearest
birthday) at the beginning of the policy year of the insured person's death. In
Montana, there will be no distinctions based on sex. The initial Insurance
Benefit equals the applicable factor times your initial premium.
Different factors apply in the initial policy year and in each subsequent policy
year. The factors generally decline as the insured person gets older. For ages
that are not shown on the following table, we will furnish the applicable
factors on request. If the insured person is still living on the policy
anniversary nearest his or her 100th birthday, we will pay you the amount in
your Policy Account (net of any indebtedness and unpaid cost of insurance
charges). The policy will then end.
We reserve the right to make changes to the factors to the extent necessary to
continue to qualify SP-Flex as life insurance under applicable tax law. See "Tax
Effects -- Policy Proceeds" in Part 4.
SP-FLEX
- --------------------------------------------------------------------------------
TABLE OF FACTORS USED IN DETERMINING INSURANCE BENEFIT
AGE MALE FEMALE AGE MALE FEMALE
--- ---- ------ --- ---- ------
0 12.3773 14.2337 55 2.1412 2.4901
5 11.0429 12.6564 60 1.8740 2.1577
10 9.4234 10.8128 65 1.6584 1.8762
15 7.4164 9.1817 70 1.4880 1.6474
20 6.3938 7.8159 75 1.3546 1.4601
25 5.5051 6.6467 80 1.2560 1.3188
30 4.6874 5.6364 85 1.1812 1.2135
35 3.9726 4.7761 90 1.1277 1.1398
40 3.3717 3.9423 95 1.0748 1.0764
45 2.8779 3.3649 99 1.0198 1.0198
50 2.4728 2.8872
12
<PAGE>
EXAMPLE: If the insured person was a male who was age 35 (nearest birthday) at
the beginning of the policy year of his death and you had $20,000 in your Policy
Account on the date of his death, the Insurance Benefit would be 3.9726 times
$20,000, or $79,452.
If you have submitted an application and paid the full initial premium,
Equitable Variable may, subject to certain conditions, provide a limited amount
of temporary insurance on the person proposed to be insured. You may review a
copy of Equitable Variable's Temporary Insurance Agreement on request. No
insurance under your policy will take effect: (a) until a policy is delivered
and the full initial premium is paid while the person proposed to be insured is
living and (b) unless the information in the application continues to be true
and complete, without material change, as of the time the premium is paid.
YOUR POLICY ACCOUNT VALUE
The amount in your Policy Account is the sum of the amounts you have in the
various divisions of our Separate Account and in your Loaned Policy Account
(amounts set aside to secure any borrowing you have made under your policy).
Your Policy Account also reflects various charges on a daily basis. Transfer
charges or surrender charges are made as of the effective date of the
transaction. See "Charges". Any amount allocated to an investment division of
the Separate Account will vary depending on the investment experience of that
division; there is no guaranteed minimum cash value.
AMOUNTS IN THE SEPARATE ACCOUNT. Amounts allocated or transferred to the
divisions of the Separate Account are used to purchase units. The amount you
have in each division is represented by the value of the units credited to your
Policy Account for that division. The number of units purchased or redeemed in a
division of the Separate account is calculated by dividing the dollar amount of
the transaction by the division's SP-Flex unit value calculated after the close
of business that day. The value of units fluctuates with the investment
performance of the corresponding portfolios of the Trust, which reflects the
investment income and realized and unrealized capital gains and losses of the
portfolios and Trust expenses. Currently, the SP-Flex unit values also reflect
all Policy Account charges. See "Charges -- Policy Account Charges". The number
of units credited to you, however, will not vary because of changes in unit
values. On any given day, the value you have in an investment division of the
Separate Account is the SP-Flex unit value times the number of units credited to
you in that division.
The units of each division of the Separate Account have different unit values.
In addition, units attributable to SP-Flex policyowners will have different unit
values than those attributable to owners of Incentive Life(TM), our flexible
premium variable life insurance policies.
Units of a division are purchased when you allocate premiums, repay loans or
transfer amounts to that division and, if the division already has value in it,
when interest is credited on your Loaned Policy Account. Units are redeemed or
sold when you transfer amounts from a division of the Separate Account
(including transfers to your Loaned Policy Account), surrender your policy or
allow it to lapse, and to pay the Insurance Benefit when the insured person
dies. Units would also be redeemed to pay cost of insurance charges if we
commenced to impose such charges at the end of a policy year instead of
reflecting the charges in the unit value calculation.
HOW WE DETERMINE UNIT VALUE. We determine the SP-Flex unit values for the
divisions of our Separate Account at the end of each business day. Generally, a
business day is any day we are open and the New York Stock Exchange is open for
trading. However, we are closed on Martin Luther King Day and the Friday after
Thanksgiving Day, and we will not process any policy transaction as of such
days, other than a policy anniversary report or the payment of the Insurance
Benefit under a policy. The SP-Flex unit value for each division will be set at
$100 on the first day there are policy transactions in the division. After that,
the SP-Flex unit value for any business day is equal to the SP-Flex unit value
for the preceding business day multiplied by the net investment factor for that
division on that business day.
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<PAGE>
Currently, an SP-Flex net investment factor is determined for each investment
division every business day as follows:
o First, we take the value of the shares belonging to the division in the
corresponding Trust portfolio at the close of business that day (before
giving effect to any policy transactions for that day, such as premium
payments or surrenders). For that purpose, the share value reported by the
Trust is used.
o Next, we add any dividends or capital gains distributions paid by the Trust
on that day.
o Then, we divide this amount by the value of the amounts in the division at
the close of business on the preceding business day (after giving effect to
any policy transactions on that day).
o Then, we subtract a daily asset charge for each calendar day between business
days (for example, a Monday calculation may include charges for Saturday and
Sunday). The current daily charge is .00004932, which is an effective annual
rate of 1.80%. This charge is for mortality and expense risks, current costs
of insurance and administrative charges. See "Charges -- Policy Account
Charges".
Currently, a .00001644 charge for cost of insurance is included in the daily
asset charge deducted in determining the SP-Flex net investment factor. This
represents an effective annual rate of .60%. We may impose higher cost of
insurance charges and may also change the method by which we deduct such
charges. See "Charges -- Policy Account Charges".
BORROWING FROM YOUR POLICY ACCOUNT
You may borrow money, using only your policy as security for the loan, at any
time your policy has a loan value in excess of the minimum loan amount shown in
the policy when it is issued (usually $500). The loan value on any date is 95%
of the Cash Surrender Value on that date. The amount of a loan may not be more
than the loan value.
Subject to the preceding paragraph, you may borrow additional money after your
initial loan. If you request an additional loan, the amounts of any outstanding
loan and loan interest will be added to the additional amount requested and will
be considered a request for a new loan for the total amount for purposes of
determining the amount you may borrow. Any amount that secures a loan remains
part of your Policy Account but is transferred from your value in the divisions
of the Separate account to your Loaned Policy Account.
HOW TO REQUEST A LOAN. You may request a loan by contacting our Administrative
Office. You may tell us how much of the loan you want taken from your amounts in
each investment division of the Separate Account. If you request a loan from a
division of the Separate Account, we will redeem units sufficient to cover that
part of the loan and transfer the amount to your Loaned Policy Account. The
amounts you have in each division will be determined as of the day your request
for a loan is received at our Administrative Office.
Unless you indicate how you wish to allocate the loan, the loan will be
allocated based on the proportions that your values in each division of the
Separate Account bear to your total value in the divisions. The loan will also
be allocated this way if it cannot be allocated as you indicate.
POLICY LOAN INTEREST. Interest on a loan accrues daily, at a maximum annual rate
of 4%. However, the interest you earn on your Loaned Policy Account, in effect,
either partially or fully offsets the interest you are charged for your loan.
Your policy can lapse if the unpaid portion of any amount you have borrowed
under a policy plus any unpaid loan interest exceeds the Cash Surrender Value of
your policy. See "Your Policy Can Lapse". Generally, interest on a loan under
the policy will not be deductible for Federal income tax purposes.
14
<PAGE>
INTEREST ON YOUR LOANED POLICY ACCOUNT. We pay a declared interest rate on all
amounts set aside in your Loaned Policy Account. Interest on amounts in your
Loaned Policy Account is earned daily at an annual rate that equals the declared
rate for each policy year. At the time we issue a policy and before each policy
anniversary, we determine the rates that will apply to such amounts for the
following policy year.
o FOR UP TO A CERTAIN AMOUNT OF YOUR LOANED POLICY ACCOUNT, we will declare the
same interest rate we are then charging for policy loans. In effect, the
interest we declare on this amount will offset the interest charge for
borrowing this amount. We will redetermine this amount each time a new loan
or partial repayment is made and on each policy anniversary. The maximum
amount for this purpose is the lesser of:
o 50% of the amount in your Policy Account; or
o the portion of your Cash Surrender Value in excess of 85% of the total
premiums paid under your policy.
o FOR THE BALANCE OF YOUR LOANED POLICY ACCOUNT, we will declare a rate which
equals the rate we are then charging for policy loan interest reduced by no
more than 2%.
Interest credited on your Loaned Policy Account is allocated each policy
anniversary or upon full repayment of the loan to the divisions of the Separate
Account based on the proportion that your values in each division of the
Separate Account bear to your total value in the divisions.
EXAMPLE: Assume that you purchase a policy for a male age 35 for an initial
premium of $20,000. As illustrated in Part 5, assuming an 8% hypothetical gross
investment return, your policy would have a Cash Surrender Value of $19,909 and
a Policy Account value of $21,109 at the beginning of your second policy year.
On your first policy anniversary you could borrow a maximum of $18,914. Up to
$2,909 of this amount could be borrowed with the interest charged on the loan
being offset by the interest declared on your Loaned Policy Account.
These amounts are derived as follows:
o First, to determine the maximum amount you could borrow, multiply your Cash
Surrender Value by 95% ($19,909 times 95% equals $18,914).
o Then, to determine the amount you could borrow for which loan interest
charged would be fully offset by interest declared, take the less of (i) 50%
of the value of your Policy Account (50% of $21,109 equals $10,554), or (ii)
the portion of your Cash Surrender Value in excess of 85% of the premiums
paid under your policy ($19,909 less $17,000 [which is 85% of $20,000] equals
$2,909).
WHEN INTEREST IS DUE. Interest is due on each policy anniversary. If it is not
paid when due, it will be added to your outstanding loan and allocated based on
the proportion that your value in each division of the Separate Account bears to
your total value in the divisions. This means an additional loan is made to pay
the interest and amounts are withdrawn from the divisions of the Separate
Account and transferred to your Loaned Policy Account.
REPAYING THE LOAN. You may repay all or part of a policy loan at any time while
your policy is in force. While you have a policy loan, we assume that any money
you send us is meant to repay the loan. Any of these payments you wish to have
applied as premium payments will be subject to our normal procedures for
additional premiums. See "Premiums".
You may choose how you want us to allocate any repayments. If you do not provide
specific instructions, repayments will be allocated on the basis of your premium
allocation percentages then in effect.
15
<PAGE>
THE EFFECTS OF A POLICY LOAN. A loan against your policy will have a permanent
effect on the value of your Policy Account and, therefore, on the Insurance
Benefit under this policy, even if the loan is repaid. When you borrow on your
policy, the loan amount will not be available for investment in the divisions of
our Separate Account. Whether you earn more or less because of this depends on
the investment experience of the divisions of the Separate Account and the rates
declared for the amount in your Loaned Policy Account.
OTHER POLICY ACCOUNT TRANSACTIONS
CHANGING YOUR PREMIUM ALLOCATIONS. You may change the allocation percentages for
any additional premium payments by writing to our Administrative Office and
indicating the changes you wish to make. These changes will go into effect as of
the date your request is received at our Administrative Office and will affect
transactions on and after that date.
TRANSFERS AMONG INVESTMENT CHOICES. You may transfer amounts among your
investment choices by contacting our Administrative Office. You may request a
transfer of amounts from any division of the Separate Account to any other
division of the Separate Account. Currently, you may make transfers without
charge. However, we may impose a transfer charge in the future. See "Charges --
Transfer Charge".
A transfer will take effect as of the date we receive your request. The minimum
amount which may be transferred on any date will be shown on page 3 of your
policy when it is issued, and is usually $500. This minimum need not come from
any one division or be transferred to any one division as long as the total
amount transferred that day equals the minimum. However, we will transfer the
entire amount in any division of the Separate Account even if it is less than
the minimum specified in your policy. If you transfer the entire amount out of a
division of the Separate Account, that division will become inactive for
purposes of allocations of any additional premiums you pay. See "Changing Your
Premium Allocations", above, for the procedure to be followed if you want to
allocate additional premiums to an inactive division.
SURRENDERING YOUR POLICY FOR CASH. The Cash Surrender Value is the amount in
your Policy Account minus any unpaid cost of insurance charges and the surrender
charge described under "Charges -- Surrender Charge".
You may surrender your policy for its Net Cash Surrender Value at any time while
the insured person is living. You may do this by sending a written request and
the policy to our Administrative Office. The Net Cash Surrender Value equals the
Cash Surrender Value minus any outstanding loan and loan interest. We will
compute the Net Cash Surrender Value as of the date we receive your request and
the policy at our Administrative Office, and all insurance coverage under your
policy will end on that date. As to the tax consequences of surrendering your
policy, see "Tax Effects" in Part 4.
YOUR RIGHT TO EXAMINE THE POLICY
You have a right to examine the policy. If for any reason you are not satisfied
with it, you may cancel the policy within 10 days after your receive it. You may
cancel the policy by sending it to our Administrative Office with a written
request to cancel. Insurance coverage ends when you send your request.
Your request to cancel this policy must be postmarked no later than 10 days
after you receive the policy. If you cancel the policy, we will refund an amount
equal to the premiums that you paid.
YOUR RIGHT TO EXCHANGE THE POLICY
You may exchange this policy for a permanent fixed benefit life insurance policy
on the life of the insured. You have this right for 24 months from Issue Date of
your policy. The new policy will be our Flexible Premium Adjustable Life Plan.
You may review a copy of this policy on request.
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<PAGE>
The exchange will be effective when we receive your request, accompanied by your
policy and an application for the new policy. However, before the exchange is
effective, any outstanding loan must be repaid, along with any accrued loan
interest.
We will not require evidence of the insured person's insurability before an
exchange. The new policy will have the same Issue Date, Issue Age, and policy
anniversary as your SP-Flex policy. The face amount of insurance under the new
policy will equal the initial Insurance Benefit under the SP-Flex policy.
On the effective date of the exchange, the entire amount in your SP-Flex Policy
Account will be transferred to your Policy Account under the new policy.
However, if required for the new policy to qualify as life insurance for Federal
income tax purposes, a portion of the amount in your SP-Flex Policy Account may
be returned to you. We suggest that you or your tax adviser consult with us in
advance as to the portion, if any, of any such distribution which would be
subject to Federal income tax.
YOUR POLICY CAN LAPSE
Your policy can lapse if the unpaid portion of any amount you have borrowed
under your policy plus any unpaid loan interest is greater than the Cash
Surrender Value of your policy. Also, your policy could lapse if the deduction
for the cost of insurance charge exceeds your policy's Net Cash Surrender Value.
See "Charges -- Policy Account Charges".
When a loan plus loan interest first exceeds the Cash Surrender Value we will
mail you and any assignee of record, at last known addresses, a notice that the
policy will terminate if such excess amount is not repaid within 61 days after
we mail the notice. If we receive payment of this amount before the end of the
61-day period, the amount received will first be used to pay unpaid loan
interest. Any balance will be applied towards repayment of your loan. Any
remaining balance of your payment will be returned to you.
If the cost of insurance deduction made at the end of a policy year exceeds the
Net Cash Surrender Value of the policy, we will mail to you and any assignee of
record, at last known addresses, a notice that the policy will terminate if you
do not, within 61 days after we mailed the notice, make a premium payment equal
to (i) the amount of such excess plus $25, and (ii) 25% of the amount which
would be deducted on the next policy anniversary for annual cost of insurance
charges assuming the same Policy Account value existed as at the end of the most
recent policy year. The amount of this payment will be treated as an additional
premium payment, except that we will not require evidence of the insured
person's insurability nor will we impose any timing, amount or age limitations.
Any payment in excess of the amount required will be returned to you.
If we do not receive a required payment within the 61-day period, you policy
will lapse without value. A policy which lapses will not be reinstated. We will
inform you and any assignee, at last known addresses, that your policy has ended
without value. If your policy lapses during the surrender charge period you will
incur a surrender charge. See "Charges -- Surrender Charge". As to the tax
consequences of allowing your policy to lapse, see "Tax Effects -- Policy
Proceeds" in Part 4.
If the insured person dies during the 61-day period, we will pay the Insurance
Benefit to the beneficiary, minus any outstanding loan and loan interest and any
unpaid cost of insurance deduction through the date of death.
POLICY PERIODS, ANNIVERSARIES, DATES AND AGES
We measure policy years and policy anniversaries from the Register Date shown on
page 3 of your policy when it is issued. The Issue Date, shown on page 3 of your
policy, is the date your policy is actually issued. Except for any portion of
the Insurance Benefit attributable to an additional premium (see "Limits On Our
Right To Challenge The Policy"), contestability is measured from the Issue Date,
as is the suicide exclusion.
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<PAGE>
If the initial premium is received before the Issue Date of the policy, amounts
allocated to the Policy Account will become subject to charges and begin to vary
with the investment experience of the divisions of the Separate Account as of
the Register Date. The time between the submission of an application and the
Register Date will vary, depending on the underwriting and other requirements
for issuing a particular policy.
If the initial premium is received after the Issue Date, the Register Date will
be the same as the Issue Date and the initial premium will be put into the
Policy Account, become subject to charges and begin to vary with the investment
experience of the divisions of the Separate Account as of the date we receive it
at our Administrative Office.
As to when insurance coverage under SP-Flex starts, see "Insurance Benefit".
Generally, when we refer to the age of the insured person, we mean his or her
age on the birthday nearest to the beginning of the policy year.
LIMITS ON OUR RIGHT TO CHALLENGE THE POLICY
We can challenge the validity of your insurance policy based on material
misstatements in the application. However, there are limits on how and when we
can challenge the policy.
o We cannot challenge the policy after it has been in effect, during the
insured person's lifetime, for two years from the date the policy was issued.
(Some states may require that we measure this time in some other way.)
o We cannot challenge any increase in the Insurance Benefit attributable to an
additional premium after the increase has been in effect for two years during
the insured person's lifetime.
If the insured person dies within the time that we may challenge the validity of
the policy or increase, we may delay payment until we decide whether to
challenge the policy.
If the insured person's age or sex is misstated on any application, the
Insurance Benefit will be that calculated using the appropriate factor for the
insured person's correct age and sex. See "Insurance Benefit".
If the insured person commits suicide within two years after the date on which
the policy was issued, the Insurance Benefit paid will be limited to the initial
premium minus the amount of any outstanding policy loan and loan interest. If
the insured person commits suicide within two years after the date we receive
any additional premium for the policy at our Administrative Office, the
Insurance Benefit paid as a result of such additional premium will be limited to
such premium minus the amount of any outstanding policy loan and loan interest.
ADDITIONAL INFORMATION ABOUT SP-FLEX
WHEN WE PAY PROCEEDS. We will pay the Insurance Benefit (net of indebtedness),
Net Cash Surrender Value or loan proceeds within seven days after we receive the
required form or request (and other documents that may be required for payment
of the Insurance Benefit) at our Administrative Office. The Insurance Benefit is
determined as of the date of death of the insured person and will not be
affected by subsequent changes in the unit values of the investment divisions of
our Separate Account. We pay interest from the date of death to the date of
payment. If an Equitable agent helps the beneficiary of a policy to prepare the
documents that are required for payment of the Insurance Benefit, we will send
the check to the agent within seven days after we receive the required
documents. The agent will deliver the check to the beneficiary.
We may, however, delay payment if:
o We contest the policy; or
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<PAGE>
o We cannot determine the amount of the payment because the New York Stock
Exchange is closed, because trading in securities has been restricted by the
Securities and Exchange Commission, or because the SEC has declared that an
emergency exists.
We may also request the SEC to permit us to extend the seven day payment period
for the protection of our policyowners.
YOUR PAYMENT OPTIONS. The Insurance Benefit (net of indebtedness) or the Net
Cash Surrender Value may be paid in one sum or you may choose another form of
payment for all or part of the money. Payments under these options are not
affected by the investment experience of any investment division of our Separate
Account. Instead, interest accrues pursuant to the options chosen. If you do not
arrange for a specific form of payment before the insured person dies, the
beneficiary will have this choice. However, if you do make an arrangement with
us for how the money will be paid, the beneficiary cannot change the choice
after the insured person dies. Payment options will also be subject to our rules
at the time of selection. Currently, these alternate payment options are only
available if the proceeds applied are $2500 or more and any periodic payment
will be at least $25.
You have the following payment options:
o DEPOSIT OPTION: The money will stay on deposit with us for a period agreed
upon. You will receive interest on the money at a declared interest rate.
o INSTALLMENT PAYMENT OPTIONS: There are two ways that we pay installments:
FIXED PERIOD: We will pay the amount applied in equal installments plus
applicable interest, for a specific number of years (not more than 30).
FIXED AMOUNT: We will pay the sum in installments in an amount agreed
upon. We will pay the installments until we pay the original amount,
together with any interest earned.
o MONTHLY LIFE INCOME OPTION: We will pay the money as monthly income for life.
You may choose any one of three ways to receive the income: We will guarantee
payments for at least 10 years (called "10 Years Certain"); at least 20 years
(called "20 Years Certain"); or until the payments we make equal the original
sum (called "Refund Certain").
o OTHER: You may ask us to apply the money under any option that we make
available at the time the Insurance Benefit (net of indebtedness) or Net Cash
Surrender Value is paid.
We guarantee interest under the Deposit Option at the rate of 3% a year, and
under either Installment Option at 3-1/2% a year. We may also allow interest
under the Deposit Option and under either Installment Option at a rate that is
above the guaranteed rate.
The beneficiary or any other person who is entitled to receive payment may name
a successor to receive any amount that we would otherwise pay to that person's
estate if that person died. The person who is entitled to receive payment may
change the successor at any time.
We must approve any arrangements that involve more than one of the payment
options, or a payee who is not a natural person (for example, a corporation), or
a payee who is a fiduciary. Also, the details of all arrangements will be
subject to our rules at the time the arrangements take effect. This includes
rules on the minimum amount we will pay under an option, minimum amounts for
installment payments, withdrawal or commutation rights (your rights to receive
payments over time, for which we may offer a lump sum payment), the naming of
people who are entitled to receive payment and their successors, and the ways of
proving age and survival.
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You will make a choice of payment option (or any later changes) and your choice
will take effect in the same way as it would if you were changing a beneficiary.
(See "Your Beneficiary", below). Any amounts that we pay under the payment
options will not be subject to the claims of creditors or to legal process, to
the extent that the law provides.
YOUR BENEFICIARY. You name your beneficiary when you apply for the policy. The
beneficiary is entitled to the insurance benefits of the policy. You may change
the beneficiary during the insured person's lifetime by sending a written notice
to our Administrative Office. The change will take effect on the date you sign
the notice, but will not apply to any payment we make or other action we take
before we receive the notice. If no beneficiary is living when the insured
person dies, we will pay the Insurance Benefit in equal shares to the insured
person's surviving children. If there are no surviving children, we will pay the
Insurance Benefit to the insured person's estate.
ASSIGNING YOUR POLICY. You may assign (transfer) your rights in this policy to
someone else as collateral for a loan or for some other reason. If you do, a
copy of the assignment must be forwarded to our Administrative Office. We are
not responsible for any payment we make or any action we take before we receive
notice of the assignment or for the validity of the assignment. An absolute
assignment is a change of ownership.
EMPLOYEE BENEFIT PLANS. Employers and employee organizations should consider, in
consultation with counsel, the impact of Title VII of the Civil Rights Act of
1964 on the purchase of SP-Flex in connection with an employment-related
insurance or benefit plan. The United States Supreme Court held, in a 1983
decision, that, under Title VII, optional annuity benefits under a deferred
compensation plan could not vary on the basis of sex.
OUR REPORTS TO POLICYOWNERS. Shortly after the end of each policy year you will
receive a report indicating the current Insurance Benefit for your policy, the
value of your Policy Account, information about divisions of the Separate
Account, the Cash Surrender Value of your policy, the amount of any outstanding
policy loans, the amount of any interest owed on the loan and the current loan
interest rate. We will also send you semi-annual and annual reports with
financial information on the Separate Account and the Trust, including a list of
the investments held by each portfolio.
In addition, the report will also contain any other information that is required
by the insurance supervisory official in the jurisdiction in which the insurance
policy is delivered.
Notices will be sent to you for transfers of amounts between investment
divisions and certain other policy transactions.
DIVIDENDS. No dividends are paid on the policy described in this prospectus.
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PART 4: ADDITIONAL INFORMATION
TAX EFFECTS
POLICY PROCEEDS. The Deficit Reduction Act of 1984 (1984 Act) includes a
definition of life insurance for tax purposes. SP-Flex meets this definition of
life insurance and receives the same Federal income tax treatment as fixed
benefit life insurance. Thus:
o the Insurance Benefit under SP-Flex will be excludable from the gross income
of the beneficiary under Section 101(a)(1) of the Internal Revenue Code
(Code) and
o the policyowner will not be considered to have received any increases in the
Policy Account due to interest or investment experience before a surrender,
maturity or lapse of the policy.
If you surrender your policy or if it lapses or matures, you will not be taxed
on the amount you receive, except for that portion that, together with any
unpaid loan and loan interest, exceeds the premiums you have paid.
For you and your beneficiary to receive the above tax treatment, your policy
must initially qualify and continue to qualify as life insurance under
applicable tax law. To make sure that the policy continues to qualify, we have
reserved in the policy the right to decline to accept additional premium
payments that would cause your policy to fail to qualify as life insurance under
applicable tax law. We may also make changes in the policy (such as to the
factors used to determine the Insurance Benefit) or make payments from the
policy to the extent we deem necessary to qualify your policy as life insurance.
Any such change will apply uniformly to all policies that are affected. You will
be given advance written notice of such changes.
The 1984 Act also gives the Secretary of the Treasury authority to set standards
for diversification of the investments underlying variable life insurance
policies in order for such policies to be treated as life insurance. On
September 15, 1986, Treasury issued temporary regulations regarding the
diversification requirements. Failure to meet these diversification requirements
would disqualify SP-Flex as a variable life insurance policy under Section 7702
of the Code. If this were to occur, you would be taxed on the amount in your
Policy Account that exceeds the premiums you have paid. We believe that the
investments underlying SP-Flex are in compliance with the requirements. We do
not anticipate any problems with the investments continuing to meet the
requirements.
You will not be taxed on amounts transferred among investment choices within
your Policy Account. We also believe that loans received under the policies will
be treated as indebtedness of the policyowner, and that no part of any loan
under a policy will constitute income to the owner. Generally, interest on
policy loans under SP-Flex policies will not be deductible.
The Insurance Benefit under SP-Flex will generally be includable in the estate
of the insured for purposes of Federal estate tax. Federal estate tax is
integrated with Federal gift tax under a unified gift rate schedule. Federal
estate tax is imposed on distributions at graduated rates from 37% to 55% (with
the maximum rate applying to distributions in excess of $3,000,000). In general,
estates not in excess of $600,000 are exempt from Federal estate tax. In
addition, an unlimited marital deduction applies for Federal estate tax
purposes.
The particular situation of each policyowner or beneficiary will determine how
ownership or receipt of policy proceeds will be treated for purposes of Federal
estate tax as well as state and local estate, inheritance and other taxes. We
suggest you consult your tax adviser.
See the prospectus for the Trust for a discussion of the Trust's tax aspects,
including the diversification requirements.
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PENSION AND PROFIT-SHARING PLANS. If SP-Flex policies are purchased by a trust
which forms part of a pension or profit-sharing plan qualified under Section
401(a) of the Code for the benefit of participants covered under the plan, the
Federal income tax treatment of such policies will be somewhat different from
that described above. We suggest you consult your legal or tax adviser.
If purchased as part of a pension or profit-sharing plan, the current cost of
insurance for the net amount at risk is treated as a "current fringe benefit"
and is required to be included annually in the plan participant's gross income.
This cost (generally referred to as the "P.S. 58" cost) is reported to the
participant annually as an addition to wages and salaries on the Form W-2
furnished by the employer who is maintaining the plan.
If the plan participant dies while covered by the plan and the policy proceeds
are paid to the participant's beneficiary, then the excess of the Insurance
Benefit over the value of the Policy Account will not be subject to Federal
income tax. However, the value of the Policy Account will be taxable to the
extent it exceeds the sum of $5,000 plus the participant's cost basis in the
policy. The participant's cost basis will include the costs of insurance
previously reported on the participant's Form W-2. Special rules may apply if
the participant had borrowed from his Policy Account or was an owner-employee
under the plan.
There are limits on the amount of life insurance that may be purchased on behalf
of a participant in a pension or profit-sharing plan. Complex rules, in addition
to those discussed above, apply whenever life insurance is purchased by a tax
qualified plan. We suggest you consult your legal or tax adviser prior to
purchase of this policy by a pension or profit-sharing plan.
OUR INCOME TAXES. Under the life insurance company tax provisions of the Code,
as amended by the 1984 Act, variable life insurance is treated in a manner
consistent with fixed life insurance. The operations of our Separate Account are
included in our Federal income tax return and we pay no tax on investment income
and capital gains reflected in variable life insurance policy reserves.
Therefore, no charge is currently being made to any division of the Separate
Account for our income taxes. We reserve the right, however, to make such a
charge in the future, if we incur income tax which is attributable to the
Separate Account. If such a charge is made, it would be set aside as a provision
for taxes which we would keep in the affected division rather than in our
General Account. We anticipate that our SP-Flex policyowners would benefit from
any investment earnings that are not needed to maintain this provision.
We may have to pay state and local taxes (in addition to applicable taxes based
on premiums) in several states. At present, these taxes are not substantial. If
they increase, however, charges may be made for such taxes when they are
attributable to the Separate Account.
TAX REFORM. On October 22, 1986, the President signed into law a comprehensive
Federal income tax reform bill. The new law would not directly affect the taxes
paid by life insurance companies, such as Equitable Variable as they relate to
the Separate Account, nor would it alter the general favorable tax treatment of
life insurance policies described in this prospectus.
WHEN WE WITHHOLD INCOME TAXES. Generally, unless you provide us with a written
election to the contrary before we make the distribution, we are required to
withhold income tax from any portion of the money you receive if you surrender
the policy or if it matures. If you do not wish tax to be withheld from the
payment, or if enough is not withheld, you may have to pay tax later. You may
also have to pay penalties under the tax rules if your withholding and estimated
tax payments are insufficient. You may, therefore, want to consult your tax
adviser.
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YOUR VOTING PRIVILEGES
TRUST VOTING PRIVILEGES. As explained in Part 2, the assets in the divisions of
the Separate Account are invested in shares of the corresponding portfolios of
the Trust. Equitable Variable is the legal owner of the shares and, as such, has
the right to vote on certain matters at any meeting of the Trust's shareholders
that may be held. Among other things, we may vote on any matters described in
the Trust's prospectus or requiring a vote by shareholders under the Investment
Company Act of 1940.
Even though we own the shares, you will have the opportunity to tell us how to
vote the number of shares that can be allocated to your policy. We will vote
those shares at meetings of Trust shareholders according to your instructions.
If we do not receive instructions in time from all policyowners, we will vote
shares in a portfolio for which no instructions have been received in the same
proportion as we vote shares for which we have received instructions in that
portfolio. We will also vote any Trust shares that we are entitled to vote
directly due to amounts we have accumulated in our Separate Account in the same
proportions that all policyowners vote, including those who participate in other
separate accounts. See "Voting Privileges Of Others", below. If the Federal
securities laws or regulations or interpretations of them change so that we are
permitted to vote shares of the Trust in our own right or to restrict
policyowner voting, we may do so.
HOW WE DETERMINE YOUR VOTING SHARES. You may participate in voting only on
matters concerning the Trust portfolios in which your assets have been invested.
The number of Trust shares in each division that is attributable to your policy
is determined by dividing the amount in your Policy Account allocated to that
division by the net asset value of one share of the corresponding Trust
portfolio as of the record date set by the Trust's Board for the Trust's
shareholders' meeting. The record date for this purpose must be at least 10 and
no more than 90 days before the meeting. Fractional shares are counted.
EXAMPLE: Assume that your Policy Account has a value of $20,000, with 50% of
this amount being attributable to the Common Stock Division and 50% being
attributable to the Money Market Division, giving you $10,000 in each division.
Assume that the net asset value of one share in the Trust's Common Stock
Portfolio is $150 and the net asset value of one share in the Trust's Money
Market Portfolio is $100. If you divide the $10,000 in each division by the net
asset value of one share, you have the right to instruct us regarding 66-2/3
shares for the Common Stock Division and 100 shares for the Money Market
Division.
If you have a voting interest, we will send you proxy material and a form for
providing voting instructions. In certain cases, we may disregard instructions
relating to changes in the Trust's adviser or the investment policies of its
portfolios. We will advise you if we do and detail the reasons in the next
semiannual report to policyowners.
HOW TRUST SHARES ARE VOTED. All Trust shares are entitled to one vote. The votes
of all divisions are cast together on an aggregate basis, except on matters
where the interests of the portfolios differ. In such cases, voting is on a
portfolio-by-portfolio basis. In these cases, the approval of the shareholders
in one portfolio is not needed in order to make a decision in another portfolio.
Examples of matters that would require a portfolio-by-portfolio vote are changes
in the fundamental investment policy of a particular portfolio or approval of an
investment advisory agreement. Shareholders in a portfolio not affected by a
particular matter generally would not be entitled to vote on it.
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VOTING PRIVILEGES OF OTHERS. Currently, we control the Trust. Trust shares may
be held by other separate accounts of ours or by separate accounts of insurance
companies affiliated or unaffiliated with us. Shares held by these separate
accounts will probably be voted according to the instructions of the owners of
insurance policies and contracts issued by those insurance companies. This will
dilute the effect of the voting instructions of the owners of SP-Flex. In
addition, because the Separate Account also invests premiums relating to our
flexible premium life insurance policy, the voting instructions of the owners of
SP-Flex will be further diluted. We do not foresee any disadvantages to this.
Nevertheless, the Trust's Board of Trustees will monitor events to identify
conflicts that may arise and determine appropriate action. If we think any Trust
action is insufficient, we will see that appropriate action is taken to protect
our policyowners.
SEPARATE ACCOUNT VOTING PRIVILEGES. Under the Investment Company Act of 1940,
certain actions (such as some of those described below under "Our Right To
Change How We Operate") may require policyowner approval. In that case, you will
be entitled to one vote for every $100 of value you have in the investment
divisions of our Separate Account. We will cast votes attributable to amounts we
have in the investment divisions of our Separate Account in the same proportions
as votes cast by policyowners.
SPECIAL ISSUE PROGRAMS
The terms under which SP-Flex policies are issued may vary. For example, an
employer may purchase a number of policies with certain of its employees being
designated as insured persons under the policies or an association may
facilitate the solicitation of its members for the purchase of policies by them.
PURPOSE. If special circumstances result in a reduction in our sales and
administrative expenses or our insurance risks relating to purchases of SP-Flex
policies, we may recognize the reduction by varying the terms of the policies to
be issued.
GUIDELINES. The terms of the policies will vary only in accordance with rules we
have in effect as of the date the applications for the policies are approved.
The rules, and any related actions, shall be reasonable, fair and not
discriminatory to the interests of all other SP-Flex policyowners. We may modify
these rules from time to time.
OUR RIGHT TO CHANGE HOW WE OPERATE
In addition to changing or adding investment companies, we have the right to
modify how we or our Separate Account operate. We intend to comply with
applicable law in making any changes and, if necessary, we will seek policyowner
approval. If required by law or regulation, the investment policy of the
Separate Account will not be changed without the approval of the Superintendent
of Insurance of the State of New York. We have the right to:
o add investment divisions to, or remove investment divisions from, the
Separate Account, combine two or more divisions within the Separate Account,
or withdraw assets relating to SP-Flex from one investment division and put
them into another;
o register or end the registration of the Separate Account under the Investment
Company Act of 1940;
o operate our Separate Account under the direction of a committee or discharge
such a committee at any time (the committee may be composed entirely of
persons who are "interested persons" of Equitable Variable under the
Investment Company Act of 1940);
o restrict or eliminate any voting rights of policyowners or other people who
have voting rights that affect the Separate Account;
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o operate the Separate Account or one or more of the divisions in any other
form the law allows, including a form that allows us to make direct
investments. The Separate Account may be charged an advisory fee if its
investments are made directly, rather than through an investment company. We
may make any legal investments we wish. In choosing these investments, we
will rely on our own or outside counsel for advice. In addition, we may
disapprove any change in investment advisers or in investment policy unless a
law or regulation provides differently.
If any changes are made that result in a material change in the underlying
investments of a division, you will be notified, as required by law. We may, for
example, cause the division to invest in a mutual fund other than or in addition
to the Trust.
If you then wish to transfer the amount you have in that division to another
division of the Separate Account, you may do so, without charge, by writing to
our Administrative Office. At the same time, you may also change how any future
net premiums will be allocated.
SALES AND OTHER AGREEMENTS
Equitable Variable and Integrity Life Insurance Company, a wholly-owned
subsidiary of Equitable, are the principal underwriters for the Trust under a
Distribution Agreement. Under that Agreement, we have entered into a Sales
Agreement with Equitable by which Equitable will distribute our policies.
Both Equitable Variable and Equitable are registered with the SEC as
broker-dealers under the Securities Exchange Act of 1934 and we are each members
of the National Association of Securities Dealers, Inc. We are also the
principal underwriter for our policies funded through our Separate Account FP
and our other policies funded through our Separate Account I, which is also a
registered investment company. Equitable may also be considered a principal
underwriter.
AGENTS ARE PAID SALES COMMISSIONS. We sell our policies through agents who are
licensed by state insurance officials to sell our variable life policies. These
agents are also registered representatives of Equitable.
Under the Sales Agreement, the agent who sells you this policy receives sales
commissions from Equitable. Equitable Variable reimburses Equitable for these
commissions. We also reimburse Equitable for other expenses incurred in
marketing and selling our policies, such as agency and district managers'
compensation, agents' training allowances, deferred compensation, insurance
benefits of agents and agency and district managers, and agency clerical and
advertising expenses.
Agents may receive a commission equal to a maximum of 3% of the premiums paid on
a policy. Agents with less than three full years of service with Equitable may
be paid differently.
BROKERS ARE PAID COMMISSIONS. We also sell our policies through independent
brokers who are licensed by state insurance officials to sell our variable life
policies. They will also be registered representatives either of Equitable or of
another company registered with the SEC as a broker-dealer under the Securities
Exchange Act of 1934. The commissions for independent brokers will be no more
than those for agents. Commissions will be paid through the registered
broker-dealer.
APPLICATIONS. When an application for one of our policies is completed, it is
submitted to us. We make the decision to issue a policy based on the information
in the application and our standards for issuing insurance and classifying
risks. If we decide not to issue a policy, any premium paid will be refunded.
OUR JOINT SERVICE AGREEMENT WITH EQUITABLE. In addition to acting as distributor
for our policies, Equitable performs certain other sales and administrative
duties for us. Equitable does this pursuant to a written agreement. The
agreement is automatically renewed each year, unless either party terminates.
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Under this agreement, we pay Equitable for salary costs and other services and
an amount for indirect costs incurred through our use of Equitable personnel and
facilities. We also reimburse Equitable for sales expenses related to business
other than variable life insurance policies. The amounts paid or accrued to
Equitable by us under sales and joint services agreements totalled approximately
$249.4 million in 1986, $225.7 million in 1985 and $164.8 million in 1984.
REGULATION
We are regulated and supervised by the New York State Insurance Department. In
addition, we are subject to the insurance laws and regulations in every
jurisdiction where we sell policies. As a result, the provisions of this policy
may vary somewhat from jurisdiction to jurisdiction.
We submit annual reports on our operations and finances to insurance officials
in all the jurisdictions where we sell policies. The officials are responsible
for reviewing our reports to be sure that we are financially sound and that we
are complying with applicable laws and regulations.
We are also subject to various Federal securities laws and regulations.
LEGAL MATTERS
The legal validity of the policy described in this prospectus has been passed on
by Herbert P. Shyer, who is Executive Vice President and General Counsel of
Equitable.
The Washington, D.C., law firm of Freedman, Levy, Kroll & Simonds has advised
Equitable Variable with respect to certain matters relating to Federal
securities laws.
LEGAL PROCEEDINGS
We are not involved in any material legal proceedings.
FINANCIAL AND ACTUARIAL EXPERTS
The financial statements of Equitable Variable as of December 31, 1986 and 1985
and for the years then ended, the financial statements of the Separate Account
as of December 31, 1986 and for the period then ended, and the Statement of
Assets and Liabilities of the High Yield Division as of January 1, 1987 included
in this prospectus have been examined by the accounting firm of Deloitte Haskins
& Sells, our independent auditors, to the extent stated in their opinions, and
their opinions on the statements are part of this prospectus. We have relied on
the opinions of Deloitte Haskins & Sells given upon their authority as experts
in accounting and auditing.
Actuarial matters in this prospectus have been examined by Joseph O. North, Jr.,
F.S.A., M.A.A.A., who is a Vice President and Actuary of Equitable Variable and
a Vice President and Actuary of Equitable. His opinion on actuarial matters is
filed as an exhibit to the Registration Statement we filed with the SEC.
ADDITIONAL INFORMATION
We have filed a Registration Statement relating to the Separate Account and the
variable life insurance policy described in this prospectus with the SEC. The
Registration Statement, which is required by the Securities Act of 1933,
includes additional information that is not required in this prospectus under
the rules and regulations of the SEC. If you would like the additional
information, you may obtain it from the SEC's main office in Washington, D.C.
You will have to pay a fee for the material.
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MANAGEMENT
Here is a list of our directors and officers and a brief statement of their
business experience for the past five years. Unless otherwise noted, the
following persons have been involved in the management of Equitable and its
subsidiaries in various positions for the last five years. Unless otherwise
noted, their address is 787 Seventh Avenue, New York, New York 10019.
<TABLE>
<CAPTION>
DIRECTORS
NAME AND PRINCIPAL BUSINESS EXPERIENCE
BUSINESS ADDRESS WITHIN PAST FIVE YEARS
- ---------------- ----------------------
<S> <C>
Harry Douglas Garber............ Vice Chairman of the Board, Equitable, since February 1984; prior thereto,
Executive Vice President and Chief Financial Officer. Director, Equitable
Investment Corporation (EIC) and Genesco, Inc. Former Chairman and Chief
Executive Officer, Equitable Variable.
Glenn Howard Gettier, Jr. ...... Executive Vice President and Chief Financial Officer, Equitable, since
December 1984; prior thereto, Partner, Peat, Marwick, Mitchell & Co.
Richard Hampton Jenrette........ Vice Chairman, Chief Investment Officer and Director, Equitable. Chairman,
Donaldson, Lufkin and Jenrette, Inc., since February 1985; prior thereto,
Chairman and Chief Executive Officer. Director, Equitable Capital Management
Corporation (Equitable Capital) and various other Equitable subsidiaries.
William Thomas McCaffrey........ Executive Vice President, Equitable, since March 1986; prior thereto, various
other Equitable positions.
Francis Helmut Schott........... Senior Vice President and Chief Economist, Equitable.
Leo Martin Walsh, Jr. .......... Senior Executive Vice President, Director and Chief Operating Officer,
Equitable, since July 1986; prior thereto, Executive Vice President, Director
and Chief Investment Officer. Chairman, EIC, since July 1986; prior thereto,
President and Chief Executive Officer. Director, Equitable Capital and various
other Equitable subsidiaries.
Peter Rawlinson Wilde........... Executive Vice President, Equitable, since July 1984. Director, Integrity Life
Insurance Company (Integrity) and National Integrity Life Insurance Company
(National Integrity). Chairman and Chief Executive Officer, Equitable
Variable, from November 1984 to December 1986. Chief Financial Officer, CIGNA
Corporation, from April 1983 to June 1984; prior thereto, Senior Vice
President.
Brian Fredrick Wruble........... Chairman, President and Chief Executive Officer, Equitable Capital. Executive
Vice President, Equitable, since September 1984; prior thereto, various other
Equitable positions.
</TABLE>
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<TABLE>
<CAPTION>
OFFICER -- DIRECTORS
NAME AND PRINCIPAL BUSINESS EXPERIENCE
BUSINESS ADDRESS WITHIN PAST FIVE YEARS
- ---------------- ----------------------
<S> <C>
Robert Wayne Barth.............. Chairman and Chief Executive Officer, Equitable Variable, since December 1986;
President and Chief Operating Officer, from December 1985 to December 1986.
Executive Vice President, Equitable, since June 1985; Senior Vice President
since September 1984; prior thereto, Vice President since April 1984.
Thomas Michael Kirwan........... President and Chief Operating Officer, Equitable Variable, since December
1986. Executive Vice President and Chief Financial Officer, EIC, since March
1985; prior thereto, President, Columbia Group -- CBS, Inc. Director,
Equitable Capital and various other Equitable subsidiaries.
Robert Seymour Jones............ Senior Vice President, Equitable Variable, since February 1986. Senior Vice
President, Equitable, since June 1985; prior thereto, Vice President.
Michael Searle Martin........... Senior Vice President, Equitable Variable, since February 1986. Senior Vice
President, Equitable, since June 1985; prior thereto, Vice President.
Stanley Julian Rispler.......... Senior Vice President, Equitable Variable, since February 1986. Senior Vice
President, Equitable, since October 1984; prior thereto, Vice President.
Samuel Barry Shlesinger......... Senior Vice President and Actuary, Equitable Variable, since February 1986.
Senior Vice President and Actuary, Equitable; prior thereto, Vice President
and Actuary.
</TABLE>
28
<PAGE>
<TABLE>
<CAPTION>
OFFICERS
NAME AND PRINCIPAL BUSINESS EXPERIENCE
BUSINESS ADDRESS WITHIN PAST FIVE YEARS
- ---------------- ----------------------
<S> <C>
James Thomas Liddle, Jr. ....... Senior Vice President and Chief Financial Officer, Equitable Variable, since
February 1986. Vice President and Actuary, Equitable.
Richard Marshall Stenson........ Senior Vice President, Equitable Variable, since December 1981. Senior Vice
President, Equitable, since October 1984; prior thereto, Vice President and
Actuary. Actuary, Integrity.
William Arnold Canfield......... Vice President and Chief Underwriting Officer, Equitable Variable. Vice
2 Penn Plaza President, Equitable.
New York, New York 10121
Franklin Kennedy, III........... Vice President, Equitable Variable, since August 1981. Senior Vice President,
1221 Avenue of the Americas Equitable Capital since January 1987. Managing Director and Chief Investment
New York, New York 10020 Officer, Equitable Investment Management Corporation, from November 1983 to
January 1987. Vice President, Equitable.
Donald Anthony King............. Vice President, Equitable Variable, since February 1986. Vice President,
1285 Avenue of the Americas Integrity, since April 1984. Vice President, Equitable, since January 1976.
New York, New York 10020 Executive Vice President, Equitable Capital.
Joseph Oswell North, Jr. ....... Vice President and Actuary, Equitable Variable, since February 1984. Vice
2 Penn Plaza President and Actuary, Equitable, since October 1984; prior thereto, Assistant
New York, New York 10121 Vice President and Actuary, since April 1982.
Stephen Anthony Scarpati........ Vice President and Controller, Equitable Variable, since June 1986. Vice
2 Penn Plaza President, Equitable, since December 1985. Vice President and Controller, EIC,
New York, New York 10121 from November 1984 to December 1985; prior thereto, Division Controller,
Colgate-Palmolive Company.
Larry Kenneth Mills............. Treasurer, Equitable Variable, Integrity and National Integrity, since
February 1986. Vice President and Treasurer, Equitable, since March 1986;
prior thereto, Vice President.
Theodore Edward Plucinski, M.D.. Chief Medical Director, Equitable Variable, Integrity and National Integrity.
2 Penn Plaza Chief Medical Director, Equitable, since September 1985; prior thereto, Chief
New York, New York 10121 Medical Director, MONY.
Kevin Brian Keefe................ Secretary, Equitable Variable, Integrity, National Integrity and The Hudson
River Trust. Vice President and Assistant Secretary, Equitable, since June
1986; prior thereto, Assistant Vice President and Assistant Secretary.
</TABLE>
29
<PAGE>
PART 5: ILLUSTRATIONS OF INSURANCE BENEFIT, POLICY ACCOUNT AND CASH SURRENDER
VALUES, AND ACCUMULATED PREMIUMS
To help clarify how the key financial elements of the policy work, a series of
tables has been prepared.
The tables show how the Insurance Benefit, Policy Account and Cash Surrender
Values ("policy benefits") could vary over an extended period of time if the
investment divisions of our Separate Account had CONSTANT hypothetical gross
annual investment returns of 0%, 4%, 8% or 12% over the years covered by each
table. The policy benefits will differ from those shown in the tables if the
annual investment returns are not absolutely constant. That is, the figures will
be different if the returns AVERAGED 0%, 4%, 8% or 12% over a period of years
but went above or below those figures in individual policy years. The policy
benefits will also differ, depending on your premium allocations to each
division, if the overall actual rates of return averaged 0%, 4%, 8% or 12%, but
went above or below those figures for the individual investment divisions. The
tables show the policy benefits as they would be as of each policy anniversary.
The tables are for standard risk males. (Our Policy Account charges do not
differ for non-smokers.) The difference between the Policy Account and the Cash
Surrender Value is the surrender charge.
The tables illustrate the Policy Account charges (policy cost factors) at both
the current effective annual rate of 1.80% and the charges that would apply if
the maximum cost of insurance charges permitted under the policy were imposed.
See "Charges -- Policy Account Charges" in Part 3. The amounts shown at the end
of each policy year also reflect a daily charge against the Separate Account
investment divisions at an effective annual rate of .50%. This charge reflects a
.40% charge for investment management and direct Trust expenses (estimated at
.10% of aggregate average daily net assets). Using the current rate for Policy
Account charges, the effect of these adjustments is that on a 0% gross rate of
return the net rate of return would be -2.275%, on 4% it would be 1.634%, on 8%
it would be 5.544% and on 12% it would be 9.453%. The effect of these
adjustments would be greater if the maximum cost of insurance charges permitted
under the policy were imposed. Because of investment management fees higher than
.40%, if amounts are allocated to the Aggressive Stock, High Yield or Global
Divisions, higher gross rates of returns will be necessary to produce the same
net rates of return. See "The Trust's Investment Adviser" in Part 2.
The second column of each table shows the effect of an amount equal to the
premiums invested to earn interest, after taxes, of 5% compounded annually.
These tables show that if a policy is returned in its very early years for
payment of its Cash Surrender Value, that Cash Surrender Value will be low in
comparison to the amount of the premiums accumulated with interest. Thus, the
cost of owning your policy for a relatively short time will be high.
INDIVIDUAL ILLUSTRATIONS. On request, we will furnish you with comparable
illustrations based on the age and sex of the proposed insured person and an
initial premium of your choice.
TABLE OF CONTENTS OF ILLUSTRATIONS
Male Initial Current Maximum
Age Premium Charges Charges
- ---- -------- ------- -------
10 $ 5,000 page 31 page 32
35 $ 20,000 page 33 page 34
55 $100,000 page 35 page 36
30
<PAGE>
SP-FLEX
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
VARIABLE LIFE INSURANCE WITH ADDITIONAL PREMIUM OPTION
INITIAL PREMIUM $5,000 INITIAL INSURANCE BENEFIT $47,117
MALE AGE 10
ASSUMING CURRENT CHARGES
[THE FOLLOWING TABLE APPEARED IN A LANDSCAPED FORMAT IN THE PRINTED PROSPECTUS
AND HAD TO BE BROKEN INTO TWO TABLES TO FIT THE EDGAR FORMAT:]
INSURANCE BENEFIT(2)
ASSUMING HYPOTHETICAL GROSS
END OF ANNUAL INVESTMENT RETURN OF
POLICY ACCUMULATED -----------------------------------------------
YEAR PREMIUMS(1) 0% 4% 8% 12%
------ ----------- ------- ------- -------- ----------
1 $ 5,250 $44,542 $46,324 $ 48,106 $ 49,888
2 5,512 42,112 45,549 49,121 52,827
3 5,788 39,830 44,804 50,176 55,961
4 6,078 34,910 40,840 47,496 54,934
5 6,381 33,051 40,213 48,565 58,252
6 6,700 31,318 39,629 49,701 61,822
7 7,036 29,701 39,085 50,905 65,665
8 7,387 28,184 38,573 52,170 69,790
9 7,757 26,753 38,079 53,483 74,196
10 8,144 25,397 37,595 54,835 78,889
11 8,552 24,106 37,112 56,213 83,867
12 8,979 22,874 36,624 57,608 89,132
13 9,428 21,696 36,128 59,013 94,688
14 9,900 20,568 35,620 60,422 100,540
15 10,395 19,490 35,103 61,834 106,701
16 10,914 18,458 34,574 63,245 113,179
17 11,460 17,472 34,037 64,658 119,994
18 12,033 16,533 33,496 66,078 127,171
19 12,635 15,640 32,954 67,509 134,737
20 13,266 14,791 32,412 68,954 142,718
55 (Age 65) 73,178 2,338 20,224 161,235 1,191,919
[THE LEFT-HAND HALF OF THE ILLUSTRATION TABLE (ABOVE) AND THE RIGHT-HAND HALF
(BELOW) APPEARED SIDE-BY-SIDE IN THE PRINTED PROSPECTUS:]
<TABLE>
<CAPTION>
POLICY ACCOUNT(2) CASH SURRENDER VALUE(2)
ASSUMING HYPOTHETICAL GROSS ASSUMING HYPOTHETICAL GROSS
ANNUAL INVESTMENT RETURN OF ANNUAL INVESTMENT RETURN OF
- ---------------------------------------------- ----------------------------------------------
0% 4% 8% 12% 0% 4% 8% 12%
- ------ ------- ------- -------- ------ ------- ------- --------
<C> <C> <C> <C> <C> <C> <C> <C>
$4,886 % 5,082 $ 5,277 $ 5,473 $4,586 $ 4,782 $ 4,977 $ 5,173
4,775 5,165 5,570 5,990 4,525 4,915 5,320 5,740
4,666 5,249 5,879 6,556 4,466 5,049 5,679 6,356
4,560 5,335 6,204 7,176 4,410 5,185 6,054 7,026
4,457 5,422 6,548 7,854 4,357 5,322 6,448 7,754
4,355 5,511 6,911 8,597 4,305 5,461 6,861 8,547
4,256 5,601 7,295 9,410 4,256 5,601 7,295 9,410
4,159 5,692 7,699 10,299 4,159 5,692 7,699 10,299
4,065 5,785 8,126 11,273 4,065 5,785 8,126 11,273
3,972 5,880 8,576 12,338 3,972 5,880 8,576 12,338
3,882 5,976 9,052 13,505 3,882 5,976 9,052 13,505
3,793 6,074 9,554 14,781 3,793 6,074 9,554 14,781
3,707 6,173 10,083 16,179 3,707 6,173 10,083 16,179
3,623 6,274 10,642 17,708 3,623 6,274 10,642 17,708
3,540 6,376 11,232 19,382 3,540 6,376 11,232 19,382
3,460 6,481 11,855 21,214 3,460 6,481 11,855 21,214
3,381 6,587 12,512 23,220 3,381 6,587 12,512 23,220
3,304 6,694 13,206 25,415 3,304 6,694 13,206 25,415
3,229 6,804 13,938 27,818 3,229 6,804 13,938 27,818
3,155 6,915 14,710 30,447 3,155 6,915 14,710 30,447
1,410 12,195 97,223 718,716 1,410 12,195 97,223 718,716
</TABLE>
[THE FOOTNOTES BELOW APPLY TO BOTH THE LEFT-HAND AND RIGHT-HAND HALVES OF THE
ILLUSTRATION TABLE ABOVE:]
(1) Assumes net interest of 5% compounded annually.
(2) Assumes no policy loan has been made.
THE INSURANCE BENEFIT, POLICY ACCOUNT AND CASH SURRENDER VALUES WILL DIFFER IF
ADDITIONAL PREMIUMS ARE PAID.
IT IS EMPHASIZED THAT THE HYPOTHETICAL INVESTMENT RESULTS ARE ILLUSTRATIVE ONLY
AND SHOULD NOT BE DEEMED A REPRESENTATION OF PAST OR FUTURE INVESTMENT RESULTS.
ACTUAL INVESTMENT RESULTS MAY BE MORE OR LESS THAN THOSE SHOWN. THE INSURANCE
BENEFIT, POLICY ACCOUNT AND CASH SURRENDER VALUE FOR A POLICY WOULD BE DIFFERENT
FROM THOSE SHOWN IF ACTUAL RATES OF INVESTMENT RETURN APPLICABLE TO THE POLICY
AVERAGED 0%, 4%, 8% OR 12% OVER A PERIOD OF YEARS, BUT ALSO FLUCTUATED ABOVE OR
BELOW THAT AVERAGE FOR INDIVIDUAL POLICY YEARS. THE INSURANCE BENEFIT, POLICY
ACCOUNT AND CASH SURRENDER VALUE FOR A POLICY WOULD ALSO BE DIFFERENT FROM THOSE
SHOWN, DEPENDING ON THE INVESTMENT ALLOCATIONS MADE TO THE INVESTMENT DIVISIONS
OF THE SEPARATE ACCOUNT AND THE DIFFERENT RATES OF RETURN OF THE TRUST
PORTFOLIOS, IF THE ACTUAL RATES OF INVESTMENT RETURN APPLICABLE TO THE POLICY
AVERAGED 0%, 4%, 8% OR 12%, BUT VARIED ABOVE OR BELOW THAT AVERAGE FOR
INDIVIDUAL DIVISIONS. NO REPRESENTATIONS CAN BE MADE THAT THESE HYPOTHETICAL
RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER ANY PERIOD OF
TIME.
31
<PAGE>
SP-FLEX
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
VARIABLE LIFE INSURANCE WITH ADDITIONAL PREMIUM OPTION
INITIAL PREMIUM $5,000 INITIAL INSURANCE BENEFIT $47,117
MALE AGE 10
ASSUMING MAXIMUM CHARGES
[THE FOLLOWING TABLE APPEARED IN A LANDSCAPED FORMAT IN THE PRINTED PROSPECTUS
AND HAD TO BE BROKEN INTO TWO TABLES TO FIT THE EDGAR FORMAT:]
INSURANCE BENEFIT(2)
ASSUMING HYPOTHETICAL GROSS
END OF ANNUAL INVESTMENT RETURN OF
POLICY ACCUMULATED -----------------------------------------------
YEAR PREMIUMS(1) 0% 4% 8% 12%
------ ----------- ------- ------- -------- ----------
1 $ 5,250 $44,540 $46,322 $ 48,104 $ 49,886
2 5,512 42,105 45,541 49,112 52,818
3 5,788 39,803 44,773 50,141 55,922
4 6,078 34,840 40,758 47,400 54,823
5 6,381 32,935 40,071 48,394 58,046
6 6,700 31,134 39,395 49,408 61,457
7 7,036 29,431 38,731 50,443 65,069
8 7,387 27,822 38,078 51,500 68,893
9 7,757 26,301 37,435 52,579 72,941
10 8,144 24,863 36,805 53,681 77,229
11 8,552 23,503 36,184 54,806 81,768
12 8,979 22,218 35,573 55,953 86,572
13 9,428 21,003 34,974 57,126 91,661
14 9,900 19,855 34,384 58,323 97,047
15 10,395 18,769 33,804 59,545 102,752
16 10,914 17,743 33,234 60,794 108,792
17 11,460 16,773 32,674 62,068 115,185
18 12,033 15,856 32,123 63,368 121,955
19 12,635 14,989 31,582 64,696 129,124
20 13,266 14,169 31,049 66,052 136,712
55 (Age 65) 73,178 1,980 17,123 136,499 1,009,053
[THE LEFT-HAND HALF OF THE ILLUSTRATION TABLE (ABOVE) AND THE RIGHT-HAND HALF
(BELOW) APPEARED SIDE-BY-SIDE IN THE PRINTED PROSPECTUS:]
<TABLE>
<CAPTION>
POLICY ACCOUNT(2) CASH SURRENDER VALUE(2)
ASSUMING HYPOTHETICAL GROSS ASSUMING HYPOTHETICAL GROSS
ANNUAL INVESTMENT RETURN OF ANNUAL INVESTMENT RETURN OF
- ---------------------------------------------- ----------------------------------------------
0% 4% 8% 12% 0% 4% 8% 12%
- ------ ------- ------- -------- ------ ------- ------- --------
<C> <C> <C> <C> <C> <C> <C> <C>
$4,886 $ 5,082 $ 5,277 $ 5,472 $4,586 $ 4,782 $ 4,977 $ 5,172
4,774 5,164 5,569 5,989 4,524 4,914 5,319 5,739
4,663 5,246 5,874 6,552 4,463 5,046 5,674 6,352
4,551 5,324 6,192 7,162 4,401 5,174 6,042 7,012
4,441 5,403 6,525 7,827 4,341 5,303 6,425 7,727
4,329 5,478 6,871 8,546 4,279 5,428 6,821 8,496
4,217 5,550 7,228 9,324 4,217 5,550 7,228 9,324
4,106 5,619 7,600 10,167 4,106 5,619 7,600 10,167
3,996 5,688 7,988 11,082 3,996 5,688 7,988 11,082
3,889 5,756 8,396 12,079 3,889 5,756 8,396 12,079
3,785 5,827 8,825 13,167 3,785 5,827 8,825 13,167
3,685 5,899 9,279 14,357 3,685 5,899 9,279 14,357
3,589 5,976 9,761 15,662 3,589 5,976 9,761 15,662
3,497 6,056 10,272 17,093 3,497 6,056 10,272 17,093
3,409 6,141 10,816 18,665 3,409 6,141 10,816 18,665
3,326 6,230 11,395 20,392 3,326 6,230 11,395 20,392
3,246 6,323 12,011 22,290 3,246 6,323 12,011 22,290
3,169 6,420 12,664 24,373 3,169 6,420 12,664 24,373
3,095 6,520 13,357 26,659 3,095 6,520 13,357 26,659
3,023 6,624 14,091 29,166 3,023 6,624 14,091 29,166
1,194 10,325 82,308 608,449 1,194 10,325 82,308 608,449
</TABLE>
[THE FOOTNOTES BELOW APPLY TO BOTH THE LEFT-HAND AND RIGHT-HAND HALVES OF THE
ILLUSTRATION TABLE ABOVE:]
(1) Assumes net interest of 5% compounded annually.
(2) Assumes no policy loan has been made.
THE INSURANCE BENEFIT, POLICY ACCOUNT AND CASH SURRENDER VALUES WILL DIFFER IF
ADDITIONAL PREMIUMS ARE PAID.
IT IS EMPHASIZED THAT THE HYPOTHETICAL INVESTMENT RESULTS ARE ILLUSTRATIVE ONLY
AND SHOULD NOT BE DEEMED A REPRESENTATION OF PAST OR FUTURE INVESTMENT RESULTS.
ACTUAL INVESTMENT RESULTS MAY BE MORE OR LESS THAN THOSE SHOWN. THE INSURANCE
BENEFIT, POLICY ACCOUNT AND CASH SURRENDER VALUE FOR A POLICY WOULD BE DIFFERENT
FROM THOSE SHOWN IF ACTUAL RATES OF INVESTMENT RETURN APPLICABLE TO THE POLICY
AVERAGED 0%, 4%, 8% OR 12% OVER A PERIOD OF YEARS, BUT ALSO FLUCTUATED ABOVE OR
BELOW THAT AVERAGE FOR INDIVIDUAL POLICY YEARS. THE INSURANCE BENEFIT, POLICY
ACCOUNT AND CASH SURRENDER VALUE FOR A POLICY WOULD ALSO BE DIFFERENT FROM THOSE
SHOWN, DEPENDING ON THE INVESTMENT ALLOCATIONS MADE TO THE INVESTMENT DIVISIONS
OF THE SEPARATE ACCOUNT AND THE DIFFERENT RATES OF RETURN OF THE TRUST
PORTFOLIOS, IF THE ACTUAL RATES OF INVESTMENT RETURN APPLICABLE TO THE POLICY
AVERAGED 0%, 4%, 8% OR 12%, BUT VARIED ABOVE OR BELOW THAT AVERAGE FOR
INDIVIDUAL DIVISIONS. NO REPRESENTATIONS CAN BE MADE THAT THESE HYPOTHETICAL
RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER ANY PERIOD OF
TIME.
32
<PAGE>
SP-FLEX
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
VARIABLE LIFE INSURANCE WITH ADDITIONAL PREMIUM OPTION
INITIAL PREMIUM $20,000 INITIAL INSURANCE BENEFIT $79,452
MALE AGE 35
ASSUMING CURRENT CHARGES
[THE FOLLOWING TABLE APPEARED IN A LANDSCAPED FORMAT IN THE PRINTED PROSPECTUS
AND HAD TO BE BROKEN INTO TWO TABLES TO FIT THE EDGAR FORMAT:]
INSURANCE BENEFIT(2)
ASSUMING HYPOTHETICAL GROSS
END OF ANNUAL INVESTMENT RETURN OF
POLICY ACCUMULATED ---------------------------------------------
YEAR PREMIUMS(1) 0% 4% 8% 12%
------ ----------- ------- ------- -------- --------
1 $21,000 $75,117 $78,122 $ 81,127 $ 84,132
2 22,050 71,026 76,823 82,847 89,098
3 23,152 67,169 75,557 84,615 94,371
4 24,310 63,532 74,325 86,437 99,974
5 25,526 60,104 73,127 88,317 105,931
6 26,802 56,876 71,968 90,260 112,272
7 28,142 53,835 70,846 92,270 119,024
8 29,549 50,968 69,756 94,346 126,210
9 31,027 48,269 68,705 96,498 133,871
10 32,578 45,725 67,688 98,726 142,035
11 34,207 43,326 66,702 101,031 150,735
12 35,917 41,066 65,751 103,422 160,018
13 37,713 38,932 64,828 105,893 169,909
14 39,599 36,919 63,936 108,452 180,461
15 41,579 35,018 63,070 111,099 191,713
16 43,657 33,225 62,234 113,844 203,727
17 45,840 31,534 61,431 116,697 216,568
18 48,132 29,941 60,660 119,664 230,300
19 50,539 28,439 59,923 122,758 245,006
20 53,066 27,026 59,223 125,992 260,774
30 (Age 65) 86,439 16,629 53,942 167,379 498,408
[THE LEFT-HAND HALF OF THE ILLUSTRATION TABLE (ABOVE) AND THE RIGHT-HAND HALF
(BELOW) APPEARED SIDE-BY-SIDE IN THE PRINTED PROSPECTUS:]
<TABLE>
<CAPTION>
POLICY ACCOUNT(2) CASH SURRENDER VALUE(2)
ASSUMING HYPOTHETICAL GROSS ASSUMING HYPOTHETICAL GROSS
ANNUAL INVESTMENT RETURN OF ANNUAL INVESTMENT RETURN OF
- ---------------------------------------------- ------------------------------------------------
0% 4% 8% 12% 0% 4% 8% 12%
- ------ ------- ------- -------- ------- ------- -------- --------
<C> <C> <C> <C> <C> <C> <C> <C>
$19,545 $20,327 $ 21,109 $ 21,891 $18,345 $19,127 $ 19,909 $ 20,691
19,100 20,659 22,279 23,960 18,100 19,659 21,279 22,960
18,666 20,997 23,514 26,225 17,866 20,197 22,714 25,425
18,241 21,340 24,818 28,704 17,641 20,740 24,218 28,104
17,826 21,689 26,194 31,418 17,426 21,289 25,794 31,018
17,420 22,043 27,646 34,388 17,220 21,843 27,446 34,188
17,024 22,403 29,178 37,638 17,024 22,403 29,178 37,638
16,637 22,769 30,796 41,197 16,637 22,769 30,796 41,197
16,258 23,142 32,503 45,091 16,258 23,142 32,503 45,091
15,888 23,520 34,305 49,354 15,888 23,520 34,305 49,354
15,527 23,904 36,207 54,019 15,527 23,904 36,207 54,019
15,174 24,295 38,214 59,126 15,174 24,295 38,214 59,126
14,828 24,692 40,333 64,715 14,828 24,692 40,333 64,715
14,491 25,095 42,568 70,833 14,491 25,095 42,568 70,833
14,161 25,506 44,928 77,529 14,161 25,506 44,928 77,529
13,839 25,922 47,419 84,858 13,839 25,922 47,419 84,858
13,524 26,346 50,048 92,880 13,524 26,346 50,048 92,880
13,216 26,777 52,823 101,660 13,216 26,777 52,823 101,660
12,916 27,214 55,751 111,270 12,916 27,214 55,751 111,270
12,622 27,659 58,842 121,789 12,622 27,659 58,842 121,789
10,027 32,527 100,928 300,536 10,027 32,527 100,928 300,536
</TABLE>
[THE FOOTNOTES BELOW APPLY TO BOTH THE LEFT-HAND AND RIGHT-HAND HALVES OF THE
ILLUSTRATION TABLE ABOVE:]
(1) Assumes net interest of 5% compounded annually.
(2) Assumes no policy loan has been made.
THE INSURANCE BENEFIT, POLICY ACCOUNT AND CASH SURRENDER VALUES WILL DIFFER IF
ADDITIONAL PREMIUMS ARE PAID.
IT IS EMPHASIZED THAT THE HYPOTHETICAL INVESTMENT RESULTS ARE ILLUSTRATIVE ONLY
AND SHOULD NOT BE DEEMED A REPRESENTATION OF PAST OR FUTURE INVESTMENT RESULTS.
ACTUAL INVESTMENT RESULTS MAY BE MORE OR LESS THAN THOSE SHOWN. THE INSURANCE
BENEFIT, POLICY ACCOUNT AND CASH SURRENDER VALUE FOR A POLICY WOULD BE DIFFERENT
FROM THOSE SHOWN IF ACTUAL RATES OF INVESTMENT RETURN APPLICABLE TO THE POLICY
AVERAGED 0%, 4%, 8% OR 12% OVER A PERIOD OF YEARS, BUT ALSO FLUCTUATED ABOVE OR
BELOW THAT AVERAGE FOR INDIVIDUAL POLICY YEARS. THE INSURANCE BENEFIT, POLICY
ACCOUNT AND CASH SURRENDER VALUE FOR A POLICY WOULD ALSO BE DIFFERENT FROM THOSE
SHOWN, DEPENDING ON THE INVESTMENT ALLOCATIONS MADE TO THE INVESTMENT DIVISIONS
OF THE SEPARATE ACCOUNT AND THE DIFFERENT RATES OF RETURN OF THE TRUST
PORTFOLIOS, IF THE ACTUAL RATES OF INVESTMENT RETURN APPLICABLE TO THE POLICY
AVERAGED 0%, 4%, 8% OR 12%, BUT VARIED ABOVE OR BELOW THAT AVERAGE FOR
INDIVIDUAL DIVISIONS. NO REPRESENTATIONS CAN BE MADE THAT THESE HYPOTHETICAL
RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER ANY PERIOD OF
TIME.
33
<PAGE>
SP-FLEX
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
VARIABLE LIFE INSURANCE WITH ADDITIONAL PREMIUM OPTION
INITIAL PREMIUM $20,000 INITIAL INSURANCE BENEFIT $79,452
MALE AGE 35
ASSUMING MAXIMUM CHARGES
[THE FOLLOWING TABLE APPEARED IN A LANDSCAPED FORMAT IN THE PRINTED PROSPECTUS
AND HAD TO BE BROKEN INTO TWO TABLES TO FIT THE EDGAR FORMAT:]
INSURANCE BENEFIT(2)
ASSUMING HYPOTHETICAL GROSS
END OF ANNUAL INVESTMENT RETURN OF
POLICY ACCUMULATED ---------------------------------------------
YEAR PREMIUMS(1) 0% 4% 8% 12%
------ ----------- ------- ------- -------- --------
1 $21,000 $75,107 $78,111 $ 81,116 $ 84,121
2 22,050 71,000 76,794 82,816 89,065
3 23,152 67,118 75,500 84,552 94,300
4 24,310 63,449 74,227 86,324 99,842
5 25,526 59,979 72,975 88,132 105,710
6 26,802 56,701 71,746 89,981 111,925
7 28,142 53,601 70,537 91,867 118,503
8 29,549 50,669 69,346 93,790 125,465
9 31,027 47,899 68,177 95,756 132,840
10 32,578 45,280 67,028 97,763 140,649
11 34,207 42,804 65,897 99,811 148,913
12 35,917 40,465 64,788 101,906 157,670
13 37,713 38,252 63,695 104,040 166,935
14 39,599 36,160 62,621 106,220 176,747
15 41,579 34,182 61,564 108,443 187,130
16 43,657 32,313 60,525 110,716 198,128
17 45,840 30,547 59,506 113,037 209,775
18 48,132 28,876 58,502 115,405 222,103
19 50,539 27,297 57,515 117,823 235,156
20 53,066 25,805 56,547 120,294 248,981
30 (Age 65) 86,439 14,707 47,705 148,019 440,758
[THE LEFT-HAND HALF OF THE ILLUSTRATION TABLE (ABOVE) AND THE RIGHT-HAND HALF
(BELOW) APPEARED SIDE-BY-SIDE IN THE PRINTED PROSPECTUS:]
<TABLE>
<CAPTION>
POLICY ACCOUNT(2) CASH SURRENDER VALUE(2)
ASSUMING HYPOTHETICAL GROSS ASSUMING HYPOTHETICAL GROSS
ANNUAL INVESTMENT RETURN OF ANNUAL INVESTMENT RETURN OF
- ---------------------------------------------- ----------------------------------------------
0% 4% 8% 12% 0% 4% 8% 12%
- ------ ------- ------- -------- ------ ------- ------- --------
<C> <C> <C> <C> <C> <C> <C> <C>
$19,542 $20,324 $21,106 $ 21,888 $18,342 $19,124 $19,906 $ 20,688
19,093 20,651 22,271 23,951 18,093 19,651 21,271 22,951
18,652 20,981 23,496 26,205 17,852 20,181 22,696 25,405
18,217 21,312 24,785 28,666 17,617 20,712 24,185 28,066
17,789 21,643 26,139 31,352 17,389 21,243 25,739 30,952
17,367 21,975 27,560 34,281 17,167 21,775 27,360 34,081
16,950 22,305 29,051 37,474 16,950 22,305 29,051 37,474
16,539 22,635 30,614 40,954 16,539 22,635 30,614 40,954
16,133 22,964 32,253 44,744 16,133 22,964 32,253 44,744
15,734 23,291 33,970 48,872 15,734 23,291 33,970 48,872
15,340 23,616 35,769 53,366 15,340 23,616 35,769 53,366
14,951 23,939 37,654 58,258 14,951 23,939 37,654 58,258
14,569 24,260 39,627 63,582 14,569 24,260 39,627 63,582
14,193 24,579 41,693 69,375 14,193 24,579 41,693 69,375
13,823 24,896 43,854 75,675 13,823 24,896 43,854 75,675
13,459 25,211 46,116 82,526 13,459 25,211 46,116 82,526
13,101 25,520 48,478 89,966 13,101 25,520 48,478 89,966
12,747 25,824 50,942 98,041 12,747 25,824 50,942 98,041
12,397 26,121 53,510 106,797 12,397 26,121 53,510 106,797
12,052 26,409 56,181 116,281 12,052 26,409 56,181 116,281
8,868 28,766 89,254 265,773 8,868 28,766 89,254 265,773
</TABLE>
[THE FOOTNOTES BELOW APPLY TO BOTH THE LEFT-HAND AND RIGHT-HAND HALVES OF THE
ILLUSTRATION TABLE ABOVE:]
(1) Assumes net interest of 5% compounded annually.
(2) Assumes no policy loan has been made.
THE INSURANCE BENEFIT, POLICY ACCOUNT AND CASH SURRENDER VALUES WILL DIFFER IF
ADDITIONAL PREMIUMS ARE PAID.
IT IS EMPHASIZED THAT THE HYPOTHETICAL INVESTMENT RESULTS ARE ILLUSTRATIVE ONLY
AND SHOULD NOT BE DEEMED A REPRESENTATION OF PAST OR FUTURE INVESTMENT RESULTS.
ACTUAL INVESTMENT RESULTS MAY BE MORE OR LESS THAN THOSE SHOWN. THE INSURANCE
BENEFIT, POLICY ACCOUNT AND CASH SURRENDER VALUE FOR A POLICY WOULD BE DIFFERENT
FROM THOSE SHOWN IF ACTUAL RATES OF INVESTMENT RETURN APPLICABLE TO THE POLICY
AVERAGED 0%, 4%, 8% OR 12% OVER A PERIOD OF YEARS, BUT ALSO FLUCTUATED ABOVE OR
BELOW THAT AVERAGE FOR INDIVIDUAL POLICY YEARS. THE INSURANCE BENEFIT, POLICY
ACCOUNT AND CASH SURRENDER VALUE FOR A POLICY WOULD ALSO BE DIFFERENT FROM THOSE
SHOWN, DEPENDING ON THE INVESTMENT ALLOCATIONS MADE TO THE INVESTMENT DIVISIONS
OF THE SEPARATE ACCOUNT AND THE DIFFERENT RATES OF RETURN OF THE TRUST
PORTFOLIOS, IF THE ACTUAL RATES OF INVESTMENT RETURN APPLICABLE TO THE POLICY
AVERAGED 0%, 4%, 8% OR 12%, BUT VARIED ABOVE OR BELOW THAT AVERAGE FOR
INDIVIDUAL DIVISIONS. NO REPRESENTATIONS CAN BE MADE THAT THESE HYPOTHETICAL
RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER ANY PERIOD OF
TIME.
34
<PAGE>
SP-FLEX
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
VARIABLE LIFE INSURANCE WITH ADDITIONAL PREMIUM OPTION
INITIAL PREMIUM $100,000 INITIAL INSURANCE BENEFIT $214,120
MALE AGE 55
ASSUMING CURRENT CHARGES
[THE FOLLOWING TABLE APPEARED IN A LANDSCAPED FORMAT IN THE PRINTED PROSPECTUS
AND HAD TO BE BROKEN INTO TWO TABLES TO FIT THE EDGAR FORMAT:]
INSURANCE BENEFIT(2)
ASSUMING HYPOTHETICAL GROSS
END OF ANNUAL INVESTMENT RETURN OF
POLICY ACCUMULATED -----------------------------------------------
YEAR PREMIUMS(1) 0% 4% 8% 12%
------ ----------- -------- -------- -------- --------
1 $105,000 $203,571 $211,714 $219,858 $228,002
2 110,250 193,629 209,431 225,853 242,895
3 115,762 184,249 207,258 232,108 258,868
4 121,551 175,387 205,183 238,622 275,991
5 127,628 167,030 203,222 245,433 294,384
6 134,010 159,127 201,352 252,529 314,114
7 140,710 151,667 199,591 259,949 335,321
8 147,746 144,632 197,946 267,723 358,142
9 155,133 138,000 196,426 275,886 382,732
10 162,889 131,746 195,026 284,457 409,240
11 171,034 125,853 193,755 293,474 437,852
12 179,586 120,288 192,597 302,942 468,719
13 188,565 115,038 191,559 312,900 502,059
14 197,993 110,066 190,612 323,329 538,010
15 207,893 105,360 189,761 334,267 576,814
16 218,287 100,908 189,013 345,757 618,741
17 229,202 96,705 188,387 357,868 664,136
18 240,662 92,734 187,878 370,629 713,296
19 252,695 88,996 187,520 384,152 766,706
20 265,330 85,488 187,334 398,534 824,875
[THE LEFT-HAND HALF OF THE ILLUSTRATION TABLE (ABOVE) AND THE RIGHT-HAND HALF
(BELOW) APPEARED SIDE-BY-SIDE IN THE PRINTED PROSPECTUS:]
<TABLE>
<CAPTION>
POLICY ACCOUNT(2) CASH SURRENDER VALUE(2)
ASSUMING HYPOTHETICAL GROSS ASSUMING HYPOTHETICAL GROSS
ANNUAL INVESTMENT RETURN OF ANNUAL INVESTMENT RETURN OF
- ---------------------------------------------- ----------------------------------------------
0% 4% 8% 12% 0% 4% 8% 12%
- ------- -------- -------- -------- ------- -------- -------- --------
<C> <C> <C> <C> <C> <C> <C> <C>
$97,725 $101,634 $105,544 $109,453 $91,725 $ 95,634 $ 99,544 $103,453
95,501 103,295 111,395 119,800 90,501 98,295 106,395 114,800
93,329 104,983 117,570 131,125 89,329 100,983 113,570 127,125
91,205 106,699 124,088 143,521 88,205 103,699 121,088 140,521
89,130 108,443 130,968 157,088 87,130 106,443 128,968 155,088
87,102 110,215 138,228 171,939 86,102 109,215 137,228 170,939
85,120 112,017 145,891 188,192 85,120 112,017 145,891 188,192
83,184 113,847 153,979 205,983 83,184 113,847 153,979 205,983
81,291 115,708 162,515 225,455 81,291 115,708 162,515 225,455
79,442 117,599 171,525 246,768 79,442 117,599 171,525 246,768
77,634 119,521 181,034 270,096 77,634 119,521 181,034 270,096
75,868 121,474 191,070 295,629 75,868 121,474 191,070 295,629
74,142 123,459 201,663 323,575 74,142 123,459 201,663 323,575
72,455 125,477 212,842 354,164 72,455 125,477 212,842 354,164
70,806 127,528 224,642 387,644 70,806 127,528 224,642 387,644
69,195 129,612 237,096 424,289 69,195 129,612 237,096 424,289
67,621 131,730 250,240 464,398 67,621 131,730 250,240 464,398
66,082 133,883 264,113 508,299 66,082 133,883 264,113 508,299
64,579 136,071 278,754 556,350 64,579 136,071 278,754 556,350
63,110 138,295 294,208 608,944 63,110 138,295 294,208 608,944
</TABLE>
[THE FOOTNOTES BELOW APPLY TO BOTH THE LEFT-HAND AND RIGHT-HAND HALVES OF THE
ILLUSTRATION TABLE ABOVE:]
(1) Assumes net interest of 5% compounded annually.
(2) Assumes no policy loan has been made.
THE INSURANCE BENEFIT, POLICY ACCOUNT AND CASH SURRENDER VALUES WILL DIFFER IF
ADDITIONAL PREMIUMS ARE PAID.
IT IS EMPHASIZED THAT THE HYPOTHETICAL INVESTMENT RESULTS ARE ILLUSTRATIVE ONLY
AND SHOULD NOT BE DEEMED A REPRESENTATION OF PAST OR FUTURE INVESTMENT RESULTS.
ACTUAL INVESTMENT RESULTS MAY BE MORE OR LESS THAN THOSE SHOWN. THE INSURANCE
BENEFIT, POLICY ACCOUNT AND CASH SURRENDER VALUE FOR A POLICY WOULD BE DIFFERENT
FROM THOSE SHOWN IF ACTUAL RATES OF INVESTMENT RETURN APPLICABLE TO THE POLICY
AVERAGED 0%, 4%, 8% OR 12% OVER A PERIOD OF YEARS, BUT ALSO FLUCTUATED ABOVE OR
BELOW THAT AVERAGE FOR INDIVIDUAL POLICY YEARS. THE INSURANCE BENEFIT, POLICY
ACCOUNT AND CASH SURRENDER VALUE FOR A POLICY WOULD ALSO BE DIFFERENT FROM THOSE
SHOWN, DEPENDING ON THE INVESTMENT ALLOCATIONS MADE TO THE INVESTMENT DIVISIONS
OF THE SEPARATE ACCOUNT AND THE DIFFERENT RATES OF RETURN OF THE TRUST
PORTFOLIOS, IF THE ACTUAL RATES OF INVESTMENT RETURN APPLICABLE TO THE POLICY
AVERAGED 0%, 4%, 8% OR 12%, BUT VARIED ABOVE OR BELOW THAT AVERAGE FOR
INDIVIDUAL DIVISIONS. NO REPRESENTATIONS CAN BE MADE THAT THESE HYPOTHETICAL
RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER ANY PERIOD OF
TIME.
35
<PAGE>
SP-FLEX
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
VARIABLE LIFE INSURANCE WITH ADDITIONAL PREMIUM OPTION
INITIAL PREMIUM $100,000 INITIAL INSURANCE BENEFIT $214,120
MALE AGE 55
ASSUMING MAXIMUM CHARGES
[THE FOLLOWING TABLE APPEARED IN A LANDSCAPED FORMAT IN THE PRINTED PROSPECTUS
AND HAD TO BE BROKEN INTO TWO TABLES TO FIT THE EDGAR FORMAT:]
INSURANCE BENEFIT(2)
ASSUMING HYPOTHETICAL GROSS
END OF ANNUAL INVESTMENT RETURN OF
POLICY ACCUMULATED ---------------------------------------------
YEAR PREMIUMS(1) 0% 4% 8% 12%
------ ----------- -------- -------- -------- --------
1 $105,000 $202,414 $210,511 $218,609 $226,706
2 110,250 191,348 206,964 223,192 240,032
3 115,762 180,887 203,475 227,870 254,141
4 121,551 170,990 200,037 232,637 269,069
5 127,628 161,648 196,673 237,523 284,896
6 134,010 152,808 193,355 242,497 301,636
7 140,710 144,451 190,092 247,576 319,360
8 147,746 136,553 186,887 252,764 338,130
9 155,133 129,088 183,739 258,065 358,009
10 162,889 122,029 180,639 263,470 379,046
11 171,034 115,357 177,594 268,992 401,324
12 179,586 109,047 174,595 274,622 424,901
13 188,565 103,088 171,658 280,388 449,891
14 197,993 97,450 168,761 286,259 476,325
15 207,893 92,121 165,914 292,254 504,315
16 218,287 87,083 163,115 298,377 533,951
17 229,202 82,325 160,371 304,640 565,354
18 240,662 77,821 157,661 311,013 598,559
19 252,695 73,564 155,000 317,525 633,727
20 265,330 69,547 152,397 324,200 671,018
[THE LEFT-HAND HALF OF THE ILLUSTRATION TABLE (ABOVE) AND THE RIGHT-HAND HALF
(BELOW) APPEARED SIDE-BY-SIDE IN THE PRINTED PROSPECTUS:]
<TABLE>
<CAPTION>
POLICY ACCOUNT(2) CASH SURRENDER VALUE(2)
ASSUMING HYPOTHETICAL GROSS ASSUMING HYPOTHETICAL GROSS
ANNUAL INVESTMENT RETURN OF ANNUAL INVESTMENT RETURN OF
- ---------------------------------------------- ----------------------------------------------
0% 4% 8% 12% 0% 4% 8% 12%
- ------- -------- -------- -------- ------- -------- -------- --------
<C> <C> <C> <C> <C> <C> <C> <C>
$97,170 $101,057 $104,944 $108,831 $91,170 $ 95,057 $ 98,944 $102,831
94,376 102,078 110,082 118,388 89,376 97,078 105,082 113,388
91,625 103,067 115,424 128,731 87,625 99,067 111,424 124,731
88,919 104,024 120,976 139,921 85,919 101,024 117,976 136,921
86,258 104,948 126,746 152,025 84,258 102,948 124,746 150,025
83,643 105,838 132,737 165,108 82,643 104,838 131,737 164,108
81,070 106,686 138,947 179,234 81,070 106,686 138,947 179,234
78,537 107,487 145,375 194,473 78,537 107,487 145,375 194,473
76,042 108,235 152,018 210,891 76,042 108,235 152,018 210,891
73,582 108,924 158,870 228,561 73,582 108,924 158,870 228,561
71,160 109,551 165,931 247,563 71,160 109,551 165,931 247,563
68,778 110,120 173,208 267,992 68,778 110,120 173,208 267,992
66,440 110,633 180,709 289,953 66,440 110,633 180,709 289,953
64,150 111,093 188,440 313,557 64,150 111,093 188,440 313,557
61,909 111,501 196,408 338,921 61,909 111,501 196,408 338,921
59,716 111,853 204,606 366,146 59,716 111,853 204,606 366,146
57,566 112,140 213,020 395,325 57,566 112,140 213,020 395,325
55,455 112,350 221,629 426,537 55,455 112,350 221,629 426,537
53,381 112,474 230,408 459,856 53,381 112,474 230,408 459,856
51,341 112,503 239,333 495,363 51,341 112,503 239,333 495,363
</TABLE>
[THE FOOTNOTES BELOW APPLY TO BOTH THE LEFT-HAND AND RIGHT-HAND HALVES OF THE
ILLUSTRATION TABLE ABOVE:]
(1) Assumes net interest of 5% compounded annually.
(2) Assumes no policy loan has been made.
THE INSURANCE BENEFIT, POLICY ACCOUNT AND CASH SURRENDER VALUES WILL DIFFER IF
ADDITIONAL PREMIUMS ARE PAID.
IT IS EMPHASIZED THAT THE HYPOTHETICAL INVESTMENT RESULTS ARE ILLUSTRATIVE ONLY
AND SHOULD NOT BE DEEMED A REPRESENTATION OF PAST OR FUTURE INVESTMENT RESULTS.
ACTUAL INVESTMENT RESULTS MAY BE MORE OR LESS THAN THOSE SHOWN. THE INSURANCE
BENEFIT, POLICY ACCOUNT AND CASH SURRENDER VALUE FOR A POLICY WOULD BE DIFFERENT
FROM THOSE SHOWN IF ACTUAL RATES OF INVESTMENT RETURN APPLICABLE TO THE POLICY
AVERAGED 0%, 4%, 8% OR 12% OVER A PERIOD OF YEARS, BUT ALSO FLUCTUATED ABOVE OR
BELOW THAT AVERAGE FOR INDIVIDUAL POLICY YEARS. THE INSURANCE BENEFIT, POLICY
ACCOUNT AND CASH SURRENDER VALUE FOR A POLICY WOULD ALSO BE DIFFERENT FROM THOSE
SHOWN, DEPENDING ON THE INVESTMENT ALLOCATIONS MADE TO THE INVESTMENT DIVISIONS
OF THE SEPARATE ACCOUNT AND THE DIFFERENT RATES OF RETURN OF THE TRUST
PORTFOLIOS, IF THE ACTUAL RATES OF INVESTMENT RETURN APPLICABLE TO THE POLICY
AVERAGED 0%, 4%, 8% OR 12%, BUT VARIED ABOVE OR BELOW THAT AVERAGE FOR
INDIVIDUAL DIVISIONS. NO REPRESENTATIONS CAN BE MADE THAT THESE HYPOTHETICAL
RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER ANY PERIOD OF
TIME.
36
<PAGE>
Part II
REPRESENTATION REGARDING REASONABLENESS OF
AGGREGATE POLICY FEES AND CHARGES
Equitable represents that the fees and charges deducted under the Policies
described in this Registration Statement, in the aggregate, are reasonable in
relation to the services rendered, the expenses to be incurred, and the risks
assumed by Equitable under the Policies. Equitable bases its representation on
its assessment of all of the facts and circumstances, including such relevant
factors as: the nature and extent of such services, expenses and risks, the need
for Equitable to earn a profit, the degree to which the Policies include
innovative features, and regulatory standards for the grant of exemptive relief
under the Investment Company Act of 1940 used prior to October 1996, including
the range of industry practice.
UNDERTAKING TO FILE REPORTS
Subject to the terms and conditions of Section 15(d) of the Securities
Exchange Act of 1934, the undersigned registrant hereby undertakes to file with
the Securities and Exchange Commission such supplementary and periodic
information, documents, and reports as may be prescribed by any rule or
regulation of the Commission heretofore or hereafter duly adopted pursuant to
authority conferred in that section.
UNDERTAKING PURSUANT TO RULE 484(b) (1)
UNDER THE SECURITIES ACT OF 1933
EVLICO's By-Laws provide, in Article VII, as follows:
7.1 Indemnification of Directors, Officers, Employees and Incorporators. To
the extent permitted by the law of the State of New York and subject to all
applicable requirements thereof:
(a) any person made or threatened to be made a party to any action or
proceeding, whether civil or criminal, by reason of the fact that he,
his testator or intestate, is or was a director, officer employee or
incorporator of the Company shall be indemnified by the Company;
(b) any person made or threatened to be made a party to any action or
proceeding, whether civil or criminal, by reason of the fact that he,
this testator or intestate serves or served any other organization in
any capacity at the request of the Company may be indemnified by the
Company; and
(c) The related expenses of any such person in any of said categories may
be advanced by the Company.
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 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.
II - 1
<PAGE>
CONTENTS OF REGISTRATION STATEMENT
This Registration Statement comprises the following papers and documents:
The facing sheet.
Reconciliation and Tie.
The Supplement dated January 1, 1997 consisting of 94 pages.
The Supplement of Equitable Variable dated May 1, 1996 consisting of 50 pages.
The Prospectus of Equitable Variable dated September 30, 1987 consisting of 38
pages.
Representation regarding reasonableness of aggregate policy fees and charges.
Undertaking to file reports.
Undertaking pursuant to Rule 484(b)(i) under the Securities Act of 1933.
The signatures.
Written Consents of the following persons:
Mary P. Breen,
Vice President and Associate General Counsel of Equitable
(see Exhibit 2(a))
Barbara Fraser,
Vice President (see Exhibit 2(b))
Independent Public Accountants (see Exhibit 6)
The following exhibits: Exhibit required by Article IX, paragraph A of Form
N-8B-2:
1-A(1)(a)(i) Certified resolutions re Authority to Market Variable
Life Insurance and Establish Separate Accounts.
1-A(2) Inapplicable.
1-A(3)(a) See Exhibit 1-A(8).
1-A(3)(b) Broker-Dealer and General Agent Sales Agreement.
1-A(3)(c) See Exhibit 1-A(8)(i).
1-A(4) Inapplicable.
1-A(5)(a) Specimen of Variable Life Insurance Policy With
Additional Premium Option (policy form no. 87-500).
1-A(5)(b) Limitation on Amount of Insurance (New York only),
Rider 85-406.
1-A(5)(c) Accelerated Death Benefit Rider.
1-A(5)(d) Name Change Endorsement (S.97-1).
1-A(6)(a) Declaration and Charter of Equitable, as amended.
1-A(6)(b) By-Laws of Equitable, as amended.
1-A(7) Inapplicable.
1-A(8) Distribution and Servicing Agreement among EQ
Financial Consultants, Inc. (formerly known as Equico
Securities, Inc.), Equitable and Equitable Variable
dated as of May 1, 1994.
1-A(8)(i) Schedule of Commissions.
1-A(9)(a) Agreement and Plan of Merger of Equitable Variable
with and into Equitable dated September 19, 1996.
1-A(10) Application.
Other Exhibits:
2(a) Opinion and Consent of Mary P. Breen, Vice President
and Associate General Counsel of Equitable.
2(b)(i) Opinion and Consent of Joseph O. North, Jr., Vice
President and Senior Actuary of Equitable Variable,
dated March 16, 1987.
2(b)(ii) Opinion and Consent of Joseph O. North, Jr., Vice
President and Senior Actuary of Equitable Variable,
dated April 19, 1989.
2(b)(iii) Consent of Joseph O. North, Jr., Vice President and
Senior Actuary of Equitable, dated December 9, 1996,
relating to Exhibits 2(b)(i) and 2(b)(ii).
3 Inapplicable.
4 Inapplicable.
5 Financial Data Schedule (See Exhibit 27 below).
6 Consent of Independent Public Accountant.
7(a) Powers of Attorney.
8 Description of Equitable's Issuance, Transfer and
Redemption Procedures for Policies pursuant to Rule
6e-3f(T)(b)(12)(iii) under the Investment Company
Act of 1940.
27 Financial Data Schedule.
II-2
<PAGE>
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the
Registrant has duly caused this registration statement to be signed on its
behalf by the undersigned, thereunto duly authorized, and its seal to be
hereunto affixed and attested, all in the City and State of New York on the
9th day of December, 1996.
SEPARATE ACCOUNT FP OF THE EQUITABLE
LIFE ASSURANCE SOCIETY
OF THE UNITED STATES
By: THE EQUITABLE LIFE
ASSURANCE SOCIETY OF
THE UNITED STATES,
DEPOSITOR
By: /s/ Samuel B. Shlesinger
(Samuel B. Shlesinger)
Senior Vice President
Attest: /s/Linda Galasso
(Linda Galasso)
Assistant Secretary
December 9, 1996
II-3
<PAGE>
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the
Registrant has duly caused this registration statement to be signed on its
behalf by the undersigned, thereunto duly authorized, in the City and State of
New York on the 9th day of December, 1996.
THE EQUITABLE LIFE
ASSURANCE SOCIETY OF THE
UNITED STATES
By: /s/ Samuel B. Shlesinger
(Samuel B. Shlesinger)
Senior Vice President
Pursuant to the requirements of the Securities Act of 1933, this
registration statement has been signed by the following persons in the
capacities and on the date indicated:
PRINCIPAL EXECUTIVE OFFICERS:
* Joseph J. Melone Chairman of the Board
* James M. Benson President and Chief Executive Officer
* William T. McCaffrey Senior Executive Vice President and Chief
Operating Officer
* Jerry M. de St. Paer Executive Vice President
PRINCIPAL FINANCIAL OFFICER:
* Stanley B. Tulin Senior Executive Vice President and Chief
Financial Officer
PRINCIPAL ACCOUNTING OFFICER:
/s/ Alvin H. Fenichel Senior Vice President and Controller
Alvin H. Fenichel
December 9, 1996
* DIRECTORS:
Claude Bebear Jean-Rene Foutou Winthrop Knowlton
James M. Benson Norman C. Francis Arthur L. Liman
Christopher J. Brocksom Donald J. Greene George T. Lowy
Franccoise Colloc'h John T. Hartley William T. McCaffrey
Henri de Castries John H.F. Haskell, Jr. Joseph J. Melone
Joseph L. Dionne W. Edwin Jarmain Didier Pineau-Valencienne
William T. Esrey G. Donald Johnston, Jr. George J. Sella, Jr.
Dave H. Williams
*By: /s/ Samuel B. Shlesinger
(Samuel B. Shlesinger)
Attorney-in-Fact
December 9, 1996
II-4
<PAGE>
EXHIBIT INDEX
-------------
<TABLE>
<CAPTION>
EXHIBIT NO. DOCUMENT TAG
- ----------- ------------
<S> <C> <C>
1-A(1)(a)(i) Certified resolutions re Authority to Market Variable Life
Insurance and Establish Separate Accounts. EX-99.1A1ai RESOLU
1-A(3)(b) Form of Broker-Dealer and General Agent Sales Agreement. EX-99.1A3b BROKR AGR
1-A(5)(a) Specimen of Variable Life Insurance Policy With Additional
Premium Option (policy form no. 87-500). EX-99.1A5a POLICY
1-A(5)(b) Limitation on Amount of Insurance (New York only), Rider 85-406. EX-99.1A5b RIDER
1-A(5)(c) Accelerated Death Benefit Rider. EX-99.1A5c RIDER
1-A(5)(d) Name Change Endorsement (S.97-1). EX-99.1A5d ENDORS
1-A(6)(a) Declaration and Charter of Equitable, as amended. EX-99.1A6a CHAPTER
1-A(6)(b) By-Laws of Equitable, as amended. EX-99.1A6b BYLAWS
1-A(8) Distribution and Servicing Agreement among EQ Financial Consultants,
Inc. (formerly known as Equico Securities, Inc.), Equitable and
Equitable Variable dated as of May 1, 1994. EX-99.1A8 DIST AGR
1-A(8)(i) Schedule of Commissions. EX-99.1A8i SCHED COM
1-A(9)(a) Agreement and Plan of Merger of Equitable Variable
with and into Equitable dated September 19, 1996. EX-99.1A9a MERG AGR
1-A(10) Application. EX-99.1-A10 INS APPL
2(a) Opinion and Consent of Mary P. Breen, Vice President and Associate
General Counsel of Equitable. EX-99.2a LEG OPIN
2(b)(i) Opinion and Consent of Joseph O. North, Jr., Vice President and
Actuary of Equitable Variable, dated March 16, 1987 EX-99.2bi ACT OPIN
2(b)(ii) Opinion and Consent of Joseph O. North, Jr., Vice President and Actuary
of Equitable Variable, dated April 19, 1989. EX-99.2bii ACT OPIN
2(b)(iii) Consent of Joseph O. North, Jr., Vice President and Actuary of
Equitable, dated December 9, 1996, relating to Exhibits 2(b)(i) and
2(b)(ii). EX-99.2biii ACT OPIN
6 Consent of Independent Public Accountant. EX-99.6 CONSENT
7(a) Powers of Attorney. EX-99.7a POW ATTY
8 Description of Equitable's Issuance, Transfer and Redemption EX-99.8 DESC PROCED
Procedures for Policies pursuant to Rule 6e-3f(T)(b)(12)(iii) under
the Investment Company Act of 1940.
27 Financial Data Schedule. EX-27
</TABLE>
II-5
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
ASSISTANT SECRETARY'S CERTIFICATE
As an Assistant Secretary of The Equitable Life Assurance Society of the
United States (the "Corporation"), a corporation organized and existing under
the laws of the State of New York, I, Janet E. Hannon, hereby certify that
attached hereto marked Exhibit A is a true, correct, and complete copy of
Resolution B28-95, duly adopted by the Board of Directors of the Corporation at
a meeting held on September 21, 1995, at which a quorum was present and acting
throughout; and that said resolution has not been amended, annulled, rescinded,
or revoked, and is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto affixed my signature and the seal of
the Corporation this 30th day of May, 1996.
SEAL /s/ Janet E. Hannon
-------------------
Assistant Secretary
7275N/21
<PAGE>
EXHIBIT A
AUTHORITY TO MARKET VARIABLE LIFE INSURANCE
AND ESTABLISH SEPARATE ACCOUNTS
-------------------------------
B28-95
WHEREAS, by memorandum to Executive Vice President and Chief Administrative
Officer William T. McCaffrey, dated September 6, 1995 (the "Memorandum"), Senior
Vice President Samuel B. Shlesinger referred to a proposal currently under
consideration by management to merge Equitable Variable Life Insurance Company
into Equitable Life (the "Proposed Merger");
WHEREAS, if the Proposed Merger were to occur, the Company would require
all necessary licenses and other approvals to carry on the business of EVLICO,
some of which must be applied for in advance upon authority granted by this
Board to engage in a variable life insurance business; and
WHEREAS, the Memorandum requests that this Board authorize, contingent upon
the effectiveness of the Proposed Merger, the conduct by the Company of a
variable life insurance business and other actions to facilitate the operation
of such business;
NOW, THEREFORE, BE IT
RESOLVED, That authorization is given to continue studying the feasibility
of merging EVLICO into the Company;
FURTHER RESOLVED, That, contingent upon the effectiveness of the Proposed
Merger, the Company shall commence a variable life insurance business in order
to perform its obligations under the EVLICO variable life insurance policies
issued prior to the Proposed Merger and to offer and sell variable life
insurance policies thereafter;
FURTHER RESOLVED, That the Company hereby establishes Separate Accounts I,
FP, PVT and P-1 (the "Separate Accounts") to become operational upon the
effectiveness of the Merger;
FURTHER RESOLVED, That the Separate Accounts shall fund variable life
insurance policies currently funded in corresponding separate accounts of EVLICO
and policies to be issued by Equitable Life after the Merger.
<PAGE>
FURTHER RESOLVED, That the Chief Investment Officer of the Company, with
power to sub-delegate, is authorized in his discretion as he may deem
appropriate from time to time and in accordance with applicable laws and
regulations (a) to divide the Separate Accounts into one or more divisions or
subdivisions, (b) to modify or eliminate any such division or subdivision, (c)
to change the designation of the Separate Accounts to another designation (d) to
designate additional divisions or subdivisions thereof and (e) to authorize and
establish any and all additional separate accounts as may be deemed by such
officer to by necessary or desirable for the Company's variable life insurance
business and having investment policies substantially similar to any current or
future separate account of the Company which has been or may be specifically
approved by this Board;
FURTHER RESOLVED, That the officers of the Company be, and each of them
hereby is, authorized to invest cash in the Separate Accounts or in any division
thereof as may be deemed necessary or appropriate to facilitate the commencement
of the Separate Account's operations or to meet any minimum capital requirements
under the Investment Company Act of 1940 (the "1949 Act") and to transfer cash
or securities from time to time between the Company's general account and any
Separate Account as deemed necessary or appropriate as long as such transfers
are not prohibited by law and are consistent with the terms of the variable life
insurance policies issued by the Company providing for allocations to such
Separate Accounts;
FURTHER RESOLVED, That authority is hereby delegated to the Chief Executive
Officer, the President and the Chief Investment Officer, with power to
sub-delegate, to adopt Rules and Regulations for Certain Operations of the
Separate Accounts, providing for, among other things, criteria by which the
Company shall institute procedures to provide for a pass-through of voting
rights to the owners of variable life insurance policies issued by the Company
providing for allocation to any Separate Account with respect to the shares of
any investment companies which are held in such Separate Account;
FURTHER RESOLVED, That the initial fundamental investment policy of each
Separate Account shall be the investment policy of the corresponding separate
account of EVLICO at the effective date of the Proposed Merger, provided,
however, that such investment policy may be changed from time to time in
accordance with applicable law by the Chief Investment Officer of the Company or
such other officer as he may designate;
FURTHER RESOLVED, That the Company may register under the Securities Act of
1933 (the "1933 Act") variable life insurance policies, or units of interest
thereunder, under which amounts will be allocated by the Company to the Separate
Accounts to support reserves for such policies and, in connection therewith, the
officers of the Company be, and each of them hereby is, authorized, with the
<PAGE>
assistance of accountants, legal counsel and other consultants, to prepare,
execute and file with the Securities and Exchange Commission, in the name and on
behalf of the Company, registration statements under the 1933 Act, including
prospectuses, supplements, exhibits and other documents relating thereto, and
amendments to the foregoing, in such form as the officer executing the same may
deem necessary or appropriate;
FURTHER RESOLVED, That the officers of the Company are authorized, with the
assistance of accountants, legal counsel and other consultants, to take all
actions necessary to register the Separate Accounts under the 1940 Act and to
take such related actions as they deem necessary and appropriate to carry out
the foregoing;
FURTHER RESOLVED, That the officers of the Company be, and each of them
hereby is, authorized to prepare, execute, and file with the Securities and
Exchange Commission such no-action requests and applications for such
exemptions from or orders under the federal or state securities laws as they may
from time to time deem necessary or desirable;
FURTHER RESOLVED, That the President of the Company is hereby appointed as
agent for service under any registration statement under the 1933 Act or the
1940 Act relating to the Separate Accounts, such person to by duly authorized to
receive communications and notices from the Securities and Exchange Commission
with respect to such registration statement and to exercise powers given to such
agent by the 1933 Act and 1940 Act and the rules and regulations thereunder, and
any other applicable law;
FURTHER RESOLVED, That the officers of the Company be, and each of them
hereby is, authorized to effect, in the name and on behalf of the Company, all
such registrations, filing and qualifications under applicable securities laws
and regulations and under insurance securities laws and insurance laws and
regulations of such states and other jurisdictions as they may deem necessary or
appropriate, with respect to the Company, and with respect to any variable life
insurance policies under which amounts will be allocated by the Company to the
Separate Accounts to support reserves for such policies; such authorization to
include registration, filing and qualification of the Company and of said
policies, as well as registration, filing and qualification of officers,
employees and agents of the Company as brokers, dealers, agents, salesmen, or
otherwise; and such authorization shall also include, in connection therewith,
authority to prepare, execute, acknowledge and file all such applications,
applications for exemptions, certificates, affidavits, covenants, consents to
service of process and other instruments and to take all such action as the
officer executing the same or taking such action may deem necessary or
desirable;
<PAGE>
B28-95 (continued)
FURTHER RESOLVED, That the standards of suitability and code of conduct
relating to the doing by the Company of a variable life insurance business, in
the forms annexed to the Memorandum, are hereby approved; and
FURTHER RESOLVED, That the officers of the Company are, and each of them
hereby is, authorized and instructed to take all such acts and prepare and
deliver all such documents in the name and on behalf of the Company, including
all documents required by state licensing authorities to conduct a variable life
insurance business, as may be necessary or desirable to effectuate the purposes
of the foregoing resolutions.
BROKER-DEALER AND GENERAL AGENT
SALES AGREEMENT
AGREEMENT, by and among EQ Financial Consultants, Inc. ("Distributor"),
__________________________ ("Broker-Dealer") and ___________________________
("General Agent").
W I T N E S S E T H :
WHEREAS, the Distributor and the Broker-Dealer are both broker-dealers
registered with the Securities and Exchange Commission under the Securities
Exchange Act of 1934, as amended ("1934 Act"), and members of the National
Association of Securities Dealers, Inc.;
WHEREAS, the General Agent, which is an Affiliate of, or the same person
as, the Broker-Dealer, or whose employees are also employees of the
Broker-Dealer, is an insurance agency duly licensed to sell variable life
insurance and variable annuities in any state or other jurisdiction in which the
General Agent intends to perform hereunder;
WHEREAS, The Equitable Life Assurance Society of the United States
("Equitable") has appointed the Distributor as principal underwriter or
distributor of the Variable Accounts and the MVA Interests and as distributor of
the Contracts and has authorized the Distributor to recommend persons for
appointment as agents of Equitable to solicit applications for the sale of the
Contracts;
WHEREAS, it is intended that the General Agent shall be authorized to offer
and sell the Contracts to the general public subject to the terms and conditions
set forth more fully herein;
WHEREAS, Equitable has authorized the Distributor to enter into separate
written agreements with broker-dealers registered under the 1934 Act which agree
to participate in the distribution of the Contracts, and the parties hereto
desire that the Broker-Dealer be authorized to solicit applications for the sale
of the Contracts;
WHEREAS, Contracts may be issued by an insurance company which is an
Affiliate of Equitable and the Distributor may be authorized to promote the
offer and sale of such Contracts in the same manner that Equitable has
authorized the Distributor to act, as described above.
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and promises herein contained, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
ss.1.1 Defined Terms. In addition to any terms defined elsewhere in this
Agreement, the terms defined in this Section 1.1, whenever used in this
Agreement (including in the Schedules and Exhibits), shall have the respective
meanings indicated.
a. Affiliated Person or Affiliate -- With respect to a person,
any other person controlling, controlled by, or under common control with, such
person.
<PAGE>
b. Agent -- An individual associated with the General Agent and
registered with the NASD as a representative of the Broker-Dealer who is
appointed by an Equitable Life Company as an insurance agent for the purpose of
soliciting applications for the Contracts.
c. Broker-of-Record -- The party designated in the Equitable
Life Companies records as the person, with respect to a Contract, who is
entitled to receive compensation payable with respect to such Contract and who
is authorized to contact directly the owner of such Contract. In the case of
compensation payable with respect to a Premium, the Broker-of-Record shall be
the party designated as such in the records of an Equitable Life Company, at the
time such Premium is accepted by such Equitable Life Company. In the case of any
payment of compensation payable with respect to Contract value or client
services, the Broker-of-Record shall be the party designated as such in the
records of an Equitable Life Company, in accordance with the rules and
procedures of the Equitable Life Companies at the time any such payment is
payable. In the case of compensation payable on annuitization of a Contract, the
Broker-of-Record shall be the party designated as such in the records of an
Equitable Life Company on the annuity commencement date specified in such
Contract.
d. Contract Prospectus -- The prospectus for the interests under
the Contracts included within a Contract Registration Statement and including
any Contract prospectus or supplement separately filed under the 1933 Act. The
Contract Prospectus also shall include the statement of additional information
which is part of the Contract Registration Statement, unless the context
otherwise requires.
e. Contract Registration Statements -- The most recent effective
registration statements, or most recent effective post-effective amendments
thereto, relating to interests under the Contracts and in the Variable Accounts,
as required by the 1933 Act and the 1940 Act, including financial statements
therein and all exhibits thereto.
f. Contracts -- All classes of life insurance policies and
annuity contracts, including certificates, issued by Equitable or by an
Affiliate of Equitable distributed by the Distributor, except those which are
identified in Schedule I. Schedule I may be modified from time to time, as
provided in Section 2.6.
g. Equitable Life Companies or, individually, an Equitable Life
Company -- Equitable and any Affiliate of Equitable which is an insurance
company.
h. MVA Interests -- The market value adjustment interests, if
any, under the Contracts.
i. NASD -- National Association of Securities Dealers, Inc.
j. 1940 Act -- Investment Company Act of 1940, as amended.
k. 1934 Act -- Securities Exchange Act of 1934, as amended.
l. 1933 Act -- Securities Act of 1933, as amended.
m. Premium -- Any premium, contribution or other consideration
relating to the Contracts.
n. SEC or Commission -- Securities and Exchange Commission.
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<PAGE>
o. Trust -- The Hudson River Trust and any other entity available
for investment through the Variable Accounts under the Contracts.
p. Trust Prospectus -- The prospectus for the Trust included
within the Trust Registration Statement and including any Trust prospectus or
supplement separately filed under the 1933 Act. The Trust Prospectus also shall
include the statement of additional information which is part of the Trust
Registration Statement, unless the context otherwise requires.
q. Trust Registration Statement -- The most recent effective
registration statement or most recent effective post-effective amendment thereto
relating to the Trust as required by the 1933 Act and the 1940 Act, including
financial statements therein and all exhibits thereto.
r. Variable Accounts -- Segregated asset accounts, each of which
has been established by an Equitable Life Company pursuant to state law as a
funding vehicle for the Contracts. The Variable Accounts are divided into
divisions that invest in shares of the Trust.
ss.1.2 Cross-References. All references in this Agreement to a Section,
Article, Schedule or Exhibit are to a section, article, schedule or exhibit of
this Agreement, unless otherwise indicated.
ARTICLE II
AUTHORIZATION OF BROKER-DEALER AND GENERAL AGENT
ss.2.1 Authority to Distribute Contracts. Pursuant to the authority
granted to it by Equitable, the Distributor hereby authorizes the Broker-Dealer,
under the securities laws, and General Agent, under the insurance laws, each in
a non-exclusive capacity, to distribute the Contracts. The Broker-Dealer and the
General Agent accept such authorization and agree to use their best efforts to
find purchasers for the Contracts in each case acceptable to the Equitable Life
Company issuing such Contracts. The Broker-Dealer and the General Agent
understand that the public offering of and solicitation for interests under the
Contracts are not permitted to commence, or to continue, unless the Contract
Registration Statements have become effective and, with respect to each state or
other jurisdiction in which Contract applications are to be solicited, the
Contracts are qualified for sale under all applicable securities and insurance
laws. The Broker-Dealer and the General Agent agree that the solicitation of
applications for the sale of the Contracts will commence as soon as practicable
after the Contract Registration Statements have become effective.
ss.2.2 Notification by Distributor. The Distributor shall notify the
Broker-Dealer and the General Agent:
a. If there are no effective Contract Registration Statements,
when the Contract Registration Statements have become effective;
b. Of all states and other jurisdictions in which the Contracts
are qualified for sale and of the states and other jurisdictions in which the
Contracts may not be lawfully sold;
c. Of any request by the SEC for any amendments or supplements to
a Contract Registration Statement or of any request for additional information
that must be provided by the Broker-Dealer or the General Agent or any Affiliate
of the Broker-Dealer or the General Agent;
d. Of the issuance by the SEC of any stop order with respect to a
Contract Registration Statement or the initiation of any proceedings for that
purpose or for any other purpose relating to the registration and/or offering of
the Contracts;
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<PAGE>
e. If any event occurs as a result of which the Contract
Prospectus(es) or any sales literature for the Contracts would include any
untrue statement of a material fact or omit to state a material fact necessary
to make the statements therein not misleading.
The Distributor will provide the Broker-Dealer and the General Agent with
notification of these matters immediately by telephone, with notification in
writing promptly thereafter.
ss.2.3 Authority to Recommend Agent Appointments. The General Agent is
vested under this Agreement with power and authority to select and recommend
individuals who are associated with the General Agent and are registered
representatives of the Broker-Dealer for appointment as agents of Equitable, and
only individuals so recommended by the General Agent to the Distributor shall be
eligible to become Agents, provided that the number of Agents with appointments
in effect under this Agreement shall not at any time exceed five. Equitable
reserves the right in its sole discretion to refuse to appoint any proposed
agent or, once appointed, to terminate the same at any time with or without
cause.
ss.2.4 Limitations on Authority. Neither the Broker-Dealer nor the
General Agent shall possess or exercise any authority on behalf of the
Distributor or the Equitable Life Companies other than that expressly conferred
on the Broker-Dealer or the General Agent by this Agreement. In particular, and
without limiting the foregoing, neither the Broker-Dealer nor the General Agent
shall have any authority, nor shall either grant such authority to any Agent, on
behalf of the Distributor (i) to make, alter or discharge any Contract or other
contract entered into pursuant to a Contract; (ii) to waive any Contract
provision; (iii) to extend the time for payment of any Premiums; or (iv) to
receive any monies or Premiums from applicants for or purchasers of the
Contracts (except for the sole purpose of forwarding monies or Premiums to an
Equitable Life Company).
ss.2.5 Suitability. The Distributor wishes to ensure that the Contracts
solicited by Broker-Dealer will be issued to persons for whom the Contracts will
be suitable. Broker-Dealer shall take reasonable steps to ensure that Agents
shall not make recommendations to an applicant to purchase any Contract in the
absence of reasonable grounds to believe that the purchase of such Contract is
suitable for such applicant. While not limited to the following, a determination
of suitability shall be based on information furnished to an Agent after
reasonable inquiry concerning the applicant's insurance and investment
objectives, financial situation and needs.
ss.2.6 Insurer's Right to Reject Applications. The Broker-Dealer and the
General Agent acknowledge that each Equitable Life Company has the right in its
sole discretion to reject any applications or Premiums received by it and to
return or refund to an applicant such applicant's Premium. In the event that an
Equitable Life Company rejects an application solicited by an Agent, such
Equitable Life Company will return any Premium paid by the applicant to such
applicant, or to the soliciting Agent for prompt forwarding to such applicant.
In the event that a purchaser exercises his or her free look right under a
Contract, any amount to be refunded as provided in such Contract will be so
refunded to the purchaser by or on behalf of the Equitable Life Company that
issued such Contract, or to the soliciting Agent for prompt forwarding to such
purchaser.
ss.2.7 Contracts Included and Contracts Excluded Under Agreement. This
Agreement applies to all classes of annuity contracts or life insurance
contracts issued by an Equitable Life Company and distributed by the Distributor
("Contracts"). Schedule I to this Agreement describes the life insurance and
annuity contracts which are excluded as Contracts under this Agreement. Schedule
I may be amended by the Distributor in its sole discretion from time to time to
add or to delete classes of annuity contracts or life insurance contracts. The
provisions of this Agreement shall apply with equal force to all Contracts from
time to time covered by it unless the context otherwise requires.
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<PAGE>
ss.2.8 Independent Contractor Status. The Distributor acknowledges that
the Broker-Dealer and the General Agent are each independent contractors.
Accordingly, while the Broker-Dealer and the General Agent agree to use their
best efforts to solicit applications for the Contracts, the Broker-Dealer and
the General Agent are not obliged or expected to give full time and energies to
the performance of their obligations hereunder or to sell or solicit a specified
number of Contracts, nor are the Broker-Dealer and the General Agent obliged or
expected to represent the Distributor or any Equitable Life Company exclusively.
Nothing herein contained shall constitute the Broker-Dealer, the General Agent,
or any agents or representatives of the Broker-Dealer or the General Agent as
employees of an Equitable Life Company or the Distributor.
ARTICLE III
LICENSING AND REGISTRATION OF BROKER-DEALER, GENERAL AGENT AND AGENTS
ss.3.1 Broker-Dealer Qualifications. The Broker-Dealer represents that it
is a broker-dealer registered with the SEC under the 1934 Act, and is a member
of the NASD. The Broker-Dealer must, at all times when performing its functions
and fulfilling its obligations under this Agreement, be duly registered as a
broker-dealer under the 1934 Act and in each state or other jurisdiction in
which Broker-Dealer intends to perform its functions and fulfill its obligations
hereunder and in which such registration is required, and be a member in good
standing of the NASD.
ss.3.2 General Agent Qualifications. The General Agent represents that it
is a licensed life insurance agent where required to solicit applications. The
General Agent must, at all times when performing its functions and fulfilling
its obligations under this Agreement, be duly licensed to sell the Contracts in
each state or other jurisdiction in which the General Agent intends to perform
its functions and fulfill its obligations hereunder.
ss.3.3 Qualifications of Broker-Dealer Representatives. The Broker-Dealer
represents and warrants that it shall take all necessary action to ensure that
no individual shall offer or sell the Contracts on behalf of Broker-Dealer in
any state or other jurisdiction in which the Contracts may lawfully be sold
unless such individual is an associated person of Broker-Dealer (as that term is
defined in Section 3(a)(18) of the 1934 Act), is neither subject to a statutory
disqualification (as that term is defined in the 1934 Act) nor prohibited from
engaging in the business of insurance (under the Violent Crime Control and Law
Enforcement Act of 1994), and is duly registered with the NASD and any
applicable state securities regulatory authority as a registered person of
Broker-Dealer qualified to distribute the Contracts in such state or other
jurisdiction.
ss.3.4 Qualifications of General Agent's Agents and Appointment of Agents.
The General Agent represents and warrants that it shall take all necessary
action to ensure that no individual shall offer or sell the Contracts on behalf
of the General Agent in any state or other jurisdiction unless such individual
is duly appointed as an agent of the General Agent, duly licensed and appointed
as an agent of the appropriate Equitable Life Company and appropriately
licensed, registered or otherwise qualified to offer and sell the Contracts to
be offered and sold by such individual under the insurance laws of such state or
jurisdiction. The General Agent understands that certain states may require that
a special variable contracts examination be passed by agent before he or she can
solicit applications for the Contracts. Nothing in this Agreement is to be
construed as requiring an Equitable Life Company to obtain a license or issue a
consent or appointment to enable any particular agent to sell Contracts. All
matters concerning the licensing of any individuals recommended for appointment
by the General Agent under any applicable state insurance law shall be a matter
directly between the General Agent and such individual. The General Agent shall
furnish the Equitable Life Companies with proof of proper licensing of such
individual or other proof, reasonably acceptable to the Equitable Life
Companies, of satisfaction by such individual of licensing requirements prior to
the appointment of any such individual as an agent of any Equitable Life
Company. In conjunction with the submission of appointment papers for all such
-5-
<PAGE>
individuals as insurance agents of an Equitable Life Company, the General Agent
shall fulfill all requirements set forth in the General Letter of
Recommendation, which is Exhibit A, and shall be deemed to represent that each
individual is competent and qualified to act as an agent for the Equitable Life
Companies and to hold himself or herself out in good faith to the general
public.
ARTICLE IV
BROKER-DEALER AND GENERAL AGENT COMPLIANCE
ss.4.1 Supervisory Responsibilities of General Agent. The General Agent
shall train, supervise and be solely responsible for the conduct of the Agents
in their solicitation activities in connection with the Contracts, and shall
supervise Agents' strict compliance with applicable rules and regulations of any
governmental or other insurance authorities that have jurisdiction over
insurance contract activities, as well as the rules and procedures of the
Equitable Life Companies pertaining to the solicitation, sale and submission of
applications for the Contracts and the provision of services relating to the
Contracts. The General Agent shall be solely responsible for background
investigations of the proposed agents to determine their qualifications, good
character and moral fitness to sell the Contracts.
ss.4.2 Supervisory Responsibilities of Broker-Dealer. The Broker-Dealer
shall be responsible for securities training, supervision and control of the
Agents in connection with their solicitation activities and any incidental
services with respect to the Contracts and shall supervise Agents' strict
compliance with applicable federal and state securities laws and NASD
requirements in connection with such solicitation activities and with the rules
and procedures of the Equitable Life Companies.
ss.4.3 Compliance With Applicable Laws. The Broker-Dealer and the General
Agent hereby represent and warrant that they are in compliance with all
applicable federal and state securities laws and regulations and all applicable
insurance laws and regulations, including, without limitation, state insurance
laws and regulations imposing insurance licensing requirements. The
Broker-Dealer and the General Agent each agree to carry out their respective
sales and administrative activities and obligations under this Agreement in
continued compliance with federal and state laws and regulations, including
those governing securities and insurance-related activities or transactions, as
applicable. The Broker-Dealer and the General Agent shall notify the Distributor
and the Equitable Life Companies immediately in writing if Broker-Dealer and/or
the General Agent fail to comply with any of the laws and regulations applicable
to either of them.
ss.4.4 Restrictions on Sales Activity. The Broker-Dealer and the General
Agent and Agents shall not offer or attempt to offer the Contracts, nor solicit
applications for the Contracts, nor deliver Contracts, in any state or other
jurisdiction in which the Contracts may not lawfully be sold or offered for
sale. For purposes of determining where the Contracts may be offered and
applications solicited, the Broker-Dealer and the General Agent may rely on
written notification, as revised from time to time, received from the
Distributor.
ss.4.5 Premiums and Other Payments. All Premiums and loan repayments
shall be sent promptly (and in any event not later than two business days after
receipt) to the appropriate Equitable Life Company at the address indicated in
the rules and procedures of the Equitable Life Companies, or at such other
address as the Equitable Life Companies or the Distributor may subsequently
specify in writing. Each initial Premium shall be accompanied by a properly
completed application for a Contract, unless such Premium is submitted in
accordance with the procedures set forth in Exhibit B, which have been accepted
and agreed to by the Broker-Dealer and the General Agent, as provided in Exhibit
B. Checks in payment of Premiums or outstanding loans shall be drawn to the
order of the appropriate Equitable Life Company.
-6-
<PAGE>
ss.4.6 Misdirected Payments. In the event that Premiums or loan
repayments are sent to the General Agent or Broker-Dealer, rather than to the
appropriate Equitable Life Company, the General Agent and Broker-Dealer shall
promptly (and in any event, within two business days) remit such Premiums to the
appropriate Equitable Life Company at the address indicated in the rules and
procedures of the Equitable Life Companies. The General Agent and Broker-Dealer
acknowledge that if any Premium or other payment is held at any time by either
of them, such Premium or other payment shall be held on behalf of the client,
and the General Agent or Broker-Dealer shall segregate such Premium or other
payment from their own funds and promptly (and in any event, within two business
days) remit such Premium or other payment to the Equitable Life Company issuing
the Contract pursuant to which such amounts have been paid.
ss.4.7 Delivery of Contracts. Upon issuance of a Contract by an Equitable
Life Company and delivery of such Contract to the Agent who solicited its
purchase, the soliciting Agent shall promptly deliver such Contract to its
purchaser. For purposes of this provision, "promptly" shall be deemed to mean
not later than five calendar days. Consistent with its administrative
procedures, each Equitable Life Company will assume that a Contract issued by it
will be delivered by the soliciting Agent to the purchaser of such Contract
within five calendar days. As a result, if a purchaser exercises the free look
rights under a Contract, the Broker-Dealer and the General Agent shall indemnify
the Equitable Life Company issuing a Contract for any loss incurred by such
Equitable Life Company that results from the soliciting Agent's failure to
deliver such Contract to its purchaser within the contemplated five-calendar-day
period.
ss.4.8 Restrictions on Communications. Neither the Broker-Dealer nor the
General Agent, nor any of their directors, partners, officers, employees,
registered persons, associated persons, agents or affiliated persons, in
connection with the offer or sale of the Contracts, shall give any information
or make any representations or statements, written or oral, concerning the
Contracts, the Variable Accounts or the Trust other than information or
representations contained in the Contract and Trust Prospectuses, statements of
additional information and Registration Statements, or in reports or proxy
statements therefor, or in promotional, sales or advertising material or other
information supplied and approved in writing by the Distributor.
ss.4.9 Directions Given on Behalf of Contract Owners. The Broker-Dealer
and the General Agent shall be solely responsible for the accuracy and propriety
of any instruction given or action taken by an Agent on behalf of an owner or
prospective owner of a Contract, including any instruction or action pursuant to
Exhibit B. Neither the Distributor nor the Equitable Life Companies shall have
any responsibility or liability for any action taken or omitted by it or by them
in good faith in reliance on or by acceptance of such an instruction or action.
ss.4.10 Restrictions on Sales Material and Name Usage. The Broker-Dealer
and the General Agent shall neither use nor authorize the use of any
promotional, sales or advertising material relating to the Contracts, the
Equitable Life Companies, the Variable Accounts, the MVA Interests or the Trust
without the prior written approval of the Distributor. Furthermore, the
Broker-Dealer and the General Agent shall neither use nor authorize the use of
the name of Equitable or of an Affiliate of Equitable, or any other name,
trademark, service mark, symbol or trade style that is now or may hereafter be
owned by Equitable or by an Affiliate of Equitable, except in the manner and to
the extent that such use may be specifically authorized in writing by Equitable
or the Distributor.
ss.4.11 Market Timing and Other Prohibitions. The Broker-Dealer and the
General Agent understand and acknowledge that the Distributor, in its sole
discretion and at any time during the term of this Agreement, may restrict or
prohibit the solicitation, offer or sale of Contracts and Premiums thereunder in
connection with any so-called "market timing" or "asset allocation" program,
plan, arrangement or service. Should the Distributor determine in its sole
discretion that the Broker-Dealer or
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the General Agent is soliciting, offering or selling, or has solicited, offered
or sold, Contracts or Premiums subject to any so-called "market timing" or
"asset allocation" program, plan, arrangement or service which is not permitted
under this Agreement (an "unapproved program"), the Distributor may take such
action which is necessary, in its sole discretion, to halt such solicitations,
offers or sales. Furthermore, in addition to any indemnification provided in
Article XI and any other liability that the Broker-Dealer and the General Agent
might have, the Distributor may hold the Broker-Dealer and the General Agent
liable for any damages or losses, actual or consequential, sustained by the
Distributor or any of its Affiliates, or the Trust or any Equitable Life
Company, as a result of any unapproved program which causes such losses or
damages following solicitation, offer or sale of a Contract or Premium subject
to any unapproved program or similar service made available by or through the
Broker-Dealer or the General Agent. Notwithstanding any prohibitions which may
be imposed pursuant to this Section 4.11, the Broker-Dealer and its registered
representatives who are Agents may provide incidental services in the form of
guidance to applicants and owners of Contracts regarding the allocation of
Premiums and Contract value, provided that such services are (i) solely
incidental to the Broker-Dealer's activities in connection with the sales of the
Contracts, (ii) subject to the supervision and control of the Broker-Dealer, and
(iii) furnished in accordance with rules and procedures prescribed by the
Equitable Life Companies.
ss.4.12 Tax Reporting Responsibility. The Broker-Dealer and the General
Agent shall be solely responsible under applicable tax laws for the reporting of
compensation paid to Agents and for any withholding of taxes from compensation
paid to Agents, including, without limitation, FICA, FUTA, and federal, state
and local income taxes.
ss.4.13 Maintenance of Books and Records. The General Agent represents
that it maintains and shall maintain such books and records concerning the
activities of the Agents as may be required by the appropriate insurance
regulatory agencies that have jurisdiction and that may be reasonably required
by the Distributor to reflect adequately the Contracts processed through the
General Agent. The General Agent shall make such books and records available to
the Distributor and/or an Equitable Life Company at any reasonable time upon
written request by the Distributor. The Broker-Dealer represents that it
maintains and shall maintain appropriate books and records concerning the
activities of the Agents as are required by the SEC, the NASD and other agencies
having jurisdiction and that may be reasonably required by the Distributor to
reflect adequately the Contracts processed through the General Agent.
Broker-Dealer shall make such books and records available to the Distributor
and/or an Equitable Life Company at any reasonable time upon written request by
the Distributor or an Equitable Life Company.
ss.4.14 Bonding of Agents and Others. The Broker-Dealer represents that
all directors, officers, employees, and registered representatives of the
Broker-Dealer who are appointed pursuant to this Agreement as Agents for state
insurance law purposes or who have access to funds of the Equitable Life
Companies, including but not limited to funds submitted with applications for
the Contracts or funds being returned to purchasers of Contracts, are and shall
be covered by a blanket fidelity bond, including coverage for larceny and
embezzlement, issued by a reputable bonding company. This bond shall be
maintained by the Broker-Dealer at the Broker-Dealer's expense. Such bond shall
be, at least, of the form, type and amount required under the NASD Rules of Fair
Practice. The Distributor may require evidence, satisfactory to it, that such
coverage is in force, and the Broker-Dealer shall give prompt written notice to
the Distributor of any cancellation or change of coverage. The Broker-Dealer
assigns any proceeds received from the fidelity bonding company to the Equitable
Life Companies to the extent of each Equitable Life Company's loss due to
activities covered by the bond. If there is any deficiency amount, as a result
of a deductible provision or otherwise, the Broker-Dealer shall promptly pay the
affected Equitable Life Company such amount on demand, and the Broker-Dealer
hereby indemnifies and holds harmless such Equitable Life Company from any such
deficiency and from the costs of collection thereof (including reasonable
attorneys' fees).
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ss.4.15 Reports to Insurers. The Broker-Dealer and the General Agent shall
promptly furnish to each Equitable Life Company or its authorized agent any
reports and information that such Equitable Life Company may reasonably request
for the purpose of meeting such Equitable Life Company's reporting and
recordkeeping requirements under the insurance laws of any state, under any
applicable federal or state securities laws, rules or regulations, or the rules
of the NASD.
ARTICLE V
STANDARD OF CONDUCT FOR AGENTS
ss.5.1 Basic Rules of Conduct. The Broker-Dealer and the General Agent
shall ensure that each Agent shall comply with a standard of conduct including,
but not limited to, the following:
a. An Agent shall be duly qualified, licensed and registered to
solicit and participate in the sale of Contracts as provided in Article III.
b. An Agent shall not solicit applications for the Contracts
without delivering the appropriate Contract Prospectus(es) the Trust Prospectus
and, where required by state insurance law (as set forth in a notice to be
supplied by the Equitable Life Companies), the then currently effective
statement of additional information for the Contracts, and any other information
whose delivery is specifically required. In soliciting applications for the
Contracts, an Agent shall only make statements, oral or written, which are in
accordance with the Contract Prospectus, the Trust Prospectus and written sales
literature regarding the Contracts authorized by the Distributor. An Agent shall
utilize only those applications for the Contracts provided to the General Agent
by the Distributor.
c. An Agent shall recommend the purchase of a Contract to an
applicant only if he or she has reasonable grounds to believe that such purchase
is suitable for the applicant in accordance with, among other things, applicable
regulations of any state regulatory authority, the SEC and the NASD. While not
limited to the following, a determination of suitability shall be based on
information supplied to an Agent after a reasonable inquiry concerning the
applicant's insurance and investment objectives and financial situation and
needs.
d. An Agent shall require that any payment of an initial Premium,
whether in the form of a check or otherwise, shall be drawn in U.S. dollars on a
bank located in the United States and made payable to the appropriate Equitable
Life Company and, if in the form of a check, signed by the applicant for the
Contract. An Agent shall not accept third-party checks or cash for Premiums.
e. All checks and applications for the Contracts received by an
Agent shall be forwarded promptly, and in any event not later than two business
days after receipt, to the processing office designated by the Equitable Life
Companies.
f. Every Contract received by an Agent shall be delivered
promptly, and in any event not later than five calendar days after receipt, to
its purchaser.
g. Any checks representing a return or refund of Premium which
are received by an Agent for delivery to an applicant or purchaser shall be
delivered promptly to the designated recipient.
h. An Agent shall have no authority to endorse checks to an
Equitable Life Company.
i. An Agent shall have no authority to alter, modify, waive or
change any of the terms, rates, charges or conditions of the Contracts.
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j. An Agent shall make no representations concerning the
continuation of non-guaranteed terms or provisions of the Contracts.
k. An Agent shall have no authority to advertise for, on behalf
of, or with respect to an Equitable Life Company, the Distributor, the Variable
Accounts, the MVA Interests, the Contracts or the Trust without prior written
approval and authorization from the Distributor.
l. An Agent shall have no authority to solicit applications for
Contracts or Premiums thereunder which will be subject to or in connection with
any so-called "market timing" or "asset allocation" program, plan, arrangement
or service which is an unapproved program.
m. An Agent shall not furnish any transfer or other instructions
by telephone to an Equitable Life Company on behalf of an owner of a Contract
without having first obtained from such owner a written authorization in a form
acceptable to the Equitable Life Companies.
n. An Agent shall not encourage a prospective purchaser to
surrender or exchange an insurance policy or contract issued by an Equitable
Life Company in order to purchase a Contract or, conversely, to surrender or
exchange a Contract in order to purchase another insurance policy or contract
issued by an Equitable Life Company, except to the extent such surrenders or
exchanges have been authorized by the Distributor. In the event that an
insurance policy or contract issued by an Equitable Life Company is surrendered
or exchanged in order to purchase a Contract, no compensation shall be paid
under this Agreement.
o. An Agent shall act in accordance with the rules and procedures
of the Equitable Life Companies, including their policy statements on ethical
conduct, in connection with any solicitation activities relating to the
Contracts.
ARTICLE VI
RESPONSIBILITIES OF DISTRIBUTOR FOR MARKETING MATERIALS AND REPORTS
ss.6.1 Prospectuses and Applications Provided by Distributor. During the
term of this Agreement, the Distributor upon request will make available to the
Broker-Dealer and the General Agent, for a reasonable charge, copies of the
Contract Prospectus(es), Trust Prospectus and applications for the Contracts.
Upon receipt from the Distributor of updated copies of the Contract
Prospectus(es), Trust Prospectus and applications for the Contracts, the
Broker-Dealer and the General Agent will promptly discard or destroy all copies
of such documents previously provided to them, except such copies as are needed
for purposes of maintaining proper records. Upon termination of this Agreement,
the Broker-Dealer and the General Agent will promptly return, to the
Distributor, all Contract and Trust Prospectuses, Contract applications, and
other materials and supplies furnished by the Distributor to the Broker-Dealer
or the General Agent or to the Agents.
ss.6.2 Sales Material Provided by Distributor. During the term of this
Agreement, the Distributor will be responsible for providing and approving all
promotional, sales and advertising material to be used by the Broker-Dealer and
the General Agent. The Distributor will file such materials or will cause such
materials to be filed with the SEC and the NASD, and with any state securities
regulatory authorities, as required.
ss.6.3 Information Provided by Distributor. The Distributor will compile
periodic marketing reports summarizing sales results to the extent reasonably
requested by the Broker-Dealer or the General Agent.
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ARTICLE VII
COMMISSIONS, FEES AND EXPENSES
ss.7.1 Compensation Schedule. During the term of this Agreement, the
Distributor shall pay to the General Agent (or to the Broker-Dealer, at the
request of the General Agent) as compensation for Contracts for which it is the
Broker-of-Record, the amounts set forth in Schedule II, as such Schedule II may
be amended or modified at any time, in any manner and without prior notice by
the Distributor, and subject to the other provisions of this Agreement. Any
amendment to Schedule II will be applicable to any Contract for which an
application or initial Premium is received by an Equitable Life Company on or
after the effective date of such amendment, in accordance with procedures
established by the Distributor. Compensation with respect to any Contract shall
be paid to the General Agent only for so long as the General Agent is the
Broker-of-Record for such Contract.
ss.7.2 Limitations on Compensation. No compensation shall be payable, and
any compensation already paid shall be returned to the Distributor (or to
Equitable, at the direction of the Distributor) on request, under each of the
following conditions:
a. if an Equitable Life Company, in its sole discretion,
determines not to issue the Contract applied for;
b. if an Equitable Life Company refunds the Premium paid by an
applicant, upon the exercise of applicant's right of withdrawal;
c. if an Equitable Life Company refunds the Premium paid by an
applicant, as a result of a complaint by the applicant, recognizing that the
Equitable Life Companies have sole discretion to refund Premiums; or
d. if the Distributor determines that any person signing an
application or any person or entity receiving compensation for soliciting
purchases of Contracts is not duly licensed to sell life insurance (and to sell
variable contracts if required by the state in question).
No compensation or reimbursement of any kind other than that described in this
Agreement is payable to the General Agent or the Broker-Dealer. In addition, the
Broker-Dealer and the General Agent recognize that, unless the provisions of
Exhibit B apply to the receipt of an initial Premium, all compensation payable
to the General Agent hereunder will be disbursed by or on behalf of the
Distributor after each Premium is received and accepted by the appropriate
Equitable Life Company.
ss.7.3 Expenses Paid by Broker-Dealer and General Agent. Neither the
Broker-Dealer nor the General Agent shall, directly or indirectly, expend or
contract for the expenditure of any funds of the Distributor or any Equitable
Life Company. The Broker-Dealer and the General Agent shall each pay all
expenses incurred by each of them in the performance of this Agreement, unless
otherwise specifically provided for in this Agreement or unless the Distributor
shall have agreed in advance in writing to share the cost of certain expenses.
Initial state appointment fees for agents of an Equitable Life Company who are
associated with the General Agent will be paid by such Equitable Life Company
unless otherwise paid by the General Agent or Broker-Dealer. Renewal state
appointment fees for any Agent shall be paid by such Equitable Life Company if,
in the sole discretion of such Equitable Life Company, its minimum production
and activity requirements for the payment of renewal appointment fees have been
met by such Agent. Each Equitable Life Company shall establish reasonable
minimum production and activity requirements for the payment of renewal state
appointment fees, which may be changed by such Equitable Life Company in its
sole discretion at any time without notice. Except as otherwise provided herein,
the Broker-Dealer will be obligated to pay all state appointment fees,
including, but not limited
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to, renewal appointment fees not paid for by an Equitable Life Company, transfer
fees and termination fees, and any other fees required to be paid to obtain
state insurance licenses for Agents.
ss.7.4 Offsets of Compensation Under Other Agreements. With respect to
commissions, compensation or any other amounts owed by the Distributor or any
Affiliate of the Distributor to the Broker-Dealer or the General Agent under any
other agreement, the Distributor shall have a right to set off against such
amounts any monies payable by the General Agent under this Agreement, including
Schedule II, to the Distributor, to the extent permitted by applicable law. This
right on the part of the Distributor shall not prevent both of them or either of
them from pursuing any other means or remedies available to them to recover such
monies payable by the General Agent.
ss.7.5 No Rights of Agents to Compensation Paid by Distributor. Agents
shall have no interest in this Agreement or right to any commissions to be paid
by the Distributor to the General Agent. The General Agent shall be solely
responsible for the payment of any commission or consideration of any kind to
Agents. The General Agent shall have no interest in any compensation paid by an
Equitable Life Company to the Distributor, now or hereafter, in connection with
the sale of any Contracts under this Agreement.
ARTICLE VIII
TERM AND EXCLUSIVITY OF AGREEMENT
ss.8.1 Limited Classes of Contracts. This Agreement relates solely to the
Contracts identified in Schedule I.
ss.8.2 Term. This Agreement shall remain in effect for a period of one
year from the Effective Date, and, unless terminated earlier pursuant to
Sections 8.3 or 8.4, shall automatically continue in effect for one-year periods
thereafter; provided, however, that it shall automatically terminate upon
termination of any distribution agreement between the Distributor and an
Equitable Life Company relating to the Contracts.
ss.8.3 Early Termination by Notice. This Agreement may be terminated by
any party hereto by giving notice to the other parties at least sixty (60) days
prior to an anniversary of the Effective Date.
ss.8.4 Termination for Cause. If Broker-Dealer or the General Agent shall
default in their respective obligations under this Agreement, or breach any of
their respective representations or warranties made in this Agreement, the
Distributor may, at its option, cancel and terminate this Agreement without
notice.
ss.8.5 Surviving Provisions. Upon termination of this Agreement, all
authorizations, rights, and obligations hereunder shall cease except:
a. the obligation to settle accounts hereunder, including the
payment of compensation with respect to Contracts in effect at the time of
termination or issued pursuant to applications received by an Equitable Life
Company prior to termination or Premiums received under such Contracts
subsequent to termination of this Agreement;
b. the provisions with respect to indemnification set forth in
Article XI;
c. the provisions of Section 4.13 that require the General Agent
and the Broker-Dealer to maintain certain books and records;
d. the confidentiality provisions contained in Section 10.3; and
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e. the provisions of subparagraph l. of Section 5.1 with respect
to the surrender or exchange of a Contract.
ARTICLE IX
COMPLAINTS AND INVESTIGATIONS
ss.9.1 Cooperation in Investigations and Proceedings. The Distributor,
the Broker-Dealer and the General Agent shall each cooperate fully in any
insurance regulatory investigation, proceeding or inquiry or in any judicial
proceeding arising in connection with the Contracts marketed under this
Agreement. In addition, the Distributor, the Broker-Dealer and the General Agent
shall cooperate fully in any securities regulatory investigation, proceeding or
inquiry or in any judicial proceeding with respect to the Distributor, the
Broker-Dealer, their Affiliates or their agents, to the extent that such
investigation or proceeding is in connection with the Contracts marketed under
this Agreement. Copies of documents received by any party to this Agreement in
connection with any judicial proceeding shall be furnished promptly to all of
the other parties.
ss.9.2 Notification and Related Requirements. Without limiting the
provisions of Section 9.1:
a. The Broker-Dealer and the General Agent will be notified
promptly of any customer complaint or notice of any regulatory investigation,
proceeding or inquiry or any judicial proceeding received by the Distributor or
an Equitable Life Company with respect to the Broker-Dealer, General Agent or
any Agent.
b. The Broker-Dealer and the General Agent will promptly notify
the Distributor and the appropriate Equitable Life Company of any customer
complaint or notice of any regulatory investigation, proceeding or inquiry or
any judicial proceeding received by the Broker-Dealer, the General Agent or
their Affiliates with respect to themselves, their Affiliates or any Agent in
connection with any Contract marketed under this Agreement or any activity
relating to any such Contract and, upon request by the Distributor, will
promptly provide copies of all relevant materials to the Distributor.
c. In the case of a customer complaint, the Distributor, the
Broker-Dealer and the General Agent will cooperate in investigating such
complaint, and any response by the Broker-Dealer or the General Agent to such
complaint will be sent to the Distributor for written approval not less than
five business days prior to its being sent to the customer or regulatory
authority, except that if a more prompt response is required, the proposed
response shall be communicated by telephone or facsimile. The Distributor shall
have final authority to determine the content of each such response.
ARTICLE X
ASSIGNMENT, AMENDMENT, CONFIDENTIALITY
ss.10.1 Non-Assignable Except to Certain Affiliates. This Agreement shall
be non-assignable by the parties hereto, except that a party may assign its
rights and obligations to any subsidiary of, or any company under common control
with, such party, provided that:
a. the assignee is duly licensed to perform all functions
required of that party under this Agreement;
b. the assignee undertakes to perform such party's functions
hereunder; and
c. in the event that the Broker-Dealer or the General Agent
determines to assign its rights and obligations under this Agreement:
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i. such proposed assignment is approved in advance by the
Distributor; and
ii. the Broker-Dealer or the General Agent or assignee
pays any state insurance agent appointment fees and any other charges or fees,
including taxes, that become due and payable as a result of the assignment.
ss.10.2 Prior Agreements and Amendments. This Agreement constitutes the
entire agreement between the parties hereto and supersedes all prior agreements,
either oral or written, between the parties relating to the Contracts and,
except for any amendment of Schedule I, pursuant to the terms of Section 2.6, or
Schedule II, pursuant to the terms of Section 7.1, may not be modified in any
way unless by written agreement.
ss.10.3 Confidentiality. Each party to this Agreement shall maintain the
confidentiality of any client list or any other proprietary information that it
may acquire in the performance of this Agreement and shall not use such
information for any purpose unrelated to the administration of the Contracts
without the prior written consent of the other parties.
ARTICLE XI
INDEMNIFICATION
ss.11.1 Indemnification of Distributor. The Broker-Dealer and the General
Agent, jointly and severally, shall indemnify and hold harmless each Equitable
Life Company, the Distributor and each person who controls or is associated with
an Equitable Life Company or the Distributor within the meaning of such terms
under the federal securities laws, and any officer, director, employee or agent
of the foregoing, against any and all losses, claims, damages or liabilities,
joint or several (including any investigative, legal and other expenses
reasonably incurred in connection with, and any amounts paid in settlement of,
any action, suit or proceeding or any claim asserted), insofar as such losses,
claims, damages or liabilities arise out of or are based upon:
a. violation(s) by the Broker-Dealer, the General Agent or an
Agent of federal or state securities laws or regulations, insurance laws or
regulations, or any rule or requirement of the NASD;
b. any unauthorized use of sales or advertising material, any
oral or written misrepresentations, or any unlawful sales practices concerning
the Contracts, the Equitable Life Companies, the Variable Accounts, the MVA
Interests or the Trust, by the Broker-Dealer, the General Agent or an Agent;
c. claims by the Agents or other agents or representatives of the
General Agent or the Broker-Dealer for commissions or other compensation or
remuneration of any type;
d. any action or inaction by any clearing broker or broker
furnishing similar services through which the Broker-Dealer or the General Agent
processes any transaction pursuant to this Agreement;
e. any failure on the part of the Broker-Dealer, the General
Agent or an Agent to submit Premiums or applications for Contracts or accurate
and proper instructions of a Contract owner or prospective owner to the
Equitable Life Companies, or to submit the correct amount of a Premium, on a
timely basis and in accordance with Sections 4.5 and 4.6 and the rules and
procedures of the Equitable Life Companies.
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f. any failure on the part of the Broker-Dealer, the General
Agent, or an Agent to deliver Contracts to purchasers thereof on a timely basis
in accordance with Section 4.7 and in accordance with the rules and procedures
of the Equitable Life Companies; or
g. any other breach by the Broker-Dealer or the General Agent of
any provision of this Agreement, including, without limitation, Section 5.1.
This indemnification will be in addition to any liability which the
Broker-Dealer and the General Agent may otherwise have.
ss.11.2 Indemnification of Broker-Dealer and General Agent. The
Distributor shall indemnify and hold harmless the Broker-Dealer and the General
Agent and each person who controls or is associated with the Broker-Dealer or
the General Agent within the meaning of such terms under the federal securities
laws, and any officer, director, employee or agent of the foregoing, against any
and all losses, claims, damages or liabilities, joint or several (including any
investigative, legal and other expenses reasonably incurred in connection with,
and any amounts paid in settlement of, any action, suit or proceeding or any
claim asserted), to which they or any of them may become subject under any
statute or regulation, at common law or otherwise, insofar as such losses,
claims, damages or liabilities arise out of or are based upon negligent,
improper, fraudulent or unauthorized acts or omissions.
ss.11.3 Notification and Procedures. After receipt by a party entitled to
indemnification ("Indemnified Party") under this Article XI of notice of the
commencement of any action or threat of such action, if a claim in respect
thereof is to be made against any person obligated to provide indemnification
under this Article XI ("Indemnifying Party"), such Indemnified Party will notify
the Indemnifying Party in writing of the commencement thereof as soon as
practicable thereafter, provided that the omission so to notify the Indemnifying
Party will not relieve it from any liability under this Article XI, except to
the extent that the omission results in a failure of actual notice to the
Indemnifying Party and such Indemnifying Party is damaged solely as a result of
the failure to give such notice. The Indemnifying Party, upon the request of the
Indemnified Party, shall retain counsel reasonably satisfactory to the
Indemnified Party to represent the Indemnified Party and any others the
Indemnifying Party may designate in such proceeding and shall pay the fees and
disbursements of such counsel related to such proceeding. In any such
proceeding, any Indemnified Party shall have the right to retain its own
counsel, but the fees and expenses of such counsel shall be at the expense of
such Indemnified Party, unless (i) the Indemnifying Party and the Indemnified
Party shall have mutually agreed to the retention of such counsel or (ii) the
named parties to any such proceeding (including any impleaded parties) include
both the Indemnifying Party and the Indemnified Party and representation of both
parties by the same counsel would be inappropriate due to actual or potential
differing interests between them. The Indemnifying Party shall not be liable for
any settlement of any proceeding effected without its written consent, but if
such proceeding is settled with such consent or if final judgment is entered in
such proceeding for the plaintiff, the Indemnifying Party shall indemnify the
Indemnified Party from and against any loss or liability by reason of such
settlement or judgment.
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ARTICLE XII
MISCELLANEOUS
ss.12.1 Headings. The headings in this Agreement are included for
convenience of reference only and in no way define or delineate any of the
provisions hereof or otherwise affect their construction or effect.
ss.12.2 Counterparts. This Agreement may be executed in two or more
counterparts, each of which taken together shall constitute one and the same
instrument.
ss.12.3 Severability. If any provision of this Agreement shall be held or
made invalid by a court decision, statute, rule or otherwise, the remainder of
this Agreement shall not be affected thereby.
ss.12.4 Notices. All notices under this Agreement shall be given in
writing and addressed as follows:
if to the Distributor, to:
EQ Financial Consultants, Inc.
1755 Broadway
New York, New York 10019
Attention: President
if to the Broker-Dealer or the General Agent, to:
__________________________________
__________________________________
__________________________________
Attention: _______________________
or to such other address as such party may hereafter specify in writing. Each
such notice shall be either hand delivered or transmitted by certified United
States mail, return receipt requested, and shall be effective upon delivery.
ss.12.5 Governing Law. This Agreement shall be governed by and construed
in accordance with the laws of the State of New York, excluding its conflict of
laws provisions. This Agreement shall also be subject to the rules of the NASD,
including its By-Laws; and all disputes arising hereunder shall be submitted to
arbitration under the Code of Arbitration Procedure of the NASD.
ss.12.6 Scope of Sales Material References. For purposes of this
Agreement, all references to sales, promotional, marketing or advertising
material shall include, without limitation, advertisements (such as material
published, or designed for use in, a newspaper, magazine or other periodical,
radio, television, telephone or tape recording, videotape display, signs or
billboards, motion pictures or other public media), sales literature (i.e., any
written communication distributed or made generally available to customers or
the public, including brochures, circulars, research reports, market letters,
form letters, seminar texts, reprints or excerpts of any other advertisement,
sales literature or published article), and educational or training materials or
other communications distributed or made generally available to some or all
Agents or employees of the Broker-Dealer or the General Agent.
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ss.12.7 Noninterference with Employees, Agents, and Clients.
a. During the term of this Agreement, neither the Broker-Dealer
nor the General Agent shall hire or solicit, as an employee, agent, consultant,
registered representative or other sales representative, or in any other
capacity, any individual who has been, at any time within six months prior to
such hiring or solicitation, an employee, agent or registered representative of
the Distributor or any affiliate of the Distributor. Violation of this provision
shall constitute a material breach of this Agreement.
b. During the term of this Agreement, the Broker-Dealer and the
General Agent agree not to solicit knowingly any person who is a client of a
member of the career agency force of Equitable (an "Equitable agent"). If, while
servicing a client, the Broker-Dealer or General Agent ascertains that the
person is also a client of an active Equitable agent, the Broker-Dealer or
General Agent will refer the client to the Equitable agent and, if possible,
notify the Equitable agent of the person's interest. The Broker-Dealer and the
General Agent agree that no commission will be payable under this Agreement in
connection with any sale of a Contract which involves a violation of the
foregoing rules regarding clients of Equitable agents. In the event that an
Agent and an Equitable agent each claim the same person as a client, the
client's desires will be taken into consideration in determining the application
of this Section 12.7(b).
ss.12.8 No Waiver of Rights. The rights, remedies and obligations
contained in this Agreement are cumulative and are in addition to any and all
rights, remedies and obligations, at law or in equity, which the parties hereto
are entitled to under state and federal laws. Failure of any party to insist
upon strict compliance with any of the conditions of this Agreement shall not be
construed as a waiver of any of the conditions, but the same shall remain in
full force and effect. No waiver of any of the provisions of this Agreement
shall be deemed, or shall constitute, a waiver of any other provisions, whether
or not similar, nor shall any waiver constitute a continuing waiver.
ss.12.9 Scope of Agreement. All Schedules and Exhibits to this Agreement
are part of the Agreement.
ARTICLE XIII
SALES BY OR THROUGH BANKS
ss.13.1 Applicability of Article; Supplement Definitions. This Article
XIII applies only if the Broker-Dealer or the General Agent distributes
Contracts in one or more of the following circumstances (collectively referred
to as "Bank-Related Sales"): (i) on the premises of a bank, trust company,
savings bank, savings and loan association, or other institution (a) the
deposits of which are insured by the Federal Deposit Insurance Corporation
("FDIC") or (b) which is chartered, organized, regulated or supervised under the
authority of any federal or state bank or similar financial institution
regulatory agency or authority (collectively, "Banks"); (ii) by means of
personal, telephone, mail or other oral or written contacts originating from the
premises of a Bank; or (iii) to persons which are referred to the Broker-Dealer
or General Agent by a Bank. For purposes of this Article XIII, the term "Bank
Regulatory Requirements" shall include (i) the Interagency Statement on Retail
Sales of Non-deposit Products (February 15, 1994), published by the U.S. Office
of the Comptroller of the Currency, the Board of Governors of the Federal
Reserve System, the FDIC and the U.S. Office of Thrift Supervision, as
supplemented or amended from time to time, and (ii) any federal or state laws,
regulations, orders, directives, circulars, agreements in writing, memoranda,
commitments in writing or other legal or supervisory requirements which may be
administered, adopted, promulgated, enforced or applied with respect to any
Bank-Related Sales under this Agreement (regardless of whether any such
requirement is of general or specific applicability) by any federal or state
bank or financial institution regulatory agency or authority.
-17-
<PAGE>
ss.13.2 Written Agreement for Bank-Related Sales. The authorization to
distribute Contracts which is conferred on the Broker-Dealer and the General
Agent under Article II shall not include Bank-Related Sales unless such
activities are conducted under the terms of a written agreement with each and
any Bank where such Bank-Related Sales will take place which complies in all
respects with applicable Bank Regulatory Requirements. The Broker-Dealer or
General Agent shall, upon request of the Distributor, provide the Distributor
with a copy of each such written agreement. The Broker-Dealer and the General
Agent shall have exclusive responsibility for ensuring strict compliance with
the terms and conditions of any such written agreement.
ss.13.3 Compliance with Bank Regulatory Requirements. The Broker-Dealer
and the General Agent each represent and warrant, on behalf of itself and the
Agents, that it is in compliance with all Bank Regulatory Requirements
applicable to third parties engaged in Bank-Related Sales. The Broker-Dealer and
the General Agent shall have exclusive responsibility for ensuring strict
compliance with all Bank Regulatory Requirements with respect to any
Bank-Related Sales under this Agreement. The Broker-Dealer and the General Agent
each undertake to keep the Distributor promptly informed of any amendments,
supplements or changes to applicable Bank Regulatory Requirements which may
affect this Agreement.
ss.13.4 Production by Distributor of Certain Books and Records. The
Distributor agrees to provide to the Broker-Dealer or the General Agent, upon
request, any books and records relating to Contracts distributed through
Bank-Related Sales for purposes of making such records available for inspection
by any federal or state bank or financial institution regulatory agency with
jurisdiction over such Bank-Related Sales, or over a Bank through which such
sales are conducted. The Distributor's agreement under this Section 13.4 shall
not constitute or represent in any respect an admission or acknowledgment by
Distributor that such federal or state bank or financial institution regulatory
authority has any jurisdiction over Distributor or the activities of the
Distributor, and the Distributor expressly disclaims any such jurisdiction.
ss.13.5 Prospectuses and Applications Provided by Distributor; Sales
Materials. During the term of this Agreement, the Distributor will provide the
Broker-Dealer and the General Agent, without charge, with as many copies of the
Contract Prospectus(es), Trust Prospectus and applications for the Contracts,
containing those disclosures specifically required by any applicable Bank
Regulatory Requirements with respect to products not insured by the FDIC and
similar matters, as the Broker-Dealer or the General Agent reasonably may
request. The Broker-Dealer and the General Agent shall have exclusive
responsibility for ensuring the use and delivery of such materials, and any
sales materials described in Article VI, in compliance with applicable Bank
Regulatory Requirements. The terms of Article VI otherwise shall govern the
furnishing, use and return of such documents and materials.
ss.13.6 Supplemental Indemnification of Distributor. In addition to the
indemnifications provided to the Distributor under Section 11.1, the
Broker-Dealer and the General Agent, jointly and severally, shall indemnify each
person entitled to indemnification under Section 11.1 for any losses, claims,
damages or liabilities (as described in Section 11.1) arising out of or based on
violations or failures to comply with any Bank Regulatory Requirements. The
provisions of Article VI otherwise shall govern the terms and procedures with
respect to any indemnifications provided under this Section 13.6.
ss.13.7 Construction With Other Provisions. The provisions of this Article
XIII are in addition to the other terms and conditions of this Agreement. In the
event of any inconsistency between the provisions of this Article XIII and any
other term or condition of this Agreement, the requirements of this Article XIII
and not such other term or condition, shall govern.
-18-
<PAGE>
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized officers.
___________________________________
[Broker-Dealer]
By: _______________________________
Title:
___________________________________
[General Agent]
By: _______________________________
Title:
Agreed to and accepted as of the _______ day
of _________________, 199_____ in New York, New York
EQ FINANCIAL CONSULTANTS, INC.
By: __________________________________
Title: _________________________________
L5S_1.DOC/27424
MTX_1.DOC/29589
OPU_1.DOC/32034
10/95
octsa.doc
-19-
<PAGE>
EXHIBIT A
GENERAL LETTER OF RECOMMENDATION
The General Agent hereby certifies to the Equitable Life Companies that all
the following requirements have been fulfilled in conjunction with the
submission of appointment papers for all applicants as agents of an Equitable
Life Company submitted by the General Agent, as listed on Schedule A. The
General Agent will, upon request, forward proof of compliance with same to the
Equitable Life Companies in a timely manner.
1. We have made a thorough and diligent inquiry and investigation relative
to each applicant's identity, residence and business reputation and declare that
each applicant is personally known to us, has been examined by us, is known to
be of good moral character, has a good business reputation, is reliable, is
financially responsible and is worthy of a license. Each individual is
trustworthy, competent and qualified to act as an agent for the Equitable Life
Companies and to hold himself or herself out in good faith to the general
public. We vouch for each applicant.
2. We have on file a Form U-4 which was completed by each applicant. We
have fulfilled all the necessary investigative requirements for the registration
of each applicant as a registered representative through our NASD member firm,
and each applicant is presently registered as an NASD registered representative.
The above information in our files indicates no fact or condition which would
disqualify the applicant from receiving a license, and all the findings of all
investigative information is favorable.
3. We certify that all educational requirements have been met for the
specific state in which each applicant is requesting a license and that all such
persons have fulfilled the appropriate examination, education and training
requirements.
4. If the applicant is required to submit his or her picture, signature or
securities registration in the state in which he or she is applying for a
license, we certify that those items forwarded to the Equitable Life Companies
are those of the applicant and the securities registration is a true copy of the
original.
5. We hereby warrant that the applicant is not applying for a license with
an Equitable Life Company in order to place insurance chiefly or solely on his
or her life or property or on the lives, property or liability of relatives or
associates.
6. We certify that each applicant will receive close and adequate
supervision, and that we will make inspection when needed of any or all risks
written by these applicants, to the end that the insurance interest of the
public will be properly protected.
-i-
<PAGE>
7. We will not permit any applicant to transact insurance as an agent until
duly licensed therefor. No applicants have been given a contract or furnished
supplies, nor have any applicants been permitted to write or solicit business or
to act as an agent in any capacity, and they will not be so permitted until the
certificate of authority or license applied for is received.
This certification is given and agreed to as of the day and year first
above written.
___________________________________
[Broker-Dealer]
By: _______________________________
___________________________________
[General Agent]
By: _______________________________
-ii-
<PAGE>
SCHEDULE A
APPLICANTS FOR APPOINTMENT AS AGENTS
1)_________________________________
2)_________________________________
3)_________________________________
4)_________________________________
5)_________________________________
___________________________________
[Broker-Dealer]
By: _______________________________
___________________________________
[General Agent]
By: _______________________________
-i-
<PAGE>
EXHIBIT B
SPECIAL PROCEDURES FOR INITIAL PREMIUM TRANSMITTAL
As indicated in Section 4.5, an initial Premium which is not accompanied by
a properly completed application for a Contract may be accepted by an Equitable
Life Company if the Broker-Dealer and the General Agent have accepted, agreed to
and complied with the procedures set forth in this Exhibit B.
Wire Transmittal and Submission of Application
1. The Broker-Dealer will cause the initial Premium to be paid to the
appropriate Equitable Life Company by wire transfer.
2. The wire transfer will be accompanied by a simultaneous telephone
facsimile transmission of application information in a form prescribed by the
Equitable Life Companies.
3. Any cost associated with the correction of an error made in the
investment of an initial Premium shall be borne by the Broker-Dealer, unless
such error results directly from any improper action of an Equitable Life
Company.
4. If no properly completed application for a Contract is received by an
Equitable Life Company within the period of time specified by it, and the
initial Premium is therefore returned to the proposed owner of the Contract, the
General Agent shall promptly repay to the Distributor, upon request from the
Distributor, any and all compensation received by the General Agent, based on
the Premium paid into the Contract, and shall pay any loss incurred as a result
of the Premium being returned, unless such loss results directly from any
improper action of an Equitable Life Company.
The procedures set forth in this Exhibit B, as further described in the
Contract Prospectus and as modified from time to time by the Equitable Life
Companies, are hereby accepted and agreed to as of the day and year first above
written.
___________________________________
[Broker-Dealer]
By: _______________________________
___________________________________
[General Agent]
By: _______________________________
-i-
<PAGE>
SCHEDULE I
EXCLUDED CONTRACTS
Contracts made available through the Income Management Group of
Equitable, including the following, are not covered by this Agreement:
NQ Accumulator
Rollover IRA
Assured Growth Plan
NQ Assured Payment Plan
(Certain Period and Life Annuity)
NQ Assured Payment Plan
(Certain Period Only)
-i-
INSURED PERSON [EQUITABLE VARIABLE LIFE
INSURANCE COMPANY LOGO]
POLICY OWNER
VARIABLE
INITIAL LIFE
INSURANCE BENEFIT INSURANCE
POLICY
- --------------------------------------------------------------------------------
WE AGREE to pay the Insurance Benefit of this policy to the beneficiary upon
receiving proof of the insured person's death.
We will deduct any unpaid policy loan and loan interest and any overdue charges
prior to such payment. We also agree to provide you (the policy Owner) with the
other rights and benefits of this policy.
These agreements are subject to the provisions of this policy.
The amount of the initial premium for this policy is shown on Page 3.
- --------------------------------------------------------------------------------
VARIABLE LIFE INSURANCE PLAN WITH ADDITIONAL PREMIUM OPTION
This is a variable life insurance policy with premium flexibility. You can:
o make additional premium payments, within limits;
o change the allocation of the premiums among your investment options; and
o transfer amounts, within limits, among your investment options.
All of these rights and benefits are subject to the terms and conditions of this
policy.
We will put your initial premium and any subsequent net premiums into your
Policy Account. You may then allocate them to one or more investment divisions
of our Separate Account (SA).
THEAMOUNT OF YOUR POLICY ACCOUNT WILL VARY UP OR DOWN DEPENDING ON THE UNIT
VALUE OF THE INVESTMENT DIVISIONS OF OUR SA, WHICH IN TURN DEPENDS ON THE
INVESTMENT PERFORMANCE OF THE CORRESPONDING PORTFOLIOS OF A DESIGNATED
INVESTMENT COMPANY. THERE ARE NO MINIMUM GUARANTEES AS TO THE AMOUNT OF YOUR
POLICY ACCOUNT.
THE AMOUNT OF THE INSURANCE BENEFIT IS BASED ON THE AMOUNT IN YOUR POLICY
ACCOUNT AND WILL VARY AS DESCRIBED ON PAGE 5.
This is a non-participating policy.
- --------------------------------------------------------------------------------
RIGHT TO EXAMINE POLICY. You may examine this policy and if for any reason you
are not satisfied with it, you may cancel it by returning the policy with a
written request for cancellation to our Administrative Office by the 10th day
after you receive it. If you do this, we will refund the premium paid under this
policy.
/s/ Kevin Keefe /s/ Robert W. Barth Chairman
Kevin Keefe Secretary Robert W. Barth of the Board
- --------------------------------------------------------------------------------
No. 87-500
<PAGE>
CONTENTS
- --------
Policy Information 3
Table of Factors 4
Table of Guaranteed Maximum Percentages
for Cost of Insurance Charges 4A
Those Who Benefit from this Policy 5
The Benefits We Pay 5
The Premiums You Pay 6
Your Investment Options 6
The Value of Your Policy Account 7
The Cash Surrender Value of this Policy 10
How a Loan Can Be Made 10
Our Separate Account (SA) 11
Our Annual Report To You 12
Exchange of Policy 13
How Benefits Are Paid 13
Other Important Information 14
A copy of the application for this policy is at the back of this policy.
ADMINISTRATIVE OFFICE
- ---------------------
The address of our Administrative Office is shown on Page 3. You should send any
additional premium payments and requests to that address unless instructed
otherwise.
IN THIS POLICY:
- --------------
"We," "our," and "us" mean Equitable Variable Life Insurance Company.
"You" and "your" mean the owner of this policy at the time an owner's right is
exercised.
No. 87-500 Page 2
<PAGE>
POLICY INFORMATION
Insured Person Richard Roe
Policy Owner Richard Roe
Initial
Insurance Benefit $100,000 Initial Premium $25,172.43
Policy Number XX XXX XXX Benefits Life Insurance
Variable
Beneficiary Margaret H. Roe
Register Date Jul 26, 1987 Issue Age 35
Date of Issue Jul 26, 1987 Sex Male
Additional Premium Minimum Amount is $[1,000]
Policy Loan Minimum Amount is $[500]
Transfer Minimum Amount is $[500]
State of Residence Specimen
**** Administrative Office: Equitable Variable Life Insurance Company ****
Specimen Life Insurance Center
100 Specimen Street
City, State 10001
87-500-3 Page 3 (continued on next page)
<PAGE>
POLICY INFORMATION (CONTINUED) -- POLICY NUMBER XX XXX XXX
POLICY CHARGES
For Transfers: After the first four transfers of amounts in a policy
year among your investment options, we may charge up
to [$25.00] for each additional transfer in that
policy year.
For Additional Premiums: We deduct a [$25.00] administrative charge from each
additional premium before we put it into your Policy
Account.
Surrender Charges: A surrender charge applies to the initial premium
during the first [7] policy years. In the first policy
year it is equal to [7%] of the initial premium. It
decreases by [1%] in each successive policy year to
[1%] of the initial premium in the [seventh] policy
year. Thereafter, no surrender charges apply to the
initial premium. (See Page 10.)
A surrender charge applies to each additional premium
during the first [5] policy years after we receive it
at our Administrative Office. During the policy year
in which we receive an additional premium, the
surrender charge is equal to [5%] of that premium. The
surrender charge for that premium decreases by [1%] in
each successive policy year to [1%] of that premium in
the [fifth] policy year after we receive it.
Thereafter, no surrender charges apply to that
additional premium. (See Page 10.)
87-500-3 Page 3 (continued)
<PAGE>
TABLE OF FACTORS
Male
- --------------------------------------------------------------------------------
Attained Attained
Age Factor Age Factor
-------- ------ -------- ------
0 12.3773 50 2.4728
1 12.3773 51 2.4008
2 12.0449 52 2.3317
3 11.7071 53 2.2654
4 11.3737 54 2.2019
5 11.0429 55 2.1412
6 10.7130 56 2.0831
7 10.3850 57 2.0275
8 10.0595 58 1.9742
9 9.7383 59 1.9230
10 9.4234 60 1.8740
11 9.1158 61 1.8269
12 8.8192 62 1.7818
13 8.5355 63 1.7387
14 7.6552 64 1.6976
15 7.4164 65 1.6584
16 7.1912 66 1.6211
17 6.9785 67 1.5855
18 6.7763 68 1.5516
19 6.5819 69 1.5191
20 6.3938 70 1.4880
21 6.2102 71 1.4583
22 6.0300 72 1.4301
23 5.8526 73 1.4033
24 5.6776 74 1.3781
25 5.5051 75 1.3546
26 5.3350 76 1.3325
27 5.1677 77 1.3117
28 5.0038 78 1.2922
29 4.8436 79 1.2737
30 4.6874 80 1.2560
31 4.5354 81 1.2392
32 4.3879 82 1.2232
33 4.2448 83 1.2082
34 4.1064 84 1.1942
35 3.9726 85 1.1812
36 3.8433 86 1.1692
37 3.7186 87 1.1580
38 3.5985 88 1.1475
39 3.4829 89 1.1374
40 3.3717 90 1.1277
41 3.2649 91 1.1181
42 3.1623 92 1.1082
43 3.0636 93 1.0979
44 2.9689 94 1.0869
45 2.8779 95 1.0748
46 2.7904 96 1.0616
47 2.7064 97 1.0476
48 2.6255 98 1.0334
49 2.5477 99 1.0198
Female
- --------------------------------------------------------------------------------
Attained Attained
Age Factor Age Factor
-------- ------ -------- ------
0 14.2337 50 2.8872
1 14.2203 51 2.8017
2 13.8293 52 2.7193
3 13.4342 53 2.6399
4 13.0430 54 2.5636
5 12.6564 55 2.4901
6 12.2761 56 2.4192
7 11.9000 57 2.3508
8 11.5309 58 2.2845
9 11.1681 59 2.2202
10 10.8128 60 2.1577
11 10.4653 61 2.0971
12 10.1276 62 2.0385
13 9.8011 63 1.9820
14 8.4855 64 1.9279
15 9.1817 65 1.8762
16 8.8891 66 1.8268
17 8.6070 67 1.7794
18 8.3350 68 1.7339
19 8.0712 69 1.6899
20 7.8159 70 1.6474
21 7.5693 71 1.6064
22 7.3277 72 1.5670
23 7.0937 73 1.5294
24 6.8663 74 1.4937
25 6.6457 75 1.4601
26 6.4313 76 1.4285
27 6.2233 77 1.3987
28 6.0215 78 1.3706
29 5.8259 79 1.3440
30 5.6364 80 1.3188
31 5.4530 81 1.2949
32 5.2755 82 1.2724
33 5.1035 83 1.2513
34 4.9369 84 1.2316
35 4.7761 85 1.2135
36 4.6205 86 1.1967
37 4.4706 87 1.1811
38 4.2086 88 1.1665
39 4.0727 89 1.1528
40 3.9423 90 1.1398
41 3.8173 91 1.1272
42 3.6973 92 1.1148
43 3.5822 93 1.1024
44 3.4714 94 1.0897
45 3.3649 95 1.0764
46 3.2622 96 1.0624
47 3.1633 97 1.0480
48 3.0679 98 1.0335
49 2.9759 99 1.0198
87-500-4 Page 4
<PAGE>
TABLE OF GUARANTEED MAXIMUM PERCENTAGES FOR COST OF
INSURANCE CHARGES PER YEAR
Male
- --------------------------------------------------------------------------------
Attained Annual Attained Annual
Age Percentage Age Percentage
- -------- ---------- -------- ----------
0 3.846% 50 .962%
1 1.193 51 .995
2 1.071 52 1.032
3 1.028 53 1.073
4 .965 54 1.118
5 .885 55 1.163
6 .808 56 1.208
7 .735 57 1.249
8 .674 58 1.289
9 .633 59 1.327
10 .602 60 1.368
11 .611 61 1.413
12 .650 62 1.462
13 .730 63 1.516
14 .749 64 1.574
15 .835 65 1.633
16 .915 66 1.689
17 .977 67 1.741
18 1.006 68 1.790
19 1.016 69 1.837
20 1.003 70 1.888
21 .974 71 1.946
22 .930 72 2.013
23 .883 73 2.089
24 .832 74 2.171
25 .779 75 2.251
26 .733 76 2.326
27 .696 77 2.392
28 .665 78 2.446
29 .642 79 2.493
30 .623 80 2.540
31 .614 81 2.590
32 .605 82 2.649
33 .605 83 2.717
34 .606 84 2.789
35 .612 85 2.857
36 .621 86 2.917
37 .636 87 2.965
38 .654 88 2.999
39 .675 89 3.017
40 .698 90 3.016
41 .726 91 2.993
42 .750 92 2.944
43 .778 93 2.865
44 .804 94 2.763
45 .832 95 2.654
46 .858 96 2.562
47 .884 97 2.521
48 .909 98 2.564
49 .936 99 1.948
Female
- --------------------------------------------------------------------------------
Attained Annual Attained Annual
Age Percentage Age Percentage
- -------- ---------- -------- ----------
0 3.755% 50 .912%
1 1.127 51 .932
2 1.018 52 .955
3 .962 53 .983
4 .908 54 1.007
5 .867 55 1.029
6 .806 56 1.046
7 .768 57 1.056
8 .722 58 1.059
9 .687 59 1.061
10 .653 60 1.066
11 .639 61 1.081
12 .643 62 1.107
13 .646 63 1.148
14 .664 64 1.195
15 .680 65 1.243
16 .695 66 1.286
17 .707 67 1.321
18 .703 68 1.344
19 .706 69 1.365
20 .700 70 1.391
21 .687 71 1.428
22 .674 72 1.481
23 .661 73 1.551
24 .654 74 1.632
25 .640 75 1.716
26 .632 76 1.799
27 .623 77 1.875
28 .618 78 1.942
29 .613 79 2.006
30 .612 80 2.071
31 .609 81 2.143
32 .606 82 2.224
33 .601 83 2.314
34 .607 84 2.406
35 .608 85 2.494
36 .622 86 2.575
37 .640 87 2.645
38 .639 88 2.703
39 .666 89 2.746
40 .695 90 2.773
41 .726 91 2.780
42 .755 92 2.765
43 .778 93 2.723
44 .800 94 2.657
45 .821 95 2.581
46 .838 96 2.517
47 .854 97 2.498
48 .873 98 2.556
49 .892 99 1.948
87-500-4A Page 4A
<PAGE>
THOSE WHO BENEFIT
FROM THIS POLICY
OWNER. The Owner of this policy is the insured person unless stated otherwise in
the application, or later changed.
As the Owner, you are entitled to exercise all the rights of this policy while
the insured person is living. To exercise a right, you do not need the consent
of anyone who has only a conditional or future ownership interest in this
policy.
BENEFICIARY. The beneficiary is as stated in the application, unless later
changed. The beneficiary is entitled to the Net Insurance Benefit of this
policy. If two or more persons are named, those who survive the insured person
will share the Net Insurance Benefit equally, unless you have made another
arrangement with us.
If there is no designated beneficiary living at the death of the insured person,
we will pay the Net Insurance Benefit to the surviving children of the insured
person in equal shares. If none survive, we will pay the insured person's
estate.
CHANGING THE OWNER OR BENEFICIARY. While the insured person is living, you may
change the Owner or beneficiary by written notice in a form satisfactory to us.
(You can get such a form from our agent or by writing to us.) The change will
take effect on the date you sign the notice. But, it will not apply to any
payment we may make or other action we take before we receive the notice. If you
change the beneficiary, any previous arrangement you made as to a payment option
for benefits is cancelled. You may choose a payment option for the new
beneficiary in accordance with "How Benefits Are Paid" on Page 13.
ASSIGNMENT. You can assign this policy, but we will not be bound by an
assignment unless we have received it in writing. Your rights and those of any
other person referred to in this policy will be subject to the assignment. We
assume no responsibility for the validity of an assignment. An absolute
assignment will be considered as a change of ownership to the assignee.
- --------------------------------------------------------------------------------
THE BENEFITS
WE PAY
We will pay the Insurance Benefit in effect when the insured person dies to the
beneficiary when we receive at our Administrative Office (1) proof of the
insured person's death; and (2) all other requirements we deem necessary before
such payment may be made. Before payment we will deduct any unpaid policy loan
and loan interest and any overdue charges. This net payment is called the Net
Insurance Benefit. The Net Insurance Benefit in effect at any time will be equal
to the Insurance Benefit minus any unpaid policy loan and loan interest, and
minus any overdue excess deduction if the insured person dies during a grace
period (see Page 8). The Insurance Benefit on any day during a policy year is
equal to (a) the amount in your Policy Account on that day less any pro rata
cost of insurance charge for that policy year (see Page 8), times (b) the factor
shown on Page 4 corresponding to the insured person's attained age at the
beginning of that policy year.
We will add interest to the resulting amount for the period from the date of
death to the date of payment. We will compute the interest at a rate we
determine, but not less than the greater of
87-500-5 Page 5
<PAGE>
THE BENEFITS
WE PAY (continued)
(a) the rate we are paying on the date of payment under the Deposit Option on
Page 13, or (b) the rate required by any applicable law.
Payment of the Net Insurance Benefit may also be affected by other provisions of
this policy. See Pages 15 and 16, where we specify our right to contest the
policy, the suicide exclusion, and what happens if age or sex has been
misstated. Special exclusions or limitations (if any) are listed on Page 3.
- --------------------------------------------------------------------------------
THE PREMIUMS
YOU PAY
The initial premium payment shown on Page 3 is due on or before delivery of the
policy. No insurance will take effect before this premium is paid.
You may pay additional premiums at any time after the end of the [second] policy
year at our Administrative Office, subject to your giving us evidence of
insurability satisfactory to us. We have the right to limit the number and
amount of such additional premium payments. The minimum amount is shown on Page
3. We may increase this minimum amount 90 days after we send you written notice
of such increase. We will not accept additional premiums after the insured
person attains age 78.
We put the full initial premium for this policy into your Policy Account as of
the later of the Register Date or the date we receive it at our Administrative
Office. After we deduct the administrative charge shown on Page 3, we put the
balance of each additional premium you pay into your Policy Account as of the
later of the date we receive any required evidence of insurability or the date
we receive the additional premium at our Administrative Office.
- --------------------------------------------------------------------------------
YOUR INVESTMENT
OPTIONS
ALLOCATIONS. This policy provides investment options for your Policy Account.
Amounts put into your Policy Account are allocated to the investment divisions
of our SA based upon the premium allocation percentages specified in your
application for this policy, a copy of which is at the back of this policy.
Unless you change them, such percentages shall also apply to subsequent premium
allocations.
Allocation percentages must be zero or a whole number not greater than 100. The
sum of the premium allocation percentages must equal 100.
You may change such allocation percentages by written notice to our
Administrative Office. A change will take effect on the date we receive it at
our Administrative Office.
TRANSFERS. At your written request to our Administrative Office we will transfer
amounts from your value in any investment division of our SA to one or more
other divisions of our SA. Any such transfer will take effect on the date we
receive your written request for it at our Administrative Office.
The minimum amount that we will transfer from your value in an investment
division of our SA on any date is the lesser of the minimum transfer amount
shown on Page 3 or your value
87-500 Page 6
<PAGE>
in that investment division on that date, except as stated in the next
paragraph.
We will waive the minimum amount limitation set forth in the immediately
preceding paragraph if the total amount being transferred on that date is at
least the minimum transfer amount shown on Page 3.
Four transfers may be made in a policy year without charge. We may withdraw an
administrative charge from your Policy Account for additional transfers in a
policy year (see Page 3). We will make the administrative charge based on the
proportion that your value in each investment division of our SA bears to your
total value in the investment divisions.
- --------------------------------------------------------------------------------
THE VALUE
OF YOUR
POLICY ACCOUNT
The amount in your Policy Account at any time is equal to the sum of the amounts
you then have in the investment divisions of our SA under this policy, plus any
Loaned Policy Account (see Page 9).
YOUR VALUE IN THE INVESTMENT DIVISIONS OF OUR SEPARATE ACCOUNT (SA). The amount
you have at any time in an investment division of our SA under this policy is
equal to the number of units this policy then has in that division multiplied by
the division's unit value at that time.
Amounts allocated or transferred to an investment division of our SA are used to
purchase units of that division; units are redeemed when amounts are
transferred, allocated, withdrawn or deducted from an investment division. These
transactions are called "policy transactions."
The number of units a policy has in an investment division at any time is equal
to the number of units purchased minus the number of units redeemed in that
division up to that time. The number of units purchased or redeemed in a policy
transaction is equal to the dollar amount of the policy transaction divided by
the division's unit value on the date of the policy transaction. Policy
transactions may be made on any day. The unit value that applies to a
transaction made on a business day will be the unit value for that day. The unit
value that applies to a transaction made on a non-business day will be the unit
value for the next business day.
We determine unit values for the investment divisions of our SA at the end of
each business day. Generally, a business day is any day we are open and the New
York Stock Exchange is open for trading.
The unit value of an investment division of our SA on any business day is equal
to the unit value for that division on the immediately preceding business day
multiplied by the net investment factor for that division on that business day.
The net investment factor for an investment division of our SA on any business
day is (a) divided by (b), minus (c), minus (d), minus (e), where:
87-500-7 Page 7
<PAGE>
THE VALUE OF YOUR
POLICY ACCOUNT
(continued)
(a) in the net asset value of the shares in designated investment companies that
belong to the investment division at the close of business on such business day
before any policy transactions are made on that day, plus the amount of any
dividend or capital gain distribution paid by the investment companies on that
day;
(b) is the net asset value of the shares in designated investment companies that
belong to the investment division at the close of business on the immediately
preceding business day after all policy transactions were made for that day;
(c) is a charge not exceeding .00003288 for each day in that "business day", as
defined above, corresponding to a charge not exceeding 1.20% per year, which is
the sum of 1) a charge not exceeding .85% per year for mortality and expense
risks; plus 2) a charge not exceeding .35% per year for administrative costs;
(d) is a daily mortality charge, which when expressed on an annual basis, will
never exceed the Guaranteed Maximum Percentages shown on Page 4A for the insured
person's attained age and sex. For example, if our current mortality charge were
.60% per year, the corresponding mortality charge would be .00001644 for each
day in that "business day", as defined above; and
(e) is a charge for each day in that "business day", as defined above, which we
reserve the right to determine and impose, for taxes or for amounts set aside as
a reserve for taxes.
The net asset value of an investment company's shares held in each investment
division shall be the value reported to us by that investment company.
Instead of making the mortality charge in (d) above, we reserve the right to
make a charge that we determine at the end of a policy year against the amount
in your Policy Account for that policy year's cost of insurance. If we impose
such a charge, we will determine it from time to time. Any change in it will be
as described in "Changes in Policy Cost Factors" on Page 15. Such charge will
never be greater than the amount in your Policy Account, times the annual
percentage shown on Page 4A for the insured person's attained age and sex for
the portion of the policy year for which such charge applies. In determining the
Insurance Benefit (see Page 5) and the Cash Surrender Value (see Page 10), we
will deduct a pro rata cost of insurance charge for the portion of the policy
year for which such change applies. If imposed, subject to the following
paragraph we will deduct such charge from your amount in each investment
division of our SA based upon the proportion that your value in each investment
division bears to your total value in the investment divisions.
If the amount of the deduction for such charge for a policy year exceeds the Net
Cash Surrender Value at the end of that year, we will send a written notice to
you and any assignee on our records at last known addresses stating that a grace
period of 61 days has begun, starting with the end of that policy year. The
notice will also state the amount of the additional premium payment required to
prevent this policy from ending without value at the end of that grace period.
The required additional premium will equal (a) such excess, plus (b) 25% of the
amount in your
87-500-7 Page 8
<PAGE>
Policy Account on the date the deduction was due times the percentage shown on
Page 4A for the insured person's attained age on the day following the date the
deduction was due, plus (c) the administrative charge shown on Page 3 for
additional premiums. When we receive such required additional premium payment,
we will deduct such excess and we will apply the remainder as an additional
premium, described on Page 6, except that we will not require evidence of
insurability nor will we impose any timing, amount or age limitations for the
required additional premium.
If we do not receive such required additional premium payment at our
Administrative Office before the end of a grace period, we will then (1)
withdraw the amount in your Policy Account, including any applicable surrender
charge; and (2) send a written notice to you and any assignee on our records at
last known addresses stating that this policy has ended without value as of the
end of that grace period.
If the insured person dies during a grace period, we will pay the Net Insurance
Benefit as described on Page 5.
YOUR VALUE IN THE LOANED POLICY ACCOUNT. The amount you have in your Loaned
Policy Account at any time is equal to the amount of any outstanding loan and
interest credited to such Account which has not yet been allocated to the
investment divisions of our SA (see below).
We will credit such Account with interest at annual rates we determine. We will
determine such interest rates annually in advance. The interest rate we
determine each year will apply to the policy year that follows the date of
determination. The annual interest rate will not be less than:
(1) As to the portion of such Account that does not exceed an amount equal to
the lesser of a) 50% of the amount in your Policy Account; or b) the Cash
Surrender Value minus 85% of the total premiums paid under this policy, the rate
we are then charging for policy loan interest; and
(2) As to the balance of such Account, the rate we are then charging for the
policy loan interest reduced by no more than 2%.
We will determine the amount in (1) above each time any of the following occurs:
1) a new loan is made;
2) a partial repayment of a loan is made;
3) a policy anniversary;
based on the amount in your Policy Account, the Cash Surrender Value and total
premiums paid as of that occurrence.
Interest on the amount you have in your Loaned Policy Account will be allocated
on each policy anniversary, or upon full repayment of the loan, to each of the
investment divisions of our SA based on the proportion that your value in each
investment division of our SA bears to your total value in the investment
divisions.
87-500-9 Page 9
<PAGE>
THE CASH
SURRENDER VALUE
OF THIS POLICY
CASH SURRENDER VALUE. The Cash Surrender Value on any date is equal to the
amount in the Policy Account on that date minus (a) any pro rata cost of
insurance charge (see Page 8), and minus (b) the total of any applicable
surrender charges.
NET CASH SURRENDER VALUE. The Net Cash Surrender Value is equal to the Cash
Surrender Value minus any unpaid policy loan and loan interest. You may give up
this policy for its Net Cash Surrender Value at any time while the insured
person is living. You may do this by sending us a written request for it and
this policy to our Administrative Office. We will compute the Net Cash Surrender
Value as of the date we receive your request for it and this policy at our
Administrative Office. All insurance coverage under this policy ends on such
date.
SURRENDER CHARGES. If, during a surrender charge period, you give up this policy
for its Net Cash Surrender Value or it ends without value at the end of a grace
period, we will withdraw the total applicable surrender charges from the Policy
Account. The surrender charge applicable to each premium and the surrender
charge periods are shown in the Policy Information section.
The surrender charge applicable to a premium stays the same throughout a policy
year. It changes only at the beginning of the policy year.
- --------------------------------------------------------------------------------
HOW A LOAN
CAN BE MADE
POLICY LOANS. You can get a loan on this policy while it has a loan value. This
policy will be the only security for the loan. The initial loan and each
additional loan must be for at least the minimum loan amount shown on Page 3.
Any amount on loan is part of your Policy Account (see below).
The loan value on any date is 95% of the Cash Surrender Value on that date.
The amount of the loan may not be more than the loan value. Any existing loan
and loan interest will be subtracted from a new loan.
You may request a policy loan by contacting our Administrative Office. You may
tell us how much o the loan is to be allocated from your value in each
investment division of our SA. Such values will be determined as of the date we
receive your request. If you do not tell us, or if we cannot allocate the loan
on the basis of your direction, we will allocate it based on the proportion that
your value in each investment division of our SA bears to your total value in
the investment divisions.
When a loaned amount is allocated from an investment division of our SA, we will
redeem units of that investment division sufficient in value to cover the amount
of the loan so allocated and transfer that amount to your Loaned Policy Account.
LOAN INTEREST. Interest on a loan accrues daily, at an annual rate of 4%. We may
charge a lower rate for any period of time.
87-500-9 Page 10
<PAGE>
Loan interest is due on each policy anniversary. If the interest is not paid
when due, it will be added to your outstanding loan and allocated from the
investment divisions of our SA based on the proportion that your value in each
investment division of our SA bears to your total value in the investment
divisions. The unpaid interest will then be treated as part of the loaned amount
and will bear interest at the loan rate.
When unpaid loan interest is allocated from an investment division of our SA, we
will redeem units of that investment division sufficient in value to cover the
amount of the interest so allocated and transfer that amount to your Loaned
Policy Account.
When a loan plus loan interest first exceeds the Cash Surrender Value, we will
mail to you and any assignee of record at last known addresses a notice that the
policy will terminate if such excess amount is not repaid within 61 days after
we mail such notice.
LOAN REPAYMENT. You may repay all or part of a policy loan at any time while the
insured person is alive and this policy is in force.
We will assume that any payment you make to us while you have a loan is a loan
repayment, unless you tell us in writing that it is an additional premium
payment.
You may tell us how to allocate repayments among the investment divisions of our
SA. If you do not tell us, we will make the allocation on the basis of the
premium allocation percentages then in effect.
We will deduct any existing loan, and loan interest, from the Insurance Benefit
we pay. A policy loan will have a permanent effect on your benefits under this
policy even it is repaid.
- --------------------------------------------------------------------------------
OUR SEPARATE
ACCOUNT (SA)
The Separate Account is our Separate Account FP (SA). We established and we
maintain it under the laws of New York State. Realized and unrealized gains and
losses from the assets of our SA are credited or charged against it without
regard to our other income, gains, or losses. Assets are put in our SA to
support this policy and other variable life insurance policies. Assets may be
put in our SA for other purposes, but not to support contracts or policies other
than variable contracts.
The assets of our SA are our property. The portion of its assets equal to the
reserves and other policy liabilities with respect to our SA will not be
chargeable with liabilities arising out of any other business we conduct. We may
transfer assets of an investment division in excess of the reserves and other
liabilities with respect to that division to another investment division or to
our General Account.
INVESTMENT DIVISIONS. Our SA consists of "investment divisions." Each division
may invest its assets in a separate class of shares of a designated investment
company or companies. The investment divisions of our SA that you chose for your
initial premium allocations are shown on the application for this policy, a copy
of which is at the back of this policy. We may from time to time make other
investment divisions available to you.
87-500-11 Page 11
<PAGE>
OUR SEPARATE
ACCOUNT (SA)
(continued)
We will provide you with written notice of all material details including
investment objectives and all charges.
We have the right to change or add designated investment companies. We have the
right to add or remove investment divisions. We have the right to withdraw
assets of a class of policies to which this policy belongs from an investment
division and put them in another investment division. We also have the right to
combine any two or more investment divisions. The term "investment division" in
this policy shall then refer to any other investment division in which the
assets of a class of policies to which this policy belongs were placed.
We have the right to:
1. register or deregister the Separate Account under the Investment Company Act
of 1940;
2. run the Separate Account under the direction of a committee, and discharge
such committee at any time;
3. restrict or eliminate any voting rights of policy owners, or other persons
who have voting rights as to the Separate Account; and
4. operate the Separate Account or one or more of the investment divisions by
making direct investments or in any other form. If we do so, we may invest
the assets of the Separate Account or one or more of the investment divisions
in any legal investments. We will rely upon our own or outside counsel for
advice in this regard. Also, unless otherwise required by law or regulation,
an investment adviser or any investment policy may not be changed without our
consent. If required by law or regulation, the investment policy of an
investment division of our SA will not be changed unless approved by the
Superintendent of Insurance of New York State or deemed approved in
accordance with such law or regulation. If so required, the process for
getting such approval is filed with the insurance supervisory official of the
jurisdiction in which this policy is delivered.
If any of these changes result in a material change in the underlying
investments of an investment division of our SA, we will notify you of such
change, as required by law. If you have value in that investment division, and
if you wish, we will transfer it at your written direction from that division
(without charge) to another investment division of our SA, and you may then
change your premium allocation percentages.
- --------------------------------------------------------------------------------
OUR ANNUAL
REPORT TO YOU
For each policy year we will send you a report for this policy that shows the
current Insurance Benefit, the number of units, the unit value and the total
value you have in each investment division of our SA, the Cash Surrender Value
and any outstanding policy loan with the current loan interest rate. The report
will also show such other information as may be required by the insurance
supervisory official of the jurisdiction in which this policy is delivered.
87-500-11 Page 12
<PAGE>
EXCHANGE OF
POLICY
You may exchange this policy for a policy of permanent fixed benefit life
insurance on the life of the insured person. You may make such an exchange
within 24 months after the Date of Issue shown on Page 3. We will not require
evidence of insurability. We will require that:
1. This policy be in effect on the exchange date; and
2. Any loan and loan interest on this policy be repaid.
The date of exchange will be the later of: (a) the date you send us this policy
and the signed request on our form for such exchange; or (b) the date we receive
at our Administrative Office any sum due to be paid for such exchange.
THE NEW POLICY. The new policy will be our "Flexible Premium Adjustable Life
Plan" policy. It is a policy of permanent fixed benefit life insurance. It will
have the same Register Date, Date of Issue, and Issue Age as this policy. It
will have a face amount equal to the Initial Insurance Benefit under this
policy. The premium for the new policy will be based on our rates in effect on
its Register Date for the same class of risk as under this policy.
Upon request we will tell you the amount of the premium for the new policy, and
of any extra sum required or allowance to be made for a premium or Cash
Surrender Value adjustment that takes appropriate account of the premiums and
cash surrender values under this policy and under the new policy. If so
required, we have filed a detailed statement of the method of computing such an
adjustment with the insurance supervisory official of the jurisdiction in which
this policy is delivered.
- --------------------------------------------------------------------------------
HOW BENEFITS
ARE PAID
You can have the Net Insurance Benefit or the Net Cash Surrender Value paid in
one sum. Or, you can choose another form of payment for all or part of them. If
you do not arrange for a specific choice before the insured person dies, the
beneficiary will have this right when the insured person dies. If you do make an
arrangement, however, the beneficiary cannot change it after the insured person
dies.
Payments under the following options will not be affected by the investment
experience of any investment division of our SA after proceeds are applied under
such options.
The options are:
1. DEPOSIT: The sum will be left on deposit for a period mutually agreed upon.
We will pay interest at the end of every month, every 3 months, every 6
months or every 12 months, as chosen.
87-500-13 Page 13
<PAGE>
HOW BENEFITS
ARE PAID
(continued)
2. INSTALLMENT PAYMENTS: There are two ways that we pay installments:
FIXED PERIOD: We will pay the sum in equal installments for a specified
number of years (not more than 30). The installments will be at least those
shown in the Table of Guaranteed Payments on Page 17.
FIXED AMOUNT: We will pay the sum in installments as mutually agreed upon
until the original sum, together with interest on the unpaid balance, is used
up.
3. MONTHLY LIFE INCOME: We will pay the sum as a monthly income for life. The
amount of the monthly payment will be at least that shown in the Table of
Guaranteed Payments on Page 17. You may choose any one of three ways to
receive monthly life income. We will guarantee payments for at least 10 years
(called "10 Years Certain"); at least 20 years (called "20 Years Certain");
or until the payments we make equal the original sum (called "Refund
Certain").
4. OTHER: We will apply the sum under any other option requested that we make
available at the time of the insured person's death or Net Cash Surrender
Value withdrawal.
We guarantee interest under the Deposit Option at the rate of 3% a year and
under either Installment Option at 3 1/2% a year. We may raise these guaranteed
rates. We may also allow interest under the Deposit Option and under either
Installment Option at a rate above the guaranteed rate.
The payee may name and change a successor payee for any amount we would
otherwise pay to the payee's estate.
Any arrangements involving more than one of the options, or a payee who is not a
natural person (for example, a corporation) or who is a fiduciary, must have our
approval. Also, details of all arrangements will be subject to our rules at the
time the arrangement takes effect. These include rules on: the minimum amount we
will apply under an option and minimum amounts for installment payments;
withdrawal or commutation rights; naming payees and successor payees; and
proving age and survival.
Payment choices (or any later changes) will be made and will take effect in the
same way as a change of beneficiary. Amounts applied under these options will
not be subject to the claims of creditors or to legal process, to the extent
permitted by law.
- --------------------------------------------------------------------------------
OTHER IMPORTANT
INFORMATION
YOUR CONTRACT WITH US. This policy is issued in consideration of payment of the
initial premium shown on Page 3.
87-500-13 Page 14
<PAGE>
This policy and the attached copy of the initial application and any subsequent
application in connection with an additional premium payment make up the entire
contract. The rights conferred by this policy are in addition to those provided
by applicable Federal and State laws and regulations.
Only our Chairman of the Board, our President or one of our Vice Presidents can
modify this contract or waive any of our rights or requirements under it. The
person making these changes must put them in writing and sign them.
PREMIUMS AND POLICY CHANGES -- APPLICABLE TAX LAW. For you and the beneficiary
to receive the tax treatment accorded to life insurance under the Federal law,
this policy must qualify initially and continue to qualify as life insurance
under the Internal Revenue Code or successor law. Therefore, to assure this
qualification for you we reserve the right to refund the portion of any premium
payment or to decline to accept additional premium payments that would cause the
policy to fail to qualify as life insurance under applicable tax law as
interpreted by us. Further, we reserve the right to make changes in this policy
(for example in the factors on Page 4) or to make distributions from the policy
to the extent we deem it necessary to qualify this policy as life insurance. Any
such changes will apply uniformly to all policies that are affected. You will be
given advance written notice of such changes.
CHANGES IN POLICY COST FACTORS. Changes in policy cost factors (the charge for
the mortality and expense risk, the administrative cost charge, the mortality
charge and the cost of insurance charges) will be by class and based upon
changes in future expectation for such elements as mortality, persistency,
expenses and taxes.
Any change in policy cost factors will be determined in accordance with
procedures and standards on file, if required, with the insurance supervisory
official of the jurisdiction in which this policy is delivered.
WHEN THE POLICY IS INCONTESTABLE. We have the right to contest the validity of
this policy based on material misstatements made in the initial application for
this policy. We also have the right to contest the validity of any increase in
the Insurance Benefit attributable to any additional premium based on material
misstatements made in any application in connection with that premium. However,
we will not contest the validity of this policy after it has been in effect
during the lifetime of the insured person for two years from the Date of Issue
shown in the Policy Information section. We will not contest any increase in the
Insurance Benefit attributable to any additional premium after such increase has
been in effect for two years during the insured person's lifetime.
No statement shall be used to contest a claim unless contained in an
application.
All statements made in an application are representations and not warranties.
87-500-15 Page 15
<PAGE>
OTHER IMPORTANT
INFORMATION
(continued)
WHAT IF AGE OR SEX HAS BEEN MISSTATED? If the insured person's age or sex has
been misstated on the application, the Insurance Benefit will be calculated
using the appropriate factor (see Page 4) for the correct age or sex.
HOW THE SUICIDE EXCLUSION AFFECTS BENEFITS. If the insured person commits
suicide (while sane or insane) within two years after the Date of Issue shown on
Page 3, our liability will be limited to the payment of a single sum. This sum
will be equal to the initial premium paid, minus any unpaid policy loan and loan
interest. If the insured person commits suicide (while sane or insane) within
two years after the date we receive any additional premium for this policy at
our Administrative Office, then our liability as to the portion of the Insurance
Benefit attributable to any such premium will be limited to the payment of a
single sum equal to such premium, minus any unpaid policy loan and loan
interest.
HOW WE MEASURE POLICY PERIODS AND ANNIVERSARIES. We measure policy years, policy
months and policy anniversaries from the Register Date shown in the Policy
Information section. Each policy month begins on the same day in each calendar
month as the day of the month in the Register Date.
HOW, WHEN AND WHAT WE MAY DEFER. We may not be able to obtain the value of the
assets of the investment divisions of our SA if: (1) the New York Stock Exchange
is closed; or (2) the Securities and Exchange Commission requires trading to be
restricted or declares an emergency. During such times, as to amounts allocated
to the investment divisions of our SA, we may defer:
1. Determination and payment of the Net Cash Surrender Value;
2. Determination and payment of any Net Insurance Benefit;
3. Payment of loans;
4. Determination of the unit values of the investment divisions of our SA; and
5. Any requested transfer.
THE BASIS WE USE FOR COMPUTATION. We provide Cash Surrender Values that are at
least equal to or more than those required by law. If required to do so, we have
filed with the insurance supervisory official of the jurisdiction in which this
policy is delivered a detailed statement of our method of computing such values.
We base minimum cash surrender values on the "Commissioner's 1980 Standard
Ordinary Male and Female Mortality Tables."
POLICY CHANGES. You may change this policy to another available plan of
insurance or make other changes, subject to our rules at the time of change.
87-500-15 Page 16
<PAGE>
TABLE OF GUARANTEED PAYMENTS
(MINIMUM AMOUNT FOR EACH $1,000 APPLIED)
OPTION 2A
FIXED PERIOD INSTALLMENTS
-------------------------
Number
of Years' Monthly Annual
Installments Installment Installment
- ------------ ----------- -----------
1 $84.70 $1000.00
2 43.08 508.60
3 29.21 344.86
4 22.28 263.04
5 18.12 213.99
6 15.36 181.32
7 13.38 158.01
8 11.91 140.56
9 10.76 127.00
10 9.84 116.18
11 9.09 107.34
12 8.47 99.98
13 7.94 93.78
14 7.49 88.47
15 7.11 83.89
16 6.77 79.89
17 6.47 76.37
18 6.20 73.25
19 5.97 70.47
20 5.76 67.98
21 5.57 65.74
22 5.40 63.70
23 5.24 61.85
24 5.10 60.17
25 4.97 58.62
26 4.84 57.20
27 4.73 55.90
28 4.63 54.69
29 4.54 53.57
30 4.45 52.53
If installments are paid every 3 months, they will be 25.32% of the annual
installments. If they are paid every 6 months, they will be 50.43% of the annual
installments.
<TABLE>
<CAPTION>
OPTION 3
MONTHLY LIFE INCOME
-------------------
10 Years Certain 20 Years Certain Refund Certain
---------------------- ----------------------- -----------------------
AGE Male Female Male Female Male Female
--- ---- ------ ---- ------ ---- ------
<S> <C> <C> <C> <C> <C> <C>
50 $4.50 $3.96 $4.27 $3.89 $4.28 $3.87
51 4.58 4.02 4.32 3.94 4.35 3.93
52 4.67 4.09 4.38 4.00 4.42 3.99
53 4.75 4.16 4.44 4.06 4.50 4.05
54 4.85 4.24 4.50 4.12 4.58 4.11
55 4.94 4.32 4.56 4.18 4.66 4.18
56 5.04 4.40 4.62 4.24 4.74 4.25
57 5.15 4.49 4.68 4.31 4.83 4.33
58 5.26 4.58 4.74 4.38 4.93 4.41
59 5.37 4.68 4.81 4.45 5.03 4.49
60 5.49 4.78 4.86 4.52 5.13 4.58
61 5.62 4.89 4.92 4.59 5.24 4.67
62 5.75 5.00 4.98 4.66 5.35 4.77
63 5.88 5.12 5.04 4.73 5.48 4.88
64 6.03 5.25 5.09 4.80 5.60 4.99
65 6.17 5.39 5.14 4.88 5.74 5.10
66 6.32 5.53 5.19 4.95 5.88 5.22
67 6.48 5.68 5.24 5.01 6.03 5.35
68 6.64 5.83 5.28 5.08 6.18 5.49
69 6.80 6.00 5.32 5.14 6.35 5.64
70 6.97 6.17 5.35 5.20 6.53 5.79
71 7.15 6.34 5.38 5.26 6.71 5.96
72 7.32 6.53 5.41 5.30 6.91 6.13
73 7.50 6.72 5.43 5.35 7.12 6.32
74 7.67 6.92 5.45 5.38 7.34 6.52
75 7.85 7.12 5.47 5.42 7.58 6.73
76 8.02 7.32 5.48 5.44 7.82 6.96
77 8.19 7.53 5.49 5.46 8.09 7.21
78 8.36 7.75 5.50 5.48 8.38 7.47
79 8.52 7.96 5.50 5.49 8.67 7.75
80 8.67 8.16 5.51 5.50 9.00 8.05
81 8.81 8.36 5.51 5.51 9.34 8.39
82 8.94 8.55 5.51 5.51 9.70 8.73
83 9.06 8.73 5.51 5.51 10.10 9.12
84 9.16 8.90 5.51 5.51 10.52 9.53
85 & over 9.26 9.05 5.51 5.51 10.96 9.97
</TABLE>
Amounts for Monthly Life Income are based on the age nearest birthday when
income starts. Amounts for ages not shown will be furnished on request.
No. 87-500 Page 17
<PAGE>
[EQUITABLE VARIABLE LIFE INSURANCE COMPANY LOGO]
A Stock Life Insurance Company
Home Office: 787 Seventh Avenue, New York, N.Y. 10019
----------------------------------------------------------------------
Variable Life Insurance Plan with Additional Premium Option. Insurance
payable upon death. Values provided by this policy are based on the
investment experience of the investment divisions of a separate
account which in turn depends on the investment performance of the
corresponding portfolios of investment companies. They are not
guaranteed as to dollar amount. Investment options are described on
Page 6. This is a non-participating policy.
----------------------------------------------------------------------
No. 87-500
LIMITATION ON AMOUNT In this rider, "we", "our" and "us"
OF INSURANCE RIDER mean Equitable Variable Life Insurance
(This limitation is required Company. "You" and "your" mean the
by the laws of New York State) Owner of the policy at the time an
Owner's right is exercised.
- --------------------------------------------------------------------------------
If the insured person dies before the age of 14 years and 6 months, the benefit
paid may be limited. The total amount of life insurance payable on the life of
the insured person under this policy and under all other insurance policies in
effect on the Date of Issue of this policy, in our company and all other
companies shall be subject to the following maximum amount limitation.
Insured Person's Maximum Amount
Attained Age Limitation
- ---------------- --------------
Less than 4 years The greater of:
and 6 months a) $5,000; or
b) 25% of the total amount of life insurance
in effect on the life of the applicant
for this policy on its Date of Issue.
Between 4 years The greater of:
and 6 months and a) $10,000; or
14 years and 6 months b) 50% of the total amount of life insurance
in effect on the life of the applicant for
this policy on its Date of Issue.
"Total amount of life insurance" as used in this rider shall not include: (a)
return premium benefits; (b) additional benefits in the event of death by
accident; (c) any additional insurance provided by use of dividends; (d) any
variable death benefit above the guaranteed minimum death benefit provided under
a variable life insurance policy; (e) any additional insurance provided by
amounts credited to a policy after its issue; or (f) any insurance provided by a
policy in excess of the face amount of insurance in force at the time of demand
or death. Any part of this Policy not in excess of the above limits at the date
of issue will not become in excess by reason of any later reduction in the
amount of insurance on the Applicant's life.
If the total amount of life insurance on the life of the insured person is in
excess of this maximum, we will terminate the amount of such excess insurance
that is in effect under this policy. We will do this when the insured person
dies or upon your earlier written request, but only if we are given satisfactory
proof that such excess exists at the time of such death or request.
We will make an appropriate refund of the Monthly Deductions from the Policy
Account if such excess insurance is terminated. We will determine the amount of
the refund based on the Monthly Deductions made for the terminated insurance,
with appropriate adjustments to recognize interest on such deductions (at 4-1/2%
per year compounded annually), any loan on the policy, and any partial
withdrawal of the net cash surrender value. We will pay the refund to you if the
insured person is living at the time of payment. If the insured person is not
then living, we will pay it to the beneficiary. When such refund is paid, all of
our obligations for such excess insurance terminate.
No such refund will be paid, however, if we have paid an excess amount as part
of a death claim without having had proof satisfactory to us that an excess
amount of insurance existed.
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
/s/ Joseph J. Melone
--------------------
Joseph J. Melone
Chairman & Chief
Executive Officer
/s/ Molly K. Heines
-------------------
Vice President &
Secretary
R85-406
ACCELERATED DEATH BENEFIT RIDER
DISCLOSURE. THE RECEIPT OF THE ACCELERATED DEATH BENEFIT AMOUNT MAY BE TAXABLE.
YOU SHOULD SEEK ASSISTANCE FROM YOUR PERSONAL TAX ADVISOR PRIOR TO ELECTING THE
BENEFIT.
In this rider "we", "our" and "us" mean Equitable Variable Life Insurance
Company. "You" means the Owner of the policy at the time an Owner's right is
exercised. "This Policy" means the policy to which this rider is attached.
POLICY NUMBER:
- --------------------------------------------------------------------------------
THIS RIDER'S BENEFIT. We will pay an accelerated death benefit in the amount
requested by the Owner, if the Insured is terminally ill, subject to the
provisions of this rider. We will pay an accelerated death benefit under this
policy only once and in one lump sum.
The maximum accelerated death benefit you may receive is the lesser of:
1. 75% of the death benefit payable under this policy, less any policy loan
and loan interest, and
2. $500,000.
The maximum aggregate amount of Accelerated Death Benefit payments that will be
paid under all policies issued by us on the life of the Insured is $500,000.
For purposes of this benefit, the death benefit does not include any accidental
death benefits, non-convertible term riders or convertible term riders not in
their conversion period or any benefits payable because of the death of any
person other than the Insured.
There is no premium or cost of insurance charge for this rider.
We reserve the right to deduct a processing charge of up to $250.00 per policy
from the accelerated death benefit payment.
We reserve the right to set a minimum of $5,000 on the amount you may receive
under this rider.
To be eligible for this benefit you must provide satisfactory evidence to us
that the Insured's life expectancy is six months or less. This evidence must
include, but is not limited to, certification by a physician licensed to
practice medicine in the United States or Canada and who is acting within the
scope of such license. A physician does not include the Owner, the Insured or a
member of either's family.
HOW THIS RIDER RELATES TO THE POLICY. This rider is a part of the policy. Its
benefits are subject to all the terms of this rider and the policy. This rider
has no cash or loan value. This rider is non-participating.
INTEREST. Interest will be charged on the amount of the Accelerated Death
Benefit and on any unpaid premium we advance after the payment of an Accelerated
Death Benefit. The interest rate at the time the Accelerated Death Benefit
payment is made will not exceed the greater of the following on such date:
1. the yield on a 90-day treasury bill; or
2. the maximum adjustable policy loan interest rate permitted in the state
in which this policy is delivered.
EFFECT OF ACCELERATED DEATH BENEFIT PAYMENT ON THE POLICY. The Accelerated Death
Benefit payment, plus any accrued interest will be treated as a lien against the
policy values. The amount of the lien will be pro-rated against the policy's net
cash surrender value, if any, and the net amount at risk. (The net amount at
risk is defined as the death benefit of the policy minus the cash surrender
value, if any.)
For variable life policies, the portion of the cash surrender value that is on
lien and is allocated to investment divisions of the Separate Account will be
transferred to and maintained as a part of the unloaned Guaranteed Investment
Division (GID). You may tell us how much of the accelerated payment is to be
transferred from each investment division. Units will be redeemed from each
investment division sufficient to cover the amount that is on lien and
transferred to the unloaned portion of the GID. If you do not tell us how to
allocate the payment, we will allocate it based on our rules then in effect. For
variable life policies that do not have a GID, the portion of the cash surrender
value that is on lien will be transferred to and maintained in the Money Market
Division of our Separate Account. Such transfers will occur as of the date we
approve an Accelerated Death Benefit payment. The amount payable at death under
the policy will be reduced by the full amount of the lien and any other
indebtedness outstanding under the policy. The Owner's access to the policy's
cash surrender value will be limited to the excess of the policy's cash
surrender value over the amount of the lien secured against the cash surrender
value and any other outstanding policy loans and loan interest.
R94-102 Accelerated Death Benefit Rider
<PAGE>
If premiums are required to be paid under the policy, they will continue to be
due after the payment of the accelerated payment. If any premium is not paid
when due, the amount of the unpaid premium will be added to the lien.
If the policy is a flexible premium life policy, and the net cash surrender
value is not large enough to cover a monthly deduction, Equitable Variable will
advance a premium sufficient enough to keep the policy in force for up to six
months following the date we approve an Accelerated Death Benefit payment. This
premium advance will be added to the lien.
If a Disability Premium Waiver Rider is in effect under the policy, this
policy's premiums or monthly deductions will be waived as of the date we approve
an Accelerated Death Benefit payment.
RIDER LIMITATIONS. Your right to be paid under the Accelerated Death Benefit
Rider is subject to the following conditions:
1. The policy must be in force other than as extended term insurance.
2. For term insurance policies, there must be at least one year left before
the final term expiry date.
3. For adjustable life policies (Equitable Life Account), if policy is term
insurance or paid-up extended term insurance, there must be at least one
year left before the final term expiry date.
4. You must make a claim in writing in a form that is satisfactory to us.
5. If the policy is collaterally assigned, except to us as security for a
policy loan or an Accelerated Death Benefit lien, we must receive a full
release of this assignment for the election of this benefit.
6. An Accelerated Death Benefit payment must be approved in writing by any
irrevocable beneficiary.
7. For joint last to die policies, a claim may be made under the rider only
after the death of the first of the Insureds to die.
8. You may not be eligible for the Accelerated Death Benefit if we are
notified that:
a) you are required by law to elect this rider's benefit in order to
meet the claims of creditors, whether in bankruptcy or otherwise; or
b) you are required by a government agency to elect this rider's
benefit in order to apply for, obtain, or keep a government benefit
or entitlement.
9. You may request only one Accelerated Death Benefit Amount to be paid per
policy.
10. We may require examination of the Insured by our medical representatives
at our expense as part of any proof to establish eligibility for
benefits under this rider.
WHEN THIS RIDER WILL TERMINATE. You may terminate this rider by asking us in
writing in a form satisfactory to us and by sending the rider to our
Administrative Office. The effective date of the termination will be the
beginning of the policy month which coincides with or next follows the date we
receive your request. Once this rider has been terminated, another Accelerated
Death Benefit Rider cannot be attached to the policy.
This rider will terminate when the policy terminates. If at any time the amount
of the lien equals the total death benefit the policy will terminate.
Termination will occur 31 days after we have mailed notice to the last known
address of the Owner, unless the full amount of the lien is repaid within 31
days of the notice.
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
/s/ Molly K. Heines /s/ Joseph J. Melone
Molly K. Heines Joseph J. Melone
Vice President & Secretary Chairman & Chief Executive Officer
R94-102 Accelerated Death Benefit Rider
NAME CHANGE ENDORSEMENT
In this endorsement, "your" means the Owner of the policy at the time an Owner's
right is exercised.
- --------------------------------------------------------------------------------
EFFECTIVE DATE: JANUARY 1, 1997
This endorsement is made part of your policy as of its Effective Date. It should
be attached to and kept with your policy.
Effective January 1, 1997, Equitable Variable Life Insurance Company merged into
The Equitable Life Assurance Society of the United States.
The Equitable Life Assurance Society of the United States is now responsible for
all the liabilities and obligations of Equitable Variable Life Insurance Company
under this policy. Wherever the name Equitable Variable Life Insurance Company
appears in this policy, the name The Equitable Life Assurance Society of the
United States is hereby substituted. In all other respects, the terms and
provisions of this policy remain unchanged and in full force and effect.
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
/s/ Pauline Sherman /s/ James M. Benson
Pauline Sherman, James M. Benson,
Vice President & Secretary President & Chief Executive Officer
S.97-1
RESTATED CHARTER
OF
THE EQUITABLE LIFE ASSURANCE SOCIETY
OF THE UNITED STATES
Under
Sections 1206 and 7103
of the New York Insurance Law and
Section 807
of the New York Business Corporation Law
----------------------------------------
The undersigned, being the President and Secretary, respectively, of
The Equitable Life Assurance Society of the United States (the "Corporation"), a
New York corporation, hereby certify as follows:
1. The name of the Corporation is The Equitable Life Assurance Society
of the United States.
2. The Charter of the Corporation was filed in the office of the
Superintendent of Insurance of the State of New York on May 10, 1859.
3. The Charter of the Corporation, as restated and amended prior to the
date hereof (the "Charter"), is hereby further amended, as authorized by
Sections 1206 and 7103 of the New York Insurance Law and Section 807 of the New
York Business Corporation Law, in connection with the Agreement and Plan of
Merger (the "Merger Agreement"), dated as of September 19, 1996, by and between
the Corporation and Equitable Variable Life Insurance Company ("EVLICO"), to (i)
revise the provision of the Charter relating to the definition of "Life
Insurance" to be in accordance with Section 1113 (a) (1) of the New York
Insurance Law and (ii) delete the third sentence in paragraph (a) of Article VI
relating to the Board of Directors of the Corporation.
4. The text of the Charter, as amended by the filing of this Restated
Charter, is hereby amended and restated to read in full as follows:
<PAGE>
RESTATED CHARTER
OF
THE EQUITABLE LIFE ASSURANCE SOCIETY
OF THE UNITED STATES
ARTICLE I
The name of the corporation shall continue to be The Equitable Life
Assurance Society of the United States.
ARTICLE II
The principal office of the corporation shall be located in the City of
New York, County of New York, State of New York.
ARTICLE III
(a) The business to be transacted by the corporation shall be the kinds
of insurance business specified in Paragraphs 1, 2 and 3 of Subsection (a) of
Section 1113 of the Insurance Law of the State of New York, as follows:
(1) "Life insurance": every insurance upon the lives of human
beings, and every insurance appertaining thereto, including the
granting of endowment benefits, additional benefits in the event of
death by accident, additional benefits to safeguard the contract from
lapse, accelerated payments of part or all of the death benefit or a
special surrender value upon diagnosis (A) of terminal illness defined
as a life expectancy of twelve months or less, or (B) of a medical
condition requiring extraordinary medical care or treatment regardless
of life expectancy, or provide a special surrender value, upon total
and permanent disability of the insured, and optional modes of
settlement of proceeds. "Life insurance" also includes additional
benefits to safeguard the contract against lapse in the event of
unemployment of the insured. Amounts paid the insurer for life
insurance and proceeds applied under optional modes of settlement or
under dividend options may be allocated by the insurer
-2-
<PAGE>
to one or more separate accounts pursuant to section four thousand two
hundred forty of the Insurance Law of the State of New York;
(2) "Annuities": all agreements to make periodical payments
for a period certain or where the making or continuance of all or some
of a series of such payments, or the amount of any such payment,
depends upon the continuance of human life, except payments made under
the authority of paragraph (1) above. Amounts paid the insurer to
provide annuities and proceeds applied under optional modes of
settlement or under dividend options may be allocated by the insurer to
one or more separate accounts pursuant to section four thousand two
hundred forty of the Insurance Law of the State of New York;
(3) "Accident and health insurance": (i) insurance against
death or personal injury by accident or by any specified kind or kinds
of accident and insurance against sickness, ailment or bodily injury,
including insurance providing disability benefits pursuant to article
nine of the workers' compensation law, except as specified in item (ii)
hereof; and (ii) non-cancellable disability insurance, meaning
insurance against disability resulting from sickness, ailment or bodily
injury (but excluding insurance solely against accidental injury) under
any contract which does not give the insurer the option to cancel or
otherwise terminate the contract at or after one year from its
effective date or renewal date;
and any amendments to such paragraphs or provisions in substitution therefor
which may be hereafter adopted; such other kind or kinds of business now or
hereafter authorized by the laws of the State of New York to stock life
insurance companies; and such other kind or kinds of business to the extent
necessarily or properly incidental to the kind or kinds of insurance business
which the corporation is authorized to do.
(b) The corporation shall also have all other rights, powers, and
privileges now or hereafter authorized or granted by the Insurance Law of the
State of New York or any other law or laws of the State of New York to stock
life insurance companies having power to do the kind or kinds of business
hereinabove referred to and any and all other rights, powers, and privileges of
a corporation now or hereafter granted by the laws of the State of New York and
not prohibited to such stock life insurance companies.
-3-
<PAGE>
ARTICLE IV
The business of the corporation shall be managed under the direction of
the Board of Directors.
ARTICLE V
(a) The Board of Directors shall consist of not less than 13 (except
for vacancies temporarily unfilled) nor more than 36 Directors, as may be
determined from time to time by a vote of a majority of the entire Board of
Directors. No decrease in the number of Directors shall shorten the term of any
incumbent Director.
(b) The Board of Directors shall have the power to adopt from time to
time such By-Laws, rules and regulations for the governance of the officers,
employees and agents and for the management of the business and affairs of the
corporation, not inconsistent with this Charter and the laws of the State of New
York, as may be expedient, and to amend or repeal such by-laws, rules and
regulations, except as provided in the By-Laws.
(c) Any or all of the Directors may be removed at any time, either
for or without cause, by vote of the shareholders.
(d) No Director shall be personally liable to the corporation or any of
its shareholders for damages for any breach of duty as a Director; provided,
however, that the foregoing provision shall not eliminate or limit (i) the
liability of a Director if a judgment or other final adjudication adverse to him
or her establishes that his or her acts or omissions were in bad faith or
involved intentional misconduct or that he or she personally gained in fact a
financial profit or other advantage to which he or she was not legally entitled,
or were acts or omissions which (a) he or she knew or reasonably should have
known violated the Insurance Law of the State of New York or (b) violated a
specific standard of care imposed on Directors directly, and not by reference,
by a provision of the Insurance Law of the State of New York (or any regulations
promulgated thereunder) or (c) constituted a knowing violation of any other law;
or (ii) the liability of a Director for any act or omission prior to September
21, 1989.
-4-
<PAGE>
ARTICLE VI
(a) The Directors of the corporation shall be elected at each annual
meeting of shareholders of the corporation in the manner prescribed by law. The
annual meeting of shareholders shall be held at such place, within or without
the State of New York, and at such time as may be fixed by or under the By-Laws.
At each annual meeting of shareholders, directors shall be elected to hold
office for a term expiring at the next annual meeting of shareholders.
(b) Newly created directorships resulting from an increase in the
number of Directors and vacancies occurring in the Board of Directors shall be
filled by vote of the shareholders.
(c) Each Director shall be at least twenty-one years of age, and at all
times a majority of the Directors shall be citizens and residents of the United
States, and not less than three of the Directors shall be residents of the State
of New York.
(d) The Board of Directors shall elect such officers as are provided
for in the By-Laws at the first meeting of the Board of Directors following each
annual meeting of the shareholders. In the event of the failure to elect
officers at such meeting, officers may be elected at any regular or special
meeting of the Board of Directors. A vacancy in any office may be filled by the
Board of Directors at any regular or special meeting.
ARTICLE VII
The duration of the corporate existence of the corporation shall be
perpetual.
ARTICLE VIII
The amount of the capital of the corporation shall be $2,500,000,
and shall consist of 2,000,000 Common Shares, par value $1.25 per share.
-5-
<PAGE>
5. The Merger Agreement and the foregoing amendments and restatement of
the Charter were duly authorized, adopted and approved at a meeting duly called
and held on September 19, 1996 by the board of directors of the Corporation,
followed by the written consent of the sole shareholder of the Corporation, and
the Merger Agreement was duly authorized, adopted and approved by the unanimous
written consent dated September 19, 1996 of the board of directors of EVLICO
followed by the written consent of the sole shareholder of EVLICO.
IN WITNESS WHEREOF, the undersigned have executed this Restated Charter
on the 19th day of September, 1996.
/s/ James M. Benson
--------------------------
James M. Benson
President
/s/ Pauline Sherman
--------------------------
Pauline Sherman
Secretary
-6-
<PAGE>
STATE OF NEW YORK )
) SS.:
COUNTY OF NEW YORK )
On this 19th day of September, 1996, before me personally came
James M. Benson, to me personally known to me to be one of the persons who
executed the foregoing instrument, and he duly acknowledged to me that he
executed the same.
/s/ Edra F Bloom
--------------------------
Notary Public
EDRA F. BLOOM
Notary Public, State of New York
No. 31-4962102
Qualified in New York County
Commission Expires February 12th, 1998
STATE OF NEW YORK )
) SS.:
COUNTY OF NEW YORK )
On this 19th day of September, 1996, before me personally came Pauline
Sherman, to me personally known to me to be one of the persons who executed the
foregoing instrument, and she duly acknowledged to me that she executed the
same.
/s/ Edra F Bloom
--------------------------
Notary Public
EDRA F. BLOOM
Notary Public, State of New York
No. 31-4962102
Qualified in New York County
Commission Expires February 12th, 1998
44606-1.DOC
-7-
BY-LAWS
OF
THE EQUITABLE LIFE ASSURANCE SOCIETY
OF THE UNITED STATES
ARTICLE I
---------
SHAREHOLDERS
------------
Section 1.1. Annual Meetings. The annual meeting of the shareholders of
the Company for the election of Directors and for the transaction of such other
business as properly may come before such meeting shall be held at the principal
office of the Company on the third Wednesday in the month of May at 3:00 P.M. or
at such other hour as may be fixed from time to time by resolution of the Board
of Directors and set forth in the notice or waiver of notice of the meeting.
[Business Corporation Law Sec. 602 (a), (b)]*
Section 1.2. Notice of Meetings; Waiver. The Secretary or any Assistant
Secretary shall cause written notice of the place, date and hour of each meeting
of the shareholders, and, in the case of a special meeting, the purpose or
purposes for which such meeting is called and by or at whose direction such
notice is being issued, to be given, personally or by first class mail, not
fewer than ten nor more than fifty days before the date of the meeting to each
shareholder of record entitled to vote at such meeting.
No notice of any meeting of shareholders need be given to any
shareholder who submits a signed waiver of notice, in person or by proxy,
whether before or after the meeting or who attends the meeting, in person or by
proxy, without protesting prior to its conclusion the lack of notice of such
meeting. [Business Corporation Law Sec. 605, 606]
Section 1.3. Organization; Procedure. At every meeting of shareholders
the presiding officer shall be the Chairman of the Board or, in the event of his
or her absence or disability, the President or, in his or her absence, any
officer of the Company designated by the shareholders. The order of business and
all other matters of procedure at every meeting of shareholders may be
determined by such presiding officer. The Secretary, or in the event of his or
her absence or disability, an Assistant Secretary or, in his or her absence, an
appointee of the presiding officer shall act as Secretary of the meeting.
- ------------------------------------
* Citations are to the Business Corporation Law and Insurance Law of the
State of New York, as in effect on [date of adoption], and are inserted
for reference only, and do not constitute a part of the By-Laws.
1
<PAGE>
Section 1.4. Action Without a Meeting. Any action required or permitted
to be taken by shareholders may be taken without a meeting on written consent
signed by the holders of all the outstanding shares entitled to vote on such
action. [Business Corporation Law Sec. 615]
ARTICLE II
BOARD OF DIRECTORS
Section 2.1. Regular Meetings. Regular meetings of the Board of
Directors shall be held at the principal office of the Company on the third
Thursday of each month, except January and August, unless a change in place or
date is ordered by the Board of Directors. The first regular meeting of the
Board of Directors following the annual meeting of the shareholders of the
Company is designated as the Annual Meeting. [Business Corporation Law Sec. 710]
Section 2.2. Special Meetings. Special meetings of the Board of
Directors may be called at any time by the Chairman of the Board, the President,
or two directors. [Business Corporation Law Sec. 710]
Section 2.3. Independent Directors; Quorum. Not less than one-third of
the Board of Directors shall be persons who are not officers or employees of the
Company or of any entity controlling, controlled by, or under common control
with the Company and who are not beneficial owners of a controlling interest in
the voting stock of the Company or of any such entity.
A majority of the entire Board of Directors, including at least one
Director who is not an officer or employee of the Company or of any entity
controlling, controlled by, or under common control with the Company and who is
not a beneficial owner of a controlling interest in the voting stock of the
Company or of any such entity, shall constitute a quorum for the transaction of
business at any regular or special meeting of the Board of Directors, except as
otherwise prescribed by these By-Laws. Except as otherwise prescribed by law,
the Charter of the Company, or these By-Laws, the vote of a majority of the
Directors present at the time of the vote, if a quorum is present at such time,
shall be the act of the Board of Directors. A majority of the Directors present,
whether or not a quorum is present, may adjourn any meeting from time to time
and from place to place. As used in these By-Laws "entire Board of Directors"
means the total number of directors which the Company would have if there were
no vacancies. [Business Corporation Law Sec. 707, 708; Insurance Law Sec. 1202]
Section 2.4. Notice of Meetings. Notice of a regular meeting of the
Board of Directors need not be given. Notice of a change in the time or place of
a regular meeting of the Board of Directors shall be given to each Director at
least ten days in advance thereof in writing and by telephone or telecopy.
Notice of each special meeting of the Board of Directors shall be given to each
Director at least two days in advance thereof in
2
<PAGE>
writing and by telephone or telecopy, and shall state in general terms the
purpose or purposes of the meeting. Any such notice for a regular or special
meeting not specifically required by this Section 2.4 to be given by telephone
or telecopy shall be deemed given to a director when sent by mail, telegram,
cablegram or radiogram addressed to such director at his or her address
furnished to the Secretary. Notice of an adjourned regular or special meeting of
the Board of Directors shall be given if and as determined by a majority of the
directors present at the time of the adjournment, whether or not a quorum is
present. [Business Corporation Law Sec. 711]
Section 2.5. Newly Created Directorships; Vacancies. Any newly created
directorships resulting from an increase in the number of Directors and
vacancies occurring in the Board of Directors for any reasons (including
vacancies resulting from the removal of a Director without cause) shall be
filled by the shareholders of the Company. [Business Corporation Law Sec. 705;
Insurance Law Sec. 4211]
Section 2.6. Presiding Officer. In the absence or inability to act of
the Chairman of the Board at any regular or special meeting of the Board of
Directors, any Vice-Chairman of the Board, or the President, as designated by
the chief executive officer, shall preside at such meeting. In the absence or
inability to act of all of such officers, the Board of Directors shall select
from among their number present a presiding officer.
Section 2.7. Telephone Participation in Meetings; Action by Consent
Without Meeting. Any Director may participate in a meeting of the Board or any
committee thereof by means of a conference telephone or similar communications
equipment by means of which all persons participating in the meeting can hear
each other at the same time, and such participation shall constitute presence in
person at such meeting; provided that one meeting of the Board each year shall
be held without the use of such conference telephone or similar communication
equipment. When time is of the essence, but not in lieu of a regularly scheduled
meeting of the Board of Directors, any action required or permitted to be taken
by the Board or any committee thereof may be taken without a meeting if all
members of the Board or such committee, as the case may be, consent in writing
to the adoption of a resolution authorizing the action and such written consents
and resolution are filed with the minutes of the Board or such committee, as the
case may be. [Business Corporation Law Sec. 708].
ARTICLE III
COMMITTEES
Section 3.1. Committees. (a) The Board of Directors, by resolution
adopted by a majority of the entire Board of Directors, may establish from among
its members an Executive Committee of the Board composed of five or more
Directors. Not less than one-third of the members of such committee shall be
persons who are not officers or employees of the Company or of any entity
controlling, controlled by, or under common
3
<PAGE>
control with the Company and who are not beneficial owners of a controlling
interest in the voting stock of the Company or of any such entity.
(b) The Board of Directors, by resolution adopted by a majority of the
entire Board of Directors, shall establish from among its members one or more
committees with authority to discharge the responsibilities enumerated in this
subsection (b). Each such committee shall be composed of five or more Directors
and shall be comprised solely of Directors who are not officers or employees of
the Company or of any entity controlling, controlled by, or under common control
with the Company and who are not beneficial owners of a controlling interest in
the voting stock of the Company or of any such entity. Such committee or
committees shall have responsibility for:
(i) Recommending to the Board of Directors candidates for
nomination for election by the shareholders to the Board of
Directors;
(ii) Evaluating the performance of officers deemed by any such
committee to be principal officers of the Company and
recommending their selection and compensation;
(iii) Recommending the selection of independent certified public
accountants;
(iv) Reviewing the scope and results of the independent audit and
of any internal audit; and
(v) Reviewing the Company's financial condition.
(c) The Board of Directors, by resolution adopted from time to time by
a majority of the entire Board of Directors, may establish from among its
members one or more additional committees of the Board, each composed of five or
more Directors. Not less than one-third of the members of each such committee
shall be persons who are not officers or employees of the Company or of any
entity controlling, controlled by, or under common control with the Company and
who are not beneficial owners of a controlling interest in the voting stock of
the Company or of any such entity. [Business Corporation Law Sec. 712; Insurance
Law Sec. 1202]
Section 3.2. Authority of Committees. Each committee shall have all the
authority of the Board of Directors, to the extent permitted by law and provided
in the resolution creating such committee, provided, however, that no committee
shall have the authority of the Board of Directors contained in Sections 1.1,
1.3, 2.1, 3.1, 3.2, 3.3, 3.4, 3.5, 3.7, 3.8, 4.1, 4.2, 4.3, 4.4. 4.5, 4.6, 5.1,
5.2, 7.1, 7.3, 7.4, 7.5 or 8.1 or these By-Laws, nor shall any committee have
authority to amend or repeal any resolution of the Board of Directors. [Business
Corporation Law Sec. 712]
4
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Section 3.3. Quorum and Manner of Acting. A majority of the total
membership that a committee would have if there were no vacancies (including at
least one Director who is not an officer or employee of the Company or of any
entity controlling, controlled by, or under common control with the Company and
who is not a beneficial owner of a controlling interest in the voting stock of
the Company or of any such entity) shall constitute a quorum for the transaction
of business. The vote of a majority of the members present at the time of the
vote, if a quorum is present at such time, shall be the act of such committee.
Except as otherwise prescribed by these By-Laws or by the Board of Directors,
each committee may elect a chairman from among its members, fix the times and
dates of its meeting, and adopt other rules of procedure.
Section 3.4. Removal of Members. Any member (and any alternate member)
of a committee may be removed by vote of a majority of the entire Board of
Directors.
Section 3.5. Vacancies. Any vacancy occurring in any committee for any
reason may be filled by vote of a majority of the entire Board of Directors.
Section 3.6. Subcommittees. Any committee may appoint one or more
subcommittees from its members. Any such subcommittee may be charged with the
duty of considering and reporting to the appointing committee on any matter
within the responsibility of the committee appointing such subcommittee but
cannot act in place of the appointing committee.
Section 3.7. Alternate Members of Committees. The Board of Directors
may designate, by resolution adopted by a majority of the entire Board of
Directors, one or more directors as alternate members of any committee who may
replace any absent member or members at a meeting of such committee. [Business
Corporation Law Sec. 712]
Section 3.8. Attendance of Other Directors. Except as otherwise
prescribed by the Board of Directors, members of the Board of Directors may
attend any meeting of any committee.
ARTICLE IV
OFFICERS
Section 4.1. Chairman of the Board. The Board of Directors may at a
regular or special meeting elect from among their number a Chairman of the Board
who shall hold office, at the pleasure of the Board of Directors, until the next
Annual Meeting.
The Chairman of the Board shall preside at all meetings of the Board of
Directors and also shall exercise such powers and perform such duties as may be
delegated or assigned to or required of him or her by these By-Laws or by or
pursuant to authorization of the Board of Directors.
5
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Section 4.2. Vice-Chairman of the Board. The Board of Directors may at
a regular or special meeting elect from among their number one or more
Vice-Chairmen of the Board who shall hold office, at the pleasure of the Board
of Directors, until the next Annual Meeting.
The Vice-Chairman of the Board shall exercise such powers and perform
such duties as may be delegated or assigned to or required of them by these
By-Laws or by or pursuant to authorization of the Board of Directors or by the
Chairman of the Board.
Section 4.3. President. The Board of Directors shall at a regular or
special meeting elect from among their number a President who shall hold office,
at the pleasure of the Board of Directors, until the next Annual Meeting and
until the election of his or her successor.
The President shall exercise such powers and perform such duties as may
be delegated or assigned to or required of him or her by these By-Laws or by or
pursuant to authorization of the Board of Directors or (if the President is not
the chief executive officer) by the chief executive officer. The President and
Secretary may not be the same person.
Section 4.4. Chief Executive Officer. The Chairman of the Board or the
President shall be the chief executive officer of the Company as the Board of
Directors from time to time shall determine, and the Board of Directors from
time to time may determine who shall act as chief executive officer in the
absence or inability to act of the then incumbent.
Subject to the control of the Board of Directors, and to the extent not
otherwise prescribed by these By-Laws, the chief executive officer shall have
plenary power over all departments, officers, employees, and agents of the
Company, and shall be responsible for the general management and direction of
all the business and affairs of the Company.
Section 4.5. Secretary. The Board of Directors shall at a regular or
special meeting elect a Secretary who shall hold office, at the pleasure of the
Board of Directors, until the next Annual Meeting and until the election of his
or her successor.
The Secretary shall issue notices of the meeting of the shareholders
and the Board of Directors and its committees, shall keep the minutes of the
meetings of the shareholders and the Board of Directors and its committees and
shall have custody of the Company's corporate seal and records. The Secretary
shall exercise such powers and perform such other duties as relate to the office
of the Secretary, and also such powers and duties as may be delegated or
assigned to or required of him or her by or pursuant to authorization of the
Board of Directors or by the Chairman of the Board or (if the Chairman of the
Board is not the chief executive officer) the chief executive officer.
Section 4.6. Other Offices. The Board of Directors may elect such other
officers as may be deemed necessary for the conduct of the business of the
Company. Each such
6
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officer elected by the Board of Directors shall exercise such powers and perform
such duties as may be delegated or assigned to or required of him or her by the
Board of Directors of the chief executive officer, and shall hold office until
the next Annual Meeting, but at any time may be suspended by the chief executive
officer or by the Board of Directors, or removed by the Board of Directors.
[Business Corporation Law Sec. 715, 716]
ARTICLE V
CAPITAL STOCK
Section 5.1. Transfers of Stock; Registered Shareholders. (a) Shares of
stock of the Company shall be transferable only upon the books of the Company
kept for such purpose upon surrender to the Company or its transfer agent or
agents of a certificate (unless such shares shall be uncertificated shares)
representing shares, duly endorsed or accompanied by appropriate evidence of
succession, assignment or authority to transfer. Within a reasonable time after
the transfer of uncertificated shares, the Company shall send to the registered
owner thereof a written notice containing the information required to be set
forth or stated on certificates.
(b) Except as otherwise prescribed by law, the Board of Directors may
make such rules, regulations and conditions as it may deem expedient concerning
the subscription for, issue, transfer and registration of, shares of stock.
Except as otherwise prescribed by law, the Company, prior to due presentment for
registration of transfer, may treat the registered owner of shares as the person
exclusively entitled to vote, to receive notification, and otherwise to exercise
all the rights and powers of an owner. [Business Corporation Law Sec.508(d),
(f); Insurance Law Sec. 4203]
Section 5.2. Transfer Agent and Registrar. The Board of Directors may
appoint one or more transfer agents and one or more registrars, and may require
all certificates representing shares to bear the signature of any such transfer
agents or registrars. The same person may act as transfer agent and registrar
for the Company.
ARTICLE VI
EXECUTION OF INSTRUMENTS
Section 6.1. Execution of Instruments. (a) Any one of the following,
namely, the Chairman of the Board, any Vice-Chairman of the Board, the
President, any Vice-President (including a Deputy or Assistant Vice-President or
any other Vice-President designated by a number or a word or words added before
or after the title Vice-President to indicate his or her rank or
responsibilities), the Secretary, or the Treasurer, or any officer, employee or
agent designated by or pursuant to authorization of the Board of Directors or
any committee created under these By-Laws, shall have power in the ordinary
course of business to enter into contracts or execute instruments on behalf of
the
7
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Company (other than checks, drafts and other orders drawn on funds of the
Company deposited in its name in banks) and to affix the corporate seal. If any
such instrument is to be executed on behalf of the Company by more than one
person, any two or more of the foregoing or any one or more of the foregoing
with an Assistant Secretary or an Assistant Treasurer shall have power to
execute such instrument and affix the corporate seal.
(b) The signature of any officer may be in facsimile on any such
instrument if it shall also bear the actual signature, or personally inscribed
initials, of an officer, employee or agent empowered by or pursuant to the first
sentence of this Section to execute such instrument, provided that the Board of
Directors or a committee thereof may authorize the issuance of insurance
contracts and annuity contracts on behalf of the Company bearing the facsimile
signature of an officer without the actual signature or personally inscribed
initials of any person.
(c) All checks, drafts and other orders drawn on funds of the Company
deposited in its name in banks shall be signed only pursuant to authorization of
and in accordance with rules prescribed from time to time by the Board of
Directors or a committee thereof , which rules may permit the use of facsimile
signatures.
Section 6.2. Facsimile Signatures of Former Officers. If any officer
whose facsimile signature has been placed upon any instrument shall have ceased
to be such officer before such instrument is issued, it may be issued with the
same effect as if he or she had been such officer at the time of its issue.
Section 6.3. Meaning of Term "Instruments". As used in this Article VI,
the term "instruments" includes, but is not limited to, contracts and
agreements, checks, drafts and other orders for the payment of money, transfers
of bonds, stocks, notes and other securities, and powers of attorney, deeds,
leases, releases of mortgages, satisfactions and all other instruments entitled
to be recorded in any jurisdiction.
ARTICLE VII
GENERAL
Section 7.1. Reports of Committees. Reports of any committee charged
with responsibility for supervising or making investments shall be submitted at
the next meeting of the Board of Directors. Reports of other committees of the
Board of Directors shall be submitted at a regular meeting of the Board of
Directors as soon as practicable, unless otherwise directed by the Board of
Directors.
Section 7.2. Financial Statements and Reports, etc. At the meeting of
the Board of Directors falling on the third Thursday of February, the Annual
Statement and audited financial statements of the Company for the preceding
year, together with an opinion with respect to such audited financial statements
by such independent certified public accountants as may have been selected by
the Board of Directors, shall be submitted.
8
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Interim reports on the financial condition of the Company shall be submitted at
a regular meeting of the Board of Directors as soon as practicable following the
end of each of the first three quarterly financial periods in each year. All
such financial statements and interim reports shall be filed with the records of
the Board of Directors and a note of such submission shall be spread upon the
minutes.
Section 7.3. Independent Certified Public Accountants. The books and
accounts of the Company shall be audited throughout each year by such
independent certified public accountants as shall be selected by the Board of
Directors.
Section 7.4. Directors' Fees. The Directors shall be paid such fees for
their services in any capacity as may have been authorized by the Board of
Directors. No Director who is a salaried officer of the Company shall receive
any fees for serving as a Director of the Company. [Business Corporation Law
Sec. 713(e)]
Section 7.5. Indemnification of Directors, Officers and Employees. (a)
To the extent permitted by the law of the State of New York and subject to all
applicable requirements thereof:
(i) any person made or threatened to be made a party to any
action or proceeding, whether civil or criminal, by
reason of the fact that he or she, or his or her testator
or intestate, is or was a director, officer or employee
of the Company shall be indemnified by the Company;
(ii) any person made or threatened to be made a party to any
action or proceeding , whether civil or criminal, by
reason of the fact that he or she, or his or her testator
or intestate serves or served any other organization in
any capacity at the request of the Company may be
indemnified by the Company; and
(iii) the related expenses of any such person in any of said
categories may be advanced by the Company.
(b) To the extent permitted by the law of the State of New York, the
Company may provide for further indemnification or advancement of expenses by
resolution of shareholders of the Company or the Board of Directors, by
amendment of these By-Laws, or by agreement. [Business Corporation Law Sec.
721-726; Insurance Law Sec. 1216]
Section 7.6. Waiver of Notice. Notice of any meeting of the Board of
Directors or any committee thereof shall not be required to be given to any
Director who submits a signed waiver of notice whether before or after the
meeting, or who attends the meeting without protesting, prior to or at its
commencement, the lack of notice to him. [Business Corporation Law Sec. 711(c)]
9
<PAGE>
Section 7.7. Company. The term "Company" in these By-Laws means The
Equitable Life Assurance Society of the United States.
ARTICLE VIII
AMENDMENT OF BY-LAWS
Section 8.1. Amendment of By-Laws. Subject to Section 1210 of the
Insurance Law of the State of New York, these By-Laws (other than Sections 1.4,
2.2, 2.3, 2.4, 2.5, 3.1, 3.2 and 8.1 (the "Governance By-Laws") and all By-Laws
adopted by vote of the shareholders of the Company) may be amended or repealed
and new By-Laws, consistent with the Governance By-Laws and with all By-Laws
adopted by the shareholders of the Company, may be adopted at a regular or
special meeting of the Board of Directors, provided that a notice, given not
less than ten days before the meeting in writing and by telephone or telecopy,
shall set forth the amendment or repeal or new By-Laws proposed to be acted upon
at such meeting. [Business Corporation Law Sec. 601; Insurance Law Sec. 1210]
10
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY
OF
THE UNITED STATES
BY-LAWS
As Amended July 22, 1992
11
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY
OF
THE UNITED STATES
Table of Contents
-----------------
ARTICLE I SHAREHOLDERS 1
Section 1.1 Annual Meetings 1
Section 1.2 Notice of Meetings; Waiver 1
Section 1.3 Organization; Procedure 1
Section 1.4 Action Without a Meeting 2
ARTICLE II BOARD OF DIRECTORS 2
Section 2.1 Regular Meetings 2
Section 2.2 Special Meetings 2
Section 2.3 Independent Directors; Quorum 2
Section 2.4 Notice of Meetings 2
Section 2.5 Newly Created Directorships; Vacancies 3
Section 2.6 Presiding Officer 3
Section 2.7 Telephone Participation in Meetings; Action by
Consent Without Meeting 3
ARTICLE III COMMITTEES 3
Section 3.1 Committees 3
Section 3.2 Authority of Committees 4
Section 3.3 Quorum and Manner of Acting 5
Section 3.4 Removal of Members 5
Section 3.5 Vacancies 5
Section 3.6 Subcommittees 5
Section 3.7 Alternate Members of Committees 5
Section 3.8 Attendance of Other Directors 5
ARTICLE IV OFFICERS 5
Section 4.1 Chairman of the Board 5
Section 4.2 Vice-Chairman of the Board 6
Section 4.3 President 6
Section 4.4 Chief Executive Officer 6
Section 4.5 Secretary 6
Section 4.6 Other Officers 6
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ARTICLE V CAPITAL STOCK 7
Section 5.1 Transfers of Stock;
Registered Shareholders 7
Section 5.2 Transfer Agent and Registrar 7
ARTICLE VI EXECUTION OF INSTRUMENTS 7
Section 6.1 Execution of Instruments 7
Section 6.2 Facsimile Signature of
Former Officers 8
Section 6.3 Meaning of Term "Instruments" 8
ARTICLE VII GENERAL 8
Section 7.1 Reports of Committees 8
Section 7.2 Financial Statements
and Reports, etc. 8
Section 7.3 Independent Certified
Public Accountants 9
Section 7.4 Directors' Fees 9
Section 7.5 Indemnification of Directors,
Officers and Employees 9
Section 7.6 Waiver of Notice 9
Section 7.7 Company 10
ARTICLE VIII AMENDMENT OF BY-LAWS 10
Section 8.1 Amendment of By-laws 10
ii
DISTRIBUTION AND SERVICING AGREEMENT
This DISTRIBUTION AND SERVICING AGREEMENT, dated as of May 1, 1994, is
made by and among Equico Securities, Inc. ("Equico"), The Equitable Life
Assurance Society of the United States ("Equitable") and Equitable Variable Life
Insurance Company ("Equitable Variable"), as follows:
WHEREAS, pursuant to a Distribution Agreement, dated as of May 1, 1994,
Equico is the principal underwriter of The Hudson River Trust ("Trust"), a
series mutual fund registered under the Investment Company Act of 1940 ("1940
Act") whose shareholders are separate accounts of Equitable and Equitable
Variable and of other insurance companies;
WHEREAS, both Equitable and Equitable Variable issue variable insurance
contracts ("Variable Contracts") whose net premiums or considerations are
allocated in whole or in part to the respective separate accounts of Equitable
and Equitable Variable for investment in the Trust, for direct investment or for
investment in other funding media ("Separate Accounts");
WHEREAS, units of interest in the Separate Accounts are registered
under the Securities Act of 1933 ("1933 Act") to the extent such registration is
required;
WHEREAS, Equitable and Equitable Variable are each broker-dealers
registered under the Securities Exchange Act of 1934, as amended ("1934 Act"),
and each is a member of the National Association of Securities Dealers, Inc.
("NASD");
<PAGE>
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WHEREAS, the Variable Contracts (including all Variable Contracts
issued by Equitable Variable) are offered and sold by members of Equitable's
agency force, or by insurance brokers under contract with Equitable, who are
also registered representatives of Equico and of Equitable ("Agents");
WHEREAS, Equitable and Equitable Variable each desire to engage Equico,
a wholly-owned subsidiary of Equitable which is a registered broker-dealer under
the 1934 Act and a member of the NASD, to assume the responsibilities set forth
in this Agreement with respect to the distribution of the Variable Contracts,
including in particular the responsibility for compliance with broker-dealer
requirements under federal and any applicable state or foreign securities laws
and the NASD Rules of Fair Practice ("NASD Rules") with respect to the offering
of the Variable Contracts, and Equico desires to assume such responsibilities;
WHEREAS, Equico desires to utilize Equitable's services and personnel
in carrying out certain of its responsibilities under this Agreement, and
Equitable is willing to furnish the same on the terms and conditions hereinafter
set forth;
NOW, THEREFORE, the parties hereto agree as follows:
<PAGE>
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ARTICLE I
Distribution Responsibility for the Variable Contracts
Sec. 1.1 Equitable and Equitable Variable authorize Equico to act, and
Equico agrees to serve, as broker-dealer in connection with the distribution of
their respective Variable Contracts to the extent provided in this
Agreement. Equico shall be fully responsible for carrying out all
compliance and supervisory obligations in connection with the distribution of
the Variable Contracts, as required by the NASD Rules and by federal and any
applicable state or foreign securities laws. Equitable shall be fully
responsible for compensating the Agents for their sales of Variable Contracts,
as provided in Section 1.4.
Sec. 1.2 Without limiting the generality of Section 1.1, Equico agrees
that it shall be fully responsible for:
(A) Requiring that each person who is authorized to offer and
sell the Variable Contracts is duly registered as a representative of Equico and
is appropriately licensed, registered or otherwise qualified to offer and sell
the Variable Contracts under the federal securities laws and any applicable
securities laws of each state or other jurisdiction in which the Variable
Contracts offered by such person may be lawfully sold;
(B) Training, supervising and directing the Agents for
purposes of complying on a continuous basis with the NASD Rules and with federal
and state securities laws applicable in connection with the offer and sale of
the Variable Contracts. In this connection, Equico shall:
<PAGE>
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(i) Establish and implement reasonable written procedures
which provide for diligent supervision of sales practices of the Agents;
(ii) Require that Agents shall recommend the purchase of
Variable Contracts only upon reasonable grounds to believe that the purchase is
suitable for each prospective purchaser, and verify their compliance with such
requirement;
(iii) Provide a sufficient number of registered principals
and an adequate compliance staff to carry out the responsibilities set forth
herein; and
(iv) Impose disciplinary measures on the Agents.
(C) Oversight of the securities activities of all persons
engaged directly or indirectly in operations of Equico, Equitable and Equitable
Variable related to the offer or sale of the Variable Products, each of whom
shall be considered a "person associated" with Equico, as defined in Section
3(a)(18) of the 1934 Act. Equico shall have full responsibility for each such
person with regard to his or her training, supervision and control, as
contemplated by Section 15 of the 1934 Act, and, in that connection, shall have
the authority to require that disciplinary action be taken with respect to such
persons.
Sec. 1.3 Equico represents that it is a broker-dealer duly registered
under the 1934 Act and is a member in good standing of the NASD and, to the
extent necessary to perform the activities contemplated hereunder, is duly
registered, or otherwise qualified, under the securities laws of every state or
other jurisdiction in
<PAGE>
-5-
which the Variable Contracts are available for sale, and Equico agrees to
maintain such status. Consistent with its designation as distributor of the
Variable Contracts, as provided in Section 1.1 of this Agreement, Equico
acknowledges that it may be deemed to be an "underwriter" or a "principal
underwriter" of the Separate Accounts under the federal securities laws.
Sec. 1.4 Equitable shall have exclusive responsibility for the payment
of commissions or other fees in accordance with the applicable agreements
between each Agent and Equitable relating to the Variable Contracts. All
compensation paid by Equitable to the Agents with respect to sales of the
Variable Contracts shall be paid by Equitable on its own behalf or on behalf of
Equitable Variable (with respect to sales of Variable Contracts issued by
Equitable Variable), and shall be reflected on the books and records of
Equitable and, to the extent related to Variable Contracts issued by Equitable
Variable, on the books and records of Equitable Variable. The responsibility of
Equitable shall include the performance of all activities necessary in order
that the payment of compensation hereunder complies with all applicable federal
securities laws and state securities and insurance laws. Equitable and Equitable
Variable retain the ultimate right to determine the rates of commission and
other fees to be paid to the Agents in connection with their respective Variable
Contracts. Nothing contained in this Agreement shall obligate Equico to pay any
commissions or other fees to Agents or to reimburse any Agents for expenses
incurred by them, nor shall Equico have any responsibility for the adequacy or
accuracy of any amount paid to an Agent in connection with the sale of the
Variable Contracts. Equico shall have no right or interest whatsoever in any
commissions or other fees payable to Agents by Equitable or by Equitable
Variable.
<PAGE>
-6-
Sec. 1.5 Equitable represents that it is a broker-dealer duly
registered under the 1934 Act and is a member in good standing of the NASD. If
Equitable shall determine, in its sole judgment, that such status is not
required for the purpose of properly discharging its responsibility under
Section 1.4 of this Agreement,
Equitable may terminate its status as a registered broker-dealer without notice
to the other parties hereto.
Sec. 1.6 Equitable Variable agrees to cooperate fully with Equico and
with Equitable in the proper discharge of the responsibilities allocated to them
under this Article I. While undertaking to provide such cooperation and to
perform various activities on its own behalf hereunder, Equitable Variable
assumes no duties or responsibilities under this Agreement in its capacity as a
registered broker-dealer and, accordingly, shall be under no obligation to
maintain such status.
Sec. 1.7 Equico, Equitable and Equitable Variable shall each cause to
be maintained and preserved such accounts, books and other documents as are
required by the 1934 Act and 1940 Act and any other applicable laws and
regulations. In particular, without limiting the foregoing, Equico shall cause
all the books and records in connection with the offer and sale of the Variable
Contracts to be maintained and preserved in conformity with the requirements of
Rules 17a-3 and 17a-4 under the 1934 Act, to the extent that such requirements
are applicable to the Variable Contracts. The payment of premiums, purchase
payments, commissions and other fees and payments in connection with the
Variable Contracts shall be reflected on the books and records of Equitable and
of Equitable Variable, as provided in Section 1.4 hereof and as may otherwise be
<PAGE>
-7-
required under applicable NASD regulations and federal and applicable state
securities laws requirements.
Sec. 1.8 Equico, Equitable and Equitable Variable shall each submit to
all regulators and administrative bodies having jurisdiction over the sales of
the Variable Contracts, present or future, any information, reports, or other
material that any such body by reason of this Agreement may request or require
pursuant to applicable laws or regulations. In particular, without limiting the
foregoing, Equitable and Equitable Variable agree that any books and records
which they maintain pursuant to Section 1.5 of this Agreement which are required
to be maintained under Rule 17a-3 or 17a-4 of the 1934 Act shall be subject to
inspection by the SEC in accordance with Section 17(a) of the 1934 Act.
Sec. 1.9 Equico and Equitable each agree and understand that all
documents, reports, records, books, files and other materials required under
applicable NASD regulations and federal and state securities laws relative to
the sale of Variable Contracts shall be the property of Equico, with the
exception of those books and records maintained by Equitable pursuant to Section
1.4 which relate to sales compensation and shall be the joint property of
Equitable and Equico. If, however, such documents, reports, records, books,
files and other materials which are the property of Equico are required by
applicable regulation or law to be maintained also by Equitable or by Equitable
Variable, such material shall be the joint property of Equico, Equitable or
Equitable Variable. All other documents, reports, records, books, files and
other materials maintained relative to this Agreement shall be the property of
Equitable or of Equitable Variable, depending upon the identity of the issuer of
the Variable Contracts involved. Upon the
<PAGE>
-8-
termination of this Agreement, all such material shall be returned to the
applicable party.
Sec. 1.10 Equico, Equitable and Equitable Variable from time to time
during the term of this Agreement, shall allocate among themselves, subject to a
right of further delegation, the administrative responsibility for maintaining
and preserving the books, records and accounts kept in connection with the
Variable Contracts; provided, however, in the case of books, records and
accounts kept pursuant to a requirement of applicable law or regulation, the
ultimate responsibility for maintaining and preserving such books, records and
accounts shall be that of the party which is required to maintain or preserve
such books, records and accounts under the applicable law or regulation, and
such books, records and accounts shall be maintained and preserved under the
supervision of that party. Equico, Equitable and Equitable Variable shall cause
each other to be furnished with such reports as each may reasonably request for
the purpose of meeting its respective reporting and recordkeeping requirements
under such regulations and laws and under the insurance laws of the State of New
York and any other applicable states or jurisdictions.
ARTICLE II
Procedures for Sale of Variable Contracts
Sec. 2.1 Equitable and Equitable Variable each represent and warrant
that units of interest of their respective Separate Accounts offered under the
Variable Contracts are registered under the 1933 Act to the extent such
registration is required, that the Separate Accounts are registered under the
1940 Act unless
<PAGE>
-9-
exempt from such registration, and that the Variable Contracts are qualified to
be sold under the insurance laws and any applicable securities laws of all
states and other jurisdictions in which the Variable Contracts are authorized
for sale. Equitable and Equitable Variable each further represent and warrant
that each of them is a life insurance company duly organized under the laws of
the State of New York and in good standing and authorized to conduct business
under the laws of each state in which the Variable Contracts are offered and
sold.
Sec. 2.2 Equico will require that the Agents use only the effective
prospectuses, statements of additional information ("SAIs") and other authorized
materials in soliciting and selling the Variable Contracts. Equico is not
authorized to give any information or to make any representations concerning the
Variable Contracts other than those contained in the current prospectus or SAI
therefor filed with the SEC or in such materials as may be authorized by
Equitable or by Equitable Variable.
Sec. 2.3 All applications for Variable Contracts shall be made on
application forms supplied by Equitable or by Equitable Variable, as
appropriate, and all payments collected by Equico shall be remitted by Equico
promptly in full, together with such application or enrollment forms and any
other required documentation, directly to Equitable or to Equitable Variable, as
appropriate, at the address indicated on such application or to such other
address as Equitable or Equitable Variable may, from time to time, designate in
writing. Equico shall review all such applications for suitability. Checks or
money orders in payment on any Variable Contract shall be drawn to the order of
"The Equitable Life Assurance Society of the United States" or "Equitable
Variable Life Insurance Company", as appropriate. All applications for Variable
Contracts shall be subject to
<PAGE>
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acceptance or rejection by Equitable or by Equitable Variable at their
respective discretion.
Sec. 2.4 All money payable in connection with any of the Variable
Contracts, whether as premiums, purchase payments or otherwise, and whether paid
by, or on behalf of any applicant or contractowner, is the property of Equitable
or of Equitable Variable and shall be transmitted promptly in accordance with
the administrative procedures of Equitable and Equitable Variable without any
deduction or offset for any reason, including by example but not limitation, any
deduction or offset for compensation claimed by Equico or payable to the Agents.
No cash payments shall be accepted by Equico in connection with the Variable
Contracts.
Sec. 2.5 Equitable and Equitable Variable shall be responsible for
payment of the costs of printing the prospectuses, SAIs and sales material used
in connection with the solicitation of applications for the Variable Contracts
and to allocate such costs between themselves. Equitable and Equitable Variable
shall provide to Equico copies of such prospectuses, SAIs and sales material in
such number as Equico shall reasonably request. Equitable and Equitable Variable
shall make available to Equico copies of all financial statements and other
documents that Equico shall reasonably request for use in connection with the
distribution of the Variable Contracts.
Sec. 2.6 Notwithstanding anything in this Agreement to the contrary,
Equico may enter into sales agreements with independent broker-dealers for the
sale of the Variable Contracts, subject to the prior written approval of
Equitable and of Equitable Variable of each such sales agreement and the terms
thereof. All such
<PAGE>
-11-
sales agreements entered into by Equico shall provide that each independent
broker-dealer will assume full responsibility for continued compliance by itself
and its associated persons with the NASD Rules and applicable federal and state
securities and insurance laws. All associated persons of such independent
broker-dealer soliciting applications for the Variable Contracts shall be duly
and appropriately licensed or appointed for the sale of the Variable Contracts
under the NASD Rules and federal and state securities and insurance laws in
which such person shall offer or sell the Variable Contracts.
Sec. 2.7 Equitable shall apply for and maintain the proper insurance
licenses for each of the Agents selling the Variable Contracts in all states or
jurisdictions in which the Variable Contracts are offered for sale by such
Agent. Equitable and Equitable Variable reserve the right to refuse to appoint
any proposed agent, or independent broker-dealer, and to terminate an Agent or
independent broker-dealer once appointed. Equitable and Equitable Variable shall
promptly notify Equico of each such termination. Equitable agrees to be
responsible for all licensing or other fees required under pertinent state
insurance laws to properly authorize Agents for the sale of the Variable
Contracts; however, the foregoing shall not limit Equitable's right to collect
such amount from any person or entity other than Equico.
Sec. 2.8 The parties hereto recognize that any person selling the
Variable Contracts as contemplated by this Agreement shall be acting as an
insurance agent of Equitable or of Equitable Variable or as an insurance broker,
and that the rights of Equico to supervise such persons shall be limited to the
extent specifically described herein or required under applicable federal or
state securities laws or NASD regulations. Such persons shall not be considered
employees of Equico and
<PAGE>
-12-
shall be considered agents of Equico only as and to the extent required by such
laws and regulations. Further, it is intended by the parties hereto that such
persons are and shall continue to be considered to have a common law independent
contractor relationship with Equitable and Equitable Variable and not to be
common law employees of Equitable or of Equitable Variable, unless any contract
between Equitable and any person selling the Variable Contracts specifically
provides otherwise.
Sec. 2.9 Consistent with the responsibility of Equico to discharge all
compliance and supervisory obligations relating to the distribution of the
Variable Contracts as provided in this Agreement and consistent with the
authority given to Equico hereunder, Equitable and Equitable Variable shall
retain the ultimate right of control over, and responsibility for, the issuance,
servicing and marketing of their respective Variable Contracts. In that
connection, Equitable and Equitable Variable shall review and approve all
advertising concerning the Variable Contracts issued by each of them; however,
Equico shall be responsible for filing such materials, as required, with the
NASD and with state securities regulators and for obtaining such approvals as
may be necessary.
Sec. 2.10 Unless otherwise agreed in writing by Equitable or by
Equitable Variable, neither Equico nor any Agent nor any independent
broker-dealer shall have an interest in any surrender charges, deductions or
other fees payable to Equitable or to Equitable Variable.
<PAGE>
-13-
ARTICLE III
Services and Personnel Provided by Equitable
Sec. 3.1 Equitable agrees to furnish compliance and related support
services, including personnel, to assist Equico in the performance of the
services which Equico is required to provide hereunder. In furnishing such
services, all personnel of Equitable shall be subject at all times to the
supervision and control of Equico.
ARTICLE IV
Compensation and Expenses
Sec. 4.1 Equico shall be compensated, not less frequently than
quarterly, by Equitable and by Equitable Variable for its services under this
Agreement in an aggregate annual amount which shall be equal to the actual
expenses incurred by Equico to provide compliance and related support services,
plus a percentage of such expenses which shall approximate the annual rate of
profit earned by Equico from its performance of comparable services for
unaffiliated clients.
Sec. 4.2 Equico shall pay the costs and expenses, direct and indirect,
incurred by Equitable in furnishing services and personnel, pursuant to Article
III of this Agreement. In determining the basis for the apportionment of
expenses, specific identification or estimates based on time, company assets,
square footage or any other mutually agreeable method providing for a fair and
reasonable allocation of cost may be used, provided such method is in conformity
with the requirements of Section 1712 of the New York Insurance Law and New York
Insurance
<PAGE>
-14-
Department Regulation No. 33. The charge to Equico for such apportioned expenses
shall be at cost as described in this Section 4.2.
Sec. 4.3 Within 45 days after the end of each calendar quarter, and
more often if desired, Equitable shall submit to Equico a statement of
apportioned expenses showing the basis for such apportionment; and settlement
shall be made within 15 days thereafter. The statement of apportioned expenses
shall set forth in reasonable detail the nature of the expenses being
apportioned and other relevant information to support the charge.
Sec. 4.4 To enable Equitable to compensate Agents for the sale of
Variable Contracts issued by Equitable Variable, Equitable Variable shall
furnish Equitable with a schedule of the commissions and other fees payable with
respect to each form of Variable Contract issued by it, together with a list of
rules and procedures applicable to the payment of such compensation. Equitable
Variable agrees to reimburse Equitable for commissions and service fees (not in
excess of the amounts specified by Equitable Variable) paid to the Agents for
the sale of its Variable Contracts pursuant to Section 1.4 of this Agreement.
ARTICLE V
Term of Agreement
Sec. 5.1 Subject to termination as herein provided, this Agreement
shall remain in full force and effect for a two-year period commencing on the
date first above written, and this Agreement shall continue in full force and
effect from year to year thereafter, until terminated as herein provided.
<PAGE>
-15-
Sec. 5.2 This Agreement may be terminated by any party hereto on not
less than 60 days' prior written notice to the other parties or by an agreement
in writing signed by all of the parties hereto, except that data processing
services may not be terminated on less than 180 days' prior written notice, if
requested by Equico in writing promptly following its receipt of written notice
of termination of this Agreement. This Agreement shall automatically be
terminated in the event of its assignment.
Sec. 5.3 Upon termination of this Agreement, all authorizations,
rights, and obligations shall cease except the obligations to settle accounts
hereunder, including the settlement of monies due in connection with Variable
Contracts in effect at the time of termination or issued pursuant to
applications received by Equitable or by Equitable Variable prior to
termination.
ARTICLE VI
Miscellaneous
Sec. 6.1 Should an irreconcilable difference of opinion arise between
or among the parties to this Agreement as to the interpretation of any matter
respecting this Agreement, it is hereby mutually agreed that such differences
shall be submitted to arbitration as the sole remedy available to the parties.
Such arbitration shall be in accordance with the rules of the American
Arbitration Association, the arbitrators shall have extensive experience in the
insurance industry, and the arbitration shall take place in New York, New York.
<PAGE>
-16-
Sec. 6.2 For purposes of this Agreement, the term "Variable Contracts"
shall not include any variable insurance contract issued by Equitable which is
not offered and sold by employees or agents of Equitable.
Sec. 6.3 This Agreement replaces the Sales Agreement, dated December
23, 1985, as amended, between Equitable Variable and Equitable, which shall
terminate on the effective date hereof.
Sec. 6.4 If any provision of this Agreement shall be held or made
invalid by a court decision, statute, rule, or otherwise, the remainder of this
Agreement shall not be affected thereby.
Sec. 6.5 This Agreement constitutes the entire agreement between the
parties hereto and may not be modified except in a written instrument executed
by all parties hereto.
Sec. 6.6 This Agreement shall be subject to the provisions of the 1934
Act and, to the extent applicable, the 1940 Act and the rules, regulations and
rulings thereunder and of the NASD, from time to time in effect, including such
exemptions from the 1940 Act as the SEC may grant, and the terms hereof shall be
interpreted and construed in accordance therewith.
Sec. 6.7 This Agreement shall be interpreted in accordance with the
laws of the State of New York.
<PAGE>
-17-
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
signed by their respective officials thereunto duly authorized, as of the day
and year first above written.
THE EQUITABLE LIFE ASSURANCE
SOCIETY OF THE UNITED STATES
By: /s/Joseph J. Melone
-------------------
Joseph J. Melone
Chairman and
Chief Executive Officer
EQUITABLE VARIABLE LIFE
INSURANCE COMPANY
By: /s/Samuel B. Shlesinger
-----------------------
Samuel B. Shlesinger
Senior Vice President
EQUICO SECURITIES, INC.
By: /s/Richard V. Silver
--------------------
Richard V. Silver
President and
Chief Operating Officer
5292/430_1.DOC
SP-Flex:
--------
(i) in the case of a premium paid under a policy on an insured
person age 65 and under, commissions equal to 3% of the premium
paid; and (ii) in the case of a premium paid under a policy on an
insured person age 66 through age 78, commissions equal to 2 1/4% of
the premium paid.
AGREEMENT AND PLAN OF MERGER OF
EQUITABLE VARIABLE LIFE INSURANCE COMPANY
WITH AND INTO THE EQUITABLE LIFE
ASSURANCE SOCIETY OF THE UNITED STATES
--------------------------------------
THIS AGREEMENT AND PLAN OF MERGER (this "Agreement and Plan of
Merger"), dated as of September 19, 1996, is by and between The Equitable Life
Assurance Society of the United States, a New York corporation having its
principal place of business at 787 Seventh Avenue, New York, New York 10019
("Equitable Life"), and Equitable Variable Life Insurance Company, a New York
corporation having its principal place of business at 787 Seventh Avenue, New
York, New York 10019 ("EVLICO") (the foregoing corporations hereinafter
sometimes referred to as the "Constituent Companies").
WHEREAS, Equitable Life and EVLICO are corporations duly organized and
validly existing under the laws of the State of New York and duly licensed as
stock life insurance companies under the New York Insurance Law (the "Insurance
Law");
WHEREAS, EVLICO has authorized capital stock consisting of 5 million
shares of Common Stock (the "EVLICO Common Stock"), $1.00 par value, of which at
the date hereof 1.5 million shares are issued and outstanding and owned by
Equitable Life and are the only shares of stock of EVLICO entitled to vote on
this Agreement and Plan of Merger;
WHEREAS, Equitable Life has authorized capital stock consisting of 2
million shares of Common Stock (the "Equitable Common Stock"), $1.25 par value,
all of which shares on the date hereof are issued and outstanding and owned by
The Equitable Companies Incorporated, a Delaware corporation having its
principal place of business at 787 Seventh Avenue, New York, New York, 10019.
The issued and outstanding shares of Equitable Common Stock are the only shares
of stock of Equitable Life entitled to vote on this Agreement and Plan of
Merger; and
WHEREAS, the Boards of Directors of Equitable Life and EVLICO deem it
advisable and in the best interest of the policyholders and contract holders of
their respective companies to effect the merger (the "Merger") of EVLICO and
Equitable Life with and into Equitable Life as the surviving company, and the
Board of Directors and sole stockholder, respectively, of each of Equitable Life
and EVLICO have duly approved and adopted this Agreement and Plan of Merger.
<PAGE>
-2-
NOW THEREFORE, in consideration of the premises and the mutual
covenants and agreements herein contained, it is hereby agreed by and between
the parties hereto that EVLICO shall be merged with and into Equitable Life
pursuant to Article 71 of the Insurance Law and in accordance with this
Agreement and Plan of Merger.
ARTICLE 1
---------
Surviving Company
-----------------
Section 1.1 The Surviving Company. The surviving company of the Merger
(the "Surviving Company") shall be Equitable Life.
Section 1.2 Charter. The proposed Restated Charter of the Surviving
Company is annexed hereto as Exhibit A.
Section 1.3 By-Laws. The By-Laws of Equitable Life in effect at the
Effective Time of the Merger (as hereinafter defined) shall be the By-Laws of
the Surviving Company.
ARTICLE 2
---------
Terms and Conditions of the Merger and Mode of Carrying the Merger into Effect
- ------------------------------------------------------------------------------
Section 2.1 General. Subject to and upon the terms and conditions of
this Agreement and Plan of Merger, upon the Effective Time of the Merger, EVLICO
shall be merged with and into Equitable Life and Equitable Life shall continue
as the Surviving Company as permitted and provided by Section 7102 of the
Insurance Law. All of the EVLICO Common Stock issued and outstanding immediately
prior to the Effective Time of the Merger shall, at the Effective Time of the
Merger, be cancelled. All of the Equitable Common Stock issued and outstanding
immediately prior to the Effective Time of the Merger shall remain unchanged.
Section 2.2 Consents, Approvals, Etc. to be Obtained by the Parties to
the Merger. Equitable Life and EVLICO shall each obtain all necessary consents
and approvals of, permits from, and assurances of no objection to the Merger or
other rulings from, the appropriate governmental authorities, including the
following:
(a) approval by the New York Insurance Department to consummate
the Merger pursuant to Section 7105 of the Insurance Law; and
(b) approval by the New York Insurance Department of one or more
plans of operation of Equitable Life separate accounts which
will continue the operations of EVLICO separate
<PAGE>
-3-
accounts in operation at the Effective Time of the Merger as
separate accounts of Equitable Life.
Section 2.3 Effective Time of the Merger. This Agreement and Plan of
Merger shall be duly executed and attested and a certified copy thereof,
together with certificates of its adoption as provided for in the Insurance Law
and certificates as to fees, commissions or other compensations or valuable
considerations paid or to be paid in connection with the Merger, shall be
submitted for approval to the Superintendent of Insurance of the State of New
York (the "Superintendent"). Following the receipt of such approval from the
Superintendent and the fulfillment of the conditions set forth herein, a
certified copy of this Agreement and Plan of Merger, with evidence of the
approval of the Superintendent endorsed thereon, shall be filed in the office of
the Clerk of the County of New York, where the principal office of each of
Equitable Life and EVLICO is located. Subject to the foregoing, the Merger shall
become effective at 12:01 a.m. on January 1, 1997 (the "Effective Time of the
Merger").
ARTICLE 3
---------
Other Provisions with Respect to the Merger
-------------------------------------------
Section 3.1. Effect of the Merger. At the Effective Time of the Merger,
the separate existence of EVLICO shall cease and, in accordance with the
provisions of this Agreement and Plan of Merger, EVLICO shall be merged with and
into Equitable Life, and Equitable Life shall survive the Merger and shall
continue in existence and shall possess all the rights, privileges, immunities,
powers and purposes of each of the Constituent Companies. All the rights,
franchises and interests in and to every species of property, real, personal,
and mixed, including things in action, causes of action and every other asset of
the Constituent Companies, shall vest in the Surviving Company without further
act or deed, except that if the Surviving Company shall at any time deem it
desirable that any further assignment or assurance shall be given to fully
accomplish the purposes of the Merger, the directors and officers of EVLICO
shall do all things necessary, including the execution of any and all relevant
documents, to carry out the intent and purposes of this Agreement and Plan of
Merger. No liability or obligation due or to become due, or claim or demand for
any cause existing against either Constituent Company, or any policyholder,
shareholder, officer, or director thereof, shall be released or impaired by the
Merger. No action or proceeding, civil or criminal, then pending by or against
either Constituent Company, or any policyholder, shareholder, officer, or
director thereof, shall be abated or discontinued by the Merger, but may be
enforced, prosecuted, settled or compromised as if the Merger had not occurred,
or Equitable Life, as the Surviving Company, may be substituted in place of
EVLICO by order of the court in which the action or proceeding may be pending.
From and after the Effective Time of the Merger, Equitable Life shall be liable
in place of EVLICO for all the liabilities and obligations of EVLICO, including
liabilities under policies and contracts issued by EVLICO.
<PAGE>
-4-
Section 3.2. Abandonment of the Merger. If, at any time prior to the
Effective Time of the Merger, events or circumstances occur which, in the
opinion of a majority of the Board of Directors of either of the Constituent
Companies, render it inadvisable to consummate the Merger, this Agreement and
Plan of Merger shall not become effective even though previously approved and
adopted by the Board of Directors and sole shareholder, respectively, of each of
Equitable Life and EVLICO.
Section 3.3. Expenses of the Merger. Equitable Life shall pay all the
expenses of carrying this Agreement and Plan of Merger into effect and of
accomplishing the Merger.
Section 3.4. Counterparts. For the convenience of the parties and to
facilitate approval of this Agreement and Plan of Merger, any number of
counterparts hereof may be executed, and each such executed counterpart shall be
deemed to be an original instrument.
Section 3.5. Governing Law. This Agreement and Plan of Merger has been
executed in and shall be governed by and construed under the laws of the State
of New York.
IN WITNESS WHEREOF, this Agreement and Plan of Merger has been duly
executed and delivered by the duly authorized officers of Equitable Life and
EVLICO on the date first above written.
THE EQUITABLE LIFE ASSURANCE
SOCIETY OF THE UNITED STATES
[Seal]
Attest:
/s/ Pauline Sherman /s/ James M. Benson
- -------------------------- By:------------------------------------
Secretary President and Chief Executive Officer
EQUITABLE VARIABLE LIFE
INSURANCE COMPANY
[Seal]
Attest:
/s/ Pauline Sherman /s/ James M. Benson
- -------------------------- By:------------------------------------
Secretary President and Chief Executive Officer
28903
<PAGE>
Exhibit A
RESTATED CHARTER
OF
THE EQUITABLE LIFE ASSURANCE SOCIETY
OF THE UNITED STATES
ARTICLE I
The name of the corporation shall continue to be The Equitable Life
Assurance Society of the United States.
ARTICLE II
The principal office of the corporation shall be located in the City of
New York, County of New York, State of New York.
ARTICLE III
(a) The business to be transacted by the corporation shall be the kinds
of insurance business specified in Paragraphs 1, 2 and 3 of Subsection (a) of
Section 1113 of the Insurance Law of the State of New York, as follows:
(1) "Life insurance": every insurance upon the lives of human
beings, and every insurance appertaining thereto, including the
granting of endowment benefits, additional benefits in the event of
death by accident, additional benefits to safeguard the contract from
lapse, accelerated payments of part or all of the death benefit or a
special surrender value upon diagnosis (A) of terminal illness defined
as a life expectancy of twelve months or less, or (B) of a medical
condition requiring extraordinary medical care or treatment regardless
of life expectancy, or provide a special surrender value, upon total
and permanent disability of the insured, and optional modes of
settlement of proceeds. "Life insurance" also includes additional
benefits to safeguard the contract against lapse in the event of
unemployment of the insured. Amounts paid the insurer for life
insurance and proceeds applied under optional modes of settlement or
under dividend options may be allocated by the insurer
<PAGE>
to one or more separate accounts pursuant to section four thousand two
hundred forty of the Insurance Law of the State of New York;
(2) "Annuities": all agreements to make periodical payments
for a period certain or where the making or continuance of all or some
of a series of such payments, or the amount of any such payment,
depends upon the continuance of human life, except payments made under
the authority of paragraph (1) above. Amounts paid the insurer to
provide annuities and proceeds applied under optional modes of
settlement or under dividend options may be allocated by the insurer to
one or more separate accounts pursuant to section four thousand two
hundred forty of the Insurance Law of the State of New York;
(3) "Accident and health insurance": (i) insurance against
death or personal injury by accident or by any specified kind or kinds
of accident and insurance against sickness, ailment or bodily injury,
including insurance providing disability benefits pursuant to article
nine of the workers' compensation law, except as specified in item (ii)
hereof; and (ii) non-cancellable disability insurance, meaning
insurance against disability resulting from sickness, ailment or bodily
injury (but excluding insurance solely against accidental injury) under
any contract which does not give the insurer the option to cancel or
otherwise terminate the contract at or after one year from its
effective date or renewal date;
and any amendments to such paragraphs or provisions in substitution therefor
which may be hereafter adopted; such other kind or kinds of business now or
hereafter authorized by the laws of the State of New York to stock life
insurance companies; and such other kind or kinds of business to the extent
necessarily or properly incidental to the kind or kinds of insurance business
which the corporation is authorized to do.
(b) The corporation shall also have all other rights, powers, and
privileges now or hereafter authorized or granted by the Insurance Law of the
State of New York or any other law or laws of the State of New York to stock
life insurance companies having power to do the kind or kinds of business
hereinabove referred to and any and all other rights, powers, and privileges of
a corporation now or hereafter granted by the laws of the State of New York and
not prohibited to such stock life insurance companies.
-2-
<PAGE>
ARTICLE IV
The business of the corporation shall be managed under the direction of
the Board of Directors.
ARTICLE V
(a) The Board of Directors shall consist of not less than 13 (except
for vacancies temporarily unfilled) nor more than 36 Directors, as may be
determined from time to time by a vote of a majority of the entire Board of
Directors. No decrease in the number of Directors shall shorten the term of any
incumbent Director.
(b) The Board of Directors shall have the power to adopt from time to
time such By-Laws, rules and regulations for the governance of the officers,
employees and agents and for the management of the business and affairs of the
corporation, not inconsistent with this Charter and the laws of the State of New
York, as may be expedient, and to amend or repeal such by-laws, rules and
regulations, except as provided in the By-Laws.
(c) Any or all of the Directors may be removed at any time, either for
or without cause, by vote of the shareholders.
(d) No Director shall be personally liable to the corporation or any of
its shareholders for damages for any breach of duty as a Director; provided,
however, that the foregoing provision shall not eliminate or limit (i) the
liability of a Director if a judgment or other final adjudication adverse to him
or her establishes that his or her acts or omissions were in bad faith or
involved intentional misconduct or that he or she personally gained in fact a
financial profit or other advantage to which he or she was not legally entitled,
or were acts or omissions which (a) he or she knew or reasonably should have
known violated the Insurance Law of the State of New York or (b) violated a
specific standard of care imposed on Directors directly, and not by reference,
by a provision of the Insurance Law of the State of New York (or any regulations
promulgated thereunder) or (c) constituted a knowing violation of any other law;
or (ii) the liability of a Director for any act or omission prior to September
21, 1989.
-3-
<PAGE>
ARTICLE VI
(a) The Directors of the corporation shall be elected at each annual
meeting of shareholders of the corporation in the manner prescribed by law. The
annual meeting of shareholders shall be held at such place, within or without
the State of New York, and at such time as may be fixed by or under the By-Laws.
At each annual meeting of shareholders, directors shall be elected to hold
office for a term expiring at the next annual meeting of shareholders.
(b) Newly created directorships resulting from an increase in the
number of Directors and vacancies occurring in the Board of Directors shall be
filled by vote of the shareholders.
(c) Each Director shall be at least twenty-one years of age, and at all
times a majority of the Directors shall be citizens and residents of the United
States, and not less than three of the Directors shall be residents of the State
of New York.
(d) The Board of Directors shall elect such officers as are provided
for in the By-Laws at the first meeting of the Board of Directors following each
annual meeting of the shareholders. In the event of the failure to elect
officers at such meeting, officers may be elected at any regular or special
meeting of the Board of Directors. A vacancy in any office may be filled by the
Board of Directors at any regular or special meeting.
ARTICLE VII
The duration of the corporate existence of the corporation shall be
perpetual.
ARTICLE VIII
The amount of the capital of the corporation shall be $2,500,000, and
shall consist of 2,000,000 Common Shares, par value $1.25 per share.
44859-1.DOC
-4-
PART 1: APPLICATION FOR LIFE INSURANCE TO:
EQUITABLE VARIABLE LIFE INSURANCE COMPANY (Equitable Variable)
Home Office: 787 Seventh Avenue, New York, NY 10019
- --------------------------------------------------------------------------------
1. PROPOSED INSURED Please print in ink.
(Print Name as it is to appear on the policy)
- --------------------------------------------------------------------------------
A. Title: |_| Mr. |_| Mrs. |_| Ms. |_| Miss |_| Other Title|_|_|_|_|
B. Name:
First: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| Middle: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
Last: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
C. Date of Birth Mo. |_|_| Day |_|_| Yr. |_|_|_|_|
D. Age Nearest Birthday |_|_|
E. Sex |_| M |_| F F. Place of Birth: ______________________________________
G. Soc. Sec. No. |_|_|_|_|_|_|_|_|_|
H. Previous/Other Name(If Applicable) __________________________________________
I. U.S. Citizen? |_| Yes |_| No If No, Country ______________________________
J. Current Occupation(s): (1) Title: ___________________________________________
(2) Duties: __________________________________________
(3) Length of Time in Occupation: ____________________
If less than 1 year at current occupation, give previous in Special
Instructions.
K. Residence
Care of: |C|/|O|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
Years There? |_|_|
Current No. & Street: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
Apt/Suite/Bldg.: |_|_|_|_|_|
City: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
State: |_|_| Zip +4 Code: |_|_|_|_|_|-|_|_|_|_|
Previous No. & Street: _____________________________________________________
City: ___________________ State: ______ Zip +4 Code: ____________
(If less than 2 years at current)
L. Tel.: (1) Home |_|_|_| |_|_|_| |_|_|_|_|
(2) Business |_|_|_| |_|_|_| |_|_|_|_|
M. Currently employed? |_| Yes |_| No |_| Retired
N. Employer Name: ______________________________________________________________
O. Years Employed: ____________
P. Employer Address:
No. & Street: _______________________________________________________________
City: _____________________________ State: ______ Zip +4 Code: ____________
- --------------------------------------------------------------------------------
2. APPLICANT (If not Proposed Insured)
- --------------------------------------------------------------------------------
A. Name:
First: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| Middle: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
Last: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
B. Relationship to Proposed Insured ____________________________________________
C. Address: Same as - |_| Question 1.k Residence or |_| Question 1.p Business
D. Date of Birth Mo. |_|_| Day |_|_| Yr. |_|_|_|_|
Other:
Residence: No. & Street |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
Apt/Suite/Bldg.: |_|_|_|_|_|
City: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
State: |_|_| Zip +4 code: |_|_|_|_|_|-|_|_|_|_|
Business: No. & Street |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
City: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
State: |_|_| Zip +4 code: |_|_|_|_|_|-|_|_|_|_|
- --------------------------------------------------------------------------------
3. POLICYOWNER
- --------------------------------------------------------------------------------
A. THE OWNER IS: (1) |_| Proposed Insured (2) |_| Applicant
(3) |_| OTHER: (A) |_| Individual (B) |_| Corporation (C) |_| Partnership
(D) |_| Trust Dated Mo. |_|_| Day |_|_| Yr. |_|_|_|_|
(E) |_| Qualified Plan
(F) Name of Person
First |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| Middle |_|_|_|_|_|_|_|_|_|_|_|_|
Last |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
Name of firm or plan |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
(G) If an individual, indicate: |_| Mr. |_| Mrs. |_| Ms. |_| Miss
|_| Other Title |_|_|_|_| (H) Relationship to Insured __________________
B. Owner's Mailing Address: Same as-- |_| Current Residence (1.k.) or
|_| Applicant's Residence (2.c.)
Other:
Care of: |C|/|O|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
No. & Street: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
Apt/Suite/Bldg: |_|_|_|_|_|
City: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
State: |_|_| Zip +4 Code: |_|_|_|_|_|-|_|_|_|_|
C. Answer if Policyowner is not Proposed Insured:
(1) Soc. Sec. or Tax I.D. Number |_|_|_|_|_|_|_|_|_|
(2) DATE OF BIRTH: |_| Same as 2.d. or Mo. |_|_| Day |_|_| Yr. |_|_|_|_|
(3) TEL.: |_|_|_| |_|_|_| |_|_|_|_|
D. SUCCESSOR OWNER (if desired)
Give full name: _____________________________________________________________
and Relationship to Insured: ________________________________________________
If the Owner or Successor Owner is other than the Proposed Insured, and if all
persons so designated die before the Proposed Insured, the Owner will be the
estate of the last such person to die, except where the Proposed Insured is a
child. In cases where the Proposed Insured is a child and the Applicant is to be
the Owner or Successor Owner and the Applicant dies before the insured child,
the child will be the Owner unless otherwise designated. In such designation,
include Owner's full name and relationship to the child, and the Owner's social
security or tax number.
- --------------------------------------------------------------------------------
4. BENEFICIARY FOR INSURANCE ON PROPOSED INSURED.
Include Full Name and Relationship to Proposed Insured.
- --------------------------------------------------------------------------------
A. Primary Beneficiary(ies):
(1) Name(s):________________________________ Relationship: __________________
(2) Name(s):________________________________ Relationship: __________________
B. Contingent Beneficiary(ies):
(1) Name(s):________________________________ Relationship: __________________
(2) Name(s):________________________________ Relationship: __________________
NOTE: Unless otherwise requested. the contingent beneficiary will be the
surviving children of the Insured in equal shares. If none survive, payment will
be made to the Insured's estate. The Beneficiary(ies) under any Term Insurance
Rider on any Additional Insured or on a Child will be as stated in those riders,
unless otherwise designated in Special Instructions. In any such designation,
give full name and relationship of beneficiary(ies) to the Insured.
EV4-200X NO. A322360 1
<PAGE>
5. PLAN DESCRIPTION AND PREMIUM PAYMENT METHOD
- --------------------------------------------------------------------------------
A. Plan ________________________________________________________________________
B. Initial Face Amount $________________________________________________________
C. If Modified Premium VLI (Complete only if more than Scheduled Premium. If
Billed Premium specified is less than Scheduled Premium, we automatically
bill the Scheduled Premium.)
Billed Premium $_____________________________________________________________
D. If Flexible Premium VLI:
(a.) Initial Premium Payment $______________________
(b.) Planned Periodic Payments $_____________________________________________
E. Death Benefit Option: |_| Option A
|_| Option B (B-Plus for Flex. Prem.)
F. Premium Mode: |_| Annual |_| Semi-Annual |_| Quarterly
|_| System-Matic (Complete S-M form)
G. |_| Salary Allotment (1) Unit Name _______________
(2) Register Date ___/___/___
(3) Unit/Sub Unit No. |_|_|_|_|_|_|_|_|_| (4) Payroll No. __________________
(5) Allotor's Name ______________________ (6) Allotor's No. ________________
(if other than Proposed Insured)
H. INITIAL ALLOCATIONS TO INVESTMENT OPTIONS*
<TABLE>
<CAPTION>
For Premiums For Deductions
(WHOLE PERCENTAGES ONLY)
<S> <C> <C>
(1) Guaranteed Interest (1)________% (1)________%
(2) Money Market (2)________% (2)________%
(3) Intermediate Gov't. Securities (3)________% (3)________%
(4) Short-Term World Income (4)________% (4)________%
(5) High Yield (5)________% (5)________%
(6) Balanced (6)________% (6)________%
(7) Common Stock (7)________% (7)________%
(8) Global (8)________% (8)________%
(9) Aggressive Stock (9)________% (9)________%
(10) Asset Allocation Series:
a. Conservative Investors (10a.)______% (10a.)______%
b. Growth Investors (10b.)______% (10b.)______%
(11) __________________________________ (11)________% (11)________%
(12) __________________________________ (12)________% (12)________%
100% 100%
<FN>
*Except for initial allocations to Guaranteed Interest, your Policy Account will
be allocated according to these percentages on the first business day 20 days
after the date of issue of your policy. Before that time, all Policy Account
allocation (except to Guaranteed Interest) will be to the Money Market
Division. Consult prospectus for investment option information.
</FN>
</TABLE>
- --------------------------------------------------------------------------------
6. OPTIONAL BENEFITS
- --------------------------------------------------------------------------------
A. |_| Accidental Death Benefit* (specify amount) $_____________________________
B. |_| Disability Premium Waiver* (Modified Premium VLI only)
C. |_| Disability - Waiver Monthly Deductions* (Flex Premium VLI only)
D. |_| Other ___________________________________________________________________
*JUVENILE LIMITATIONS: If applied for, the Accidental Death Benefit is payable
only if the Child dies as a result of an accident after the Child's first
birthday; the Disability Waiver Benefits are effective only if the Child
becomes totally disabled on or after the Child's 5th birthday.
TERM RIDERS
E. |_| Renewable Term:
(1) On Insured $____________ (Available on Modified Premium VLI only)
(2) On Add'l Insured** $____________
F. |_| Children's Term** $____________ Units ____________
**If coverage is elected be sure to complete applicable parts of Question 8, and
answer Questions 10 through 16 with respect to the Additional Insured
and/or Children for Term Insurance Rider.
- --------------------------------------------------------------------------------
7. SUITABILITY (All VLI Plans)
- --------------------------------------------------------------------------------
A. Have you, the Proposed Insured or the Owner, if other than the Proposed
Insured, received:
(1) a prospectus for the policy(ies) applied for? ............|_| Yes |_| No
Date of prospectus __/__/__.
Date of any supplement(s) __/__/__; __/__/__; __/__/__.
(2) a prospectus for the Hudson River Trust? .................|_| Yes |_| No
Date of prospectus __/__/__.
Date of any supplement(s) __/__/__; __/__/__; __/__/__.
(3) a prospectus for the designated investment company(ies) ________?
|_| Yes |_| No
Date of prospectus __/__/__.
Date of any supplement(s) __/__/__; __/__/__; __/__/__.
B. Do you understand that (i) policy values reflect certain deductions and
charges and may increase or decrease depending on credited interest for
Guaranteed Interest Division and/or the investment experience of Separate
Account Divisions and (ii) cash value will be subject to a surrender charge
within the first 15 years of the issue date (and within 15 years of a face
amount increase for Flexible Premium VLI) upon policy surrender, lapse or
face amount reduction?.......................................|_| Yes |_| No
C. With this in mind, is (are) the policy(ies) in accord with your insurance
and long-term investment objectives and anticipated financial needs?
|_| Yes |_| No
- --------------------------------------------------------------------------------
8. COMPLETE FOR PROPOSED ADDITIONAL INSURED, CHILDREN'S TERM RIDER OR JUVENILE
INSURANCE Also answer questions 10 through 16 with respect to Proposed
Additional Insured or Children under Children's Term Rider.
- --------------------------------------------------------------------------------
A. Title: |_| Mr. |_| Mrs. |_|Ms. |_| Miss |_| Other Title |_|_|_|_|
B. Proposed Add'l Insured:
First: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| Middle: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|
Last: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
Date of Birth Mo. |_|_| Day |_|_| Yr. |_|_|_|_|
Age Nearest Birthday |_|_|
Sex |_| M |_| F
Place of Birth:_________________________________________________________________
Soc. Sec No. |_|_|_|_|_|_|_|_|_|
Previous/Other Name (If Applicable) ____________________________________________
Relationship of Owner to Add'l Insured:_________________________________________
State of Residence: ____________________________________________________________
Current Occupation(s):
(1) Title: ___________________
(2) Duties: _____________________________________
(3) Length of Time in Occupation: ______________________________________________
If less than 1 year at current occupation, give previous in Special
Instructions.
C. Children for Term Insurance Rider (Use Special Instructions if more space is
needed.)*
First: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| Middle: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|
Last: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
Date of Birth Mo. |_|_| Day |_|_| Yr. |_|_|_|_|
Sex |_| M |_| F
Relationship to Proposed Insured________________________________________________
First: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| Middle: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|
Last: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
Date of Birth Mo. |_|_| Day |_|_| Yr. |_|_|_|_|
Sex |_| M |_| F
Relationship to Proposed Insured________________________________________________
First: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_| Middle: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|
Last: |_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|_|
Date of Birth Mo. |_|_| Day |_|_| Yr. |_|_|_|_|
Sex |_| M |_| F
Relationship to Proposed Insured________________________________________________
*NOTE: To be eligible, children (including stepchildren and legally adopted
children) must not have reached their 18th birthday. Coverage does not begin
until a child is 15 days old.
D. For Juvenile Insurance (Ages 0-14): (1) Will there be more life insurance in
effect on this Child than on any other child in the family? |_| Yes |_| No
If "Yes", explain ___________________________________________________________
(2) Total Life Insurance in effect on Applicant: $ _________________________.
EV4-200X 2
<PAGE>
- --------------------------------------------------------------------------------
9. OPAI. COMPLETE IF EXERCISING OPTION TO PURCHASE ADDITIONAL INSURANCE
- --------------------------------------------------------------------------------
A. (1) |_| Regular; (2) |_| Birth or Adoption; Child's Name __________________;
Date of Birth or Adoption ____/____/____; (3) |_| Alternate
B. Existing original policy no. ___________________
C. Option Date ____/____/____
D. Option Amount $_________________________________
E. If applying for Disability Premium Waiver, is Proposed Insured now totally
disabled as defined in the Disability Premium Waiver Provision of the
original policy indicated above in b.? |_| Yes |_| No
This application is made under a provision in the indicated existing policy
permitting the purchase of additional individual life insurance (the
"Option Provision"). If this application is made within the time allowed and in
accordance with the other terms in the Option Provision, including timely
payment of the full first premium for the additional insurance, then the
additional insurance shall take effect upon the terms of the policy the Insurer
would issue. Otherwise, the additional insurance shall not take effect. (Answer
Questions 10 through 16 only if evidence of insurability is required in
connection with an optional benefit or any excess of the insurance amount
applied for over the insurance amount permitted by the Option Provision.)
- --------------------------------------------------------------------------------
OTHER INFORMATION For any "Yes" response, provide full details.
- --------------------------------------------------------------------------------
HAS ANY PERSON PROPOSED FOR INSURANCE:
10. A. Ever had a driver's license suspended or revoked, or within the last 3
years been convicted of 2 or more moving violations or driving under the
influence of alcohol or drugs? |_| Yes |_| No (If "Yes", include dates,
types of violation, and reason for suspension or revocation.)
B. Any plan to travel or reside outside the United States?
|_| Yes |_| No
C. Any other life insurance now in effect or application now pending?
|_| Yes |_| No
(Give companies and amounts and policy numbers if Equitable.)
D. Been disabled for 2 or more weeks within the last 2 years?
|_| Yes |_| No
11. A. In the last year flown other than as a passenger or plan to do so?
|_| Yes |_| No
If "Yes", enter total flying time at present _________ hours;
last 12 mos. _________ hours; next 12 mos. _________ est. hours.
(Complete Aviation Supplement for crop dusting; pilot instruction; or
commercial, competitive, helicopter, military, stunt or test flying.)
B. Engaged within the last year or any plan to engage in motor racing on
land or water, underwater diving, skydiving, ballooning, hang gliding,
parachuting or flying ultra-light aircraft? (If "Yes", complete
Avocation Supplement.) |_| Yes |_| No
C. Ever had an application for life or health insurance declined, that
required an extra premium or was otherwise modified? |_| Yes |_| No
D. Replaced or changed any existing insurance or annuity (or any plan to do
so) assuming the insurance applied for will be issued? |_| Yes |_| No
(If "Yes", state companies, plans and amounts.)
- --------------------------------------------------------------------------------
ANSWER QUESTIONS 12-16 ONLY IF NON-MEDICAL
- --------------------------------------------------------------------------------
12. A. Proposed Insured: Height. ____Ft. ____In.; Weight. ____lbs.
B. Additional Insured: Height. ____Ft. ____In.; Weight. ____lbs.
HAS ANY PERSON PROPOSED FOR INSURANCE:
13. A. Ever had or been treated for heart trouble, stroke, high blood pressure,
chest pain, diabetes, tumor, cancer, respiratory or neurological
disorder? |_| Yes |_| No
B. In the last 5 years, consulted a physician, or been examined or treated
at a hospital or other medical facility? |_| Yes |_| No (Include medical
check-ups in the last 2 years. Do not include colds, minor injuries or
normal pregnancy.)
14. In the last 12 months: A. Smoked cigarettes? |_| Yes |_| No
B. Used any other form of tobacco? |_| Yes |_| No
15. In the last 10 years:
A. Used, except as legally prescribed by a physician, tranquilizers;
barbiturates or other sedatives; marijuana, cocaine, hallucinogens or
other mood-altering drugs; heroin, methadone or other narcotics;
amphetamines or other stimulants; or any other illegal or controlled
substances? |_| Yes |_| No
B. Received counseling or treatment regarding the use of alcohol or drugs
including attendance at meetings or membership in any self-help group or
program such as Alcoholics Anonymous or Narcotics Anonymous?
|_| Yes |_| No
16. In the last 10 years, been:
A. Diagnosed by a member of the medical profession as having Acquired Immune
Deficiency Syndrome (AIDS) or AIDS-Related Complex (ARC)?
|_| Yes |_| No
B. Treated by a member of the medical profession for AIDS or ARC?
|_| Yes |_| No
- --------------------------------------------------------------------------------
17. DETAILS/SPECIAL INSTRUCTIONS/ADDITIONAL INFORMATION For each "Yes" answer
give Question Number, name of person(s) affected, and full details. For 13-16
include conditions, dates, durations, treatment and results, and names and
addresses of physicians and medical facilities.
- --------------------------------------------------------------------------------
QUES. NO. NAME OF PERSON DETAILS
- --------------------------------------------------------------------------------
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
- --------------------------------------------------------------------------------
EV4-200X 3
<PAGE>
- --------------------------------------------------------------------------------
18. COMPLETE IF MONEY IS PAID OR AN APPROVED PAYMENT AUTHORIZATION IS SIGNED
BEFORE THE POLICY IS DELIVERED: Have the undersigned read and do they agree to
the conditions of Equitable Variable's Temporary Insurance Agreement, including:
(i) the requirement that all of the conditions in that Agreement must be met
before any temporary insurance takes effect, and (ii) the $500,000 insurance
amount limitation? |_| Yes |_| No (If "No," or if any Person Proposed for
Insurance has been diagnosed or treated for Acquired Immune Deficiency Syndrome
(AIDS) or AIDS-Related Complex (ARC) by a member of the medical profession
within the last 10 years or had cancer, a stroke, or a heart attack within the
last year, a premium may not be paid nor an approved payment authorization
signed before the policy is delivered.)
|_| AMOUNT PAID: $_________. (Draw checks to the order of Equitable Variable.)
|_| APPROVED PAYMENT AUTHORIZATION SIGNED.
19. SOCIAL SECURITY OR TAX I.D. NUMBER CERTIFICATION. I, the proposed
policyowner, by my signature below, certify under penalties of perjury that (i)
the number shown in question 3.c.(1) or 1.g. of this form is my correct taxpayer
identification number, and (ii) I |_| am |_| am not subject to a backup
withholding order issued by the Internal Revenue Service. I understand that
failure to furnish the correct information may subject me to Federal backup
withholding.
- --------------------------------------------------------------------------------
AGREEMENT. Each signer of this application agrees that:
(1). The statements and answers in all parts of this application are true and
complete to the best of my (our) knowledge and belief. Equitable Variable
may rely on them in acting on this application.
(2). Equitable Variable's Temporary Insurance Agreement states the conditions
that must be met before any insurance takes effect if money is paid or an
approved payment authorization is signed, before the policy is delivered.
Temporary Insurance is not provided for a policy or benefit applied for
under the terms of a guaranteed insurability option or a conversion
privilege.
(3). Except as stated in the Temporary Insurance Agreement, no insurance shall
take effect on this application: (a) until a policy is delivered and the
full initial premium for it is paid, or an approved payment authorization
is signed, while the person(s) proposed for insurance is (are) living; (b)
before any Register Date specified in this application; and (c) unless to
the best of my (our) knowledge and belief the statements and answers in all
parts of this application continue to be true and complete, without
material change, as of the time such premium is paid or an approved payment
authorization is signed
(4). No agent or medical examiner has authority to modify this Agreement or the
Temporary Insurance Agreement, nor to waive any of Equitable Variable's
rights or requirements. Equitable Variable shall not be bound by any
information unless it is stated in Application Part 1 or Part 2.
(5). POLICY VALUES INCREASE OR DECREASE DEPENDING ON CREDITED INTEREST FOR THE
GUARANTEED INTEREST DIVISION AND/OR INVESTMENT EXPERIENCE OF THE SEPARATE
ACCOUNT DIVISIONS AND REFLECT CERTAIN DEDUCTIONS AND CHARGES.
- --------------------------------------------------------------------------------
VLI Notice: Available on request are illustrations of benefits,
including death benefits, policy values and cash surrender values.
- --------------------------------------------------------------------------------
ACKNOWLEDGEMENT AND AUTHORIZATIONS
UNDERWRITING PRACTICES. I (We) have received a statement of the underwriting
practices of Equitable Variable which describes how and why Equitable Variable
obtains information on my insurability, to whom such information may be reported
and how I may obtain it. The statement also contains the notice required by the
Fair Credit Reporting Act.
AUTHORIZATIONS.
TO OBTAIN MEDICAL INFORMATION. I (we) authorize any physician, hospital, medical
practitioner or other facility, insurance company, and the Medical Information
Bureau to release to Equitable Variable and its legal representative any and all
information they may have about any diagnosis, treatment and prognosis regarding
my physical or mental condition.
TO OBTAIN NON-MEDICAL INFORMATION. I (we) authorize any employer, business
associate, government unit, financial institution, Consumer Reporting Agency,
and the Medical Information Bureau to release to Equitable Variable and its
legal representative any information they may have about my occupation,
avocations, finances, driving record, character and general reputation. I (we)
authorize Equitable Variable to obtain investigative consumer reports, as
appropriate.
TO USE AND DISCLOSE INFORMATION. I (we) understand that the information that I
(we) authorize Equitable Variable to obtain will be used by Equitable Variable
to help determine my insurability or my eligibility for benefits under an
existing policy. I (we) authorize Equitable Variable to release information
about my insurability to its reinsurers, contractors and affiliates, my (our)
Equitable Variable Agent, and to the Medical Information Bureau, all as
described in the statement of Equitable Variable's underwriting practices or to
other persons or businesses performing business or legal services in connection
with my application or claim of eligibility for benefits, or as may be otherwise
lawfully required, or as I (we) may further authorize. I (we) understand that I
(we) have the right to learn the contents of any report of information
(generally, through my physician, in the case of medical information).
COPY OF AUTHORIZATIONS. I (we) have a right to ask for and receive a true copy
of this Acknowledgement and Authorizations signed by me (us). I (we) agree that
a reproduced copy will be as valid as the original.
DURATION. I (we) agree that these authorizations will be valid for 12 months
from the date shown below.
- --------------------------------------------------------------------------------
Laws in your state may make it a crime to fill out an insurance
or annuity application with information you know is false
or to leave out material facts.
- --------------------------------------------------------------------------------
Dated at City __________________________________________________________________
State __________________________________________________________________________
on _____________________________________________________________________ 19 ____
X_______________________________________________________________________________
Signature of Proposed Insured or of Applicant if Proposed Insured is a Child,
Issue Age 0-14.
X_______________________________________________________________________________
Signature of Proposed Additional Insured, if any.
X_______________________________________________________________________________
Signatures of Purchaser and Owner if not Proposed Insured. (If a
corporation, show firm's name and signature of authorized officer.)
________________________________________________________________________________
Signature of Agent (Registered Representative)
EV4-200X 4
MARY P. BREEN
Vice President and
Associate General Counsel
(212) 554-3841
Fax: (212) 554-1266
December 9, 1996
The Equitable Life Assurance Society of the United States
1290 Avenue of the Americas
New York, NY 10104
Dear Sirs:
This opinion is furnished in connection with the filing of a Registration
Statement on Form S-6 ("Registration Statement") of Separate Account FP
("Separate Account FP") of The Equitable Life Assurance Society of the United
States ("Equitable"). The Registration Statement covers an indefinite number of
units of interest in Separate Account FP ("Units") funding variable life
insurance with additional premium option ("Policies") issued by Equitable
Variable Life Insurance Company ("Equitable Variable"). Equitable Variable, a
wholly-owned subsidiary of Equitable, is expected to be merged with and into
Equitable on January 1, 1997. Upon consummation of the merger, Policies issued
prior thereto will become obligations of Equitable. This opinion assumes
consummation of the merger and compliance with regulatory requirements relating
thereto. Although the Policies are no longer being offered for sale, Equitable
will continue to collect premiums under the Policies. Net premiums received
under the Policies are allocated by Equitable to Separate Account FP to the
extent directed by owners of the Policies. Net premiums under other Equitable
variable life insurance policies will also be allocated to Separate Account FP.
I have examined all such corporate records of Equitable and such other
documents and laws as I consider appropriate as a basis for the opinion
hereinafter expressed. On the basis of such examination, it is my opinion that:
1. Equitable is a corporation duly organized and validly existing under
the laws of the State of New York.
2. Separate Account FP has been duly established by Equitable pursuant
to the laws of the State of New York, under which income, gains and losses,
whether or not realized, from assets allocated to Separate Account FP, are to
be, in accordance with the Policies, credited to or charged against Separate
Account FP without regard to other income, gains or losses of Equitable.
<PAGE>
3. Assets allocated to Separate Account FP will be owned by Equitable;
Equitable will not be a trustee with respect thereto. The Policies provide that
the portion of the assets of Separate Account FP equal to the reserves and other
Policy liabilities with respect to Separate Account FP will not be chargeable
with liabilities arising out of any other business Equitable may conduct.
Equitable reserves the right to transfer assets of Separate Account FP in excess
of such reserves and other Policy liabilities to the general account of
Equitable.
4. Upon consummation of the merger, the Policies (including any Units
duly credited thereunder) will be duly authorized and will constitute validly
issued and binding obligations of Equitable in accordance with their terms.
I hereby consent to the use of this opinion as an exhibit to the
Registration Statement.
Very truly yours,
/s/ Mary P. Breen
-----------------
Mary P. Breen
46426
EQUITABLE EQUITABLE VARIABLE LIFE INSURANCE COMPANY
VARIABLE LIFE INSURANCE COMPANY Two Penn Plaza
NEW YORK, N.Y. New York, NY 10121
[EVLICO LOGO]
March 16, 1987
Equitable Variable Life Insurance Company
787 Seventh Avenue
New York, New York 10019
This opinion is furnished in connection with the Registration Statement
on Form S-6, File No. 33-8237 ("Registration Statement") of Separate Account FP
("Separate Account FP") of Equitable Variable Life Insurance Company ("Equitable
Variable") and Equitable Variable covering an indefinite number of units of
interest in the Separate Account under variable life insurance policies with
additional premium option ("Policies"). Initial premiums and, after the
deduction of a $25 administrative charge, additional premiums received under the
Policies may be allocated to Separate Account FP as described in the Prospectus
included in the Registration Statement.
I participated in the preparation of the Policies and I am familiar with
their provisions. I am also familiar with the description contained in the
Prospectus. In my opinion:
1. The illustrations of Insurance Benefit, Policy Account, Cash
Surrender Values and accumulated premiums for the Policies in Part 5
of the Prospectus, based on the assumptions stated in the
illustrations, are consistent with the provisions of the Policies.
The rate structure of the Policies has not been designed so as to
make the relationship between premiums and benefits, as shown in the
illustrations, appear to be correspondingly more favorable to a
prospective purchaser of Policies for males age 10, 35 or 55 than to
prospective purchasers of Policies for a male at other ages or for a
female.
2. The examples of Insurance Benefit, Policy Account and Cash Surrender
Values for the
<PAGE>
-2-
Policies, set forth under "Hypothetical Illustrations" in Part 1 of
the Prospectus, based on the Net Returns of the Common Stock Division
and the Money Market Divisions of the Separate Account and the
assumptions stated with the examples, are consistent with the
provisions of the Policies. The rate structure of the Policies has
not been designed so as to make the relationship between premiums and
benefits, as shown in the examples, appear to be correspondingly more
favorable to a prospective purchaser of Policies for males age 35
than to prospective purchasers of Policies for a male at other ages
or for a female.
3. The "Table Of Factors Used In Determining the Insurance Benefit", set
forth under "Insurance Benefit" in Part 3 of the Prospectus, contains
the factors to be used for males and females of illustrative ages.
These factors have not been designed so as to make the factors more
favorable for the ages illustrated than for a male or female at other
ages.
I hereby consent to the use of this opinion as an exhibit to the
Registration Statement and to the reference to my name under the heading
"Financial And Actuarial Experts" in the Prospectus.
Very truly yours,
/s/ Joseph O. North, Jr.
Joseph O. North, Jr.
Vice President and Actuary
9562I
April 19, 1989
Equitable Variable Life Insurance Company
787 Seventh Avenue
New York, New York 10019
This opinion is furnished in connection with the Registration Statement
on Form S-6, File No. 33-8237 ("Registration Statement") of Separate Account FP
("Separate Account FP") of Equitable Variable Life Insurance Company ("Equitable
Variable") covering an indefinite number of units of interest in Separate
Account FP under variable life insurance policies with additional premium option
("Policies"). Initial premiums and, after deduction of a $25 administrative
charge, additional premiums received under the Policies may be allocated to
Separate Account FP as described in the Prospectus and prospectus supplement
included in the Registration Statement.
I participated in the preparation of the Policies and I am familiar
with their provisions. I am also familiar with the description contained in the
Prospectus and prospectus supplement. In my opinion:
1. The Illustrations of Insurance Benefit, Policy Account and Cash
Surrender Values, and Accumulated Premiums in Appendix A of the
prospectus supplement are consistent with the provisions of the
Policies. The assumptions upon which these illustrations are
based, including the current cost of insurance charges, are
stated in Appendix A and are reasonable. The Policies have not
been designed so as to make the relationship between premiums and
benefits, as shown in the illustrations, appear
disproportionately more favorable to prospective purchasers of
Policies for males age 10, 35 or 55 than to prospective
purchasers of Policies for males at other ages or for females.
The particular illustrations shown were not selected for the
purpose of making the relationship appear more favorable.
2. Insurance Benefit, Policy Account and Cash Surrender Values for
the Policies, set forth under "Hypothetical Illustration" in Part
1 of the Prospectus and updated in the prospectus supplement,
<PAGE>
based on the Net Returns of the Common Stock Division and the
Money Market Divisions of Separate Account FP, are consistent
with the provisions of the Policies. The assumptions upon which
the example are based, including the current cost of insurance
charges, are stated with the examples and re reasonable. The
Policies have not been designed so as to make the relationship
between premiums and benefits, as shown in the examples, appear
disproportionately more favorable to prospective purchasers of
Policies for males age 35 than to prospective purchasers of
Policies for males at other ages or for females. The particular
examples shown were not selected for the purpose of making the
relationship appear more favorable.
3. The "Table of Factors Used in Determining the Insurance Benefit",
set forth under "Insurance Benefit" in Part 3 of the Prospectus,
contains the factors to be used for males and females of
Illustrative ages. These factors have not been designed so as to
make the factors disproportionately more favorable for the ages
illustrated than for males or females of other ages. The
particular factors shown were not selected because they are more
favorable than for males or females of other ages.
I hereby consent to the use of this opinion as an exhibit to the
Registration Statement and to the reference to my name under the heading
"Financial And Actuarial Experts" in the Prospectus.
Very truly yours,
/s/ Joseph O. North, Jr.
Joseph O. North, Jr.
Vice President and Actuary
7325i
December 9, 1996
The Equitable Life Assurance Society of the United States
1290 Avenue of the Americas
New York, New York 10104
This consent is furnished in connection with the filing of the
Registration Statement on Form S-6 ("Registration Statement") of Separate
Account FP ("Separate Account FP") of The Equitable Life Assurance Society of
the United States ("Equitable") covering an indefinite number of units of
interest in Separate Account FP under variable life insurance policies with
additional premium option ("Policies") which were originally offered and issued
by Equitable Variable Life Insurance Company ("Equitable Variable"), a
wholly-owned subsidiary of Equitable, most recently pursuant to a prospectus
dated September 30, 1987, as supplemented. Equitable Variable is to be merged
into Equitable on January 1, 1997 and on such date, Equitable will assume
Equitable Variable's obligations under the Policies. The Policies are no longer
being offered for sale, although Equitable will continue to collect premiums
under the Policies.
I hereby consent to the filing of my opinions dated March 16, 1987 and
April 19, 1989 (the "Opinions") (originally filed as exhibits to Pre-Effective
Amendment No. 2 and Post-Effective Amendment No. 4, respectively, to Equitable
Variable's Registration Statement on Form S-6, File No. 33-8237) as exhibits to
Equitable's Registration Statement and to the reference to my name under the
heading "Accounting and Actuarial Experts" in the Prospectus and Prospectus
Supplement. The references to the "Prospectus" and "Prospectus Supplement" in
the Opinions and in this consent are to the prospectus dated March 16, 1987 and
the prospectus supplement dated April 19, 1989, respectively, filed in
Equitable's Registration Statement, and the Opinions speak as of their
respective dates.
Very truly yours,
/s/ Joseph O. North, Jr.
-----------------------------
Joseph O. North, Jr.,
F.S.A., M.A.A.A.
Vice President and Senior Actuary
The Equitable Life Assurance
Society of the United States
44941
CONSENT OF INDEPENDENT ACCOUNTANTS
We hereby consent to the use in the Registration Statement on Form S-6 (the
"Registration Statement") of our report dated February 7, 1996, relating to the
consolidated financial statements of The Equitable Life assurance Society of the
United States, and our report dated February 7, 1996, except as to Note 8 which
is as of September 19, 1996, relating to the financial statements of Equitable
Variable Life Insurance Company Separate Account FP and to the incorporation by
reference of our reports into the Prospectus Supplement which constitute part of
this Registration Statement. We also consent to the references to us under the
heading "Financial Statements" in the Prospectus Supplement.
/s/ Price Waterhouse LLP
Price Waterhouse LLP
New York, New York
December 9, 1996
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Claude Bebear
-----------------
1
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ James M. Benson
-------------------
2
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 30th day of September, 1996
/s/ Christopher J. Brockson
---------------------------
3
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 30th day of September, 1996
/s/ Francoise Colloc'h
----------------------
4
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 20th day of September, 1996
/s/ Henri de Castries
---------------------
5
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Joseph L. Dionne
--------------------
6
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ William T. Esrey
--------------------
7
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Jean-Rene Fourou
--------------------
8
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Norman C. Francis
---------------------
9
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Donald J. Greene
--------------------
10
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 18th day of September, 1996
/s/ John T. Hartley
-------------------
11
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 13th day of September, 1996
/s/ John H.F. Haskell, Jr.
--------------------------
12
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ W. Edwin Jarmain
--------------------
13
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ G. Donald Johnston, Jr.
---------------------------
14
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 30th day of September, 1996
/s/ Winthrop Knowlton
---------------------
15
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Arthur L. Liman
-------------------
16
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ George T. Lowy
------------------
17
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ William T. McCaffrey
------------------------
18
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 12th day of September, 1996
/s/ Joseph J. Melone
--------------------
19
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Didier Pineau-Valencienne
-----------------------------
20
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ George J. Sella Jr.
-----------------------
21
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Dave H. Williams
--------------------
22
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Jonathan E. Gaines, Jerome S. Golden, James D.
Goodwin, Molly K. Heines, David J. Hughes, Naomi J. Weinstein, Charles Wilder,
and each of them (with full power to each of them to act alone), his or her true
and lawful attorney-in-fact and agent, with full power of substitution to each,
for him or her and on his or her behalf and in his or her name, place and stead,
to execute and file any of the documents referred to below relating to
registrations under the Securities Act of 1933, the Securities Exchange Act of
1934 and the Investment Company Act of 1940 with respect to any annuity
contracts or other agreements, or interests thereunder, providing for allocation
of amounts to Separate Accounts of the Company, and related units or interests
in Separate Accounts or providing for market value adjustments: registration
statements on any form or forms under the Securities Act of 1933, the Securities
Exchange Act of 1934 and the Investment Company Act of 1940 and reports on any
form or forms under the Securities Exchange Act of 1934, and any and all
amendments and supplements thereto, with all exhibits and all instruments
necessary or appropriate in connection therewith, each of said attorneys-in-fact
and agents and his, her or their substitutes being empowered to act with or
without the others or other, and to have full power and authority to do or cause
to be done in the name and on behalf of the undersigned each and every act and
thing requisite and necessary or appropriate with respect thereto to be done in
and about the premises in order to effectuate the same, as fully to all intents
and purposes as the undersigned might or could do in person, hereby ratifying
and confirming all that said attorneys-in-fact and agents, or any of them, may
do or cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 17th day of November, 1994
/s/ J. M. de St. Paer
---------------------
23
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, James D. Goodwin, Pauline
Sherman, Michael F. McNelis, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 21st day of May, 1996
/s/ Stanley B. Tulin
--------------------
24
Exhibit 8
---------
Description of Equitable's Issuance, Transfer
and Redemption Procedures for Policies
Pursuant to Rule 6e-3(T)(b)(12)(iii)
under the Investment Company Act of 1940
June 10, 1987
Rule 6e-3(T)(b)(12)(iii) under the Investment Company Act of 1940 ("1940
Act") provides an exemption for separate accounts, their investment advisers,
principal underwriters and sponsoring insurance company from Sections 22(d),
22(e), and 27(c)(1) of the 1940 Act, and Rule 22c-1 promulgated thereunder, for
issuance, transfer and redemption procedures under flexible premium variable
life insurance policies to the extent necessary to comply with Rule 6e-3(T),
state administrative law or established administrative procedures of the life
insurance company. In order to qualify for the exemption, procedures must be
reasonable, fair and not discriminatory and they must be disclosed in the
registration statement filed by the separate account.
This exhibit is furnished in connection with the registration statement
on Form S-6, File No. 33-8237 (the "Registration Statement") by Separate Account
FP (the "Account") of The Equitable Life Assurance Society of the United States
("Equitable") and Equitable covering an indefinite number of units of interest
in the Account under variable life insurance policies with additional premium
option, policy form no. 86-500 (the "policies"). The Account is registered under
the 1940 Act, File No. 811-4335. The Account and Equitable have also filed a
registration statement on Form S-6, File No. 2-98590, covering an indefinite
number of units of interest in the Account under flexible premium variable life
insurance policies.
The Account is divided into six investment divisions: the Common Stock,
Money Market, Aggressive Stock, Balanced, High Yield and Global Division. Each
of these investment divisions is available for allocation for premiums under the
policies. Such divisions are collectively referred to herein as the "investment
divisions". Procedures apply equally to each investment division and for
purposes of this description are defined in terms of the Account, except where a
discussion of both the Account and its investment divisions is necessary. Each
investment division invests in shares of a corresponding portfolio of The Hudson
River Fund, Inc. (the "Fund"), a "series" type of mutual fund
<PAGE>
-2-
registered under the 1940 Act, File No. 811-4185. The investment experience of
the investment divisions of the Account depends on the market performance of the
corresponding Fund portfolios.
Equitable believes its procedures meet the requirements of Rule
6e-3(T)(b)(12)(iii) and states the following:
1. Because of the insurance nature of the policies and due to the
requirements of state insurance laws, the procedures necessarily differ in
significant respects from procedures for mutual funds and contractual plans for
which the 1940 Act was designed.
2. Many of the procedures used by Equitable have been adapted
from established procedures for its scheduled premium variable life insurance
policies.
3. In structuring its procedures to comply with Rule 6e-3(T), state
insurance laws and established administrative procedures, Equitable has
attempted to comply with the intent of the 1940 Act, to the extent deemed
feasible.
4. In general, state insurance laws require that Equitable's
procedures be reasonable, fair and not discriminatory.
5. Because of the nature of the policies as an insurance product, it is
often difficult to determine precisely when Equitable's procedures
deviate from those required under Section 22(d), 22(e) or 27(c)(1) of the 1940
Act or Rule 22c-1 thereunder. Accordingly, set out below is a summary of the
principal policy provisions and procedures not otherwise described in the
prospectus which may be deemed to constitute, either directly or indirectly,
such a deviation. The summary does not attempt to treat each and every procedure
or variation which might occur and does include certain procedural steps which
do not constitute deviations from the above-cited sections or rule.
I. "Redemption Procedures":
Surrender and Related Transactions
----------------------------------
This section will outline those procedures which differ in certain
significant respects from redemption procedures for mutual funds and contractual
plans. The policies provide for the payment of monies to a policyowner or
beneficiary upon presentation of a policy. Generally, except for the payment of
the Insurance Benefit, the imposition of cost of insurance and administrative
charges and the effects of the surrender charge, the payee will receive a pro
rata or proportionate share of the Account's assets within the meaning of the
1940 Act in any transaction involving "redemption procedures". The amount
received by the payee will depend u pon the particular benefit for which the
policy is presented,
<PAGE>
-3-
including, for example, the cash surrender value or Insurance Benefit. In
addition, under the loan provisions of the policies, policies will not be
presented to Equitable for redemption but loans will affect the
policyowners' benefits and may involve a transfer of the assets supporting the
policy reserve out of the Account. Finally, state insurance law may require that
certain requirements be met before Equitable is permitted to make
payments to the payee.
a. Surrender for Cash Values
-------------------------
Equitable will pay the net cash surrender value within seven days after
receipt, at its Administrative Office, of the policy and a signed request for
surrender. Computations with respect to the investment experience of each
investment division will be made at the end of each business day. Generally, a
business day is any day we are open and the New York Stock Exchange is open for
trading. However, we are closed on Martin Luther King Day and the Friday after
Thanksgiving Day. This will enable Equitable to pay a net cash value on
surrender based on the next computed value after a request is received. The
surrender is effective on the date Equitable receives the request at its
administrative office.
Equitable will make the payment of net cash surrender value out of its
General Account and, at the same time, transfer assets from the Account to the
General Account in an amount equal to the policy reserves in the Account.
b. Death Claims
------------
Equitable will pay an Insurance Benefit (net of indebtedness) to the
beneficiary within seven days after receipt, at its Administrative Office, of
the policy, due proof of death of the insured, and all other requirements
necessary(1) to make payment. The proceeds payable on death reflect interest
from date of death to the date of payment.
Equitable will make payment of the Insurance Benefit out of its General
Account, and will transfer assets from the Account to the General Account in an
amount equal to the reserve in that Account. The excess, if any, of the
Insurance Benefit over the amount transferred will be paid out of the General
Account reserve maintained for that purpose.
- ------------
(1)State insurance laws impose various requirements, such as receipt of a tax
waiver, before payment of the death benefit may be made. In addition, payment of
the Insurance Benefit is subject to the provisions of the policies regarding
suicide and incontestability.
<PAGE>
-4-
c. Exchange of Policy
------------------
The policies allow the policyowner, to exchange the policy for
Equitable's "Flexible Premium Adjustable Life Plan" policy. It is a policy of
permanent fixed benefit life insurance. The new policy will have the same
Register Date, Date of Issue, and Issue Age as the exchanged policy. It will
have a face amount equal to the initial Insurance Benefit under the Policy. The
premium for the new policy will be based on Equitable's rates in effect on its
Register Date for the same class of risk as under the policy.
Equitable will inform the policyowner of the amount of the premium for
the new policy, and of any extra sum required or allowance to be made for a
premium or Cash Surrender Value adjustment that takes appropriate account of the
premiums and cash surrender values under the policy and under the new policy. If
so required, Equitable has filed a detailed statement of the method of computing
such an adjustment with the insurance supervisory official of the jurisdiction
in which the policy is delivered.
The exchange will be subject to the following rules:
1. The policy must be in effect on the exchange date; and
2. Any loan and loan interest on the policy be repaid.
The date of exchange will be the later of: (a) the date the policyowner
sends us the policy and the signed request on Equitable's form for such
exchange; or (b) the date we receive at Equitable's Administrative Office any
sum due to be paid for such exchange.
d. Policy Loan
-----------
Equitable's policies provide that a policyowner may take a loan of up to
95% of the cash surrender value upon assignment to Equitable of the policy as
sole security. The cash surrender value for this purpose will be that next
computed after receipt, at Equitable's Administrative Office, of a loan request.
Payment of the loan out of Equitable's General Account will be made to the
policyowner within seven days after such receipt.
When a loan is made, the portion of the assets in the Account (which is a
portion of the cash surrender value and which also constitutes a portion of the
reserves for the Insurance Benefit) equal to the indebtedness created thereby is
transferred by Equitable from the Account and set aside to secure the loan.
Withdrawal of amounts equal to the
<PAGE>
-5-
loan amount from among investment divisions will be according to the
policyowner's request. If this allocation is not specified or not possible, the
loan will be allocated according to the proportion of the values each
investment division of the Account bear to the total value in the divisions.
Equitable pays a declared interest rate on all amounts set aside to
secure a loan. Interest on such an annual rate that equals the declared rate for
each policy year. At policy issuance, and prior to each policy anniversary,
Equitable declares the rates that will apply to such amounts for the following
policy year.
Because of the transfer, a portion of the policy is not variable during
the loan period (except in accordance with adjustments in the loan interest rate
described above) and, therefore, the Insurance Benefit and the cash surrender
value are permanently affected by any indebtedness, whether or not repaid in
whole or in part.
II. "Public Offering Price": Purchase and Related
Transactions -- Section 22(d) and Rule 22c-1
----------------------------------------------
This section outlines those principal policy provisions and
administrative procedures which might be deemed to constitute, either directly
or indirectly, a "purchase" transaction. Because of the insurance nature of the
policies, the procedures involved necessarily differ in certain significant
respects from the purchase procedures for mutual funds and contractual plans.
The chief difference revolves around the insurance underwriting (i.e.,
evaluation of risk) process. Another difference is the policies' loan repayment
provisions, which do not result in the issuance of a policy but involve a
transfer of assets supporting the policy reserve into the Account.
a. Application and Initial Premium Processing
------------------------------------------
Upon receipt of a completed application from a prospective policyowner,
Equitable will follow certain insurance underwriting (i.e., evaluation of risks)
procedures designed to determine whether the proposed insured is insurable. This
process may involve such verification procedures as medical examinations and may
require that further information be provided by the proposed policyowner before
a determination can be made. A policy cannot be issued, i.e., physically issued
through Equitable's computerized issue system, until this underwriting procedure
has been completed.
<PAGE>
-6-
These processing procedures will not dilute any benefit payable to any
existing policyowner. Although a policy cannot be issued until after the
underwriting process has been completed, if the proposed policyowner has
submitted an application and paid the initial premium, Equitable may, subject to
certain conditions, provide a limited amount of temporary insurance on the
person proposed to be insured. A copy of Equitable's Temporary Insurance
Agreement is included in Exhibit 1-A(5) to the Registration statement.
Equitable will require that the policy be delivered within a specific
delivery period to protect itself against anti-selection by the prospective
policyowner resulting from a deterioration of the health of the proposed
insured. Generally, the period will not exceed the shorter of 30 days from the
date the policy is issued and 75 days from the date of Part 2 of the
Application.
b. Repayment of Loan
-----------------
A loan made under the policy may be repaid with an amount equal to the
original loan plus loan interest.
When a loan is made, Equitable will transfer from each investment
division of the Account to the General Account an amount of that Division's cash
surrender value equal to the amount loaned from that division. Equitable will
credit these assets with interest. Since Equitable will credit the balance of
such assets above a certain amount with interest at a rate no more than 2% below
the interest rate on the loan, Equitable will retain the difference between
these rates and the loan rates in order to cover certain expenses and
contingencies. Upon repayment of indebtedness, Equitable will reduce the amounts
set aside to secure the loan and transfer assets supporting corresponding
reserves to the Divisions according to policyowner's instruction or the premium
payment allocation percentages then in effect.
0396i
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000771726
<NAME> Sep Acct FP EVLICO
<SERIES>
<NUMBER> 02
<NAME> Common Stock Division
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> 9-MOS
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Sep-30-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 1,194,664,886
<INVESTMENTS-AT-VALUE> 1,481,486,712
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 0
<TOTAL-ASSETS> 1,481,486,712
<PAYABLE-FOR-SECURITIES> 197,381
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 1,478,548
<TOTAL-LIABILITIES> 1,675,929
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 1,479,810,783
<DIVIDEND-INCOME> 9,004,982
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 5,915,587
<NET-INVESTMENT-INCOME> 3,089,395
<REALIZED-GAINS-CURRENT> 66,524,294
<APPREC-INCREASE-CURRENT> 104,997,547
<NET-CHANGE-FROM-OPS> 174,611,236
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 3,089,395
<DISTRIBUTIONS-OF-GAINS> 171,521,841
<DISTRIBUTIONS-OTHER> 158,900,506
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<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 333,225,509
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<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
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<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
<AVERAGE-NET-ASSETS> 0
<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
<PER-SHARE-GAIN-APPREC> 0
<PER-SHARE-DIVIDEND> 0
<PER-SHARE-DISTRIBUTIONS> 0
<RETURNS-OF-CAPITAL> 0
<PER-SHARE-NAV-END> 0
<EXPENSE-RATIO> 0
<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000771726
<NAME> Sep Acct FP EVLICO
<SERIES>
<NUMBER> 03
<NAME> Money Market Division
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> 9-MOS
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Sep-30-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 165,564,928
<INVESTMENTS-AT-VALUE> 165,937,243
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 3,827,870
<TOTAL-ASSETS> 169,765,113
<PAYABLE-FOR-SECURITIES> 3,912,050
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 574,980
<TOTAL-LIABILITIES> 4,487,030
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 165,278,083
<DIVIDEND-INCOME> 6,300,108
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 738,965
<NET-INVESTMENT-INCOME> 5,561,143
<REALIZED-GAINS-CURRENT> (149,139)
<APPREC-INCREASE-CURRENT> 282,339
<NET-CHANGE-FROM-OPS> 5,694,343
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 5,561,143
<DISTRIBUTIONS-OF-GAINS> 133,200
<DISTRIBUTIONS-OTHER> (47,489,051)
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> (41,855,448)
<ACCUMULATED-NII-PRIOR> 0
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<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
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<GROSS-EXPENSE> 0
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<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
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<PER-SHARE-DIVIDEND> 0
<PER-SHARE-DISTRIBUTIONS> 0
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<EXPENSE-RATIO> 0
<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000771726
<NAME> Sep Acct FP EVLICO
<SERIES>
<NUMBER> 04
<NAME> Aggressive Stock Division
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> 9-MOS
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Sep-30-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 661,363,283
<INVESTMENTS-AT-VALUE> 745,660,006
<RECEIVABLES> 3,329,166
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 0
<TOTAL-ASSETS> 748,989,172
<PAYABLE-FOR-SECURITIES> 0
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 4,365,282
<TOTAL-LIABILITIES> 4,365,282
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 744,623,890
<DIVIDEND-INCOME> 1,105,507
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 2,923,580
<NET-INVESTMENT-INCOME> (1,818,073)
<REALIZED-GAINS-CURRENT> 109,284,261
<APPREC-INCREASE-CURRENT> 4,025,605
<NET-CHANGE-FROM-OPS> 111,491,793
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> (1,818,073)
<DISTRIBUTIONS-OF-GAINS> 113,309,866
<DISTRIBUTIONS-OTHER> 78,138,849
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 189,435,759
<ACCUMULATED-NII-PRIOR> 0
<ACCUMULATED-GAINS-PRIOR> 0
<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
<GROSS-ADVISORY-FEES> 0
<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
<AVERAGE-NET-ASSETS> 0
<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
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<PER-SHARE-DIVIDEND> 0
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<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000771726
<NAME> Sep Acct FP EVLICO
<SERIES>
<NUMBER> 05
<NAME> Balanced Division
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> 9-MOS
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Sep-30-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 381,690,336
<INVESTMENTS-AT-VALUE> 415,550,419
<RECEIVABLES> 207,444
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 0
<TOTAL-ASSETS> 415,757,863
<PAYABLE-FOR-SECURITIES> 0
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 1,168,813
<TOTAL-LIABILITIES> 1,168,813
<SENIOR-EQUITY> 0
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<SHARES-COMMON-PRIOR> 0
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<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 414,589,050
<DIVIDEND-INCOME> 9,585,426
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 1,833,659
<NET-INVESTMENT-INCOME> 7,751,767
<REALIZED-GAINS-CURRENT> 25,683,251
<APPREC-INCREASE-CURRENT> (9,237,104)
<NET-CHANGE-FROM-OPS> 24,197,914
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 7,751,767
<DISTRIBUTIONS-OF-GAINS> 16,446,147
<DISTRIBUTIONS-OTHER> (8,070,458)
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 16,023,841
<ACCUMULATED-NII-PRIOR> 0
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<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
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<PER-SHARE-NII> 0
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<PER-SHARE-DIVIDEND> 0
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<RETURNS-OF-CAPITAL> 0
<PER-SHARE-NAV-END> 0
<EXPENSE-RATIO> 0
<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000771726
<NAME> Sep Acct FP EVLICO
<SERIES>
<NUMBER> 06
<NAME> High Yield Division
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> 9-MOS
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Sep-30-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 87,558,526
<INVESTMENTS-AT-VALUE> 95,912,162
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 0
<TOTAL-ASSETS> 95,912,162
<PAYABLE-FOR-SECURITIES> 43,386
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 691,748
<TOTAL-LIABILITIES> 735,134
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 95,177,028
<DIVIDEND-INCOME> 6,020,378
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 365,819
<NET-INVESTMENT-INCOME> 5,654,559
<REALIZED-GAINS-CURRENT> 3,600,269
<APPREC-INCREASE-CURRENT> 4,529,655
<NET-CHANGE-FROM-OPS> 13,784,483
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 5,654,559
<DISTRIBUTIONS-OF-GAINS> 8,129,924
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<SHARES-REINVESTED> 0
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<ACCUMULATED-NII-PRIOR> 0
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<GROSS-EXPENSE> 0
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<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000771726
<NAME> Sep Acct FP EVLICO
<SERIES>
<NUMBER> 07
<NAME> Global Division
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> 9-MOS
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Sep-30-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 351,595,598
<INVESTMENTS-AT-VALUE> 403,967,887
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 368,849
<TOTAL-ASSETS> 404,336,736
<PAYABLE-FOR-SECURITIES> 181,369
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 576,659
<TOTAL-LIABILITIES> 758,028
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 403,578,708
<DIVIDEND-INCOME> 4,146,524
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 1,674,106
<NET-INVESTMENT-INCOME> 2,472,418
<REALIZED-GAINS-CURRENT> 11,768,222
<APPREC-INCREASE-CURRENT> 15,846,693
<NET-CHANGE-FROM-OPS> 30,087,333
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 2,472,418
<DISTRIBUTIONS-OF-GAINS> 27,614,915
<DISTRIBUTIONS-OTHER> 40,064,284
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 70,081,688
<ACCUMULATED-NII-PRIOR> 0
<ACCUMULATED-GAINS-PRIOR> 0
<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
<GROSS-ADVISORY-FEES> 0
<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
<AVERAGE-NET-ASSETS> 0
<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
<PER-SHARE-GAIN-APPREC> 0
<PER-SHARE-DIVIDEND> 0
<PER-SHARE-DISTRIBUTIONS> 0
<RETURNS-OF-CAPITAL> 0
<PER-SHARE-NAV-END> 0
<EXPENSE-RATIO> 0
<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000771726
<NAME> Sep Acct FP EVLICO
<SERIES>
<NUMBER> 08
<NAME> Conservative Investors Division
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> 9-MOS
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Sep-30-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 166,617,325
<INVESTMENTS-AT-VALUE> 170,418,342
<RECEIVABLES> 98,112
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 0
<TOTAL-ASSETS> 170,516,454
<PAYABLE-FOR-SECURITIES> 0
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 714,160
<TOTAL-LIABILITIES> 714,160
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 169,802,294
<DIVIDEND-INCOME> 5,867,240
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 777,140
<NET-INVESTMENT-INCOME> 5,090,100
<REALIZED-GAINS-CURRENT> 2,244,729
<APPREC-INCREASE-CURRENT> (6,561,103)
<NET-CHANGE-FROM-OPS> 773,726
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 5,090,100
<DISTRIBUTIONS-OF-GAINS> (4,316,374)
<DISTRIBUTIONS-OTHER> (3,044,490)
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> (2,284,805)
<ACCUMULATED-NII-PRIOR> 0
<ACCUMULATED-GAINS-PRIOR> 0
<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
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<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
<AVERAGE-NET-ASSETS> 0
<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
<PER-SHARE-GAIN-APPREC> 0
<PER-SHARE-DIVIDEND> 0
<PER-SHARE-DISTRIBUTIONS> 0
<RETURNS-OF-CAPITAL> 0
<PER-SHARE-NAV-END> 0
<EXPENSE-RATIO> 0
<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000771726
<NAME> Sep Acct FP EVLICO
<SERIES>
<NUMBER> 09
<NAME> Growth Investors Division
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> 9-MOS
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Sep-30-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 608,848,116
<INVESTMENTS-AT-VALUE> 659,684,627
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 0
<TOTAL-ASSETS> 659,684,627
<PAYABLE-FOR-SECURITIES> 250,106
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 755,932
<TOTAL-LIABILITIES> 1,006,038
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 658,678,589
<DIVIDEND-INCOME> 10,945,015
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 2,710,777
<NET-INVESTMENT-INCOME> 8,234,238
<REALIZED-GAINS-CURRENT> 63,929,470
<APPREC-INCREASE-CURRENT> (30,949,362)
<NET-CHANGE-FROM-OPS> 41,214,346
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 8,234,238
<DISTRIBUTIONS-OF-GAINS> 32,980,108
<DISTRIBUTIONS-OTHER> 61,661,247
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 102,800,923
<ACCUMULATED-NII-PRIOR> 0
<ACCUMULATED-GAINS-PRIOR> 0
<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
<GROSS-ADVISORY-FEES> 0
<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
<AVERAGE-NET-ASSETS> 0
<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
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</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000771726
<NAME> Sep Acct FP EVLICO
<SERIES>
<NUMBER> 12
<NAME> Intermed Gov Securities Div
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> 9-MOS
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Sep-30-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 43,750,516
<INVESTMENTS-AT-VALUE> 43,305,378
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</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000771726
<NAME> Sep Acct FP EVLICO
<SERIES>
<NUMBER> 13
<NAME> Growth & Income Division
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> 9-MOS
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Sep-30-1996
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</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000771726
<NAME> Sep Acct FP EVLICO
<SERIES>
<NUMBER> 14
<NAME> Quality Bond Division
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> 9-MOS
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Sep-30-1996
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<INVESTMENTS-AT-COST> 154,236,243
<INVESTMENTS-AT-VALUE> 147,904,622
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<OTHER-ITEMS-ASSETS> 0
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<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000771726
<NAME> Sep Acct FP EVLICO
<SERIES>
<NUMBER> 15
<NAME> Equity Index
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> 9-MOS
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Sep-30-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 97,100,736
<INVESTMENTS-AT-VALUE> 119,477,987
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 196,738
<TOTAL-ASSETS> 119,674,725
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<SENIOR-LONG-TERM-DEBT> 0
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<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
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<SHARES-COMMON-PRIOR> 0
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<OVERDISTRIBUTION-GAINS> 0
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<NET-ASSETS> 119,161,372
<DIVIDEND-INCOME> 1,390,087
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<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000771726
<NAME> Sep Acct FP EVLICO
<SERIES>
<NUMBER> 16
<NAME> International Fund Division
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> 9-MOS
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Sep-30-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 33,337,481
<INVESTMENTS-AT-VALUE> 35,007,334
<RECEIVABLES> 0
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<OTHER-ITEMS-ASSETS> 120,728
<TOTAL-ASSETS> 35,128,062
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<TOTAL-LIABILITIES> 333,641
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
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<ACCUMULATED-NII-CURRENT> 0
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<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 34,794,421
<DIVIDEND-INCOME> 268,735
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<OTHER-INCOME> 0
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</TABLE>
