As filed with the Securities and Exchange Commission on
August 30, 1999
Registration No. 333-15585
======================================================
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
---------------
Post-Effective Amendment No. 5
to
Form S-6
---------------
FOR REGISTRATION UNDER THE SECURITIES ACT OF 1933 OF
SECURITIES OF UNIT INVESTMENT TRUSTS REGISTERED ON
FORM N-8B-2
----------------
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
(EXACT NAME OF REGISTRANT)
----------------
AMERITAS VARIABLE LIFE INSURANCE COMPANY
(Depositor)
5900 "O" Street
Lincoln, Nebraska 68510
----------------
DONALD R. STADING
Secretary and General Counsel
Ameritas Variable Life Insurance Company
5900 "O" Street
Lincoln, Nebraska 68510
-----------------
Title of Securities Being Registered: Securities of Unit Investment Trust
Approximate Date of Proposed Public Offering: As soon as practicable after the
effective date.
It is proposed that this filing will become effective:
|_| immediate upon filing pursuant to paragraph b
|X| on November 1, 1999 pursuant to paragraph a of Rule 485
|_| on pursuant to paragraph b of Rule 485
<PAGE>
RECONCILIATION AND TIE BETWEEN ITEMS IN FORM N-8B-2
AND THE PROSPECTUS
ITEM NO. OF
FORM N-8B-2 CAPTION IN PROSPECTUS
----------- -----------------------------------
1 Cover Page
2 Cover Page
3 Not Applicable
4 Ameritas Variable Life Insurance Company; Distribution of
the Policies
5 The Separate Account
6 The Separate Account
7 Not Required
8 Not Required
9 Legal Proceedings
10 Summary; Addition, Deletion or Substitution of Investments;
Policy Benefits; Policy Rights; Payment and Allocation
of Premiums; General Provisions; Voting Rights
11 Summary; The Funds
12 Summary; The Funds
13 Summary; The Funds - Charges and Deductions
14 Summary; Payment and Allocation of Premiums
15 Summary; Payment and Allocation of Premiums
16 Summary; The Funds; Calvert Variable Series, Inc.
Ameritas Portfolios, Variable Insurance Products
Fund, Variable Insurance Products Fund II, Alger
American Fund, MFS Variable Insurance Trust, Morgan
Stanley Dean Witter Universal Funds, Inc.
17 Summary, Policy Rights
18 The Funds; Calvert Variable Series, Inc. Ameritas
Portfolios, Variable Insurance Products Fund,
Variable Insurance Products Fund II, Alger American
Fund, MFS Variable Insurance Trust, Morgan Stanley
Dean Witter Universal Funds, Inc.
19 General Provisions; Voting Rights
20 Not Applicable
21 Summary; Policy Rights; General Provisions
22 Not Applicable
23 Safekeeping of the Separate Account's Assets
24 General Provisions
25 Ameritas Variable Life Insurance Company
26 Not Applicable
27 Ameritas Variable Life Insurance Company
28 Executive Officers and Directors of AVLIC; Ameritas
Variable Life Insurance Company
29 Ameritas Variable Life Insurance Company
30 Not Applicable
31 Not Applicable
32 Not Applicable
33 Not Applicable
34 Not Applicable
35 Not Applicable
36 Not Required
37 Not Applicable
38 Distribution of the Policies
39 Distribution of the Policies
40 Distribution of the Policies
41 Distribution of the Policies
42 Not Applicable
43 Not Applicable
44 Accumulation Value, Payment and Allocation of Premiums
45 Not Applicable
46 The Funds; Accumulation Value
47 The Funds
48 State Regulation
49 Not Applicable
<PAGE>
ITEM NO. OF
FORM N-8B-2 CAPTION IN PROSPECTUS
-------------- -----------------------------
50 The Separate Account
51 Cover Page; Summary; Policy Benefits; Payment and
Allocation of Premiums; Charges and Deductions
52 Addition, Deletion or Substitution of Investments
53 Summary; Federal Tax Matters
54 Not Applicable
55 Not Applicable
56 Not Required
57 Not Required
58 Not Required
59 Financial Statements
<PAGE>
AMERITAS VARAIBLE LIFE INSURANCE COMPANY LOGO
PROSPECTUS 5900 "O" Street
P.O. Box 82550/Lincoln, NE 68501
ENCORE!--A Flexible Premium Variable Universal Life Insurance Policy
issued by Ameritas Variable Life Insurance Company
ENCORE! is a flexible premium variable universal life insurance Policy
("Policy") issued by Ameritas Variable Life Insurance Company ("AVLIC"). Like
traditional life insurance policies, an ENCORE! Policy provides Death Benefits
to Beneficiaries and gives you, the Policy Owner, the opportunity to increase
the Policy's value. Unlike traditional policies, ENCORE! lets you vary the
frequency and amount of premium payments, rather than follow a fixed premium
payment schedule. It also lets you change the level of Death Benefits as often
as once each year.
An ENCORE! Policy is different from traditional life insurance policies in
another important way: you select how Policy premiums will be invested. Although
each Policy Owner is guaranteed a minimum Death Benefit, the value of the
Policy, as well as the actual Death Benefit, will vary with the performance of
investments you select.
The Investment Options available through ENCORE! include investment portfolios
managed by Ameritas Investment Corp., Fidelity Management & Research Company,
Fred Alger Management, Inc., Massachusetts Financial Services Company, and
Morgan Stanley Dean Witter Investment Management Inc. Each of these portfolios
has its own investment objective and policies. These are described in the
prospectuses for each investment portfolio which must accompany this ENCORE!
prospectus. You may also choose to allocate premium payments to the Fixed
Account managed by AVLIC.
An ENCORE! Policy will be issued after AVLIC accepts a prospective Policy
Owner's application. Generally, an application must specify a minimum Death
Benefit of $500,000 ($250,000 if the Insured is 50 or older). ENCORE! Policies
are available to individuals between the ages of 20 and 80 at the time of
purchase. An ENCORE! Policy, once purchased, may generally be canceled within 10
days after you receive it.
This ENCORE! prospectus is designed to assist you in understanding the
opportunity and risks associated with the purchase of an ENCORE! Policy.
Prospective Policy Owners are urged to read the prospectus carefully and retain
it for future reference.
This prospectus includes a summary of the most important features of the ENCORE!
Policy, information about AVLIC, a list of the investment portfolios to which
you may allocate premium payments, as well as a detailed description of the
ENCORE! Policy. The appendix to the prospectus includes tables designed to
illustrate how values and Death Benefits may change with the investment
experience of the Investment Options.
This prospectus must be accompanied by a prospectus for each of the investment
portfolios available through ENCORE!
Although the ENCORE! Policy is designed to provide life insurance, an ENCORE!
Policy is considered to be a security. It is not a deposit with, an obligation
of, or guaranteed or endorsed by any banking institution, nor is it insured by
the Federal Deposit Insurance Corporation, the Federal Reserve Board, or any
other agency. The purchase of an ENCORE! Policy involves investment risk,
including the possible loss of principal. For this reason, ENCORE! may not be
suitable for all individuals. It may not be advantageous to purchase an ENCORE!
Policy as a replacement for another type of life insurance or as a way to obtain
additional insurance protection if the purchaser already owns another flexible
premium variable universal life insurance policy.
The Securities and Exchange Commission ("SEC") maintains a web site
(http://www.sec.gov) that contains other information regarding registrants that
file electronically with the Securities and Exchange Commission.
NEITHER THE SECURITIES AND EXCHANGE COMMISSION NOR ANY STATE SECURITIES
REGULATORY AUTHORITY HAS APPROVED THESE SECURITIES, OR DETERMINED THAT THIS
PROSPECTUS IS ACCURATE OR COMPLETE. ANY REPRESENTATION TO THE CONTRARY IS A
CRIMINAL OFFENSE.
November 1, 1999
ENCORE!
1
<PAGE>
TABLE OF CONTENTS
PAGE
DEFINITIONS.............................................................. 3
SUMMARY.................................................................. 6
YEAR 2000................................................................ 10
AVLIC, THE SEPARATE ACCOUNT AND THE FUNDS................................ 10
Ameritas Variable Life Insurance Company......................... 10
The Separate Account............................................. 11
Performance Information.......................................... 11
The Funds........................................................ 11
Investment Objectives and Policies of the Funds' Portfolios...... 13
Addition, Deletion or Substitution of Investments................ 17
Fixed Account.................................................... 17
POLICY BENEFITS.......................................................... 18
Purposes of the Policy........................................... 18
Death Benefit Proceeds........................................... 18
Death Benefit Options............................................ 18
Methods of Affecting Insurance Protection........................ 20
Duration of Policy............................................... 20
Accumulation Value............................................... 20
Net Cash Surrender Value Bonus................................... 21
Benefits at Maturity............................................. 21
Payment of Policy Benefits....................................... 22
POLICY RIGHTS............................................................ 22
Loan Benefits.................................................... 22
Surrenders....................................................... 23
Partial Withdrawals.............................................. 23
Transfers........................................................ 24
Systematic Programs.............................................. 24
Free Look Privilege.............................................. 25
Exchange Privilege............................................... 25
PAYMENT AND ALLOCATION OF PREMIUMS....................................... 25
Issuance of a Policy............................................. 25
Premiums......................................................... 26
Allocation of Premiums and Accumulation Value.................... 26
Policy Lapse and Reinstatement................................... 27
CHARGES AND DEDUCTIONS................................................... 27
Deductions From Premium Payments (Percent of Premium Charge)..... 27
Charges from Accumulation Value.................................. 28
Surrender Charge................................................. 28
Daily Charges Against the Separate Account....................... 29
Fund Expense Summary............................................. 30
GENERAL PROVISIONS....................................................... 33
DISTRIBUTION OF THE POLICIES............................................. 35
FEDERAL TAX MATTERS...................................................... 35
SAFEKEEPING OF THE SEPARATE ACCOUNT'S ASSETS............................. 37
THIRD PARTY SERVICES..................................................... 37
VOTING RIGHTS............................................................ 38
STATE REGULATION OF AVLIC................................................ 38
EXECUTIVE OFFICERS AND DIRECTORS OF AVLIC................................ 38
LEGAL MATTERS............................................................ 40
LEGAL PROCEEDINGS........................................................ 40
EXPERTS.................................................................. 40
ADDITIONAL INFORMATION................................................... 40
FINANCIAL STATEMENTS..................................................... 40
AMERITAS VARIABLE LIFE INSURANCE COMPANY SEPARATE ACCOUNT V.............. F-I-1
AMERITAS VARIABLE LIFE INSURANCE COMPANY................................. F-II-1
APPENDICES............................................................... A-1
The Policy, certain Funds, and/or certain riders are
not available inall states.
THIS PROSPECTUS DOES NOT CONSTITUTE AN OFFERING IN ANY JURISDICTION IN WHICH
SUCH OFFERING MAY NOT BE LAWFULLY MADE. NO DEALER, SALESPERSON, OR OTHER PERSON
IS AUTHORIZED TO GIVE ANY INFORMATION OR MAKE ANY REPRESENTATIONS IN CONNECTION
WITH THIS OFFERING OTHER THAN THOSE CONTAINED IN THIS PROSPECTUS, AND, IF GIVEN
OR MADE, SUCH OTHER INFORMATION OR REPRESENTATIONS MUST NOT BE RELIED UPON.
ENCORE!
2
<PAGE>
DEFINITIONS
ACCRUED EXPENSE CHARGES - Any Monthly Deductions that are due and unpaid.
ACCUMULATION VALUE - The total amount that the Policy provides for investment at
any time. It is equal to the total of the Accumulation Value held in Separate
Account V, the Fixed Account, and any Accumulation Value held in the General
Account which secures Outstanding Policy Debt.
ADMINISTRATIVE EXPENSE CHARGE - A charge, which is part of the Monthly
Deduction, to cover the cost of administering the Policy.
ASSET-BASED ADMINISTRATIVE EXPENSE CHARGE - A daily charge that is deducted from
the overall assets of Separate Account V to provide for expenses of ongoing
administrative services to the Policy Owners as a group.
ATTAINED AGE - The Issue Age of the Insured plus the number of complete Policy
Years that the Policy has been in force.
AVLIC ("we, us, our") - Ameritas Variable Life Insurance Company, a Nebraska
stock company. AVLIC's Home Office is located at 5900 "O" Street, P.O. Box
82550, Lincoln, NE 68501.
BENEFICIARY - The person or persons to whom the Death Benefit Proceeds are
payable upon the death of the Insured. (See the sections on Beneficiary and
Change of Beneficiary.)
CONTINGENT DEFERRED ADMINISTRATIVE CHARGE - An administrative charge for the
underwriting, issuance and initial administration of the Policy that is deducted
upon Surrender of the Policy. This charge is part of the Surrender Charge.
CONTINGENT DEFERRED SALES CHARGE - A sales charge, calculated based on a
percentage of premiums received, is deducted upon Surrender of the Policy. This
charge is part of the Surrender Charge.
COST OF INSURANCE - A charge deducted monthly from the Accumulation Value to
provide the life insurance protection. The Cost of Insurance is calculated with
reference to an annual "Cost of Insurance Rate." This rate is based on the
Insured's sex, Issue Age, Policy duration, Specified Amount, and risk class. The
Cost of Insurance is part of the Monthly Deduction.
DEATH BENEFIT - The amount of insurance coverage provided under the selected
Death Benefit option of the Policy.
DEATH BENEFIT PROCEEDS - The proceeds payable to the Beneficiary upon receipt by
AVLIC of Satisfactory Proof of Death of the Insured while the Policy is in
force. It is equal to: (l) the Death Benefit; (2) plus additional life insurance
proceeds provided by any riders; (3) minus any Outstanding Policy Debt; (4)
minus any Accrued Expense Charges, including the Monthly Deduction for the month
of death.
FIXED ACCOUNT - An account that is a part of AVLIC's General Account to which
all or a portion of Net Premiums and transfers may be allocated for accumulation
at fixed rates of interest.
GENERAL ACCOUNT - The General Account of AVLIC includes all of AVLIC's assets
except those assets segregated into separate accounts such as Separate Account
V.
GRACE PERIOD - A 61 day period from the date written notice of lapse is mailed
to the Policy Owner's last known address. If the Policy Owner makes a payment
during the Grace Period such that the Net Cash Surrender Value of the Policy is
sufficient to pay the Monthly Deduction, the Policy will not lapse.
GUARANTEED DEATH BENEFIT (IN MARYLAND, "GUARANTEED DEATH BENEFIT TO PREVENT
LAPSE") PERIOD - The number of years the "Guaranteed Death Benefit" provision
will apply. The period will vary based upon the Insured's Issue Age and rating
class. The period ranges from 3 to 25 years, and may be restricted as a result
of state law. In Massachusetts, state policy restricts the period to no greater
than five years. This benefit is provided without an additional Policy charge.
GUARANTEED DEATH BENEFIT PREMIUM - A specified premium which, if paid in advance
on a monthly prorated basis, will keep the Policy in force during the Guaranteed
Death Benefit Period so long as other Policy provisions are met, even if the Net
Cash Surrender Value is zero or less.
INSURED - The person whose life is insured under the Policy.
INVESTMENT OPTIONS - Refers to the Subaccounts and/or the Fixed Account offered
under this Policy.
ISSUE AGE - The age of the Insured at the Insured's birthday nearest the Policy
Date.
ENCORE!
3
<PAGE>
ISSUE DATE - The date that all financial, contractual and administrative
requirements have been met and processed for the Policy.
MATURITY BENEFIT - The amount payable to the Policy Owner, if the Insured is
living, on the Maturity Date. The Maturity Benefit is the Accumulation Value
less any Outstanding Policy Debt.
MATURITY DATE - The date AVLIC pays any Maturity Benefit to the Policy Owner, if
the Insured is still living.
MONTHLY ACTIVITY DATE - The same date in each succeeding month as the Policy
Date except should such Monthly Activity Date fall on a date other than a
Valuation Date, the Monthly Activity Date will be the next Valuation Date.
MONTHLY DEDUCTION - The deductions taken from the Accumulation Value on the
Monthly Activity Date. These deductions are equal to: (1) the current Cost of
Insurance; (2) the Administrative Expense Charge; and (3) rider charges, if any.
MORTALITY AND EXPENSE RISK CHARGE - A daily charge that is deducted from the
overall assets of Separate Account V to provide for the risk that mortality and
expense costs may be greater than expected.
NET CASH SURRENDER VALUE - The Accumulation Value of the Policy on any Valuation
Date (including for this purpose, the date of Surrender), less any Surrender
Charges and any Outstanding Policy Debt.
NET POLICY FUNDING - Net Policy Funding is the sum of all premiums paid, less
any partial withdrawals and less any Outstanding Policy Debt.
NET PREMIUM - Premium paid less the Percent of Premium Charge.
OUTSTANDING POLICY DEBT - The sum of all unpaid Policy loans and accrued
interest on Policy loans.
PERCENT OF PREMIUM CHARGE - The amount deducted from each premium received to
cover certain expenses, expressed as a percentage of the premium. This charge
may include a Premium Charge for Taxes. (See the section on Deductions From
Premium Payment.) PLANNED PERIODIC PREMIUMS - A selected schedule of equal
premiums payable at fixed intervals. The Policy Owner is not required to follow
this schedule, nor does following this schedule ensure that the Policy will
remain in force unless the payments meet the requirements of the Guaranteed
Death Benefit.
POLICY - The flexible premium variable universal life insurance Policy offered
by AVLIC and described in this prospectus.
POLICY ANNIVERSARY DATE - The same day as the Policy Date for each year the
Policy remains in force.
POLICY DATE - The effective date for all coverage provided in the application.
The Policy Date is used to determine Policy Anniversary Dates, Policy Years and
Monthly Activity Dates. Policy Anniversaries are measured from the Policy Date.
The Policy Date and the Issue Date will be the same unless: (1) an earlier
Policy Date is specifically requested, or (2) unless there are additional
premiums or application amendments at time of delivery. (See the section on
Issuance of a Policy.)
POLICY OWNER - ("you, your") The owner of the Policy, as designated in the
application or as subsequently changed. If a Policy has been absolutely
assigned, the assignee is the Policy Owner. A collateral assignee is not the
Policy Owner.
POLICY YEAR - The period from one Policy Anniversary Date until the next Policy
Anniversary Date. A "Policy Month" is measured from the same date in each
succeeding month as the Policy Date.
PREMIUM CHARGE FOR TAXES - This charge, which is part of the Percent of Premium
Charge, represents the amount AVLIC considers necessary to pay all premium taxes
imposed by the states and their subdivisions and to defray the tax cost due to
capitalizing certain Policy acquisition expenses as required under applicable
Federal tax laws. AVLIC does not expect to derive a profit from the Premium
Charge for Taxes.
SATISFACTORY PROOF OF DEATH - Means all of the following must be submitted: (1)
A certified copy of the death certificate; (2) A Claimant Statement; (3) The
Policy; and (4) Any other information that AVLIC may reasonably require to
establish the validity of the claim.
SEPARATE ACCOUNT V - This term refers to Separate Account V, a separate
investment account established by AVLIC to receive and invest the Net Premiums
paid under the Policy and allocated by the Policy Owner to Separate Account V.
Separate Account V is segregated from the General Account and all other assets
of AVLIC.
SPECIFIED AMOUNT - The minimum Death Benefit under the Policy, as selected by
the Policy Owner.
SUBACCOUNT - A subdivision of Separate Account V. Each Subaccount invests
exclusively in the shares of a specified portfolio of the Funds.
SURRENDER - The termination of the Policy before the Maturity Date during the
Insured's life for the Net Cash Surrender Value.
ENCORE!
4
<PAGE>
SURRENDER CHARGE - This charge is assessed against the Accumulation Value of the
Policy if the Policy is Surrendered on or before the 14th Policy Anniversary
Date or, in the case of an increase in the Specified Amount, on or before the
14th anniversary of the increase. The Surrender Charge is comprised of the
Contingent Deferred Administrative Charge and the Contingent Deferred Sales
Charge.
VALUATION DATE - Any day on which the New York Stock Exchange is open for
trading.
VALUATION PERIOD - The period between two successive Valuation Dates, commencing
at the close of the New York Stock Exchange ("NYSE") on one Valuation Date and
ending at the close of the NYSE on the next succeeding Valuation Date.
ENCORE!
5
<PAGE>
SUMMARY
The following summary of prospectus information and diagram of the Policy should
be read along with the detailed information found elsewhere in this prospectus.
Unless stated otherwise, this prospectus assumes that the Policy is in force and
that there is no Outstanding Policy Debt.
DIAGRAM OF POLICY
PREMIUM PAYMENTS
You can vary amount and frequency.
DEDUCTIONS FROM PREMIUMS
Premium Charge for Taxes--currently 3.5% (maximum 5.0%)
NET PREMIUM
The Net Premium may be invested in the Fixed Account or in Separate Account V
which offers 27 different Subaccounts. The Subaccounts invest in the
corresponding portfolios of Calvert Variable Series, Inc. Ameritas Portfolios,
Variable Insurance Products Fund, Variable Insurance Products Fund II, The Alger
American Fund, MFS Variable Insurance Trust, or Morgan Stanley Dean Witter
Universal Funds, Inc. ("Funds").
DEDUCTIONS FROM ASSETS
Monthly charge for Cost of Insurance and cost of any riders.
Monthly charge for administrative expenses currently $5.00 per month (maximum
charge $9.00/mo).
Daily charge from the Subaccounts for mortality and expense risks and
administrative expenses, at an annual rate of 0.70% for Policy Years 1-20, and
0.45% thereafter (the maximum charge for all years is 1.15%). This charge is not
deducted from Fixed Account assets.
Fund expense charges, which ranged from .28% to 1.95% at the most recent fiscal
year end, are also deducted.
LIVING BENEFITS
You may make partial withdrawals, subject to certain restrictions. The Death
Benefit will be reduced by the amount of the partial withdrawal. Each year you
may make up to 15 free transfers between the Investment Options. If you have
amounts in the Calvert Variable Series, Inc. Ameritas Portfolios ("Ameritas
Portfolios") as a result of the substitution which occurred at the close of
business on October 29, 1999, the following procedure applies until December 1,
1999: you may transfer amounts out of the Ameritas Portfolios to any other
Subaccount available under the Policy without any administrative charge and
without the transfer counting as one of your "free transfers." Accelerated
payment of up to 50% of the lowest scheduled Death Benefit is available under
certain conditions to Insureds suffering from terminal illness. You may
surrender the Policy at any time for its Net Cash Surrender Value. AVLIC incurs
expenses immediately upon the issuance of the Policy that are recovered over a
period of years. Therefore, a Policy Surrender prior to on or before the 14th
anniversary date will be assessed a Surrender Charge consisting of the
Contingent Deferred Sales Charge and the Contingent Deferred Administrative
Charge. The charge decreases each year until no Surrender Charge is applied
after the 14th Policy Year. Increases in coverage after issue will also have a
Surrender Charge associated with them. (See pages 23 and 30).
RETIREMENT INCOME BENEFITS
You may take loans at a net zero interest rate after ten years. Should the
Policy lapse while loans are outstanding, the portion of the loan attributable
to earnings will become taxable distributions. (See page 23).
You may Surrender the Policy or make a partial withdrawal and take values as
payments under one or more of five different payment options.
DEATH BENEFITS
Generally, Death Benefit Income is tax free to the Beneficiary. The Beneficiary
may be paid a lump sum or may select any of the five payment methods available
as retirement benefits.
ENCORE!
6
<PAGE>
SUMMARY
The following summary is intended to highlight the most important features of an
ENCORE! Policy that you, as a prospective Policy Owner, should consider. You
will find more detailed information in the main portion of the prospectus;
cross-references are provided for your convenience. Capitalized terms are
defined in the Definitions section that begins on page 3 of this prospectus.
This summary and all other parts of this prospectus are qualified in their
entirety by the terms of the ENCORE! Policy, which is available upon request
from AVLIC.
WHO IS THE ISSUER OF AN ENCORE! POLICY?
AVLIC is the issuer of each ENCORE! Policy. AVLIC enjoys a rating of A
(Excellent) for financial strength and operating performance from A.M. Best
Company, a firm that analyzes insurance carriers. This is the third highest of
Best's 15 categories. AVLIC is rated AA (Very Strong) for financial insurance
strength from Standard & Poor's. This is the third highest of Standard & Poor's
21 ratings. A stock life insurance company organized in Nebraska, AVLIC is a
wholly owned subsidiary of AMAL Corporation which is, in turn, owned by Ameritas
Life Insurance Corp. ("Ameritas Life") and AmerUs Life Insurance Company
("AmerUs Life"). Ameritas Life , AmerUs Life and AMAL Corporation guarantee the
obligations of AVLIC, including the obligations of AVLIC under each ENCORE!
Policy; taken together, these companies have aggregate assets of over $14.5
billion as of December 31, 1998. (See the section on Ameritas Variable Life
Insurance Company.)
WHY SHOULD I CONSIDER PURCHASING AN ENCORE! POLICY?
The primary purpose of an ENCORE! Policy is to provide life insurance protection
on the Insured named in the Policy. This means that, so long as the Policy is in
force, it will provide for:
o payment of a Death Benefit, which will never be less than the Specified
Amount the Policy Owner selects (See the section on Death Benefit Options.)
o Policy loan, Surrender and withdrawal features (See the section on Policy
Rights.)
o the payment of Maturity Benefits to the Policy Owners, if living, on the
Maturity Date. (See the section on Benefits of Maturity.)
An ENCORE! Policy also includes an investment component. This means that, so
long as the Policy is in force, you will be responsible for selecting the manner
in which Net Premiums will be invested. Thus, the value of an ENCORE! Policy
will reflect your investment choices over the life of the Policy.
HOW DOES THE INVESTMENT COMPONENT OF MY ENCORE! POLICY WORK?
AVLIC has established Separate Account V, which is separate from all other
assets of AVLIC, as a vehicle to receive and invest premiums received from
ENCORE! Policy Owners and owners of certain other variable universal life
products offered by AVLIC. Separate Account V is divided into separate
Subaccounts. Each Subaccount invests exclusively in shares of one of the
investment portfolios available through ENCORE! Each Policy Owner may allocate
Net Premiums to one or more Subaccounts, or to AVLIC's Fixed Account in the
initial application. These allocations may be changed, without charge, by
notifying AVLIC's Home Office. The aggregate value of your interests in the
Subaccounts and the Fixed Account will represent the Accumulation Value of your
ENCORE! Policy. (See the section on Accumulation Value.)
WHAT INVESTMENT OPTIONS ARE AVAILABLE THROUGH THE ENCORE! POLICY?
The Investment Options available through ENCORE! include 27 investment
portfolios, each of which is a separate series of a mutual fund managed by
Ameritas Investment Corp., Fidelity Management & Research Company, Fred Alger
Management, Inc., Massachusetts Financial Services Company, or Morgan Stanley
Dean Witter Investment Management Inc. These portfolios are:
O AMERITAS INVESTMENT CORP.:
Ameritas Money Market
Ameritas Index 500
Ameritas Growth
Ameritas Income & Growth
Ameritas Small Capitalization
Ameritas MidCap Growth
Ameritas Emerging Growth
Ameritas Research
Ameritas Growth With Income
ENCORE!
7
<PAGE>
O FIDELITY MANAGEMENT & RESEARCH COMPANY:
VIP Equity-Income
VIP Growth
VIP High Income
VIP Overseas
VIP II Asset Manager
VIP II Investment Grade Bond
VIP II Asset Manager: Growth
VIP II Index 500
VIP II Contrafund
O FRED ALGER MANAGEMENT, INC.:
Balanced
Leveraged AllCap
O MASSACHUSETTS FINANCIAL SERVICES COMPANY:
Utilities
Global Governments
New Discovery
O MORGAN STANLEY DEAN WITTER INVESTMENT MANAGEMENT INC.:
Emerging Markets Equity
Global Equity
International Magnum
Asian Equity
U.S. Real Estate
Details about the investment objectives and policies of each of the available
investment portfolios and management fees and expenses appear in the sections on
Investment Objectives and Policies of the Funds' Portfolios and Fund Expense
Summary. In addition to the listed portfolios you may also elect to allocate Net
Premiums to AVLIC's Fixed Account. (See the section on Fixed Account.).
HOW DOES THE LIFE INSURANCE COMPONENT OF AN ENCORE! POLICY WORK?
An ENCORE! Policy provides for the payment of a minimum Death Benefit upon the
death of the Insured. The amount of the minimum Death Benefit--sometimes
referred to as the Specified Amount of your ENCORE! Policy--is chosen by you at
the time your ENCORE! Policy is established. However, Death Benefit
Proceeds--the actual amount that will be paid after AVLIC receives Satisfactory
Proof of Death of the Insured--will vary over the life of your ENCORE! Policy,
depending on which of the two available coverage options you select.
If you choose Option A, Death Benefit Proceeds payable under your ENCORE! Policy
will be the Specified Amount of your ENCORE! Policy OR the applicable percentage
of its Accumulation Value, whichever is greater. If you choose Option B, Death
Benefit Proceeds payable under your ENCORE! Policy will be the Specified Amount
of your ENCORE! Policy PLUS the Accumulation Value of your ENCORE! Policy, or if
it is higher, the applicable percentage of the Accumulation Value on the date of
death. In either case, the applicable percentage is established based on the age
of the Insured at the date of death.
(See the section on Death Benefit Options.)
If the Extended Maturity Option is in effect, the Death Benefit will be the
Accumulation Value.
ARE THERE ANY RISKS INVOLVED IN OWNING AN ENCORE POLICY?
Yes. Over the life of your ENCORE! Policy, the Subaccounts to which you allocate
your premiums will fluctuate with changes in the stock market and overall
economic factors. These fluctuations will be reflected in the Accumulation Value
of your ENCORE! Policy and may result in loss of principal. For this reason, the
purchase of an ENCORE! Policy may not be suitable for all individuals. It may
not be advantageous to purchase an Encore! Policy to replace or augment your
existing insurance arrangements. Appendix A includes tables illustrating the
impact that hypothetical market returns would have on Accumulation Values under
an ENCORE! Policy.
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WHAT IS THE PREMIUM THAT MUST BE PAID TO KEEP AN ENCORE! POLICY IN FORCE?
Like traditional life insurance policies, an ENCORE! Policy requires the payment
of periodic premiums in order to keep the Policy in force. You will be asked to
establish a payment schedule before your ENCORE! Policy becomes effective.
The distinction between traditional life policies and an ENCORE! Policy is that
an ENCORE! Policy will not lapse simply because premium payments are not made
according to that payment schedule. However, an ENCORE! Policy will lapse, even
if scheduled premium payments are made, if the Net Cash Surrender Value of your
ENCORE! Policy falls below zero or premiums paid do not, in the aggregate, equal
the premium necessary to satisfy the Guaranteed Death Benefit. (See the section
on Premiums.)
HOW ARE PREMIUMS PAID, PROCESSED AND CREDITED TO ME?
Your ENCORE! Policy will be issued after a completed application is accepted,
and the initial premium payment is received, by AVLIC at its Home Office.
AVLIC's Home Office is located at 5900 "O" Street, P.O. Box 82550, Lincoln, NE
68501. Your initial premium will be allocated to the Money Market Subaccount for
13 days following the Issue Date, and then will be allocated to the Subaccounts
and/or the Fixed Account, according to selections you made in your application.
You have the right to examine your ENCORE! Policy and return it for a refund for
a limited time, even after the Issue Date. (See the section on Issuance of a
Policy.)
You may make subsequent premium payments according to your Planned Periodic
Premium schedule; although you are not required to do so. AVLIC will send
premium payment notices to you according to any schedule you select. When AVLIC
receives your premium payment at its Home Office, we will deduct any applicable
Percent of Premium Charges and allocate the Net Premium to the Subaccounts
and/or the Fixed Account according to your selections. (See the sections on
Premiums and Allocations of Premiums and Accumulation Value.)
As already noted, ENCORE! provides you considerable flexibility in determining
the frequency and amount of premium payments. This flexibility is not, however,
unlimited. You should keep certain factors in mind in determining the payment
schedule that is best suited to your needs. These include the amount of the
Guaranteed Death Benefit Premium and/or Net Policy Funding requirement needed to
keep your ENCORE! Policy in force; maximum premium limitations established under
the federal tax laws; and the impact that reduced premium payments may have on
the Net Cash Surrender Value of your ENCORE! Policy. (See the section on
Premiums.)
IS THE ACCUMULATION VALUE OF MY ENCORE! POLICY AVAILABLE BEFORE THE MATURITY
DATE WITHOUT SURRENDER? Yes. You may access the value of your ENCORE! Policy in
one of two ways. First, you may obtain a loan, secured by the Accumulation Value
of your ENCORE! Policy following its first Policy Anniversary. The maximum
interest rate on any such loan is 6% annually; the current rate is 5.5%
annually. After the tenth Policy Anniversary, you may borrow against a limited
amount of the Net Cash Surrender Value of your ENCORE! Policy at a maximum
annual interest rate of 4%; the current rate for such loans is 3.5% annually.
(See the section on Loan Benefits.)
You may also access the value of your ENCORE! Policy by making a partial
withdrawal. A partial withdrawal is not subject to Surrender Charges, but is
subject to a maximum charge not to exceed the lesser of $50 or 2% of the amount
withdrawn (currently, the partial withdrawal charge is the lesser of $25 or 2%).
(See the section on Partial Withdrawals.)
ARE THERE ANY OTHER CHARGES ASSOCIATED WITH OWNERSHIP OF AN ENCORE! POLICY?
Certain states impose premium and other taxes in connection with insurance
policies such as ENCORE! AVLIC may deduct up to 5% of each premium as a Premium
Charge for Taxes. Currently, 3.5% is deducted for this purpose.
Charges are deducted against the Accumulation Value to cover the Cost of
Insurance under the Policy and to compensate AVLIC for administering each
individual ENCORE! Policy. These charges, which are part of the Monthly
Deduction, are calculated and paid on each Monthly Activity Date. The Cost of
Insurance is calculated based on risk factors relating to the Insured as
reflected in relevant actuarial tables. The Monthly Deduction also includes a
flat Administrative Expense Charge. This charge, currently fixed at $5 per
Policy per month, may be increased during the life of your ENCORE! Policy, up to
a guaranteed $9 maximum. (See the section on Charges from Accumulation Value.)
For its services in administering Separate Account V and Subaccounts and as
compensation for bearing certain mortality and expense risks, AVLIC is also
entitled to receive fees. These fees are calculated daily during the first 20
years of each ENCORE! Policy, at a combined current annual rate of .70% of the
value of the net assets of Separate Account V. After the 20th Policy Anniversary
Date, the combined current annual rate is expected to decrease to .45% of the
daily net assets of Separate Account V. No Mortality and Expense Risk Charge
will be deducted from the amounts in the Fixed Account. (See the section on
Daily Charges Against the Separate Account.)
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Finally, because AVLIC incurs expenses immediately upon the issuance of an
ENCORE! Policy that are recovered over a period of years, an ENCORE! Policy that
is Surrendered on or before its 14th Policy Anniversary Date is subject to a
Surrender Charge. The maximum Surrender Charge is $40 per $1000 of Specified
Amount; additional Surrender Charges may apply if you increase the Specified
Amount of your ENCORE! Policy. Because the Surrender Charge may be significant
upon early Surrender, you should purchase an ENCORE! Policy only if you intend
to maintain your ENCORE! Policy for a substantial period. (See the section on
Surrender Charge.)
Policy Owners who choose to allocate Net Premiums to one or more of the
Subaccounts will also bear a pro rata share of the management fees and expenses
paid by each of the investment portfolios in which the various Subaccounts
invest. No such management fees are assessed against Net Premiums allocated to
the Fixed Account. (See the section on Fund Expense Summary.)
WHEN DOES MY ENCORE! POLICY TERMINATE?
You may terminate your ENCORE! Policy by Surrendering the Policy during the
lifetime of the Insured for its Net Cash Surrender Value. As noted above, your
ENCORE! Policy will terminate if you fail to pay required premiums or maintain
sufficient Net Cash Surrender Value to cover Policy charges. (See the sections
on Surrenders and Premiums.)
Finally, your ENCORE! Policy will terminate on its Maturity Date if the named
Insured is living on that date unless you have elected the Extended Maturity
Option. The Maturity Date is the Policy Anniversary nearest to the Insured's
100th birthday. On the Maturity Date, AVLIC will pay to you, the Policy Owner,
an amount--referred to as the Maturity Benefit--equal to the Accumulation Value
of your ENCORE! Policy, less any Outstanding Policy Debt. (See the section on
Benefits at Maturity.)
YEAR 2000
Like other insurance companies and their separate accounts, AVLIC and Separate
Account V could be adversely affected if the computer systems they rely upon do
not properly process date-related information and data involving the years 2000
and after. This issue arose because both mainframe and PC-based computer
hardware and software have traditionally used two digits to identify the year.
For example, the year 1998 is input, stored and calculated as "98." Similarly,
the year 2000 would be input, stored and calculated as "00." If computers assume
this means 1900, it could cause errors in calculations, comparisons, and other
computing functions.
Like all insurance companies, AVLIC makes extensive use of dates and date
calculations. We began a corporate-wide Year 2000 (Y2K) project in mid-1996. Our
goal is to ensure that our computer systems continue to operate smoothly with no
service disruptions before, during or after the year 2000.
As of December 31, 1998, all of our computer application and operating systems
had been updated for the year 2000. Continuous testing and monitoring throughout
1999 will help AVLIC continue to meet our contractual and service obligations to
our customers. In addition to our internal efforts, AVLIC is working closely
with vendors and other business partners to confirm that they too are addressing
Y2K issues on a timely basis. We believe that we are Y2K - compliant; however,
in the event we or our service providers, vendors, financial institutions or
others with which we conduct business, fail to be Y2K - compliant, there would
be a materially adverse effect on us. Certain vendors and/or business partners,
due to their exposure to foreign markets, may face additional Y2K issues. Please
see the Funds' prospectuses for information on the Funds' preparedness for Y2K.
AVLIC, THE SEPARATE ACCOUNT AND THE FUNDS
AMERITAS VARIABLE LIFE INSURANCE COMPANY
Ameritas Variable Life Insurance Company ("AVLIC") is a stock life insurance
company organized in the State of Nebraska. AVLIC was incorporated on June 22,
1983 and commenced business December 29, 1983. AVLIC is currently licensed to
sell life insurance in 46 states, and the District of Columbia. AVLIC's
financial statements may be found at page F-II-1.
AVLIC is a wholly owned subsidiary of AMAL Corporation, a Nebraska stock
company. AMAL Corporation is a joint venture of Ameritas Life Insurance Corp.
("Ameritas Life"), a Nebraska stock life insurance company, which owns a
majority interest in AMAL Corporation; and AmerUs Life Insurance Company
("AmerUs Life"), an Iowa stock life insurance company, which owns a minority
interest in AMAL Corporation. The Home Offices of both AVLIC and Ameritas Life
are at 5900 "O" Street, P.O. Box 82550, Lincoln, Nebraska 68501 ("Home Office").
On April 1, 1996 Ameritas Life consummated an agreement with AmerUs Life whereby
AVLIC became a wholly owned subsidiary of a newly formed holding company, AMAL
Corporation. Under terms of the agreement AMAL Corporation is 66% owned by
Ameritas Life and 34% owned by AmerUs Life. AmerUs Life has options to purchase
an additional interest
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in AMAL Corporation if certain conditions are met. There are no other owners of
5% or more of the outstanding voting securities of AVLIC.
Ameritas Life and its subsidiaries had total assets at December 31, 1998 of over
$4.1 billion. AmerUs Life had total assets as of December 31, 1998 of over $10.4
billion.
AVLIC has a rating of A (Excellent) for financial strength and operating
performance from A.M. Best Company, a firm that analyzes insurance carriers.
This is the third highest of Best's 15 categories. AVLIC is rated AA (Very
Strong) for insurer financial strength from Standard & Poor's. This is the
third-highest of Standard & Poor's 21 ratings. Ameritas Life enjoys a long
standing A+ (Superior) rating from A.M. Best, the second highest of Best's
ratings.
Ameritas Life, AmerUs Life and AMAL Corporation guarantee the obligations of
AVLIC. This guarantee will continue until AVLIC is recognized by a national
rating agency as having a financial rating equal to or greater than Ameritas
Life, or until AVLIC is acquired by another insurance company which has a
financial rating by a national rating agency equal to or greater than Ameritas
Life and which agrees to assume the guarantee. AmerUs Life will be relieved of
its obligations under the guarantee if it sells its interest in AMAL Corporation
to another insurance company which has a financial rating by a national rating
agency equal to or greater than that of AmerUs Life, and the purchaser assumes
the guarantee.
Ameritas Investment Corp. ("AIC"), the principal underwriter of the Policies,
may publish in advertisements and reports to Policy Owners, the ratings and
other information assigned to Ameritas Life and AVLIC by one or more independent
rating services. Published material may also include charts and other
information concerning dollar cost averaging, portfolio rebalancing, earnings
sweep, tax-deference, asset allocation, diversification, long term market
trends, index performance and other investment methods and programs. The purpose
of the ratings is to reflect the financial strength of AVLIC. The ratings do not
relate to the performance of Separate Account V.
THE SEPARATE ACCOUNT
Ameritas Variable Life Insurance Company Separate Account V ("Separate Account
V") was established under Nebraska law on August 28, 1985. The assets of
Separate Account V are held by AVLIC segregated from all of AVLIC's other
assets, are not chargeable with liabilities arising out of any other business
which AVLIC may conduct, and are not affected by income, gains, or losses of
AVLIC. Although the assets maintained in Separate Account V will not be charged
with any liabilities arising out of AVLIC's other business, all obligations
arising under the Policies are liabilities of AVLIC who will maintain assets in
Separate Account V of a total market value at least equal to the reserve and
other contract liabilities of Separate Account V. Separate Account V will at all
times contain assets equal to or greater than Accumulation Values invested in
Separate Account V. Nevertheless, to the extent assets in Separate Account V
exceed AVLIC's liabilities in Separate Account V, the assets are available to
cover the liabilities of AVLIC's General Account. AVLIC may, from time to time,
withdraw assets available to cover the General Account obligations.
Separate Account V is registered with the Securities and Exchange Commission
("SEC") under the Investment Company Act of 1940 ("1940 Act") as a unit
investment trust, which is a type of investment company. This does not involve
any SEC supervision of the management or investment policies or practices of
Separate Account V. For state law purposes, Separate Account V is treated as a
Division of AVLIC.
PERFORMANCE INFORMATION
Performance information for the Subaccounts of Separate Account V and the Funds
available for investment by Separate Account V may appear in advertisements,
sales literature, or reports to Policy Owners or prospective purchasers. AVLIC
may also provide a hypothetical illustration of Accumulation Value, Net Cash
Surrender Value and Death Benefit based on historical investment returns of the
Funds for a sample Insured based on assumptions as to age, sex, and other Policy
specific assumptions.
AVLIC may also provide individualized hypothetical illustrations of Accumulation
Value, Net Cash Surrender Value and Death Benefit based on historical investment
returns of the Funds. These illustrations will reflect deductions for Fund
expenses and Policy and Separate Account V charges, including the Monthly
Deduction, Percent of Premium Charge, and the Surrender Charge. These
hypothetical illustrations will be based on the actual historical experience of
the Funds as if the Subaccounts had been in existence and a Policy issued for
the same periods as those indicated for the Funds.
THE FUNDS
There are currently 27 Subaccounts within Separate Account V available to Policy
Owners for new allocations. The assets of each Subaccount are invested in shares
of a corresponding portfolio of one of the following mutual Funds (collectively,
the "Funds"): Calvert Variable Series, Inc. Ameritas Portfolios ("Ameritas
Portfolios"); Variable Insurance Products Fund and Variable Insurance Products
Fund II, (respectively, "VIP" and "VIP II"; collectively "Fidelity Funds"); The
Alger American Fund ("Alger American Funds"); MFS Variable Insurance Trust ("MFS
Trust"); and Morgan Stanley Dean Witter
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Universal Funds, Inc. ("MSDW Universal Funds"). The Ameritas Portfolios receive
investment advisory services from Ameritas Investment Corp. ("AIC"). AIC is a
registered investment adviser under the Investment Advisers Act of 1940 and is
an affiliate of AVLIC. AIC also contracts with subadvisers. The following
subadvisers provide investment subadvisory services to the indicated portfolios:
Portfolio Subadviser
- ---------- ----------------
Ameritas Money Market Calvert Asset Management Company, Inc.
Ameritas Index 500 State Street Global Advisors
Ameritas Growth Fred Alger Management, Inc. ("Alger Management")
Ameritas Income & Growth Alger Management
Ameritas Small Capitalization Alger Management
Ameritas MidCap Growth Alger Management
Ameritas Emerging Growth Massachusetts Financial Services
Company ("MFS Co.")
Ameritas Research MFS Co.
Ameritas Growth With Income MFS Co.
VIP, which is managed by Fidelity Management & Research Company ("Fidelity"),
offers the following portfolios: VIP Equity-Income, VIP Growth, VIP High Income
and VIP Overseas. VIP II, also managed by Fidelity, offers the following
portfolios: VIP II Asset Manager, VIP II Investment Grade Bond, VIP II Asset
Manager: Growth, and VIP II Contrafund. The Alger American Fund, which is
managed by Fred Alger Management, Inc. ("Alger Management"), offers the
following portfolios: Alger American Balanced ("Balanced") and Alger American
Leveraged AllCap ("Leveraged AllCap"). The MFS Trust, managed by Massachusetts
Financial Services Company ("MFS Co."), offers the following portfolios or
series in connection with this Policy: MFS Utilities, MFS Global Governments,
and MFS New Discovery. The MSDW Universal Funds offer the following portfolios
in connection with the Policy, all of which are managed by Morgan Stanley Dean
Witter Investment Management Inc. ("MSDW Investment Management"): Emerging
Markets Equity, Global Equity, International Magnum, Asian Equity and U.S. Real
Estate. Each Fund is registered with the SEC under the Investment Company Act of
1940 as an open-end management investment company.
The assets of each portfolio of the Funds are held separately from the assets of
the other portfolios. Thus, each portfolio operates as a separate investment
portfolio, and the income or losses of one portfolio generally have no effect on
the investment performance of any other portfolio.
The investment objectives and policies of each portfolio are summarized below.
There is no assurance that any of the portfolios will achieve their stated
objectives. More detailed information, including a description of investment
objectives, policies, restrictions, expenses and risks, is in the prospectuses
for each of the Funds, which must accompany or precede this prospectus. All
underlying Fund information, including Fund prospectuses, has been provided to
AVLIC by the underlying Funds. AVLIC has not independently verified this
information. One or more of the portfolios may employ investment techniques that
involve certain risks, including investing in non-investment grade, high risk
debt securities, entering into repurchase agreements and reverse repurchase
agreements, lending portfolio securities, engaging in "short sales against the
box," investing in instruments issued by foreign banks, entering into firm
commitment agreements and investing in warrants and restricted securities. In
addition, certain of the portfolios may invest in securities of foreign issuers.
The Leveraged AllCap portfolio may borrow money to increase its portfolio of
securities, and may purchase or sell options and enter into futures contracts on
securities indexes to increase gain or to hedge the value of the portfolio.
Certain of the portfolios are permitted to invest a portion of their assets in
non-investment grade, high risk debt securities; these portfolios include the
VIP High Income, VIP Equity-Income, VIP II Asset Manager: Growth, VIP II Asset
Manager portfolios of the Fidelity Funds, and the Research portfolio of the
Ameritas Portfolios. Certain portfolios are designed to invest a substantial
portion of their assets overseas, such as the VIP Overseas portfolio and the
International Magnum portfolio of the MSDW Universal Funds. Other portfolios
invest primarily in the securities markets of emerging nations. Investments of
this type involve different risks than investments in more established
economies, and will be affected by greater volatility of currency exchange rates
and overall economic and political factors. Such portfolios include the Emerging
Markets Equity and Asian Equity portfolios of the MSDW Universal Funds. The
Emerging Markets Equity portfolio may also invest in non-investment grade, high
risk debt securities (also known as "junk bonds") and securities of Russian
companies. Investment in Russian companies may involve risks associated with
that nation's system of share registration and custody. Securities of non-U.S.
issuers (including issuers in emerging nations) may also be purchased by each of
the portfolios of the MFS Trust, by the Emerging Growth, Research, and Growth
With Income portfolios of the Ameritas Portfolios, and by the Global Equity
portfolio of the MSDW Universal Funds. Investments acquired by the U.S. Real
Estate portfolio of the
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MSDW Universal Funds may be subject to the risks associated with the direct
ownership of real estate and direct investments in real estate investment
trusts. Further information about the risks associated with investments in each
of the Funds and their respective portfolios is contained in the prospectus
relating to that Fund. These prospectuses, together with this prospectus, should
be read carefully and retained.
The investments in the Funds may be managed by Fund managers which manage one or
more other mutual funds that have similar names, investment objectives, and
investment styles as the Funds. You should be aware that the Funds are likely to
differ from the other mutual funds in size, cash flow pattern, and tax matters.
Thus, the holdings and performance of the Funds can be expected to vary from
those of the other mutual funds.
You should periodically consider the allocation among the Subaccounts in light
of current market conditions and the investment risks attendant to investing in
the Funds' various portfolios.
Separate Account V will purchase and redeem shares from the portfolios at the
net asset value. Shares will be redeemed to the extent necessary for AVLIC to
collect charges, pay the Surrender Values, partial withdrawals, and make policy
loans or to transfer assets among Investment Options as you requested. Any
dividend or capital gain distribution received is automatically reinvested in
the corresponding Subaccount.
Since each of the Funds is designed to provide investment vehicles for variable
annuity and variable life insurance contracts of various insurance companies and
will be sold to separate accounts of other insurance companies as investment
vehicles for various types of variable life insurance policies and variable
annuity contracts, there is a possibility that a material conflict may arise
between the interests of Separate Account V and one or more of the separate
accounts of another participating insurance company. In the event of a material
conflict, the affected insurance companies agree to take any necessary steps,
including removing their separate accounts from the Funds, to resolve the
matter. The risks of such mixed and shared funding are described further in the
prospectuses of the Funds.
<TABLE>
<CAPTION>
INVESTMENT OBJECTIVES AND POLICIES OF THE FUNDS' PORTFOLIOS
PORTFOLIO INVESTMENT POLICIES OBJECTIVE
- --------- -------------------- ----------
<S> <C> <C>
AMERITAS PORTFOLIOS
Ameritas Money Market Invests in U.S. dollar-denominated money Seeks as high a level of current
market securities of domestic and foreign income as is consistent with
issuers, including U.S. Government securities preservation of capital and
and repurchase agreements. Invests more than liquidity.
25% of total assets in the financial services
industry.
Ameritas Index 500 Under normal circumstances, seeks to invest at Seeks investment results that
least 80% of its assets in common stock correspond to the total return of
included in the Standard & Poor's 500. common stocks publicly traded in the
United States, as represented by
the Standard & Poor's 500.
Ameritas Growth Focuses on companies that generally have broad Seeks long-term capital appreciation.
product lines, markets, financial resources and
depth of management. Under normal
circumstances, the portfolio invests primarily in
equity securities, such as common or preferred
stocks, of large companies listed on U.S. exchanges
or in the U.S. over-the-counter market. The portfolio
considers a large company to have a market
capitalization of $1 billion or greater.
Ameritas Income & Under normal circumstances, invests in dividend Primarily seeks to provide a high
Growth paying equity securities, such as common or level of dividend income. Its
preferred stocks, preferably those which the secondary goal is to provide capital
subadvisor believes also offer opportunities appreciation.
for capital appreciation.
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Ameritas Small
Capitalization It focuses on small, fast-growing companies that
offer innovative products, services or technologies
to a rapidly expanding marketplace. Under normal
circumstances, the portfolio invests primarily in
the equity securities, such as common or preferred
stocks, of small capitalization companies Seeks long-term capital appreciation.
U.S. exchanges or in the U.S. over-the-counter
market. A small capitalization company is one that
has a market capitalization within the range of
companies in the Russell 2000 Growth Index or the
S&P SmallCap 600 Index.
Ameritas MidCap Growth Invests in midsize companies with promising Seeks long-term capital appreciation.
growth potential. Under normal circumstances,
the portfolio invests primarily in the equity securities,
such as common or preferred stocks, of companies
listed on U.S. exchanges or in the U.S. over-the-
counter market and having a market capitalization
within the range of companies in the S&P
MidCap 400 Index.
Ameritas Emerging Growth Invests, under normal market conditions, at least Seeks long-term growth of capital.
65% of its total assets in common stocks and related
securities, such as preferred stocks, convertible
securities and depositary receipts for those securities,
of emerging growth companies.
Ameritas Research Invests, under normal market conditions, at least Seeks long-term growth of capital and
80% of its total assets in common stocks and future income.
related securities, such as preferred stocks,
convertible securities and depositary receipts. The
portfolio focuses on companies that the subadvisor
believes have favorable prospects for long-term
growth, attractive valuations based on current and
expected earnings or cash flow, dominant or
growing market share and superior management.
The fund may invest in companies of any size. The
portfolio's investments may include securities
traded on securities exchanges or in the over-the-
counter markets.
Ameritas Growth
With Income Invests, under normal market conditions, at least Seeks to provide reasonable current
65% of its total assets in common stocks and income and long-term growth of
related securities, such as preferred stocks capital and income.
convertible securities and depositary receipts for
those securities. These securities may be listed
on a securities exchange or traded in the over-the-
counter markets. While the portfolio may invest
in companies of any size, it may generally focus
on companies with larger market capitalizations
that the subadvisor believes have sustainable
growth prospects and attractive valuations based on
current and expected earnings or cash flow.
FIDELITY FUNDS
VIP Equity-Income Investing at least 65% in income-producing Seeks reasonable income. Will also
equity securities, which tends to lead to consider the potential for capital
investments in large cap "value" stocks. appreciation. Seeks a yield which
exceeds the composite yield on the
securities comprising the Standard
& Poor's 500.
VIP Growth Investing primarily in common stocks. Investing Seeks capital appreciation.
in companies that it believes have above-average
growth potential (stocks of these companies are
often called "growth" stocks). Investing in domestic
and foreign issuers.
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VIP High Income Investing at least 65% of total assets in income- Seeks a high level of current income while also
producing debt securities, preferred stocks and considering growth of capital.
convertible securities, with an emphasis on
lower-quality debt securities.
VIP Overseas Investing at least 65% of total assetsin foreign Seeks long-term growth of capital.
securities. Investing primarily in common stocks.
VIP II Asset Manager Allocating the Fund's assets among stocks, Seeks high total return with reduced risk over
bonds, and short-term and money market the long term by allocating its assets among
instruments. Maintaining a neutral mix over time stocks, bonds, and short-term instruments.
of 50% of assets in stocks, 40% of assets in bonds,
and 10% of assets in short-term and money market
instruments.
VIP II Investment
Grade Bond Investing in U.S. dollar-denominated investment- Seeks as high a level of current income as is
grade bonds. consistent with the preservation of capital.
VIP II Asset Manager:
Growth Allocating the Fund's assets among stocks Seeks to maximize total return by allocating its
bonds, and short-term and money market assets among stocks, bonds, short-term
instruments. Maintaining a neutral mix over time instruments and other investments.
of 70% of assets in stocks, 25% of assets in bonds,
and 5% of assets in short-term and money market
instruments.
VIP II Contrafund Investing primarily in common stocks. Investing Seeks long-term capital appreciation.
in securities of companies whose value it believes
is not fully recognized by the public.
ALGER AMERICAN FUND
Balanced The Portfolio focuses on stocks of companies Seeks current income and long-term capital
with growth potential and fixed income appreciation by investment in common stocks
securities, with emphasis on income-producing and fixed income and convertible securities,
securities which appear to have some potential with emphasis on income producing securities
for capital appreciation. Under normal which appear to have potential for capital
circumstances, it invests in common stocks and appreciation.
fixed income securities, which include
commercial paper and bonds rated within the 4
highest rating categories by an established rating
agency or if not rated, which are determined by
the Manager to be of comparable quality.
Ordinarily, at least 25% of the Portfolio's net
assets are invested in fixed-income securities.
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Leveraged AllCap Under normal circumstances, the portfolio Seeks long-term capital appreciation.
invests in the equity securities of companies of
any size which demonstrate promising growth
potential. The portfolio can leverage, that is,
borrow money, up to one-third of its total assets
to buy additional securities. By borrowing money,
the portfolio has the potential to increase its
returns if the increase in the value of the
securities purchased exceeds the cost of borrowing,
including interest paid on the money borrowed.
MFS FUNDS
Utilities Series Invests, under normal market Will seek capital growth
conditions, at least 65% of its and current income
total assets in equity and debt (income above that
securities of both domestic and available from a
foreign companies in the portfolio invested
utilities industry. entirely in equity securities).
Global Governments
Series Invests, under normal market conditions, at least Will seek to provide income and capital
65% of its total assets in debt obligations that are appreciation.
issued or guaranteed as to principal and interest
by either (1) the U.S. Government, its agencies,
authorities or instrumentalities or (2) the
governments of foreign countries (including
emerging markets). May also invest in corporate
bonds (including lower rated bonds commonly
known as junk bonds) and mortgage-backed and
assets-backed securities.
New Discovery Invests, under normal market conditions, at least Will seek capital appreciation.
65% of its total assets in common stocks and related
securities, such as preferred stocks, convertible
securities and depositary receipts for those
securities, of emerging growth companies.
MSDW UNIVERSAL FUNDS
Emerging Markets
Equity Invests primarily in equity securities of emerging Long-term capital appreciation.
market country issuers with a focus on those
issuers with attractive growth characteristics,
reasonable valuations, and management teams
that focus on shareholder value.
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Global Equity Invests primarily in equity securities of issuers Long-term capital appreciation.
throughout the world,including U.S. issuers and
emerging market countries, using an approach
that is oriented to the selection of individual
stocks that the portfolio's adviser believes are
undervalued.
International Magnum Invests primarily in equity securities of non- Long-term capital appreciation.
U.S. issuers, generally in accordance with
weightings determined by the portfolio's adviser,
in countries comprising the Morgan Stanley Capital
International Europe, Australasia, Far East Index
commonly known as the "EAFE Index."
Asian Equity Invests primarily in equity securities of Asian Long-term capital appreciation.
issuers, excluding Japan, using a disciplined,
value-oriented approach to security selection.
U.S. Real Estate Invests primarily in equity securities of Above-average current income and long-term
companies primarily engaged in the U.S. real capital appreciation.
estate industry, including real estate investment
trusts.
</TABLE>
ADDITION, DELETION OR SUBSTITUTION OF INVESTMENTS
AVLIC reserves the right, subject to applicable law, to add, delete, combine, or
substitute investments in Separate Account V if, in our judgment, marketing
needs, tax considerations, or investment conditions warrant. This may happen due
to a change in law or a change in a Fund's objectives or restrictions, or for
some other reason. AVLIC may operate Separate Account V as a management company
under the 1940 Act, it may be deregistered under that Act if registration is no
longer required, or it may be combined with other AVLIC separate accounts. AVLIC
may also transfer the assets of Separate Account V to another separate account.
If necessary, we will notify the SEC and/or state insurance authorities and will
obtain any required approvals before making these changes.
If any changes are made, AVLIC may, by appropriate endorsement, change the
Policy to reflect the changes. In addition, AVLIC may, when permitted by law,
restrict or eliminate any voting rights of Policy Owners or other persons who
have voting rights as to Separate Account V. AVLIC will determine the basis for
making any new Subaccounts available to existing Policy Owners.
You will be notified of any material change in the investment policy of any Fund
in which you have an interest.
FIXED ACCOUNT
You may elect to allocate all or a portion of your Net Premium payments to the
Fixed Account, and you may also transfer monies between Separate Account V and
the Fixed Account. (See the section on Transfers.)
Payments allocated to the Fixed Account and transferred from Separate Account V
to the Fixed Account are placed in AVLIC's General Account. The General Account
includes all of AVLIC's assets, except those assets segregated in AVLIC's
separate accounts. AVLIC has the sole discretion to invest the assets of the
General Account, subject to applicable law. AVLIC bears an investment risk for
all amounts allocated or transferred to the Fixed Account, plus interest
credited thereto, less any deduction for charges and expenses. The Policy Owner
bears the investment risk that the declared rate, described below, will fall to
a lower rate after the expiration of a declared rate period. Because of
exemptions and exclusionary provisions, interests in the General Account have
not been registered under the Securities Act of 1933 (the "1933 Act"), nor is
the General Account registered as an investment company under the Investment
Company Act of 1940. Accordingly, neither the General Account nor any interest
in it is generally subject to the provisions of the 1933 or 1940 Act. We
understand that the staff of the SEC has not reviewed the disclosures in this
prospectus relating to the Fixed Account portion of the Policy; however, these
disclosures may be subject to generally applicable provisions of the federal
securities laws regarding the accuracy and completeness of statements made in
prospectuses.
AVLIC guarantees that it will credit interest at a declared rate of at least
3.5%. AVLIC may, at its discretion, set a higher declared rate(s). Each month
AVLIC will establish the declared rate for the Policies with a Policy Date or
Anniversary Date
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that month. Each month is assumed to have 30 days, and each year to have 360
days for purposes of crediting interest on the Fixed Account. The Policy Owner
will earn interest on the amounts transferred or allocated to the Fixed Account
at the declared rate effective for the month in which the Policy was issued,
which rate is guaranteed for the remainder of the first Policy Year. During
later Policy Years, all amounts in the Fixed Account will earn interest at the
declared rate in effect in the month of the last Policy Anniversary. Declared
interest rates may increase or decrease from previous periods, but will not fall
below 3.5%. AVLIC reserves the right to change the declaration practice, and the
period for which a declared rate will apply.
POLICY BENEFITS
The rights and benefits under the Policy are summarized in this prospectus;
however prospectus disclosure regarding the Policy is qualified in its entirety
by the Policy itself, a copy of which is available upon request from AVLIC.
PURPOSES OF THE POLICY
The Policy is designed to provide the Policy Owner with both lifetime insurance
protection to the Policy Anniversary nearest the Insured's 100th birthday and
flexibility in the amount and frequency of premium payments and with the level
of life insurance proceeds payable under the Policy.
You are not required to pay scheduled premiums to keep the Policy in force, but
you may, subject to certain limitations, vary the frequency and amount of
premium payments. You also may adjust the level of Death Benefits payable under
the Policy without having to purchase a new Policy by increasing (with evidence
of insurability) or decreasing the Specified Amount. An increase in the
Specified Amount will increase the Guaranteed Death Benefit Premium required. If
the Specified Amount is decreased, however, the Guaranteed Death Benefit Premium
will not decrease. Thus, as insurance needs or financial conditions change, you
have the flexibility to adjust life insurance benefits and vary premium
payments.
The Death Benefit may, and the Accumulation Value will, vary with the investment
experience of the chosen Subaccounts of Separate Account V. Thus the Policy
Owner benefits from any appreciation in value of the underlying assets, but
bears the investment risk of any depreciation in value. As a result, whether or
not a Policy continues in force may depend in part upon the investment
experience of the chosen Subaccounts. The failure to pay a Planned Periodic
Premium will not necessarily cause the Policy to lapse, but the Policy could
lapse even if Planned Periodic Premiums have been paid, depending upon the
investment experience of Separate Account V. If the Guaranteed Death Benefit
Premiums are satisfied by Net Policy Funding, AVLIC will keep the Policy in
force during the Guaranteed Death Benefit Period and provide a Death Benefit. In
certain instances, this Net Policy Funding will not, after the payment of
Monthly Deductions, generate positive Net Cash Surrender Values.
DEATH BENEFIT PROCEEDS
As long as the Policy remains in force, AVLIC will pay the Death Benefit
Proceeds of the Policy upon Satisfactory Proof of Death, according to the Death
Benefit option in effect at the time of the Insured's death. The amount of the
Death Benefits payable will be determined at the end of the Valuation Period
during which the Insured's death occurred. The Death Benefit Proceeds may be
paid in a lump sum or under one or more of the payment options set forth in the
Policy. (See the section on Payment Options.)
Death Benefit Proceeds will be paid to the surviving Beneficiary or
Beneficiaries you specified in the application or subsequently changed. If you
do not choose a Beneficiary, the proceeds will be paid to you, as the Policy
Owner, or to your estate.
DEATH BENEFIT OPTIONS
The Policy provides two Death Benefit options, unless the Extended Maturity
Option is in effect. If the Extended Maturity Option is in effect, the Death
Benefit will be the same as the Accumulation Value. Extension of the Maturity
Date may result in adverse tax consequences. (See the section on Benefits at
Maturity.) The Policy Owner selects one of the options in the application. The
Death Benefit under either option will never be less than the current Specified
Amount of the Policy as long as the Policy remains in force. (See the section on
Policy Lapse and Reinstatement.) The minimum initial Specified Amount is
generally $500,000 for Insureds ages 20-49 and $250,000 for those who are 50 or
older. The net amount at risk for Option A will generally be less than the net
amount at risk for Option B. If you choose Option A, your Cost of Insurance
deduction will generally be lower than if you choose Option B. (See the section
on Charges and Deductions.) The following graphs illustrate the differences in
the two Death Benefit options.
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OPTION A.
OMITTED GRAPH ILLUSTRATES PAYOUT UNDER DEATH BENEFIT OPTION A, SPECIFICALLY BY
SHOWING THE RELATIONSHIPS OVER TIME, BETWEEN THE SPECIFIED AMOUNT AND THE
ACCUMULATION VALUE.
Death Benefit Option A. Pays a Death Benefit equal to the Specified Amount
or the Accumulation Value multiplied by the Death Benefit percentage (as
illustrated at Point A) whichever is greater.
Under Option A, the Death Benefit is the current Specified Amount of the Policy
or, if greater, the applicable percentage of Accumulation Value on the date of
death. The applicable percentage is 250% for Insureds with an Attained Age 40 or
younger on the Policy Anniversary Date prior to the date of death. For Insureds
with an Attained Age over 40 on that Policy Anniversary Date, the percentage
declines. For example, the percentage at Attained Age 40 is 250%, at Attained
Age 50 is 185%, at Attained Age 60 is 130%, at Attained Age 70 is 115%, at
Attained Age 80 is 105%, and at Attained Age 90 is 100%. Accordingly, under
Option A the Death Benefit will remain level at the Specified Amount unless the
applicable percentage of Accumulation Value exceeds the current Specified
Amount, in which case the amount of the Death Benefit will vary as the
Accumulation Value varies. Policy Owners who prefer to have favorable investment
performance, if any, reflected in higher Accumulation Value, rather than
increased insurance coverage, generally should select Option A.
OPTION B.
OMITTED GRAPH ILLUSTRATES PAYOUT UNDER DEATH BENEFIT OPTION B, SPECIFICALLY BY
SHOWING THE RELATIONSHIPS OVER TIME, BETWEEN THE SPECIFIED AMOUNT AND THE
ACCUMULATION VALUE.
Death Benefit Option B. Pays a Death Benefit equal to the Specified
Amount plus the Policy's Accumulation Value or the Accumulation Value
multiplied by the Death Benefit percentage, whichever is greater.
Under Option B, the Death Benefit is equal to the current Specified Amount plus
the Accumulation Value of the Policy or, if greater, the applicable percentage
of the Accumulation Value on the date of death. The applicable percentage is the
same as under Option A: 250% for Insureds with an Attained Age 40 or younger on
the Policy Anniversary Date prior to the date of death. For Insureds with an
Attained Age over 40 on that Policy Anniversary Date the percentage declines.
Accordingly, under Option B the amount of the Death Benefit will always vary as
the Accumulation Value varies (but will never be less than the Specified
Amount). Policy Owners who prefer to have favorable investment performance, if
any, reflected in increased insurance coverage, rather than higher Accumulation
Values, generally should select Option B.
CHANGE IN DEATH BENEFIT OPTION. The Death Benefit option may be changed once per
year after the first Policy Year by sending AVLIC a written request. The
effective date of such a change will be the Monthly Activity Date on or
following the date the change is approved by AVLIC. A change may have federal
tax consequences.
If the Death Benefit option is changed from Option A to Option B, the Specified
Amount after the change will equal the Specified Amount before the change less
the Accumulation Value as of the date of the change. If the Death Benefit option
is changed from Option B to Option A, the Specified Amount under Option A after
the change will equal the Death Benefit under Option B on the effective date of
change.
No charges will be imposed upon a change in Death Benefit option, nor will such
a change in and of itself result in an immediate change in the amount of a
Policy's Accumulation Value. However, a change in the Death Benefit option may
affect the Cost of Insurance because this charge varies depending on the net
amount at risk (i.e. the amount by which the Death Benefit as calculated on a
Monthly Activity Date exceeds the Accumulation Value on that date). Changing
from Option B to Option A generally will decrease the net amount at risk in the
future, and will therefore decrease the Cost of
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Insurance. Changing from Option A to Option B generally will result in an
increase in the Cost of Insurance over time because the Cost of Insurance Rate
will increase with the Insured's age, even though the net amount at risk will
generally remain level. If, however, the change was from Option B to Option A,
the Cost of Insurance rate may be different for the increased Death Benefit. On
a change from Option A to Option B, the Specified Amount will decrease so that
the Cost of Insurance Rate may be different. (See the sections on Charges and
Deductions and Federal Tax Matters.)
CHANGE IN SPECIFIED AMOUNT. Subject to certain limitations, after the first
Policy Year, a Policy Owner may increase or decrease the Specified Amount of a
Policy. A change in Specified Amount may affect the Cost of Insurance Rate and
the net amount at risk, both of which may affect a Policy Owner's Cost of
Insurance and have federal tax consequences. (See the sections on Charges and
Deductions and Federal Tax Matters.)
Any increase or decrease in the Specified Amount will become effective on the
Monthly Activity Date on or following the date a written request is approved by
AVLIC. The Specified Amount of a Policy may be changed only once per year and
AVLIC may limit the size of a change in a Policy Year. In the first three Policy
Years, the Specified Amount remaining in force after any requested decrease may
not be less than $500,000 for Insureds with an Issue Age of 49 or less and
$250,000 for those with an Issue Age of 50 or more. In Policy Years four through
ten, the Specified Amount remaining in force following a decrease must be at
least $400,000 for Insureds with an Issue Age 20-49 and $200,000 for those with
Issue Ages of 50-80. After the 10th Policy Year, the Specified Amount may not be
less than $100,000, regardless of age. In addition, if a decrease in the
Specified Amount makes the Policy not comply with the maximum premium limits
required by federal tax law, the decrease may be limited or the Accumulation
Value may be returned to you, at your election, to the extent necessary to meet
the requirements. (See the section on Premiums.)
Increases in the Specified Amount will be allowed after the first Policy Year.
For an increase in the Specified Amount, you must submit a written supplemental
application. AVLIC may also require additional evidence of insurability.
Although an increase need not necessarily be accompanied by an additional
premium, in certain cases an additional premium will be required to put the
requested increase in effect. (See the section on Premiums upon Increases in
Specified Amount.) The minimum amount of any increase is $25,000, and an
increase cannot be made if the Insured's Attained Age is over 80. An increase in
the Specified Amount will also increase Surrender Charges. An increase in the
Specified Amount during the time the Guaranteed Death Benefit provision is in
effect will increase the respective premium requirements. (See the section on
Charges and Deductions.)
METHODS OF AFFECTING INSURANCE PROTECTION
You may increase or decrease the pure insurance protection provided by a
Policy--the difference between the Death Benefit and the Accumulation Value-- in
several ways as your insurance needs change. These ways include increasing or
decreasing the Specified Amount of insurance, changing the level of premium
payments, and making a partial withdrawal of the Policy's Accumulation Value.
Certain of these changes may have federal tax consequences. The consequences of
each of these methods will depend upon the individual circumstances.
DURATION OF THE POLICY
The duration of the Policy generally depends upon the Accumulation Value. The
Policy will remain in force so long as the Net Cash Surrender Value is
sufficient to pay the Monthly Deduction or if the Guaranteed Death Benefit
provision is in effect. (See the section on Charges from Accumulation Value.)
However, when the Net Cash Surrender Value is insufficient to pay the Monthly
Deduction and the Grace Period expires without an adequate payment by the Policy
Owner, the Policy will lapse and terminate without value. (See the section on
Policy Lapse and Reinstatement.)
ACCUMULATION VALUE
The Accumulation Value will reflect the investment performance of the chosen
Investment Options, the Net Premiums paid, any partial withdrawals, and the
charges assessed in connection with the Policy. You may Surrender the Policy at
any time and receive the Policy's Net Cash Surrender Value. (See the section on
Surrenders.) There is no guaranteed minimum Accumulation Value.
Accumulation Value is determined on each Valuation Date. On the Issue Date, the
Accumulation Value will equal the portion of any Net Premium allocated to the
Investment Options, reduced by the portion of the first Monthly Deduction
allocated to the Investment Options. (See the section on Allocation of Premiums
and Accumulation Value.) Thereafter, on each Valuation Date, the Accumulation
Value of the Policy will equal:
(1) The aggregate values belonging to the Policy in each of the Subaccounts on
the Valuation Date, determined by multiplying each Subaccount's unit value
by the number of Subaccount units you have allocated to the Policy; plus
(2) The value of allocations to the Fixed Account; plus
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(3) Any Accumulation Value impaired by Outstanding Policy Debt held in the
General Account; plus
(4) Any Net Premiums received on that Valuation Date; plus
(5) Any amounts credited as Net Cash Surrender Value bonus; less
(6) Any partial withdrawal, and its charge, made on that Valuation Date; less
(7) Any Monthly Deduction to be made on that Valuation Date; less
(8) Any federal or state income taxes charged against the Accumulation Value.
In computing the Policy's Accumulation Value on the Valuation Date, the number
of Subaccount units allocated to the Policy is determined after any transfers
among Investment Options (and deduction of transfer charges), but before any
other Policy transactions, such as receipt of Net Premiums and partial
withdrawals. Because the Accumulation Value depends on a number of variables, a
Policy's Accumulation Value cannot be predetermined.
THE UNIT VALUE. The unit value of each Subaccount reflects the investment
performance of that Subaccount. The unit value of each Subaccount is calculated
by (1) multiplying the net asset value per share of each Fund portfolio on the
Valuation Date times the number of shares held by that Subaccount, before the
purchase or redemption of any shares on that Valuation Date; minus (2) a charge
not exceeding an annual rate of .90% for mortality and expense risk; minus (3) a
charge not exceeding an annual rate of .25% for administrative service expenses;
and (4) dividing the result by the total number of units held in the Subaccount
on the Valuation Date, before the purchase or redemption of any units on that
Valuation Date.
(See the section on Daily Charges Against the Separate Account.)
VALUATION DATE AND VALUATION PERIOD. A Valuation Date is each day on which the
New York Stock Exchange ("NYSE") is open for trading. The net asset value for
each Fund portfolio is determined as of the close of regular trading on the
NYSE. The net investment return for each Subaccount and all transactions and
calculations with respect to the Policies as of any Valuation Date are
determined as of that time. A Valuation Period is the period between two
successive Valuation Dates, commencing at the close of the NYSE on each
Valuation Date and ending at the close of the NYSE on the next succeeding
Valuation Date.
NET CASH SURRENDER VALUE BONUS
Beginning with the 21st Policy Anniversary, a bonus equal to .25% of the Net
Cash Surrender Value will be credited to the Fixed Account and/or the
Subaccounts on each Policy anniversary, provided that the Net Cash Surrender
Value of the Policy on the Policy Anniversary is at least $500,000. This bonus
is not guaranteed. The bonus will be credited to the Fixed Account and/or the
Subaccounts based on the premium allocation percentages in effect at that time.
BENEFITS AT MATURITY
If the Insured is living on the Maturity Date, AVLIC will pay the Policy Owner
the Accumulation Value of the Policy, less Outstanding Policy Debt ("Maturity
Benefits"). The Policy will mature on the Policy Anniversary Date nearest the
Insured's 100th birthday, unless the maturity has been extended by election of
the Extended Maturity Option. The Extended Maturity Option, if elected, has the
effect of continuing the Policy in force for purposes of providing a benefit at
the time of the Insured's death. The Death Benefit will be the Accumulation
Value. The Extended Maturity Option does not, however, extend the Maturity Date
for purposes of determining benefits under any other option or rider. Once the
Extended Maturity Option becomes effective, no further premium payments will be
accepted and no deduction will be made for Cost of Insurance or riders. As long
as the Policy continues in force, all other Policy provisions will remain in
effect. Interest on Policy loans will continue to accrue and become part of the
Outstanding Policy Debt. The Policy may be subject to certain adverse tax
consequences when continued beyond the original scheduled Maturity Date. (See
the discussion below.)
There is no extra premium for the Extended Maturity Option, but it must be
elected by submitting a written request to AVLIC during the 90 days prior to the
Maturity Date. The Extended Maturity Option is not available in all states.
Further, the Internal Revenue Service has not issued a ruling regarding its tax
consequences.
The Policy may be subject to certain adverse tax consequences when continued
beyond the Maturity Date. Due to the lack of specific guidance by the Internal
Revenue Service on this issue, the result is not certain. If the Policy is not
treated as a life insurance contract for federal income tax purposes after the
original scheduled Maturity Date, among other things, the Death Benefit may be
taxable to the recipient. The Policy Owner should consult a qualified tax
advisor regarding the possible adverse tax consequences resulting from extension
of the original scheduled Maturity Date.
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PAYMENT OF POLICY BENEFITS
Death Benefit Proceeds under the Policy will usually be paid within seven days
after AVLIC receives Satisfactory Proof of Death. Maturity Benefits will
ordinarily be paid within seven days of receipt of a written request. Payments
may be postponed in certain circumstances. (See the section on Postponement of
Payments.) The Policy Owner may decide the form in which Death Benefit Proceeds
or Maturity Benefits will be paid. During the Insured's lifetime, the Policy
Owner may arrange for the Death Benefit Proceeds to be paid in a lump sum or
under one or more of the optional methods of payment described below. Changes
must be in writing and will revoke all prior elections. If no election is made,
AVLIC will pay Death Benefit Proceeds or Accumulation Value Benefit in a lump
sum. When Death Benefit Proceeds are payable in a lump sum and no election for
an optional method of payment is in force at the death of the Insured, the
Beneficiary may select one or more of the optional methods of payment. Further,
if the Policy is assigned, any amounts due to the assignee will first be paid in
one sum. The balance, if any, may be applied under any payment option. Once
payments have begun, the payment option may not be changed.
PAYMENT OPTIONS FOR DEATH BENEFIT PROCEEDS OR MATURITY BENEFITS ("POLICY
PROCEEDS"). The minimum amount of each payment is $100. If a payment would be
less than $100, AVLIC has the right to make payments less often so that the
amount of each payment is at least $100. Once a payment option is in effect,
Policy Proceeds will be transferred to AVLIC's General Account. AVLIC may make
other payment options available in the future. For additional information
concerning these options, see the Policy itself. The following payment options
are currently available:
Option ai--INTEREST PAYMENT OPTION. AVLIC will hold any amount applied
under this option. Interest on the unpaid balance will be paid or
credited each month at a rate determined by AVLIC.
Option aii--FIXED AMOUNT PAYABLE OPTION. Each payment will be for an
agreed fixed amount. Payments continue until the amount AVLIC holds
runs out.
Option b--FIXED PERIOD PAYMENT OPTION. Equal payments will be made for
any period selected up to 20 years.
Option c--LIFETIME PAYMENT OPTION. Equal monthly payments are based on
the life of a named person. Payments will continue for the lifetime of
that person. Variations provide for guaranteed payments for a period
of time.
Option d--JOINT LIFETIME PAYMENT OPTION. Equal monthly payments are
based on the lives of two named persons. While both are living, one
payment will be made each month. When one dies, the same payment will
continue for the lifetime of the other.
As an alternative to the above payment options, Death Benefits Proceeds or
Maturity Benefits may be paid in any other manner approved by AVLIC. Further,
one of AVLIC's affiliates may make payments under the above payment options. If
an affiliate makes the payment, it will do so according to the request of the
Policy Owner, using the rules set out above.
POLICY RIGHTS
LOAN BENEFITS
LOAN PRIVILEGES. After the first Policy Anniversary Date, the Policy Owner may
borrow an amount up to the current Net Cash Surrender Value less twelve times
the most recent Monthly Deduction, at regular or reduced loan rates (described
below). Loans usually are funded within seven days after receipt of a written
request. The loan may be repaid at any time while the Insured is living, prior
to the Maturity Date. Policy Owners in certain states may borrow 100% of the Net
Cash Surrender Value after deducting Monthly Deductions and any interest on
Policy loans that will be due for the remainder of the Policy Year. Loans may
have tax consequences. (See the section on Federal Tax Matters.)
INTEREST. AVLIC charges interest to Policy Owners at regular and reduced rates.
Regular loans will accrue interest on a daily basis at a rate of up to 6% per
year; currently the interest rate on regular Policy loans is 5.5%. Each year
after the tenth Policy Anniversary Date, the Policy Owner may borrow a limited
amount of the Net Cash Surrender Value at a reduced interest rate. For those
loans, interest will accrue on a daily basis at a rate of up to 4% per year; the
current reduced loan rate is 3.5%. The amount available at the reduced loan rate
is 10% of the Net Cash Surrender Value as of the most recent Policy Anniversary
Date, plus any loan previously made at a reduced loan rate. If unpaid when due,
interest will be added to the amount of the loan and bear interest at the same
rate. The Policy Owner earns 3.5% interest on the Accumulation Values securing
the loans.
EFFECT OF POLICY LOANS. When a loan is made, Accumulation Value equal to the
amount of the loan will be transferred from the Investment Options to the
General Account as security for the loan. The Accumulation Value transferred
will be allocated from the Investment Options according to the instructions you
give when you request the loan. The minimum amount which can remain in a
Subaccount or the Fixed Account as a result of a loan is $100. If no
instructions are given, the amounts will
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be withdrawn in proportion to the various Accumulation Values in the Investment
Options. In any Policy Year that loan interest is not paid when due, AVLIC will
add the interest due to the principal amount of the Policy loan on the next
Policy Anniversary. This loan interest due will be transferred from the
Investment Options as set out above. No charge will be made for these transfers.
A Policy loan will permanently affect the Accumulation Value and may permanently
affect the amount of the Death Benefits, even if the loan is repaid. Policy
loans will also affect Net Policy Funding for determining whether the Guaranteed
Death Benefit provision is met.
Interest earned on amounts held in the General Account will be allocated to the
Investment Options on each Policy Anniversary in the same proportion that Net
Premiums are being allocated to those Investment Options at the time. Upon
repayment of loan amounts, the portion of the repayment allocated in accordance
with the repayment of loan provision (see below) will be transferred to increase
the Accumulation Value in that Investment Option.
OUTSTANDING POLICY DEBT. The Outstanding Policy Debt equals the total of all
Policy loans and accrued interest on Policy loans. If the Outstanding Policy
Debt exceeds the Accumulation Value less any Surrender Charge and any Accrued
Expense Charges, the Policy Owner must pay the excess. AVLIC will send a notice
of the amount which must be paid. If you do not make the required payment within
the 61 days after AVLIC sends the notice, the Policy will terminate without
value ("lapse"). Should the Policy lapse while Policy loans are outstanding, the
portion of the loans attributable to earnings will become taxable. You may lower
the risk of a Policy lapsing while loans are outstanding as a result of a
reduction in the market value of investments in the Subaccounts by investing in
a diversified group of lower risk investment portfolios and/or transferring the
funds to the Fixed Account and receiving a guaranteed rate of return. Should you
experience a substantial reduction, you may need to lower anticipated
withdrawals and loans, repay loans, make additional premium payments, or take
other action to avoid Policy lapse. A lapsed Policy may later be reinstated.
(See the section on Policy Lapse and Reinstatement.)
REPAYMENT OF LOAN. Unscheduled premiums paid while a Policy loan is outstanding
are treated as repayment of the debt only if the Policy Owner so requests. As a
loan is repaid, the Accumulation Value in the General Account securing the
repaid loan will be allocated among the Subaccounts and the Fixed Account in the
same proportion that Net Premiums are being allocated at the time of repayment.
SURRENDERS
At any time during the lifetime of the Insured and prior to the Maturity Date,
the Policy Owner may partially withdraw a portion of the Accumulation Value or
Surrender the Policy by sending a written request to AVLIC. The amount available
for Surrender is the Net Cash Surrender Value at the end of the Valuation Period
when the Surrender request is received at AVLIC's Home Office. Surrenders will
generally be paid within seven days of receipt of the written request. (See the
section on Postponement of Payments.) SURRENDERS MAY HAVE TAX CONSEQUENCES.
Surrenders may be subject to Surrender Charges. (See the section on Surrender
Charge.) Once a Policy is Surrendered, it may not be reinstated. (See the
section on Tax Treatment of Policy Proceeds.)
If the Policy is being Surrendered in its entirety, the Policy itself must be
returned to AVLIC along with the request. AVLIC will pay the Net Cash Surrender
Value. Coverage under the Policy will terminate as of the date of a total
Surrender. A Policy Owner may elect to have the amount paid in a lump sum or
under a payment option. (See the section on Payment Options.)
PARTIAL WITHDRAWALS
Partial withdrawals are irrevocable. The amount of a partial withdrawal may not
be less than $500. The Net Cash Surrender Value after a partial withdrawal must
be at least $1,000 or an amount sufficient to maintain the Policy in force for
the remainder of the Policy Year.
The amount paid will be deducted from the Investment Options according to your
instructions when you request the withdrawal. However, the minimum amount
remaining in a Subaccount as a result of the allocation is $100. If no
instructions are given, the amounts will be withdrawn in proportion to the
various Accumulation Values in the Investment Options.
The Death Benefit will be reduced by the amount of any partial withdrawal and
may affect the way the Cost of Insurance charge is calculated and the amount of
pure insurance protection under the Policy. (See the sections on Monthly
Deduction-- Cost of Insurance and Death Benefit Options--Methods of Affecting
Insurance Protection.) If Death Benefit option B is in effect, the Specified
Amount will not change, but the Accumulation Value will be reduced.
In the first three Policy Years, the Specified Amount remaining in force after a
partial withdrawal may not be less than $500,000 for Insureds with an Issue Age
of 49 or less, and $250,000 for those with an Issue Age of 50 or more. In Policy
Years four through ten, the Specified Amount remaining in force following a
partial withdrawal must be at least $400,000 for Insureds with an Issue Age of
20-49 and $200,000 for those with Issue Ages of 50-80. After the 10th Policy
Year, the Specified Amount remaining in force following a partial withdrawal
must be at least $100,000, regardless of age. Any request for a partial
withdrawal that would reduce the Specified Amount below this amount will not be
implemented. A fee
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which does not exceed the lesser of $50 or 2% of the amount withdrawn is
deducted from the Accumulation Value. Currently, the charge is the lesser of $25
or 2% of the amount withdrawn. (See the section on Partial Withdrawal Charge.)
Partial withdrawals will also affect Net Policy Funding for determining whether
the Guaranteed Death Benefit provision is met.
TRANSFERS
Accumulation Value may be transferred among the Subaccounts of Separate Account
V and to the Fixed Account as often as desired. However, transfers out of the
Fixed Account may only be made during the 30 day period following the Policy
Anniversary Date, as noted below. The transfers may be ordered in person, by
mail or by telephone. The total amount transferred each time must be at least
$250, or the balance of the Subaccount, if less. The minimum amount that may
remain in a Subaccount or the Fixed Account after a transfer is $100. The first
15 transfers per Policy Year will be permitted free of charge. After that, a
transfer charge of $10 may be imposed each additional time amounts are
transferred. This amount will be deducted pro rata from each Subaccount (and if
applicable, the Fixed Account) in which the Policy Owner is invested. If you
have amounts in the Ameritas Portfolios as a result of the substitution which
occurred at the close of business on October 29, 1999 (Substitution Date"), the
following procedure applies until December 1, 1999: you may transfer amounts out
of the Ameritas Portfolios to any other Subaccount available under the Policy
without any administrative charge and without the transfer counting as one of
your "free transfers." (See the section on Transfer Charge.) Additional
restrictions on transfers may be imposed at the fund level. Specifically, Fund
managers may have the right to refuse sales, or suspend or terminate the
offering of portfolio shares, if they determine that such action is necessary in
the best interests of the portfolio's shareholders. If a Fund manager refuses a
transfer for any reason, the transfer will not be allowed. AVLIC will not be
able to process the transfer if the Fund manager refuses. Transfers resulting
from Policy loans or exercise of the exchange privilege will not be subject to a
transfer charge and will not be counted towards the 15 free transfers per Policy
Year. AVLIC may at any time revoke or modify the transfer privilege, including
the minimum amount transferable.
Transfers out of the Fixed Account, unless part of the dollar cost averaging
systematic program described below, may be made only during the 30 day period
following the Policy Anniversary Date in any Policy Year. Transfers out of the
Fixed Account are limited to the greater of (1) 25% of the Fixed Account
attributable to the Policy; (2) the largest transfer made by the Policy Owner
out of the Fixed Account during the last 13 months; or (3) $1,000. This
provision is not available while dollar cost averaging from the Fixed Account.
The privilege to initiate transactions by telephone will be made available to
Policy Owners automatically. The registered representative designated on the
application will have the authority to initiate telephone transfers. Policy
Owners who do not wish to authorize AVLIC to accept telephone transactions from
their registered representative must specify so on the application. AVLIC will
employ reasonable procedures to confirm that instructions communicated by
telephone are genuine, and if it does not, AVLIC may be liable for any losses
due to unauthorized or fraudulent instructions. The procedures AVLIC follows for
transactions initiated by telephone include, but are not limited to, requiring
the Policy Owner to provide the Policy number at the time of giving transfer
instructions; AVLIC's tape recording of all telephone transfer instructions; and
AVLIC providing written confirmation of telephone transactions.
SYSTEMATIC PROGRAMS
AVLIC may offer systematic programs as discussed below. These programs will be
subject to administrative guidelines AVLIC may establish from time to time. We
will count your transfers in these programs when determining whether the
transfer fee applies. Lower minimum amounts may be allowed to transfer as part
of a systematic program. No other separate fee is assessed when one of these
options is chosen. All other normal transfer restrictions, as described above,
also apply.
You can request participation in the available programs when purchasing the
Policy or at a later date. You can change the allocation percentage or
discontinue any program by sending written notice or calling the Home Office.
Other scheduled programs may be made available. AVLIC reserves the right to
modify, suspend, or terminate such programs at any time. Participation in any
systematic program will automatically terminate upon death of the Insured. Use
of systematic programs may not be advantageous, and does not guarantee success.
PORTFOLIO REBALANCING. Under the Portfolio Rebalancing program, you can instruct
AVLIC to reallocate the Accumulation Value among the Subaccounts (but not the
Fixed Account) on a systematic basis, according to your specified allocation
instructions.
DOLLAR COST AVERAGING. Under the Dollar Cost Averaging program, you can instruct
AVLIC to automatically transfer, on a systematic basis, a predetermined amount
or specified percentage from the Fixed Account or the Money Market Subaccount to
any other Subaccount(s). Dollar cost averaging is permitted from the Fixed
Account if each monthly transfer is no more than 1/36th of the value of the
Fixed Account at the time dollar cost averaging is established.
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EARNINGS SWEEP. This program permits systematic redistribution of earnings among
Investment Options.
FREE-LOOK PRIVILEGE
You may cancel the Policy within 10 days after you receive it, within 10 days
after AVLIC delivers a notice of your right of cancellation, or within 45 days
of completing Part I of the application, whichever is later. When allowed by
state law, the amount of the refund is the Net Premiums allocated to the
Investment Options, adjusted by investment gains and losses, plus the sum of all
charges deducted from premiums paid. Otherwise, the amount of the refund will
equal the gross premiums paid. To cancel the Policy, you should mail or deliver
it to the selling agent, or to AVLIC at the Home Office. A refund of premiums
paid by check may be delayed until the check has cleared your bank. (See the
section on Postponement of Payments.)
EXCHANGE PRIVILEGE
During the first 24 Policy Months after the Policy Date of the Policy, you may
exchange the Policy for a flexible premium adjustable life insurance policy
approved for exchange and issued by AVLIC or an affiliate. No new evidence of
insurability will be required.
The Policy Date, Issue Age and rate class for the Insured will be the same under
the new policy as under the old. In addition, the Policy provisions and
applicable charges for the new policy and its riders will be based on the same
policy date and issue age as under the Policy. Accumulation values for the
exchange and payments will be established after making adjustments for
investment gains or losses and after recognizing variance, if any, between
payment or charges, dividends or accumulation values under the flexible contract
and under the new policy. You may elect either the same specified amount or the
same net amount at risk for the new policy as under the old.
To make the change, the Policy, a completed application for exchange and any
required payment must be received by AVLIC. The exchange will be effective on
the valuation date when all financial and contractual arrangements for the new
policy have been completed.
PAYMENT AND ALLOCATION OF PREMIUMS
ISSUANCE OF A POLICY
Individuals wishing to purchase a Policy must complete an application and submit
it to AVLIC's Home Office (5900 "O" Street, P.O. Box 82550, Lincoln, Nebraska
68501). A Policy will generally be issued only to individuals 20-80 years of age
on their nearest birthday who supply satisfactory evidence of insurability to
AVLIC. Acceptance is subject to AVLIC's underwriting rules, and AVLIC reserves
the right to reject an application for any reason.
The Policy Date is the effective date for all coverage in the original
application. The Policy Date is used to determine Policy Anniversary Dates,
Policy Years and Policy Months. The Issue Date is the date that all financial,
contractual and administrative requirements have been met and processed for the
Policy. The Policy Date and the Issue Date will be the same unless: (1) an
earlier Policy Date is specifically requested, or (2) additional premiums or
application amendments are needed. When there are additional requirements before
issue (see below) the Policy Date will be the date the Policy is sent for
delivery and the Issue Date will be the date the requirements are met.
When all required premiums and application amendments have been received by
AVLIC in its Home Office, the Issue Date will be the date the Policy is mailed
to you or sent to the agent for delivery to you. When application amendments or
additional premiums need to be obtained upon delivery of the Policy, the Issue
Date will be when the Policy receipt and federal funds (monies of member banks
within the Federal Reserve System which are held on deposit at a Federal Reserve
Bank) are received and available to AVLIC, and the application amendments are
received and reviewed in AVLIC's Home Office. On the Issue Date, the initial
premium payment will be allocated to the Money Market Subaccount for 13 days.
After the expiration of the 13-day period, the Accumulation Value will be
reallocated to the Investment Options you select.
Subject to approval, a Policy may be backdated, but the Policy Date may not be
more than six months prior to the date of the application. Backdating can be
advantageous if the Insured's lower Issue Age results in lower Cost of Insurance
Rates. If a Policy is backdated, the minimum initial premium required will
include sufficient premium to cover the backdating period.
Monthly Deductions will be made for the period the Policy Date is backdated.
Interim conditional insurance coverage may be issued prior to the Policy Date,
provided that certain conditions are met, upon the completion of an application
and the payment of the required premium at the time of the application. The
amount of the interim coverage is limited to the smaller of (1) the amount of
insurance applied for, (2) $100,000, or (3) $25,000 if the proposed Insured is
over age 60 at their nearest birthday.
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PREMIUMS
No insurance will take effect before the initial premium payment is received by
AVLIC in federal funds. The initial premium payment must be at least 1/12 of the
first year Guaranteed Death Benefit Premium times the number of months between
the Policy Date and the Issue Date, plus one. Subsequent premiums are payable at
AVLIC's Home Office. A Policy Owner has flexibility in determining the frequency
and amount of premiums. However, unless you have paid sufficient premiums to pay
the Monthly Deduction and Percent of Premium Charges, the Policy may have a zero
Net Cash Surrender Value and lapse. Net Policy Funding, if adequate, may satisfy
Guaranteed Death Benefit Premium requirements. (See the section on Policy
Benefits, Purposes of the Policy.)
PLANNED PERIODIC PREMIUMS. At the time the Policy is issued you may determine a
Planned Periodic Premium schedule that provides for the payment of level
premiums at selected intervals. The Planned Periodic Premium schedule may
include the Guaranteed Death Benefit Premium. You are not required to pay
premiums according to this schedule. You have considerable flexibility to alter
the amount and frequency of premiums paid. AVLIC reserves the right to limit the
number and amount of additional or unscheduled premium payments.
You may also change the frequency and amount of Planned Periodic Premiums by
sending a written request to the Home Office, although AVLIC reserves the right
to limit any increase. Premium payment notices will be sent annually,
semi-annually or quarterly, depending upon the frequency of the Planned Periodic
Premiums. Payment of the Planned Periodic Premiums does not guarantee that the
Policy remains in force unless the Guaranteed Death Benefit provision is in
effect. Instead, the duration of the Policy depends upon the Policy's Net Cash
Surrender Value. (See the section on Duration of the Policy.) Unless the
Guaranteed Death Benefit provision is in effect, even if Planned Periodic
Premiums are paid, the Policy will lapse any time the Net Cash Surrender Value
is insufficient to pay the Monthly Deduction, and the Grace Period expires
without a sufficient payment. (See the section on Policy Lapse and
Reinstatement.)
PREMIUM LIMITS. AVLIC's current minimum premium limit is $45, $15 if paid by
automatic bank draft. AVLIC currently has no maximum premium limit, other than
the current maximum premium limits established by federal tax laws. AVLIC
reserves the right to change any premium limit. In no event may the total of all
premiums paid, both planned and unscheduled, exceed the current maximum premium
limits established by federal tax laws. (See the section on Tax Status of the
Policy.)
If at any time a premium is paid which would result in total premiums exceeding
the current maximum premium limits, AVLIC will accept only that portion of the
premium which will make total premiums equal the maximum. Any part of the
premium in excess of that amount will be returned or applied as otherwise agreed
and no further premiums will be accepted until allowed by the current maximum
premium limits allowed by law. AVLIC may require additional evidence of
insurability if any premium payment would result in an increase in the Policy's
net amount at risk on the date the premium is received.
PREMIUMS UPON INCREASES IN SPECIFIED AMOUNT. Depending upon the Accumulation
Value of the Policy at the time of an increase in the Specified Amount of the
Policy and the amount of the increase requested by the Policy Owner, an
additional premium payment may be required. AVLIC will notify you of any premium
required to fund the increase, which premium must be made in a single payment.
The Accumulation Value of the Policy will be immediately increased by the amount
of the payment, less the applicable Percent of Premium Charge.
ALLOCATION OF PREMIUMS AND ACCUMULATION VALUE
ALLOCATION OF NET PREMIUMS. In the application for a Policy, the Policy Owner
allocates Net Premiums to one or more Subaccounts and/or to the Fixed Account.
Allocations must be whole number percentages and must total 100%. The allocation
of future Net Premiums may be changed without charge by providing proper
notification to the Home Office. If there is any Outstanding Policy Debt at the
time of a payment, AVLIC will treat the payment as a premium payment unless you
instruct otherwise by proper written notice.
On the Issue Date, the initial premium payment will be allocated to the Money
Market Subaccount for 13 days. Thereafter, the Accumulation Value will be
reallocated to the Investment Options you selected. Premium payments received by
AVLIC prior to the Issue Date are held in the General Account until the Issue
Date and are credited with interest at a rate determined by AVLIC for the period
from the date the payment has been converted into federal funds and is available
to AVLIC. In no event will interest be credited prior to the Policy Date.
The Accumulation Value of the Subaccounts will vary with the investment
performance of these Subaccounts and you, as the Policy Owner, will bear the
entire investment risk. This will affect the Policy's Accumulation Value, and
may affect the Death Benefit as well. You should periodically review your
allocations of premiums and values in light of market conditions and overall
financial planning requirements.
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POLICY LAPSE AND REINSTATEMENT
LAPSE. Unlike conventional life insurance policies, the failure to make a
Planned Periodic Premium payment will not itself cause the Policy to lapse.
Lapse will occur when the Net Cash Surrender Value is insufficient to cover the
Monthly Deduction and a Grace Period expires without a sufficient payment,
unless the Guaranteed Death Benefit provision is in effect. The Grace Period is
61 days from the date AVLIC mails a notice that the Grace Period has begun.
AVLIC will notify you at the beginning of the Grace Period by mail addressed to
your last known address on file with AVLIC.
The notice will specify the premium required to keep the Policy in force. The
required premium will equal the greater of (1) the amount necessary to cover the
Monthly Deductions and Percent of Premium Charges for the three Policy Months
after commencement of the Grace Period, or (2) the amount necessary to raise the
Net Cash Surrender Value above zero on the date of reinstatement. Failure to pay
the required premium within the Grace Period will result in lapse of the Policy.
If the Insured dies during the Grace Period, any overdue Monthly Deductions and
Outstanding Policy Debt will be deducted from the Death Benefit Proceeds. (See
the section on Charges and Deductions.)
REINSTATEMENT. A lapsed Policy may be reinstated any time within three years
(five years in Missouri) after the beginning of the Grace Period, but before the
Maturity Date. We will reinstate your Policy based on the Insured's rating class
at the time of the reinstatement.
Reinstatement is subject to the following:
(1) Evidence of insurability of the Insured satisfactory to AVLIC
(including evidence of insurability of any person covered by a rider
to reinstate the rider);
(2) Any Outstanding Policy Debt on the date of lapse will be reinstated
with interest due and accrued;
(3) The Policy cannot be reinstated if it has been Surrendered for its
full Net Cash Surrender Value;
(4) The minimum premium required at reinstatement is the greater of:
(a) the amount necessary to raise the Net Cash Surrender Value as of
the date of reinstatement to equal to or greater than zero; or
(b) three times the current Monthly Deduction.
The amount of Accumulation Value on the date of reinstatement will equal:
(1) The amount of the Net Cash Surrender Value on the date of lapse,
increased by
(2) The premium paid at reinstatement, less
(3) The Percent of Premium Charges and the amounts stated above, plus
(4) That part of the Contingent Deferred Sales Charge and Contingent
Deferred Administrative Charge that would apply if the Policy were
Surrendered on the date of reinstatement.
The last addition to the Accumulation Value is designed to avoid duplicate
Surrender Charges. The original Policy Date, and the dates of increases in the
Specified Amount (if applicable), will be used for purposes of calculating the
Surrender Charge. If any Outstanding Policy Debt is reinstated, that debt will
be held in AVLIC's General Account. Accumulation Value calculations will then
proceed as described under the section on Accumulation Value.
The effective date of reinstatement will be the first Monthly Activity Date on
or next following the date of approval by AVLIC of the application for
reinstatement.
CHARGES AND DEDUCTIONS
Charges will be deducted in connection with the Policy to compensate AVLIC for:
(1) providing the insurance benefits set forth in the Policy and any optional
insurance benefits added by rider; (2) administering the Policy and payment of
applicable taxes; (3) assuming certain risks in connection with the Policy; and
(4) incurring expenses in distributing the Policy. The nature and amount of
these charges are described more fully below.
DEDUCTIONS FROM PREMIUM PAYMENTS (PERCENT OF PREMIUM CHARGE)
SALES CHARGE. There are no sales charges deducted from premium payments in
connection with the Policy. The Policy is, however, subject to a Contingent
Deferred Sales Charge if the Policy is surrendered. (See the section on
Surrender Charge.)
PREMIUM CHARGE FOR TAXES. A deduction of up to 5% of the premium is made from
each premium payment to pay applicable taxes; currently the charge is 3.5%. The
deduction is an amount AVLIC considers necessary to pay all premium taxes
imposed by the states and their subdivisions, and to defray the tax cost due to
capitalizing certain Policy acquisition expenses as required under applicable
federal tax laws. (See the section on Federal Tax Matters.) AVLIC does not
expect to derive a profit from the Premium Charge for Taxes.
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CHARGES FROM ACCUMULATION VALUE
MONTHLY DEDUCTION. Charges will be deducted as of the Policy Date and on each
Monthly Activity Date thereafter from the Accumulation Value of the Policy to
compensate AVLIC for administrative expenses and insurance provided. These
charges will be allocated among the Subaccounts, and the Fixed Account on a pro
rata basis. Each of these charges is described in more detail below.
ADMINISTRATIVE EXPENSE CHARGE. To compensate AVLIC for the ordinary
administrative expenses expected to be incurred in connection with a Policy, the
Monthly Deduction includes a $9.00 per Policy charge (currently $5.00.) The
Administrative Expense Charge is levied throughout the life of the Policy and is
guaranteed not to increase above $9.00 per month. AVLIC does not expect to make
any profit from the Administrative Expense Charge.
COST OF INSURANCE. Because the Cost of Insurance depends upon several variables,
the cost for each Policy Month can vary from month to month. AVLIC will
determine the monthly Cost of Insurance by multiplying the applicable Cost of
Insurance Rate by the net amount at risk for each Policy Month. The net amount
at risk on any Monthly Activity Date is based on the amount by which the Death
Benefit which would have been payable on that Monthly Activity Date exceeds the
Accumulation Value on that date.
COST OF INSURANCE RATE. The Annual Cost of Insurance Rate is based on the
Insured's sex, Issue Age, Policy duration, Specified Amount, and rating class.
The rate will vary depending upon tobacco use and other risk factors. For the
initial Specified Amount, the Cost of Insurance Rate will not exceed those shown
in the Schedule of Guaranteed Annual Cost of Insurance Rates shown in the
schedule pages of the Policy. These guaranteed rates are based on the Insured's
Attained Age and are equal to the 1980 Insurance Commissioners Standard Ordinary
Smoker and Non-Smoker, Male and Female Mortality Tables. The current rates range
between 40% and 100% of the rates based on the 1980 Commissioners Standard
Ordinary Tables, based on AVLIC's own mortality experience. Policies issued on a
unisex basis are based on the 1980 Insurance Commissioners Standard Ordinary
Table B assuming 80% male and 20% female lives. The Cost of Insurance Rates,
Surrender Charges, and payment options for Policies issued in Montana and
certain other states are on a sex-neutral (unisex) basis. Any change in the Cost
of Insurance Rates will apply to all persons of the same age, sex, Specified
Amount and rating class and whose Policies have been in effect for the same
length of time.
If the rating class for any increase in the Specified Amount is not the same as
the rating class at issue, the Cost of Insurance Rate used after such increase
will be a composite rate based upon a weighted average of the rates of the
different rating classes. Decreases may be reflected in the Cost of Insurance
Rate, as discussed earlier.
The actual charges made during the Policy Year will be shown in the annual
report delivered to Policy Owners.
RATING CLASS. The rating class of an Insured will affect the Cost of Insurance
Rate. AVLIC currently places Insureds into both standard rating classes and
substandard rating classes that involve a higher mortality risk. In an otherwise
identical Policy, an Insured in the standard rating class will have a lower Cost
of Insurance Rate than an Insured in a rating class with higher mortality risks.
If, when issued, a Policy is rated with a tabular extra rating, the guaranteed
rate is a multiple of the guaranteed rate for a standard issue Policy. This
multiple factor is shown in the Schedule of Benefits in the Policy, and may be
from 1.18 to 4 times the guaranteed rate for a standard issue Policy.
If appropriate, Insureds may also be assigned a flat extra rating charge to
reflect higher mortality risks. The flat extra rating charge will be added to
the Cost of Insurance Rate and thus will be deducted as part of the Monthly
Deduction on each Monthly Activity Date.
SURRENDER CHARGE
If a Policy is Surrendered prior to the 14th Policy Anniversary Date, AVLIC will
assess a Surrender Charge based upon percentages of the premiums actually paid
and a charge per $1,000 of insurance issued based upon sex and Issue Age.
The total Surrender Charge on the initial Specified Amount is made up of two
parts, the Contingent Deferred Administrative Charge and Contingent Deferred
Sales Charge.
The Contingent Deferred Administrative Charge is an amount per $1,000 of
Specified Amount that varies by Issue Age and sex. It is 60% of the maximum
Surrender Charge not to exceed $24 per $1,000 of Specified Amount.
The Contingent Deferred Sales Charge will be based upon the actual premiums
received. It will be calculated as the lesser of (1) 30% of the premiums
received up to the SEC Guideline Premium, plus 10% of the premiums received in
excess of the SEC Guideline, up to an amount equal to twice the SEC Guideline
Premium, plus 9% of the premiums received in excess of the second SEC Guideline
Premium; or (2) 40% of the maximum Surrender Charge not to exceed $16 per $1,000
of Specified Amount. The SEC Guideline Premium is a benchmark amount, set by SEC
rule, which is relevant in defining the limits of certain charges we may assess.
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Your maximum Surrender Charge on a Policy we issue is $40.00 per $1,000 of
Specified Amount.
The Surrender Charge, if applicable, will be applied according to the following
schedule. Because the Surrender Charge may be significant upon early Surrender,
prospective Policy Owners should purchase a Policy only if they do not intend to
Surrender the Policy for a substantial period.
PERCENT OF SURRENDER
CHARGE MAXIMUM THAT PERCENT OF SURRENDER
WILL APPLY DURING CHARGE MAXIMUM THAT WILL
POLICY YEAR POLICY YEAR POLICY YEAR APPLY DURING POLICY YEAR
----------- ------------------- ------------ -------------------------
1-5 100% 11 40%
6 90% 12 30%
7 80% 13 20%
8 70% 14 10%
9 60% 15+ 0%
10 50%
No Surrender Charge will be assessed on decreases in the Specified Amount of the
Policy or partial withdrawals of Accumulation Value. AVLIC will, however, assess
Surrender Charges due to increases in the Specified Amount. The Contingent
Deferred Sales Charge component of the Surrender Charge will be assessed on such
increases based on the premiums allocated to the increase, at the lesser of (1)
15% of the allocated premiums received up to the SEC Guideline Premium, plus 5%
of the allocated premiums received in excess of the SEC Guideline Premium for
the increase, up to an amount equal to twice the SEC Guideline Premium for the
increase, plus 4.5% of the allocated premiums received in excess of two SEC
Guideline Premium(s) for the increase; or (2) 40% of the maximum Surrender
Charge applicable to the increase. The Contingent Deferred Administrative Charge
component of the Surrender Charge will be assessed on increases in the Specified
Amount as noted above with respect to the initial Specified Amount. It will be
based on the Attained Age at the time of the increase and the amount of the
increase in the Specified Amount. Surrender Charges in increases in the initial
Specified Amount will be applied with respect to Surrenders within 14 years of
the date of the increase.
The sales charges applied in any Policy Year are not necessarily related to
actual distribution expenses incurred in that year. Instead, AVLIC expects to
incur the majority of distribution expenses in the early Policy Years and to
recover amounts to pay such expenses over the life of the Policy. To the extent
that sales and distribution expenses exceed sales charges in any year, AVLIC
will pay such expenses from its other assets or surplus in its General Account,
including amounts from mortality and expense risk charges and other charges made
under the Policy. AVLIC believes that this distribution financing arrangement
will benefit Separate Account V and the Policy Owners.
TRANSFER CHARGE. After 15 transfers among the Investment Options in a Policy
Year, a transfer charge of $10 (guaranteed not to increase) may be imposed for
each additional transfer to compensate AVLIC for the costs of processing the
transfer. Since the charge reimburses AVLIC only for the cost of processing the
transfer, AVLIC does not expect to make any profit from the transfer charge.
This charge will be deducted pro rata from each Subaccount (and, if applicable,
the Fixed Account) in which the Policy Owner is invested. The transfer charge
will not be imposed on transfers that occur as a result of Policy loans or the
exercise of exchange rights.
If you have amounts in the Ameritas Portfolios as a result of the substitution
which occurred on the Substitution Date, the following procedure applies until
December 1, 1999: you may transfer amounts out of the Ameritas Portfolios to any
other Subaccount available under the Policy without any administrative charge
and without the transfer counting as one of your "free transfers."
PARTIAL WITHDRAWAL CHARGE. A charge will be imposed for each partial withdrawal.
This charge will compensate AVLIC for the administrative costs of processing the
requested payment and in making necessary calculations for any reductions in
Specified Amount which may be required because of the partial withdrawal. This
charge is currently the lesser of $25 or 2% of the amount withdrawn (guaranteed
not to be greater than the lesser of $50 or 2% of the amount withdrawn). No
Surrender Charge is assessed on a partial withdrawal and a partial withdrawal
charge is not assessed when a Policy is Surrendered.
DAILY CHARGES AGAINST THE SEPARATE ACCOUNT
A daily Mortality and Expense Risk Charge will be deducted from the value of the
net assets of Separate Account V to compensate AVLIC for mortality and expense
risks assumed in connection with the Policy. This daily charge from Separate
Account V is currently at the rate of 0.001912% (equivalent to an annual rate of
0.70%) for Policy Years 1-4 and 0.001229% (equivalent to an annual rate of
0.45%) for Policy Years 5-20. After the twentieth year the daily charge will be
applied at the rate of 0.000820% (equivalent to an annual rate of 0.30%) and
will not exceed 0.90% of the average daily net assets of Separate Account V. The
daily charge will be deducted from the net asset value of Separate Account V,
and therefore the
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Subaccounts, on each Valuation Date. Where the previous day or days was not a
Valuation Date, the deduction on the Valuation Date will be the applicable daily
rate multiplied by the number of days since the last Valuation Date. No
Mortality and Expense Risk Charges will be deducted from the amounts in the
Fixed Account.
AVLIC believes that this level of charge is within the range of industry
practice for comparable flexible premium variable universal life policies. The
mortality risk assumed by AVLIC is that Insureds may live for a shorter time
than calculated, and that the aggregate amount of Death Benefits paid will be
greater than initially estimated. The expense risk assumed is that expenses
incurred in issuing and administering the Policies will exceed the
administrative charges provided in the Policies.
An Asset-Based Administrative Expense Charge will also be deducted from the
value of the net assets of Separate Account V on a daily basis. Currently, there
is no charge applied for Policy Years 1-4. Thereafter, this charge is applied at
a rate of 0.000683% (equivalent to 0.25% annually) for Policy Years 5-20 and at
a rate of 0.000409% (equivalent to 0.15% annually) for each Policy Year
thereafter. The rate of this charge will never exceed 0.25% annually. No
Asset-Based Administrative Expense Charge will be deducted from the amounts in
the Fixed Account.
FUND EXPENSE SUMMARY
In addition to the charges against Separate Account V described just above,
management fees and expenses will be assessed by AIC, Fidelity, Alger
Management, MFS Co. and MSDW Investment Management against the amounts invested
in the various portfolios. No portfolio fees will be assessed against amounts
placed in the Fixed Account.
The information shown below relating to the Funds was provided to AVLIC by the
Funds and AVLIC has not independently verified such information. Each of the
Funds, other than the Ameritas Portfolios, is managed by an investment advisory
organization that is not affiliated with AVLIC. Each such organization is
entitled to receive a fee for its services based on the value of the relevant
portfolio's net assets. The Ameritas Portfolios are managed by AIC, an AVLIC
affiliate. Unless otherwise noted, the amount of expenses, including the asset
based advisory fee referred to above, borne by each portfolio for the fiscal
year ended December 31, 1998, was as follows:
<TABLE>
<CAPTION>
INVESTMENT WAIVERS TOTAL
ADVISORY OTHER AND/OR (REFLECTING
PORTFOLIO & MANAGEMENT EXPENSES TOTAL REIMBURSEMENTS WAIVERS AND/OR
REIMBURSEMENTS,
IF ANY)
<S> <C> <C> <C> <C> <C>
AMERITAS PORTFOLIOS(1)
Ameritas Money Market .21% .14% .35% .05% .30%
Ameritas Index 500 .24% .17% .41% .13% .28%
Ameritas Growth .75% .14% .89% .10% .79%
Ameritas Income & Growth .63% .19% .82% .12% .70%
Ameritas Small Capitalization .85% .15% 1.00% .11% .89%
Ameritas MidCap Growth .80% .17% .97% .13% .84%
Ameritas Emerging Growth .75% .16% .91% .06% .85%
Ameritas Research .75% .40% 1.15% .29% .86%
Ameritas Growth With Income .75% .25% 1.00% .12% .88%
FIDELITY FUNDS
VIP Equity-Income .49% .09% .58% .01% .57%(2)
VIP Growth .59% .09% .68% .02% .66%(2)
VIP High Income .58% .12% .70% - .70%
VIP Overseas .74% .17% .91% .02% .89%(2)
VIP II Asset Manager .54% .10% .64% .01% .63%(2)
VIP II Investment Grade Bond .43% .14% .57% - .57%
VIP II Asset Manager: Growth .59% .14% .73% .01% .72%(2)
VIP II Contrafund .59% .11% .70% .04% .66%(2)
ALGER AMERICAN FUND(3)
Balanced .75% .17% .92% - .92%
Leveraged AllCap .85% .11% .96% - .96%
MFS TRUST
Utilities .75% .26%(4) 1.01% - 1.01%
Global Governments .75% .36%(4) 1.11% .11% 1.00%(5)
New Discovery .90% 4.32%(4) 5.22% 4.07% 1.15%(5)
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MSDW UNIVERSAL FUNDS
Emerging Markets Equity 1.25% 2.20% 3.45% 1.50% 1.95%(6)
Global Equity .80% .83% 1.63% .48% 1.15%(6)
International Magnum .80% 1.00% 1.80% .65% 1.15%(6)
Asian Equity .80% 2.00% 2.80% 1.59% 1.21%(6)
U.S. Real Estate .80% .93% 1.73% .63% 1.10%(6)
</TABLE>
(1) This is a new Fund. Total expenses are estimated. Each portfolio's aggregate
expenses are limited to the advisory and administrative fees disclosed in
the table under the column "Total (reflecting waivers and/or reimbursements,
if any)" for a period of one year following the Substitution Date. Following
this one year period, expenses of the Ameritas Portfolios will not be
permitted to exceed an expense ratio which is .10% greater than the prior
expense ratio of the corresponding replaced fund, unless an amendment to the
investment advisory contract is approved modifying or eliminating the
expense guarantee.
(2) A portion of the brokerage commissions that certain Funds pay was used to
reduce Fund expenses. In addition, certain Funds, or Fidelity on behalf of
certain Funds, have entered into arrangements with their custodian whereby
credits realized as a result of uninvested cash balances were used to reduce
custodian expenses. The total operating expenses reflect these reductions.
(3) Fred Alger Management, Inc. ("Alger Management") has agreed to reimburse the
portfolios to the extent that the aggregate annual expenses (excluding
interest, taxes, fees for brokerage services and extraordinary expenses)
exceed respectively: Alger American Balanced, 1.25%, and Alger American
Leveraged AllCap, 1.50%. Included in "Other Expenses" of Leveraged AllCap is
.03% of interest expense.
(4) Each MFS Trust series has an expense offset arrangement which reduces the
series' custodian fee based upon the amount of cash maintained by the series
with its custodian and dividend disbursing agent. Each series may enter into
other such arrangements and directed brokerage arrangements (which would
also have the effect of reducing the series' expenses). Expenses do not take
into account these expense reductions and are therefore higher than the
actual expenses of the series.
(5) MFS has agreed to bear expenses for the Global Governments Series and New
Discovery Series, subject to reimbursement by the series, such that each
series "Other Expenses" shall not exceed .25% of the average daily net
assets of the series during the current fiscal year. Utilities Series has no
such limitation. The payments made by MFS on behalf of the Global
Governments Series and New Discovery Series under this arrangement are
subject to reimbursement by the series to MFS, which will be accomplished by
the payment of an expense reimbursement fee by the series to MFS computed
and paid monthly at a percentage of the series average daily net assets for
its then current fiscal year, with a limitation that immediately after such
payment the series "Other Expenses" will not exceed the percentage set forth
above for that series. The obligation of MFS to bear a series "Other
Expenses" pursuant to this arrangement and the series' obligation to pay the
reimbursement fee to MFS, terminates on the earlier of the date on which
payments made by the series equal the prior payment of such reimbursement
expenses by MFS, or December 31, 2004.
(6) For the fiscal year ended December 31, 1998 portfolio expenses were
voluntarily reduced by the Fund's investment adviser. After reduction, the
total expenses were as stated.
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<PAGE>
Expense reimbursement agreements are expected to continue in future years but
may be terminated at any time. As long as the expense limitations continue for a
portfolio, if a reimbursement occurs, it has the effect of lowering the
portfolio's expense ratio and increasing its total return.
AVLIC may receive administrative fees from the investment advisers of certain
Funds. AVLIC currently does not assess a separate charge against Separate
Account V or the Fixed Account for any federal, state or local income taxes.
AVLIC may, however, make such a charge in the future if income or gains within
Separate Account V will incur any federal, or any significant state or local
income tax liability, or if the federal, state or local tax treatment of AVLIC
changes.
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<PAGE>
GENERAL PROVISIONS
THE CONTRACT. The Policy, the application, any supplemental applications, and
any riders, amendments or endorsements make up the entire contract. Only the
President, Vice President, Secretary or Assistant Secretary can modify the
Policy. Any changes must be made in writing, and approved by AVLIC. No agent has
the authority to alter or modify any of the terms, conditions or agreements of
the Policy or to waive any of its provisions. The rights and benefits under the
Policy are summarized in this prospectus; however prospectus disclosure
regarding the Policy is qualified in its entirety by the Policy itself, a copy
of which is available upon request from AVLIC.
CONTROL OF POLICY. The Policy Owner is as shown in the application or subsequent
written endorsement. Subject to the rights of any irrevocable Beneficiary and
any assignee of record, all rights, options, and privileges belong to the Policy
Owner, if living; otherwise to any successor-owner or owners, if living;
otherwise to the estate of the last Policy Owner to die.
BENEFICIARY. Policy Owners may name both primary and contingent Beneficiaries in
the application. Payments will be shared equally among Beneficiaries of the same
class unless otherwise stated. If a Beneficiary dies before the Insured,
payments will be made to any surviving Beneficiaries of the same class;
otherwise to any Beneficiary(ies) of the next class; otherwise to the Policy
Owner; otherwise to the estate of the Policy Owner.
CHANGE OF BENEFICIARY. The Policy Owner may change the Beneficiary by written
request at any time during the Insured's lifetime unless otherwise provided in
the previous designation of Beneficiary. The change will take effect as of the
date the change is recorded at the Home Office. AVLIC will not be liable for any
payment made or action taken before the change is recorded.
CHANGE OF POLICY OWNER OR ASSIGNMENT. In order to change the Policy Owner of the
Policy or assign Policy rights, an assignment of the Policy must be made in
writing and filed with AVLIC at its Home Office. Any such assignment is subject
to Outstanding Policy Debt. The change will take effect as of the date the
change is recorded at the Home Office, and AVLIC will not be liable for any
payment made or action taken before the change is recorded. Payment of Death
Benefit Proceeds is subject to the rights of any assignee of record. A
collateral assignment is not a change of ownership.
PAYMENT OF PROCEEDS. The Death Benefit Proceeds are subject first to any debt to
AVLIC and then to the interest of any assignee of record. The balance of any
Death Benefit Proceeds shall be paid in one sum to the designated Beneficiary
unless an Optional Method of Payment is selected. If no Beneficiary survives the
Insured, the Death Benefit Proceeds shall be paid in one sum to the Policy
Owner, if living; otherwise to any successor-owner, if living; otherwise to the
Policy Owner's estate. Any proceeds payable on the Maturity Date or upon
Surrender shall be paid in one sum unless an Optional Method of Payment is
elected.
INCONTESTABILITY. AVLIC cannot contest the Policy or reinstated Policy during
the lifetime of the Insured after it has been in force for two years from the
Policy Date (or reinstatement effective date). After the Policy Date, AVLIC
cannot contest an increase in the Specified Amount or addition of a rider during
the lifetime of the Insured after such increase or addition has been in force
for two years from its effective date. However, this two year provision shall
not apply to riders with their own contestability provision.
MISSTATEMENT OF AGE AND SEX. If the age or sex of the Insured or any person
insured by rider has been misstated, the amount of the Death Benefit and any
added riders provided will be those that would be purchased by the most recent
deduction for the Cost of Insurance and the cost of any additional riders at the
Insured's correct age or sex. The Death Benefit Proceeds will be adjusted
correspondingly.
SUICIDE. The Policy does not cover suicide within two years of the Policy Date
unless otherwise provided by a state's Insurance law. If the Insured, while sane
or insane, commits suicide within two years after the Policy Date, AVLIC will
pay only the premiums received less any partial withdrawals, the cost for riders
and any outstanding Policy debt. If the Insured, while sane or insane, commits
suicide within two years after the effective date of any increase in the
Specified Amount, AVLIC's liability with respect to such increase will only be
its total Cost of Insurance applicable to the increase. The laws of Missouri
provide that death by suicide at any time is covered by the Policy, and further
that suicide by an insane person may be considered an accidental death.
POSTPONEMENT OF PAYMENTS. Payment of any amount upon Surrender, partial
withdrawal, Policy loans, benefits payable at death or maturity, and transfers
may be postponed whenever: (1) the New York Stock Exchange ("NYSE") is closed
other than customary weekend and holiday closings, or trading on the NYSE is
restricted as determined by the SEC; (2) the SEC by order permits postponement
for the protection of Policy Owners; (3) an emergency exists, as determined by
the SEC, as a result of which disposal of securities is not reasonably
practicable or it is not reasonably practicable to determine the value of
Separate Account V's net assets; or (4) Surrenders, loans or partial withdrawals
from the Fixed Account may be deferred for
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<PAGE>
up to 6 months from the date of written request. Payments under the Policy of
any amounts derived from premiums paid by check may be delayed until such time
as the check has cleared the Policy Owner's bank.
REPORTS AND RECORDS. AVLIC will maintain all records relating to Separate
Account V and will mail to the Policy Owner, at the last known address of
record, within 30 days after each Policy Anniversary, an annual report which
shows the current Accumulation Value, Net Cash Surrender Value, Death Benefit,
premiums paid, Outstanding Policy Debt and other information. Quarterly
statements are also mailed detailing Policy activity during the calendar
quarter. Instead of receiving an immediate confirmation of transactions made
pursuant to some types of periodic payment plan (such as a dollar cost averaging
program, or payment made by automatic bank draft or salary reduction
arrangement), the Policy Owner may receive confirmation of such transactions in
their quarterly statements. The Policy Owner should review the information in
these statements carefully. All errors or corrections must be reported to AVLIC
immediately to assure proper crediting to the Policy. AVLIC will assume all
transactions are accurately reported on quarterly statements unless AVLIC is
notified otherwise within 30 days after receipt of the statement. The Policy
Owner will also be sent a periodic report for the Funds and a list of the
portfolio securities held in each portfolio of the Funds.
ADDITIONAL INSURANCE BENEFITS (RIDERS). Subject to certain requirements, one or
more of the following additional insurance benefits may be added to a Policy by
rider. All riders are not available in all states. The cost, if any, of
additional insurance benefits will be deducted as part of the Monthly Deduction.
(See the section on Charges From Accumulation Value--Monthly Deduction.)
ACCELERATED BENEFIT RIDER FOR TERMINAL ILLNESS (LIVING BENEFIT RIDER).
Upon satisfactory proof of terminal illness after the two-year
contestable period, (no waiting period in certain states) AVLIC will
accelerate the payment of up to 50% of the lowest scheduled Death
Benefit as provided by eligible coverages, less an amount up to two
guideline level premiums.
Future premium allocations after the payment of the benefit must be
allocated to the Fixed Account. Payment will not be made for amounts
less than $4,000 or more than $250,000 on all policies issued by AVLIC
or its affiliates. AVLIC may charge the lesser of 2% of the benefit or
$50 as an expense charge to cover the costs of administration.
Satisfactory proof of terminal illness must include a written statement
from a licensed physician who is not related to the Insured or the
Policy Owner stating that the Insured has a non-correctable medical
condition that, with a reasonable degree of medical certainty, will
result in the death of the Insured in less than 12 months (6 months in
certain states) from the date of the physician's statement. Further, the
condition must first be diagnosed while the Policy is in force.
The accelerated benefit first will be used to repay any Outstanding
Policy Debt, and will also affect future loans, partial withdrawals, and
Surrenders. The accelerated benefit will be treated as a lien against
the Policy Death Benefit and will thus reduce the Death Benefit
Proceeds. Interest on the lien will be charged at the Policy loan
interest rate. There is no extra premium for this rider.
ACCIDENTAL DEATH BENEFIT RIDER. This rider provides additional insurance
if the Insured's death results from accidental death, as defined in the
rider. Under the terms of the rider, the additional benefits provided in
the Policy will be paid upon receipt of proof by AVLIC that death
resulted directly and independently of all other causes from accidental
bodily injuries incurred before the rider terminates and within 91 days
after such injuries were incurred.
CHILDREN'S PROTECTION RIDER. This rider provides for term insurance on
the Insured's children, as defined in the rider. Under the terms of the
rider, the Death Benefit will be payable to the named Beneficiary upon
the death of any insured child. Upon receipt of proof of the Insured's
death before the rider terminates, the rider will be considered paid up
for the term of the rider.
WAIVER OF MONTHLY DEDUCTIONS ON DISABILITY RIDER. This rider provides
for the waiver of Monthly Deductions for the Policy and all riders while
the Insured is disabled.
GUARANTEED INSURABILITY RIDER. This rider provides that the Policy Owner
can purchase additional insurance for the Insured by increasing the
Specified Amount of the Policy at certain future dates without evidence
of insurability.
DISABILITY BENEFIT PAYMENT RIDER. This rider provides for the payment by
AVLIC of a disability benefit in the form of premiums while the Insured
is disabled. The benefit amount may be chosen by the Policy Owner at the
issue of the rider. In addition, while the Insured is totally disabled,
the Cost of Insurance for the rider will not be deducted from
Accumulation Value.
TERM RIDER FOR COVERED INSURED. This rider provides a specified amount
of insurance to the Beneficiary upon receipt of Satisfactory Proof of
Death of any covered Insured, as identified in the rider.
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<PAGE>
DISTRIBUTION OF THE POLICIES
The principal underwriter for the Policies is AIC, a wholly owned subsidiary of
AMAL Corporation and an affiliate of AVLIC. AIC was organized under Nebraska law
on December 29, 1983, and is registered as a broker-dealer with the SEC and is a
member of the National Association of Securities Dealers ("NASD"). AVLIC pays
AIC for acting as the principal underwriter under an Underwriting Agreement. In
1998, AIC received gross variable universal life compensation of $12,564,917,
and retained $394,171 in underwriting fees, and $3,514 in brokerage commissions
on AVLIC's variable universal life policies.
AIC offers its clients a wide variety of financial products and services and has
the ability to execute stock and bond transactions on a number of national
exchanges. AIC also serves as principal underwriter for AVLIC's variable
annuities, and for Ameritas Life's variable life and variable annuity. AIC is
the underwriter for the Ameritas Portfolios, and also serves as its investment
adviser. It also has executed selling agreements with a variety of mutual funds,
unit investment trusts and direct participation programs.
The Policies are sold through registered representatives of AIC or other
broker-dealers which have entered into selling agreements with AVLIC or AIC.
These registered representatives are also licensed by state insurance officials
to sell AVLIC's variable life policies. Each of the broker-dealers with a
selling agreement is registered with the SEC and is a member of the NASD.
Under these selling agreements, AVLIC pays commission to the broker-dealers,
which in turn pay commissions to the registered representative who sells this
Policy. During the first Policy Year, the commission may equal an amount up to
95% of the first year target premium paid plus the first year cost of any riders
and 2% for premiums paid in excess of the first year target premium. For Policy
Years two through four, the commission may equal an amount up to 2% of premiums
paid. Broker-dealers may also receive a service fee up to an annualized rate of
.25% of the Accumulation Value beginning in the fifth Policy Year. Compensation
arrangements may vary among broker-dealers. In addition, AVLIC may also pay
override payments, expense allowances, bonuses, wholesaler fees, and training
allowances. Registered representatives who meet certain production standards may
receive additional compensation. AVLIC may reduce or waive the sales charge
and/or other charges on any Policy sold to directors, officers or employees of
AVLIC or any of its affiliates, employees and registered representatives of any
broker-dealer that has entered into a sales agreement with AVLIC or AIC and the
spouses or children of the above persons. In no event will any such reduction or
waiver be permitted where it would be unfairly discriminatory to any person.
FEDERAL TAX MATTERS
The following discussion provides a general description of the federal income
tax considerations associated with the Policy and does not purport to be
complete or cover all situations. This discussion is not intended as tax advice.
No attempt has been made to consider in detail any applicable state or other tax
laws except premium taxes (See discussion in the section on Premium Charge for
Taxes). This discussion is based upon AVLIC's understanding of the relevant laws
at the time of filing. Counsel and other competent tax advisors should be
consulted for more complete information before a Policy is purchased. AVLIC
makes no representation as to the likelihood of the continuation of present
federal income tax laws nor of the interpretations by the Internal Revenue
Service. Federal tax laws are subject to change and thus tax consequences to the
Insured, Policy Owner or Beneficiary may be altered.
(1) TAXATION OF AVLIC. AVLIC is taxed as a life insurance company under Part
I of Subchapter L of the Internal Revenue Code of 1986, (the "Code"). At
this time, since Separate Account V is not a separate entity from AVLIC,
and its operations form a part of AVLIC, it will not be taxed separately
as a "regulated investment company" under Subchapter M of the Code. Net
investment income and realized net capital gains on the assets of
Separate Account V are reinvested and automatically retained as a part
of the reserves of the Policy and are taken into account in determining
the Death Benefit and Accumulation Value of the Policy. AVLIC believes
that Separate Account V net investment income and realized net capital
gains will not be taxable to the extent that such income and gains are
retained as reserves under the Policy.
AVLIC does not currently expect to incur any federal income tax
liability attributable to Separate Account V with respect to the sale of
the Policies. Accordingly, no charge is being made currently to Separate
Account V for federal income taxes. If, however, AVLIC determines that
it may incur such taxes attributable to Separate Account V, it may
assess a charge for such taxes against Separate Account V.
AVLIC may also incur state and local taxes (in addition to premium taxes
for which a deduction from premiums is currently made). At present, they
are not charges against Separate Account V. If there is a material
change in state
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<PAGE>
or local tax laws, charges for such taxes attributable to Separate
Account V, if any, may be assessed against Separate Account V.
(2) TAX STATUS OF THE POLICY. The Code (Section 7702) includes a definition
of a life insurance contract for federal tax purposes which places
limitations on the amount of premiums that may be paid for the Policy
and the relationship of the Accumulation Value to the Death Benefit.
AVLIC believes that the Policy meets the statutory definition of a life
insurance contract. If the Death Benefit of a Policy is changed, the
applicable defined limits may change. In the case of a decrease in the
Death Benefit, a partial Surrender, a change in Death Benefit option, or
any other such change that reduces future benefits under the Policy
during the first 15 years after a Policy is issued and that results in a
cash distribution to the Policy Owners in order for the Policy to
continue complying with the Section 7702 defined limits on premiums and
Accumulation Values, such distributions will be taxable as ordinary
income to the Policy Owner (to the extent of any gain in the Policy) as
prescribed in Section 7702.
The Code (Section 7702A) also defines a "modified endowment contract"
for federal tax purposes. If a life insurance policy is classified as a
modified endowment contract, distributions from it (including loans) are
taxed as ordinary income to the extent of any gain. This Policy will
become a "modified endowment contract" if the premiums paid into the
Policy fail to meet a 7-pay premium test as outlined in Section 7702A of
the Code.
Certain benefits the Insured may elect under this Policy may be material
changes affecting the 7-pay premium test. These include, but are not
limited to, changes in Death Benefits and changes in the Specified
Amount. Should the Policy become a "modified endowment contract" partial
withdrawals, full Surrenders, assignments, pledges, and loans (including
loans to pay loan interest) under the Policy will be taxable to the
extent of any gain under the Policy. A 10% penalty tax also applies to
the taxable portion of any distribution made prior to the taxpayer's age
59 1/2. The 10% penalty tax does not apply if the distribution is made
because the taxpayer becomes disabled as defined under the Code or if
the distribution is paid out in the form of a life annuity on the life
of the taxpayer or the joint lives of the taxpayer and Beneficiary. One
may avoid a Policy becoming a modified endowment contract by, among
other things, not making excessive payments or reducing benefits. Should
you deposit excessive premiums during a Policy Year, that portion that
is returned by AVLIC within 60 days after the Policy Anniversary Date
will reduce the premiums paid to avoid the Policy becoming a modified
endowment contract. All modified endowment policies issued by AVLIC to
the same Policy Owner in any 12 month period are treated as one modified
endowment contract for purposes of determining taxable gain under
Section 72(e) of the Internal Revenue Code. Any life insurance policy
received in exchange for a modified endowment contract will also be
treated as a modified endowment contract. You should contact a competent
tax professional before paying additional premiums or making other
changes to the Policy to determine whether such payments or changes
would cause the Policy to become a modified endowment contract.
The Code (Section 817(h)) also authorizes the Secretary of the Treasury
(the "Treasury") to set standards by regulation or otherwise for the
investments of Separate Account V to be "adequately diversified" in
order for the Policy to be treated as a life insurance contract for
federal tax purposes. Separate Account V, through the Funds, intends to
comply with the diversification requirements prescribed by the Treasury
in regulations published in the Federal Register on March 2, 1989, which
affect how the Fund's assets may be invested.
While AIC, an AVLIC affiliate, is the adviser to certain of the
portfolios, AVLIC does not have control over any of the Funds or their
investments. However, AVLIC believes that the Funds will be operated in
compliance with the diversification requirements of the Internal Revenue
Code. Thus, AVLIC believes that the Policy will be treated as a life
insurance contract for federal tax purposes.
In connection with the issuance of regulations relating to the
diversification requirements, the Treasury announced that such
regulations do not provide guidance concerning the extent to which
policy owners may direct their investments to particular divisions of a
separate account. Regulations in this regard may be issued in the
future. It is not clear what these regulations will provide nor whether
they will be prospective only. It is possible that when regulations are
issued, the Policy may need to be modified to comply with such
regulations. For these reasons, AVLIC reserves the right to modify the
Policy as necessary to prevent the Policy Owner from being considered
the owner of the assets of Separate Account V or otherwise to qualify
the Policy for favorable tax treatment.
The following discussion assumes that the Policy will qualify as a life
insurance contract for federal tax purposes.
(3) TAX TREATMENT OF POLICY PROCEEDS. AVLIC believes that the Policy will be
treated in a manner consistent with a fixed benefit life insurance
policy for federal income tax purposes. Thus, AVLIC believes that the
Death Benefit payable prior to the original Maturity Date will generally
be excludable from the gross income of the Beneficiary under Section
101(a)(1) of the Code and the Policy Owner will not be deemed to be in
constructive receipt of the
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<PAGE>
Accumulation Value under the Policy until its actual Surrender. However,
in the event of certain cash distributions under the Policy resulting
from any change which reduces future benefits under the Policy, the
distribution will be taxed in whole or in part as ordinary income (to
the extent of gain in the Policy.) See previous discussion on Tax Status
of the Policy.
AVLIC also believes that loans received under a Policy will be treated
as debt of the Policy Owner and that no part of any loan under a Policy
will constitute income to the Policy Owner so long as the Policy remains
in force, unless the Policy becomes a "modified endowment contract." See
discussion of modified endowment contract distributions in the section
on Tax Status of the Policy. Should the Policy lapse while Policy loans
are outstanding the portion of the loans attributable to earnings will
become taxable. Generally, interest paid on any loan under a Policy
owned by an individual will not be tax-deductible.
Except for policies with respect to a limited number of key persons of
an employer (both as defined in the Internal Revenue Code), and subject
to applicable interest rate caps and debt limits, the Health Insurance
Portability and Accountability Act of 1996 (the "Health Insurance Act")
generally repeals the deduction for interest paid or accrued after
October 13, 1995 on loans from corporate owned life insurance policies
on the lives of officers, employees or persons financially interested in
the taxpayer's trade or business. Certain transitional rules for then
existing debt are included in the Health Insurance Act. The transitional
rules include a phase-out of the deduction for debt incurred (1) before
January 1, 1996, or (2) before January 1, 1997, for policies entered
into in 1994 or 1995. The phase-out of the interest expense deduction
occurs over a transition period between October 13, 1995 and January 1,
1999. There is also a special rule for pre-June 21, 1986 policies. The
Taxpayer Relief Act of 1997 ("TRA '97"), further expanded the interest
deduction disallowance for businesses by providing, with respect to
policies issued after June 8, 1997, that no deduction is allowed for
interest paid or accrued on any debt with respect to life insurance
covering the life of any individual (except as noted above under pre-'97
law with respect to key persons and pre-June 21, 1986 policies). TRA '97
also provides that no deduction is permissible for premiums paid on a
life insurance policy if the taxpayer is directly or indirectly a
beneficiary under the policy. Also under TRA "97 and subject to certain
exceptions, for policies issued after June 8, 1997, no deduction is
allowed for that portion of a taxpayer's interest expense that is
allocable to unborrowed policy cash values. This disallowance generally
does not apply to policies owned by natural persons.
Policy Owners should consult a competent tax advisor concerning the tax
implications of these changes for their Policies.
The right to exchange the Policy for a flexible premium adjustable life
insurance policy (See the section on Exchange Privilege.), the right to
change Policy Owners (See the section on General Provisions.), and the
provision for partial withdrawals (See the section on Surrenders.) may
have tax consequences depending on the circumstances of such exchange,
change, or withdrawal. Upon complete Surrender or when Maturity Benefits
are paid, if the amount received plus any Outstanding Policy Debt
exceeds the total premiums paid (the "basis") that are not treated as
previously withdrawn by the Policy Owner, the excess generally will be
taxed as ordinary income.
Federal estate and state and local estate, inheritance, and other tax
consequences of ownership or receipt of Death Benefit Proceeds depend on
applicable law and the circumstances of each Policy Owner or
Beneficiary. In addition, if the Policy is used in connection with
tax-qualified retirement plans, certain limitations prescribed by the
Internal Revenue Service on, and rules with respect to the taxation of,
life insurance protection provided through such plans may apply. The
advice of competent tax counsel should be sought in connection with use
of life insurance in a qualified plan.
SAFEKEEPING OF THE SEPARATE ACCOUNT'S ASSETS
AVLIC holds the assets of Separate Account V. The assets are kept physically
segregated and held separately and apart from the General Account assets, except
for the Fixed Account. AVLIC maintains records of all purchases and redemptions
of Funds' shares by each of the Subaccounts.
THIRD PARTY SERVICES
AVLIC is aware that certain third parties are offering investment advisory,
asset allocation, money management and timing services in connection with the
Policies. AVLIC does not engage any such third parties to offer such services of
any type. In certain cases, AVLIC has agreed to honor transfer instructions from
such services where it has received powers of attorney, in a form acceptable to
it, from the Policy Owners participating in the service. Firms or persons
offering such services do so independently from any agency relationship they may
have with AVLIC for the sale of Policies. AVLIC takes no responsibility for the
investment allocations and transfers transacted on a Policy Owner's behalf by
such third parties or any
ENCORE!
37
<PAGE>
investment allocation recommendations made by such parties. Policy Owners should
be aware that fees paid for such services are separate and in addition to fees
paid under the Policies.
VOTING RIGHTS
AVLIC is the legal holder of the shares held in the Subaccounts of Separate
Account V and as such has the right to vote the shares, to elect Directors of
the Funds, and to vote on matters that are required by the Investment Company
Act of 1940 and upon any other matter that may be voted upon at a shareholder
meeting. To the extent required by law, AVLIC will vote all shares of each of
the Funds held in Separate Account V at regular and special shareholder meetings
of the Funds according to instructions received from Policy Owners based on the
number of shares held as of the record date for such meeting.
The number of Fund shares in a Subaccount for which instructions may be given by
a Policy Owner is determined by dividing the Accumulation Value held in that
Subaccount by the net asset value of one share in the corresponding portfolio of
the Fund. Fractional shares will be counted. Fund shares held in each Subaccount
for which no timely instructions from Policy Owners are received and Fund shares
held in each Subaccount which do not support Policy Owner interests will be
voted by AVLIC in the same proportion as those shares in that Subaccount for
which timely instructions are received. Voting instructions to abstain on any
item to be voted will be applied on a pro rata basis to reduce the votes
eligible to be cast. Should applicable federal securities laws or regulations
permit, AVLIC may elect to vote shares of the Fund in its own right.
DISREGARD OF VOTING INSTRUCTION. AVLIC may, if required by state insurance
officials, disregard voting instructions if those instructions would require
shares to be voted to cause a change in the subclassification or investment
objectives or policies of one or more of the Funds' portfolios, or to approve or
disapprove an investment adviser or principal underwriter for the Funds. In
addition, AVLIC itself may disregard voting instructions that would require
changes in the investment objectives or policies of any portfolio or in an
investment adviser or principal underwriter for the Funds, if AVLIC reasonably
disapproves those changes in accordance with applicable federal regulations. If
AVLIC does disregard voting instructions, it will advise Policy Owners of that
action and its reasons for the action in the next annual report or proxy
statement to Policy Owners.
STATE REGULATION OF AVLIC
AVLIC, a stock life insurance company organized under the laws of Nebraska, is
subject to regulation by the Nebraska Department of Insurance. On or before
March 1 of each year an NAIC convention blank covering the operations and
reporting on the financial condition of AVLIC and Separate Account V as of
December 31 of the preceding year must be filed with the Nebraska Department of
Insurance. Periodically, the Nebraska Department of Insurance examines the
liabilities and reserves of AVLIC and Separate Account V.
In addition, AVLIC is subject to the insurance laws and regulations of other
states within which it is licensed or may become licensed to operate. The
Policies offered by the prospectus are available in the various states as
approved. Generally, the Insurance Department of any other state applies the
laws of the state of domicile in determining permissible investments.
EXECUTIVE OFFICERS AND DIRECTORS OF AVLIC
This list shows name and position(s) with AVLIC followed by the principal
occupations for the last five years. Where an individual has held more than one
position with an organization during the last 5-year period, the last position
held has been given.
LAWRENCE J. ARTH, DIRECTOR, CHAIRMAN OF THE BOARD, AND CHIEF EXECUTIVE OFFICER*
Director, Chairman of the Board, and Chief Executive Officer: Ameritas Life;
also serves as officer and/or director of other subsidiaries and/or affiliates
of Ameritas Life.
WILLIAM J. ATHERTON, DIRECTOR, PRESIDENT, AND CHIEF OPERATING OFFICER*
Director: AMAL Corporation; President: North American Security Life Insurance
Company; also served as officer and/or director of other subsidiaries and/or
affiliates of North American.
KENNETH C. LOUIS, DIRECTOR, EXECUTIVE VICE PRESIDENT*
Director, President and Chief Operating Officer: Ameritas Life; also serves as
officer and/or director of other subsidiaries and/or affiliates of Ameritas
Life.
GARY R. MCPHAIL, DIRECTOR, EXECUTIVE VICE PRESIDENT**
Director, President, and Chief Executive Officer: AmerUs Life; also serves as
officer and/or director of other subsidiaries and/or affiliates of AmerUs Life;
Executive Vice President--Marketing and Individual Operations: New York Life
Insurance Company; President: Lincoln National Sales Corporation.
ENCORE!
38
<PAGE>
CHARLES J. CAVANAUGH, SENIOR VICE PRESIDENT, NATIONAL SALES MANAGER*
Director, Product Manufacturing and Supply: Merrill Lynch Insurance Group;
Director of Marketing: ITT Hartford Life Insurance Companies.
BRIAN J. CLARK, VICE PRESIDENT-FIXED ANNUITY PRODUCT DEVELOPMENT**
Senior Vice President--Product Management: AmerUs Life.
MICHAEL G. FRAIZER, DIRECTOR**
Controller: AmerUs Life; also serves as director of an affiliate of AVLIC.
THOMAS C. GODLASKY, DIRECTOR, SENIOR VICE PRESIDENT AND CHIEF INVESTMENT
OFFICER**
Executive Vice President and Chief Investment Officer: AmerUs Life Holdings,
Inc.; Executive Vice President and Chief Investment Officer: AmerUs Life (f.k.a.
American Mutual Life Insurance Company); Manager-Fixed Income and Derivatives
Department: Providian Corporation; also serves as director of an affiliate of
AVLIC; also serves as officer and/or director of other affiliates of AmerUs
Life.
JOSEPH K. HAGGERTY, ASSISTANT GENERAL COUNSEL**
Senior Vice President and General Counsel: AmerUs Life Holdings, Inc.; Senior
Vice President and General Counsel: AmerUs Life (f.k.a. American Mutual Life
Insurance Company f.k.a. Central Life Assurance Company***); Senior Vice
President, Deputy General Counsel: I.C.H. Corporation; also serves as an officer
to an affiliate of AVLIC, and served as officer and/or director of other
subsidiaries and/or affiliates of I.C.H. Corporation; also serves as officer of
other affiliates of AmerUs Life.
SANDRA K. HOLMES, VICE PRESIDENT-FIXED ANNUITY CUSTOMER SERVICE**
Senior Vice President: AmerUs Life (f.k.a. American Mutual Life Insurance
Company, f.k.a. Central Life Assurance Company***).
KENNETH R. JONES, VICE PRESIDENT-CORPORATE COMPLIANCE AND ASSISTANT SECRETARY*
Vice President, Corporate Compliance & Assistant Secretary: Ameritas Life; also
serves as officer of other subsidiaries and/or affiliates of Ameritas Life.
CYNTHIA J. LAVELLE, VICE PRESIDENT--PRODUCT, OPERATIONS AND TECHNOLOGY*
Assistant Vice President--Variable Operations: Ameritas Life.
WILLIAM W. LESTER, TREASURER*
Senior Vice President - Investments and Treasurer: Ameritas Life; also serves as
officer of affiliates of Ameritas Life.
JOANN M. MARTIN, DIRECTOR, CONTROLLER*
Senior Vice President and Chief Financial Officer: Ameritas Life; also serves as
officer and/or director of other subsidiaries and/or affiliates of Ameritas
Life.
SHIELA SANDY, ASSISTANT SECRETARY**
Manager Annuity Services: AmerUs Life (f.k.a. American Mutual Life Insurance
Company).
DONALD R. STADING, SECRETARY AND GENERAL COUNSEL*
Senior Vice President, Secretary and Corporate General Counsel: Ameritas Life;
also serves as officer and/or director of other subsidiaries and/or affiliates
of Ameritas Life.
KEVIN WAGONER, ASSISTANT TREASURER**
Director Investment Accounting: AmerUs Life (f.k.a. American Mutual Life
Insurance Company, f.k.a. Central Life Assurance Company***); Senior Financial
Analyst: Target Stores.
* Principal business address: Ameritas Variable Life Insurance Company, 5900
"O" Street, P.O. Box 82550, Lincoln, Nebraska 68501
** Principal business address: AmerUs Life Insurance Company, 611 Fifth
Avenue, Des Moines, Iowa 50309
*** Central Life Assurance Company merged with American Mutual Life Insurance
Company on December 31, 1994. Central Life Assurance Company was the
survivor of the merger. Contemporaneous with the merger, Central Life
Assurance Company changed its name to American Mutual Life Insurance
Company. (American Mutual Life Insurance Company changed its name to AmerUs
Life Insurance Company on July 1, 1996.)
ENCORE!
39
<PAGE>
LEGAL MATTERS
All matters of Nebraska law pertaining to the Policy, including the validity of
the Policy and AVLIC's right to issue the Policy under Nebraska Insurance Law,
have been passed upon by Donald R. Stading, Secretary and General Counsel of
AVLIC.
LEGAL PROCEEDINGS
There are no legal proceedings to which Separate Account V is a party or to
which the assets of Separate Account V are subject. AVLIC is not involved in any
litigation that is of material importance in relation to its ability to meet its
obligations under the Policies, or that relates to Separate Account V. AIC is
not involved in any litigation that is of material importance in relation to its
ability to perform under its underwriting agreement.
EXPERTS
The financial statements of AVLIC as of December 31, 1998 and 1997, and for each
of the three years in the period ended December 31, 1998, and the financial
statements of Separate Account V as of December 31, 1998, and for each of the
three years in the period then ended, included in this prospectus have been
audited by Deloitte & Touche LLP, independent auditors, as stated in their
reports appearing herein, and are included in reliance upon the reports of such
firm given upon their authority as experts in accounting and auditing.
Actuarial matters included in this prospectus have been examined by Russell J.
Wiltgen, Vice President - Individual Product Management of Ameritas Life
Insurance Corp., as stated in the opinion filed as an exhibit to the
registration statement.
ADDITIONAL INFORMATION
A registration statement has been filed with the Securities and Exchange
Commission, under the Securities Act of 1933, as amended, with respect to the
Policy offered hereby. This prospectus does not contain all the information set
forth in the registration statement and the amendments and exhibits to the
registration statement, to all of which reference is made for further
information concerning Separate Account V, AVLIC and the Policy offered hereby.
Statements contained in this prospectus as to the contents of the Policy and
other legal instruments are summaries. For a complete statement of the terms
thereof reference is made to such instruments as filed.
FINANCIAL STATEMENTS
The financial statements of AVLIC which are included in this prospectus should
be considered only as bearing on the ability of AVLIC to meet its obligations
under the Policies. They should not be considered as bearing on the investment
performance of the assets held in Separate Account V.
ENCORE!
40
<PAGE>
INDEPENDENT AUDITORS' REPORT
Board of Directors
Ameritas Variable Life Insurance Company
Lincoln, Nebraska
We have audited the accompanying statement of net assets of Ameritas Variable
Life Insurance Company Separate Account V as of December 31, 1998, and the
related statements of operations and changes in net assets for each of the three
years in the period then ended. These financial statements are the
responsibility of the Company's management. Our responsibility is to express an
opinion on these financial statements based on our audits.
We conducted our audits in accordance with generally accepted auditing
standards. Those standards 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. Our procedures included
confirmation of securities owned as of December 31, 1998. An audit also includes
assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation.
We believe that our audits provide a reasonable basis for our opinion.
In our opinion, such financial statements present fairly, in all material
respects, the financial position of Ameritas Variable Life Insurance Company
Separate Account V as of December 31, 1998, and the results of its operations
and changes in its net assets for each of the three years in the period then
ended, in conformity with generally accepted accounting principles.
/s/ DELOITTE & TOUCHE LLP
Lincoln, Nebraska
February 5, 1999
F-I-1
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
STATEMENT OF NET ASSETS
DECEMBER 31, 1998
<TABLE>
<S> <C>
ASSETS
INVESTMENTS AT NET ASSET VALUE:
VARIABLE INSURANCE PRODUCTS FUND:
Money Market Portfolio -- 11,105,124.310 shares at
$1.00 per share (cost $11,105,124).................... $ 11,105,124
Equity Income Portfolio -- 1,160,172.618 shares at
$25.42 per share (cost $20,499,629)................... 29,491,589
Growth Portfolio -- 1,030,142.884 shares at $44.87 per
share (cost $24,624,171).............................. 46,222,512
High Income Portfolio -- 716,563.299 shares at $11.53
per share (cost $7,807,467)........................... 8,261,973
Overseas Portfolio -- 729,187.972 shares at $20.05 per
share (cost $11,215,340).............................. 14,620,219
VARIABLE INSURANCE PRODUCTS FUND II:
Asset Manager Portfolio -- 1,752,919.543 shares at
$18.16 per share (cost $24,869,155)................... 31,833,018
Investment Grade Bond Portfolio -- 343,207.716 shares
at $12.96 per share (cost $4,095,562)................. 4,447,972
Contrafund Portfolio -- 562,154.419 shares at $24.44
per share (cost $10,069,000).......................... 13,739,056
Index 500 Portfolio -- 140,383.148 shares at $141.25
per share (cost $14,386,677).......................... 19,829,119
Asset Manager Growth Portfolio -- 194,121.333 shares at
$17.03 per share (cost $2,789,533).................... 3,305,886
ALGER AMERICAN FUND:
Small Capitalization Portfolio -- 506,281.724 shares at
$43.97 per share (cost $17,693,318)................... 22,261,208
Growth Portfolio -- 438,715.956 shares at $53.22 per
share (cost $15,340,061).............................. 23,348,463
Income and Growth Portfolio -- 533,655.926 shares at
$13.12 per share (cost $5,605,420).................... 7,001,566
Midcap Growth Portfolio -- 390,902.572 shares at $28.87
per share (cost $7,966,295)........................... 11,285,358
Balanced Portfolio -- 210,014.615 shares at $12.98 per
share (cost $2,268,208)............................... 2,725,989
Leveraged Allcap Portfolio -- 158,890.232 shares at
$34.90 per share (cost $3,600,937).................... 5,545,268
MFS VARIABLE INSURANCE TRUST:
Emerging Growth Series Portfolio -- 568,954.541 shares
at $21.47 per share (cost $8,532,284)................. 12,215,454
World Governments Series Portfolio -- 51,660.465 shares
at $10.88 per share (cost $532,514)................... 562,066
Utilities Series Portfolio -- 166,350.240 shares at
$19.82 per share (cost $2,770,572).................... 3,297,063
Research Series Portfolio -- 156,106.437 shares at
$19.05 per share (cost $2,571,889).................... 2,973,827
Growth with Income Series Portfolio -- 175,680.697
shares at $20.11 per share (cost $3,038,764).......... 3,532,938
MORGAN STANLEY UNIVERSAL FUNDS:
Asian Equity Portfolio -- 63,862.444 shares at $5.23
per share (cost $388,097)............................. 334,000
Emerging Markets Equity Portfolio -- 115,841.118 shares
at $7.11 per share (cost $1,187,272).................. 823,632
Global Equity Portfolio -- 159,586.755 shares at $13.14
per share (cost $1,951,259)........................... 2,096,971
International Magnum Portfolio -- 83,104.465 shares at
$11.23 per share (cost $938,486)...................... 933,263
U.S. Real Estate Portfolio -- 87,708.290 shares at
$9.80 per share (cost $951,045)....................... 859,540
------------
NET ASSETS REPRESENTING EQUITY OF POLICYOWNERS......... $282,653,074
============
</TABLE>
The accompanying notes are an integral part of these financial statements.
F-I-2
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
STATEMENTS OF OPERATIONS
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996
<TABLE>
<CAPTION>
VARIABLE INSURANCE PRODUCTS FUND
------------------------------------
MONEY EQUITY
MARKET INCOME GROWTH
TOTAL PORTFOLIO PORTFOLIO PORTFOLIO
----------- --------- ---------- -----------
<S> <C> <C> <C> <C>
1998
INVESTMENT INCOME:
Dividend distributions received.............. $ 3,349,781 $ 571,068 $ 350,608 $ 167,972
Mortality and expense risk charge............ (2,163,874) (100,578) (257,976) (354,109)
----------- --------- ---------- -----------
NET INVESTMENT INCOME (LOSS)................... 1,185,907 470,490 92,632 (186,137)
----------- --------- ---------- -----------
REALIZED AND UNREALIZED GAIN (LOSS) ON
INVESTMENTS:
Net realized gain (loss) on investments...... 17,147,973 -- 1,247,753 4,393,780
Net change in unrealized appreciation
(depreciation)............................ 30,032,940 -- 1,327,445 8,556,162
----------- --------- ---------- -----------
NET GAIN (LOSS) ON INVESTMENTS................. 47,180,913 -- 2,575,198 12,949,942
----------- --------- ---------- -----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS.............................. $48,366,820 $ 470,490 $2,667,830 $12,763,805
=========== ========= ========== ===========
1997
INVESTMENT INCOME:
Dividend distributions received.............. $ 2,670,710 $ 463,675 $ 290,414 $ 177,070
Mortality and expense risk charge............ (1,574,558) (84,611) (201,066) (278,073)
----------- --------- ---------- -----------
NET INVESTMENT INCOME (LOSS)................... 1,096,152 379,064 89,348 (101,003)
----------- --------- ---------- -----------
REALIZED AND UNREALIZED GAIN (LOSS) ON
INVESTMENTS:
Net realized gain (loss) on investments...... 6,045,040 -- 1,460,138 792,600
Net change in unrealized appreciation
(depreciation)............................ 21,418,187 -- 3,371,385 5,089,744
----------- --------- ---------- -----------
NET GAIN (LOSS) ON INVESTMENTS................. 27,463,227 -- 4,831,523 5,882,344
----------- --------- ---------- -----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS.............................. $28,559,379 $ 379,064 $4,920,871 $ 5,781,341
=========== ========= ========== ===========
1996
INVESTMENT INCOME:
Dividend distributions received.............. $ 1,837,028 $ 383,333 $ 19,764 $ 56,401
Mortality and expense risk charge............ (1,085,616) (71,053) (141,453) (223,387)
----------- --------- ---------- -----------
NET INVESTMENT INCOME (LOSS)................... 751,412 312,280 (121,689) (166,986)
----------- --------- ---------- -----------
REALIZED AND UNREALIZED GAIN (LOSS) ON
INVESTMENTS:
Net realized gain (loss) on investments...... 4,152,296 -- 566,577 1,424,128
Net change in unrealized appreciation
(depreciation)............................ 7,185,902 -- 1,388,228 1,591,342
----------- --------- ---------- -----------
NET GAIN (LOSS) ON INVESTMENTS................. 11,338,198 -- 1,954,805 3,015,470
----------- --------- ---------- -----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS.............................. $12,089,610 $ 312,280 $1,833,116 $ 2,848,484
=========== ========= ========== ===========
</TABLE>
The accompanying notes are an integral part of these financial statements.
F-I-3
<PAGE>
<TABLE>
<CAPTION>
VARIABLE INSURANCE
PRODUCTS FUND VARIABLE INSURANCE PRODUCTS FUND II
------------------------ ---------------------------------------------------------------------
ASSET INVESTMENT ASSET MANAGER
HIGH INCOME OVERSEAS MANAGER GRADE BOND CONTRAFUND INDEX 500 GROWTH
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
----------- ---------- ---------- -------------- ---------- ---------- -------------
<S> <C> <C> <C> <C> <C> <C> <C>
$ 558,849 $ 271,677 $ 882,316 $146,622 $ 56,896 $ 131,792 $ 49,741
(73,002) (128,820) (271,404) (39,733) (93,506) (135,441) (25,300)
----------- ---------- ---------- -------- ---------- ---------- --------
485,847 142,857 610,912 106,889 (36,610) (3,649) 24,441
----------- ---------- ---------- -------- ---------- ---------- --------
355,102 800,734 2,646,949 17,396 418,590 305,253 232,615
(1,057,850) 959,668 637,938 179,497 2,407,939 3,342,102 175,258
----------- ---------- ---------- -------- ---------- ---------- --------
(702,748) 1,760,402 3,284,887 196,893 2,826,529 3,647,355 407,873
----------- ---------- ---------- -------- ---------- ---------- --------
$ (216,901) $1,903,259 $3,895,799 $303,782 $2,789,919 $3,643,706 $432,314
=========== ========== ========== ======== ========== ========== ========
$ 456,382 $ 183,138 $ 782,791 $138,030 $ 28,971 $ 32,977 $ --
(65,009) (115,217) (232,839) (25,608) (50,896) (71,508) (14,685)
----------- ---------- ---------- -------- ---------- ---------- --------
391,373 67,921 549,952 112,422 (21,925) (38,531) (14,685)
----------- ---------- ---------- -------- ---------- ---------- --------
56,407 727,004 1,963,611 -- 76,565 66,916 1,179
585,776 646,688 1,992,988 89,590 991,738 1,946,609 322,064
----------- ---------- ---------- -------- ---------- ---------- --------
642,183 1,373,692 3,956,599 89,590 1,068,303 2,013,525 323,243
----------- ---------- ---------- -------- ---------- ---------- --------
$ 1,033,556 $1,441,613 $4,506,551 $202,012 $1,046,378 $1,974,994 $308,558
=========== ========== ========== ======== ========== ========== ========
$ 346,977 $ 95,857 $ 701,929 $110,640 $ -- $ 523 $ 8,340
(52,366) (87,506) (192,161) (22,366) (12,082) (6,403) (2,489)
----------- ---------- ---------- -------- ---------- ---------- --------
294,611 8,351 509,768 88,274 (12,082) (5,880) 5,851
----------- ---------- ---------- -------- ---------- ---------- --------
67,887 105,443 578,783 -- 1,845 1,346 14,028
303,796 931,213 1,567,972 (39,903) 270,650 153,497 19,517
----------- ---------- ---------- -------- ---------- ---------- --------
371,683 1,036,656 2,146,755 (39,903) 272,495 154,843 33,545
----------- ---------- ---------- -------- ---------- ---------- --------
$ 666,294 $1,045,007 $2,656,523 $ 48,371 $ 260,413 $ 148,963 $ 39,396
=========== ========== ========== ======== ========== ========== ========
</TABLE>
F-I-4
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
STATEMENTS OF OPERATIONS
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996
<TABLE>
<CAPTION>
ALGER AMERICAN FUND
--------------------------------------------------------
SMALL INCOME AND MIDCAP
CAPITALIZATION GROWTH GROWTH GROWTH
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
-------------- ---------- ---------- ----------
<S> <C> <C> <C> <C>
1998
INVESTMENT INCOME:
Dividend distributions received............ $ -- $ 41,754 $ 17,735 $ --
Mortality and expense risk charge.......... (169,257) (155,688) (49,041) (81,791)
---------- ---------- ---------- ----------
NET INVESTMENT INCOME (LOSS)................. (169,257) (113,934) (31,306) (81,791)
---------- ---------- ---------- ----------
REALIZED AND UNREALIZED GAIN (LOSS) ON
INVESTMENTS:
Net realized gain (loss) on investments.... 2,446,741 2,551,580 490,671 742,049
Net change in unrealized appreciation
(depreciation).......................... 623,620 4,267,982 1,071,043 1,766,399
---------- ---------- ---------- ----------
NET GAIN (LOSS) ON INVESTMENTS............... 3,070,361 6,819,562 1,561,714 2,508,448
---------- ---------- ---------- ----------
NET INCREASE (DECREASE) IN NET ASSETS
RESULTING FROM OPERATION................... $2,901,104 $6,705,628 $1,530,408 $2,426,657
========== ========== ========== ==========
1997
INVESTMENT INCOME:
Dividend distributions received............ $ -- $ 32,883 $ 12,791 $ 3,623
Mortality and expense risk charge.......... (142,416) (98,937) (28,862) (62,763)
---------- ---------- ---------- ----------
NET INVESTMENT INCOME (LOSS)................. (142,416) (66,054) (16,071) (59,140)
---------- ---------- ---------- ----------
REALIZED AND UNREALIZED GAIN (LOSS) ON
INVESTMENTS:
Net realized gain (loss) on investments.... 550,941 59,552 105,818 88,340
Net change in unrealized appreciation
(depreciation).......................... 1,210,960 2,142,136 755,171 768,190
---------- ---------- ---------- ----------
NET GAIN (LOSS) ON INVESTMENTS............... 1,761,901 2,201,688 860,989 856,530
---------- ---------- ---------- ----------
NET INCREASE (DECREASE) IN NET ASSETS
RESULTING FROM OPERATIONS.................. $1,619,485 $2,135,634 $ 844,918 $ 797,390
========== ========== ========== ==========
1996
INVESTMENT INCOME:
Dividend distributions received............ $ -- $ 3,908 $ 24,326 $ --
Mortality and expense risk charge.......... (118,508) (58,005) (13,912) (38,781)
---------- ---------- ---------- ----------
NET INVESTMENT INCOME (LOSS)................. (118,508) (54,097) 10,414 (38,781)
---------- ---------- ---------- ----------
REALIZED AND UNREALIZED GAIN (LOSS) ON
INVESTMENTS:
Net realized gain (loss) on investments.... 51,224 165,191 813,188 74,978
Net change in unrealized appreciation
(depreciation).......................... 368,251 592,282 (557,847) 330,732
---------- ---------- ---------- ----------
NET GAIN (LOSS) ON INVESTMENTS............... 419,475 757,473 255,341 405,710
---------- ---------- ---------- ----------
NET INCREASE (DECREASE) IN NET ASSETS
RESULTING FROM OPERATIONS.................. $ 300,967 $ 703,376 $ 265,755 $ 366,929
========== ========== ========== ==========
</TABLE>
- ---------------
(1) Commenced business 04/08/97
(2) Commenced business 04/03/97
The accompanying notes are an integral part of these financial statements.
F-I-5
<PAGE>
<TABLE>
<CAPTION>
ALGER AMERICAN FUND MFS VARIABLE INSURANCE TRUST
----------------------- -------------------------------------------------------------------------------
LEVERAGED EMERGING WORLD UTILITIES RESEARCH GROWTH WITH
BALANCED ALLCAP GROWTH SERIES GOVERNMENTS SERIES SERIES INCOME SERIES
PORTFOLIO PORTFOLIO PORTFOLIO SERIES PORTFOLIO PORTFOLIO PORTFOLIO(1) PORTFOLIO(2)
--------- ---------- ------------- ---------------- --------- ------------ -------------
<S> <C> <C> <C> <C> <C> <C> <C>
$ 24,247 $ -- $ -- $ 3,936 $ 24,469 $ 2,571 $ --
(16,462) (31,317) (83,222) (3,503) (20,971) (17,327) (19,348)
--------- ---------- ---------- ------- -------- -------- --------
7,785 (31,317) (83,222) 433 3,498 (14,756) (19,348)
--------- ---------- ---------- ------- -------- -------- --------
107,704 147,338 76,320 -- 111,249 33,714 --
417,950 1,626,709 2,714,274 29,642 262,317 383,697 490,661
--------- ---------- ---------- ------- -------- -------- --------
525,654 1,774,047 2,790,594 29,642 373,566 417,411 490,661
--------- ---------- ---------- ------- -------- -------- --------
$ 533,439 $1,742,730 $2,707,372 $30,075 $377,064 $402,655 $471,313
========= ========== ========== ======= ======== ======== ========
$ 12,338 $ -- $ -- $ 3,537 $ -- $ -- $ 6,744
(10,092) (17,451) (44,359) (1,978) (7,542) (2,824) (2,761)
--------- ---------- ---------- ------- -------- -------- --------
2,246 (17,451) (44,359) 1,559 (7,542) (2,824) 3,983
--------- ---------- ---------- ------- -------- -------- --------
16,729 -- -- 1,603 -- -- 31,548
162,920 298,847 937,800 (6,568) 255,610 18,241 3,513
--------- ---------- ---------- ------- -------- -------- --------
179,649 298,847 937,800 (4,965) 255,610 18,241 35,061
--------- ---------- ---------- ------- -------- -------- --------
$ 181,895 $ 281,396 $ 893,441 $(3,406) $248,068 $ 15,417 $ 39,044
========= ========== ========== ======= ======== ======== ========
$ 29,838 $ -- $ -- $ -- $ 9,070 $ -- $ --
(6,215) (5,432) (9,549) (913) (1,520) -- --
--------- ---------- ---------- ------- -------- -------- --------
23,623 (5,432) (9,549) (913) 7,550 -- --
--------- ---------- ---------- ------- -------- -------- --------
199,719 4,125 21,561 -- 23,532 -- --
(168,250) 17,914 32,735 7,363 9,810 -- --
--------- ---------- ---------- ------- -------- -------- --------
31,469 22,039 54,296 7,363 33,342 -- --
--------- ---------- ---------- ------- -------- -------- --------
$ 55,092 $ 16,607 $ 44,747 $ 6,450 $ 40,892 $ -- $ --
========= ========== ========== ======= ======== ======== ========
</TABLE>
F-I-6
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
STATEMENTS OF OPERATIONS
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996
<TABLE>
<CAPTION>
MORGAN STANLEY UNIVERSAL FUNDS
----------------------------------------------
EMERGING GLOBAL
ASIAN EQUITY MARKETS EQUITY EQUITY
PORTFOLIO(1) PORTFOLIO(2) PORTFOLIO(3)
1998 ------------ -------------- ------------
<S> <C> <C> <C>
INVESTMENT INCOME:
Dividend distributions received........................ $ 2,129 $ 4,381 $ 14,013
Mortality and expense risk charge...................... (2,084) (7,282) (13,265)
-------- --------- ---------
NET INVESTMENT INCOME (LOSS)............................. 45 (2,901) 748
-------- --------- ---------
REALIZED AND UNREALIZED GAIN (LOSS) ON INVESTMENTS:
Net realized gain (loss) on investments................ -- -- 12,591
Net change in unrealized appreciation (depreciation)... (2,798) (219,226) 143,561
-------- --------- ---------
NET GAIN (LOSS) ON INVESTMENTS........................... (2,798) (219,226) 156,152
-------- --------- ---------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING FROM
OPERATIONS............................................. $ (2,753) $(222,127) $ 156,900
======== ========= =========
1997
INVESTMENT INCOME:
Dividend distributions received........................ $ 232 $ 4,896 $ 5,533
Mortality and expense risk charge...................... (495) (3,435) (2,294)
-------- --------- ---------
NET INVESTMENT INCOME (LOSS)............................. (263) 1,461 3,239
-------- --------- ---------
REALIZED AND UNREALIZED GAIN (LOSS) ON INVESTMENTS:
Net realized gain (loss) on investments................ -- 21,661 11,816
Net change in unrealized appreciation (depreciation)... (51,298) (144,415) 2,150
-------- --------- ---------
NET GAIN (LOSS) ON INVESTMENTS........................... (51,298) (122,754) 13,966
-------- --------- ---------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING FROM
OPERATIONS............................................. $(51,561) $(121,293) $ 17,205
======== ========= =========
1996
INVESTMENT INCOME:
Dividend distributions received........................ $ -- $ -- $ --
Mortality and expense risk charge...................... -- -- --
-------- --------- ---------
NET INVESTMENT INCOME (LOSS)............................. -- -- --
-------- --------- ---------
REALIZED AND UNREALIZED GAIN (LOSS) ON INVESTMENTS:
Net realized gain (loss) on investments................ -- -- --
Net change in unrealized appreciation (depreciation)... -- -- --
-------- --------- ---------
NET GAIN (LOSS) ON INVESTMENTS........................... -- -- --
-------- --------- ---------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING FROM
OPERATIONS............................................. $ -- $ -- $ --
======== ========= =========
</TABLE>
- ---------------
(1) Commenced business 04/22/97
(2) Commenced business 04/08/97
(3) Commenced business 04/17/97
(4) Commenced business 04/07/97
(5) Commenced business 04/28/97
The accompanying notes are an integral part of these financial statements.
F-I-7
<PAGE>
<TABLE>
<CAPTION>
MORGAN STANLEY UNIVERSAL FUNDS DREYFUS
---------------------------------- -----------
INTERNATIONAL U.S. REAL
MAGNUM ESTATE STOCK INDEX
PORTFOLIO(4) PORTFOLIO(5) PORTFOLIO
------------- ------------ -----------
<S> <C> <C> <C>
$ 2,795 $ 24,210 $ --
(6,689) (6,758) --
-------- --------- --------
(3,894) 17,452 --
-------- --------- --------
3,255 6,589 --
39,545 (110,595) --
-------- --------- --------
42,800 (104,006) --
-------- --------- --------
$ 38,906 $ (86,554) $ --
======== ========= ========
$ 15,852 $ 9,641 $ 9,192
(1,903) (1,584) (5,350)
-------- --------- --------
13,949 8,057 3,842
-------- --------- --------
1,056 11,556 --
(44,768) 19,091 54,025
-------- --------- --------
(43,712) 30,647 54,025
-------- --------- --------
$(29,763) $ 38,704 $ 57,867
======== ========= ========
$ -- $ -- $ 46,122
-- -- (21,515)
-------- --------- --------
-- -- 24,607
-------- --------- --------
-- -- 38,741
-- -- 366,600
-------- --------- --------
-- -- 405,341
-------- --------- --------
$ -- $ -- $429,948
======== ========= ========
</TABLE>
F-I-8
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
STATEMENTS OF CHANGES IN NET ASSETS
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996
<TABLE>
<CAPTION>
VARIABLE INSURANCE PRODUCTS FUND
--------------------------------------------
MONEY EQUITY
MARKET INCOME GROWTH
TOTAL PORTFOLIO PORTFOLIO PORTFOLIO
------------ ------------ ------------- -----------
<S> <C> <C> <C> <C>
1998
INCREASE (DECREASE) IN NET ASSETS FROM
OPERATIONS:
Net investment income (loss)........... $ 1,185,907 $ 470,490 $ 92,632 $ (186,137)
Net realized gain (loss) on
investments......................... 17,147,973 -- 1,247,753 4,393,780
Net change in unrealized appreciation
(depreciation)...................... 30,032,940 -- 1,327,445 8,556,162
------------ ----------- ----------- -----------
NET INCREASE (DECREASE) IN NET ASSETS
RESULTING FROM OPERATIONS.............. 48,366,820 470,490 2,667,830 12,763,805
NET INCREASE (DECREASE) FROM POLICYOWNER
TRANSACTIONS........................... 36,557,125 3,082,148 2,101,252 1,105,036
------------ ----------- ----------- -----------
TOTAL INCREASE (DECREASE) IN NET
ASSETS................................. 84,923,945 3,552,638 4,769,082 13,868,841
NET ASSETS AT JANUARY 1, 1998............ 197,729,129 7,552,486 24,722,507 32,353,671
------------ ----------- ----------- -----------
NET ASSETS AT DECEMBER 31, 1998.......... $282,653,074 $11,105,124 $29,491,589 $46,222,512
============ =========== =========== ===========
1997
INCREASE (DECREASE) IN NET ASSETS FROM
OPERATIONS:
Net investment income (loss)........... $ 1,096,152 $ 379,064 $ 89,348 $ (101,003)
Net realized gain (loss) on
investments......................... 6,045,040 -- 1,460,138 792,600
Net change in unrealized appreciation
(depreciation)...................... 21,418,187 -- 3,371,385 5,089,744
------------ ----------- ----------- -----------
NET INCREASE (DECREASE) IN NET ASSETS
RESULTING FROM OPERATIONS.............. 28,559,379 379,064 4,920,871 5,781,341
NET INCREASE (DECREASE) FROM POLICYOWNER
TRANSACTIONS........................... 33,090,017 (464,346) 2,617,832 382,227
------------ ----------- ----------- -----------
TOTAL INCREASE (DECREASE) IN NET
ASSETS................................. 61,649,396 (85,282) 7,538,703 6,163,568
NET ASSETS AT JANUARY 1, 1997............ 136,079,733 7,637,768 17,183,804 26,190,103
------------ ----------- ----------- -----------
NET ASSETS AT DECEMBER 31, 1997.......... $197,729,129 $ 7,552,486 $24,722,507 $32,353,671
============ =========== =========== ===========
1996
INCREASE (DECREASE) IN NET ASSETS FROM
OPERATIONS:
Net investment income (loss)........... $ 751,412 $ 312,280 $ (121,689) $ (166,986)
Net realized gain (loss) on
investments......................... 4,152,296 -- 566,577 1,424,128
Net change in unrealized appreciation
(depreciation)...................... 7,185,902 -- 1,388,228 1,591,342
------------ ----------- ----------- -----------
NET INCREASE (DECREASE) IN NET ASSETS
RESULTING FROM OPERATIONS.............. 12,089,610 312,280 1,833,116 2,848,484
NET INCREASE (DECREASE) FROM POLICYOWNER
TRANSACTIONS........................... 30,380,460 1,711,961 2,778,194 2,837,486
------------ ----------- ----------- -----------
TOTAL INCREASE (DECREASE) IN NET
ASSETS................................. 42,470,070 2,024,241 4,611,310 5,685,970
NET ASSETS AT JANUARY 1, 1996............ 93,609,663 5,613,527 12,572,494 20,504,133
------------ ----------- ----------- -----------
NET ASSETS AT DECEMBER 31, 1996.......... $136,079,733 $ 7,637,768 $17,183,804 $26,190,103
============ =========== =========== ===========
</TABLE>
The accompanying notes are an integral part of these financial statements.
F-I-9
<PAGE>
<TABLE>
<CAPTION>
VARIABLE INSURANCE PRODUCTS FUND VARIABLE INSURANCE PRODUCTS FUND II
--------------------------------- --------------------------------------------------------------------
ASSET INVESTMENT ASSET MANAGER
HIGH INCOME OVERSEAS MANAGER GRADE BOND CONTRAFUND INDEX 500 GROWTH
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
--------------- --------------- ----------- ---------- ----------- ----------- -------------
<S> <C> <C> <C> <C> <C> <C> <C>
$ 485,847 $ 142,857 $ 610,912 $ 106,889 $ (36,610) $ (3,649) $ 24,441
355,102 800,734 2,646,949 17,396 418,590 305,253 232,615
(1,057,850) 959,668 637,938 179,497 2,407,939 3,342,102 175,258
----------- ----------- ----------- ---------- ----------- ----------- ----------
(216,901) 1,903,259 3,895,799 303,782 2,789,919 3,643,706 432,314
353,039 (628,523) 353,744 1,166,836 3,190,211 5,349,378 582,288
----------- ----------- ----------- ---------- ----------- ----------- ----------
136,138 1,274,736 4,249,543 1,470,618 5,980,130 8,993,084 1,014,602
8,125,835 13,345,483 27,583,475 2,977,354 7,758,926 10,836,035 2,291,284
----------- ----------- ----------- ---------- ----------- ----------- ----------
$ 8,261,973 $14,620,219 $31,833,018 $4,447,972 $13,739,056 $19,829,119 $3,305,886
=========== =========== =========== ========== =========== =========== ==========
$ 391,373 $ 67,921 $ 549,952 $ 112,422 $ (21,925) $ (38,531) $ (14,685)
56,407 727,004 1,963,611 -- 76,565 66,916 1,179
585,776 646,688 1,992,988 89,590 991,738 1,946,609 322,064
----------- ----------- ----------- ---------- ----------- ----------- ----------
1,033,556 1,441,613 4,506,551 202,012 1,046,378 1,974,994 308,558
104,745 1,242,175 614,816 422,976 3,787,942 6,930,829 1,426,686
----------- ----------- ----------- ---------- ----------- ----------- ----------
1,138,301 2,683,788 5,121,367 624,988 4,834,320 8,905,823 1,735,244
6,987,534 10,661,695 22,462,108 2,352,366 2,924,606 1,930,212 556,040
----------- ----------- ----------- ---------- ----------- ----------- ----------
$ 8,125,835 $13,345,483 $27,583,475 $2,977,354 $ 7,758,926 $10,836,035 $2,291,284
=========== =========== =========== ========== =========== =========== ==========
$ 294,611 $ 8,351 $ 509,768 $ 88,274 $ (12,082) $ (5,880) $ 5,851
67,887 105,443 578,783 -- 1,845 1,346 14,028
303,796 931,213 1,567,972 (39,903) 270,650 153,497 19,517
----------- ----------- ----------- ---------- ----------- ----------- ----------
666,294 1,045,007 2,656,523 48,371 260,413 148,963 39,396
1,995,433 2,133,197 518,914 167,556 2,534,900 1,776,610 503,059
----------- ----------- ----------- ---------- ----------- ----------- ----------
2,661,727 3,178,204 3,175,437 215,927 2,795,313 1,925,573 542,455
4,325,807 7,483,491 19,286,671 2,136,439 129,293 4,639 13,585
----------- ----------- ----------- ---------- ----------- ----------- ----------
$ 6,987,534 $10,661,695 $22,462,108 $2,352,366 $ 2,924,606 $ 1,930,212 $ 556,040
=========== =========== =========== ========== =========== =========== ==========
</TABLE>
F-I-10
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
STATEMENTS OF CHANGES IN NET ASSETS
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996
<TABLE>
<CAPTION>
ALGER AMERICAN FUND
----------------------------------------------------------
SMALL INCOME AND MIDCAP
CAPITALIZATION GROWTH GROWTH GROWTH
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
-------------- ----------- ---------- -----------
<S> <C> <C> <C> <C>
1998
INCREASE (DECREASE) IN NET ASSETS FROM
OPERATIONS:
Net investment income (loss)................. $ (169,257) $ (113,934) $ (31,306) $ (81,791)
Net realized gain (loss) on investments...... 2,446,741 2,551,580 490,671 742,049
Net change in unrealized appreciation
(depreciation)............................. 623,620 4,267,982 1,071,043 1,766,399
----------- ----------- ---------- -----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS.............................. 2,901,104 6,705,628 1,530,408 2,426,657
NET INCREASE (DECREASE) FROM POLICYOWNER
TRANSACTIONS................................. 1,708,481 3,802,750 1,281,319 1,308,265
----------- ----------- ---------- -----------
TOTAL INCREASE (DECREASE) IN NET ASSETS........ 4,609,585 10,508,378 2,811,727 3,734,922
NET ASSETS AT JANUARY 1, 1998.................. 17,651,623 12,840,085 4,189,839 7,550,436
----------- ----------- ---------- -----------
NET ASSETS AT DECEMBER 31, 1998................ $22,261,208 $23,348,463 $7,001,566 $11,285,358
=========== =========== ========== ===========
1997
INCREASE (DECREASE) IN NET ASSETS FROM
OPERATIONS:
Net investment income (loss)................. $ (142,416) $ (66,054) $ (16,071) $ (59,140)
Net realized gain (loss) on investments...... 550,941 59,552 105,818 88,340
Net change in unrealized appreciation
(depreciation)............................. 1,210,960 2,142,136 755,171 768,190
----------- ----------- ---------- -----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS.............................. 1,619,485 2,135,634 844,918 797,390
NET INCREASE (DECREASE) FROM POLICYOWNER
TRANSACTIONS................................. 1,904,475 2,704,106 1,369,132 1,117,517
----------- ----------- ---------- -----------
TOTAL INCREASE (DECREASE) IN NET ASSETS........ 3,523,960 4,839,740 2,214,050 1,914,907
NET ASSETS AT JANUARY 1, 1997.................. 14,127,663 8,000,345 1,975,789 5,635,529
----------- ----------- ---------- -----------
NET ASSETS AT DECEMBER 31, 1997................ $17,651,623 $12,840,085 $4,189,839 $ 7,550,436
=========== =========== ========== ===========
1996
INCREASE (DECREASE) IN NET ASSETS FROM
OPERATIONS:
Net investment income (loss)................. $ (118,508) $ (54,097) $ 10,414 $ (38,781)
Net realized gain (loss) on investments...... 51,224 165,191 813,188 74,978
Net change in unrealized appreciation
(depreciation)............................. 368,251 592,282 (557,847) 330,732
----------- ----------- ---------- -----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING
FROM OPERATIONS.............................. 300,967 703,376 265,755 366,929
NET INCREASE (DECREASE) FROM POLICYOWNER
TRANSACTIONS................................. 3,449,194 2,618,412 791,272 2,585,782
----------- ----------- ---------- -----------
TOTAL INCREASE (DECREASE) IN NET ASSETS........ 3,750,161 3,321,788 1,057,027 2,952,711
NET ASSETS AT JANUARY 1, 1996.................. 10,377,502 4,678,557 918,762 2,682,818
----------- ----------- ---------- -----------
NET ASSETS AT DECEMBER 31, 1996................ $14,127,663 $ 8,000,345 $1,975,789 $ 5,635,529
=========== =========== ========== ===========
</TABLE>
- ---------------
(1) Commenced business 04/08/97
(2) Commenced business 04/03/97
The accompanying notes are an integral part of these financial statements.
F-I-11
<PAGE>
<TABLE>
<CAPTION>
ALGER AMERICAN FUND MFS VARIABLE INSURANCE TRUST
----------------------- ----------------------------------------------------------------------------
LEVERAGED EMERGING WORLD UTILITIES RESEARCH GROWTH WITH
BALANCED ALLCAP GROWTH SERIES GOVERNMENTS SERIES SERIES INCOME SERIES
PORTFOLIO PORTFOLIO PORTFOLIO SERIES PORTFOLIO PORTFOLIO PORTFOLIO(1) PORTFOLIO(2)
---------- ---------- ------------- ---------------- ---------- ------------ -------------
<S> <C> <C> <C> <C> <C> <C> <C>
$ 7,785 $ (31,317) $ (83,222) $ 433 $ 3,498 $ (14,756) $ (19,348)
107,704 147,338 76,320 -- 111,249 33,714 --
417,950 1,626,709 2,714,274 29,642 262,317 383,697 490,661
---------- ---------- ----------- -------- ---------- ---------- ----------
533,439 1,742,730 2,707,372 30,075 377,064 402,655 471,313
844,417 1,370,291 2,799,432 310,132 1,222,669 1,600,841 1,428,853
---------- ---------- ----------- -------- ---------- ---------- ----------
1,377,856 3,113,021 5,506,804 340,207 1,599,733 2,003,496 1,900,166
1,348,133 2,432,247 6,708,650 221,859 1,697,330 970,331 1,632,772
---------- ---------- ----------- -------- ---------- ---------- ----------
$2,725,989 $5,545,268 $12,215,454 $562,066 $3,297,063 $2,973,827 $3,532,938
========== ========== =========== ======== ========== ========== ==========
$ 2,246 $ (17,451) $ (44,359) $ 1,559 $ (7,542) $ (2,824) $ 3,983
16,729 -- -- 1,603 -- -- 31,548
162,920 298,847 937,800 (6,568) 255,610 18,241 3,513
---------- ---------- ----------- -------- ---------- ---------- ----------
181,895 281,396 893,441 (3,406) 248,068 15,417 39,044
253,322 962,301 3,250,610 41,843 1,057,600 954,914 1,593,728
---------- ---------- ----------- -------- ---------- ---------- ----------
435,217 1,243,697 4,144,051 38,437 1,305,668 970,331 1,632,772
912,916 1,188,550 2,564,599 183,422 391,662 -- --
---------- ---------- ----------- -------- ---------- ---------- ----------
$1,348,133 $2,432,247 $ 6,708,650 $221,859 $1,697,330 $ 970,331 $1,632,772
========== ========== =========== ======== ========== ========== ==========
$ 23,623 $ (5,432) $ (9,549) $ (913) $ 7,550 $ -- $ --
199,719 4,125 21,561 -- 23,532 -- --
(168,250) 17,914 32,735 7,363 9,810 -- --
---------- ---------- ----------- -------- ---------- ---------- ----------
55,092 16,607 44,747 6,450 40,892 -- --
421,333 1,071,187 2,401,694 161,157 332,223 -- --
---------- ---------- ----------- -------- ---------- ---------- ----------
476,425 1,087,794 2,446,441 167,607 373,115 -- --
436,491 100,756 118,158 15,815 18,547 -- --
---------- ---------- ----------- -------- ---------- ---------- ----------
$ 912,916 $1,188,550 $ 2,564,599 $183,422 $ 391,662 $ -- $ --
========== ========== =========== ======== ========== ========== ==========
</TABLE>
F-I-12
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
STATEMENTS OF CHANGES IN NET ASSETS
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996
<TABLE>
<CAPTION>
MORGAN STANLEY UNIVERSAL FUNDS
----------------------------------------------
EMERGING GLOBAL
ASIAN EQUITY MARKETS EQUITY EQUITY
PORTFOLIO(1) PORTFOLIO(2) PORTFOLIO(3)
1998 ------------ -------------- ------------
<S> <C> <C> <C>
INCREASE (DECREASE) IN NET ASSETS FROM OPERATIONS:
Net investment income (loss).......................... $ 45 $ (2,901) $ 748
Net realized gain (loss) on investments............... -- -- 12,591
Net change in unrealized appreciation(depreciation)... (2,798) (219,226) 143,561
-------- --------- ----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING FROM
OPERATIONS............................................ (2,753) (222,127) 156,900
NET INCREASE (DECREASE) FROM POLICYOWNER TRANSACTIONS... 149,362 308,380 1,088,835
-------- --------- ----------
TOTAL INCREASE (DECREASE) IN NET ASSETS................. 146,609 86,253 1,245,735
NET ASSETS AT JANUARY 1, 1998........................... 187,391 737,379 851,236
-------- --------- ----------
NET ASSETS AT DECEMBER 31, 1998......................... $334,000 $ 823,632 $2,096,971
======== ========= ==========
1997
INCREASE (DECREASE) IN NET ASSETS FROM OPERATIONS:
Net investment income (loss).......................... $ (263) $ 1,461 $ 3,239
Net realized gain (loss) on investments............... -- 21,661 11,816
Net change in unrealized appreciation
(depreciation)..................................... (51,298) (144,415) 2,150
-------- --------- ----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING FROM
OPERATIONS............................................ (51,561) (121,293) 17,205
NET INCREASE (DECREASE) FROM POLICYOWNER TRANSACTIONS... 238,952 858,672 834,031
-------- --------- ----------
TOTAL INCREASE (DECREASE) IN NET ASSETS................. 187,391 737,379 851,236
NET ASSETS AT JANUARY 1, 1997........................... -- -- --
-------- --------- ----------
NET ASSETS AT DECEMBER 31, 1997......................... $187,391 $ 737,379 $ 851,236
======== ========= ==========
1996
INCREASE (DECREASE) IN NET ASSETS FROM OPERATIONS:
Net investment income (loss).......................... $ -- $ -- $ --
Net realized gain (loss) on investments............... -- -- --
Net change in unrealized appreciation
(depreciation)..................................... -- -- --
-------- --------- ----------
NET INCREASE (DECREASE) IN NET ASSETS RESULTING FROM
OPERATIONS............................................ -- -- --
NET INCREASE (DECREASE) FROM POLICYOWNER TRANSACTIONS... -- -- --
-------- --------- ----------
TOTAL INCREASE (DECREASE) IN NET ASSETS................. -- -- --
NET ASSETS AT JANUARY 1, 1996........................... -- -- --
-------- --------- ----------
NET ASSETS AT DECEMBER 31, 1996......................... $ -- $ -- $ --
======== ========= ==========
</TABLE>
- ---------------
(1) Commenced business 04/22/97
(2) Commenced business 04/08/97
(3) Commenced business 04/17/97
(4) Commenced business 04/07/97
(5) Commenced business 04/28/97
The accompanying notes are an integral part of these financial statements.
F-I-13
<PAGE>
<TABLE>
<CAPTION>
MORGAN STANLEY
UNIVERSAL FUNDS DREYFUS
----------------------------- -----------
INTERNATIONAL U.S. REAL
MAGNUM ESTATE STOCK INDEX
PORTFOLIO(4) PORTFOLIO(5) PORTFOLIO
------------- ------------ -----------
<S> <C> <C> <C>
$ (3,894) $ 17,452 $ --
3,255 6,589 --
39,545 (110,595) --
-------- --------- -----------
38,906 (86,554) --
363,729 313,960 --
-------- --------- -----------
402,635 227,406 --
530,628 632,134 --
-------- --------- -----------
$933,263 $ 859,540 $ --
======== ========= ===========
$ 13,949 $ 8,057 $ 3,842
1,056 11,556 --
(44,768) 19,091 54,025
-------- --------- -----------
(29,763) 38,704 57,867
560,391 593,430 (2,270,889)
-------- --------- -----------
530,628 632,134 (2,213,022)
-- -- 2,213,022
-------- --------- -----------
$530,628 $ 632,134 $ --
======== ========= ===========
$ -- $ -- $ 24,607
-- -- 38,741
-- -- 366,600
-------- --------- -----------
-- -- 429,948
-- -- (409,104)
-------- --------- -----------
-- -- 20,844
-- -- 2,192,178
-------- --------- -----------
$ -- $ -- $ 2,213,022
======== ========= ===========
</TABLE>
F-I-14
<PAGE>
[THIS PAGE INTENTIONALLY LEFT BLANK]
F-I-15
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
NOTES TO FINANCIAL STATEMENTS
1. ORGANIZATION AND ACCOUNTING POLICIES
Ameritas Variable Life Insurance Company Separate Account V (the Account) was
established on August 28, 1985, under Nebraska law by Ameritas Variable Life
Insurance Company (AVLIC), a wholly-owned subsidiary of AMAL Corporation, a
holding company 66% owned by Ameritas Life Insurance Corp (ALIC) and 34% owned
by AmerUs Life Insurance Company (AmerUs). The assets of the Account are
segregated from AVLIC's other assets and are used only to support variable life
products issued by AVLIC.
The Account is registered under the Investment Company Act of 1940, as amended,
as a unit investment trust. At December 31, 1998, there are twenty-six
subaccounts within the Account. Five of the subaccounts invest only in a
corresponding Portfolio of Variable Insurance Products Fund and five invest only
in a corresponding Portfolio of Variable Insurance Products Fund II. Both funds
are diversified open-end management investment companies and are managed by
Fidelity Management and Research Company. Six of the subaccounts invest only in
a corresponding Portfolio of Alger American Fund which is a diversified open-end
management investment company managed by Fred Alger Management, Inc. Five of the
subaccounts invest only in a corresponding Portfolio of MFS Variable Insurance
Trust which is a diversified open-end management investment company managed by
Massachusetts Financial Services Company. Five of the subaccounts invest only in
a corresponding Portfolio of Morgan Stanley Universal Funds, Inc. which is a
diversified open-end management investment company managed by Morgan Stanley
Asset Management, Inc. All five funds are registered under the Investment
Company Act of 1940, as amended. Each Portfolio is registered under the
Investment Company Act of 1940, as amended. Each Portfolio pays the manager a
monthly fee for managing its investments and business affairs. The assets of the
Account are carried at the net asset value of the underlying Portfolios of the
Funds.
Pursuant to an order of the SEC allowing for the substitution, all policyowner
funds invested in a Portfolio of Dreyfus Stock Index Fund were transferred to
the Index 500 subaccount of the Fidelity Variable Insurance Products Fund II as
of March 31, 1997.
USE OF ESTIMATES
The preparation of financial statements in conformity with generally accepted
accounting principles 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.
VALUATION OF INVESTMENTS
The assets of the Account are carried at the net asset value of the underlying
Portfolios of the Funds. The value of the policyowners' units corresponds to the
Account's investment in the underlying subaccounts. The availability of
investment portfolio and subaccount options may vary between products. Share
transactions and security transactions are accounted for on a trade date basis.
FEDERAL AND STATE TAXES
The operations of the Account are included in the federal income tax return of
AVLIC, which is taxed as a life insurance company under the Internal Revenue
Code. AVLIC has the right to charge the Account any federal income taxes, or
provision for federal income taxes, attributable to the operations of the
Account or to the policies funded in the Account. Currently, AVLIC does not make
a charge for income or other taxes. Charges for state and local taxes, if any,
attributable to the Account may also be made.
2. POLICYOWNER CHARGES
AVLIC charges the Account for mortality and expense risks assumed. A daily
charge is made on the average daily value of the net assets representing equity
of policyowners held in each subaccount per each product's current policy
provisions. Additional charges are made at intervals and in amounts per each
product's current policy provisions. These charges are prorated against the
balance in each investment option of the policyowner, including the Fixed
Account option which is not reflected in this separate account.
F-I-16
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
NOTES TO FINANCIAL STATEMENTS
3. SHARES OWNED
The Account invests in shares of mutual funds. Share activity and total
shares were as follows:
<TABLE>
<CAPTION>
VARIABLE INSURANCE PRODUCTS FUND
-------------------------------------------------------------------------------------
MONEY MARKET EQUITY INCOME GROWTH HIGH INCOME OVERSEAS
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
--------------- ------------- ------------- -------------- --------------
<S> <C> <C> <C> <C> <C>
Shares owned at January 1,
1998..................... 7,552,485.910 1,018,225.148 872,066.612 598,367.840 695,077.235
Shares acquired............ 96,112,872.130 590,346.286 801,025.403 2,095,006.665 2,333,977.875
Shares disposed of......... (92,560,233.730) (448,398.816) (642,949.131) (1,976,811.206) (2,299,867.138)
--------------- ------------- ------------- -------------- --------------
Shares owned at December
31, 1998................. 11,105,124.310 1,160,172.618 1,030,142.884 716,563.299 729,187.972
=============== ============= ============= ============== ==============
Shares owned at January 1,
1997..................... 7,637,767.850 817,109.096 841,043.772 558,109.727 565,907.403
Shares acquired............ 57,423,437.350 511,389.228 339,254.481 1,118,068.428 1,175,596.501
Shares disposed of......... (57,508,719.290) (310,273.176) (308,231.641) (1,077,810.315) (1,046,426.669)
--------------- ------------- ------------- -------------- --------------
Shares owned at December
31, 1997................. 7,552,485.910 1,018,225.148 872,066.612 598,367.840 695,077.235
=============== ============= ============= ============== ==============
Shares owned at January 1,
1996..................... 5,613,527.070 652,438.732 702,196.341 358,988.159 438,914.420
Shares acquired............ 47,496,829.850 398,549.753 641,337.814 1,195,240.651 726,524.452
Shares disposed of......... (45,472,589.070) (233,879.389) (502,490.383) (996,119.083) (599,531.469)
--------------- ------------- ------------- -------------- --------------
Shares owned at December
31, 1996................. 7,637,767.850 817,109.096 841,043.772 558,109.727 565,907.403
=============== ============= ============= ============== ==============
</TABLE>
F-I-17
<PAGE>
<TABLE>
<CAPTION>
VARIABLE INSURANCE PRODUCTS FUND II ALGER AMERICAN FUND
- ------------------------------------------------------------------------- -----------------------------
INVESTMENT ASSET MANAGER SMALL
ASSET MANAGER GRADE BOND CONTRAFUND INDEX 500 GROWTH CAPITALIZATION GROWTH
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
- ------------- ------------ ------------ ----------- ------------- -------------- ------------
<S> <C> <C> <C> <C> <C> <C>
1,531,564.418 237,050.443 389,113.666 94,728.864 140,054.018 403,465.664 300,282.630
678,058.443 639,413.242 496,047.058 128,107.356 152,783.138 441,926.395 397,157.183
(456,703.318) (533,255.969) (323,006.305) (82,453.072) (98,715.823) (339,110.335) (258,723.857)
- ------------- ------------ ------------ ----------- ----------- ------------ ------------
1,752,919.543 343,207.716 562,154.419 140,383.148 194,121.333 506,281.724 438,715.956
============= ============ ============ =========== =========== ============ ============
1,326,763.623 192,186.776 176,606.628 21,656.138 42,445.800 345,335.196 233,042.387
598,138.814 120,594.995 358,431.197 129,171.432 137,282.584 311,521.638 204,589.158
(393,338.019) (75,731.328) (145,924.159) (56,098.706) (39,674.366) (253,391.170) (137,348.915)
- ------------- ------------ ------------ ----------- ----------- ------------ ------------
1,531,564.418 237,050.443 389,113.666 94,728.864 140,054.018 403,465.664 300,282.630
============= ============ ============ =========== =========== ============ ============
1,221,448.421 171,179.054 9,382.665 61.274 1,153.239 263,321.551 150,146.226
469,994.138 113,295.550 299,411.174 26,095.586 53,791.445 280,059.510 162,856.038
(364,678.936) (92,297.828) (132,187.211) (4,500.722) (12,498.884) (198,045.865) (79,959.877)
- ------------- ------------ ------------ ----------- ----------- ------------ ------------
1,326,763.623 192,176.776 176,606.628 21,656.138 42,445.800 345,335.196 233,042.387
============= ============ ============ =========== =========== ============ ============
</TABLE>
F-I-18
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
NOTES TO FINANCIAL STATEMENTS
3. SHARES OWNED -- (CONTINUED)
The Account invests in shares of mutual funds. Share activity and total shares
were as follows:
<TABLE>
<CAPTION>
ALGER AMERICAN FUND
-----------------------------------------------------------
INCOME AND MIDCAP LEVERAGED
GROWTH GROWTH BALANCED ALLCAP
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
------------ ------------ ----------- ------------
<S> <C> <C> <C> <C>
Shares owned at January 1, 1998........ 381,241.041 312,259.570 125,291.131 104,973.976
Shares acquired........................ 471,468.634 272,665.784 179,874.177 159,683.710
Shares disposed of..................... (319,053.749) (194,022.782) (95,150.693) (105,767.454)
------------ ------------ ----------- ------------
Shares owned at December 31, 1998...... 533,655.926 390,902.572 210,014.615 158,890.232
============ ============ =========== ============
Shares owned at January 1, 1997........ 234,654.249 263,959.188 98,800.487 61,392.043
Shares acquired........................ 389,297.914 245,052.311 64,650.229 108,499.936
Shares disposed of..................... (242,711.122) (196,751.929) (38,159.585) (64,918.003)
------------ ------------ ----------- ------------
Shares owned at December 31, 1997...... 381,241.041 312,259.570 125,291.131 104,973.976
============ ============ =========== ============
Shares owned at January 1, 1996........ 51,644.863 138,005.038 32,000.820 5,780.602
Shares acquired........................ 238,851.986 257,678.903 91,879.454 94,532.096
Shares disposed of..................... (55,842.600) (131,724.753) (25,079.787) (38,920.655)
------------ ------------ ----------- ------------
Shares owned at December 31, 1996...... 234,654.249 263,959.188 98,800.487 61,392.043
============ ============ =========== ============
</TABLE>
- ---------------
(1) Commenced business 04/08/97
(2) Commenced business 04/03/97
(3) Commenced business 04/22/97
(4) Commenced business 04/08/97
F-I-19
<PAGE>
<TABLE>
<CAPTION>
MFS VARIABLE INSURANCE TRUST MORGAN STANLEY UNIVERSAL FUNDS
------------------------------------------------------------------------------ -------------------------------
EMERGING WORLD UTILITIES RESEARCH GROWTH WITH ASIAN EMERGING MARKETS
GROWTH SERIES GOVERNMENTS SERIES SERIES INCOME SERIES EQUITY EQUITY
PORTFOLIO SERIES PORTFOLIO PORTFOLIO PORTFOLIO(1) PORTFOLIO(2) PORTFOLIO(3) PORTFOLIO(4)
------------- ---------------- ------------ ------------ ------------- ------------ ----------------
<S> <C> <C> <C> <C> <C> <C>
415,653.648 21,729.618 94,348.503 61,452.261 99,317.062 33,225.337 78,194.995
513,918.012 88,429.719 186,751.323 173,038.858 226,820.471 99,976.563 334,441.671
(360,617.119) (58,498.872) (114,749.586) (78,384.682) (150,456.836) (69,339.456) (296,795.548)
------------ ----------- ------------ ----------- ------------ ----------- ------------
568,954.541 51,660.465 166,350.240 156,106.437 175,680.697 63,862.444 115,841.118
============ =========== ============ =========== ============ =========== ============
193,700.823 17,336.705 28,672.191 -- -- -- --
457,734.629 37,542.368 107,581.620 72,826.540 110,180.302 51,430.390 140,386.479
(235,781.804) (33,149.455) (41,905.308) (11,374.279) (10,863.240) (18,205.053) (62,191.484)
------------ ----------- ------------ ----------- ------------ ----------- ------------
415,653.648 21,729.618 94,348.503 61,452.261 99,317.062 33,225.337 78,194.995
============ =========== ============ =========== ============ =========== ============
10,355.688 1,555.043 1,475.513 -- -- -- --
232,976.138 34,612.233 35,187.917 -- -- -- --
(49,631.003) (18,830.571) (7,991.239) -- -- -- --
------------ ----------- ------------ ----------- ------------ ----------- ------------
193,700.823 17,336.705 28,672.191 -- -- -- --
============ =========== ============ =========== ============ =========== ============
</TABLE>
F-I-20
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
NOTES TO FINANCIAL STATEMENTS
3. SHARES OWNED -- (CONTINUED)
The Account invests in shares of mutual funds. Share activity and total shares
were as follows:
<TABLE>
<CAPTION>
MORGAN STANLEY UNIVERSAL FUNDS DREYFUS
--------------------------------------------- --------------
GLOBAL INTERNATIONAL U.S. REAL
EQUITY MAGNUM ESTATE STOCK INDEX
PORTFOLIO(1) PORTFOLIO(2) PORTFOLIO(3) FUND PORTFOLIO
------------ ------------- ------------ --------------
<S> <C> <C> <C> <C>
Shares owned at January 1, 1998......... 72,507.289 51,120.253 55,401.749 --
Shares acquired......................... 172,405.252 120,740.453 136,182.392 --
Shares disposed of...................... (85,325.786) (88,756.241) (103,875.851) --
----------- ----------- ------------ ------------
Shares owned at December 31, 1998....... 159,586.755 83,104.465 87,708.290 --
=========== =========== ============ ============
Shares owned at January 1, 1997......... -- -- -- 109,123.387
Shares acquired......................... 93,896.403 77,530.448 97,640.967 2,530.208
Shares disposed of...................... (21,389.114) (26,410.195) (42,239.218) (111,653.595)
----------- ----------- ------------ ------------
Shares owned at December 31, 1997....... 72,507.289 51,120.253 55,401.749 --
=========== =========== ============ ============
Shares owned at January 1, 1996......... -- -- -- 127,452.178
Shares acquired......................... -- -- -- 33,926.076
Shares disposed of...................... -- -- -- (52,254.867)
----------- ----------- ------------ ------------
Shares owned at December 31, 1996....... -- -- -- 109,123.387
=========== =========== ============ ============
</TABLE>
- ---------------
(1) Commenced business 04/17/97
(2) Commenced business 04/07/97
(3) Commenced business 04/28/97
F-I-21
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
STATEMENT OF NET ASSETS
JUNE 30, 1999
(UNAUDITED)
ASSETS
INVESTMENTS AT NET ASSET VALUE:
VARIABLE INSURANCE PRODUCTS FUND:
Money Market Portfolio--13,560,919.230 shares at $1.00 per
share (cost $13,560,919) $ 13,560,919
Equity Income Portfolio--1,208,468.678 shares at $27.25 per
share (cost $21,648,927) 32,930,771
Growth Portfolio--1,214,766.221 shares at $45.73 per share
(cost $32,585,209) 55,551,259
High Income Portfolio--600,230.495 shares at $11.29 per
share (cost $6,483,788) 6,776,602
Overseas Portfolio--755,971.484 shares at $20.80 per share
(cost $11,714,070) 15,724,207
VARIABLE INSURANCE PRODUCTS FUND II:
Asset Manager Portfolio--1,827,238.568 shares at $17.69 per
share (cost $26,108,017) 32,323,850
Investment Grade Bond Portfolio--337,505.281 shares at
$12.08 per share (cost $4,036,702) 4,077,064
Contrafund Portfolio--667,123.798 shares at $26.10 per share
(cost $12,663,670) 17,411,931
Index 500 Portfolio--169,927.201 shares at $155.65 per
share (cost $18,730,921) 26,449,169
Asset Manager Growth Portfolio--221,836.491 shares at
$17.15 per share (cost $3,242,324) 3,804,496
ALGER AMERICAN FUND:
Small Capitalization Portfolio--561,379.657 shares at $43.58
per share (cost $19,808,247) 24,464,925
Growth Portfolio--531,471.925 shares at $55.84 per share
(cost $20,332,642) 29,677,392
Income and Growth Portfolio--607,709.682 shares at $13.32
per share (cost $6,546,404) 8,094,693
Midcap Growth Portfolio--484,381.913 shares at $27.60 per
share (cost $10,409,836) 13,368,941
Balanced Portfolio--279,071.116 shares at $13.89 per share
(cost $3,197,943) 3,876,298
Leveraged Allcap Portfolio--266,230.450 shares at $40.87 per
share (cost $7,974,738) 10,880,838
MFS VARIABLE INSURANCE TRUST:
Emerging Growth Series Portfolio--597,879.552 shares at
$24.22 per share (cost $9,178,974) 14,480,643
World Governments Series Portfolio--38,588.793 shares at
$9.99 per share (cost $389,345) 385,502
Utilities Series Portfolio--206,496.262 shares at $20.23 per
share (cost $3,570,206) 4,177,419
Research Series Portfolio--188,175.865 shares at $20.48 per
share (cost $3,193,815) 3,853,842
Growth with Income Series Portfolio--171,500.632 shares at
$21.14 per share (cost $2,971,999) 3,625,523
MORGAN STANLEY UNIVERSAL FUNDS:
Asian Equity Portfolio--115,427.953 shares at $7.69 per share
(cost $724,722) 887,641
Emerging Markets Equity Portfolio--148,721.98 shares at $9.82
per share (cost $1,503,308) 1,460,450
Global Equity Portfolio--186,605.597 shares at $13.62 per
share (cost $2,304,695) 2,541,568
International Magnum Portfolio--96,117.145 shares at $11.90
per share (cost $1,082,389) 1,143,795
U.S. Real Estate Portfolio--90,242.886 shares at $10.63 per
share (cost $978,023) 959,283
------------
NET ASSETS REPRESENTING EQUITY OF POLICYOWNERS $332,489,021
============
THE ACCOMPANYING NOTES ARE AN INTEGRAL PART OF THESE FINANCIAL STATEMENTS.
F-I(U)-1
<PAGE>
<TABLE>
<CAPTION>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
FOR THE SIX MONTHS ENDED JUNE 30, 1999
(UNAUDITED)
STATEMENT OF OPERATIONS:
VARIABLE INSURANCE PRODUCTS FUND
------------------------------------
MONEY EQUITY
MARKET INCOME GROWTH
TOTAL PORTFOLIO PORTFOLIO PORTFOLIO
------- --------- --------- ---------
<S> <C> <C> <C> <C>
1999
INVESTMENT INCOME:
Dividend distributions
received $ 3,627,121 $ 326,655 $ 438,682 $ 82,737
Mortality and expense
risk charge (1,368,013) (63,177) (140,442) (228,756)
---------- -------- -------- ----------
NET INVESTMENT INCOME (LOSS) 2,259,108 263,478 298,240 (146,019)
---------- -------- -------- ----------
REALIZED AND UNREALIZED GAIN
(LOSS) ON INVESTMENTS:
Net realized gain (loss)
on investments 17,482,085 -- 969,719 5,202,111
Net change in unrealized
appreciation (depreciation) 11,692,196 -- 2,289,886 1,367,711
----------- --------- --------- ----------
NET GAIN (LOSS) ON INVESTMENTS 29,174,281 -- 3,259,605 6,569,822
----------- --------- ---------- ----------
NET INCREASE (DECREASE) IN
NET ASSETS RESULTING FROM
OPERATIONS $31,433,389 $ 263,478 $ 3,557,845 $ 6,423,803
=========== ========= ========== ==========
STATEMENT OF CHANGES IN NET ASSETS:
VARIABLE INSURANCE PRODUCTS FUND
-------------------------------------
MONEY EQUITY
MARKET INCOME GROWTH
TOTAL PORTFOLIO PORTFOLIO PORTFOLIO
------- --------- --------- ---------
1999
INCREASE (DECREASE) IN NET
ASSETS FROM OPERATIONS:
Net investment income
(loss) $ 2,259,108 $ 263,478 $ 298,240 $ (146,019)
Net realized gain
(loss) on investments 17,482,085 -- 969,719 5,202,111
Net change in unrealized
appreciation (depreciation) 11,692,196 -- 2,289,886 1,367,711
----------- ----------- ---------- ----------
NET INCREASE (DECREASE) IN NET
ASSETS RESULTING FROM OPERATIONS 31,433,389 263,478 3,557,845 6,423,803
NET INCREASE (DECREASE) FROM
POLICYOWNER TRANSACTIONS 18,402,558 2,192,317 (118,663) 2,904,944
---------- ---------- ---------- ----------
TOTAL INCREASE (DECREASE) IN
NET ASSETS 49,835,947 2,455,795 3,439,182 9,328,747
NET ASSETS AT JANUARY 1, 1999 282,653,074 11,105,124 29,491,589 46,222,512
------------ ----------- ----------- -----------
NET ASSETS AT JUNE 30, 1999 $332,489,021 $13,560,919 $32,930,771 $55,551,259
============ =========== =========== ===========
THE ACCOMPANYING NOTES ARE AN INTEGRAL PART OF THESE FINANCIAL STATEMENTS.
</TABLE>
F-I(U)-2
<PAGE>
<TABLE>
<CAPTION>
VARIABLE INSURANCE PRODUCTS FUND VARIABLE INSURANCE PRODUCTS FUND II
- -------------------------------- --------------------------------------------------------------
ASSET
ASSET INVESTMENT MANAGER
HIGH INCOME OVERSEAS MANAGER GRADE BOND CONTRAFUND INDEX 500 GROWTH
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
---------- --------- --------- --------- ---------- --------- ---------
<S> <C> <C> <C> <C> <C> <C> <C>
$ 792,857 $ 226,340 $ 1,054,568 $178,023 $ 68,862 $ 201,036 $ 80,579
(37,144) (64,778) (144,356) (21,258) (68,176) (100,822) (15,137)
---------- --------- ---------- -------- --------- --------- --------
755,713 161,562 910,212 156,765 686 100,214 65,442
--------- --------- ---------- -------- --------- --------- --------
29,640 365,064 1,335,786 55,850 504,989 136,417 133,643
(161,693) 605,258 (748,030) (312,048) 1,078,207 2,275,805 45,820
--------- --------- ---------- ---------- --------- --------- --------
(132,053) 970,322 587,756 (256,198) 1,583,196 2,412,222 179,463
--------- --------- ---------- ---------- --------- --------- --------
$ 623,660 $1,131,884 $1,497,968 $(99,433) $1,583,882 $2,512,436 $244,905
========= ========== ========== ========= ========== ========== ========
VARIABLE INSURANCE PRODUCTS FUND VARIABLE INSURANCE PRODUCTS FUND II
- -------------------------------- -------------------------------------------------------------
ASSET
ASSET INVESTMENT MANAGER
HIGH INCOME OVERSEAS MANAGER GRADE BOND CONTRAFUND INDEX 500 GROWTH
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
---------- --------- --------- --------- ---------- --------- ---------
$ 755,713 $ 161,562 $ 910,212 $ 156,765 $ 686 $ 100,214 $ 65,442
29,640 365,064 1,335,786 55,850 504,989 136,417 133,643
(161,693) 605,258 (748,030) (312,048) 1,078,207 2,275,805 45,820
--------- -------- --------- --------- --------- --------- -------
623,660 1,131,884 1,497,968 (99,433) 1,583,882 2,512,436 244,905
(2,109,031) (27,896) (1,007,136) (271,475) 2,088,993 4,107,614 253,705
----------- -------- ----------- ----------- --------- ---------- -------
(1,485,371) 1,103,988 490,832 (370,908) 3,672,875 6,620,050 498,610
8,261,973 14,620,219 31,833,018 4,447,972 13,739,056 19,829,119 3,305,886
--------- ---------- ---------- --------- ---------- ---------- ---------
$ 6,776,602 $15,724,207 $32,323,850 $ 4,077,064 $17,411,931 $26,449,169 $3,804,496
=========== =========== =========== =========== =========== =========== ==========
F-I(U)-3
</TABLE>
<PAGE>
<TABLE>
<CAPTION>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
FOR THE SIX MONTHS ENDED JUNE 30, 1999
(UNAUDITED)
STATEMENT OF OPERATIONS:
ALGER AMERICAN FUND
-------------------------------------------------------------
SMALL INCOME AND MIDCAP
CAPITALIZATION GROWTH GROWTH GROWTH
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
------------ ---------- --------- ----------
<S> <C> <C> <C> <C>
1999
INVESTMENT INCOME:
Dividend distributions
received $ -- $ 37,125 $ 14,347 $ --
Mortality and expense
risk charge (99,001) (116,905) (33,317) (53,519)
---------- --------- --------- ----------
NET INVESTMENT INCOME (LOSS) (99,001) (79,780) (18,970) (53,519)
---------- --------- --------- ----------
REALIZED AND UNREALIZED
GAIN (LOSS) ON INVESTMENTS:
Net realized gain (loss)
on investments 2,786,842 2,534,821 426,544 1,862,002
Net change in unrealized
appreciation (depreciation) 88,789 1,336,348 152,144 (359,958)
---------- ---------- -------- ----------
NET GAIN (LOSS) ON INVESTMENTS 2,875,631 3,871,169 578,688 1,502,044
---------- ---------- -------- ----------
NET INCREASE (DECREASE) IN
NET ASSETS RESULTING FROM
OPERATION $2,776,630 $3,791,389 $559,718 $1,448,525
========== ========== ======== ==========
STATEMENT OF CHANGES IN NET ASSETS:
ALGER AMERICAN FUND
-------------------------------------------------------------
SMALL INCOME AND MIDCAP
CAPITALIZATION GROWTH GROWTH GROWTH
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
--------- ---------- --------- ----------
1999
INCREASE (DECREASE) IN NET
ASSETS FROM OPERATIONS:
Net investment income (loss) $ (99,001) $ (79,780) $ (18,970) $ (53,519)
Net realized gain (loss)
on investments 2,786,842 2,534,821 426,544 1,862,002
Net change in unrealized
appreciation (depreciation) 88,789 1,336,348 152,144 (359,958)
----------- ---------- -------- ----------
NET INCREASE (DECREASE) IN NET
ASSETS RESULTING FROM OPERATIONS 2,776,630 3,791,389 559,718 1,448,525
NET INCREASE (DECREASE) FROM
POLICYOWNER TRANSACTIONS (572,913) 2,537,540 533,409 635,058
----------- ---------- -------- ---------
TOTAL INCREASE (DECREASE)
IN NET ASSETS 2,203,717 6,328,929 1,093,127 2,083,583
NET ASSETS AT JANUARY 1, 1999 22,261,208 23,348,463 7,001,566 11,285,358
----------- ----------- ---------- -----------
NET ASSETS AT JUNE 30, 1999 $24,464,925 $29,677,392 $8,094,693 $13,368,941
=========== =========== ========== ===========
THE ACCOMPANYING NOTES ARE AN INTEGRAL PART OF THESE FINANCIAL STATEMENTS.
</TABLE>
F-I(U)-4
<PAGE>
<TABLE>
<CAPTION>
ALGER AMERICAN FUND MFS VARIABLE INSURANCE TRUST
- ---------------------------- ------------------------------------------------------------
GROWTH
EMERGING WORLD WITH
LEVERAGED GROWTH GOVERNMENTS UTILITIES RESEARCH INCOME
BALANCED ALLCAP SERIES SERIES SERIES SERIES SERIES
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
--------- ----------- --------- --------- ----------- --------- ---------
<S> <C> <C> <C> <C> <C> <C> <C>
$ 39,415 $ -- $ -- $ 21,210 $ 45,844 $ 6,589 $ 12,252
(14,283) (37,791) (58,080) (1,849) (16,144) (13,748) (15,403)
--------- ---------- ---------- ------- -------- ------- -------
25,132 (37,791) (58,080) 19,361 29,700 (7,159) (3,151)
--------- ---------- ---------- ------- -------- ------- -------
199,925 658,702 -- -- 230,507 34,817 14,706
220,573 961,769 1,618,498 (33,395) 80,723 258,088 159,350
--------- ---------- --------- -------- -------- ------- -------
420,498 1,620,471 1,618,498 (33,395) 311,230 292,905 174,056
--------- ---------- --------- -------- -------- ------- -------
$ 445,630 $1,582,680 $1,560,418 $(14,034) $340,930 $285,746 $170,905
========= ========== ========== ========= ======== ======== ========
ALGER AMERICAN FUND MFS VARIABLE INSURANCE TRUST
- ---------------------------- ------------------------------------------------------------
GROWTH
EMERGING WORLD WITH
LEVERAGED GROWTH GOVERNMENTS UTILITIES RESEARCH INCOME
BALANCED ALLCAP SERIES SERIES SERIES SERIES SERIES
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
--------- ----------- --------- --------- --------- --------- ---------
$ 25,132 $ (37,791) $ (58,080) $ 19,361 $ 29,700 $ (7,159) $ (3,151)
199,925 658,702 -- -- 230,507 34,817 14,706
220,573 961,769 1,618,498 (33,395) 80,723 258,088 159,350
---------- ----------- ---------- --------- -------- -------- ---------
445,630 1,582,680 1,560,418 (14,034) 340,930 285,746 170,905
704,679 3,752,890 704,771 (162,530) 539,426 594,269 (78,320)
---------- ------------ ---------- ---------- --------- -------- --------
1,150,309 5,335,570 2,265,189 (176,564) 880,356 880,015 92,585
2,725,989 5,545,268 12,215,454 562,066 3,297,063 2,973,827 3,532,938
---------- ------------ ----------- -------- ---------- ---------- ----------
$3,876,298 $ 10,880,838 $ 14,480,643 $385,502 $4,177,419 $3,853,842 $3,625,523
========== ============ ============ ======== ========== ========== ==========
F-I(U)-5
</TABLE>
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
FOR THE SIX MONTHS ENDED JUNE 30, 1999
(UNAUDITED)
STATEMENT OF OPERATIONS:
MORGAN STANLEY UNIVERSAL FUNDS
-------------------------------------
EMERGING GLOBAL
ASIAN EQUITY MARKETS EQUITY EQUITY
PORTFOLIO PORTFOLIO PORTFOLIO
----------- ---------- ---------
1999
INVESTMENT INCOME:
Dividend distributions received $ -- $ -- $ --
Mortality and expense risk charge (2,001) (4,040) (9,688)
--------- --------- --------
NET INVESTMENT INCOME (LOSS) (2,001) (4,040) (9,688)
---------- -------- ---------
REALIZED AND UNREALIZED GAIN
(LOSS) ON INVESTMENTS:
Net realized gain (loss)
on investments -- -- -- --
Net change in unrealized
appreciation (depreciation) 217,015 320,783 91,162
--------- -------- --------
NET GAIN (LOSS) ON INVESTMENTS 217,015 320,783 91,162
--------- -------- --------
NET INCREASE (DECREASE) IN NET
ASSETS RESULTING FROM OPERATIONS $ 215,014 $ 316,743 $ 81,474
========= ========= ========
STATEMENT OF CHANGES IN NET ASSETS:
MORGAN STANLEY UNIVERSAL FUNDS
--------------------------------
EMERGING GLOBAL
ASIAN EQUITY MARKETS EQUITY EQUITY
PORTFOLIO PORTFOLIO PORTFOLIO
--------- --------- ---------
1999
INCREASE (DECREASE) IN NET
ASSETS FROM OPERATIONS:
Net investment income (loss) $ (2,001) $ (4,040) $ (9,688)
Net realized gain (loss) on
investments -- -- --
Net change in unrealized
appreciation(depreciation) 217,015 320,783 91,162
-------- --------- -------
NET INCREASE (DECREASE) IN NET ASSETS
RESULTING FROM OPERATIONS 215,014 316,743 81,474
NET INCREASE (DECREASE) FROM
POLICYOWNER TRANSACTIONS 338,627 320,075 363,123
-------- -------- --------
TOTAL INCREASE (DECREASE) IN
NET ASSETS 553,641 636,818 444,597
NET ASSETS AT JANUARY 1, 1999 334,000 823,632 2,096,971
-------- -------- ----------
NET ASSETS AT JUNE 30, 1999 $ 887,641 $1,460,450 $2,541,568
========= ========== ==========
THE ACCOMPANYING NOTES ARE AN INTEGRAL PART OF THESE FINANCIAL STATEMENTS.
F-I(U)-6
<PAGE>
MORGAN STANLEY UNIVERSAL FUNDS
--------------------------------
INTERNATIONAL U.S. REAL
MAGNUM ESTATE
PORTFOLIO PORTFOLIO
$ -- $ --
(4,566) (3,632)
-------- ---------
(4,566) (3,632)
--------- ----------
-- --
66,628 72,763
--------- ---------
66,628 72,763
--------- ---------
$ 62,062 $ 69,131
========== =========
MORGAN STANLEY UNIVERSAL FUNDS
---------------------------------
INTERNATIONAL U.S. REAL
MAGNUM ESTATE
PORTFOLIO PORTFOLIO
$ (4,566) $ (3,632)
-- --
66,628 72,763
-------- ---------
62,062 69,131
148,470 30,612
-------- ---------
210,532 99,743
933,263 859,540
---------- ----------
$1,143,795 $ 959,283
========== ==========
F-I(U)-7
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V
NOTES TO FINANCIAL STATEMENTS
JUNE 30, 1999
(UNAUDITED)
1. BASIS OF PRESENTATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Ameritas Variable Life Insurance Company Separate Account V (the Account) was
established on August 28, 1985, under Nebraska law by Ameritas Variable Life
Insurance Company (AVLIC), a wholly-owned subsidiary of AMAL Corporation, a
majority-owned affiliate of Ameritas Life Insurance Corp. (ALIC) The assets of
the Account are segregated from AVLIC's other assets and are used only to
support variable life products issued by AVLIC.
The Account is registered under the Investment Company Act of 1940, as amended,
as a unit investment trust. At June 30, 1999, there are twenty-six subaccounts
within the Account. Five of the subaccounts invest only in a corresponding
Portfolio of Variable Insurance Products Fund and five invest only in a
corresponding Portfolio of Variable Insurance Products Fund II. Both funds are
diversified open-end management investment companies and are managed by Fidelity
Management and Research Company. Six of the subaccounts invest only in a
corresponding Portfolio of Alger American Fund which is a diversified open-end
management investment company managed by Fred Alger Management, Inc. Five of the
subaccounts invest only in a corresponding Portfolio of MFS Variable Insurance
Trust which is a diversified open-end management investment company managed by
Massachusetts Financial Services Company. Five of the subaccounts invest only in
a corresponding Portfolio of Morgan Stanley Universal Funds, Inc. which is a
diversified open-end management investment company managed by Morgan Stanley
Asset Management, Inc. All five funds are registered under the Investment
Company Act of 1940, as amended. Each Portfolio pays the manager a monthly fee
for managing its investments and business affairs. The assets of the Account are
carried at the net asset value of the underlying Portfolios of the Funds. The
value of the policyowners' units corresponds to the Account's investment in the
underlying subaccounts. The availability of investment portfolio and subaccount
options may vary between products.
AVLIC currently does not expect to incur any federal income tax liability
attributable to the Account with respect to the sale of variable life insurance
policies. If, however, AVLIC determines that it may incur such taxes
attributable to the Account, it may assess a charge for such taxes against the
Account.
2. BASIS OF PRESENTATION OF UNAUDITED INTERIM FINANCIAL STATEMENTS
Management believes that all adjustments, consisting of only normal recurring
accruals, considered necessary for a fair presentation of the unaudited interim
financial statements have been included. The results of operations for any
interim period are not necessarily indicative of results for the full year. The
unaudited interim financial statements should be read in conjunction with the
audited financial statements and notes thereto for the years ended December 31,
1998, 1997, and 1996.
F-I(U)-8
<PAGE>
INDEPENDENT AUDITORS' REPORT
Board of Directors
Ameritas Variable Life Insurance Company
Lincoln, Nebraska
We have audited the accompanying balance sheets of Ameritas Variable Life
Insurance Company as of December 31, 1998 and 1997, and the related statements
of operations, comprehensive income, stockholder's equity, and cash flows for
each of the three years in the period ended December 31, 1998. These financial
statements are the responsibility of the Company's management. Our
responsibility is to express an opinion on these financial statements based on
our audits.
We conducted our audits in accordance with generally accepted auditing
standards. Those standards 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. An audit also includes
assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation.
We believe that our audits provide a reasonable basis for our opinion.
In our opinion, such financial statements present fairly, in all material
respects, the financial position of Ameritas Variable Life Insurance Company as
of December 31, 1998 and 1997, and the results of its operations and its cash
flows for each of the three years in the period ended December 31, 1998, in
conformity with generally accepted accounting principles.
/s/ Deloitte & Touche LLP
Lincoln, Nebraska
February 5, 1999
F-II- 1
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
BALANCE SHEETS
(IN THOUSANDS, EXCEPT PER SHARE DATA)
<TABLE>
<CAPTION>
DECEMBER 31
-----------------------
1998 1997
---------- ----------
<S> <C> <C>
ASSETS
Investments:
Fixed maturity securities, available for sale (amortized
cost $146,650 -- 1998 and $113,158 -- 1997)............ $ 150,462 $ 115,955
Equity securities, available for sale (amortized cost
$2,031 -- 1998 $4,061 -- 1997)......................... 2,020 4,135
Loans on insurance policies............................... 10,949 7,482
Other invested assets..................................... 10,020 2,206
---------- ----------
Total investments................................. 173,451 129,778
Cash and cash equivalents................................... 12,011 13,711
Accrued investment income................................... 2,425 1,801
Reinsurance recoverable -- affiliates....................... 455 514
Prepaid reinsurance premium -- affiliates................... 2,380 2,298
Deferred policy acquisition costs........................... 121,236 98,746
Other....................................................... 1,695 199
Separate Accounts........................................... 1,709,448 1,265,348
---------- ----------
$2,023,101 $1,512,395
========== ==========
LIABILITIES AND STOCKHOLDER'S EQUITY
LIABILITIES:
Policy and contract reserves.............................. $ 1,681 $ 941
Policy and contract claims................................ 625 925
Accumulated contract values............................... 213,874 154,281
Unearned policy charges................................... 1,814 1,498
Unearned reinsurance ceded allowance...................... 3,596 3,268
Federal income taxes --
Current................................................ 2,941 1,466
Deferred............................................... 8,348 9,326
Other..................................................... 8,086 10,200
Separate Accounts......................................... 1,709,448 1,265,348
---------- ----------
Total Liabilities................................. 1,950,413 1,447,253
---------- ----------
Commitments and contingencies
STOCKHOLDER'S EQUITY:
Common stock, par value $100 per share; authorized 50,000
shares, issued and outstanding 40,000 shares........... 4,000 4,000
Additional paid-in capital................................ 40,370 40,370
Retained earnings......................................... 27,434 20,180
Accumulated other comprehensive income.................... 884 592
---------- ----------
Total Stockholder's Equity........................ 72,688 65,142
---------- ----------
$2,023,101 $1,512,395
========== ==========
</TABLE>
The accompanying notes are an integral part of these financial statements.
F-II- 2
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
STATEMENTS OF OPERATIONS
(IN THOUSANDS)
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31
-----------------------------
1998 1997 1996
------- ------- -------
<S> <C> <C> <C>
INCOME:
Insurance revenues:
Contract charges.......................................... $42,775 $33,717 $26,345
Premium-reinsurance ceded................................. (7,836) (6,840) (5,895)
Reinsurance ceded allowance............................... 3,169 2,752 2,235
Investment revenues:
Investment income, net.................................... 14,052 8,277 3,603
Realized gains, net....................................... 79 368 19
Other....................................................... 2,269 980 567
------- ------- -------
54,508 39,254 26,874
------- ------- -------
BENEFITS AND EXPENSES:
Policy benefits:
Death benefits............................................ 2,200 1,356 716
Interest credited......................................... 13,400 7,258 2,736
Increase in policy and contract reserves.................. 740 192 140
Other..................................................... 222 92 52
Sales and operating expenses................................ 15,980 11,641 10,041
Amortization of deferred policy acquisition costs........... 11,847 9,584 5,531
------- ------- -------
44,389 30,123 19,216
------- ------- -------
INCOME BEFORE FEDERAL INCOME TAXES.......................... 10,119 9,131 7,658
------- ------- -------
Income taxes -- current..................................... 4,000 4,305 3,819
Income taxes -- deferred.................................... (1,135) (844) (811)
------- ------- -------
Total income taxes................................... 2,865 3,461 3,008
------- ------- -------
NET INCOME.................................................. $ 7,254 $ 5,670 $ 4,650
======= ======= =======
</TABLE>
The accompanying notes are an integral part of these financial statements.
F-II- 3
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
STATEMENTS OF COMPREHENSIVE INCOME
(IN THOUSANDS)
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31
--------------------------
1998 1997 1996
---- ---- ----
<S> <C> <C> <C>
Net income.................................................. $7,254 $5,670 $4,650
Other comprehensive income, net of tax:
Unrealized gains on securities:
Unrealized holding gains arising during the period (net
of deferred tax of $185, $378, and ($159) for 1998,
1997 and 1996, respectively).......................... 343 702 (295)
Reclassification adjustment for gains included in net
income (net of deferred tax of $28, $129 and $7 for
1998, 1997 and 1996, respectively).................... (51) (239) (12)
------ ------ ------
Other comprehensive income (loss)......................... 292 463 (307)
------ ------ ------
Comprehensive income........................................ $7,546 $6,133 $4,343
====== ====== ======
</TABLE>
The accompanying notes are an integral part of these financial statements.
F-II- 4
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
STATEMENTS OF STOCKHOLDER'S EQUITY
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996
(IN THOUSANDS, EXCEPT SHARES)
<TABLE>
<CAPTION>
ACCUMULATED
COMMON STOCK ADDITIONAL OTHER
---------------- PAID-IN RETAINED COMPREHENSIVE
SHARES AMOUNT CAPITAL EARNINGS INCOME TOTAL
------ ------ ---------- -------- ------------- -----
<S> <C> <C> <C> <C> <C> <C>
BALANCE, January 1, 1996................. 40,000 $4,000 $ 29,700 $ 9,860 $ 436 $ 43,996
Return of capital...................... -- -- (15,000) -- -- (15,000)
Capital contribution from AMAL
Corporation.......................... -- -- 25,670 -- -- 25,670
Net unrealized investment loss, net.... -- -- -- -- (307) (307)
Net income............................. -- -- -- 4,650 -- 4,650
------ ------ -------- ------- ----------- --------
BALANCE, December 31, 1996............... 40,000 4,000 40,370 14,510 129 59,009
Net unrealized investment gain, net.... -- -- -- -- 463 463
Net income............................. -- -- -- 5,670 -- 5,670
------ ------ -------- ------- ----------- --------
BALANCE, December 31, 1997............... 40,000 4,000 40,370 20,180 592 65,142
Net unrealized investment gain, net.... -- -- -- -- 292 292
Net income............................. -- -- -- 7,254 -- 7,254
------ ------ -------- ------- ----------- --------
BALANCE, December 31, 1998............... 40,000 $4,000 $ 40,370 $27,434 $ 884 $ 72,688
====== ====== ======== ======= =========== ========
</TABLE>
The accompanying notes are an integral part of these financial statements.
F-II- 5
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
STATEMENTS OF CASH FLOWS
(IN THOUSANDS)
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31
--------------------------------
1998 1997 1996
-------- -------- --------
<S> <C> <C> <C>
OPERATING ACTIVITIES
Net Income.................................................. $ 7,254 $ 5,670 $ 4,650
Adjustments to reconcile net income to net cash provided by
operating activities:
Amortization of deferred policy acquisition costs......... 11,847 9,584 5,531
Policy acquisition costs deferred......................... (34,820) (30,642) (26,596)
Interest credited to contract values...................... 13,400 7,258 2,736
Amortization of discounts or premiums..................... (28) (40) (83)
Net gains on other invested assets........................ (3,732) (631) --
Net realized gains on investment transactions............. (79) (368) (19)
Deferred income taxes..................................... (1,135) (844) (811)
Change in assets and liabilities:
Accrued investment income.............................. (624) (705) (306)
Reinsurance recoverable-affiliates..................... 59 (505) 48
Prepaid reinsurance premium-affiliates................. (82) (142) (650)
Other assets........................................... (1,496) 284 (377)
Policy and contract reserves........................... 740 192 140
Policy and contract claims............................. (300) 819 106
Unearned policy charges................................ 316 255 279
Federal income tax payable-current..................... 1,475 591 (310)
Unearned reinsurance ceded allowance................... 328 129 860
Other liabilities...................................... (2,114) 2,172 3,762
-------- -------- --------
Net cash from operating activities........................ (8,991) (6,923) (11,040)
-------- -------- --------
INVESTING ACTIVITIES
Purchase of fixed maturity securities available for sale.... (70,904) (92,291) (31,514)
Purchase of equity securities available for sale............ -- (4,311) --
Purchase of other invested assets........................... (7,760) (1,611) --
Proceeds from maturities or repayment of fixed maturity
securities available for sale............................. 23,124 25,168 5,307
Proceeds from sales of fixed maturity securities available
for sale.................................................. 14,447 16,419 3,014
Proceeds from the sale of equity securities available for
sale...................................................... 1,979 252 --
Proceeds from the sale of other invested assets............. 3,678 35 --
Net change in loans on insurance policies................... (3,467) (3,173) (1,670)
-------- -------- --------
Net cash from investing activities........................ (38,903) (59,512) (24,863)
-------- -------- --------
FINANCING ACTIVITIES
Return of capital........................................... -- -- (15,000)
Capital contribution........................................ -- -- 25,670
Net change in accumulated contract values................... 46,194 69,462 30,257
-------- -------- --------
Net cash from financing activities........................ 46,194 69,462 40,927
-------- -------- --------
INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS............ (1,700) 3,027 5,024
CASH AND CASH EQUIVALENTS AT BEGINNING OF PERIOD............ 13,711 10,684 5,660
-------- -------- --------
CASH AND CASH EQUIVALENTS AT END OF PERIOD.................. $ 12,011 $ 13,711 $ 10,684
======== ======== ========
SUPPLEMENTAL CASH FLOW INFORMATION:
Cash paid for income taxes.................................. $ 2,525 $ 3,714 $ 4,129
</TABLE>
The accompanying notes are an integral part of these financial statements.
F-II- 6
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
NOTES TO FINANCIAL STATEMENTS
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996
(IN THOUSANDS)
1. BASIS OF PRESENTATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Ameritas Variable Life Insurance Company (the Company), a stock life insurance
company domiciled in the State of Nebraska, was a wholly-owned subsidiary of
Ameritas Life Insurance Corp. (ALIC), until April of 1996 when it became a
wholly-owned subsidiary of AMAL Corporation, a holding company 66% owned by ALIC
and 34% owned by AmerUs Life Insurance Company (AmerUs). The Company began
issuing variable life insurance and variable annuity policies in 1987, fixed
premium annuities in 1996 and equity indexed annuities in 1997. The variable
life, variable annuity, fixed premium annuity and equity indexed annuity
policies are not participating with respect to dividends.
USE OF ESTIMATES
The preparation of financial statements in conformity with generally accepted
accounting principles 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.
The principal accounting and reporting practices followed are:
INVESTMENTS
The Company classifies its securities into categories based upon the Company's
intent relative to the eventual disposition of the securities. The first
category, held to maturity securities, is comprised of fixed maturity securities
which the Company has the positive intent and ability to hold to maturity. These
securities are carried at amortized cost. The second category, available for
sale securities, may be sold to address the liquidity and other needs of the
Company. Securities classified as available for sale are carried at fair value
on the balance sheet with unrealized gains and losses excluded from operations
and reported as a separate component of stockholder's equity, net of related
deferred acquisition costs and income tax effects. The third category, trading
securities, is for debt and equity securities acquired for the purpose of
selling them in the near term. The Company has classified all of its securities
as available for sale. Realized investment gains and losses on sales of
securities are determined on the specific identification method.
Other Invested Assets consist of exchange and privately traded options tied to
the Standard and Poor's Index and are valued at fair value with changes in the
fair value of these investments and realized gains on these investments included
in net investment income.
The Company records write-offs or allowances for its investments based upon a
evaluation of specific problem investments. The Company reviews, on a continual
basis, all invested assets to identify investments where the Company may have
credit concerns. Investments with credit concerns include those the Company has
identified as experiencing a deterioration in financial condition. The Company
has no write-offs or allowances recorded as of December 31, 1998, 1997 and 1996.
CASH EQUIVALENTS
The Company considers all highly liquid debt securities purchased with remaining
maturity of less than three months to be cash equivalents.
SEPARATE ACCOUNTS
The Company operates separate accounts on which the earnings or losses accrue
exclusively to contractholders. The assets (mutual fund investments) and
liabilities of each account are clearly identifiable and distinguishable from
other assets and liabilities of the Company. Assets are reported at fair value.
F-II- 7
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
NOTES TO FINANCIAL STATEMENTS
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996 -- (CONTINUED)
(IN THOUSANDS)
1. BASIS OF PRESENTATION AND SUMMARY OF SIGNIFICANT ACCOUNTING
POLICIES -- (CONTINUED)
PREMIUM REVENUE AND BENEFITS TO POLICYOWNERS
RECOGNITION OF UNIVERSAL LIFE-TYPE CONTRACTS REVENUE AND BENEFITS TO
POLICYOWNERS
Universal life-type policies are insurance contracts with terms that are not
fixed and guaranteed. The terms that may be changed could include one or more of
the amounts assessed the policyowner, premiums paid by the policyowner or
interest accrued to policyowners balances. Amounts received as payments for such
contracts are reflected as deposits in accumulated contract values and are not
reported as premium revenues.
Revenues for universal life-type policies consist of charges assessed against
policy account values for deferred policy loading, mortality risk expense, the
cost of insurance and policy administration. Policy benefits and claims that are
charged to expense include interest credited to contracts under the fixed
account investment option and benefit claims incurred in the period in excess of
related policy account balances.
RECOGNITION OF INVESTMENT CONTRACT REVENUE AND BENEFITS TO POLICYOWNERS
Contracts that do not subject the Company to risks arising from policyowner
mortality or morbidity are referred to as investment contracts. Certain deferred
annuities are considered investment contracts. Amounts received as payments for
such contracts are reflected as deposits in accumulated contract values and are
not reported as premium revenues.
Revenues for investment products consist of investment income and policy
administration charges. Contract benefits that are charged to expense include
benefit claims incurred in the period in excess of related contract balances,
and interest credited to contract balances.
POLICY ACQUISITION COSTS
Those costs of acquiring new business, which vary with and are directly related
to the production of new business, have been deferred to the extent that such
costs are deemed recoverable from future premiums. Such costs include
commissions, certain costs of policy issuance and underwriting, and certain
variable distribution expenses.
Costs deferred related to universal life-type policies and investment-type
contracts are amortized generally over the lives of the policies, in relation to
the present value of estimated gross profits from mortality, investment and
expense margins. The estimated gross profits are reviewed periodically based on
actual experience and changes in assumptions.
F-II- 8
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
NOTES TO FINANCIAL STATEMENTS
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996 -- (CONTINUED)
(IN THOUSANDS)
1. BASIS OF PRESENTATION AND SUMMARY OF SIGNIFICANT ACCOUNTING
POLICIES -- (CONTINUED)
A roll-forward of the amounts reflected in the balance sheets as deferred
acquisition costs is as follows:
<TABLE>
<CAPTION>
DECEMBER 31
------------------------------
1998 1997 1996
-------- ------- -------
<S> <C> <C> <C>
Beginning balance........................................... $ 98,746 $79,272 $57,664
Acquisition costs deferred.................................. 34,820 30,642 26,596
Amortization of deferred policy acquisition costs........... (11,847) (9,584) (5,531)
Adjustment for unrealized investment (gain)/loss............ (483) (1,584) 543
-------- ------- -------
Ending balance.............................................. $121,236 $98,746 $79,272
======== ======= =======
</TABLE>
To the extent that unrealized gains or losses on available for sale securities
would result in an adjustment of deferred policy acquisition costs had those
gains or losses actually been realized, the related unamortized deferred policy
acquisition costs are recorded as an adjustment of the unrealized investment
gains or losses included in stockholder's equity.
FUTURE POLICY AND CONTRACT BENEFITS
Liabilities for future policy and contract benefits left with the Company on
variable universal life and annuity-type contracts are based on the policy
account balance, and are shown as accumulated contract values. In addition the
Company carries as future policy benefits a liability for additional coverages
offered under policy riders.
INCOME TAXES
The provision for income taxes includes amounts currently payable and deferred
income taxes resulting from the cumulative differences in assets and liabilities
determined on a tax return and financial statement basis at the current enacted
tax rates.
NEW ACCOUNTING PRONOUNCEMENTS
In June 1998, the Financial Accounting Standards Board issued Statement of
Financial Accounting Standards No. 133, entitled "Accounting for Derivative
Instruments and Hedging Activities" (SFAS no. 133). The statement requires that
all derivatives (including certain derivatives embedded in contracts) be
recorded on the balance sheet and measured at fair value. SFAS no. 133 requires
that changes in the fair value of derivatives be recognized currently in
operations unless specific hedge accounting criteria are met. If such criteria
are met, the derivative's gain or loss will offset related results of the hedged
item in the statement of operations. A company must formally document, designate
and assess the effectiveness of transactions to apply hedge accounting
treatment.
SFAS No. 133 is effective for fiscal years beginning after June 15, 1999, with
earlier implementation permitted. The statement must be implemented as of the
beginning of a quarter and retroactive application to financial statements of
prior periods is prohibited. The Company has not determined the financial
statement impact of adopting this statement.
RECLASSIFICATIONS
Certain items on the prior year financial statements have been restated to
conform to current year presentation.
F-II- 9
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
NOTES TO FINANCIAL STATEMENTS
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996 -- (CONTINUED)
(IN THOUSANDS)
2. INVESTMENTS
Investment income summarized by type of investment was as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31
---------------------------
1998 1997 1996
---- ---- ----
<S> <C> <C> <C>
Fixed maturity securities available for sale................ $ 9,099 $6,622 $3,308
Equity Securities available for sale........................ 179 156 --
Loans on insurance policies................................. 590 370 214
Cash equivalents............................................ 659 642 618
Other invested assets....................................... 3,732 631 --
------- ------ ------
Gross investment income................................... 14,259 8,421 4,140
Investment expenses......................................... 207 144 537
------- ------ ------
Net investment income..................................... $14,052 $8,277 $3,603
======= ====== ======
</TABLE>
Net pretax realized investment gains (losses) were as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31
-------------------------
1998 1997 1996
---- ---- ----
<S> <C> <C> <C>
Net gains on disposals of fixed maturity securities
available for sale........................................ $131 $365 $19
Net gains (losses) on disposal of equity securities
available for sale........................................ (52) 3 --
---- ---- ---
Net gains on disposal of securities available for sale...... $ 79 $368 $19
==== ==== ===
</TABLE>
Proceeds from sales of securities available for sale and gross gains and losses
realized on those sales were as follows:
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31, 1998
---------------------------------
PROCEEDS GAINS LOSSES
-------- ----- ------
<S> <C> <C> <C>
Fixed maturity securities available for sale................ $22,282 $433 $302
Equity securities available for sale........................ 1,979 -- $ 52
------- ---- ----
Total securities available for sale....................... $24,261 $433 $354
======= ==== ====
</TABLE>
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31, 1997
---------------------------------
PROCEEDS GAINS LOSSES
-------- ----- ------
<S> <C> <C> <C>
Fixed maturity securities available for sale................ $16,419 $161 $8
Equity securities available for sale........................ 252 2 --
------- ---- --
Total securities available for sale....................... $16,671 $163 $8
======= ==== ==
</TABLE>
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31, 1996
---------------------------------
PROCEEDS GAINS LOSSES
-------- ----- ------
<S> <C> <C> <C>
Fixed maturity securities available for sale................ $3,014 $30 $--
====== === ==
</TABLE>
F-II- 10
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
NOTES TO FINANCIAL STATEMENTS
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996 -- (CONTINUED)
(IN THOUSANDS)
2. INVESTMENTS -- (CONTINUED)
The amortized cost and fair value of investments in securities by type of
investment were as follows:
<TABLE>
<CAPTION>
DECEMBER 31, 1998
--------------------------------------------------
GROSS UNREALIZED
AMORTIZED ------------------- FAIR
COST GAINS LOSSES VALUE
--------- ------ ------ --------
<S> <C> <C> <C> <C>
U. S. Corporate................................... $ 98,658 $3,146 $159 $101,645
Mortgage-backed................................... 35,314 430 14 35,730
U.S. Treasury securities and obligations of U.S.
government agencies............................. 12,678 409 -- 13,087
-------- ------ ---- --------
Total fixed maturity securities available for
sale......................................... 146,650 3,985 173 150,462
-------- ------ ---- --------
Equity securities available for sale.............. 2,031 -- 11 2,020
-------- ------ ---- --------
Total securities available for sale............. $148,681 $3,985 $184 $152,482
======== ====== ==== ========
</TABLE>
<TABLE>
<CAPTION>
DECEMBER 31, 1997
---------------------------------------------------
GROSS UNREALIZED
AMORTIZED -------------------- FAIR
COST GAINS LOSSES VALUE
--------- ------ ------ --------
<S> <C> <C> <C> <C>
U.S. Corporate................................... $ 75,705 $2,024 $16 $ 77,713
Mortgage-backed.................................. 25,518 592 -- 26,110
U.S. Treasury securities and obligations of
U.S. government agencies....................... 11,935 221 24 12,132
-------- ------ --- --------
Total fixed maturity securities available for
sale........................................ 113,158 2,837 40 115,955
-------- ------ --- --------
Equity securities available for sale............. 4,061 74 -- 4,135
-------- ------ --- --------
Total securities available for sale............ $117,219 $2,911 $40 $120,090
======== ====== === ========
</TABLE>
The amortized cost and fair value of fixed maturity securities available for
sale by contractual maturity at December 31, 1998 are shown below. Expected
maturities may differ from contractual maturities because borrowers may have the
right to call or prepay obligations with or without call or prepayment
penalties.
<TABLE>
<CAPTION>
AMORTIZED FAIR
COST VALUE
--------- --------
<S> <C> <C>
Due in one year or less..................................... $ 3,933 $ 3,964
Due after one year through five years....................... 39,120 40,029
Due after five years through ten years...................... 54,266 56,034
Due after ten years......................................... 14,017 14,705
Mortgage-backed securities.................................. 35,314 35,730
-------- --------
Total..................................................... $146,650 $150,462
======== ========
</TABLE>
The Company purchases exchange and privately traded options to support certain
equity index annuity policyowner liabilities. These derivatives, reflected as
other invested assets, are used to manage fluctuations in the equity market risk
granted to the policyowners of the equity advantage annuities. These derivatives
involve, to varying degrees, elements of credit risk and market risk. Credit
risk is the risk of loss from a private party failing to perform according to
the terms of the contract. Market risk is the possibility that future changes in
market prices may make the derivative less valuable, which offset guarantees
granted to policyowners. The options value on the balance sheet reflects the
risk of potential loss to the entity.
F-II- 11
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
NOTES TO FINANCIAL STATEMENTS
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996 -- (CONTINUED)
(IN THOUSANDS)
2. INVESTMENTS -- (CONTINUED)
The Company's outstanding positions, which expire over various terms ranging
from 1 to 7 years, shown in notional or contract amounts, along with their cost
and estimated fair values, are summarized as follows:
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31, 1998
---------------------------------
NOTIONAL FAIR
AMOUNT COST VALUE
-------- ---- -----
<S> <C> <C> <C>
Options..................................................... $18,655 $7,096 $10,020
======= ====== =======
</TABLE>
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31, 1997
---------------------------------
NOTIONAL FAIR
AMOUNT COST VALUE
-------- ---- -----
<S> <C> <C> <C>
Options..................................................... $1,340 $1,544 $2,206
====== ====== ======
</TABLE>
3. INCOME TAXES
The items that give rise to deferred tax assets and liabilities relate to the
following:
<TABLE>
<CAPTION>
YEARS ENDED
DECEMBER 31
-----------------
1998 1997
---- ----
<S> <C> <C>
Net unrealized investment gains on securities available for
sale...................................................... $ 1,365 $ 1,080
Deferred policy acquisition costs........................... 36,031 29,271
Prepaid expenses............................................ 833 804
------- -------
Gross deferred tax liability................................ 38,229 31,155
------- -------
Future policy and contract benefits......................... 27,810 20,014
Deferred future revenues.................................... 1,894 1,668
Other....................................................... 177 147
------- -------
Gross deferred tax asset.................................... 29,881 21,829
------- -------
Net deferred tax liability................................ $ 8,348 $ 9,326
======= =======
</TABLE>
The difference between the U.S. federal income tax rate and the consolidated tax
provision rate is summarized as follows:
<TABLE>
<CAPTION>
YEARS ENDED DECEMBER 31
------------------------
1998 1997 1996
---- ---- ----
<S> <C> <C> <C>
Federal statutory tax rate.................................. 35.0% 35.0% 35.0%
Other....................................................... (6.7) 2.9 4.3
---- ---- ----
Effective tax rate........................................ 28.3% 37.9% 39.3%
==== ==== ====
</TABLE>
The Company's federal income tax returns have been examined by the Internal
Revenue Service (IRS) through 1995. The Company is currently appealing certain
adjustments proposed by the IRS for tax years 1993 through 1995. Management
believes adequate provisions have been made for any additional taxes which may
become due with respect to the adjustments proposed by the IRS.
F-II- 12
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
NOTES TO FINANCIAL STATEMENTS
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996 -- (CONTINUED)
(IN THOUSANDS)
4. RELATED PARTY TRANSACTIONS
Affiliates provide technical, financial, legal, marketing and investment
advisory support to the Company under administrative service agreements. The
cost of these services to the Company for years ended December 31, 1998, 1997
and 1996 was $11,737, $12,082 and $10,922, respectively.
The Company entered into reinsurance agreements (yearly renewable term) with
affiliates. Under this agreement, these affiliates assume life insurance risk in
excess of the Company's retention limit. These reinsurance contracts do not
relieve the Company of its obligations to its policyowners. The Company paid
$4,104, $3,810 and $3,301 of net reinsurance premiums to affiliates for the
years ended December 31, 1998, 1997 and 1996, respectively. The Company has
received reinsurance recoveries from affiliates of $3,310, $2,260 and $659 for
the years ended December 31, 1998, 1997 and 1996, respectively.
The Company has entered into guarantee agreements with ALIC, AmerUs and AMAL
Corporation whereby, they guarantee the full, complete and absolute performance
of all duties and obligations of the Company.
The Company's variable life and annuity products are distributed through
Ameritas Investment Corp., a wholly-owned subsidiary of AMAL Corporation. The
Company received $93 and $54 for the years ended December 31, 1997 and 1996,
respectively, from this affiliate to partially defray the costs of materials and
prospectuses. The Company received no recovery to defray these cost for the year
ended December 31, 1998. Policies placed by this affiliate generated commission
expense of $28,353, $23,232 and $20,373 for the years ended December 31, 1998,
1997 and 1996, respectively.
Transactions with related parties are not necessarily indicative of revenues and
expenses which would have occurred had the parties not been related.
5. BENEFIT PLANS
The Company provides retirement and postretirement medical benefits to
qualifying employees. Prior to August 1, 1997 these benefits were provided under
plans which covered substantially all employees of Ameritas Life Insurance Corp.
and its subsidiaries. Concurrent with the transfer of a significant number of
employees to the Company, effective August 1, 1997, AMAL Corporation assumed the
benefit obligations associated with these plans.
The Company is included in a multiple employer noncontributory defined benefit
plan that covers substantially all full-time employees of Ameritas Life
Insurance Corp. and its subsidiaries and AMAL Corporation and its subsidiaries.
Pension costs include current service costs, which are accrued and funded on a
current basis, and post service costs, which are amortized over the average
remaining service life of all employees on the adoption date. Total Company
contributions for the years ended December 31, 1998 and 1997 were $163 and $29,
respectively. The Company had no full time employees during 1996.
The Company's employees also participate in a defined contribution thrift plan
that covers substantially all full time employees of Ameritas Life Insurance
Corp. and its subsidiaries. Company matching contributions under the plan range
from 1% to 3% of the participant's compensation. Total Company contributions for
the years ended December 31, 1998 and 1997 were $47 and $24, respectively. The
Company had no full time employees during 1996.
The Company is also included in the postretirement benefit plan providing group
medical coverage to retired employees of AMAL Corporation and its subsidiaries.
Prior to August 1, 1997 these benefits were provided under a plan with Ameritas
Life Insurance Corp. These benefits are a specified percentage of premium until
age 65 and a flat dollar amount thereafter. Employees become eligible for these
benefits upon the attainment of age 55, 15 years of service and participation in
the plan for the immediately preceding 5 years. Benefit costs include the
expected cost of postretirement benefits for newly eligible
F-II- 13
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
NOTES TO FINANCIAL STATEMENTS
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996 -- (CONTINUED)
(IN THOUSANDS)
5. BENEFIT PLANS -- (CONTINUED)
employees, interest cost, and gains and losses arising from differences between
actuarial assumptions and actual experience. Total Company contributions for the
years ended December 31, 1998 and 1997 were $12 and $5, respectively. The
Company had no full time employees during 1996.
Expenses for the defined benefit plan and postretirement group medical plan are
allocated to the Company based on the number of associates in AMAL Corporation
and its subsidiaries.
6. INSURANCE REGULATORY MATTERS
Net income (loss), as determined in accordance with statutory accounting
practices, was $321, $2,048 and $855 for 1998, 1997 and 1996, respectively. The
Company's statutory surplus was $44,589, $45,265 and $44,100 at December 31,
1998, 1997 and 1996, respectively. Effective January 1, 1996 the Company changed
reserving methods used for most existing products resulting in an increase in
statutory surplus of approximately $20,601. The Company is required to maintain
a certain level of surplus to be in compliance with state laws and regulations.
Company surplus is monitored by state regulators to ensure compliance with risk
based capital requirements.
Under statutes of the Insurance Department of the State of Nebraska, the Company
is limited in the amount of dividends it can pay to its stockholder. On February
28, 1996 the Board of Directors declared a return of paid-in-capital of $15,000
payable by way of a note due on or before August 15, 1996. The note was retired
on August 15, 1996. This action was approved by the State of Nebraska Insurance
Department and any additional distributions of capital or surplus will require
approval of the Insurance Department.
7. FAIR VALUE OF FINANCIAL INSTRUMENTS
The following disclosures are made regarding fair value information about
certain financial instruments for which it is practicable to estimate that
value. In cases where quoted market prices are not available, fair values are
based on estimates using present value or other valuation techniques. Those
techniques are significantly affected by the assumptions used, including the
discount rate and estimates of future cash flows. In that regard, the derived
fair value estimates, in many cases, may not be realized in immediate settlement
of the instrument. All nonfinancial instruments are excluded from disclosure
requirements. Accordingly, the aggregate fair value amounts presented do not
represent the underlying value of the Company.
The fair value estimates presented herein are based on pertinent information
available to management as of December 31, 1998 and 1997. Although management is
not aware of any factors that would significantly affect the estimated fair
value amounts, such amounts have not been comprehensively revalued for purposes
of these financial statements since that date; therefore, current estimates of
fair value may differ significantly from the amounts presented herein.
The following methods and assumptions were used by the Company in estimating its
fair value disclosures for each class of financial instrument for which it is
practicable to estimate a value:
FIXED MATURITY SECURITIES AVAILABLE FOR SALE -- For publicly traded
securities, fair value is determined using an independent pricing source.
For securities without a readily ascertainable fair value, the value has
been determined using an interest rate spread matrix based upon quality,
weighted average maturity and Treasury yields.
EQUITY SECURITIES AVAILABLE FOR SALE -- Fair value is determined using
an independent pricing source.
LOANS ON INSURANCE POLICIES -- Fair values for loans on insurance
policies are estimated using a discounted cash flow analysis at interest
rates currently offered for similar loans with similar remaining
F-II- 14
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
NOTES TO FINANCIAL STATEMENTS
FOR THE YEARS ENDED DECEMBER 31, 1998, 1997 AND 1996 -- (CONTINUED)
(IN THOUSANDS)
7. FAIR VALUE OF FINANCIAL INSTRUMENTS -- (CONTINUED)
terms. Loans on insurance policies with similar characteristics are
aggregated for purposes of the calculations.
OTHER INVESTED ASSETS -- Fair value is determined using an independent
pricing source.
CASH AND CASH EQUIVALENTS, ACCRUED INVESTMENT INCOME AND REINSURANCE
RECOVERABLE -- The carrying amounts equal fair value.
ACCUMULATED CONTRACT VALUES -- Funds on deposit which do not have
fixed maturities are carried at the amount payable on demand at the
reporting date, which approximates fair value.
Estimated fair values are as follows:
<TABLE>
<CAPTION>
DECEMBER 31
------------------------------------------------
1998 1997
---------------------- ----------------------
CARRYING CARRYING
AMOUNT FAIR VALUE AMOUNT FAIR VALUE
-------- ---------- -------- ----------
<S> <C> <C> <C> <C>
Financial assets:
Fixed maturity securities, available for sale..... $150,462 $150,462 $115,955 $115,955
Equity securities, available for sale............. 2,020 2,020 4,135 4,135
Loans on insurance policies....................... 10,949 10,286 7,482 6,657
Other invested assets............................. 10,020 10,020 2,206 2,206
Cash and cash equivalents......................... 12,011 12,011 13,711 13,711
Accrued investment income......................... 2,425 2,425 1,801 1,801
Reinsurance recoverable -- affiliates............. 455 455 514 514
Financial liabilities:
Accumulated contract values excluding amounts held
under insurance contracts...................... 199,585 199,585 144,109 144,109
</TABLE>
8. SEPARATE ACCOUNTS
The Company is currently marketing variable life and variable annuity products
which have separate accounts as an investment option. Separate Account V
(Account V) was formed to receive and invest premium receipts from variable life
insurance policies issued by the Company. Separate Account VA-2 (Account VA-2)
was formed to receive and invest premium receipts from variable annuity policies
issued by the Company. Both Separate Accounts are registered under the
Investment Company Act of 1940, as amended, as unit investment trusts. Account V
and VA-2's assets and liabilities are segregated from the other assets and
liabilities of the Company.
Amounts in the Separate Accounts are:
<TABLE>
<CAPTION>
DECEMBER 31
---------------------------
1998 1997
---------- ----------
<S> <C> <C>
Separate Account V.......................................... $ 282,653 $ 197,729
Separate Account VA-2....................................... 1,426,795 1,067,619
---------- ----------
$1,709,448 $1,265,348
========== ==========
</TABLE>
9. COMMITMENTS AND CONTINGENCIES
The Company has a $15,000 unsecured line of credit entered into in September,
1998. No balance was outstanding at any time during 1998.
F-II- 15
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
BALANCE SHEET
(IN THOUSANDS, EXCEPT PER SHARE DATA)
(UNAUDITED)
ASSETS
JUNE 30, 1999
-------------
Investments:
Fixed maturity securities, available for sale
(amortized cost $167,459) $ 164,317
Equity securities, available for sale (amortized
cost $2,031) 1,813
Loans on insurance policies 13,136
Other invested assets 12,939
----------
Total investments 192,205
Cash and cash equivalents 6,921
Accrued investment income 2,709
Prepaid reinsurance premium--affiliates 2,482
Deferred policy acquisition costs 139,467
Other 1,938
Separate Accounts 2,035,317
----------
$2,381,039
==========
LIABILITIES AND STOCKHOLDER'S EQUITY
LIABILITIES:
Policy and contract reserves $ 2,033
Policy and contract claims 446
Accumulated contract values 244,218
Unearned policy charges 1,898
Unearned reinsurance ceded allowance 3,700
Federal income taxes--
Current 1,596
Deferred 6,622
Other 9,767
Separate Accounts 2,035,317
----------
Total Liabilities 2,305,597
----------
Commitments and contingencies
STOCKHOLDER'S EQUITY:
Common stock, par value $100 per share;
authorized 50,000 shares, issued and
outstanding 40,000 shares 4,000
Additional paid-in capital 41,870
Retained earnings 30,551
Accumulated other comprehensive income (979)
----------
Total Stockholder's Equity 75,442
----------
$2,381,039
==========
THE ACCOMPANYING NOTES ARE AN INTEGRAL PART OF THESE FINANCIAL STATEMENTS.
F-II(U)-1
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
STATEMENT OF OPERATIONS
FOR THE SIX MONTHS ENDED JUNE 30, 1999
(IN THOUSANDS)
(UNAUDITED)
INCOME:
Insurance revenues:
Contract charges $24,413
Premium-reinsurance ceded (4,232)
Reinsurance ceded allowance 1,801
Investment revenues:
Investment income, net 8,765
Realized gain(loss), net (51)
Other 1,620
-------
32,316
-------
BENEFITS AND EXPENSES:
Policy benefits:
Death benefits 1,061
Interest credited 7,651
Increase in policy and contract reserves 352
Other 118
Sales and operating expenses 10,827
Amortization of deferred policy
acquisition costs 7,492
-------
27,501
-------
INCOME BEFORE FEDERAL INCOME TAXES 4,815
-------
Income taxes--current 2,422
Income taxes--deferred (724)
-------
Total income taxes 1,698
-------
NET INCOME $ 3,117
=======
THE ACCOMPANYING NOTES ARE AN INTEGRAL PART OF THESE FINANCIAL STATEMENTS.
F-II(U)-2
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
STATEMENT OF COMPREHENSIVE INCOME
FOR THE SIX MONTHS ENDED JUNE 30, 1999
(IN THOUSANDS)
(UNAUDITED)
Net income $3,117
Other comprehensive income, net of tax:
Unrealized gain(loss) on securities:
Unrealized holding gains arising
during the period (net of deferred
tax of $1,021) (1,897)
Reclassification adjustment for gain(loss)
included in net income (net of deferred
tax of $18) 34
-------
Other comprehensive income (loss) (1,863)
-------
Comprehensive income $1,254
=======
THE ACCOMPANYING NOTES ARE AN INTEGRAL PART OF THESE FINANCIAL STATEMENTS.
F-II(U)-3
<PAGE>
<TABLE>
<CAPTION>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
STATEMENT OF STOCKHOLDER'S EQUITY
FOR THE SIX MONTHS ENDED JUNE 30, 1999
(IN THOUSANDS, EXCEPT SHARES)
(UNAUDITED)
ACCUMULATED
ADDITIONAL OTHER
COMMON STOCK PAID-IN RETAINED COMPREHENSIVE
SHARES AMOUNT CAPITAL EARNINGS INCOME TOTAL
------ ------ ------- -------- ----------- -------
<S> <C> <C> <C> <C> <C> <C>
BALANCE, January 1, 1999 40,000 $4,000 $ 40,370 $ 27,434 $ 884 $ 72,688
Capital contribution from
AMAL Corporation -- -- 1,500 -- -- 1,500
Net unrealized investment
loss, net -- -- -- -- (1,863) (1,863)
Net income -- -- - 3,117 -- 3,117
------ ------ ------- -------- -------- --------
BALANCE, June 30, 1999 40,000 $4,000 $ 41,870 $ 30,551 $ (979) $ 75,442
------ ------ -------- -------- -------- --------
THE ACCOMPANYING NOTES ARE AN INTEGRAL PART OF THESE FINANCIAL STATEMENTS.
</TABLE>
F-II(U)-4
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
STATEMENT OF CASH FLOWS
FOR THE SIX MONTHS ENDED JUNE 30, 1999
(IN THOUSANDS)
(UNAUDITED)
OPERATING ACTIVITIES
Net Income $ 3,117
Adjustments to reconcile net income to net cash
provided by operating activities:
Amortization of deferred policy acquisition
costs 7,492
Policy acquisition costs deferred (21,428)
Interest credited to contract values 7,651
Amortization of discounts or premiums 51
Net gains on other invested assets (2,817)
Net realized loss on investment transactions 51
Deferred income taxes (724)
Change in assets and liabilities:
Accrued investment income (284)
Reinsurance recoverable-affiliates 455
Prepaid reinsurance premium-affiliates (102)
Other assets (244)
Policy and contract reserves 352
Policy and contract claims (179)
Unearned policy charges 84
Federal income tax payable-current (1,345)
Unearned reinsurance ceded allowance 104
Other liabilities 1,685
-------
Net cash from operating activities (6,081)
-------
INVESTING ACTIVITIES
Purchase of fixed maturity securities
available for sale (27,822)
Purchase of other invested assets (1,253)
Proceeds from maturities or repayment of
fixed maturity securities available for sale 4,472
Proceeds from sales of fixed maturity securities
available for sale 2,439
Proceeds from the sale of other invested assets 1,150
Net change in loans on insurance policies (2,187)
--------
Net cash from investing activities (23,201)
-------
FINANCING ACTIVITIES
Capital contribution 1,500
Net change in accumulated contract values 22,692
-------
Net cash from financing activities 24,192
-------
INCREASE (DECREASE) IN CASH AND CASH
EQUIVALENTS (5,090)
CASH AND CASH EQUIVALENTS AT BEGINNING
OF PERIOD 12,011
-------
CASH AND CASH EQUIVALENTS AT END OF PERIOD $6,921
=======
SUPPLEMENTAL CASH FLOW INFORMATION:
Cash paid for income taxes $ 3,767
THE ACCOMPANYING NOTES ARE AN INTEGRAL PART OF THESE FINANCIAL STATEMENTS.
F-II(U)-5
<PAGE>
AMERITAS VARIABLE LIFE INSURANCE COMPANY
NOTES TO FINANCIAL STATEMENTS
JUNE 30, 1999
(UNAUDITED)
1. BASIS OF PRESENTATION AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Ameritas Variable Life Insurance Company (the Company), a stock life insurance
company domiciled in the State of Nebraska, is a wholly-owned subsidiary of AMAL
Corporation, a holding company 66% owned by Ameritas Life Insurance Corporation
(ALIC) and 34% owned by AmerUs Life Insurance Company (AmerUs). The Company
began issuing variable life insurance and variable annuity policies in 1987,
fixed premium annuities in 1996 and equity indexed annuities in 1997. The
variable life, variable annuity, fixed premium annuity and equity indexed
annuity policies are not participating with respect to dividends.
USE OF ESTIMATES
The preparation of financial statements in conformity with generally accepted
accounting principles 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.
2. BASIS OF PRESENTATION OF UNAUDITED INTERIM FINANCIAL STATEMENTS:
Management believes that all adjustments, consisting of only normal recurring
accruals, considered necessary for a fair presentation of the unaudited interim
financial statements have been included. The results of operations for any
interim period are not necessarily indicative of results for the full year. The
unaudited interim financial statements should be read in conjunction with the
audited financial statements and notes thereto for the years ended December 31,
1998, 1997 and 1996.
F-II(U)-6
<PAGE>
APPENDIX A
ILLUSTRATIONS OF DEATH BENEFITS AND VALUES
The following tables illustrate how the values and Death Benefits of a Policy
may change with the investment experience of the Fund. The tables show how the
values and Death Benefits of a Policy issued to an Insured of a given age and
specified underwriting risk classification who pays the given premium at issue
would vary over time if the investment return on the assets held in each
portfolio of the Funds were a uniform, gross, after-tax annual rate of 0%, 6%,
or 12%. The tables on pages A-3 through A-6 illustrate a Policy issued to a
male, age 45, under a preferred rate non-tobacco underwriting risk
classification. This Policy provides for a standard tobacco use and non-tobacco
use, and preferred non-tobacco classification and different rates for certain
specified amounts. The values and Death Benefits would be different from those
shown if the gross annual investment rates of return averaged 0%, 6%, and 12%
over a period of years, but fluctuated above and below those averages for
individual Policy Years, or if the Insured were assigned to a different
underwriting risk classification.
The second column of the tables shows the accumulated value of the premiums paid
at 5%. The following columns show the Death Benefits and the values for uniform
hypothetical rates of return shown in these tables. The tables on pages A-3 and
A-5 are based on the current Cost of Insurance Rates, current expense deductions
and the maximum percent of premium loads. These reflect the basis on which AVLIC
currently sells its Policies. The maximum allowable Cost of Insurance Rates
under the Policy are based upon the 1980 Commissioner's Standard Ordinary Smoker
and Non-Smoker, Male and Female Mortality Tables (Smoker is referenced for
tobacco use rates; Non-Smoker is referenced for non-tobacco use rates). Since
these are recent tables and are split to reflect tobacco use and sex, the
current Cost of Insurance Rates used by AVLIC are at this time equal to the
maximum Cost of Insurance Rates for many ages. AVLIC anticipates reflecting
future improvements in actual mortality experience through adjustments in the
current Cost of Insurance Rates actually applied. AVLIC also anticipates
reflecting any future improvements in expenses incurred by applying lower
percent of premiums of loads and other expense deductions. The Death Benefits
and values shown in the tables on pages A-4 and A-6 are based on the assumption
that the maximum allowable Cost of Insurance Rates as described above and
maximum allowable expense deductions are made throughout the life of the Policy.
The amounts shown for the Death Benefits, Surrender values and accumulation
values reflect the fact that the net investment return of the Subaccounts is
lower than the gross, after-tax return of the assets held in the Funds as a
result of expenses paid by the Fund and charges levied against the Subaccounts.
The values shown take into account an average of the expenses paid by each
portfolio available for investment at an equivalent annual rate of .89% (which
is in excess of the current equivalent annual rate of .87% of the aggregate
average daily net assets of the Funds) and the daily charge by AVLIC to each
Subaccount for assuming mortality and expense risks and administrative expenses
(which is equivalent to a charge at an annual rate of 0.70% for Policy Years
1-20 and 0.45% thereafter on pages A-3 and A-5 and at an annual rate of 1.15% on
pages A-4 and A-6 of the average net assets of the Subaccounts). A portion of
the brokerage commissions that certain Fidelity Funds pay was used to reduce
Funds expenses. In addition, certain Fidelity Funds have entered into
arrangements with their custodian whereby interest earned on uninvested cash
balances was used to reduce custodian expenses. Without these reductions,
expenses would have been higher. The Investment Advisor or other affiliates of
the various Funds have agreed to reimburse the portfolios to the extent that the
aggregate operating expenses (certain portfolios may exclude certain items) were
in excess of an annual rate of .30% for the Ameritas Money Market portfolio,
.28% for the Ameritas Index 500 Portfolio, .79% for the Ameritas Growth
portfolio; .70% for the Ameritas Income & Growth portfolio, .89% for the
Ameritas Small Capitalization portfolio, .84% for the Ameritas MidCap Growth
portfolio, .85% for the Ameritas Emerging Growth portfolio, .86% for the
Ameritas Research portfolio, .88% for the Ameritas Growth With Income portfolio,
1.25% for the Alger American Balanced portfolio; 1.50% for the Alger American
Leveraged AllCap portfolio, 1.20% for the MSDW Asian Equity, 1.15% for the MSDW
Global Equity and MSDW International Magnum, 1.10% for the MSDW U.S. Real Estate
Portfolios of daily net assets. MFS Co. has agreed to bear expenses for the
Global Governments Series and New Discovery Series, subject to reimbursement by
the series, such that each series "Other Expenses" shall not exceed .25% of the
average daily net assets of the series during the current fiscal year. These
agreements are expected to continue in future years but may be terminated at any
time. As long as the expense limitations continue for a portfolio, if a
reimbursement occurs, it has the effect of lowering the portfolio's expense
ratio and increasing its total return. The illustrated gross annual investment
rates of return of 0%, 6%, and 12% were computed after deducting fund expenses
and correspond to approximate net annual rates of -1.60%, 4.40%, and 10.40%
respectively, for Policy Years 1-20 and -1.35%, 4.65%, and 10.65% for the Policy
Years thereafter respectively, on pages A-3 and A-5 and -2.05%, 3.95%, and 9.95%
respectively, on pages A-4 and A-6.
The hypothetical values shown in the tables do not reflect any charges for
federal income tax burden attributable to Separate Account V, since AVLIC is not
currently making such charges. However, such charges may be made in the future
and, in that event, the gross annual investment rate of return would have to
exceed 0 percent, 6 percent, or 12 percent by an amount
A-1
<PAGE>
sufficient to cover the tax charges in order to produce the Death Benefits and
Accumulation Values illustrated. (See the section on Federal Tax Matters.) The
tables illustrate the Policy values that would result based upon the
hypothetical investment rates of return if premiums are paid as indicated, if
all Net Premiums are allocated to Separate Account V, and if no Policy loans
have been made. The tables are also based on the assumptions that the Policy
Owner has not requested an increase or decrease in the initial Specified Amount,
that no partial withdrawals have been made, and that no more than fifteen
transfers have been made in any Policy Year so that no transfer charges have
been incurred. Illustrated values would be different if the proposed Insured
were female, a tobacco user, in substandard risk classification, or were another
age, or if a higher or lower premium was illustrated.
Upon request, AVLIC will provide comparable illustrations based upon the
proposed Insured's age, sex and underwriting classification, the Specified
Amount, the Death Benefit option, and planned periodic premium schedule
requested, and any available riders requested. In addition, upon client request,
illustrations may be furnished reflecting allocation of premiums to specified
Subaccounts. Such illustrations will reflect the expenses of the portfolio in
which the Subaccount invests.
A-2
<PAGE>
<TABLE>
<CAPTION>
ILLUSTRATION OF POLICY VALUES
AMERITAS VARIABLE LIFE INSURANCE COMPANY
ENDOWMENT AT AGE 100
Male Issue Age: 45 Nontobacco Preferred Underwriting Class
PLANNED PERIODIC ANNUAL PREMIUM: $6000
INITIAL SPECIFIED AMOUNT: $500000
DEATH BENEFIT OPTION: A
USING CURRENT SCHEDULE OF COST OF INSURANCE RATES
0% Hypothetical Gross 6% Hypothetical Gross 12% Hypothetical Gross
Annual investment Return Annual investment Return Annual Investment Return
(-l.79% Net) (4.21% Net) (10.21% Net)
-------------------------- ------------------------ --------------------------
Accumulated
End Of Premiums At Accumu- Cash Accumu- Cash Accumu- Cash
Policy 5% Interest lation Surrender Death lation Surrender Death lation Surrender Death
Year Per Year Value Value Benefit Value Value Benefit Value Value Benefit
---- -------- ----- ----- ------- ----- ----- ------- ----- ----- -------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1 6300 4405 0 500000 4711 0 500000 5018 0 500000
2 12915 8626 1911 500000 9513 2798 500000 10438 3723 500000
3 19860 12663 5948 500000 14407 7692 500000 16301 9586 500000
4 27153 16520 9805 500000 19400 12685 500000 22657 15942 500000
S 34811 20197 13482 500000 24493 17778 500000 29554 22839 500000
6 42852 23699 17655 500000 29695 23652 500000 37056 31013 500000
7 51294 27020 21648 500000 35004 29632 500000 45220 39848 500000
8 60159 30171 25470 500000 40431 35731 500000 54128 49427 500000
9 69467 33144 29115 500000 45977 41948 500000 63853 59824 500000
10 79240 35941 32583 500000 51646 48289 500000 74485 71127 500000
15 135944 47219 47219 500000 81991 81991 500000 145177 145177 500000
20 208315 53019 53019 500000 115476 115476 500000 259307 259307 500000
Ages
60 135944 47219 47219 500000 81991 81991 500000 145177 145177 500000
65 208315 53019 53019 500000 115476 115476 500000 259307 259307 500000
70 300680 47418 47418 500000 149178 149178 500000 452488 452488 524886
75 418564 20154 20154 500000 175961 175961 500000 781429 781429 836129
</TABLE>
1) Assumes an annual $6000 premium is paid at the beginning ofeach policy year.
Values would be different if premiums with a different frequency or in different
amounts.
2) Assumes that no policy loan has been made. Excessive loans or withdrawals may
cause this policy to lapse because of insufficient cash value.
THE HYPOTHETICAL INVESTMENT RATES OF RETURN SHOWN ABOVE AND ELSEWHERE IN THIS
PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE DEEMED A REPRESENTATION OF
PAST OR FUTURE INVESTMENT RATES OF RETURN. ACTUAL RATES OF RETURN MAY BE MORE OR
LESS THAN THOSE SHOWN AND WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING THE
INVESTMENT ALLOCATIONS MADE BY AN OWNER, DEATH BENEFIT OPTION SELECTED,
PREVAILING INTEREST RATES AND RATES OF INFLATION. THE DEATH BENEFIT AND CASH
VALUE FOR A CONTRACT WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL RATES OF
RETURN AVERAGED 0%, 6%, AND 12% OVER A PERIOD OF YEARS, BUT ALSO FLUCTUATED
ABOVE OR BELOW THOSE AVERAGES FOR INDIVIDUAL CONTRACT YEARS. NO REPRESENTATIONS
CAN BE MADE BY AVLIC OR THE FUNDS THAT THESE HYPOTHETICAL RATES OF RETURN CAN BE
ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER ANY PERIOD OF TIME.
A-3
<PAGE>
<TABLE>
<CAPTION>
ILLUSTRATION OF POLICY VALUES AMERITAS VARIABLE LIFE INSURANCE COMPANY
ENDOWMENT AT AGE 100
Male Issue Age: 45 Nontobacco Preferred Underwriting Class
PLANNED PERIODIC ANNUAL PREMIUM: $6000
INITIAL SPECIFIED AMOUNT: $500000
DEATH BENEFIT OPTION: A
USING MAXIMUM ALLOWABLE SCHEDULE OF COST OF INSURANCE RATES
0% Hypothetical Gross 6% Hypothetical Gross 12% Hypothetical Gross
Annual investment Return Annual investment Return Annual Investment Return
(-2.04% Net) (3.96% Net) (9.96% Net)
-------------------------- ------------------------ --------------------------
Accumulated
End Of Premiums At Accumu- Cash Accumu- Cash Accumu- Cash
Policy 5% Interest lation Surrender Death lation Surrender Death lation Surrender Death
Year Per Year Value Value Benefit Value Value Benefit Value Value Benefit
---- -------- ----- ----- ------- ----- ----- ------- ----- ----- -------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1 6300 4405 0 500000 4711 0 500000 5018 0 500000
2 12915 8042 1327 500000 8908 2193 500000 9812 3097 500000
3 19860 11491 4776 500000 13155 6440 500000 14968 8253 500000
4 27153 14734 8019 500000 17436 10721 500000 20503 13788 500000
5 34811 17758 11043 500000 21735 15020 500000 26441 19726 500000
6 42852 20560 14516 500000 26044 20001 500000 32813 26775 500000
7 51294 23110 17738 500000 30337 24965 500000 39652 34280 500000
8 60159 25385 20684 500000 34581 29881 500000 46963 42262 500000
9 69467 27360 23331 500000 38753 34724 500000 54780 50751 500000
10 79240 29002 25644 500000 42808 39451 500000 63129 59771 500000
15 135944 31280 31280 500000 60192 60192 500000 114361 114361 500000
20 208315 19566 19566 500000 67704 67704 500000 187183 187183 500000
Ages
60 135944 31280 31280 500000 60192 60192 500000 114361 114361 500000
65 208315 9566 19566 500000 67704 67704 500000 187183 187183 500000
70 300680 0* 0* 0* 51765 51765 500000 295923 295923 500000
75 413564 0* 0* 0* 0* 0* 0* 481266 481266 514954
* In the absence of an additional premium
</TABLE>
1) Assumes an annual $6000 premium is paid at the beginning of each policy year.
Values would be different if premiums with a different frequency or in differeut
amounts.
2) Assumes that no policy loan has been made. Excessive loans or withdrawals may
cause thi policy to lapse because of insufficient cash value.
THE HYPOTHETICAL INVESTMENT RATES OF RETURN SHOWN ABOVE AND ELSEWHERE IN THIS
PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE DEEMED A REPRESENTATION OF
PAST OR FUTURE INVESTMENT RATES OF RETURN. ACTUAL RATES OF RETURN MAY BE MORE OR
LESS THAN THOSE SHOWN AND WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING THE
INVESTMENT ALLOCATIONS MADE BY AN OWNER, DEATH BENEFIT OPTION SELECTED,
PREVAILING INTEREST RATES AND RATES OF INFLATION. THE DEATH BENEFIT AND CASH
VALUE FOR A CONTRACT WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL RATES OF
RETURN AVERAGED 0%, 6%, AND 12% OVER A PERIOD OF YEARS, BUT ALSO FLUCTUATED
ABOVE OR BELOW THOSE AVERAGES FOR INDIVIDUAL CONTRACT YEARS. NO REPRESENTATIONS
CAN BE MADE BY AVLIC OR THE FUNDS THAT THESE HYPOTHETICAL RATES OF RETURN CAN BE
ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER ANY PERIOD OF TIME.
A-4
<PAGE>
<TABLE>
<CAPTION>
ILLUSTRATION OF POLICY VALVES AMERITAS VARIABLE LIFE INSURANCE COMPANY
ENDOWMENT AT AGE 100
Male rssue Age: 45 Nontobacco Preferred Underwriting Class
PLANNED PERIODIC ANNUAL PREMIUM: $20000
INITIAL SPECIFIED AMOUNT: $500000
DEATH BENEFIT OPTION: B
USING CURRENT SCHEDULE OF COST OF INSURANCE RATES
0% Viypothetical Gross 6% Hypothetical Gross 12% Hypothetical Gross
Annual Investment Return Annual Investment Return Annual Investment Return
(-1.79% Net) (4.21% Net) (10.21% Net)
-------------------------- ------------------------ --------------------------
Accumulated
End Of Premiums At Accumu- Cash Accumu- Cash Accumu- Cash
Policy 5% Interest lation Surrender Death lation Surrender Death lation Surrender Death
Year Per Year Value Value Benefit Value Value Benefit Value Value Benefit
---- -------- ----- ----- ------- ----- ----- ------- ----- ----- -------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1 21000 17661 10946 517661 18777 12062 517661 19893 13178 519893
2 43050 34887 28172 534887 38222 31507 534887 41691 34976 541691
3 66202 51682 44967 551682 58358 51643 551682 65584 58869 565584
4 90512 68053 61338 568053 79215 72500 568053 91785 85070 591785
5 116038 84003 77288 584003 100817 94102 584003 120524 113809 620524
6 142840 99539 93496 599539 123197 117154 599539 152062 146019 652062
7 170982 114659 109287 614659 146377 141005 614659 186673 181301 686673
8 200531 129376 124675 629376 170395 165694 629376 224676 219976 724676
9 231557 143686 139657 643686 195277 191248 643686 266408 262379 766408
10 264135 157592 154234 657592 221054 217697 657592 312244 308887 812244
15 453149 221113 221113 721113 364528 364528 721113 619012 619012 1119012
20 694384 273836 273836 773836 534777 534777 773836 1130876 1110876 1610876
Ages
60 453149 221113 221113 721113 364528 364528 721113 619012 619012 1119012
65 694384 273836 273836 773836 534777 534777 773836 1110876 1110876 1610876
70 1002268 312745 312745 812745 746515 746515 812745 1938642 1938642 2438642
75 1395214 326042 326042 826042 987033 987033 826042 3287390 3287390 3787390
</TABLE>
1) Assumes an annual $20000 premium is paid at the beginning of each policy
year. Values would be different if premiums with a different frequency or in
different amounts.
2) Assumes that no policy loan has been made. Excessive loans or withdrawals may
cause this policy to lapse because of insufficient cash value.
THE HYPOTHETICAL INVESTMENT RATES OF RETURN SHOWN ABOVE AND ELSEWHERE IN THIS
PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE DEEMED A REPRESENTATION OF
PAST OR FUTURE INVESTMENT RATES OF RETURN. ACTUAL RATES OF RETURN MAY BE MORE OR
LESS THAN THOSE SHOWN AND WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING THE
INVESTMENT ALLOCATIONS MADE BY AN OWNER, DEATH BENEFIT OPTION SELECTED,
PREVAILING INTEREST RATES AND RATES OF INFLATION. THE DEATH BENEFIT AND CASH
VALUE FOR A CONTRACT WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL RATES OF
RETURN AVERAGED 0%, 6%, AND 12% OVER A PERIOD OF YEARS, BUT ALSO FLUCTUATED
ABOVE OR BELOW THOSE AVERAGES FOR INDIVIDUAL CONTRACT YEARS. NO REPRESENTATIONS
CAN BE MADE BY AVLIC OR THE FUNDS THAT THESE HYPOTHETICAL RATES OF RETURN CAN BE
ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER ANY PERIOD OF TIME.
A-5
<PAGE>
<TABLE>
<CAPTION>
ILLUSTRATION OF POLICY VALUES AMERITAS VARIABLE LIFE INSURANCE COMPANY
ENDOWMENT AT AGE 100
Male Issue Age: 45 Nontobacco Preferred Underwriting Class
PLANNED PERIODIC ANNUAL PREMIUM: $20000
[NITIAL SPECIFIED AMOUNT: $500000
DEATH BENEFIT OPTION: B
USING MAXIMUM ALLOWABLE SCHEDULE OF COST OF INSURANCE RATES
0% Hypothetical Gross 6% Hypothetical Gross 12% Hypothetical Gross
Annual investment Return Annual investment Return Annual Investment Return
(-2.04% Net) (3.96% Net) (9.96% Net)
-------------------------- ------------------------ --------------------------
Accumulated
End Of Premiums At Accumu- Cash Accumu- Cash Accumu- Cash
Policy 5% Interest lation Surrender Death lation Surrender Death lation Surrender Death
Year Per Year Value Value Benefit Value Value Benefit Value Value Benefit
---- -------- ----- ----- ------- ----- ----- ------- ----- ----- -------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1 21000 17614 10899 517614 18730 12015 518730 19847 13132 519847
2 43050 33991 27276 533991 37286 30571 537286 40717 34002 540717
3 66202 49891 43176 549891 56430 49715 556430 63515 56800 563515
4 90512 65314 58599 565314 76174 69459 576174 88420 81705 588420
S 116038 80249 73534 580249 96522 89807 596522 115624 108909 615624
6 142840 94698 88655 594698 117487 111444 617488 145342 139299 645342
7 170982 108636 103264 608636 139061 133689 639061 177791 172419 677791
8 200531 122039 117338 622038 161229 156528 661228 213203 208503 713204
9 231557 134887 130858 634887 183984 179955 683984 251846 247817 751846
10 264135 147148 143790 647148 207306 203949 707306 293991 290634 793992
15 453149 198864 198864 698864 331912 331912 831912 569354 569354 1069354
20 694384 231132 231132 731132 466728 466728 966728 993166 993166 1493166
Ages
60 453149 198864 198864 698864 331912 331912 831912 569354 569354 1069354
65 694384 231132 231132 731132 466728 466728 966728 993166 993166 1493166
70 1002268 235504 235504 735504 602030 602030 1102030 1642058 1642058 2142058
75 1395214 198788 198788 698788 719818 719818 1219818 2632615 2632615 3132615
</TABLE>
1) Assumes an annual $20000 premium is paid at the beginning of each policy
year. Values would be different if premiums with a different frequency or in
different amounts.
2) Assumes that no policy loan has been made. Excessive loans or withdrawals may
cause this policy to lapse because of insufficient cash value.
THE HYPOTHETICAL INVESTMENT RATES OF RETURN SHOWN ABOVE AND ELSEWHERE IN THIS
PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE DEEMED A REPRESENTATION OF
PAST OR FUTURE INVESTMENT RATES OF RETURN. ACTUAL RATES OF RETURN MAY BE MORE OR
LESS THAN THOSE SHOWN AND WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING THE
INVESTMENT ALLOCATIONS MADE BY AN OWNER, DEATH BENEFIT OPTION SELECTED,
PREVAILING INTEREST RATES AND RATES OF INFLATION. THE DEATH BENEFIT AND CASH
VALUE FOR A CONTRACT WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL RATES OF
RETURN AVERAGED 0%, 6%, AND 12% OVER A PERIOD OF YEARS, BUT ALSO FLUCTUATED
ABOVE OR BELOW THOSE AVERAGES FOR INDIVIDUAL CONTRACT YEARS. NO REPRESENTATIONS
CAN BE MADE BY AVLIC OR THE FUNDS THAT THESE HYPOTHETICAL RATES OF RETURN CAN BE
ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER ANY PERIOD OF TIME.
A-6
<PAGE>
INCORPORATION BY REFERENCE
The Registrant, Separate Account V purchases or will purchase units from the
portfolios of these funds at the direction of its policyholders. The
prospectuses of these funds will be distributed with this prospectus and are
hereby incorporated by reference. The prospectuses incorporated by reference are
as follows:
Calvert Variable Series, Inc.
Ameritas Portfolios
Registration No. 2-80154
The Variable Insurance Products Fund
Registration No. 2-75010
The Variable Insurance Products Fund II
Registration No. 33-20773
The Alger American Fund
Registration No. 33-21722
MFS Variable Insurance Trust
Registration No. 33-74668
Morgan Stanley Universal Funds, Inc.
Registration No. 333-3013
<PAGE>
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.
Registrant makes the following representation pursuant to the National
Securities Markets Improvements Act of 1996:
Ameritas Variable Life Insurance Company represents that the fees and charges
deducted under the contract, in the aggregate, are reasonable in relation to the
services rendered, the expenses expected to be incurred, and the risks assumed
by the insurance company.
RULE 484 UNDERTAKING
AVLIC's By-laws provide as follows:
The Company shall indemnify any person who was, or is a party, or is threatened
to be made a party, to any threatened, pending or completed action, suit or
proceeding, whether civil, criminal, administrative or investigative by reason
of the fact that he is or was a director, officer, or employee of the Company or
is or was serving at the request of the Company as a director, officer, employee
or agent of another corporation, partnership, joint venture, trust, or other
enterprise, against expenses including attorney's fees, judgments, fines and
amounts paid in settlement actually and reasonably incurred in connection with
such action, suit or proceeding to the full extent authorized by the laws of
Nebraska.
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.
REPRESENTATION PURSUANT TO RULE 6E-3(T)
This filing is made pursuant to Rules 6c-3 and 6e-3(T) under the Investment
Company Act of 1940.
<PAGE>
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the Registrant,
Ameritas Variable Life Insurance Company Separate Account V, certifies that it
meets all the requirements for effectiveness of this Post-Effective Amendment
No. 5 to the Registration Statement pursuant to Rule 485(a) under the Securities
Act of 1933 and has caused this Amendment to the Registration Statement to be
signed on its behalf by the undersigned thereunto duly authorized in the City of
Lincoln, County of Lancaster, State of Nebraska on this 26th day of August,
1999.
AMERITAS VARIABLE LIFE INSURANCE COMPANY
SEPARATE ACCOUNT V, Registrant
AMERITAS VARIABLE LIFE INSURANCE COMPANY, Depositor
Attest: /s/Donald R. Stading By: /s/ Lawrence J. Arth
--------------------------- --------------------------
Secretary Chairman of the Board
Pursuant to the requirements of the Securities Act of 1933, this Registration
Statement has been signed by the Directors and Principal Officers of Ameritas
Variable Life Insurance Company on the dates indicated.
SIGNATURE TITLE DATE
-------------- -------- ---------
/s/ Lawrence J. Arth Director, Chairman of the Board August 26, 1999
- ------------------------ and Chief Executive Officer
Lawrence J. Arth
/s/ William J. Atherton Director, President and August 26, 1999
- ------------------------- Chief Operating Officer
William J. Atherton
/s/ Kenneth C. Louis Director, Executive Vice President August 26, 1999
- -------------------------
Kenneth C. Louis
/s/ Gary R. McPhail Director, Executive Vice President August 26, 1999
- -------------------------
Gary R. McPhail
/s/ Thomas C. Godlasky Director, Senior Vice President August 26, 1999
- ------------------------- and Chief Investment Officer
Thomas C. Godlasky
/s/ JoAnn M. Martin Director, Controller August 26, 1999
- -------------------------
JoAnn M. Martin
<PAGE>
SIGNATURE TITLE DATE
-------------- -------- ---------
/s/ Michael G. Fraizer
- ------------------------- Director August 26, 1999
Michael G. Fraizer
/s/ William W. Lester
- ------------------------- Treasurer August 26, 1999
William W. Lester
/s/ Donald R. Stading
- ------------------------- Secretary and General Counsel August 26, 1999
Donald R. Stading
<PAGE>
CONTENTS OF REGISTRATION STATEMENT
This Registration Statement comprises the following Papers and Documents:
The facing sheet.
The prospectus consisting of 97 pages.
The undertaking to file reports.
The undertaking pursuant to Rule 484.
Representation pursuant to Rule 6e-3(T).
The signatures.
Written consents of the following:
(a) Russell J. Wiltgen
(b) Donald R. Stading
(c) Deloitte & Touche LLP Independent Auditors
The following exhibits:
1. The following exhibits correspond to those required by paragraph A of the
instructions as to exhibits in Form N-8B-2.
(1) Resolution of the Board of Directors of AVLIC Authorizing Establishment
of the Account.*
(2) Not applicable.
(3) (a) Principal Underwriting Agreement.*
(b) Proposed form of Selling Agreement.*
(c) Commission Schedule.**
(d) Amendment to Principal Underwriting Agreement.**
(4) Not applicable.
(5) (a) Proposed Form of Policy.**
(b) Proposed Form of Policy Riders.***
(6) (a) Articles of Incorporation of AVLIC.**
(b) Bylaws of AVLIC.****
(7) Not applicable.
(8) (a) Participation Agreement in the Variable Insurance Products Fund.**
(b) Participation Agreement in the Alger American Fund.**
(c) Participation Agreement in the MFS Variable Insurance Trust.*
(d) Participation Agreement in the Morgan Stanley Universal Funds,
Inc.*
(e) Form of Participation Agreement in the Calvert Variable Series,
Inc. Ameritas Portfolios
(9) Not applicable.
(10) Application for Policy.***
(11) Memorandum describing AVLIC's exchange procedure.*
(12) Memorandum describing AVLIC's issuance, transfer, and redemption
procedures for the Policy.**
2.(a)(b) Opinion and Consent of Donald R. Stading, Secretary and General Counsel
3. No financial statements will be omitted from the final Prospectus pursuant
to Instruction 1(b) or (c) of Part I.
4. Not applicable.
5. Not applicable
7. (a)(b) Opinion and Consent of Actuary
8. Consent of Independent Auditors
9. Form of Notice of Withdrawal Right and Refund pursuant to Rule 6e-3(T)(b)
(13)(viii) under the Investment Company Act of 1940.**
* Incorporated by reference to the initial Registration Statement for
Ameritas Variable Life Insurance Company Separate Account V. File No.
333-15585, filed November 5, 1996.
** Incorporated by reference to the Pre-Effective Amendment to the
Registration Statement for Ameritas Variable Life Insurance Company
Separate Account V. File No. 333-15585, filed January 17, 1997.
*** Incorporated by reference to Pre-Effective Amendment No. 1 to the
Registration Statement for Ameritas Variable Life Insurance Company
Separate Account VA-2, File No. 333-36507, filed February 20, 1998.
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EXHIBIT INDEX
EXHIBIT PAGE
1.(8)(e) Form of Participation Agreement in the Calvert Variable Series,
Inc. Ameritas Portfolios
2.(a)(b) Opinion and Consent of Donald R. Stading
7.(a)(b) Opinion and Consent of Russell J. Wiltgen
8. Consent of Deloitte & Touche LLP
EXHIBIT 1. (8)(E)
Form of Participation Agreement Calvert Variable Series, Inc. Ameritas
Portfolios
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PARTICIPATION AGREEMENT
AMONG
CALVERT VARIABLE SERIES,
------------------------
CALVERT DISTRIBUTORS, INC.,
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AND
AMERITAS VARIABLE LIFE INSURANCE COMPANY
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THIS AGREEMENT, made and entered into this day of , 1999 by and among
AMERITAS VARIABLE LIFE INSURANCE COMPANY, (hereinafter the "Company"), a
Nebraska corporation, on its own behalf and on behalf of each segregated asset
account of the Company set forth on Schedule C hereto as may be amended from
time to time (each such account hereinafter referred to as the "Account"), and
the CALVERT VARIABLE SERIES, a corporation organized under the laws of the State
of Maryland (hereinafter the "CVS") and CALVERT DISTRIBUTORS, INC. (hereinafter
the "Underwriter"), a Maryland corporation.
WHEREAS, the Fund engages in business as an open-end management
investment company and is available to act as the investment vehicle for
separate accounts established for variable life insurance policies and variable
annuity contracts (collectively, the "Variable Insurance Products") to be
offered by insurance companies which have entered into participation agreements
substantially identical to this Agreement (hereinafter "Participating Insurance
Companies"); and
WHEREAS, the beneficial interest in CVS is divided into several series
of shares, each designated a "Portfolio" and representing the interest in a
particular managed portfolio of securities and other assets; and
WHEREAS, only certain of the Portfolios of CVS set forth in Exhibit "A"
(the "Fund") are subject to this Participation Agreement; and
WHEREAS, the Fund has obtained an order from the Securities and
Exchange Commission, dated November 21, 1988 (File No. 812-7095), granting
Participating Insurance Companies and variable annuity and variable life
insurance separate accounts exemptions from the provisions of sections 9(a),
13(a), 15(a), and 15(b) of the Investment Company Act of 1940, as amended,
(hereinafter the "1940 Act") and Rules 6e- 2(b) (15) and 6e-3(T) (b) (15)
thereunder, to the extent necessary to permit shares of the Fund to be sold to
and held by variable annuity and variable life insurance separate accounts of
both affiliated and unaffiliated life insurance companies (hereinafter the
"Shared Funding Exemptive Order"); and
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WHEREAS, the Fund is registered as an open-end management investment
company under the 1940 Act and its shares are registered under the Securities
Act of 1933, as amended (hereinafter the "1933 Act"); and
WHEREAS, CALVERT ASSET MANAGEMENT CO.(the "Adviser") is duly registered
as an investment adviser under the Federal Investment Advisers Act of 1940 and
any applicable state securities law; and
WHEREAS, the Company has registered or will register certain variable
life and variable annuity contracts under the 1933 Act; and
WHEREAS, each Account is duly organized, validly existing segregated
asset account, established by resolution of the Board of Directors of the
Company on the date shown for such Account on Schedule C hereto, to set aside
and invest assets attributable to the aforesaid variable life and annuity
contracts; and
WHEREAS, the Company has registered or will register each Account as a
unit investment trust under the 1940 Act; and
WHEREAS, the Underwriter is registered as a broker dealer with the
Securities and Exchange Commission under the Securities Exchange Act of 1934, as
amended, (hereinafter the "1934 Act"), and is a member in good standing of the
National Association of Securities Dealers, Inc. (hereinafter "NASD"); and
WHEREAS, to extent permitted by applicable insurance laws and
regulations, the Company intends to purchase shares in the Portfolios on behalf
of each Account to fund certain of the aforesaid variable life and variable
annuity contracts and the Underwriter is authorized to sell such shares to unit
investment trusts such as each Account at net asset value;
NOW, THEREFORE, in consideration of their mutual promises, the Company,
the Fund, and the Underwriter agree as follows:
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ARTICLE I. SALE OF FUND SHARES
-------------------
1.1 The Underwriter agrees to sell to the Company those shares of the
Fund which each Account orders, executing such orders on a daily basis at the
net asset value next computed after receipt by the Fund or its designee of the
order for the shares of the Fund. For purposes of this Section 1.1, the Company
shall be the designee of the Fund for receipt of such orders from each Account
and receipt by such designee shall constitute receipt by the Fund; provided that
the Fund receives notice of such order by 9:30 a.m. Boston time on the next
following Business Day. "Business Day" shall mean any day on which the New York
Stock Exchange is open trading and on which the Fund calculates its net asset
value pursuant to the rules of the Securities and Exchange Commission.
1.2 The Fund agrees to make its shares available indefinitely for
purchase at the applicable net asset value per share by the Company and its
Accounts on those days on which the Fund calculates its net asset value pursuant
to rules of the Securities and Exchange Commission and the Fund shall use
reasonable efforts to calculate such net asset value on each day which the New
York Stock Exchange is open for trading. Notwithstanding the foregoing, the
Board of Directors of the Fund (hereinafter the "Directors") may refuse to sell
shares of any Portfolio to any person, or suspend or terminate the offering of
shares of any Portfolio if such action is required by law or by regulatory
authorities having jurisdiction or is, in the sole discretion of the Directors
acting in good faith and light of their fiduciary duties under federal and any
applicable state laws, necessary in the best interests of the shareholders of
such Portfolio.
1.3 The Fund and the Underwriter agree that shares of the Fund will be
sold only to Participating Insurance Companies and their separate accounts. No
shares of any Portfolio will be sold to the general public.
1.4 The Fund and the Underwriter will not sell Fund shares to any
insurance company or separate account unless an agreement containing provisions
substantially the same as Articles I, III, V, VII and Sections 2.5 and 2.12 of
Article II of this Agreement is in effect to govern such sales.
1.5 The Fund agrees to redeem for cash, on the Company's request, any
full or fractional shares of the Fund held by the Company, executing such
requests on a daily basis at the net asset value next computed after receipt by
the Fund or its designee of the request for redemption. For purposes of this
Section 1.5, the Company shall be the designee of the Fund for receipt of
requests for redemption from each
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Account and receipt by such designee shall constitute receipt by the Fund;
provided that the Fund receives notice of such request for redemption on the
next following Business Day.
1.6 The Company agrees to purchase and redeem the shares of each
Portfolio offered by the then current prospectus of the Fund and in accordance
with the provisions of such prospectus. The Company agrees that all net amounts
available under the variable life and variable annuity contracts with the form
number(s) which are listed on Schedule A attached hereto and incorporated herein
by this reference, as such Schedule A may be amended from time to time hereafter
by mutual written agreement of all the parties hereto, (the "Contracts") shall
be invested in the Fund, in such other funds advised by the Adviser as may be
mutually agreed to in writing by the parties hereto, or in the Company's general
account, provided that such amounts may also be invested in an investment
company other than the Fund if (a) such other investment company, or series
thereof, has investment objectives or policies that are substantially different
from the investment objectives and policies of all the Portfolios of the Fund;
or (b) the Company gives the Fund and the Underwriter forty-five (45) days
written notice of its intention to make such other investment company available
as a funding vehicle for the Contracts; or (c) such other investment company was
available as a funding vehicle for the Contracts prior to the date of this
Agreement and the Company so informs the Fund and Underwriter prior to their
signing this Agreement; or (d) the Fund or Underwriter consents to the use of
such other investment company.
1.7 The Company shall pay for Fund shares on the next Business Day
after an order to purchase Fund shares is made in accordance with the provisions
of Section 1.1 hereof. Payment shall be in federal funds transmitted by wire.
For purposes of Section 2.10 and 2.11, upon receipt by the Fund of the federal
funds so wired, such funds shall cease to be the responsibility of the Company
and shall become the responsibility of the Fund.
1.8 Issuance and transfer of the Fund's shares will be by book entry
only. Stock certificates will not be issued to the Company or any Account.
Shares ordered from the Fund will be recorded in an appropriate title for each
Account or the appropriate subaccount of each Account.
1.9 The Fund shall furnish same day notice (by wire, telephone,
followed by written confirmation) to the Company of any income, dividends or
capital gain distributions payable on the Funds' shares. The Company hereby
elects to receive all such income, dividends, and capital gain distributions as
are payable on the Portfolio shares in additional shares of that Portfolio. The
Company reserves the right to
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revoke this election and to receive all such income, dividends, and capital gain
distributions in cash. The Fund shall notify the Company of the number of shares
so issued as payment of such dividends and distributions.
1.10 The Fund shall make the net asset value per share for each
Portfolio available to the Company on a daily basis as soon as reasonably
practical after the net asset value per share is calculated and shall use its
best efforts to make such net asset value per share available by 7:00 p.m.
Boston time.
ARTICLE II. REPRESENTATIONS AND WARRANTIES
------------------------------
2.1 The Company represents and warrants that the Contracts are or will
be registered under the 1933 Act; that the Contracts will be issued and sold in
compliance in all material respects with all applicable Federal and State laws
and that the sale of the Contracts shall comply in all material respects with
state insurance suitability requirements. The Company further represents and
warrants that it is an insurance company duly organized and in good standing
under applicable law and that it has legally and validly established each
Account prior to any issuance or sale thereof as a segregated asset account
under Section 44- 402.01 of the Nebraska Insurance Code and has registered or,
prior to any issuance or sale of the Contracts, will register each Account as a
unit investment trust in accordance with the provisions of the 1940 Act to serve
as a segregated investment account for the Contracts.
2.2 The Fund represents and warrants that Fund shares sold pursuant to
this Agreement shall be registered under the 1933 Act, duly authorized for
issuance and sold in compliance with the laws of the State of Nebraska and all
applicable federal state securities laws and that the Fund is and shall remain
registered under the 1940 Act. The Fund shall amend the Registration Statement
for its shares under the 1933 Act and the 1940 Act from time to time as required
in order to effect the continuous offering of its shares. The Fund shall
register and qualify the shares for sale in accordance with the laws of the
various states only if and to the extent deemed advisable by the Fund or the
Underwriter.
2.3 The Fund represents that it is currently qualified as a Regulated
Investment Company under Subchapter M of the Internal Revenue Code of 1986, as
amended, (the "Code") and that it will make every effort to maintain such
qualification (under Subchapter M or any successor or similar provision) and
that it will notify the Company immediately upon having a reasonable basis for
believing that it has ceased to so qualify or that it might not so qualify in
the future.
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2.4 The Company represents that the Contracts are currently treated as
endowment, annuity or life insurance contracts, under applicable provisions of
the Code and that it will make every effort to maintain such treatment and that
it will notify the Fund and the Underwriter immediately upon having a reasonable
basis for believing that the Contracts have ceased to be so treated or that they
might not be so treated in the future.
2.5 The Fund currently does not intend to make any payments to finance
distribution expenses pursuant to Rule 12b-1 under the 1940 Act or otherwise,
although it may make such payments in the future. The Fund has adopted a "no
fee" or "defensive" Rule 12b-1 Plan under which it makes no payments for
distribution expenses. To the extent that it decides to finance distribution
expenses pursuant to Rule 12b-1, the Fund undertakes to have a board of
trustees, a majority of whom are not interested persons of the Fund, formulate
and approve any plan under Rule 12b-1 to finance distribution expenses.
2.6 The Fund makes no representation as to whether any aspect of its
operations (including, but not limited to, fees and expenses and investment
policies) complies with the insurance laws or regulations of the various states
except that the Fund represents that the Fund's investment policies, fees, and
expenses are and shall at all times remain in compliance with the laws of the
State of Nebraska and the Fund and the Underwriter represent that their
respective operations are and shall at all times remain in material compliance
with the laws of the State of Nebraska to the extent required to perform this
Agreement.
2.7 The Underwriter represents and warrants that it is a member in good
standing of the NASD and is registered as a broker-dealer with the SEC. The
Underwriter further represents that it will sell and distribute the Fund shares
in accordance with the laws of the State of Nebraska and all applicable state
and federal securities laws, including without limitation the 1933 Act, the 1934
Act, and the 1940 Act.
2.8 The Fund represents that it is lawfully organized and validly
existing under the laws of the State of Maryland and that it does and will
comply in all material respects with the 1940 Act.
2.9 The Underwriter represents and warrants that the Adviser is and
shall remain duly registered in all material respects under all applicable
federal and state securities laws and that the Adviser shall perform its
obligations for the Fund in compliance in all material respects with the laws of
the State of Nebraska and any applicable state and federal securities laws.
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2.10 The Fund and Underwriter represent and warrant that all of their
directors, officers, employees, investment advisers, and other
individuals/entities dealing with the money and/or securities of the Fund are
and shall continue to be at all times covered by a blanket fidelity bond or
similar coverage for the benefit of the Fund in an amount not less than the
minimal coverage as required currently by Section 17g- (1) of the 1940 Act or
related provisions as may be promulgated from time to time. The aforesaid Bond
shall include coverage for larceny and embezzlement and shall be issued by a
reputable bonding company.
2.11 The Company represents and warrants that all of its directors,
officers, employees, investment advisers, and other individuals/entities dealing
with the money and/or securities of the Fund are and shall continue to be at all
times covered by a blanket fidelity bond or similar coverage for the benefit of
the Fund, in an amount not less than the minimal coverage as required currently
by Section 270.17g-1 of the 1940 Act or related provisions as may be promulgated
from time to time. The aforesaid Bond shall include coverage for larceny and
embezzlement and shall be issued by a reputable bonding company.
2.12 The Company represents and warrants that it will not purchase Fund
shares with Account assets derived from the sale of Contracts to deferred
compensation plans with respect to service for state and local governments which
qualify under Section 457 of the federal Internal Revenue Code, as may be
amended. The Company may purchase Fund shares with Account assets derived from
any sale of a Contract to any other type of tax-advantaged employee benefit
plan; provided however that such plan has no more than 500 employees who are
eligible to participate at the time of the first such purchase hereunder by the
Company of Fund shares derived from the sale of such Contract.
ARTICLE III. PROSPECTUS AND PROXY STATEMENTS; VOTING
---------------------------------------
3.1 The Underwriter shall provide the Company (at the Company's
expense) with as many copies of the Fund's current prospectus as the Company may
reasonably request. If requested by the Company in lieu thereof, the Fund shall
provide such documentation (including a final copy of the new prospectus as set
in type at the Fund's expense) and other assistance as is reasonably necessary
in order for the Company once each year (or more frequently if the prospectus
for the Fund is amended) to have the prospectus for the Contracts and the Fund's
prospectus printed together in one document (such printing to be at the
Company's expense).
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3.2 The Fund's prospectus shall state that the Statement of Additional
Information for the Fund is available from the Underwriter (or in the Fund's
discretion, the Prospectus shall state that such Statement is available from the
Fund), and the Underwriter (or the Fund), at its expense, shall print and
provide such Statement free of charge to the Company and to any owner of a
Contract or prospective owner who requests such Statement.
3.3 The Fund, at its expense, shall provide the Company with copies of
its proxy material, reports to stockholders and other communications to
stockholders in such quantity as the Company shall reasonably require for
distributing to Contract owners.
3.4 If and to the extent required by law the Company shall:
(i) solicit voting instructions from Contract owners;
(ii) vote the Fund shares in accordance with instructions
received from Contract owners; and
(iii) vote Fund shares for which no instructions have been
received in the same proportion as Fund shares of such
portfolio for which instructions have been received: so
long as and to the extent that the Securities and
Exchange Commission continues to interpret the Investment
Company Act to require pass-through voting privileges
for variable contract owners. The Company reserves the
right to vote Fund shares held in any segregated asset
account in its own right, to the extent permitted by law.
Participating Insurance Companies shall be responsible
for assuring that each of their separate accounts
participating in the Fund calculates voting privileges in
a manner consistent with the standards set forth in
Schedule B attached hereto and incorporated herein by this
reference, which standards will also be provided to the
other Participating Insurance Companies.
3.5 The Fund will comply with all provisions of the 1940 Act requiring
voting by shareholders, and in particular the Fund will either provide for
annual meetings or comply with Section 16(c) of the 1940 Act (although the Fund
is not one of the trusts described in Section 16(c) of the Act) as well as
Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in
accordance with the Securities and Exchange
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<PAGE>
Commission's interpretation of the requirements of Section 16(a) with respect to
periodic elections of trustees and with whatever rules the Commission may
promulgate with respect thereto.
ARTICLE IV. SALES MATERIAL AND INFORMATION
------------------------------
4.1 The Company Shall furnish, or shall cause to be furnished, to the
Fund or its designee, each piece of sales literature or other promotional
material in which the Fund or its investment adviser or the Underwriter is
named, at least fifteen (15) Business Days prior to its use. No such material
shall be used if the Fund or its designee object to such use within fifteen (15)
Business Days after receipt of such material.
4.2 The Company shall not give any information or make any
representations or statements on behalf of the Fund or concerning the Fund in
connection with the sale of the Contracts other than the information or
representations contained in the registration statement or prospectus for the
Fund shares, as such registration statement and prospectus may be amended or
supplemented from time to time, or in reports or proxy statements for the Fund,
or in sales literature or other promotional material approved by the Fund or its
designee or by the Underwriter, except with the permission of the Fund or the
Underwriter or the designee of either.
4.3 The Fund, Underwriter, or its designee shall furnish, or shall
cause to be furnished, to the Company or its designee, each piece of sales
literature or other promotional material in which the Company and/or its
separate account(s), is named at least fifteen (15) Business Days prior to its
use. No such material shall be used if the Company or its designee object to
such use within fifteen (15) Business Days after receipt of such material.
4.4 The Fund and the Underwriter shall not give any information or make
any representations on behalf of the Company or concerning the Company, each
Account, or the Contracts other than the information or representations
contained in a registration statement or prospectus for the Contracts, as such
registration statement and prospectus may be amended or supplemented from time
to time, or in published reports for each Account which are in the public domain
or approved by the Company for distribution to Contract owners, or in sales
literature or other promotional material approved by the Company or its
designee, except with the permission of the Company.
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4.5 The Fund will provide to the Company at least one complete copy of
all registration statements, prospectuses, Statements of Additional Information,
reports, proxy statements, sales literature and other promotional materials,
applications for exemptions, requests for no-action letters, and all amendments
to any of the above, that relate to the Fund or its shares, contemporaneously
with the filing of such document with the Securities and Exchange Commission or
other regulatory authorities.
4.6 The Company will provide to the Fund at least one complete copy of
all registration statements, prospectuses, Statements of Additional Information,
reports, solicitations for voting instructions, sales literature and other
promotional materials, applications for exemptions, requests for no-action
letters, and all amendments to any of the above, that relate to the Contracts or
each Account, contemporaneously with the filing of such document with the
Securities and Exchange Commission.
4.7 For purposes of this Article IV, the phrase "sales literature or
other promotional material" includes, but is not limited to, 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), educational or
training materials or other communications distributed or made generally
available to some or all agents or employees, and registration statements,
prospectuses, Statements of Additional Information, shareholder reports, and
proxy materials.
ARTICLE V. FEES AND EXPENSES
-----------------
5.1 The Fund and Underwriter shall pay no fee or other compensation to
the Company under this Agreement, except that if the Fund or any Portfolio
adopts and implements a plan pursuant to Rule 12b-1 to finance distribution
expenses, then the Underwriter may make payments to the Company or to the
underwriter for the Contracts if and in amounts agreed to by the Underwriter in
writing and such payments will be made out of existing fees otherwise payable to
the Underwriter, past profits of the Underwriter or other resources available to
the Underwriter. No such payments shall be made directly by the Fund. Currently,
no such payments are contemplated.
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5.2 All expenses incident to performance by the Fund under this
Agreement shall be paid by the Fund. The Fund shall see to it that all its
shares are registered and authorized for issuance in accordance with applicable
federal laws and, if and to the extent deemed advisable by the Fund, in
accordance with applicable state laws prior to their sale. The Fund shall bear
the expenses for the cost of registration and qualification of the Fund's
shares, preparation and filing of the Fund's prospectus and registration
statement, proxy materials and reports, setting the prospectus in type, setting
in type and printing the proxy materials and reports to shareholders (including
the costs of printing a prospectus that constitutes an annual report), the
preparation of all statements and notices required by any federal or state law,
all taxes on the issuance or transfer of the Fund's shares.
5.3 The Company shall bear the expenses of printing and distributing
the Fund's prospectus to owners of Contracts issued by the Company and of
distributing the Fund's proxy materials and reports to such Contract owners.
ARTICLE VI. DIVERSIFICATION
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6.1 The Fund will at all times invest money from the Contracts in such
a manner as to ensure that the Contracts will be treated as variable contracts
under the Code and the regulations issued thereunder. Without limiting the scope
of the foregoing, the Fund will at all times comply with Section 817(h) of the
Code and Treasury Regulation ss. 1.817-5, relating to the diversification
requirements for variable annuity, endowment, or life insurance contracts and
any amendments or other modifications to such Section or Regulations.
ARTICLE VII. POTENTIAL CONFLICTS
-------------------
7.1 The Board of Directors of the Fund (the "Board") will monitor the
Fund for the existence of any material irreconcilable conflict between the
interests of the contract owners of all separate accounts investing in the Fund.
An irreconcilable material conflict may arise for a variety of reasons,
including; (a) an action by any state insurance regulatory authority; (b) a
change in applicable federal or state insurance, tax, or securities laws or
regulations, or a public ruling, private letter ruling, no-action or
interpretative letter, or any similar action by insurance, tax, or securities
regulatory authorities; (c) an administrative or judicial decision in any
relevant proceeding; (d) the manner in which the investments of any Portfolio
are being managed; (e) a difference in voting instructions given by variable
annuity contract and variable life insurance
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contract owners; or (f) a decision by an insurer to disregard the voting
instructions of contract owners. The Board shall promptly inform the Company if
it determines that an irreconcilable material conflict exists and the
implications thereof.
7.2 The Company will report any potential or existing conflicts of
which it is aware to the Board. The Company will assist the Board in carrying
out its responsibilities under the Shared Funding Exemptive Order, by providing
the Board with all information reasonably necessary for the Board to consider
any issues raised. This includes, but is not limited to, an obligation by the
Company to inform the Board whenever contract owner voting instructions are
disregarded.
7.3 If it is determined by a majority of the Board, or a majority of
its disinterested Directors, that a material irreconcilable conflict exists, the
Company and other Participating Insurance Companies shall, at their expense and
to the extent reasonably practicable (as determined by a majority of the
disinterested Directors), take whatever steps are necessary to remedy or
eliminate the irreconcilable material conflict, up to and including: (1)
withdrawing the assets allocable to some or all of the separate accounts from
the Fund or any Portfolio and reinvesting such assets in a different investment
medium, including (but not limited to) another Portfolio of the Fund, or
submitting the question whether such segregation should be implemented to a vote
of all affected Contract owners and, as appropriate, segregating the assets of
any appropriate group (i.e., annuity contract owners, life insurance contract
owners, or variable contract owners of one or more Participating Insurance
Companies) that votes in favor of such segregation, or offering to the affected
contract owners the option of making such a change; and (2) establishing a new
registered management investment company or managed separate account.
7.4 If a material irreconcilable conflict arises because of a decision
by the Company to disregard contract owner voting instructions and that decision
represents a minority position or would preclude a majority vote, the Company
may be required, at the Fund's election, to withdraw the Account's investment in
the Fund and terminate this Agreement; provided, however that such withdrawal
and termination shall be limited to the extent required by the foregoing
material irreconcilable conflict as determined by a majority of the
disinterested members of the Board. Any such withdrawal and termination must
take place within six (6) months after the Fund gives written notice that this
provision is being implemented, and until the end of that six (6) month period
the Underwriter and Fund shall continue to accept and implement orders by the
Company for the purchase (and redemption) of shares of the Fund.
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7.5 If a material irreconcilable conflict arises because a particular
state insurance regulator's decision applicable to the Company conflicts with
the majority of other state regulators, then the Company will withdraw the
affected Account's investment in the Fund and terminate this Agreement within
six (6) months after the Board informs the Company in writing that it has
determined that such decision has created an irreconcilable material conflict;
provided, however, that such withdrawal and termination shall be limited to the
extent required by the foregoing material irreconcilable conflict as determined
by a majority of the disinterested members of the Board. Until the end of the
foregoing six (6) month period, the Underwriter and Fund shall continue to
accept and implement orders by the Company for the purchase (and redemption) of
shares of the Fund.
7.6 For purposes of Sections 7.3 though 7.6 of this Agreement, a
majority of the disinterested members of the Board shall determine whether any
proposed action adequately remedies any irreconcilable material conflict, but in
no event will the Fund be required to establish a new funding medium for the
Contracts. The Company shall not be required by Section 7.3 to establish a new
funding medium for the Contracts if an offer to do so has been declined by vote
of a majority of Contract owners materially adversely affected by the
irreconcilable material conflict. In the event that the Board determines that
any proposed action does not adequately remedy any irreconcilable material
conflict, then the Company will withdraw the Account's investment in the Fund
and terminate this Agreement within six (6) months after the Board informs the
Company in writing of the foregoing determination, provided, however, that such
withdrawal and termination shall be limited to the extent required by any such
material irreconcilable conflict as determined by a majority of the
disinterested members of the Board.
7.7 If and to the extent that Rule 6e-2 and Rule 6e-3(T) are amended,
or Rule 6e-3 is adopted, to provide exemptive relief from any provision of the
Act or the rules promulgated thereunder with respect to mixed or shared funding
(as defined in the Shared Funding Exemptive Order) on terms and conditions
materially different from those contained in the Shared Funding Exemptive Order,
then (a) the Fund and/or the Participating Insurance Companies, as appropriate,
shall take such steps as may be necessary to comply with Rules 6e-2 and 6e-3(T),
as amended, and Rule 6e-3, as adopted, to the extent such rules are applicable;
and (b) Sections 3.4, 3.5, 7.1, 7.2, 7.3, 7.4, and 7.5 of this Agreement shall
continue in effect only to the extent that terms and conditions substantially
identical to such Sections are contained in such Rule(s) as so amended or
adopted.
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ARTICLE VIII. INDEMNIFICATION
---------------
8.1 INDEMNIFICATION BY THE COMPANY
------------------------------
8.1(A). The Company agrees to indemnify and hold harmless the
Fund and each of its Trustees and officers and each person, if any who
controls the Fund within the meaning of Section 15 of the 1933 Act
(collectively, the "Indemnified Parties" for purposes of this Section
8.1) against any and all losses, claims, damages, liabilities
(including amounts paid in settlement with the written consent of the
Company), or litigation (including legal and other expenses), to which
the Indemnified Parties may become subject under any statute,
regulation, at common law or otherwise, insofar as such losses, claims,
damages, liabilities or expenses (or actions in respect thereof) or
settlements are related to the sale or acquisition of the Fund's shares
or the Contracts and:
(i) arise out of or are based upon any untrue statements
or alleged untrue statements of any material fact
contained in the Registration Statement or prospectus
for the Contracts or contained in the Contracts or
sales literature for the Contracts (or any amendment
or supplement to any of the foregoing), or arise out
of or are based upon the omission or the alleged
omission to state therein a material fact required to
be stated therein or necessary to make the statements
therein not misleading, provided that this agreement
to indemnify shall not apply as to any Indemnified
Party if such statement or omission or such alleged
statement or omission was made in reliance upon and
in conformity with information furnished to the
Company by or on behalf of the Fund for use in the
Registration Statement or prospectus for the
Contracts or in the Contracts or sales literature (or
any amendment or supplement) or otherwise for use in
connection with the sale of the Contracts or Fund
shares; or
(ii) arise out of or as a result of statements or
representations (other than statements or
representations contained in the Registration
Statement, prospectus or sales literature of the Fund
not supplied by the Company, or persons under its
control) or wrongful conduct of the Company or
persons under its control, with respect to the sale
or distribution of the Contract or Fund shares; or
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<PAGE>
(iii) arise out of any untrue statement or alleged untrue
statement of a material fact contained in a
Registration Statement, prospectus, or sales
literature of the Fund or any amendment thereof or
supplement thereto or the omission or alleged
omission to state therein a material fact required to
be stated therein or necessary to make the statements
therein not misleading if such a statement or
omission was made in reliance upon information
furnished to the Fund by or on behalf of the Company;
or
(iv) arise as a result of any failure by the Company to
provide the services and furnish the materials under
the terms of this Agreement; or
(v) arise out of or result from any material breach of
any representation and/or warranty made by the
Company in this Agreement or arise out of or result
from any other material breach of this Agreement by
the Company, as limited by and in accordance with the
provisions of Sections 8.1(b) and 8.1(c) hereof.
8.1(B). The Company shall not be liable under this
indemnification provisions with respect to any losses, claims, damages,
liabilities or litigation to which an Indemnified Party would otherwise
be subject to by reason of such Indemnified Party's willful
misfeasance, bad faith, or gross negligence in the performance of such
Indemnified Party's duties or by reason of such Indemnified Party's
reckless disregard of obligations or duties under this Agreement or to
the Fund, whichever is applicable.
8.1(C). The Company shall not be liable under this
indemnification provision with respect to any claim made against an
Indemnified Party unless such Indemnified Party shall have notified the
Company in writing within a reasonable time after the summons or other
first legal process giving information of the nature of the claim shall
have been served upon such Indemnified Party (or after such Indemnified
Party shall have received notice of such service on any designated
agent), but failure to notify the Company of any such claim shall not
relieve the Company from any liability which it may have to the
Indemnified Party against whom such action is brought otherwise than on
account of this indemnification provision. In case any such action is
brought against the Indemnified Parties, the Company shall be entitled
to participate, at its own expense, in the defense of such action. The
Company also shall be entitled to assume the defense thereof, with
counsel satisfactory to the
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<PAGE>
party named in the action. After notice from the Company to such party
of the Company's election to assume the defense thereof, the
Indemnified Party shall bear the fees and expenses of any additional
counsel retained by it, and the Company will not be liable to such
party under this Agreement for any legal or other expenses subsequently
incurred by such party independently in connection with the defense
thereof other than reasonable costs of investigation.
8.1(D). The Indemnified Parties will promptly notify the
Company of the commencement of any litigation or proceedings against
them in connection with the issuance or sale of the Fund shares or the
Contracts or the operation of the Fund.
8.2 INDEMNIFICATION BY THE UNDERWRITER
----------------------------------
8.2(A). The Underwriter agrees to indemnify and hold harmless
the Company and each of its directors and officers and each person, if
any, who controls the Company within the meaning of Section 15 of the
1933 Act (collectively, the "Indemnified Parties" for purposes of this
Section 8.2) against any and all losses, claims, damages, liabilities
(including amounts paid in settlement with the written consent of the
Underwriter) or litigation (including legal and other expenses) to
which the Indemnified Parties may become subject under any statute, at
common law or otherwise, insofar as such losses, claims, damages,
liabilities or expenses (or actions in respect thereof) or settlements
are related to the sale or acquisition of the Fund's shares or the
Contracts and:
(i) arise out of or are based upon any untrue statement
or alleged untrue statement of any material fact
contained in the Registration Statement or prospectus
or sales literature of the Fund (or any amendment or
supplement to any of the foregoing), or arise out of
or are based upon the omission or the alleged
omission to state therein a material fact required to
be stated therein or necessary to make the statements
therein not misleading, provided that this agreement
to indemnify shall not apply as to a ny Indemnified
Party if such statement or omission or alleged
statement or omission was made in reliance upon and
in conformity with information furnished to the
Underwriter or Fund by or on behalf of the Company
for use in the Registration Statement or prospectus
for the Fund or in sales literature (or any amendment
or supplement) or otherwise for use in connection
with the sale of the Contracts or Fund shares; or
-16-
<PAGE>
(ii) arise out of or as result of statements or
representations (other than statements or
representations contained in the Registration
Statement, prospectus or sales literature for the
Contracts not supplied by the Underwriter or persons
under its control) or wrongful conduct of the Fund,
Adviser or Underwriter or persons under their
control, with respect to the sale or distribution of
the Contracts or Fund shares; or
(iii) arise out of any untrue statement or alleged untrue
statement of a material fact contained in a
Registration Statement, prospectus, or sales
literature covering the Contracts, or any amendment
thereof or supplement thereto, or the omission or
alleged omission to state therein a material fact
required to be stated therein or necessary to make
the statement or statements therein not misleading,
if such statement or omission was made in reliance
upon information furnished by the Company by or on
behalf of the Fund; or
(vi) arise as a result of any failure by the Fund to
provide the services and furnish the materials under
the terms of this Agreement (including a failure,
whether unintentional or in good faith or otherwise,
to comply with the diversification requirements
specified in Article VI of this Agreement); or
(v) arise out of or result from any material breach of
any representation and/or warranty made by the
Underwriter in this Agreement or arise out of or
result from any other material breach of this
Agreement by the Underwriter; as limited by and in
accordance with the provisions of Sections 8.2(b) and
8.2(c) hereof.
8.2(B). The Underwriter shall not be liable under this
indemnification provision with respect to any losses, claims, damages,
liabilities or litigation to which an Indemnified Party would otherwise
be subject by reason of such Indemnified Party's willful misfeasance,
bad faith, or gross negligence in the performance of such Indemnified
Party's duties or by reason of such Indemnified Party's reckless
disregard of obligations and duties under this Agreement or to each
Company or the Account, whichever is applicable.
-17-
<PAGE>
8.2(C). The Underwriter shall not be liable under this
indemnification provision with respect to any claim made against an
Indemnified Party unless such Indemnified Party shall have notified the
Underwriter in writing within a reasonable time after the summons or
other first legal process giving information of the nature of the claim
shall have been served upon Indemnified Party (or after such
Indemnified Party shall have received notice of such services on any
designated agent), but failure to notify the Underwriter of any such
claim shall not relieve the Underwriter from any liability which it may
have to the Indemnified Party against whom such action is brought
otherwise than on account of this indemnification provision. In case
any such action is brought against the Indemnified Parties, the
Underwriter will be entitled to participate, at its own expense, in the
defense thereof. The Underwriter also shall be entitled to assume the
defense thereof, with counsel satisfactory to the party named in the
action. After notice from the Underwriter to such party of the
Underwriter's election to assume the defense thereof, the Indemnified
Party shall bear the fees and expenses of any additional counsel
retained by it, and the Underwriter will not be liable to such party
under this Agreement for any legal or other expenses subsequently
incurred by such party independently in connection with the defense
thereof other than reasonable costs of investigation.
8.2(D). The Company agrees promptly to notify the Underwriter
of the commencement of any litigation or proceedings against it or any
of its officers or directors in connection with the issuance or sale of
the Contracts or the operation of each Account.
ARTICLE IX. APPLICABLE LAW
--------------
9.1 This Agreement shall be construed and the provisions hereof
interpreted under and in accordance with the laws of the State of Maryland.
9.2 This Agreement shall be subject to the provisions of the 1933,
1934, and 1940 Acts, and the rules and regulations and rulings thereunder,
including such exemptions from those statutes, rules, and regulations as the
Securities and Exchange Commission may grant (including, but not limited to, the
Shared Funding Exemptive Order) and the terms hereof shall be interpreted and
construed in accordance therewith.
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<PAGE>
ARTICLE X. TERMINATION
-----------
10.1 This Agreement shall terminate:
(a) at the option of any party, upon one year advance written
notice to the other parties; provided, however such notice
shall not be given earlier than one year following the date of
this Agreement; or
(b) at the option of the Company, to the extent that shares of
Portfolios are not reasonably available to meet the
requirements of the Contracts as determined by the Company,
provided, however that such termination shall apply only to
the Portfolio(s) not reasonably available. Prompt notice of
the election to terminate for such cause shall be furnished by
the Company; or
(c) at the option of the Fund, in the event that formal
administrative proceedings are instituted against the Company
by the National Association of Securities Dealers, Inc.
("NASD"), the Securities and Exchange Commission, the
Insurance Commissioner or any other regulatory body regarding
the Company's duties under this Agreement or related to the
sale of the Contracts, with respect to the operation of any
Account, or the purchase of the Fund shares, provided, however
that the Fund determines in its sole judgment exercised in
good faith, that any such administrative proceedings will have
a material adverse effect upon the ability of the Company to
perform its obligations under this Agreement; or
(d) at the option of the Company, in the event that formal
administrative proceedings are instituted against the Fund or
the Underwriter by the NASD, the Securities and Exchange
Commission, or any state securities or insurance department or
any other regulatory body, provided, however that the Company
determines in its sole judgment exercised in good faith, that
any such administrative proceedings will have a material
adverse effect upon the ability of the Fund or Underwriter to
perform its obligations under this Agreement; or
(e) with respect to any Account, upon requisite vote of the
Contract owners having an interest in such Account (or any
subaccount) to substitute the shares of another investment
company for the corresponding Portfolio shares of the Fund in
accordance with the terms
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<PAGE>
of the Contracts for which those Portfolio shares had been
selected to serve as the underlying investment media. The
Company will give thirty (30) days' prior written notice to
the Fund of the date of any proposed vote to replace the
Fund's shares; or
(f) at the option of the Company, in the event any of the
Fund's shares are not registered, issued or sold in accordance
with applicable state and/or federal law or such law precludes
the use of such shares as the underlying investment media of
the Contracts issued or to be issued by the Company; or
(g) at the option of the Company, if the Fund ceases to
qualify as a Regulated Investment Company under Subchapter M
of the Code or under any successor or similar provision, or if
the Company reasonably believes that the Fund may fail to so
qualify; or
(h) at the option of the Company, if the Fund fails to meet
the diversification requirements specified in Article VI
hereof; or
(i) at the option of either the Fund or the Underwriter, if
(1) the Fund or the Underwriter, respectively, shall
determine, in their sole judgment reasonably exercised in good
faith, that the Company has suffered a material adverse change
in its business or financial condition or is the subject of
material adverse publicity and such material adverse change or
material adverse publicity will have a material adverse impact
upon the business and operations of either the Fund or the
Underwriter, (2) the Fund or the Underwriter shall notify the
Company in writing of such determination and its intent to
terminate this Agreement, and (3) after considering the
actions taken by the Company and any other changes in
circumstances since the giving of such notice, such
determination of the Fund or the Underwriter shall continue to
apply on the sixtieth (60th) day following the giving of such
notice, which sixtieth (60th) day shall be the effective date
of termination; or
(j) at the option of the Company, if (1) the Company shall
determine, in its sole judgment reasonably exercised in good
faith, that either the Fund or the Underwriter has suffered a
material adverse change in its business or financial condition
or is the subject of material adverse publicity and such
material adverse change or material adverse publicity will
have a material adverse impact upon the business and
operations of the Company,
-20-
<PAGE>
(2) the Company shall notify the Fund and the Underwriter in
writing of such determination and its intent to terminate the
Agreement, and (3) after considering the actions taken by the
Fund and/or the Underwriter and any other changes in
circumstances since the giving of such notice, such
determination shall continue to apply on the sixtieth (60th)
day following the giving of such notice, which sixtieth (60th)
day shall be the effective date of termination; or
(k) at the option of either the Fund or the Underwriter, if
the Company gives the Fund and the Underwriter the written
notice specified in Section 1.6(b) hereof and at the time such
notice was given there was no notice of termination
outstanding under any other provision of this Agreement;
provided, however any termination under this Section 10.1(k)
shall be effective forty-five (45) days after the notice
specified in Section 1.6(b) was given.
10.2 It is understood and agreed that the right of any party hereto to
terminate this Agreement pursuant to Section 10.1(a) may be exercised for any
reason or for no reason.
10.3 Notice Requirement. No termination of this Agreement shall be
effective unless and until the party terminating this Agreement gives prior
written notice to all other parties to this Agreement of its intent to terminate
which notice shall set forth the basis for such termination. Furthermore,
(a) In the event that any termination is based upon the
provisions of Article VII, or the provision of
Sections 10.1(a), 10.1(i), 10.1(j) or 10.1(k) of this
Agreement, such prior written notice shall be given
in advance of the effective date of termination as
required by such provisions; and
(b) In the event that any termination is based upon the
provisions of Sections 10.1(c) or 10.1(d) of this
Agreement, such prior written notice shall be given
at least ninety (90) days before the effective date
of termination.
10.4 Effective of Termination. Notwithstanding any termination of this
Agreement, the Fund and the Underwriter shall, at the option of the Company,
continue to make available additional shares of the Fund pursuant to the terms
and conditions of this Agreement, for all Contracts in effect on the effective
date of termination of this Agreement (hereinafter referred to as "Existing
Contracts"). Specifically, without
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<PAGE>
limitation, the owners of the Existing Contracts shall be permitted to
reallocate investments in the Fund, redeem investments in the Fund and/or invest
in the Fund upon the making of additional purchase payments under the Existing
Contracts. The parties agree that this Section 10.4 shall not apply to any
terminations under Article VII and the effect of such Article VII terminations
shall be governed by Article VII of this Agreement.
10.5 The Company shall not redeem Fund shares attributable to the
Contracts (as opposed to Fund shares attributable to the Company's assets held
in either Account) except (i) as necessary to implement Contract owner initiated
transactions, or (ii) as required by state and/or federal laws or regulations or
judicial or other legal precedent of general application (hereinafter referred
to as a "Legally Required Redemption"). Upon request, the Company will promptly
furnish to the Fund and the Underwriter the opinion of counsel for the Company
(which counsel shall be reasonably satisfactory to the Fund and the Underwriter)
to the effect that any redemption pursuant to clause (ii) above is a Legally
Required Redemption. Furthermore, except in cases where permitted under the
terms of the Contracts, the Company shall not prevent Contract owners from
allocating payments to a Portfolio that was otherwise available under the
Contracts without first giving the Fund or the Underwriter ninety (90) days
notice of its intention to do so.
ARTICLE XI. NOTICES
-------
Any notice shall be sufficiently given when sent by registered or
certified mail to the other party at the address of such party set forth below
or at such other address as such party may from time to time specify in writing
to the other party.
If to the Fund: Calvert Variable Series
4550 Montgomery Avenue
Bethesda, MD 20814
Attn: Legal Department
If to the Company: Ameritas Variable Life Insurance Company
5900 "O" Street
P.O. Box 82550
Lincoln, NE 68501
Attn: Legal Department
If to the Underwriter: Calvert Distributors, Inc.
4550 Montgomery Avenue
Bethesda, MD 20814
Attn: Legal Department
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<PAGE>
ARTICLE XII. MISCELLANEOUS
-------------
12.1 All persons dealing with the Fund must look solely to the property
of the Fund for the enforcement of any claims against the Fund as neither the
directors, officers, agents or shareholders assume any personal liability for
obligations entered into on behalf of the Fund.
12.2 Subject to the requirements of legal process and regulatory
authority, each party hereto shall treat as confidential the names and addresses
of the owners of the Contracts and all information reasonably identified as
confidential in writing by any other party hereto and, except as permitted by
this Agreement, shall not disclose, disseminate or utilize such names and
addresses and other confidential information until such time as it may come into
the public domain without the express written consent of the affected party.
12.3 The captions 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.
12.4 This Agreement may be executed simultaneously in two or more
counterparts, each of which taken together shall constitute one and the same
instrument.
12.5 If any provision of this Agreement shall be held or made invalid
by a court decision, statute, rule or otherwise, the remainder of the Agreement
shall not be affected thereby.
12.6 Each party hereto shall cooperate with each other party and all
appropriate governmental authorities (including without limitation the
Securities and Exchange Commission, the NASD and state insurance regulators) and
shall permit such authorities reasonable access to its books and records in
connection with any investigation or inquiry relating to this Agreement or the
transactions contemplated hereby. Notwithstanding the generality of the
foregoing, each party hereto further agrees to furnish the California Insurance
Commissioner with any information or reports in connection with services
provided under this Agreement which such Commission may request in order to
ascertain whether the variable life insurance operations of the Company are
being conducted in a manner consistent with the California Variable Life
Insurance Regulations and any other applicable law or regulations.
12.7 The Underwriter agrees that to the extent any advisory or other
fees received by the Fund, the Underwriter or the Adviser are determined to be
unlawful in legal or administrative proceedings under
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<PAGE>
the 1973 NAIC model variable life insurance regulation in the states of
California, Colorado, Maryland, and Michigan, the Underwriter shall indemnify
and reimburse the Company for any out of pocket expenses and actual damages the
Company has incurred as a result of any such proceeding; provided, however that
the provisions of Section 8.2(b) of this and 8.2(c) shall apply to such
indemnification and reimbursement obligation. Such indemnification and
reimbursement obligation shall be in addition to any other indemnification and
reimbursement obligations of the Underwriter under this Agreement.
12.8 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.
IN WITNESS WHEREOF, each of the parties hereto has caused this
Agreement to be executed in its name and on its behalf by its duly authorized
representative and its seal to be hereunder affixed hereto as of the date
specified below.
COMPANY:
AMERITAS VARIABLE LIFE INSURANCE
COMPANY
By its authorized officer,
SEAL
By:_____________________________
Title:__________________________
Date:___________________________
FUND:
CALVERT VARIABLE SERIES
By its authorized officer,
SEAL By:____________________________
Title:_________________________
Date:__________________________
UNDERWRITER:
CALVERT DISTRIBUTORS, INC.
By its authorized officer,
SEAL By:__________________________
Title:_______________________
Date:________________________
-24-
EXHIBIT 2.(A)(B)
Opinion and Consent of Donald R. Stading
<PAGE>
AMERITAS VARAIBLE LIFE INSURANCE COMPANY LOGO
August 30, 1999
Ameritas Variable Life Insurance Company
5900 "O" Street
P.O. Box 81889
Lincoln, Nebraska 68501
Gentlemen:
With reference to Post-Effective Amendment No. 5 on Form S-6 filed by Ameritas
Variable Life Insurance Company and Ameritas Variable Life Insurance Company
Separate Account V with the Securities & Exchange Commission covering flexible
premium life insurance policies, I have examined such documents and such laws as
I considered necessary and appropriate, and on the basis of such examination, it
is my opinion that:
1. Ameritas Variable Life Insurance Company is duly organized and validly
existing under the laws of the State of Nebraska and has been duly
authorized by the Insurance Department of the State of Nebraska to issue
variable life policies.
2. Ameritas Variable Life Insurance Company Separate Account V is a duly
authorized and existing separate account established pursuant to the
provisions of Section 44-402.01 of the Statutes of the State of
Nebraska.
3. The flexible premium variable life policies, when issued as contemplated
by said Form S-6 Registration Statement, will constitute legal, validly
issued and binding obligations of Ameritas Variable Life Insurance
Company.
I hereby consent to the filing of this opinion as an exhibit to the
Post-Effective Amendment No. 5 to said Form S-6 Registration Statement and to
the use of my name under the caption "Legal Matters" in the Prospectus contained
in the Registration Statement.
Sincerely,
/s/ Donald R. Stading
Donald R. Stading
Secretary and General Counsel
EXHIBIT 7.(A)(B)
Opinion and Consent of Russell J. Wiltgen
<PAGE>
AMERITAS LIFE INSURANCE CORP. LOGO
August 30, 1999
Ameritas Variable Life Insurance Company
5900 "O" Street
P.O. Box 81889
Lincoln, Nebraska 68501
Gentlemen:
This opinion is furnished in connection with the registration by Ameritas
Variable Life Insurance Company of Nebraska of a flexible premium variable life
insurance policy ("Contract") under the Securities Act of 1933. The prospectus
included in Post-Effective Amendment No. 5 to Registration Statement No.
333-15585 on Form S-6 describes the Contract. The form of Contract was prepared
under my direction and I am familiar with the Registration Statement and
Exhibits thereto. This contract was developed and filed under Securities and
Exchange Commission Rule 6E-3(T), as interpreted at this time by the SEC staff.
In my opinion:
The illustrations of death benefits and cash values included in the section
entitled "Illustrations of Death Benefits and Cash Values" in the Appendices of
the prospectus, based on the assumptions stated in the illustrations, are
consistent with the provisions of the Contract. The rate structure of the
Contract has not been designed so as to make the relationship between premiums
and benefits, as shown in the illustrations, appear more favorable to
prospective purchasers of the Contract for male age 45, than to prospective
purchasers of the Contract for other ages or for females.
I hereby consent to the use of this opinion as an exhibit to the Post-Effective
Amendment No. 5 to the Registration Statement and to the reference to my name
under the heading "Experts" in the prospectus.
Very truly yours,
/s/ Russell J. Wiltgen
Russell J. Wiltgen
Vice President - Individual Product Management
EXHIBIT 8.
Consent of Deloitte & Touche LLP
<PAGE>
INDEPENDENT AUDITORS' CONSENT
We consent to the use in this Post-Effective Amendment No. 5 to Registration
Statement No. 333-15585 of Ameritas Variable Life Insurance Company Separate
Account V of our reports dated February 5, 1999, on the financial statements of
Ameritas Variable Life Insurance Company and Ameritas Variable Life Insurance
Company Separate Account V appearing in the Prospectus, which is a part of such
Registration Statement, and to the reference to us under the heading "Experts"
in such Prospectus.
/s/ Deloitte & Touche LLP
Lincoln, Nebraska
August 27, 1999
