Registration No. 333-17669
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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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POST-EFFECTIVE AMENDMENT NO. 6 TO
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 Edward D. Miller, President
SOCIETY OF THE UNITED STATES The Equitable Life Assurance Society of
(Exact Name of Trust) the United States
THE EQUITABLE LIFE ASSURANCE 1290 Avenue of the Americas
SOCIETY OF THE UNITED STATES New York, New York 10104
(Exact Name of Depositor) (Name and Address of Agent for Service)
1290 Avenue of the Americas
New York, New York 10104
(Address of Depositor's Principal
Executive Offices)
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Telephone Number, Including Area Code: (212) 554-1234
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Please send copies of all communications to:
ROBIN M. WAGNER
Vice President and Counsel with a copy to:
The Equitable Life Assurance Thomas C. Lauerman, Esq.
Society of the United States Freedman, Levy, Kroll & Simonds
1290 Avenue of the Americas 1050 Connecticut Avenue, N.W., Suite 825
New York, New York 10104 Washington, D.C. 20036
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Securities Being Registered: Units of Interest in Separate Account FP
It is proposed that this filing will become effective (check appropriate line):
__X__ immediately upon filing pursuant to paragraph (b) of Rule 485
_____ on (May 1, 2000) pursuant to paragraph (b) of Rule 485
_____ 60 days after filing pursuant to paragraph (a) of Rule 485
_____ on (date) pursuant to paragraph (a) of Rule 485
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NOTE
This Post Effective Amendment No. 6 ("PEA") to the Form S-6
Registration Statement No. 333-17669 ("Registration Statement") of The Equitable
Life Assurance Society of the United States ("Equitable Life") and its Separate
Account FP is being filed for the purpose of including in this Registration
Statement a prospectus supplement to the Incentive Life prospectus. This
prospectus supplement adds additional investment options to Separate Account FP.
Other than as set forth herein, the PEA does not amend or delete any prospectus,
any supplement thereto, or any other part of the Registration Statement.
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THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES -- SUPPLEMENT DATED
______, 2000, TO PROSPECTUSES FOR:
ACCUMULATOR LIFE INCENTIVE LIFE PLUS(R)
INCENTIVE LIFE SURVIVORSHIP 2000
SURVIVORSHIP INCENTIVE LIFE SPECIAL OFFER POLICY
IL PROTECTOR INCENTIVE LIFE 2000
IL COLI CHAMPION 2000
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This supplement modifies certain information in the above-referenced
prospectuses, as supplemented to date (together, the "Prospectuses"), by adding
information about five new variable investment options. Unless otherwise
indicated, all other information included in the Prospectuses remains unchanged.
The terms and section headings we use in this supplement have the same meaning
as in the Prospectuses.
1. We anticipate making available the variable investment options described
below on or about October 6, 2000, subject to regulatory approval.
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VARIABLE INVESTMENT MANAGEMENT 12B-1 OTHER TOTAL
INVESTMENT ADVISOR (1) FEE FEE EXPENSES(2) ANNUAL
OPTION EXPENSES (3)
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EQ/Large Cap The Equitable 1.00% 0.25% 0.05% 1.30%
Growth Life Assurance
Society of the
United States
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EQ/Fidelity Fidelity 0.70% 0.25% 0.05% 1.00%
Mid Cap Management &
Research
Company
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EQ/AXP New American 0.65% 0.25% 0.05% 0.95%
Dimensions Express
Financial
Corporation
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EQ/AXP American 0.70% 0.25% 0.05% 1.00%
Strategy Express
Aggressive Financial
Corporation
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(1) The investment results you achieve in any one of these variable investment
options will depend on the investment performance of the corresponding
Portfolio of the EQ Advisors Trust that shares the same name as that
option. The advisor shown is the advisor who makes the investment decisions
for the Portfolio.
(2) Initial seed capital will be invested for each of these Portfolios on or
about September 1, 2000; therefore, the Other Expenses shown are estimated.
(3) Equitable Life, EQ Advisors Trust's manager, has entered into an Expense
Limitation Agreement with respect to these Portfolios that will begin on or
about September 1, 2000 and end on August 30, 2001. Under this agreement,
Equitable Life has agreed to waive or limit its fees and assume other
expenses of each of these Portfolios, if necessary, in an amount that
limits each Portfolio's Total Annual Expenses (exclusive of interest,
taxes, brokerage commissions, capitalized expenditures and extraordinary
expenses) to not more than the amounts specified above under Total Annual
Expenses. Each of these Portfolios will commence operations on or about
September 1, 2000 and we have estimated that their actual Total Annual
Expenses will not exceed their respective Expense Limitations.
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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. This representation applies to all policies sold
pursuant to this Registration Statement, including those sold on the terms
specifically described in the prospectuses contained herein, or any variations
therein, based on supplements, data pages or riders to any policies or
prospectuses, or otherwise.
CONTENTS OF REGISTRATION STATEMENT
This Registration Statement comprises the following papers and documents:
The facing sheet.
Reconciliation and Tie, previously filed with this Registration Statement
File No. 333-17669 on December 11, 1996.
The Prospectus of Equitable Variable dated May 1, 1994, previously filed with
this Registration Statement, File No. 333-17669, on April 28, 1998.
The Supplement dated May 1, 2000 consisting of 113 pages, previously filed with
this Registration Statement File No. 333-17669, on April 27, 2000.
The Supplement consisting of 1 page.
Representation regarding reasonableness of aggregate policy fees and charges.
Undertaking to file reports, previously filed with this Registration Statement
File No. 333-17669 on December 11, 1996.
Undertaking pursuant to Rule 484(b)(1) under the Securities Act of 1933,
previously filed with this Registration Statement File No. 333-17669 on
December 11, 1996.
The signatures.
Written Consents of the following persons:
Robin M. Wagner, Vice President and Associate General Counsel of Equitable Life
(see exhibit 2(a)(vi)).
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The following exhibits: Exhibits required by Article IX, paragraph A of Form
N-8B-2:
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1-A(1)(a)(i) Certified resolutions re Authority to Market Variable
Life Insurance and Establish Separate Accounts,
previously filed with this Registration Statement
File No.333-17669 on December 11, 1996.
1-A(2) Inapplicable.
1-A(3)(a) See Exhibit 1-A(8).
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1-A(3)(b) Broker-Dealer and General Agent Sales Agreement,
previously filed with this Registration Statement
File No. 333-17669 on December 11, 1996.
1-A(3)(c) See Exhibit 1-A(8)(i).
1-A(4) Inapplicable.
1-A(5)(a)(i) Flexible Premium Life Insurance Policy (85-300),
previously filed with this Registration Statement
File No. 333-17669 on December 11, 1996.
1-A(5)(a)(ii) Flexible Premium Life Insurance Policy (88-300),
previously filed with this Registration Statement
File No. 333-17669 on December 11, 1996.
1-A(5)(b) Name Change Endorsement (S97-1),
previously filed with this Registration Statement
File No. 333-17669 on December 11, 1996.
1-A(5)(c) Accidental Death Benefit Rider (R85-401),
including state variation, previously filed
with this Registration Statement File No.
333-17669 on December 11, 1996.
1-A(5)(d) Term Insurance Rider (R85-403), including
state variation, previously filed with
this Registration Statement File No.
333-17669 on December 11, 1996.
1-A(5)(e) Children's Term Insurance Rider (R85-404),
including state variations, previously filed
with this Registration Statement File No.
333-17669 on December 11, 1996.
1-A(5)(f) Exchange Privilege Rider (R85-405), including
state variations, previously filed with
this Registration Statement File No.
333-17669 on December 11, 1996.
1-A(5)(g) Limitation on Amount of Insurance Rider (85-406),
previously filed with this Registration Statement
File No. 333-17669 on December 11, 1996.
1-A(5)(h) Disability Rider - Waiver of Monthly Deductions,
including state variations (R85-408), previously
filed with this Registration Statement File No.
333-17669 on December 11, 1996.
1-A(5)(i) Universal Life Exchange Program Riders,
previously filed with this Registration Statement
File No. 333-17669 on December 11, 1996.
1-A(5)(j) Pro Rata Surrender Charge Endorsement (S.87-289),
previously filed with this Registration Statement
File No. 333-17669 on December 11, 1996.
1-A(5)(k) Premium Tax Endorsement (S.88-294), previously filed
with this Registration Statement File No.
333-17669 on December 11, 1996.
1-A(5)(l) Monthly Cost of Insurance Endorsement
(S.88-295, Non-Smoker, Standard Risk),
previously filed with this Registration Statement
File No. 333-17669 on December 11, 1996.
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1-A(5)(m) Asset Allocation Endorsement (S.89-301),
previously filed with this Registration Statement
File No. 333-17669 on December 11, 1996.
1-A(5)(n) Guaranteed Interest Division Transfer Endorsement
(S.89-303) and Guaranteed Interest Division Transfer
Rider (R.89-303) for use with Policy No. 85-300
(Investment Options Rider), previously filed with
this Registration Statement File No. 333-17669 on
December 11, 1996.
1-A(5)(o) Accelerated Death Benefit Rider, previously filed
with this Registration Statement File No. 333-17669
on December 11, 1996.
1-A(5)(p) Free Look Rider, previously filed with this
Registration Statement File No. 333-17669 on
December 11, 1996.
1-A(6)(a) Declaration and Charter of Equitable, as amended
January 1, 1997, previously filed with this
Registration Statement File No. 333-17669 on
April 30, 1997.
1-A(6)(b) By-Laws of Equitable, as amended November 21, 1996,
previously filed with this Registration Statement
File No. 333-17669 on April 30, 1997.
1-A(7) Inapplicable.
1-A(8) Distribution and Servicing Agreement among Equico
Securities, Inc. (now AXA Advisors, LLC), Equitable
and Equitable Variable dated as of May 1,1994,
previously filed with this Registration Statement
File No. 333-17669 on December 11, 1996.
1-A(8)(i) Schedule of Commissions, previously filed with this
Registration Statement File No. 333-17669 on
December 11, 1996.
1-A(9)(a) Agreement and Plan of Merger of Equitable
Variable with and into Equitable dated
September 19, 1996, previously filed with
this Registration Statement File No.
333-17669 on December 11, 1996.
1-A(9)(b) Form of Participation Agreement among EQ Advisors
Trust, Equitable, Equitable Distributors, Inc. and
EQ Financial Consultants, Inc. (now AXA Advisors,
LLC), incorporated by reference to the this
Registration Statement of EQ Advisors Trust on
Form N-1A (File Nos. 333-17217 and 811-07953).
Other Exhibits:
1-A(10)(a) Application EV4-200T, previously filed with this
Registration Statement File No. 333-17669 on
December 11, 1996.
1-A(10)(b) The Universal Life Exchange Program Application,
previously filed with this Registration Statement
File No. 333-17669 on December 11, 1996.
2(a)(i) Opinion and Consent of Mary P. Breen, Vice President
and Associate General Counsel of Equitable,
previously filed with this Registration Statement
File No. 333-17669 on December 11, 1996.
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2(a)(ii) Opinion and Consent of Mary P. Breen, Vice
President and Associate General Counsel of
Equitable, previously filed with this Registration
Statement File No. 333-17669 on April 30, 1997.
2(a)(iii) Opinion and Consent of William Schor, Vice President
and Associate General Counsel of Equitable,
previously filed with this Registration Statement
File No. 333-17669, on April 27, 1999.
2(a)(iv) Opinion and Consent of William Schor, Vice President
and Associate General Counsel of Equitable,
previously filed with this Registration Statement
No. 333-17669 on August 27, 1999.
2(a)(v) Opinion and Consent of Robin M. Wagner, Vice
President and Counsel of Equitable, previously
filed with this Registration Statement No. 333-17669
on April 27, 2000.
2(a)(vi) Opinion and Consent of Robin M. Wagner, Vice
President and Counsel of Equitable.
2(b)(i) Opinion and Consent, dated April 24, 1995, of
Barbara Fraser, F.S.A., M.A.A.A., Vice
President of Equitable, previously filed with
this Registration Statement File No.
333-17669 on December 11, 1996.
2(b)(ii) Opinion and Consent, dated April 26, 1994, of
Barbara Fraser, F.S.A., M.A.A.A., Vice
President of Equitable, previously filed with
this Registration Statement File No.
333-17669 on December 11, 1996.
2(b)(iii) Consent dated December 9, 1996 of Barbara Fraser,
F.S.A., M.A.A.A., Vice President of Equitable,
relating to Exhibits 2(b)(i) and 2(b)(ii),
previously filed with this Registration Statement
File No. 333-17669 on December 11, 1996.
3 Inapplicable.
4 Inapplicable.
6 Consent of Independent Public Accountants, previously
filed with this Registration Statement No. 333-17669
on April 27, 2000.
7(a) Powers of Attorney, previously filed with this
Registration Statement No. 333-17669 on
April 27, 2000.
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, previously filed with this Registration
Statement File No. 333-17669 on December 11, 1996.
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SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the Registrant
certifies that it meets all the requirements for effectiveness of this amendment
to the Registration Statement pursuant to paragraph (b) of Rule 485 under the
Securities Act of 1933 and has duly caused this amendment to the Registration
Statement to be signed on its behalf by the undersigned, thereunto duly
authorized, and its seal to be hereunto affixed and attested, in the City and
State of New York, on the 11th day of May, 2000.
SEPARATE ACCOUNT FP OF THE EQUITABLE
LIFE ASSURANCE SOCIETY OF THE UNITED STATES
(REGISTRANT)
[SEAL] By: THE EQUITABLE LIFE
ASSURANCE SOCIETY OF
THE UNITED STATES,
(DEPOSITOR)
By: /s/ Mildred M. Oliver
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(Mildred M. Oliver)
Vice President
Attest: /s/ Linda Galasso
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(Linda Galasso)
Assistant Secretary
May 11, 2000
II-5
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SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the
Depositor has duly caused this amendment to the Registration Statement to be
signed on its behalf by the undersigned, thereunto duly authorized, in the City
and State of New York, on the 11th day of May, 2000.
THE EQUITABLE LIFE ASSURANCE
SOCIETY OF THE UNITED STATES
(DEPOSITOR)
By: /s/ Mildred M. Oliver
--------------------------------
(Mildred M. Oliver)
Vice President
Pursuant to the requirements of the Securities Act of 1933, this amendment
to the Registration Statement has been signed by the following persons in the
capacities and on the date indicated:
PRINCIPAL EXECUTIVE OFFICERS:
*Edward D. Miller Chairman of the Board and
Chief Executive Officer
*Michael Hegarty President and Chief Operating Officer
PRINCIPAL FINANCIAL OFFICER:
*Stanley B. Tulin Vice Chairman of the Board
and Chief Financial Officer
PRINCIPAL ACCOUNTING OFFICER:
*Alvin H. Fenichel Senior Vice President and Controller
*DIRECTORS:
Francoise Colloc'h Donald J. Greene George T. Lowy
Henri de Castries John T. Hartley Edward D. Miller
Joseph L. Dionne John H.F. Haskell, Jr. Didier Pineau-Valencienne
Denis Duverne Michael Hegarty George J. Sella, Jr.
Jean-Rene Fourtou Mary R. (Nina) Henderson Peter J. Tobin
Norman C. Francis W. Edwin Jarmain Stanley B. Tulin
Dave H. Williams
*By: /s/ Mildred M. Oliver
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(Mildred M. Oliver)
Attorney-in-Fact
May 11, 2000
II-6
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EXHIBIT INDEX
EXHIBIT NO. TAG VALUE
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2(a)(vi) Opinion and Consent of Counsel EX-99.2avi
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ROBIN M. WAGNER
Vice President
and Counsel
(212) 314-3962
Fax: (212) 707-7795
[EQUITABLE -- MEMBER OF THE GLOBAL AXA GROUP LOGO]
May 11, 2000
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, File No. 333-17669 ("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 Incentive
Life (policy form nos. 88-300 and 85-300), individual flexible premium variable
life insurance policies ("Policies") issued by The Equitable Life Assurance
Society of the United States ("Equitable"). 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.
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. The Policies (including any Units duly credited thereunder) have been
duly authorized and 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/ Robin M. Wagner
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Robin M. Wagner
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
1290 AVENUE OF THE AMERICAS, NEW YORK, NEW YORK 10104
