February 13, 1996
Office of Insurance Products
Division of Investment Management
Securities and Exchange Commission
450 Fifth Street NW
Washington, DC 20549
Re: Phoenix Home Life Mutual Insurance Company
Phoenix Home Life Variable Universal Life Account
Form S-6 Registration Statement
Post-Effective Amendment No. 12
Rule 485(a) Filing VIA EDGAR
To the Commission Staff:
You will shortly receive one hard copy of the above-captioned post-effective
amendment, which was filed today. It will be marked to show changes from
Post-Effective Amendment No. 10, Amendment No. 11 having been withdrawn.
This filing contains an additional Policy, Flex Edge Success, and an additional
Prospectus. Flex Edge Success will replace, and is an enhanced version of, Flex
Edge, a current policy. Phoenix Home Life Mutual Insurance Company (the
"Company") wishes to begin sales of Flex Edge Success on May 1, 1996, subject to
this amendment's becoming effective and to state regulatory clearances.
Following a short transition period, the Company will discontinue sales of Flex
Edge, although it will continue to accept premium payments on existing Flex Edge
policies.
Flex Edge has been included in this registration statement since 1988. As an
enhanced version of that policy, Flex Edge Success is being filed within the
same registration statement in reliance on the Staff's comment regarding policy
enhancements in its November 1995 Generic Comment Letter.
The Company covers its currently offered single life variable policy in the same
Prospectus as Joint Edge, its multi-life variable policy. Therefore, the current
Prospectus covers Flex Edge and Joint Edge. As Flex Edge Success will replace
Flex Edge, the current post-effective amendment combines in one Prospectus the
descriptions of Joint Edge and Flex Edge Success. Flex Edge will be covered in
a second Prospectus, also filed in this amendment. That Prospectus will soon be
made available only to existing policyholders, as it will not be needed for new
policy sales.
The new Policy's design and load structure encourages policyholders to maintain
their policies for long periods of time. It has more features and options than
the old Policy. Charges are somewhat higher in the early years and lower
thereafter, the combined effect of which eventually produces higher cash values
and higher death benefits. The new Policy has the same cost of insurance charge
guarantees as the old Policy, and an improved death benefit option. A detailed
discussion follows.
1. Sales Load; 6e-3(T) Testing
For Flex Edge Success: The contingent deferred sales charge is equal to 75% of
one guideline premium in Policy Years one through five.In the sixth through
eighth Policy Years, it decreases by 0.75% per month to 48% of one guideline
annual premium. In the ninth and tenth Policy Years, it decreases by 2% per
month to zero at the end of the tenth Policy Year. In addition, the contingent
deferred sales charge for Flex Edge Success is capped in the first two Policy
Years at 28.5% of premiums paid up to one guideline annual premium, plus 8.5% of
premiums paid between one and two guideline annual premiums, plus 7.5% of
premiums paid in excess of two guideline annual premiums.
<PAGE>
For Flex Edge: The contingent deferred sales charge is equal to 50% of one
guideline premium in Policy Years one through five. In the sixth and seventh
Policy Years it decreases by .5% per month to 38% of one guideline annual
premium. In the eighth and ninth Policy Years it decreases by .76% per month to
19.76% of one guideline annual premium. In the tenth Policy Year it decreases by
one-twelfth of 19.76% each month to zero at the end of the tenth Policy Year. In
addition, the contingent deferred sales charge for Flex Edge is capped in the
first two Policy Years at 30% of premiums paid up to one guideline annual
premium, plus 10% of premiums paid between one and two guideline annual
premiums, plus 9% of premiums paid in excess of two guideline annual premiums.
DAC Tax Premium Charge - Flex Edge Success Only: There is a deduction from
premiums of 1.5% for the DAC Tax. This deduction, for the purpose of testing
compliance with Rule 6e-3(T)(b)(13)(i)(A) and 6e-3(T)(b)(13)(v)(A), is
considered "sales load" and no exemptive application for the DAC Tax is
considered necessary.
2
<PAGE>
2. Mortality and Expense Risk Charges
In both Flex Edge and Flex Edge Success, the annualized mortality and expense
risk charge during the first fifteen Policy Years is .80%. After the fifteenth
Policy Year, the charge drops in Flex Edge Success to .25%, whereas it remains
.80% in Flex Edge.
3. Other Aspects of Charges
For Flex Edge Success, the Company will assess a uniform state premium tax load
rather than, as in Flex Edge, vary by state of issuance. Net policy loan rates
are lower in Flex Edge by 1/2% per year after 15 Policy Years.
Administrative charges are slightly, but not materially, different for Flex Edge
Success. All administrative charges go only to recover the Company's costs.
4. Improved Flex Edge Success Policy Features (Compared to Flex Edge) Apart from
Charges
a. Lifetime Option 2 Death Benefit: In Flex Edge, the Option 2 Death
Benefit (face amount plus cash value) only applies to age 65, then reverts to
Option 1 (face amount only). In Flex Edge Success, the Option 2 Death Benefit is
a lifetime benefit. This change allows greater death benefit protection after
age 65, and is consistent with the way many other companies' Option 2 death
benefit operates.
b. Elimination of Maturity Date: In Flex Edge, the policy "matures"
when the insured reaches age 95, requiring the payment of the policy value to
the owner, a taxable event. In Flex Edge Success, there is no maturity date,
giving the owner the opportunity to continue the policy until the death of the
insured, although premiums need not be paid beyond the insured's 100th birthday.
c. Preferred Risk Class: For underwriting purposes, a new "top of the
line" risk class has been created for Flex Edge Success, allowing lower cost of
insurance rates where the insured qualifies as a Preferred Risk. This new
underwriting class is appropriate for the best risks. The Company believes it
has been increasingly used by insurers in recent years.
d. Cash Value Accumulation Test Rider: This optional rider, available
in Flex Edge Success and not in Flex Edge, allows the policyholder to pay more
premiums in the early Policy Years and provides a higher minimum death benefit
per dollar of account value.
3
<PAGE>
In view of the foregoing, the two prospectuses have been filed as part of a
single registration statement under Rule 485(a), with a requested effective date
of May 1, 1996. A Rule 485(b) filing adding year-end 1995 financial statements,
financial data schedules and other matters permitted to be filed under Rule
485(b) will be filed in April 1996 for concurrent effectiveness with the present
post-effective amendment.
If you have any questions, please contact the undersigned at (860)275-5788 or
the Company's Washington counsel, James Bernstein of Jorden Burt Berenson &
Johnson LLP, at (202)965-8175.
Sincerely,
/s/Richard J. Wirth
- --------------------
Richard J. Wirth, Counsel
4
<PAGE>
As filed with the Securities and Exchange Commission on February 13, 1996
Registration No. 33-23251
- --------------------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
--------------
Post-Effective Amendment No. 12
to
FORM S-6
--------------
FOR REGISTRATION UNDER THE SECURITIES ACT
OF 1933 OF SECURITIES OF UNIT INVESTMENT TRUSTS
REGISTERED ON FORM N-8 B-2
--------------
Phoenix Home Life Variable Universal Life Account
(Exact Name of Trust)
Phoenix Home Life Mutual Insurance Company
(Name of Depositor)
--------------
One American Row
Hartford, Connecticut 06115
(Complete address of Depositor's principal executive offices)
Dona D. Young, Esquire
Executive Vice President and General Counsel
Phoenix Home Life Mutual Insurance Company
One American Row
Hartford, Connecticut 06115
(Name and complete address of agent for service)
--------------
Copies to:
Michael Berenson, Esq. Richard J. Wirth, Esq.
Jorden Burt Berenson & Johnson, LLP Counsel
1025 Thomas Jefferson St. N.W. Phoenix Home Life Mutual Insurance Company
Suite 400 East One American Row
Washington, D.C. 20007-0805 Hartford, Connecticut 06115
--------------
Declaration Required By Rule 24f-2
Pursuant to Rule 24f-2 under the Investment Company Act of 1940, the Registrant
has chosen to register an indefinite amount of securities being offered. On
February 28, 1995, the Registrant filed its Rule 24f-2 Notice for the
Registrant's 1994 fiscal year. Form 24f-2 will be filed by February 29, 1996 for
Registrant's fiscal year ended December 31, 1995.
--------------
It is proposed that this filing will become effective:
[ ] immediately upon filing pursuant to paragraph (b);
[ ] on pursuant to paragraph (b);
[ ] 60 days after filing pursuant to paragraph (a)(i); or
[X] on May 1, 1996 pursuant to paragraph (a)(i) of Rule 485.
[ ] this Post-Effective Amendment designates a new effective date
for a previously filed post-effective amendment.
--------------
Registrant is relying on the exemptive relief provided by Rule 6e-3(T) under the
Investment Company Act of 1940 and elects to be governed by subparagraph
(b)(13)(i)(A) of that Rule.
- --------------------------------------------------------------------------------
<PAGE>
CROSS REFERENCE TO ITEMS REQUIRED
BY FORM N-8B-2
N-8B-2 Item Caption in Prospectus
1 The VUL Account
2 Phoenix Home Life Mutual Insurance Company
3 Not Applicable
4 Sales of Policies
5 The VUL Account
6 The VUL Account
7 Not Applicable
8 Not Applicable
9 Legal Proceedings
10 The Policy
11 Investments of the VUL Account
12 Investments of the VUL Account
13 Charges and Deductions; Investments of the VUL Account
14 Premium Payment; Allocation of Issue Premium; Right to Cancel
Period
15 Allocation of Issue Premium; Transfer of Policy Value
16 Investments of the VUL Account
17 Surrenders
18 Allocation of Issue Premium; Transfer of Policy Value;
Reinvestment and Redemption
19 Voting Rights; Reports
20 Not Applicable
21 Policy Loans
22 Not Applicable
23 Safekeeping of the VUL Account's Assets
24 Not Applicable
25 Phoenix Home Life Mutual Insurance Company
26 Charges and Other Deductions; Investments of the VUL Account
27 Phoenix Home Life Mutual Insurance Company
28 Phoenix Home Life Mutual Insurance Company; The Directors and
Executive Officers of Phoenix Home Life
29 Not Applicable
30 Not Applicable
31 Not Applicable
32 Not Applicable
33 Not Applicable
34 Not Applicable
35 Phoenix Home Life Mutual Insurance Company
36 Not Applicable
37 Not Applicable
38 Sales of Policies
39 Sales of Policies
40 Not Applicable
41 Sales of Policies
42 Not Applicable
43 Not Applicable
44 Determination of Sub-Account Values
45 Not Applicable
46 Determination of Sub-Account Values
47 Allocation of Issue Premium; Determination of Sub-Account Values
48 Not Applicable
49 Not Applicable
50 Not Applicable
<PAGE>
N-8B-2 Item Caption in Prospectus
51 Phoenix Home Life Mutual Insurance Company; The Policy; Charges
and Deductions
52 Investments of the VUL Account
53 Federal Tax Considerations
54 Not Applicable
55 Not Applicable
56 Not Applicable
57 Not Applicable
58 Not Applicable
59 Not Applicable
<PAGE>
Single Life Policies and the features available under these Policies may not
yet be available in your state. Please contact your Registered Representative.
Version A
VARIABLE LIFE INSURANCE POLICY
Issued By: Phoenix Home Life Mutual Insurance Company
101 Munson Street
P.O. Box 810
Greenfield, Massachusetts 01302-0810
Telephone: (800) 892-4885
PROSPECTUS
May 1, 1996
This prospectus describes Flexible Premium Variable Life Insurance Policies
(the "Policies"), offered by Phoenix Home Life Mutual Insurance Company
("Phoenix Home Life"). An applicant chooses the amount of Issue Premium desired
and it is then shown in the Policy. Generally, the minimum Issue Premium Phoenix
Home Life will accept is the greater of $50 or 1/6 of the Planned Annual
Premium. Phoenix Home Life may in some cases accept less than that amount. The
amount and payment frequency of planned premiums are as shown in the Policy. If
too much is paid in premium in the early Policy Years, the Policy could become a
"modified endowment contract". This would cause loans and other amounts received
under the Policy to be subject to tax and/or penalties. Currently, Phoenix Home
Life notifies a Policyowner when a Policy becomes a modified endowment contract.
Premium payments are allocated to one or more of the sub-accounts of the
Phoenix Home Life Variable Universal Life Account (the "VUL Account") or to the
Guaranteed Interest Account ("GIA"), as specified in the applicant's application
for insurance. The VUL Account is divided into Sub-accounts, each of which
invests in a corresponding series of The Phoenix Edge Series Fund or Wanger
Advisor's Trust (the "Funds"). For certain Policyowners, the Issue Premium is
first allocated to the Money Market Sub-account before being allocated according
to the instructions in the application.
There is no guaranteed minimum Policy Value except for that portion of Policy
Value invested in the GIA, which has a 4% minimum interest rate guarantee. The
Policy Value not invested in the GIA will vary to reflect the investment
experience of the Sub-accounts of the VUL Account to which premiums have been
allocated. A Policyowner bears the investment risk for all amounts so allocated.
The Policy will remain in effect so long as the Policy Value or Cash Surrender
Value is sufficient to pay certain monthly charges imposed in connection with
the Policy.
The death benefit under the Policy equals the Policy's face amount on the date
of the Insured's death or, if greater, the Policy Value on the date of death
increased by the applicable percentage set forth in the Policy. Other death
benefit options are also available.
A Policyowner may cancel the Policy within 10 days (or longer in some states),
after the Policyowner receives it or 10 days after Phoenix Home Life mails or
delivers a written notice of withdrawal right to the Policyowner, or within 45
days of completing the application, whichever is latest.
It may not be advantageous to purchase a Policy as a replacement for your
current life insurance or to supplement an existing life insurance policy.
This prospectus is valid only if accompanied by or preceded by current
prospectuses for the Funds. This prospectus and the prospectuses for the Funds
should be read and retained for future reference.
THESE SECURITIES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SECURITIES AND
EXCHANGE COMMISSION NOR HAS THE COMMISSION PASSED UPON THE ACCURACY OR ADEQUACY
OF THIS PROSPECTUS. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.
1
<PAGE>
TABLE OF CONTENTS
Page
- -------------------------------------------------
VARIABLE LIFE INSURANCE POLICY 1
TABLE OF CONTENTS 2
FINANCIAL HIGHLIGHTS 3
SPECIAL TERMS 7
SUMMARY 8
PHOENIX HOME LIFE AND THE VARIABLE ACCOUNT 10
Phoenix Home Life Mutual Insurance Company 10
The VUL Account 10
The Guaranteed Interest Account 10
THE POLICY 11
Introduction 11
Eligible Purchasers 11
Premium Payment 11
Allocation of Issue Premium 12
Right to Cancel Period 12
Temporary Insurance Coverage 12
Transfer of Policy Value 12
Determination of Sub-account Values 13
Death Benefit 13
Surrenders 14
Policy Loans 14
Lapse 15
Payment of Premiums During Period of
Disability 16
Additional Insurance Options 16
Additional Rider Benefits 16
INVESTMENTS OF THE VUL ACCOUNT 17
Participating Mutual Fund 17
Investment Adviser to The Phoenix Edge Series
Fund 18
Investment Adviser to The Wanger Advisors
Trust 18
Reinvestment and Redemption 18
Substitution of Investments 18
Performance History 19
CHARGES AND DEDUCTIONS 20
Monthly Deduction 20
Premium Taxes 21
Federal Tax Charge 21
Mortality and Expense Risk Charge 21
Investment Management Charge 21
Other Charges 21
GENERAL PROVISIONS 23
Postponement of Payments 23
Payment by Check 23
The Contract 23
Suicide 23
Incontestability 23
Change of Owner or Beneficiary 23
Assignment 23
Misstatement of Age or Sex 23
Surplus 23
Page
- -------------------------------------------------
PAYMENT OF PROCEEDS 23
Surrender and Death Benefit Proceeds 23
Payment Options 24
FEDERAL TAX CONSIDERATIONS 24
Introduction 24
Phoenix Home Life's Tax Status 25
Policy Proceeds 25
Other Taxes 26
Modified Endowment Contracts 26
Limitations on Unreasonable Mortality
and Expense Charges 26
Qualified Plans 26
Diversification Standards 27
Change of Ownership or Insured or Assignment 27
VOTING RIGHTS 27
The Fund 27
Phoenix Home Life 27
THE DIRECTORS AND EXECUTIVE OFFICERS
OF PHOENIX HOME LIFE 28
SAFEKEEPING OF THE VUL ACCOUNT'S ASSETS 29
SALES OF POLICIES 29
STATE REGULATION 29
REPORTS 29
LEGAL PROCEEDINGS 29
LEGAL MATTERS 29
REGISTRATION STATEMENT 29
FINANCIAL STATEMENTS 29
APPENDIX A 32
APPENDIX B 33
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.
2
<PAGE>
FINANCIAL HIGHLIGHTS
(Selected data for a unit outstanding throughout the indicated period)
Following are the unaudited Financial Highlights for the periods indicated:
Money Market Sub-account
------------------------------------
Net asset value, beginning of period ....
Income from investment operations
Net investment income ..................
Total from investment operations ......
Change in net asset value ............... [To be filed by amendment]
Net asset value, end of period ..........
Total return ............................
Ratios/supplemental data:
Net assets, end of period (000) ........
Ratio to average net assets of:
Total expenses .........................
Net investment income ..................
Growth Sub-account
------------------------------------
Net asset value, beginning of period ....
Income from investment operations
Net investment income ..................
Net realized and unrealized gain (loss).
Total from investment operations ......
Change in net asset value ............... [To be filed by amendment]
Net asset value, end of period ..........
Total return ............................
Ratios/supplemental data:
Net assets, end of period (000) ........
Ratio to average net assets of:
Total expenses .........................
Net investment income ..................
(1) Annualized
3
<PAGE>
FINANCIAL HIGHLIGHTS
(Selected data for a unit outstanding throughout the indicated period)
Bond Sub-account
------------------------------------
Net asset value, beginning of period .....
Income from investment operations
Net investment income ...................
Net realized and unrealized gain (loss) .
Total from investment operations .......
Change in net asset value ................
Net asset value, end of period .... [To be filed by amendment]
Total return .............................
Ratios/supplemental data:
Net assets, end of period (000) .........
Ratio to average net assets of:
Total expenses ..........................
Net investment income ...................
Portfolio turnover .......................
Total Return Sub-account
------------------------------------
Net asset value, beginning of period .....
Income from investment operations
Net investment income ...................
Net realized and unrealized gain (loss) .
Total from investment operations .......
Change in net asset value ................
Net asset value, end of period .... [To be filed by amendment]
Total return .............................
Ratios/supplemental data:
Net assets, end of period (000) .........
Ratio to average net assets of:
Total expenses ..........................
Net investment income ...................
Portfolio turnover .......................
(1) Annualized
4
<PAGE>
FINANCIAL HIGHLIGHTS
(Selected data for a unit outstanding throughout the indicated period)
International Sub-account
------------------------------------
Net asset value, beginning of period .....
Income from investment operations
Net investment income ...................
Net realized and unrealized gain (loss) .
Total from investment operations .......
Change in net asset value ................
Net asset value, end of period .... [To be filed by amendment]
Total return .............................
Ratios/supplemental data:
Net assets, end of period (000) .........
Ratio to average net assets of:
Total expenses ..........................
Net investment income ...................
Portfolio turnover .......................
Balanced Sub-account
------------------------------------
Net asset value, beginning of period .....
Income from investment operations
Net investment income ...................
Net realized and unrealized gain (loss) .
Total from investment operations .......
Change in net asset value ................
Net asset value, end of period .... [To be filed by amendment]
Total return .............................
Ratios/supplemental data:
Net assets, end of period (000) .........
Ratio to average net assets of:
Total expenses ..........................
Net investment income ...................
Portfolio turnover .......................
(1) Annualized
5
<PAGE>
FINANCIAL HIGHLIGHTS
(Selected data for a unit outstanding throughout the indicated period)
Real Estate Sub-account
------------------------------------
Net asset value, beginning of period .....
Income from investment operations
Net investment income ...................
Net realized and unrealized gain (loss) .
Total from investment operations .......
Change in net asset value ................
Net asset value, end of period .... [To be filed by amendment]
Total return .............................
Ratios/supplemental data:
Net assets, end of period (000) .........
Ratio to average net assets of:
Total expenses ..........................
Net investment income ...................
Portfolio turnover .......................
(1) Annualized
STRATEGIC THEME SUB-ACCOUNT
WANGER U.S. SMALL CAP SUB-ACCOUNT
WANGER INTERNATIONAL SMALL CAP SUB-ACCOUNT
These Sub-accounts commenced operations as of the date of this prospectus;
accordingly, financials for these Sub-accounts are not yet available.
6
<PAGE>
SPECIAL TERMS
As used in this Prospectus, the following terms have the indicated meanings:
Attained Age: The age of the Insured on the birthday nearest the most recent
Policy Anniversary.
Beneficiary: The person or persons specified by the Policyowner as entitled to
receive the death benefits under a Policy.
Cash Surrender Value: The Policy Value less any surrender charge that would
apply on the date of surrender and less any Debt.
Death Benefit Guarantee: An additional benefit rider available with the Policy
that guarantees a death benefit equal to the initial face amount or the face
amount as later increased or decreased, provided that Minimum Required Premiums
are paid. See "Additional Rider Benefits."
Debt: Outstanding loans against a Policy, plus accrued interest.
General Account: The general asset account of Phoenix Home Life.
Guaranteed Interest Account (GIA): An allocation option under which amounts
deposited are guaranteed to earn a fixed rate of interest. Excess interest may
also be credited, in the sole discretion of Phoenix Home Life.
In Force: Conditions under which the coverage under a Policy is in effect and
the Insured's life remains insured.
Insured: The person upon whose life the Policy is issued.
In Writing (Written Request): In a written form satisfactory to Phoenix Home
Life and delivered to Variable and Universal Life Administration.
Issue Premium: The premium payment made in connection with the issue of the
Policy.
Minimum Required Premium: The required premium as specified in the Policy. An
increase or decrease in the face amount of the policy will change the Minimum
Required Premium amount.
Monthly Calculation Day: The first Monthly Calculation Day is the same day as
the Policy Date. Subsequent Monthly Calculation Days are the same day of each
month thereafter or, if such day does not fall within a given month, the last
day of that month will be the Monthly Calculation Day.
Multiple Life Policy: A Policy under which the number of Insureds is greater
than one (1) but no more than five (5), and under which the death benefit is
paid upon the death of the first insured to die.
Payment Date: The Valuation Date on which a premium payment or loan repayment is
received at Phoenix Home Life, unless it is received after the close of the New
York Stock Exchange, in which case it will be the next Valuation Date.
Phoenix Home Life: Phoenix Home Life Mutual Insurance Company, Hartford,
Connecticut.
Planned Annual Premium: The premium amount that the Policyowner agrees to pay
each Policy Year. It must be at least equal to the minimum premium required for
the face amount of insurance selected and must be no greater than the maximum
premium allowed for the face amount selected.
Policy Anniversary: Each anniversary of the Policy Date.
Policy Date: The Policy Date as shown on the Schedule Page of the Policy. It is
the date from which Policy Years and Policy Anniversaries are measured.
Policy Month: The period from one Monthly Calculation Day up to but not
including the next Monthly Calculation Day.
Policyowner (Owner): The owner of a Policy.
Policy Value: The sum of a Policy's share in the values of each Sub-account of
the VUL Account plus the Policy's share in the values of the Guaranteed Interest
Account.
Policy Year: The first Policy Year is the one-year period from the Policy Date
up to, but not including, the first Policy anniversary. Each succeeding Policy
Year is the one-year period from the Policy anniversary up to but not including
the next Policy Anniversary.
Proportionate: Amounts allocated to Sub-accounts on a proportionate basis are
allocated by increasing (or decreasing) a Policy's share in the value of the
affected Sub-accounts so that such shares maintain the same ratio to each other
before and after the allocation.
Single Life Policy: A Policy that covers the life of one (1) Insured.
Sub-accounts: Accounts within the VUL Account to which non-loaned assets under a
Policy are allocated.
Unit: A standard of measurement used in determining the value of a Policy. The
value of a Unit for each Sub-account will reflect the investment performance of
that Sub-account and will vary in dollar amount.
Valuation Date: For any Sub-account, each date on which the net asset value of
the Fund is determined.
Valuation Period: For any Sub-account, the period in days from the end of one
Valuation Date through the next.
Variable and Universal Life Administration: Variable and Universal Life
Administration Division of Phoenix Home Life Mutual Insurance Company.
VUL Account: Phoenix Home Life Variable Universal Life Account.
7
<PAGE>
SUMMARY
1. What is the Difference Between the Policy and a Conventional Fixed Benefit
Life Insurance Policy?
Like conventional fixed-benefit life insurance, so long as the Policy remains
In Force, the Policy will provide for: (1) the payment of a death benefit to a
Beneficiary upon the Insured's death; (2) the accumulation of cash value; and
(3) surrender rights and Policy loan privileges.
The Policy differs from conventional fixed-benefit life insurance by allowing
Policyowners to allocate premiums to one or more Sub-accounts of the VUL Account
or to the Guaranteed Interest Account. Each Sub-account invests exclusively in a
designated portfolio of the Fund. Also, under the Policy, the Policy Value
invested in the VUL Account is not guaranteed and may increase or decrease
depending upon the investment experience of the Sub-accounts of the VUL Account.
Accordingly, the Policyowner bears the investment risk of any depreciation in
value of the underlying assets but reaps the benefits of any appreciation in
value. See "Policy Value."
In addition, unlike conventional fixed benefit life insurance, a Policyowner
also has the flexibility to make additional premium payments and to thereby
adjust the Policy Value. However, unlike conventional fixed-benefit life
insurance, the Policy does not require a Policyowner to adhere to a fixed
premium payment schedule. Moreover, after the payment of the Issue Premium, the
failure to make additional premium payments will not in itself cause the Policy
to lapse. Conversely, the payment of additional premiums will not guarantee that
the Policy will remain In Force. Generally, lapse will occur when the Cash
Surrender Value is insufficient to pay certain charges deducted on the Monthly
Calculation Day, and a grace period expires without payment of the additional
amount required. See "Lapse."
If a Whole Life Exchange Option Rider is attached to the Policy, the Policy
may be exchanged for a fixed-benefit whole life policy. (See "Additional Rider
Benefits").
2. Is There a Guaranteed Account Option?
Yes. A Policyowner may elect to have premium payments allocated to the
Guaranteed Interest Account. Amounts allocated to the GIA earn a fixed rate of
interest and Phoenix Home Life may also, in its sole discretion, credit excess
interest. (See Appendix A)
3. What Is the Death Benefit under the Policy?
The Policy provides for the payment of benefits upon the death of the Insured.
Upon application for a Policy, an applicant designates an Issue Premium. The
Policy indicates the face amount of insurance. The death benefit will equal the
face amount on the date of the Insured's death or, if greater, the Policy Value
on the date of the Insured's death increased by the applicable percentage set
forth in the Policy. If the increased death benefit option is selected, the
death benefit will equal the face amount on the date of the Insured's death plus
the Policy Value or, if greater, the Policy Value on the date of the Insured's
death increased by the applicable percentage set forth in the Policy. Guaranteed
death benefit and living benefits riders are also available. See "Death
Benefit."
4. How Long Will the Policy Remain In Force?
The Policy will only lapse when the Cash Surrender Value is insufficient to
pay the monthly deduction (see "Charges and Deductions -- Monthly Deductions"),
and a grace period expires without payment of the additional amount required. In
this respect, the Policy differs in two important respects from a conventional
life insurance Policy. First, the failure to pay additional premiums will not
automatically cause the Policy to lapse. Second, the payment of premiums of any
pre-specified amount does not guarantee that the Policy will remain In Force. A
rider is available to ensure that premium payments will continue during a period
of disability.
5. What Charges are There in Connection With the Policy?
Monthly Deduction: A deduction is made each Policy Month from the Policy Value
(excluding the value of the loaned portion of the Guaranteed Interest Account)
to pay the cost of insurance provided under the Policy; the cost of any rider
benefits provided; any unpaid balance of the Issue Expense Charge; and an
administrative charge as shown on the schedule page of the Policy. The
administrative charge may vary but in no event will it exceed $10 per month.
Currently, the administrative charge is $5.00 per month. The administrative
charge is set at a level designed to recover actual costs and is not designed to
result in any profit to Phoenix Home Life. See "Charges and Deductions."
Other Charges: A fee equal to the lesser of $25 or 2% of the partial surrender
amount paid is deducted from the Policy Value for each partial surrender. A
partial surrender charge equal to a pro-rata portion of the applicable surrender
charge that would apply to a full surrender, determined by applying a formula,
is also assessed against the VUL Account Sub-accounts or the Guaranteed Interest
Account when a partial surrender is made.
No charges are currently made from the VUL Account or the Guaranteed Interest
Account for federal or state income taxes. If Phoenix Home Life determines that
such taxes may be imposed, it may make deductions from the VUL Account to pay
these taxes.
Phoenix Home Life charges each Sub-account of the VUL Account the daily
equivalent of 0.80% for the first 15 years and then 0.25% on an annual basis of
the current value of the Sub-account's net assets for its assumption of certain
mortality and expense risks incurred in connection with Single Life Policies and
0.80% on an annual basis for Multiple Life Policies.
Premium amounts are also reduced by any applicable premium tax, a Federal Tax
Charge of 1.50% on Single Life Policies and, for payments made during a grace
period, by the amount needed to cover any monthly deductions made during the
grace period.
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Investment advisory charges are imposed on an annual basis based on the
average daily net assets of the Series of the Fund as follows:
Phoenix Investment Counsel, Inc.
Rate for First Rate for Next Rate for Excess
Series $250,000,000 $250,000,000 Over $500,000,000
- ------ ------------ ------------ -----------------
Money Market .40% .35% .30%
Bond....... .50% .45% .40%
Balanced... .55% .50% .45%
Total Return .60% .55% .50%
Growth..... .70% .65% .60%
International .75% .70% .65%
Strategic .75% .70% .65%
Theme......
Phoenix Realty Securities, Inc.
Rate for First Rate for Next Rate for Excess
Series $1,000,000,000 $1,000,000,000 Over $2,000,000,000
- ------ -------------- -------------- -------------------
Real Estate .75% .70% .65%
Wanger Asset Management, L.P.
Rate for First Rate for Next Rate for Excess
Series $1,000,000,000 $1,000,000,000 Over $2,000,000,000
- ------ -------------- -------------- -------------------
U.S. Small .98% .95% .90%
Cap
International 1.27% 1.20% 1.10%
Small Cap
In addition, each Series pays a portion or all of its other operating expenses
other than the management fees; the Growth, Bond, Total Return, Money Market and
Balance Series will pay up to .15%; the Real Estate and Strategic Theme Series
will pay up to .25%; the International Series will pay up to .40%; the Wanger
U.S. Small Cap Series will pay up to .17%; and the Wanger International Small
Cap Series will pay up to .27% of its total net assets. See "Charges and
Deductions."
6. Is there a Right to Cancel Period?
Yes. The Policyowner may cancel the Policy within 10 days after the
Policyowner receives it (or longer in some states), or 10 days after Phoenix
Home Life mails or delivers a written notice of withdrawal right to the
Policyowner, or within 45 days of completing the application, whichever is
latest.
7. How are Premiums Allocated?
If the applicant elects the Temporary Money Market Allocation Amendment in the
application, Phoenix Home Life will allocate the entire Issue Premium, less
applicable charges, to the Money Market Sub-account of the VUL Account. Phoenix
Home Life requires this election for all applicants in certain states and for
applicants in certain states who indicate on their application that they intend
the Policy to replace existing insurance. At the expiration of the Right to
Cancel Period for such Policyowners, the Policy Value will be allocated among
the Sub-accounts of the VUL Account or to the Guaranteed Interest Account in
accordance with the Policyowner's allocation instructions in the application for
insurance. All other Policyowners will have their Issue Premium less applicable
charges allocated according to the instructions in the application on the date
it is received without first having the premium placed in the Money Market
Sub-account. The Policy Value may be allocated among the available Sub-accounts
of the VUL Account, each of which invests in shares of a designated portfolio of
the Fund, or to the Guaranteed Interest Account.
8. After the Initial Allocation, May I Change the Allocation of Policy Value?
Yes. A Policyowner may transfer amounts among the Sub-accounts of the VUL
Account or the Guaranteed Interest Account. Only one transfer per Policy Year is
permitted from the unloaned portion of the Guaranteed Interest Account. The
amount of that transfer is limited to the higher of $1,000 or 25% of the value
of the Policy in the unloaned portion of the Guaranteed Interest Account. Also,
Phoenix Home Life reserves the right to require that transfers be made by
written request. Phoenix Home Life further reserves the right to permit
transfers of less than $500 only if the entire balance in the Sub-account of the
VUL Account or the Guaranteed Interest Account is transferred. A systematic
transfer program is also available. See "Transfer of Policy Value."
9. May the Policy be Surrendered?
Yes. A Policyowner may totally surrender the Policy at any time and receive
the Cash Surrender Value. Subject to certain limitations, the Policyowner may
also partially surrender the Policy at any time prior to the Maturity Date. In
the future, Phoenix Home Life may set a minimum partial surrender amount, not to
exceed $500. See "Surrenders -- Partial Surrenders." A partial surrender will
result in a decrease in the death benefit under the Policy. See "Death Benefit."
If the Policy is totally or partially surrendered during the first ten Policy
Years, a Surrender Charge will apply. See "Surrender Charge." In addition, there
may be certain tax consequences as the result of a surrender. For example, a
Policy may be a "modified endowment contract" if the amount of premium paid
during the first seven Policy Years is more than the amount that would have been
paid if the Policy had provided for paid-up benefits after the payment of seven
level annual premiums. Distributions such as loans and full or partial
surrenders under a modified endowment contract may be taxable income to the
extent they exceed the premiums paid. If such income is distributed before the
Policyowner attains age 59 1/2, a 10% penalty tax may be imposed. See "Federal
Tax Considerations."
10. What is the Policy's Loan Privilege?
A Policyowner may obtain Policy loans in an amount up to 90% of the result of
subtracting the remaining surrender charge from the Policy Value. The interest
rate on a loan is at an effective annual rate as stated in the Policy,
compounded daily and payable on each Policy Anniversary in arrears. The
requested loan amount is transferred from the VUL Account to the loaned portion
of the Guaranteed Interest Account and is credited with interest at an effective
annual rate as stated in the Policy. Phoenix Home Life
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reserves the right not to allow loans of less than $200 unless the loans are to
pay premiums on another policy issued by Phoenix Home Life. See "The Policy --
Policy Loans."
The proceeds of Policy loans may be subject to Federal income tax under
certain circumstances. See "Federal Tax Considerations."
11. How are Insurance Benefits Paid?
Surrender and death benefits under the Policy may be paid in a lump sum or
under one of the payment options set forth in the Policy. See "Payment Options."
PHOENIX HOME LIFE AND THE VARIABLE ACCOUNT
Phoenix Home Life Mutual Insurance Company
Phoenix Home Life Mutual Insurance Company ("Phoenix Home Life") is a mutual
life insurance company originally chartered in Connecticut in 1851. Its
executive office is at One American Row, Hartford, Connecticut 06115 and its
main administrative office is at 100 Bright Meadow Boulevard, Enfield,
Connecticut 06083-1900. Its New York principal office is at 99 Troy Road, East
Greenbush, New York 12061. Phoenix Home Life is the nation's 13th largest mutual
life insurance company and has admitted assets of approximately $12 billion.
Phoenix Home Life sells insurance policies and annuity contracts through its own
field force of full time agents and through brokers. Its operations are
conducted in all 50 states, the District of Columbia, Canada and Puerto Rico.
The VUL Account
The VUL Account is a separate account of Phoenix Home Life registered as a
unit investment trust under the Investment Company Act of 1940, as amended, and
it meets the definition of a "separate account" under that Act. Such
registration does not involve supervision of the management of the VUL Account
or Phoenix Home Life by the Securities and Exchange Commission.
The VUL Account currently has ten Sub-accounts available for allocation of
Policy Value. If in the future Phoenix Home Life determines that marketing needs
and investment conditions warrant, Phoenix Home Life may establish additional
Sub-accounts, which will be made available to existing Policyowners to the
extent and on a basis determined by Phoenix Home Life. Each Sub-account will
invest solely in shares of the Funds allocable to one of ten portfolios, each
having the specified investment objective set forth under "Investments of the
VUL Account -- Participating Mutual Funds."
Phoenix Home Life does not guarantee the investment performance of the VUL
Account or any of its Sub-accounts. The Policy Value allocated to the VUL
Account depends on the investment performance of the Fund. Thus, the Policyowner
bears the full investment risk for all monies invested in the VUL Account.
The VUL Account may include in advertisements, sale literature and other
communications information about and Series or Adviser's current investment
strategies and management style. Current strategies and style may change to
allow any Series to respond quickly to changing market and economic conditions.
From time to time the VUL Account may include specific portfolio holdings or
industries in such communications. To illustrate components of overall
performance, the Funds may separate their cumulative and average annual returns
into income and capital gains components; or cite separately as a return figure
the equity or bond return figure to well-known indices of market performance,
including, but not limited to: the S&P 500 Index, Dow Jones Industrial Average,
First Boston High Yield Index and Salomon Brothers Corporate and Government Bond
Indices.
The VUL Account may from time to time include in advertisements containing
total return the ranking of those performance figures relative to such figures
for groups of sub-accounts having similar investment objectives as categorized
by ranking services such as Lipper Analytical Services, Inc., CDA Investment
Technologies, Inc., Weisenberger Financial Services, Inc. and Morningstar, Inc.
Additionally, the Funds may compare a Series performance results to other
investment or savings vehicles (such as certificates of deposit) and may refer
to results published in various publications such as Changing Times, Forbes,
Fortune, Money, Barrons, Business Week and Investor's Daily, The Stanger
Register, Stanger's Investment Adviser, The Wall Street Journal, The New York
Times, Consumer Reports, Registered Representative, Financial Planning,
Financial Services Weekly, Financial World, U.S. News and Work Report, Standard
& Poor's The Outlook, and Personal Investor. The Funds may from time to time
illustrate the benefits of tax deferral by comparing taxable investments to
investments made through tax-deferred retirement plans. The total return may
also be used to compare the performance of a Series against certain widely
acknowledged outside standards or indices for stock and bond market performance,
such as the Standard & Poor's 500 Stock Index (the "S&P 500"), Dow Jones
Industrial Average, Europe Australia Far East Index (EAFE), Consumer's Price
Index, Shearson Lehman Corporate Index and Shearson Lehman T-Bond Index. The S&P
500 is a commonly quoted market value-weighted and unmanaged index showing the
changes in the aggregate market value of 500 common stocks relative to the base
period 1940-43. The S&P is composed almost entirely of common stocks of
companies listed on the New York Stock Exchange, although the common stocks of a
few companies listed on the American Stock Exchange or traded over the counter
are included. The 500 companies represented include 400 industrial, 60
transportation and 40 financial services concerns. The S&P represents about 80%
of the market value of all issues traded on the New York Stock Exchange.
The VUL Account is administered and accounted for as part of the general
business of Phoenix Home Life, but the income, gains, or losses of the VUL
Account are credited to or charged against the assets held in the VUL Account,
without regard to other income, gains, or losses of any other business Phoenix
Home Life may conduct. Under New York law, the assets of the VUL Account are not
chargeable with liabilities arising out of any other business Phoenix Home Life
may conduct. Nevertheless all obligations arising under the Policy are general
corporate obligations of Phoenix Home Life.
The Guaranteed Interest Account
The Guaranteed Interest Account is not part of the VUL Account. It is
accounted for as part of the General Account. Phoenix Home Life reserves the
right to limit cumulative deposits, including transfers, to the unloaned
portion of the Guaran-
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teed Interest Account to no more than $250,000 during any one-week period.
Phoenix Home Life will credit interest daily on the amounts allocated under the
Policy to the Guaranteed Interest Account. The credited rate will be uniform
by class. The loaned portion of the Guaranteed Interest Account will be credited
interest at an effective annual fixed rate of 2% for Single Life Policies and 6%
for Multiple Life Policies. Interest on the unloaned portion of the Guaranteed
Interest Account will be credited at an effective annual rate of not less than
4%.
Twice each calendar month Phoenix Home Life sets the interest rate that will
apply to any net premium or transferred amounts deposited to the unloaned
portion of the Guaranteed Interest Account. That rate will remain in effect for
such deposits for an initial guarantee period of one full year from the date of
deposit. Upon expiration of the initial one-year guarantee period (and each
subsequent one-year guarantee period thereafter), the rate to be applied to any
deposits whose guarantee period has just ended shall be the same rate as is
applied to new deposits allocated to the Guaranteed Interest Account at the time
that the guarantee period expired. This rate will likewise remain in effect for
a guarantee period of one full year from the date the new rate is applied. For
more complete information concerning the Guaranteed Interest Account, see
Appendix A.
THE POLICY
Introduction
The Policy is a variable life insurance policy. The Policy has a death
benefit, Cash Surrender Value, and loan privilege such as is associated with a
traditional fixed benefit whole life policy. The Policy differs from a fixed
benefit whole life policy, however, because the Policyowner specifies into which
of several Sub-accounts of the VUL Account or the Guaranteed Interest Account
net premium is to be allocated. Each Sub-account of the VUL Account, in turn,
invests its assets exclusively in a portfolio of the Fund. The Policy Value
varies according to the investment performance of the Series to which Policy
Value has been allocated.
Eligible Purchasers
Any person up to the age of 75 is eligible to be insured under a newly
purchased Policy after providing acceptable evidence of insurability. A person
can purchase a Policy to insure the life of another person provided that the
Policyowner has an insurable interest in the life of the Insured, and the
Insured consents. A policy can also be purchased to cover from two to five lives
under one Policy, for any person up to the age of 80. Under such a Multiple Life
Policy, the death benefit is paid upon the first death under the Policy; the
Policy then terminates. Such a Policy could be purchased on the lives of
spouses, family members, business partners or other related groups.
Premium Payment
The minimum Issue Premium for a Policy is generally the greater of $50 or 1/6
of the Planned Annual Premium. The Issue Premium is due on the Policy Date. The
Insured must be alive when the Issue Premium is paid. Thereafter, the amount and
payment frequency of planned premiums are as shown on the schedule page of the
Policy. All premiums are payable at Variable and Universal Life Administration,
except that the Issue Premium may be paid to an authorized agent of Phoenix Home
Life for forwarding to the Underwriting Department of Phoenix Home Life.
Any premium payments will be reduced by the applicable premium tax and on
Single Life Policies will also be reduced by a Federal Tax Charge of 1.50%. The
Issue Premium will also be reduced by the Issue Expense Charge on a pro rata
basis in equal monthly installments over a 12 month period. Any unpaid balance
of the Issue Expense Charge will be paid to Phoenix Home Life upon Policy Lapse
or termination.
Premium payments received during a grace period will also be reduced by the
amount needed to cover any monthly deductions during the grace period. The
remainder will be applied on the Payment Date to the various Sub-accounts of the
VUL Account or to the Guaranteed Interest Account, based on the premium
allocation schedule elected in the application for the Policy or as later
changed. The allocation schedule for premium payments may be changed by calling
or writing to Variable and Universal Life Administration. Allocations to the VUL
Account Sub-accounts or to the Guaranteed Interest Account must be expressed in
terms of whole percentages.
The number of units credited to a Sub-account of the VUL Account will be
determined by dividing the portion of the net premium applied to that
Sub-account by the unit value of the Sub-account on the Payment Date.
A Policyowner may increase or decrease the planned premium amount or payment
frequency at any time by written notice to Variable and Universal Life
Administration. Phoenix Home Life reserves the right to limit increases to such
maximums as may be established from time to time. Additional premium payments
may be made at any time. Each premium payment must at least equal $25 or, if
made during a grace period, the payment must equal the amount needed to prevent
lapse of the Policy.
A Policyholder may also elect a Waiver of Premium Rider. This rider provides
for the waiver of certain premium payments under the Policy under certain
conditions during a period of total disability of the Insured. Under its terms,
the specified premium will be waived upon Phoenix Home Life's receipt of proof
that the Insured is totally disabled and that the disability occurred while the
rider was In Force.
The Policy contains a total premium limit as shown on the Schedule Page. This
limit is applied to the sum of all premiums paid under the Policy. If the total
premium limit is exceeded, the Policyowner will receive the excess, with
interest at an annual rate of not less than 4%, not later than 60 days after the
end of the Policy Year in which the limit was exceeded. The Policy Value will
then be adjusted to reflect the refund. The amount to be taken from each
Sub-account or the Guaranteed Interest Account will be allocated in the same
manner as provided for monthly deductions unless the Policyowner requests
otherwise in writing. The total premium limit may be exceeded if additional
premium is needed to prevent lapse or if Phoenix Home Life determines that
additional premium would be permitted by Federal laws or regulations.
A Policyowner may authorize his bank to draw $25 or more from his personal
checking account monthly to purchase Units in
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any available Sub-account. The amount the Policyowner designates will be
automatically invested in the Sub-account of his choice on the date the bank
draws on his account.
Policies sold to officers, directors and employees of Phoenix Home Life (and
their spouses and children) will be credited with an amount equal to the
first-year commission that would apply on the amount of premium contributed.
This option is also available to career agents of Phoenix Home Life (and their
spouses and children).
Allocation of Issue Premium
Within 7 business days after the later of receipt of the Issue Premium and
Phoenix Home Life's approval of a completed application for processing, Phoenix
Home Life will allocate the Issue Premium less applicable charges to the VUL
Account or to the Guaranteed Interest Account. Generally, the Issue Premium less
applicable charges is directly allocated in accordance with the allocation
instructions in the application for a Policy. However, Policies issued in
certain states, and Policies issued in certain states pursuant to applications
which state the Policy is intended to replace existing insurance, are issued
with a Temporary Money Market Allocation Amendment. Under this Amendment,
Phoenix Home Life temporarily allocates the entire Issue Premium paid less
applicable charges (along with any other premiums paid during the Right to
Cancel Period) to the Money Market Sub-account of the VUL Account, and, at the
expiration of the Right to Cancel Period, the Policy Value of the Money Market
Sub-account is allocated among the Sub-accounts of the VUL Account or to the
Guaranteed Interest Account in accordance with the applicant's allocation
instructions in the application for insurance.
Right to Cancel Period
A Policy may be returned by mailing or delivering it to Phoenix Home Life
within ten days after the Policyowner receives it (or longer in some states);
within ten days after Phoenix Home Life mails or delivers a written notice of
withdrawal right to the Policyowner; or within 45 days after the applicant signs
the application for insurance, whichever occurs latest (the "Right to Cancel
Period"). The returned Policy is treated as if Phoenix Home Life never issued
the Policy and, except for Policies issued with a Temporary Money Market
Allocation Amendment, Phoenix Home Life will return the sum of the following as
of the date Phoenix Home Life receives the returned Policy: (i) the then current
Policy Value less any unpaid loans and loan interest; plus (ii) any monthly
deductions, partial surrender fees, and other charges made under the Policy,
including investment advisory fees, or any Fund expenses deducted. The amount
returned for Policies issued with the Amendment will equal any premiums paid
less any unrepaid loans and loan interest, and less any partial surrender
amounts paid.
Phoenix Home Life reserves the right to disapprove an application for
processing within 7 days of receipt at Phoenix Home Life of the completed
application for insurance, in which event Phoenix Home Life will return the
premium paid. Even after approval of the application for processing, Phoenix
Home Life reserves the right to decline issuance of the Policy, in which event
Phoenix Home Life will refund the applicant the same amount as would have been
refunded under the Policy had it been issued but returned for refund during the
Right to Cancel Period.
Temporary Insurance Coverage
On the date the application for a Policy is signed and submitted with the
Issue Premium, Phoenix Home Life issues a Temporary Insurance Receipt in
connection with the application. Under the Temporary Insurance Receipt, the
insurance protection applied for (subject to the limits of liability and in
accordance with the terms set forth in the Policy and in the Receipt) takes
effect on the date of the application.
Transfer of Policy Value
Systematic Transfer Program
A Policyowner may elect to transfer funds automatically among the Sub-accounts
or the unloaned portion of the Guaranteed Interest Account ("GIA") on a monthly,
quarterly, semi-annual or annual basis under the Systematic Transfer Program for
Dollar Cost Averaging ("Systematic Transfer Program"). Under this Systematic
Transfer Program, the minimum initial and subsequent transfer amounts are $25
monthly, $75 quarterly, $150 semi-annually, or $300 annually. A Policyowner must
have an initial value of $1,000 in the GIA or the Sub-account that funds will be
transferred from and if the value in that Sub-account or the GIA drops below the
elected transfer amount, the entire remaining balance will be transferred and no
more systematic transfers will be processed. Funds may be transferred from only
one Sub-account or the GIA, but may be allocated to multiple Sub-accounts. Under
the Systematic Transfer Program, Policyowners may make more than one transfer
per Policy Year from the GIA, in approximately equal amounts over a minimum 18
month period. All transfers under the Systematic Transfer Program will be
executed on the basis of the respective values as of the first of the month
following receipt of the transfer request. If the first of the month falls on a
holiday or weekend, then the transfer will be processed on the next succeeding
business day.
Non-Systematic Transfers
Transfers among available Sub-accounts or the GIA and changes in premium
payment allocations may be requested in writing or by calling 1-800-892-4885,
between the hours of 8:30 AM and 4:00 PM Eastern Standard Time and will be
executed on the date the request is received at Variable and Universal Life
Administration, except as noted below. Unless the Policyowner elects in writing
not to authorize telephone transfers or allocation changes, telephone transfer
orders and allocation changes will also be accepted on behalf of the Policyowner
from his or her registered representative. Phoenix Home Life and Phoenix Equity
Planning Corporation ("PEPCO") will employ reasonable procedures to confirm that
telephone instructions are genuine. They will require account and request
verification and will record telephone instructions on tape. All telephone
transfers will be confirmed in writing to the Policyowner. To the extent that
procedures reasonably designed to prevent unauthorized transfers are not
followed, Phoenix Home Life and PEPCO may be liable for following telephone
instructions for transfers that prove to be fraudulent.
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However, the Policyowner would bear the risk of loss resulting from
instructions entered by an unauthorized third party that Phoenix Home Life
and PEPCO reasonably believe to be genuine. These telephone privileges may be
modified or terminated at any time and during times of extreme market
volatility, may be difficult to exercise. In such cases, the Policyowner
should submit a written request.
Phoenix Home Life reserves the right to permit transfers of less than $500
only if the entire balance in the Sub-account or the GIA is transferred or if
the Systematic Transfer Program has been elected.
Phoenix Home Life reserves the right to prohibit a transfer to any Sub-account
of the VUL Account where the resultant value of the Policy's share in that
Sub-account immediately after the transfer would be less than $500. It further
reserves the right to require that the entire balance of a Sub-account or the
GIA be transferred if the share of the Policy in the value of that Sub-account
would, immediately after the transfer, be less than $500.
Unless Phoenix Home Life agrees otherwise or the Systematic Transfer Program
has been elected, a Policyowner may make only one transfer per Policy Year from
the unloaned portion of the GIA and the amount that may be transferred cannot
exceed the greater of $1,000 or 25% of the value of the Policy in the unloaned
portion of the GIA at the time of the transfer. Non-systematic transfers from
the unloaned portion of the GIA will be effectuated on the date of receipt by
Variable and Universal Life Administration except as otherwise may be requested
by the Policyowner.
For policies issued with the Temporary Money Market Allocation Amendment,
transfers may not be made until termination of the Right to Cancel Period.
Determination of Sub-account Values
The unit value of each Sub-account of the VUL Account was set by Phoenix Home
Life on the first valuation date of each such Sub-account. The unit value of a
Sub-account of the VUL Account on any other Valuation Date is determined by
multiplying the unit value of that Sub-account on the just prior Valuation Date
by the Net Investment Factor for that Sub-account for the then current Valuation
Period. The unit value of each Sub-account of the VUL Account on a day other
than a Valuation Date is the unit value on the next Valuation Date. Unit values
are carried to 6 decimal places. The unit value of each Sub-account of the VUL
Account on a Valuation Date is determined at the end of that day.
The Net Investment Factor for each Sub-account of the VUL Account is
determined by the investment performance of the assets held by the Sub-account
during the Valuation Period. Each valuation will follow applicable law and
accepted procedures. The Net Investment Factor is equal to item (D) below
subtracted from the result of dividing the sum of items (A) and (B) by item (C).
(A) The value of the assets in the Sub-account on the current Valuation Date,
including accrued net investment income and realized and unrealized
capital gains and losses, but excluding the net value of any transactions
during the current Valuation Period.
(B) The amount of any dividend (or, if applicable, any capital gain
distribution) received by the Sub-account if the "ex-dividend" date for
shares of the Fund occurs during the current Valuation Period.
(C) The value of the assets in the Sub-account as of the just prior Valuation
Date, including accrued net investment income and realized and unrealized
capital gains and losses, and including the net value of all transactions
during the Valuation Period ending on that date.
(D) The sum of the following daily charges multiplied by the number of days in
the current Valuation Period:
1. the mortality and expense risk charge; and
2. the charge, if any, for taxes and reserves for taxes on investment
income, and realized and unrealized capital gains.
Death Benefit
General
The death benefit (under Option 1) equals the Policy's face amount on the date
of the Insured's death or, if greater, the minimum death benefit on the date of
death. On Single Life Policies, under Option 2, the death benefit equals the
Policy's face amount on the date of the Insured's death plus the Policy Value.
On Multiple Life Policies, under Option 2, the death benefit equals the Policy's
face amount on the date of the first insured's death plus the Policy Value to
the later of the tenth policy anniversary or policy anniversary nearest the
oldest insured's age 65. Under either Option, the minimum death benefit is the
Policy Value on the date of death of the Insured increased by the applicable
percentage from the table contained in the Policy, based on the Insured's
attained age at the beginning of the Policy Year in which the death occurs. If
no option is elected, Option 1 will apply.
Guaranteed Death Benefit Option
For Policies with a face amount of at least $50,000, a guaranteed death
benefit rider may be purchased. Under this Policy rider, if a Policyowner pays
the required premium each year as specified in the rider, the death benefit
selected will be guaranteed for a certain specified number of years, regardless
of the investment performance of the Policy, and will equal either the initial
face amount or the face amount as later changed by increases or decreases. In
order to keep this guaranteed death benefit In Force, there may be limitations
on the amount of partial surrenders or decreases in face amount permitted.
Living Benefits Option
In the event of a terminal illness of the Insured, an accelerated payment of
up to 75% of the Policy's death benefit (up to a maximum of $250,000) is
available if a Living Benefits Rider has been
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purchased. The minimum face amount of the Policy after any such accelerated
benefit payment is $10,000.
Partial Surrender and Decreases in Face Amount: Effect on
Death Benefit
A partial surrender or a decrease in face amount generally decreases the death
benefit. Upon a decrease in face amount or partial surrender, a partial
surrender charge will be deducted from Policy Value based on the amount of the
decrease or partial surrender. With a decrease in face amount, the death benefit
under a Policy would be reduced on the next Monthly Calculation Day. With a
partial surrender, the death benefit under a Policy would be reduced
immediately. A decrease in the death benefit may have certain tax consequences.
See "Federal Tax Considerations."
Requests for Decrease in Face Amount
A Policyowner may request a decrease in face amount at any time after the
first Policy Year. Unless Phoenix Home Life agrees otherwise, the decrease must
at least equal $10,000 and the face amount remaining after the decrease must at
least equal $25,000. All face amount decrease requests must be in writing and
will be effective on the first Monthly Calculation Day following the date
Phoenix Home Life approves the request. A partial surrender charge will be
deducted from the Policy Value based on the amount of the decrease. The charge
will equal the applicable surrender charge that would apply to a full surrender
multiplied by a fraction (the decrease in face amount divided by the face amount
of the Policy before the decrease).
Surrenders
General
At any time during the lifetime of the Insured and while the Policy is In
Force, the Policyowner may partially or fully surrender the Policy by sending a
written release and surrender in a form satisfactory to Phoenix Home Life to
Variable and Universal Life Administration, along with the Policy if Phoenix
Home Life so requires. The amount available for surrender is the Cash Surrender
Value at the end of the Valuation Period during which the surrender request is
received at Variable and Universal Life Administration.
Upon partial or full surrender, Phoenix Home Life generally will pay the
amount surrendered to the Policyowner within seven days after Phoenix Home Life
receives the Written Request for the surrender. Under certain circumstances, the
surrender payment may be postponed. See "General Provisions -- Postponement of
Payments." For the Federal tax effects of partial and full surrenders, see
"Federal Tax Considerations."
Full Surrenders
If the Policy is being fully surrendered, the Policy itself must be returned
to Variable and Universal Life Administration, along with the written release
and surrender of all claims in a form satisfactory to Phoenix Home Life. A
Policyowner may elect to have the amount paid in a lump sum or under a payment
option. See "Surrender Charge" and "Payment Options."
Partial Surrenders
A Policyowner may obtain a partial surrender of the Policy by requesting that
part of the Policy's Cash Surrender Value be paid. The Policyowner may do this
at any time during the lifetime of the Insured while the Policy is In Force with
a Written Request to Variable and Universal Life Administration. Phoenix Home
Life reserves the right to require that the Policy be returned before payment is
made. A partial surrender will be effective on the date the Written Request is
received or, if required, the date the Policy is received. Surrender proceeds
may be applied under any of the payment options described under "Payment of
Proceeds -- Payment Options."
Phoenix Home Life reserves the right not to allow partial surrenders of less
than $500. In addition, if the share of the Policy Value in any Sub-account or
in the Guaranteed Interest Account that would be reduced as a result of a
partial surrender would, immediately after the partial surrender, be less than
$500, Phoenix Home Life reserves the right to require that as part of any
partial surrender, the entire remaining balance in that Sub-account or the
Guaranteed Interest Account be surrendered.
Upon a partial surrender the Policy Value will be reduced by the sum of the
following:
(i) The Partial Surrender Amount Paid. This amount comes from a reduction in
the Policy's share in the value of each Sub-account or the Guaranteed
Interest Account based on the allocation requested at the time of the
partial surrender. If no allocation request is made, the assessment to
each Sub-account will be made in the same manner as that provided for
monthly deductions.
(ii) The Partial Surrender Fee. This fee is the lesser of $25 or 2% of the
partial surrender amount paid. The assessment to each Sub-account or the
Guaranteed Interest Account will be made in the same manner as provided
for the partial surrender amount paid.
(iii) A Partial Surrender Charge. This charge is equal to a pro- rata portion
of the applicable surrender charge that would apply to a full surrender,
determined by multiplying the applicable surrender charge by a fraction
(equal to the partial surrender amount payable divided by the result of
subtracting the applicable surrender charge from the Policy Value). This
amount is assessed against the Sub-account or the Guaranteed Interest
Account in the same manner as provided for the partial surrender amount
paid.
The Cash Surrender Value will be reduced by the partial surrender amount paid
plus the partial surrender fee. The Face Amount of the Policy will also be
reduced by the same amount as the Policy Value is reduced as described above.
Policy Loans
While the Policy is In Force, a loan may be obtained against the Policy up to
the available loan value. The loan value on any day is 90% of the result of
subtracting the then remaining surrender charge from the Policy Value. The
available loan value is the loan value on the current day less any outstanding
Debt.
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The amount of any loan will be added to the loaned portion of the Guaranteed
Interest Account and subtracted from the Policy's share of the Sub-accounts or
the unloaned portion of the Guaranteed Interest Account, based on the allocation
requested at the time of the loan. The total reduction will equal the amount
added to the loaned portion of the Guaranteed Interest Account. Allocations must
generally be expressed in terms of whole percentages. If no allocation request
is made, the amount subtracted from the share of each Sub-account or the
unloaned portion of the Guaranteed Interest Account will be determined in the
same manner as provided for monthly deductions. Interest will be credited and
the loaned portion of the GIA will increase at an effective annual rate of 2.00%
on Single Life Policies and 6% on Multiple Life Policies, compounded daily and
payable in arrears. At the end of each Policy Year and at the time of any Debt
repayment, interest credited to the loaned portion of the GIA will be
transferred to the unloaned portion of the GIA.
Debt may be repaid at any time during the lifetime of the Insured while the
Policy is In Force. Any Debt repayment received by Phoenix Home Life during a
grace period will be reduced to cover any overdue monthly deductions and only
the balance will be applied to reduce the Debt. Such balance, in excess of any
outstanding accrued loan interest, will be applied to reduce the loaned portion
of the Guaranteed Interest Account and will be transferred to the unloaned
portion of the Guaranteed Interest Account to the extent that loaned amounts
taken from such Account have not previously been repaid. Otherwise, such balance
will be transferred among the Sub-accounts as the Policyowner requests upon
repayment and, if no allocation request is made, according to the most recent
premium allocation schedule on file.
While there is outstanding Debt on the Policy, any payments received by
Phoenix Home Life for the Policy will be applied directly to reduce the Debt
unless specified as a premium payment by the Policyowner. Until the Debt is
fully repaid, additional Debt repayments may be made at any time during the
lifetime of the Insured while the Policy is In Force.
Failure to repay a policy loan or to pay loan interest will not terminate the
Policy except as otherwise provided under the terms of the Policy concerning the
grace period and lapse.
The proceeds of Policy loans may be subject to Federal income tax under
certain circumstances. See "Federal Tax Considerations."
In the future, Phoenix Home Life may set a minimum Policy loan amount not to
exceed $200. However, any such minimum loan amount will not apply to any loan,
the proceeds of which are used to pay a premium due on another policy issued by
Phoenix Home Life.
The Policyowner will pay interest on the loan at an effective annual rate,
compounded daily and payable in arrears. For the first ten Policy Years or until
the Policyowner reaches age 65, whichever occurs first, the rate will be 4.00%
on Single Life Policies and 8% on Multiple Life Policies. The loan interest rate
in subsequent years will be 3% for five years, then 21/2% thereafter for Single
Life Policies and 7% thereafter for Multiple Life Policies. At the end of each
Policy Year, any interest due on the Debt will be treated as a loan and will be
offset by a transfer from the Policyowner's values to the value of the loaned
portion of the Guaranteed Interest Account.
A Policy loan, whether or not repaid, has a permanent effect on the Policy
Value because the investment results of the Sub-accounts or unloaned portion of
the Guaranteed Interest Account will apply only to the amount remaining in the
Sub-accounts or the unloaned portion of the Guaranteed Interest Account. The
longer a loan is outstanding, the greater the effect is likely to be. The effect
could be favorable or unfavorable. If the Sub-accounts or the unloaned portion
of the Guaranteed Interest Account earn more than the annual interest rate for
funds held in the loaned portion of the Guaranteed Interest Account, Policy
Value does not increase as rapidly as it would have had no loan been made. If
the Sub-accounts or the Guaranteed Interest Account earn less than the annual
interest rate for funds held in the loaned portion of the Guaranteed Interest
Account, Policy Value is greater than it would have been had no loan been made.
A Policy loan, whether or not repaid, also has an effect on the Policy's Death
Benefit due to any resulting differences in Cash Surrender Value.
Lapse
Unlike conventional life insurance policies, the payment of the Issue Premium,
no matter how large, or the payment of additional premiums will not necessarily
continue the Policy In Force to its Maturity Date. Policy Value must remain
positive to avoid lapse. Beginning in the third Policy Year, the Cash Surrender
Value must also be positive to avoid lapse. However, until the Cash Surrender
Value becomes positive for the first time, the Policy will not lapse as long as
all premiums planned at issue have been paid. Subject to the foregoing, lapse
will occur when the Cash Surrender Value is insufficient to cover the monthly
deduction, and a grace period expires without payment of the additional amount
required. If the Cash Surrender Value is insufficient to cover the monthly
deduction, the Policyowner must pay during the grace period the amount needed to
equal three times the required monthly deduction. See "Charges and Deductions."
If on any Monthly Calculation Day during the first two Policy Years, the
Policy Value is insufficient to cover the monthly deduction, a grace period of
61 days will be allowed for the payment of an amount equal to three times the
required monthly deduction. If on any Monthly Calculation Day during any
subsequent Policy Year, the Cash Surrender Value (which has become positive) is
less than the required monthly deduction, a grace period of 61 days will be
allowed for the payment of an amount equal to three times the required monthly
deduction. The Policy will continue In Force during any such grace period
although, Sub-account transfers, loans, partial or full surrenders will not be
permitted. Failure to pay the additional amount within the grace period will
result in lapse of the Policy, but not before 30 days have elapsed since Phoenix
Home Life mailed written notice to the Policyowner. If a premium payment for the
additional amount is received by Phoenix Home Life during the grace period, any
amount of premium over what is required to prevent lapse will be allocated among
the Sub-accounts of the VUL Account or to the Guaranteed Interest Account in
accordance with the then current premium allocation schedule. In determining the
amount of "excess" premium to be
15
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applied to the Sub-accounts or the Guaranteed Interest Account, Phoenix Home
Life will deduct the premium tax and the amount needed to cover any monthly
deductions made during the grace period. If the Insured dies during the grace
period, the death benefit will equal the amount of the death benefit immediately
prior to the commencement of the grace period.
Payment of Premiums During Period of Disability
A Policyholder may also elect a Waiver of Premium Rider. This rider provides
for the waiver of certain premium payments under the Policy under certain
conditions during a period of total disability of the Insured. Under its terms,
the specified premium will be waived upon Phoenix Home Life's receipt of proof
that the Insured is totally disabled and that the disability occurred while the
rider was In Force. The terms of this rider may vary by state.
Additional Insurance Options
While the Policy is In Force and the Policyowner is insurable, the Policyowner
will have the option to purchase additional insurance on the same Insured with
the same guaranteed rates as the Policy without being assessed an Issue Expense
Charge. Phoenix Home Life will require evidence of insurability and charges will
be adjusted for the Insured's new attained age and any change in risk
classification. However, if elected on the application, the Policyowners may, at
predetermined future dates, purchase additional insurance protection on the same
Insured without evidence of insurability (See "Purchase Protection Plan
Riders").
In addition, once each Policy Year, for Single Life Policies only, a
Policyowner may request an increase in face amount. This request should be made
within 90 days prior to the Policy Anniversary and is subject to an issue
expense charge of $1.50 per $1,000 of increase in face amount, up to a maximum
of $600, and to Phoenix Home Life's receipt of adequate evidence of
insurability. A Right to Cancel Period as described in "The Policy" section of
this Prospectus applies to each increase in face amount.
Additional Rider Benefits
A Policyowner may purchase additional benefits under a Policy. These benefits
are cancellable by the Policyowner at any time. A charge will be deducted
monthly from your Policy Value for each additional rider benefit you choose
except where noted below. More details will be included in the form of a rider
to your Policy if you choose any of these benefits. The following benefits are
currently available; however, additional riders may be available as described in
the Policy.
Single Life Policies:
(bullet) Disability Waiver of Specified Premium Rider
Phoenix Home Life waives the specified premium if the Insured becomes totally
disabled and the disability continues for at least six months. Premiums will
be waived to the Policy Anniversary nearest the Insured's 65th birthday
(provided that the disability continues), unless premiums have been waived
continuously during the entire five years prior to such date in which case the
waiver will continue beyond that date. The premium will be waived upon Phoenix
Home Life's receipt that the Insured is totally disabled and that the
disability occurred while the rider was In Force. The terms vary in New York.
(bullet) Accidental Death Benefit Rider
An additional death benefit will be paid if the Insured dies from bodily
injury that results from an accident if the Insured dies no later than 90 days
after injury; and before the Policy Anniversary nearest the Insured's 75th
birthday.
(bullet) Death Benefit Protection Rider
The purchase of this rider provides that the death benefit will be guaranteed.
The amount of the guaranteed death benefit is equal to the initial face
amount, or the face amount that may later be increased or decreased by the
Policyholder provided that certain minimum premiums are paid. Unless Phoenix
Home Life agrees otherwise, the initial face amount and the face amount
remaining after any decrease must at least equal $50,000 and the minimum issue
age of the Insured is 20. Three (3) death benefit guarantee periods are
available in all States except New York. The minimum premium required to
maintain the guaranteed death benefit is based on the length of the guarantee
period as elected on the application. The 3 available guarantee periods are:
Level: Expiry Date of Death Benefit
Guaranteed, the later of:
1 The Policy Anniversary nearest the
Insured's 70th birthday or the 7th
Policy Year
2 The Policy Anniversary nearest the
Insured's 80th birthday or the 10th
Policy Year
3 The Policy Anniversary nearest the
Insured's 95th birthday.
Level 1 or 2 guarantees may be extended provided that the Policy's Cash
Surrender Value is sufficient and the Policyowner pays the new Minimum Required
Premium.
For Policies issued in New York, two guarantee periods are available:
1 The Policy Anniversary nearest the Insured's 75th birthday or the 10th
Policy Year
2 The Policy Anniversary nearest the Insured's 95th birthday.
(bullet) Face Amount of Insurance Increase Rider
Under the terms of this rider, any time after the first Policy Anniversary, a
Policyholder may request an increase in the face amount of insurance provided
under the Policy. Requests for face amount increases must be made in writing,
and Phoenix Home Life requires additional evidence of insurability. The
effective date of the increase will generally be the Policy Anniversary
following approval of the increase. The increase may not be less than $25,000
and no increase will be permitted after the Insured's age 75. The charge for
the increase is $1.50 per thousand of face
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amount increase requested subject to a maximum of $600. No additional monthly
administration charge will be assessed for face amount increases. Phoenix Home
Life will deduct any charges associated with the increase (the increases in
cost of insurance charges), from the Policy Value, whether or not the
Policyowner pays an additional premium in connection with the increase. The
surrender charge applicable to the Policy will also increase. At the time of
the increase, the Cash Surrender Value must be sufficient to pay the monthly
deduction on that date, or additional premiums will be required to be paid on
or before the effective date. Also, a new Right to Cancel period (see "The
Policy -- Right to Cancel Period") will be established for the amount of the
increase. For a discussion of possible implications of a material change in
the Policy resulting from the increase, see "Material Change Rules." There is
no charge for this rider.
(bullet) Whole Life Exchange Option Rider
This rider permits the Policyowner to exchange his Policy for a fixed-benefit
whole life policy at the later of age 65 or Policy Year 15. There is no charge
for this rider.
(bullet) Purchase Protection Plan Rider
Under this rider a Policyowner may, at pre-determined future dates, purchase
additional insurance protection without evidence of insurability.
(bullet) Living Benefits Rider
Under certain conditions, in the event of the terminal illness of the Insured,
an accelerated payment of up to 75% of the Policy's death benefit (up to a
maximum of $250,000) is available. The minimum face amount of the Policy after
any such accelerated benefit payment is $10,000. There is no charge for this
rider.
(bullet) Cash Value Accumulation Rider
This rider generally permits a Policyowner to pay more in premium than would
otherwise be permitted. This rider must be elected before the Policy is
issued. There is no charge for this rider.
Multiple Life Policies:
(bullet) Disability Benefit Rider
In the case of disability of the Insured, a specified monthly amount may be
credited to the Policy and the monthly deductions will be waived. A Disability
Benefit Rider may be provided on any or all eligible Insureds. The specified
amount selected must be the same for all who elect coverage.
(bullet) Survivor Purchase Option Rider
The survivor(s) may purchase a new Multiple Life Policy for a face amount
equal to that of the original Policy upon the first death. The new Policy will
be based upon attained age rates.
(bullet) Term Insurance Rider
The Term Insurance Rider enables the face amount of coverage on each life to
be individually specified. A rider is available for each Insured and the face
amount of coverage under the rider may differ for each Insured. Based upon the
Policyowner's election at issue, the rider will provide coverage for all
Insureds to either age 70 or maturity of the Policy. The termination age
specified must be the same for all Insureds.
(bullet) Policy Exchange Option Rider
The Multiple Life Policy may be exchanged for Single Life Policies where the
total face amount under the Policies is no greater than that under the
original Policy.
There is no charge for this rider.
INVESTMENTS OF THE VUL ACCOUNT
Participating Mutual Funds
THE PHOENIX EDGE SERIES FUND
Certain Sub-accounts of the VUL Account invest in corresponding Series of The
Phoenix Edge Series Fund. The fund currently has the following Series available
through the Policies:
Money Market Series: The investment objective of the Money Market Series is to
provide maximum current income consistent with capital preservation and
liquidity.
Growth Series: The investment objective of the Growth Series is to achieve
intermediate and long-term growth of capital, with income as a secondary
consideration.
Bond Series: The investment objective of the Bond Series is to seek long-term
total return by investing in a diversified portfolio of high yield (high risk)
and high quality fixed income securities. For a discussion of the risks
associated with investing in high yield bonds, please see the accompanying Fund
prospectus.
Total Return Series: The investment objective of the Total Return Series is to
realize as high a level of total rate of return over an extended period of time
as is considered consistent with prudent investment risk (total rate of return
consists of capital appreciation, current income, including dividends and
interest, possible premiums and short-term gains from purchasing and selling
options and financial futures).
International Series: The investment objective of the International Series is
to seek a high total return consistent with reasonable risk. The International
Series intends to invest primarily in an internationally diversified portfolio
of equity securities. It intends to reduce its risk by engaging in hedging
transactions involving options, futures contracts and foreign currency
transactions. The International Series provides a means for investors to invest
a portion of their assets outside the United States.
Balanced Series: The investment objective of the Balanced Series is to seek
reasonable income, long-term capital growth and conservation of capital. The
Balanced Series intends to invest based on combined considerations of risk,
income, capital enhancement and protection of capital value.
Real Estate Series: The investment objective of the Real Estate Securities
Series is to seek capital appreciation and
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income with approximately equal emphasis. It intends under normal circumstances
to invest in marketable securities of publicly traded real estate investment
trusts (REITs) and companies that operate, develop, manage and/or invest in
real estate located primarily in the United States.
Strategic Theme Series: The investment objective of the Strategic Theme Series
is to seek long-term appreciation of capital by identifying securities
benefiting from long-term trends present in the United States and abroad. The
Strategic Theme Series intends to invest primarily in common stocks believed to
have substantial potential for capital growth.
WANGER ADVISOR'S TRUST
Certain Sub-accounts of the VUL Account invest in corresponding Series of the
Wanger Advisors Trust. The available Series and their fundamental objectives are
as follows:
Wanger U.S. Small Cap ("U.S. Small Cap") Series: The investment objective of
the U.S. Small Cap Series is to provide long-term growth. The U.S. Small Cap
will invest primarily in securities of U.S. companies with total common stock
market capitalization of less than $1 billion.
Wanger International Small Cap ("International Small Cap") Series: The
investment objective of the International Small Cap Series is to provide
long-term growth. The International Small Cap will invest primarily in
securities of non-U.S. companies with total common stock market capitalization
of less than $1 billion.
Each Series will be subject to the market fluctuations and risks inherent in
the ownership of any security and there can be no assurance that any Series'
stated investment objective will be realized.
In addition to being sold to the VUL Account, shares of the Funds are also
sold to the Phoenix Home Life Variable Accumulation Account, a separate account
utilized by Phoenix Home Life to receive and invest premiums paid under certain
variable annuity contracts issued by Phoenix Home Life. Shares of the Fund may
also be sold to other separate accounts of Phoenix Home Life or its affiliates
or of other insurance companies.
It is conceivable that in the future it may be disadvantageous for variable
life insurance separate accounts and variable annuity separate accounts to
invest in the Fund simultaneously. Although neither Phoenix Home Life nor the
Fund currently foresees any such disadvantages either to variable life insurance
Policyowners or to variable annuity Contractowners, the Fund's Trustees intend
to monitor events in order to identify any material conflicts between variable
life insurance Policyowners and variable annuity Contractowners and to determine
what action, if any, should be taken in response thereto. Material conflicts
could result from, for example, (1) changes in state insurance laws, (2) changes
in Federal income tax laws, (3) changes in the investment management of any
portfolio of the Fund, or (4) differences in voting instructions between those
given by variable life insurance Policyowners and those given by variable
annuity Contract- owners. Phoenix Home Life will, at its own expense, remedy
such material conflict including, if necessary, segregating the assets
underlying the variable life insurance policies and the variable annuity
contracts and establishing a new registered investment company.
Investment Advisers to The Phoenix Edge Series Fund
The Phoenix Edge Series Fund's investment advisers are Phoenix Investment
Counsel, Inc. ("PIC") and Phoenix Realty Securities, Inc. ("PRS") (the
"Advisers"), both of which are located at One American Row, Hartford,
Connecticut 06115. PIC was originally organized in 1932 as John P. Chase, Inc.
In addition to the Fund, it also serves as investment adviser to the Phoenix
Series Fund, Phoenix Total Return Fund, Inc. and Phoenix Multi-Portfolio Fund
and as sub-adviser to American Skandia, Chubb America Fund, Inc., Sun America
Series Trust and JNL Series Trust.
PRS was formed in 1994 as an indirect subsidiary of Phoenix Home Life. In
addition to the Fund, it also serves as investment adviser to the Real Estate
Portfolio of the Phoenix Multi Portfolio Fund.
ABKB/LaSalle Securities Limited Partnership (ABKB), a subsidiary of LaSalle
Partners, serves as sub-adviser to the Real Estate Series. ABKB's principal
place of business is located at 100 East Pratt Street, Baltimore, Maryland
21202. ABKB has been a registered investment adviser since 1979.
All of the outstanding stock of PIC is owned by Phoenix Equity Planning
Corporation ("PEPCO"), an indirect subsidiary of Phoenix Home Life. PEPCO also
performs bookkeeping and pricing and administrative services for the Fund. PEPCO
is registered as a broker-dealer in fifty states. The executive offices of
Phoenix Home Life are located at One American Row, Hartford, Connecticut 06115
and the principal offices of PEPCO are located at 100 Bright Meadow Boulevard,
P.O. Box 2200, Enfield, Connecticut 06083-2200.
Investment Advisers to the Wanger Advisor's Trust
The investment advisor to the Wanger Advisors Trust is Wanger Asset
Management, L.P. Wanger's principal place of business is located at 227 West
Monroe Street, Suite 3000, Chicago, Illinois 60606.
The Advisers furnish continuously an investment program for each Series and
manage the investment and reinvestment of the assets of each Series subject at
all times to the authority and supervision of the Trustees. A more detailed
discussion of the Advisers and the Investment Advisory Agreements is contained
in the accompanying prospectus for the Fund.
Reinvestment and Redemption
All dividend distributions of the Fund are automatically reinvested in shares
of the Fund at their net asset value on the date of distribution; all capital
gains distributions of the Fund, if any, are likewise reinvested at the net
asset value on the record date. Phoenix Home Life redeems Fund shares at their
net asset value to the extent necessary to make payments under the Policy.
Substitution of Investments
Phoenix Home Life reserves the right, subject to compliance with the law as
currently applicable or subsequently changed, to make additions to, deletions
from, or substitutions for the investments held by the VUL Account. In the
future Phoenix Home Life may establish additional Sub-accounts within the VUL
Account,
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each of which will invest in shares of a designated portfolio of the
Fund with a specified investment objective. These portfolios will be established
if, and when, in the sole discretion of Phoenix Home Life, marketing needs and
investment conditions warrant, and will be made available under existing
Policies to the extent and on a basis to be determined by Phoenix Home Life.
If shares of any of the portfolios of the Fund should no longer be available
for investment, or if in the judgment of Phoenix Home Life's management further
investment in shares of any of the portfolios should become inappropriate in
view of the objectives of the Policy, then Phoenix Home Life may substitute
shares of another mutual fund for shares already purchased, or to be purchased
in the future, under the Policy. No substitution of mutual fund shares held by
the VUL Account may take place without prior approval of the Securities and
Exchange Commission and prior notice to the Policyowner. In the event of a
substitution, the Policyowner will be given the option of transferring the
Policy Value of the Sub-account in which the substitution is to occur to another
Sub-account.
Performance History
From time to time the VUL Account may include the performance history of any
or all Sub-accounts, in advertisements, sales literature or reports. Performance
information about each Sub-account is based on past performance only and is not
an indication of future performance. Performance information may be expressed as
yield and effective yield of the Money Market Sub-account, as yield of the Bond
Sub-account and as total return of any Sub-account. Current yield for the Money
Market Sub-account will be based on the income earned by the Sub-account over a
given 7-day period (less a hypothetical charge reflecting deductions for
expenses taken during the period) and then annualized, i.e., the income earned
in the period is assumed to be earned every seven days over a 52-week period and
is stated in terms of an annual percentage return on the investment. Effective
yield is calculated similarly but reflects the compounding effect of earnings on
reinvested dividends. Yield and effective yield reflect the recurring charges on
the Account level including the monthly administrative charge.
Yield calculations of the Money Market Sub-account used for illustration
purposes are based on the consideration of a hypothetical participant's account
having a balance of exactly one Unit at the beginning of a seven day period,
which period will end on the date of the most recent financial statements. The
yield for the Sub-account during this seven day period will be the change in the
value of the hypothetical participant's account's original Unit. The following
is an example of this yield calculation for the Money Market Sub-account based
on a seven day period ending December 31, 1995.
Example:
Assumptions:
Value of hypothetical pre-existing account
with exactly one unit at the
beginning of the period:...................... *
Value of the same account (excluding capital
changes) at the end of the seven day period: *
Calculation:
Ending account value ......................... *
Less beginning account value ................. *
Net change in account value .................. *
Base period return:
(adjusted change/beginning account value) .... *
Current yield = return x (365/7)= ........... *
Effective yield = [( 1 + return)365/7] - 1 = *
*[To be filed by Amendment]
The current yield and effective yield information will fluctuate, and
publication of yield information may not provide a basis for comparison with
bank deposits, other investments which are insured and/or pay a fixed yield for
a stated period of time, or other investment companies, due to charges which
will be deducted on the Account level.
For the Bond Sub-account, quotations of yield will be based on all investment
income per unit earned during a given 30-day period (including dividends and
interest), less expenses accrued during the period ("net investment income"),
and are computed by dividing net investment income by the maximum offering price
per unit on the last day of the period.
When a Sub-account advertises its total return, it will usually be calculated
for one year, five years, and ten years or since inception if the Sub-account
has not been in existence for at least ten years. Total return is measured by
comparing the value of a hypothetical $10,000 investment in the Sub-account at
the beginning of the relevant period to the value of the investment at the end
of the period, assuming the reinvestment of all distributions at net asset
value and the deduction of applicable Policy charges except for the cost of
insurance and any surrender charges and premium taxes (which vary by Insured and
state).
For those Sub-accounts within the VUL Account that have not been available for
one of the quoted periods, the standardized average annual total return
quotations will show the investment performance such Sub-account would have
achieved (reduced by the applicable charges) had it been available to invest in
shares of the Fund for the period quoted.
Below are quotations of standardized average annual total return of Series of
the Phoenix Edge Series Fund. Policy charges are not reflected.
Average Annual Total Return
For the period Ended 12/31/94
Series Commencement
Date 1 Year 5 Years 10 Years Life of Fund
- -------- -------- ------ ------- -------- ------------
Bond ........ 01/01/83
Balanced .... 05/01/92 [To be filed by Amendment]
Total
Return ..... 09/17/84
Growth ...... 01/01/83
International 05/01/90
Real
Estate ..... 05/01/95
Annual Total Returns
Total
Year Bond Balanced Return Growth International
- --------- ----- ------ ------ ----- ------------
1983...... 5.1% N/A N/A 31.7% N/A
1984...... 10.3% N/A -1.4% 9.7% N/A
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Annual Total Returns
Total
Year Bond Balanced Return Growth International
- -------- ---- ------ ----- ------ -------------
1985...... 19.5% N/A 26.2% 33.7% N/A
1986...... 18.2% N/A 14.7% 19.4% N/A
1987...... 0.2% N/A 11.6% 6.0% N/A
1988...... 9.5% N/A 1.4% 3.0% N/A
1989...... 6.9% N/A 18.4% 34.4% N/A
1990...... 4.4% N/A 5.1% 3.2% -8.9%
1991...... 18.5% N/A 28.1% 41.5% 18.7%
1992...... 9.1% 8.8% 9.7% 9.3% -13.6%
1993...... 15.0% 7.8% 10.1% 18.8% 37.3%
1994...... -6.2% -3.6% -2.2% 0.7% -0.7%
1995...... [To be filed by Amendment]
Annual Total Returns
Real Wanger Wanger Strategic
Year Estate US Small Cap Int'l Small Cap Theme
- ------ ------- ------- ---------- -----
1983.... N/A N/A N/A N/A
1984.... N/A N/A N/A N/A
1985.... N/A N/A N/A N/A
1986.... N/A N/A N/A N/A
1987.... N/A N/A N/A N/A
1988.... N/A N/A N/A N/A
1989.... N/A N/A N/A N/A
1990.... N/A N/A N/A N/A
1991.... N/A N/A N/A N/A
1992.... N/A N/A N/A N/A
1993.... N/A N/A N/A N/A
1994.... N/A N/A N/A N/A
1995.... [To be filed by Amendment] N/A
THESE RATES OF RETURN ARE NOT AN ESTIMATE OR GUARANTEE OF FUTURE PERFORMANCE.
THEY DO NOT ILLUSTRATE HOW ACTUAL PERFORMANCE WILL AFFECT THE BENEFITS UNDER A
POLICY; FOR THIS INFORMATION SEE APPENDIX B "ILLUSTRATIONS OF DEATH BENEFITS,
POLICY VALUES AND CASH SURRENDER VALUES."
The Fund's Annual Report, available upon request and without charge, contains
a discussion of the performance of the Fund and a comparison of that performance
to a securities market index.
CHARGES AND DEDUCTIONS
Charges are deducted in connection with the Policy to compensate Phoenix Home
Life for: (1) incurring expenses in distributing the Policy; (2) issuing the
Policy; (3) premium and Federal Taxes incurred on premiums received; (4)
providing the insurance benefits set forth in the Policy; and (5) assuming
certain risks in connection with the Policy. The nature and amount of these
charges are described more fully below.
1. Monthly Deduction
A charge is deducted monthly from the Policy Value under a Policy ("monthly
deduction") to pay: the cost of insurance provided under the Policy, the cost of
any rider benefits provided, any unpaid balance of the issue expense charge, and
an administrative charge. This administrative charge is currently set at $5.00
per month but it is guaranteed not to exceed $10.00 per month. The monthly
deduction is deducted on each Monthly Calculation Day. It is allocated among the
Sub-accounts of the VUL Account and the unloaned portion of the Guaranteed
Interest Account based on the allocation schedule for monthly deductions
specified by the applicant in the application for a Policy or as later changed
by the Policyowner. In the event that the Policy's share in the value of the
Sub-accounts or the unloaned portion of the Guaranteed Interest Account is
insufficient to permit the withdrawal of the full monthly deduction, the
remainder will be taken on a proportionate basis from the Policy's share of each
of the other Sub-accounts and the unloaned portion of the Guaranteed Interest
Account. The number of units deducted will be determined by dividing the portion
of the monthly deduction allocated to each Sub-account or to the unloaned
portion of the Guaranteed Interest Account by the unit value on the Monthly
Calculation Day. Because portions of the monthly deduction, such as the cost of
insurance, can vary from month to month, the monthly deduction itself may vary
in amount from month to month.
(a) Issue Expense Charge. A cost-based issue administration charge is assessed
on a pro rata basis in equal monthly installments over a 12 month period
to compensate Phoenix Home Life for underwriting and start-up expenses in
connection with issuing a Policy. For Multiple Life Policies, the issue
administrative charge is $150. For Single Life Policies, the issue
administrative charge is $1.50 per $1,000 of face amount, up to a maximum
charge of $600. Phoenix Home Life may reduce or eliminate the Issue
Expense Charge for Policies issued under group or sponsored arrangements.
Generally, administrative costs per Policy vary with the size of the group
or sponsored arrangement, its stability as indicated by its term of
existence and certain characteristics of its members, the purposes for
which the Policies are purchased and other factors. The amounts of any
reductions will be considered on a case-by-case basis and will reflect the
reduced administration costs expected as a result of sales to a particular
group or sponsored arrangement.
(b) Cost of Insurance. In order to calculate the cost of insurance charge,
Phoenix Home Life multiplies the applicable cost of insurance rate by the
difference between the death benefit selected (death benefit Option 1 if
no selection is made) and the Policy Value. Generally, cost of insurance
rates are based on the sex, attained age and risk class of the Insured.
However, in certain states and for policies issued in conjunction with
certain qualified plans, cost of insurance rates are not based on sex. The
actual monthly cost of insurance rates are based on Phoenix Home Life's
expectations of future experience. They will not, however, be greater than
the guaranteed cost of insurance rates set forth in the Policy. These
guaranteed maximum rates are equal to 100% of the 1980 Commissioner's
Standard Ordinary ("CSO") Mortality Table, with appropriate adjustment for
the Insured's risk classification. Any change in the cost of insurance
rates will apply to all persons of the same sex, insurance age and risk
class whose
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Policies have been In Force for the same length of time. The
risk class of an Insured may affect the cost of insurance rate. Phoenix
Home Life currently places Insureds into a preferred or standard risk
class or a risk class involving a higher mortality risk, depending upon
the health of the Insured as determined by medical information that
Phoenix Home Life requests. In an otherwise identical Policy, Insureds in
the preferred or standard risk class will have a lower cost of insurance
than those in the risk class with the higher mortality risk. The standard
risk class is also divided into categories: smokers, nonsmokers and those
who have never smoked. Non-smokers will generally incur a lower cost of
insurance than similarly situated Insureds who smoke. A blended cost of
insurance rate is applied under Multiple Life Policies.
2. Premium Taxes
Various states and subdivisions impose a tax on premiums received by
insurance companies. Premium taxes vary from state to state. Currently, the
taxes imposed by states on premiums range from 0.75% to 4% of premiums paid.
Moreover, certain municipalities in Louisiana, Kentucky and South Carolina also
impose taxes on premiums paid, in addition to the state taxes imposed. The
premium tax charge represents an amount Phoenix Home Life considers necessary to
pay all premium taxes imposed by such states and any subdivisions thereof, and
Phoenix Home Life does not expect to derive a profit from this charge. These
taxes are deducted from the Issue Premium, and from each subsequent premium
payment.
3. Federal Tax Charge
On Single Life Policies, a charge equal to 1.50% of each premium will be
deducted from each premium payment to cover the estimated cost to Phoenix Home
Life of the Federal Income Tax treatment of deferred acquisition costs. The SEC
maximum sales load has been reduced to reflect this charge.
4. Mortality and Expense Risk Charge
Phoenix Home Life will deduct a daily charge from the VUL Account at an annual
rate of 0.80% of the average daily net assets of the VUL Account to compensate
for certain risks assumed in connection with the Policy. For Single Life
Policies, a reduced annual rate of .25% will apply after the 15th Policy Year.
This charge is not deducted from the Guaranteed Interest Account.
The mortality risk assumed by Phoenix Home Life is that Insureds may live for
a shorter time than projected because of inaccuracies in that projecting process
and, accordingly, that an aggregate amount of death benefits greater than that
projected will be payable. The expense risk assumed is that expenses incurred in
issuing the Policies may exceed the limits on administrative charges set in the
Policies. If the expenses do not increase to an amount in excess of the limits,
or if the mortality projecting process proves to be accurate, Phoenix Home Life
may profit from this charge. Phoenix Home Life also assumes risks with respect
to other contingencies including the incidence of Policy loans, which may cause
Phoenix Home Life to incur greater costs than anticipated when designing the
Policies. To the extent Phoenix Home Life profits from this charge, it may use
those profits for any proper purpose, including the payment of sales expenses or
any other expenses that may exceed income in a given year.
5. Investment Management Charge
As compensation for investment management services to the Funds, the Advisers
are entitled to fees, payable monthly and based on an annual percentage of the
average aggregate daily net asset values of each Series as summarized in the
following table:
Phoenix Investment Counsel, Inc.
--------------------------------
Rate for First Rate for Next Rate for Excess Over
Series $250,000,000 $250,000,000 $500,000,000
- ------ ------------ ------------ ------------
Money Market .40% .35% .30%
Bond .50% .45% .40%
Balanced .55% .50% .45%
Total Return .60% .55% .50%
Growth .70% .65% .60%
International .75% .70% .65%
Strategic
Theme .75% .70% .65%
Phoenix Realty Securities, Inc.
Rate for First Rate for Next Rate for Excess Over
Series $1,000,000,000 $1,000,000,000 $2,000,000,000
- ------ -------------- -------------- --------------
Real Estate .75% .70% .65%
Wanger Asset Management, L.P.
Rate for First Rate for Next Rate for Excess Over
Series $1,000,000,000 $1,000,000,000 $2,000,000,000
- ------ -------------- -------------- --------------
U.S. Small .98% .95% .90%
Cap
International 1.27% 1.20% 1.10%
Small Cap
In addition, each Series pays a portion or all of its other operating expenses
other than the management fees; the Growth, Bond, Total Return, Money Market and
Balance Series will pay up to .15%; the Real Estate and Strategic Theme Series
will pay up to .25%; the International Series will pay up to .40%; the Wanger
U.S. Small Cap Series will pay up to .17%; and the Wanger International Small
Cap Series will pay up to .27% of its total net assets. See "Charges and
Deductions."
6. Other Charges
Surrender Charge
During the first ten years, there is a difference between the amount of Policy
Value and the amount of Cash Surrender Value of the Policy. This difference is
the surrender charge, consisting of a contingent deferred sales charge designed
to recover expenses for the distribution of Policies that are terminated by
surrender
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before distribution expenses have been recouped, and a contingent
deferred issue charge designed to recover expenses for the administration of
Policies that are terminated by surrender before administrative expenses have
been recouped. These are contingent charges because they are paid only if the
Policy is surrendered (or the Face Amount is reduced or the Policy lapses)
during this period. They are deferred charges because they are not deducted from
premiums. The contingent deferred issue charge is set at a level designed to
recover actual costs and is not designed to result in any profit to Phoenix Home
Life.
During the first ten Policy years, the full Surrender Charge as described
below will apply if the Policyowner either surrenders the Policy for its Cash
Surrender Value or lets the Policy lapse. The applicable Surrender Charge in any
Policy Month is the full Surrender Charge minus any surrender charges that have
been previously paid. There is no Surrender Charge after the 10th Policy Year.
During the first two Policy Years, on Single Life Policies and during the first
ten Policy Years on Multiple Life Policies, the maximum Surrender Charge that a
Policyowner could pay while he or she owns the Policy is equal to either A plus
B (as defined below) or the amount shown in the Policies Surrender Charge
Schedule, whichever is less. After the first two Policy Years on Single Life
Policies, the maximum Surrender Charge that a Policyowner could pay is based on
the amount shown in the Policy's Surrender Charge Schedule.
A (the contingent deferred sales charge) is equal to:
1) 30% of all premiums paid (up to and including the amount stated in the
Policy's Surrender Charge Schedule, which is calculated according to a
formula contained in a Securities and Exchange Commission rule); plus
2) 10% of all premiums paid in excess of this amount but not greater than
twice this amount; plus
3) 9% of all premiums paid in excess of twice this amount.
B (the contingent deferred issue charge) is equal to:
$5.00 per $1,000 of initial Face Amount.
As an example, the following illustrates the maximum Surrender Charge on a
$100,000 Single Life Policy for a male age 35 who has never smoked, who has paid
$3,000 in premium payments, and who surrenders the Policy in the 70th Policy
Month. The Policy's Surrender Charge Schedule would show that the maximum
Surrender Charge to be paid would be equal to either A plus B (shown below) or
the amount shown in the chart in the Policy (also shown below), whichever is
less:
Example: If this policyowner surrenders his policy in the 70th policy month
his surcharge will be $1,186.78, as given in the table.
Example: If this policyowner surrenders his policy in the first two years he
may be eligible to receive a refund of a portion of the surrender charge,
depending on the amount of premium paid, or in other words his surrender charge
may be reduced. The surrender charge in the first 2 years would be equal to the
lesser of the amount in the surrender charge table and the sum of the following:
1) 28.5% of premiums paid up to $1,076.72, plus
2) 8.5% of premiums paid in excess of $1,076.72 but not greater than
$2,153.43, plus
3) 7.5% of premiums paid in excess of $2,153.43, plus $500
If this policyowner surrendered his policy in the 2nd year after paying $2,000
of premiums his surrender charge would be the lesser of $1,307.54 from the
table, and $385.34, thus equaling $385.34. Thus, in this case, the policyowner
would pay less surrender charge if he surrenders his policy in the first 2
policy years.
SURRENDER CHARGE TABLE
Policy Surrender Policy Surrender Policy Surrender
Month Charge Month Charge Month Charge
- ------ ------ ------ ------- ------- ------
1-60 1307.54 80 1066.03 100 727.09
61 1295.46 81 1053.95 101 690.65
62 1283.39 82 1041.88 102 654.22
63 1271.31 83 1029.80 103 617.78
64 1259.24 84 1017.73 104 581.35
65 1247.16 85 1005.65 105 544.91
66 1235.08 86 993.58 106 508.48
67 1223.01 87 981.50 107 472.05
68 1210.93 88 969.43 108 435.61
69 1198.86 89 957.35 109 399.18
70 1186.78 90 945.28 110 362.74
71 1174.71 91 933.20 111 326.31
72 1162.63 92 921.13 112 289.97
73 1150.56 93 909.05 113 253.44
74 1138.48 94 896.97 114 217.01
75 1126.41 95 884.90 115 180.57
76 1114.33 96 872.82 116 144.14
77 1102.26 97 836.39 117 107.70
78 1090.18 98 799.95 118 71.27
79 1078.10 99 763.52 119 34.83
120 .00
Phoenix Home Life may reduce the Surrender Charge for Policies issued under
group or sponsored arrangements. The amount of reduction will be considered on a
case-by-case basis and will reflect the reduced costs to Phoenix Home Life
expected as a result of sales to a particular group or sponsored arrangement.
Partial Surrender Fee
A fee equal to the lesser of $25 or 2% of the amount withdrawn from the Policy
is deducted from the Policy Value upon a partial surrender of the Policy to
recover the actual costs of processing the partial surrender request. The
assessment to each Sub-account or to the Guaranteed Interest Account will be
made in the same manner as provided for the partial surrender amount paid. That
is, that the Policy's share in the value of each Sub-account or the Guaranteed
Interest Account will be reduced based on the allocation made at the time of the
partial surrender.
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If no allocation request is made, the assessment to each Sub-account and to
the Guaranteed Interest Account will be made in the same manner as provided for
monthly deductions.
Partial Surrender Charge
A charge as described below is deducted from the Policy Value upon a partial
surrender of the Policy. The charge is equal to a pro-rata portion of the
applicable surrender charge that would apply to a full surrender, determined by
multiplying the applicable surrender charge by a fraction (equal to the partial
surrender amount payable divided by the result of subtracting the applicable
surrender charge from the Policy Value). This amount is assessed against the
Sub-accounts or the Guaranteed Interest Account in the same manner as provided
for with respect to the partial surrender amount paid.
A partial surrender charge is also deducted from Policy Value upon a decrease
in Face Amount. The charge is equal to the applicable surrender charge
multiplied by a fraction (equal to the decrease in Face Amount divided by the
Face Amount of the Policy prior to the decrease).
Taxes
Currently no charge is made to the VUL Account for Federal income taxes that
may be attributable to the VUL Account. Phoenix Home Life may, however, make
such a charge in the future. Charges for other taxes, if any, attributable to
the VUL Account may also be made. See "Charges and Deductions -- Other Charges."
GENERAL PROVISIONS
Postponement of Payments
General
Payment of any amount upon complete or partial surrender, Policy loan, or
benefits payable at death (in excess of the initial face amount) or maturity may
be postponed: (i) for up to six months from the date of the request, for any
transactions dependent upon the value of the GIA; (ii) whenever the New York
Stock Exchange is closed other than for customary weekend and holiday closings,
or trading on the New York Stock Exchange is restricted as determined by the
Securities and Exchange Commission; or (iii) whenever an emergency exists, as
determined by the Commission as a result of which disposal of securities is not
reasonably practicable or it is not reasonably practicable to determine the
value of the VUL Account's net assets. Transfers may also be postponed under
these circumstances.
Payment by Check
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 Policyowner's bank.
The Contract
The Policy and attached copy of the application are the entire contract. Only
statements in the application can be used to void the Policy. The statements are
considered representations and not warranties. Only an executive officer of
Phoenix Home Life can agree to change or waive any provisions of the Policy.
Suicide
If the Insured commits suicide within two years after the Policy's Date of
Issue, Phoenix Home Life will pay only the Policy Value adjusted by the addition
of any monthly deductions and other fees and charges made under the Policy and
the subtraction of any Debt owed to Phoenix Home Life under the Policy.
Incontestability
Phoenix Home Life cannot contest this Policy or any attached rider after it
has been In Force during the lifetime of the Insured for two years from the
Policy Date.
Change of Owner or Beneficiary
The Beneficiary, as named in the Policy application or subsequently changed,
will receive the Policy benefits at the Insured's death. If the named
Beneficiary dies before the Insured, the contingent Beneficiary, if named,
becomes the Beneficiary. If no Beneficiary survives the Policyowner, the
benefits payable at the Insured's death will be paid to the Policyowner's
estate.
As long as the Policy is In Force, the Policyowner and the Beneficiary may be
changed by Written Request, satisfactory to Phoenix Home Life. A change in
Beneficiary will take effect as of the date the notice is signed, whether or not
the Insured is living when the notice is received by Phoenix Home Life. Phoenix
Home Life will not, however, be liable for any payment made or action taken
before receipt of the notice.
Assignment
The Policy may be assigned. Phoenix Home Life will not be bound by the
assignment until a written copy has been received and will not be liable with
respect to any payment made prior to receipt. Phoenix Home Life assumes no
responsibility for determining whether an assignment is valid.
Misstatement of Age or Sex
If the age or sex of the Insured has been misstated, the death benefit will be
adjusted based on what the cost of insurance charge for the most recent monthly
deduction would have purchased based on the correct age and sex.
Surplus
Policyowners may share in divisible surplus of Phoenix Home Life to the extent
determined annually by the Phoenix Home Life Board of Directors. However, it is
not currently anticipated that the Board will authorize these payments since
Policyowners will be participating directly in investment results.
PAYMENT OF PROCEEDS
Surrender and Death Benefit Proceeds
Proceeds of full or partial surrenders and the death proceeds will usually be
paid in one lump sum within seven days after Phoenix Home Life receives the
request for surrender and due proof of death, unless another payment option has
been elected. Payment
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of the death proceeds, however, may be delayed if the claim for payment of the
death proceeds needs to be investigated; e.g., to ensure payment of the proper
amount to the proper payee. Any such delay will not be beyond that reasonably
necessary to investigate such claims consistent with insurance practices
customary in the life insurance industry. Under a Policy covering multiple
lives, the death proceeds will be paid upon the first death under the Policy. In
addition, under certain conditions, in the event of the terminal illness of the
Insured, an accelerated payment of up to 75% of the Policy's Death Benefit (up
to maximum of $250,000), is available under the Living Benefits Rider. The
minimum face amount remaining after any such accelerated benefit payment is
$10,000.
While the Insured is living, the Policyowner may elect a payment option for
payment of the death proceeds to the Beneficiary. The Policyowner may revoke or
change a prior election, unless such right has been waived. The Beneficiary may
make or change an election prior to payment of the death proceeds, unless the
Policyowner has made an election which does not permit such further election or
changes by the Beneficiary.
A written form satisfactory to Phoenix Home Life is required to elect, change,
or revoke a payment option.
The minimum amount of surrender or death proceeds that may be applied under
any income option is $1,000.
If the Policy is assigned as collateral security, Phoenix Home Life will pay
any amount due the assignee in one lump sum. Any remaining proceeds will remain
under the option elected.
Payment Options
All or part of the surrender or death proceeds of a Policy may be applied
under one or more of the following payment options or such other payment options
or alternative versions of the options listed as Phoenix Home Life may choose to
make available in the future.
Option 1 -- Lump sum.
Payment in one lump sum.
Option 2 -- Left to earn interest.
A payment of interest during the payee's lifetime on the amount payable as a
principal sum. Interest rates are guaranteed to be at least 3 percent per year.
Option 3 -- Payment for a specific period.
Equal income installments are paid for a specified period of years whether the
payee lives or dies. The first payment will be on the date of settlement. The
assumed interest rate on the unpaid balance is guaranteed not to be less than 3
percent per year.
Option 4 -- Life annuity with specified period certain.
Equal installments are paid until the later of: (A) The death of the payee;
(B) The end of the period certain. The first payment will be on the date of
settlement. The period certain must be chosen at the time this option is
elected. The periods certain that may be chosen are as follows: (A) Ten years;
(B) Twenty years; (C) Until the installments paid refund the amount applied
under this option; and if the payee is not living when the final payment falls
due, that payment will be limited to the amount which needs to be added to the
payments already made to equal the amount applied under this option. If, for the
age of the payee, a period certain is chosen that is shorter than another period
certain paying the same installment amount, Phoenix Home Life will deem the
longer period certain as having been elected. Any life annuity provided under
Option 4 is calculated using an interest rate guaranteed to be no less than
3 3/8% per year, except that any life annuity providing a period certain of 20
years or more is calculated using an interest rate guaranteed to be no less than
3 1/4% per year.
Option 5 -- Life annuity.
Equal installments are paid only during the lifetime of the payee. The first
payment will be on the date of settlement. Any life annuity as may be provided
under Option 5 is calculated using an interest rate guaranteed to be no less
than 3 1/2% per year.
Option 6 -- Payments of a specified amount.
Equal installments of a specified amount, out of the principal sum and
interest on that sum, are paid until the principal sum remaining is less than
the amount of the installment. When that happens, the principal sum remaining
with accrued interest will be paid as a final payment. The first payment will be
on the date of settlement. The payments will include interest on the principal
sum remaining at a rate guaranteed to at least equal 3 percent per year. This
interest will be credited at the end of each year. If the amount of interest
credited at the end of the year exceeds the income payments made in the last 12
months, that excess will be paid in one sum on the date credited.
Option 7 -- Joint survivorship annuity with 10-year period certain.
The first payment will be on the date of settlement. Equal income installments
are paid until the latest of: (A) The end of the 10-year period certain; (B) The
death of the Insured; (C) The death of the other named annuitant. The other
annuitant must be named at the time this option is elected and cannot later be
changed. The other annuitant must have an attained age of at least 40. Any joint
survivorship annuity as may be provided under this option is calculated using an
interest rate guaranteed to be no less than 3 3/8% per year.
For additional information concerning the above payment options, see the
Policy.
FEDERAL TAX CONSIDERATIONS
Introduction
The ultimate effect of Federal income taxes on values under the VUL Account
and on the economic benefit to the Policyowner or Beneficiary depends on Phoenix
Home Life's tax status and upon the tax status of the individual concerned. The
discussion contained herein is general in nature and is not intended as tax
advice. For complete information on Federal and state tax considerations, a
qualified tax adviser should be consulted. No attempt is made to consider any
estate and inheritance taxes, or any state, local or
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other tax laws. Because the discussion herein is based upon Phoenix Home
Life's understanding of Federal income tax laws as they are currently
interpreted, Phoenix Home Life cannot guarantee the tax status of any Policy. No
representation is made regarding the likelihood of continuation of current
Federal income tax laws, Treasury regulations, or of the current interpretations
by the Internal Revenue Service. Phoenix Home Life reserves the right to make
changes to the Policy in order to assure that it will continue to qualify as
life insurance for tax purposes.
Phoenix Home Life's Tax Status
Phoenix Home Life is taxed as a life insurance company under the Internal
Revenue Code of 1986, as amended (the "Code"). For Federal income tax purposes,
neither the VUL Account nor the Guaranteed Interest Account is a separate entity
from Phoenix Home Life and their operations form a part of Phoenix Home Life.
Investment income and realized capital gains on the assets of the VUL Account
are reinvested and taken into account in determining the Cash Value of the VUL
Account. Investment income of the VUL Account, including realized net capital
gains, is not taxed to Phoenix Home Life. Due to Phoenix Home Life's tax status
under current provisions of the Code, no charge will currently be made to the
VUL Account for Phoenix Home Life's Federal income taxes which may be
attributable to the VUL Account.
Phoenix Home Life will periodically review the question of a charge to the VUL
Account for Phoenix Home Life's income taxes. Phoenix Home Life reserves the
right to make a deduction for taxes should they be imposed with respect to such
items in the future. A future charge may be imposed if the Federal tax treatment
of Phoenix Home Life is determined to be other than what Phoenix Home Life
currently believes it to be, if changes are made affecting the tax treatment to
Phoenix Home Life of variable life insurance contracts, or if changes occur in
Phoenix Home Life's tax status. If imposed, such charge would be equal to the
Federal income taxes attributable to the investment results of the VUL Account.
Policy Proceeds
Death Benefit Proceeds. The Policy, whether or not it is a "modified endowment
contract" (see the discussion on modified endowment contracts below), should be
treated as meeting the definition of life insurance for Federal income tax
purposes, under Section 7702 of the Code. As such, the death benefit proceeds
thereunder should be excludable from the gross income of the Beneficiary under
Code Section 101(a)(1). Also, the Policyowner should not be deemed to be in
constructive receipt of the Cash Value, including increments thereon. See,
however, the sections below on possible taxation of amounts received under the
Policy, via full surrender, partial surrender or loan. In addition, a benefit
paid under a Living Benefit Rider may be taxable as income in the year of
receipt.
Code Section 7702 imposes certain conditions with respect to premiums received
under a Policy. Phoenix Home Life intends to monitor the premiums to assure
compliance with such conditions. However, in the event that the premium
limitation is exceeded during the year, Phoenix Home Life may return the excess
premium, with interest, to the Policyowner within 60 days after the end of the
Policy Year, and maintain the qualification of the Policy as life insurance for
Federal income tax purposes.
Full Surrender. Upon full surrender of a Policy for its Cash Value, the
excess, if any, of the Cash Value (unreduced by any outstanding indebtedness)
over the premiums paid will be treated as ordinary income for Federal income tax
purposes. The full surrender of a Policy which is a "modified endowment
contract" may result in the imposition of an additional 10 percent tax on any
income received.
Partial Surrender. If the Policy is a "modified endowment contract," partial
surrenders are fully taxable to the extent of income in the Policy and are
possibly subject to an additional 10 percent tax. See the discussion on
"modified endowment contracts" below. If the Policy is not a "modified endowment
contract," partial surrenders may still be taxable, as follows. Code Section
7702(f)(7) provides that where a reduction in death benefits occurs during the
first 15 years after a Policy is issued and there is a cash distribution
associated with that reduction, the Policyowner may be taxed on all or a part of
the amount distributed. A reduction in death benefits may result from a partial
surrender. After 15 years, the proceeds will not be subject to tax, except to
the extent such proceeds exceed the total amount of premiums paid but not
previously recovered. Phoenix Home Life suggests you consult with your tax
adviser in advance of a proposed decrease in death benefits or a partial
surrender as to the portion, if any, which would be subject to tax, and in
addition as to the impact such partial surrender might have under the new rules
affecting "modified endowment contracts." The benefit payment under the Living
Benefits Rider is not considered a partial surrender.
Loans. Phoenix Home Life believes that any loan received under a Policy will
be treated as indebtedness of the Policyowner. If the Policy is a "modified
endowment contract," loans are fully taxable to the extent of income in the
Policy and are possibly subject to an additional 10 percent tax. See the
discussion on "modified endowment contracts" below. If the Policy is not a
"modified endowment contract," Phoenix Home Life believes that no part of any
loan under a Policy will constitute income to the Policyowner.
The deductibility by the Policyowner of loan interest under a Policy may be
limited under Code Section 264, depending on the circumstances. Any Policyowner
intending to fund premium payments through borrowing should consult a tax
adviser with respect to the tax consequences thereof. Under the "personal"
interest limitation provisions of the Code, interest on Policy loans used for
personal purposes is not tax deductible. Other rules may apply to allow all or
part of the interest expense as a deduction if the loan proceeds are used for
"trade or business" or "investment" purposes. See your tax adviser for further
guidance.
If the Policy is owned by a business or a corporation, the Code may impose
additional restrictions. The Code limits the interest deduction on
business-owned Policy loans and may impose tax upon the inside build-up of
corporate-owned life insurance policies through the corporate alternative
minimum tax.
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Other Taxes
Federal estate tax, state and local estate, inheritance and other tax
consequences of ownership, or receipt of Policy proceeds depend on the
circumstances of each Policyowner or Beneficiary. Phoenix Home Life does not
make any representations or guarantees regarding the tax consequences of any
Policy with respect to these types of taxes.
Modified Endowment Contracts
General. Pursuant to Code section 72(e), loans and other amounts received
under "modified endowment contracts" will in general be taxed to the extent of
accumulated income (generally, the excess of Cash Value over premiums paid).
Policies are "modified endowment contracts" if they meet the definition of life
insurance, but fail the "7-pay test." This test essentially provides that the
cumulative premiums paid under the Policy at any time during the Policy's first
7 years cannot exceed the sum of the net level premiums that would have been
paid on or before that time had the Policy provided for paid-up future benefits
after the payment of 7 level annual premiums. In addition, a modified endowment
contract includes any life insurance contract that is received in exchange for a
modified endowment contract. Premiums paid during a Policy Year that are
returned by Phoenix Home Life (with interest) within 60 days after the end of
the Policy Year will not cause the Policy to fail the 7-pay test.
Reduction in Benefits During the First 7 Years. If there is a reduction in
benefits during the first 7 Policy Years, the premiums are redetermined for
purposes of the 7-pay test as if the Policy had originally been issued at the
reduced death benefit level and the new limitation is applied to the cumulative
amount paid for each of the first 7 Policy Years.
Distributions Affected. If a Policy fails to meet the 7-pay test, it is
considered a modified endowment contract only as to distributions in the year in
which the death benefit reduction takes effect and all subsequent Policy Years.
However, distributions made in anticipation of such failure (there is a
presumption that distributions made within two years prior to such failure were
"made in anticipation") also are considered distributions under a modified
endowment contract. If the Policy satisfies the "7-pay test" for 7 years,
distributions and loans will generally not be subject to the new tax rules.
Penalty Tax. Any amounts taxable under the modified endowment contract rule
will be subject to an additional 10 percent excise tax, with certain exceptions.
This additional tax will not apply in the case of distributions: (i) made on or
after the taxpayer attains age 59 1/2; (ii) which are attributable to the
taxpayer's disability (within the meaning of Code Section 72(m)(7)); or (iii)
which are part of a series of substantially equal periodic payments (not less
frequently than annually) made for the life (or life expectancy) of the taxpayer
or the joint lives (or life expectancies) of the taxpayer and his Beneficiary.
Material Change Rules. Any determination of whether the Policy meets the
"7-pay test" will begin again any time the Policy undergoes a "material change,"
which includes any increase in death benefits or any increase in or addition of
a qualified additional benefit, with the following two exceptions. First, if an
increase is attributable to premiums paid "necessary to fund" the lowest death
benefit and qualified additional benefits payable in the first 7 Policy Years or
to the crediting of interest or dividends with respect to these premiums, the
"increase" does not constitute a material change. Second, to the extent provided
in regulations, if the death benefit or qualified additional benefit increases
as a result of a cost-of-living adjustment based on an established broad-based
index specified in the Policy, this does not constitute a material change if (1)
the cost-of-living determination period does not exceed the remaining premium
payment period under the Policy, and (2) the cost-of-living increase is funded
ratably over the remaining premium payment period of the Policy. A reduction in
death benefits is not considered a material change unless accompanied by a
reduction in premium payments.
A material change may occur at any time during the life of the Policy (within
the first 7 years or thereafter), and future taxation of distributions or loans
would turn on whether the Policy satisfied the applicable "7-pay test" from the
time of the material change. An exchange of policies is considered to be a
material change for all purposes.
Serial Purchase of Modified Endowment Contracts. All modified endowment
contracts issued by the same insurer (or affiliated companies of the insurer) to
the same Policyowner within the same calendar year will be treated as one
modified endowment contract in determining the taxable portion of any loans or
distributions made to the Policyowner. The Treasury has been given specific
legislative authority to issue regulations to prevent the avoidance of the new
distribution rules for modified endowment contracts. A qualified tax adviser
should be consulted about the tax consequences of the purchase of more than one
modified endowment contract within any calendar year.
Limitations on Unreasonable Mortality and Expense Charges
The Code imposes limitations on unreasonable mortality and expense charges for
purposes of ensuring that a Policy qualifies as life insurance. The mortality
charges taken into account to calculate permissible premium levels may not
exceed those charges required to be used in determining the Federal income tax
reserve for the Policy, unless Treasury regulations prescribe a higher level of
charge. In addition, the expense charges taken into account under the guideline
premium test are required to be reasonable, as defined by the Treasury
regulations. Phoenix Home Life intends to comply with the limitations in
calculating the premium it is permitted to receive from the Policyowner.
Qualified Plans
A Policy may be used in conjunction with certain qualified plans. Such
policies are issued using unisex cost of insurance rates. Since the rules
governing such use are complex, a purchaser should not use the Policy in
conjunction with a qualified plan until he has consulted a competent pension
consultant or tax adviser.
26
<PAGE>
Diversification Standards
To comply with the diversification regulations under Code Section 817(h),
("Diversification Regulations") each Portfolio of the Fund is required to
diversify its investments. The Diversification Regulations generally require
that on the last day of each quarter of a calendar year no more than 55 percent
of the value of the Fund's assets is represented by any one investment, no more
than 70 percent is represented by any two investments, no more than 80 percent
is represented by any three investments, and no more than 90 percent is
represented by any four investments. A "look-through" rule applies to treat a
pro-rata portion of each asset of the Fund as an asset of the VUL Account;
therefore, each Series of the Fund will be tested for compliance with the
percentage limitations. For purposes of these diversification rules, all
securities of the same issuer are treated as a single investment, but each
United States Government agency or instrumentality is treated as a separate
issuer.
The general diversification requirements are modified if any of the assets of
the VUL Account are direct obligations of the United States Treasury. In this
case, there is no limit on the investment that may be made in United States
Treasury securities, and for purposes of determining whether assets other than
United States Treasury securities are adequately diversified, the generally
applicable percentage limitations are increased based on the value of the VUL
Account's investment in United States Treasury securities. Notwithstanding this
modification of the general diversification requirements, the portfolios of the
Fund will be structured to comply with the general diversification standards
because they serve as an investment vehicle for certain variable annuity
contracts which must comply with these standards.
In connection with the issuance of the Diversification Regulations, the
Treasury announced that such regulations do not provide guidance concerning the
extent to which policyowners may direct their investments to particular
divisions of a separate account. It is possible that a revenue ruling or other
form of administrative pronouncement in this regard may be issued in the near
future. It is not clear, at this time, what such a revenue ruling or other
pronouncement will provide. It is possible that the Policy may need to be
modified to comply with such future Treasury announcements. For these reasons,
Phoenix Home Life reserves the right to modify the Policy, as necessary, to
prevent the Policyowner from being considered the owner of the assets of the VUL
Account.
Phoenix Home Life intends to comply with the Diversification Regulations to
assure that the Policies continue to qualify as variable life insurance for
Federal income tax purposes.
Change of Ownership or Insured or Assignment
Changing the Policyowner or the Insured or an exchange or assignment of the
Policy may have tax consequences depending on the circumstances. Code Section
1035 provides that a life insurance contract can be exchanged for another life
insurance contract, without recognition of gain or loss, assuming that no money
or other property is received in the exchange, and that the policies relate to
the same Insured. If the surrendered policy is subject to a policy loan, this
may be treated as the receipt of money on the exchange. Phoenix Home Life
recommends that any person contemplating such changes, exchanges, or assignment
seek the advice of a qualified tax consultant.
VOTING RIGHTS
The Fund
Phoenix Home Life will vote the Fund shares held by the Sub-accounts of the
VUL Account at any regular and special meetings of shareholders of the Fund, a
Massachusetts business trust. To the extent required by law, such voting will be
in accordance with instructions received from the Policyowner. However, if the
Investment Company Act of 1940 or any regulation thereunder should be amended or
if the present interpretation thereof should change, and as a result Phoenix
Home Life determines that it is permitted to vote the Fund shares at its own
discretion, it may elect to do so.
The number of votes that a Policyowner has the right to cast will be
determined by applying the Policyowner's percentage interest in a Sub-account to
the total number of votes attributable to the Sub-account. In determining the
number of votes, fractional shares will be recognized.
Fund shares held in a Sub-account for which no timely instructions are
received, and Fund shares which are not otherwise attributable to Policyowners,
will be voted by Phoenix Home Life in proportion to the voting instructions that
are received with respect to all Policies participating in that Sub-account.
Voting instructions to abstain on any item to be voted upon will be applied to
reduce the votes eligible to be cast by Phoenix Home Life.
Each Policyowner will receive proxy materials, reports, and other materials
relating to the Fund.
Phoenix Home Life may, when required by state insurance regulatory
authorities, disregard voting instructions if the instructions require that the
shares be voted so as to cause a change in the sub-classification or investment
objective of one or more of the portfolios of the Fund or to approve or
disapprove an investment advisory contract for the Fund. In addition, Phoenix
Home Life itself may disregard voting instructions in favor of changes initiated
by a Policyowner in the investment policies or the Investment Adviser of the
Fund if Phoenix Home Life reasonably disapproves of such changes. A change would
be disapproved only if the proposed change is contrary to state law or
prohibited by state regulatory authorities or Phoenix Home Life determined that
the change would have an adverse effect on the General Account because the
proposed investment policy for a portfolio may result in overly speculative or
unsound investments. In the event Phoenix Home Life does disregard voting
instructions, a summary of that action and the reasons for such action will be
included in the next periodic report to Policyowners.
Phoenix Home Life
A Policyowner (or the payee entitled to payment under a payment option if a
different person) will have the right to vote at annual meetings of all Phoenix
Home Life Policyholders for the
27
<PAGE>
election of members of the Board of Directors of Phoenix Home Life and on
other corporate matters, if any, where a Policyholder's vote is taken. At
meetings of all of the Phoenix Home Life Policyholders, a Policyholder (or
payee) may cast only one vote as the holder of a Policy, irrespective of Policy
Value or the number of the Policies held.
THE DIRECTORS AND EXECUTIVE OFFICERS OF PHOENIX HOME LIFE
Phoenix Home Life is managed by its Board of Directors, the members of which
are elected by its Policyholders, including Owners of the Policies. See "Voting
Rights."
The following are the Directors and Executive Officers of Phoenix Home Life:
Directors Principal Occupation
- --------- --------------------
Sal H. Alfiero Chairman and Chief
Executive Officer, Mark
IV Industries, Inc.
Amherst, New York
J. Carter Bacot Chairman and Chief
Executive Officer, The
Bank of New York
New York, New York
Carol H. Baldi President, Carol H.
Baldi, Inc.
New York, New York
Peter C. Browning Executive Vice
President, Sonoco
Products Company
Hartsville, South
Carolina
Richard N. Cooper Chairman, National
Intelligence Council,
Central Intelligence
Agency McLean, Virginia
Gordon J. Davis, Partner, LeBoeuf, Lamb,
Esq. Greene & MacRae
New York, New York
Robert W. Chairman of the Board,
Fiondella President and Chief
Executive Officer,
Phoenix Home Life
Mutual Insurance Company
Hartford, Connecticut
Jerry J. President, National
Jasinowski Association of
Manufacturers
Washington, DC
John W. Johnstone Chairman, President and
Chief Executive Officer,
Olin Corporation
Norwalk, Connecticut
Marilyn E. General Partner, Lazard
LaMarche Freres & Company
New York, New York
Edward P. Lyons Former Vice-Chairman,
Olin Corporation
Norwalk, Connecticut
Directors Principal Occupation
- --------- --------------------
Philip R. Executive Vice
McLoughlin President and Chief
Investment Officer,
Phoenix Home Life
Mutual Insurance Company
Hartford, Connecticut
Charles J. Paydos Executive Vice
President, Phoenix Home
Life Mutual Insurance
Company
Hartford, Connecticut
Herbert Roth, Jr. Former Chairman, LFE
Corporation
Clinton, Massachusetts
Robert F. Vizza President and Chief
Executive Officer, St.
Francis Hospital
Roslyn, New York
Wilson Wilde Chairman, Executive
Committee, Hartford
Steam Boiler Inspection
and Insurance Company
Hartford, Connecticut
Robert G. Wilson Former General Partner,
Goldman Sachs
New York, New York
Executive
Officers Principal Occupation
- --------- ----------------------
Robert W. Chairman of the Board,
Fiondella President and Chief
Executive Officer
Richard H. Booth Executive Vice
President, Strategic
Development
Philip R. Executive Vice
McLoughlin President and Chief
Investment Officer
Charles J. Paydos Executive Vice President
David W. Searfoss Executive Vice
President and Chief
Financial Officer
Dona D. Young Executive Vice
President, Individual
Insurance and General
Counsel
Kelly J. Carlson Senior Vice President,
Career
Organization
Carl T. Chadburn Senior Vice President
Robert G. Chipkin Senior Vice President
and Corporate Actuary
Randall C. Senior Vice President,
Giangiulio Group Sales
Joan E. Herman Senior Vice President
Edward P. Senior Vice President,
Hourihan Information Systems
Joseph E. Senior Vice President
Kelleher
Gary J. Senior Vice President
Laughinghouse
Robert G. Senior Vice President
Lautensack, Jr.
28
<PAGE>
Executive Principal Occupation
Officers
- -------- --------------------
Scott C. Noble Senior Vice President,
Real Estate
Frederick W. Senior Vice President
Sawyer, III
Richard C. Shaw Senior Vice President,
International and
Corporate Development
Simon Y. Tan Senior Vice President,
Individual Market
Development
SAFEKEEPING OF THE VUL ACCOUNT'S ASSETS
The assets of the VUL Account are held by Phoenix Home Life. The assets of the
VUL Account are kept physically segregated and held separate and apart from the
general account of Phoenix Home Life. Phoenix Home Life maintains records of all
purchases and redemptions of shares of the Fund.
SALES OF POLICIES
Policies may be purchased from registered representatives of W.S. Griffith &
Co., Inc. ("W. S. Griffith") licensed to sell Phoenix Home Life insurance
policies. W. S. Griffith, an indirect subsidiary of Phoenix Home Life, is
registered as a broker-dealer with the Securities and Exchange Commission under
the Securities Exchange Act of 1934 and is a member of the National Association
of Securities Dealers, Inc. Policies may also be purchased from other
broker-dealers registered under the Securities Exchange Act of 1934 whose
representatives are authorized by applicable law to sell Policies under terms of
agreements provided by PEPCO. Sales commissions will be paid to registered
representatives on purchase payments received by Phoenix Home Life under these
Policies. Total sales commission of a maximum of 50 percent of premiums will be
made by Phoenix Home Life to PEPCO. To the extent that the sales charge under
the Policies is less than the sales commissions paid with respect to the
Policies, Phoenix Home Life will pay the shortfall from its general account
assets, which will include any profits it may derive under the Policies.
PEPCO will sponsor sales contests, training and educational meetings and
provide to all qualifying dealers, from its own profits and resources,
additional compensation in the form of trips, merchandise or expense
reimbursement. Brokers and dealers other than PEPCO may also make customary
additional charges for their services in effecting purchases, if they notify the
Fund of their intention to do so.
STATE REGULATION
Phoenix Home Life is subject to the provisions of the New York insurance laws
applicable to mutual life insurance companies and to regulation and supervision
by the New York Superintendent of Insurance. Phoenix Home Life is also subject
to the applicable insurance laws of all the other states and jurisdictions in
which it does an insurance business.
State regulation of Phoenix Home Life includes certain limitations on the
investments which it may make, including investments for the VUL Account and the
Guaranteed Interest Account. It does not include, however, any supervision over
the investment policies of the VUL Account.
REPORTS
All Policyowners will be furnished with those reports required by the
Investment Company Act of 1940 and regulations promulgated thereunder, or under
any other applicable law or regulation.
LEGAL PROCEEDINGS
The VUL Account is not engaged in any litigation. Phoenix Home Life is not
involved in any litigation that would have a material adverse effect on the
ability of Phoenix Home Life to meet its obligations under the Policies.
LEGAL MATTERS
The organization of Phoenix Home Life, its authority to issue variable life
insurance Policies, and the validity of the Policy have been passed upon by
Patricia O. McLaughlin, Counsel, Phoenix Home Life. Legal matters relating to
the Federal securities and income tax laws have been passed upon for Phoenix
Home Life by Jorden Burt Berenson & Johnson, LLP.
REGISTRATION STATEMENT
A Registration Statement has been filed with the Securities and Exchange
Commission, under the Securities Act of 1933 as amended, with respect to the
securities offered hereby. This Prospectus does not contain all the information
set forth in the Registration Statement and amendments thereto and exhibits
filed as a part thereof, to all of which reference is made for further
information concerning the VUL Account, Phoenix Home Life and the Policy.
Statements contained in this Prospectus as to the content 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 consolidated financial statements of Phoenix Home Life as contained herein
should be considered only as bearing upon Phoenix Home Life's ability to meet
its obligations under the Policy, and they should not be considered as bearing
on the investment performance of the VUL Account. No interim financial
statements of Phoenix Home Life are presented in this Prospectus because no such
financial statements have been prepared by Phoenix Home Life for any other
purpose as of the date of this Prospectus. The financial statements of the VUL
Account are for the Sub-accounts available as of the period ended December 31,
1995. No interim financial statements for the VUL Account are presented because
no such statements have been prepared for any other purpose as of the date of
this Prospectus.
29
<PAGE>
Phoenix Home Life Mutual
Insurance Company
Consolidated Financial Statements
December 31, 1995 and 1994
[To be filed by Amendment]
30
<PAGE>
Phoenix Home Life Variable
Universal Life Account
Financial Statements
December 31, 1995 and 1994
[To be filed by Amendment]
31
<PAGE>
APPENDIX A
THE GUARANTEED INTEREST ACCOUNT
Contributions to the Guaranteed Interest Account ("GIA") under the Policy and
transfers to the GIA become part of the general account of Phoenix Home Life
(the "General Account"), which supports insurance and annuity obligations.
Because of exemptive and exclusionary provisions, interest in the General
Account has not been registered under the Securities Act of 1933 ("1933 Act")
nor is the General Account registered as an investment company under the
Investment Company Act of 1940 ("1940 Act"). Accordingly, neither the General
Account nor any interest therein is specifically subject to the provisions of
the 1933 or 1940 Acts and the staff of the Securities and Exchange Commission
has not reviewed the disclosures in this Prospectus concerning the GIA.
Disclosures regarding the GIA and the General Account, however, may be subject
to certain generally applicable provisions of the federal securities laws
relating to the accuracy and completeness of statements made in prospectuses.
The General Account is made up of all of the general assets of Phoenix Home
Life other than those allocated to any separate account. Premium payments will
be allocated to the GIA and, therefore, the General Account, as elected by the
Policyowner at the time of purchase or as subsequently changed. Phoenix Home
Life will invest the assets of the General Account in assets chosen by it and
allowed by applicable law. Investment income from General Account assets is
allocated between Phoenix Home Life and the contracts participating in the
General Account, in accordance with the terms of such contracts.
Investment income from the General Account allocated to Phoenix Home Life
includes compensation for mortality and expense risks borne by it in connection
with General Account contracts.
The amount of investment income allocated to the Policies will vary from year
to year in the sole discretion of Phoenix Home Life. However, Phoenix Home Life
guarantees that it will credit interest at a rate of not less than 4% per year,
compounded annually, to amounts allocated to the unloaned portion of the GIA.
The loaned portion of the GIA will be credited interest at an effective annual
rate of 6%. Phoenix Home Life may credit interest at a rate in excess of 4% per
year; however, it is not obligated to credit any interest in excess of 4% per
year.
Twice each calendar month, Phoenix Home Life will set the excess interest
rate, if any, that will apply to amounts deposited to the GIA. That rate will
remain in effect for such deposits for an initial guarantee period of one full
year from the date of deposit. Upon expiration of the initial one-year guarantee
period (and each subsequent one-year guarantee period thereafter), the rate to
be applied to any deposits whose guaranteed period has just ended will be the
same rate as is applied to new deposits allocated at that time to the GIA. This
rate will likewise remain in effect for a guarantee period of one full year from
the date the new rate is applied.
Excess interest, if any, will be determined by Phoenix Home Life based on
information as to expected investment yields. Some of the factors that Phoenix
Home Life may consider in determining whether to credit interest to amounts
allocated to the GIA and the amount thereof, are general economic trends, rates
of return currently available and anticipated on investments, regulatory and tax
requirements and competitive factors. ANY INTEREST CREDITED TO AMOUNTS ALLOCATED
TO THE GIA IN EXCESS OF 4% PER YEAR WILL BE DETERMINED IN THE SOLE DISCRETION OF
PHOENIX HOME LIFE AND WITHOUT REGARD TO ANY SPECIFIC FORMULA. THE CONTRACT OWNER
ASSUMES THE RISK THAT INTEREST CREDITED TO GIA ALLOCATIONS MAY NOT EXCEED THE
MINIMUM GUARANTEE OF 4% FOR ANY GIVEN YEAR.
Phoenix Home Life is aware of no statutory limitations on the maximum amount
of interest it may credit, and the Board of Directors has set no limitations.
However, inherent in Phoenix Home Life's exercise of discretion in this regard
is the equitable allocation of distributable earnings and surplus among its
various policyholders and contract owners.
Excess interest, if any, will be credited on the GIA Policy Value. Phoenix
Home Life guarantees that, at any time, the GIA Policy Value will not be less
than the amount of premium payments allocated to the GIA, plus interest at the
rate of 4% per year, compounded annually, plus any additional interest which
Phoenix Home Life may, in its discretion, credit to the GIA, less the sum of all
annual administrative or surrender charges, any applicable premium taxes, and
less any amounts surrendered or loaned. If the Policyowner surrenders the
Policy, the amount available from the GIA will be reduced by any applicable
surrender charge and annual administration charge (see "Deductions and
Charges").
IN GENERAL, ONE TRANSFER PER CONTRACT YEAR IS ALLOWED FROM THE GUARANTEED
INTEREST ACCOUNT. THE AMOUNT WHICH CAN BE TRANSFERRED IS LIMITED TO THE GREATER
OF $1,000 OR 25% OF THE CONTRACT VALUE IN THE GUARANTEED INTEREST ACCOUNT AS OF
THE LAST CONTRACT ANNIVERSARY. UNDER THE SYSTEMATIC TRANSFER PROGRAM, TRANSFERS
OF APPROXIMATELY EQUAL AMOUNTS MAY BE MADE OVER A MINIMUM 18 MONTH PERIOD.
NON-SYSTEMATIC TRANSFERS FROM THE GUARANTEED INTEREST ACCOUNT WILL BE
EFFECTUATED ON THE DATE OF RECEIPT BY VARIABLE PRODUCTS OPERATIONS, UNLESS
OTHERWISE REQUESTED BY THE CONTRACT OWNER.
32
<PAGE>
APPENDIX B
Illustrations of Death Benefits, Policy Values ("Account Values"),
and Cash Surrender Values.
The tables on the following pages illustrate how a Policy's Death Benefits,
Account Values and Cash Surrender Value could vary over time assuming constant
hypothetical gross (after tax) annual investment returns of 0% and 12%. The
Policy benefits will differ from those shown in the tables if the annual
investment returns are not absolutely constant. That is, the figures will be
different if the returns averaged 0% or 12% over a period of years but went
above or below those figures in individual Policy Years. The Policy benefits
will also differ, depending on your premium allocations to each Sub-account of
the VUL Account, if the overall actual rates of return averaged 0% or 12%, but
went above or below those figures for the individual Sub-accounts. The tables
are for standard risk males and females who have never smoked. In states where
cost of insurance rates are not based on the insured's sex, the tables
designated "male" apply to all standard risk insureds who have never smoked.
Account Values and Cash Surrender Values may be lower for smokers or former
smokers or for risk classes involving higher mortality risk. Planned premium
payments are assumed to be paid at the beginning of each Policy Year. The
difference between the Policy Value and the Cash Surrender Value in the first
ten years is the Surrender Charge. For each age illustrated, tables are included
for death benefit Option 1 and Option 2. Tables are also included to reflect the
blended cost of insurance charge applied under multiple lives Policies.
The Death Benefit, Account Value, and Cash Surrender Value amounts reflect the
following current charges:
1. Issue Charge of $150.
2. Monthly Administrative Charge of $5.00 per month ($10 per month guaranteed
maximum).
3. Premium Tax Charge of 2.25% (will vary from state to state on Multiple Life
Policies).
4. A Federal Tax Charge of 1.5% (for Single Life Policies only).
5. Cost of Insurance Charge. For each age, the tables illustrate cost of
insurance at both the current rates and at the maximum rates guaranteed in
the Policies. (See "Charges and Deductions -- Cost of Insurance.")
6. Mortality and Expense Risk Charge, which is a daily charge equivalent to .80%
on an annual basis (or for Single Life Policies, .25% on an annual basis
after the 15th Policy Year), against the VUL Account for mortality and
expense risks. (See "Charges and Deductions -- Mortality and Expense Risk
Charge.")
These illustrations also assume an average investment advisory fee of .58% on an
annual basis, of the average daily net asset value of each of the Series of the
Fund. These illustrations also assume other ongoing average Fund expenses of
.18%. Management may decide to limit the amount of expense reimbursement in the
future. If expense reimbursement had not been in place for the fiscal year ended
December 31, 1994, total operating expenses for the Money Market Series, Growth
Series, Bond Series, Total Return Series, Balanced Series and International
Series would have been approximately 0.58%, 0.80%, 0.72%, 0.75%, 0.70% and 1.10%
respectively, of the average net assets of the Series. (See "Charges and
Deductions -- Investment Management Charge.")
Taking into account the Mortality and Expense Risk Charge and the investment
advisory fees and expenses, the gross annual investment return rates of 0% and
12% on the Fund's assets are equivalent to net annual investment return rates of
approximately - 1.55% and 10.35%, respectively. For individual illustrations,
interest rates ranging between 0% and 12% may be selected in place of the 12%
rate.
The hypothetical returns shown in the tables are without any tax charges that
may be attributable to the VUL Account in the future. If such Tax Charges are
imposed in the future, then in order to produce after tax returns equal to those
illustrated for 0% and 12%, a sufficiently higher amount in excess of the
hypothetical interest rates would have to be earned. (See "Charges and
Deductions -- Other Charges -- Taxes.")
The second column of each table shows the amount that would accumulate if an
amount equal to the premiums paid were invested to earn interest, after taxes,
at 5% compounded annually. These tables show that if a Policy is returned in its
very early years for payment of its Cash Surrender Value, that Cash Surrender
Value may be low in comparison to the amount of the premiums accumulated with
interest. Thus, the cost of owning a Policy for a relatively short time may be
high.
On request, we will furnish the Policyowner with a comparable illustration based
on the age and sex of the proposed insured person(s), standard risk assumptions
and the initial face amount and planned premium chosen.
33
<PAGE>
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY Page 1 of 1
Statutory Home Office: East Greenbush, New York
MALE 35 NEVERSMOKE FACE AMOUNT: $100,000
INITIAL ANNUAL PREMIUM: $1,000
THE FLEX EDGE SUCCESS -- A FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE
INSURANCE POLICY OPTION 1
<TABLE>
<CAPTION>
Assuming
--------------------------------------------------
Current Charges Guaranteed Charges
------------------------ ------------------------
Assumed Cash Cash
Annual Premium Account Surrender Death Account Surrender Death
Premium Accum. Value Value Benefit Value Value Benefit
Year Payments @ 5% @ 12.00% @ 12.00% @ 12.00% @ 0.0% @ 0.0% @ 0.0%
- ------ ------ ------ ------- ------- ------- ------ ------ -------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
1 1,000 1,050 667 0 100,000 514 0 100,000
2 1,000 2,153 1,555 593 100,000 1,161 199 100,000
3 1,000 3,310 2,525 1,339 100,000 1,789 602 100,000
4 1,000 4,526 3,586 2,279 100,000 2,396 1,089 100,000
5 1,000 5,802 4,745 3,438 100,000 2,982 1,675 100,000
5 5,000 5,802 4,745 3,438 100,000 2,982 1,675 100,000
6 1,000 7,142 6,012 4,850 100,000 3,546 2,384 100,000
7 1,000 8,549 7,396 6,379 100,000 4,085 3,068 100,000
8 1,000 10,027 8,911 8,038 100,000 4,600 3,728 100,000
9 1,000 11,578 10,566 10,131 100,000 5,089 4,654 100,000
10 1,000 13,207 12,380 12,380 100,000 5,552 5,552 100,000
10 10,000 13,207 12,380 12,380 100,000 5,552 5,552 100,000
11 1,000 14,917 14,372 14,372 100,000 5,986 5,986 100,000
12 1,000 16,713 16,562 16,562 100,000 6,389 6,389 100,000
13 1,000 18,599 18,972 18,972 100,000 6,761 6,761 100,000
14 1,000 20,579 21,626 21,626 100,000 7,100 7,100 100,000
15 1,000 22,657 24,549 24,549 100,000 7,403 7,403 100,000
15 15,000 22,657 24,549 24,549 100,000 7,403 7,403 100,000
16 1,000 24,840 27,927 27,927 100,000 7,713 7,713 100,000
17 1,000 27,132 31,674 31,674 100,000 7,981 7,981 100,000
18 1,000 29,539 35,830 35,830 100,000 8,202 8,202 100,000
19 1,000 32,066 40,445 40,445 100,000 8,369 8,369 100,000
20 1,000 34,719 45,570 45,570 100,000 8,476 8,476 100,000
20 20,000 34,719 45,570 45,570 100,000 8,476 8,476 100,000
@ 62 27,000 79,064 101,732 101,732 130,218 6,957 6,957 100,000
@ 65 30,000 94,836 141,251 141,251 172,327 4,459 4,459 100,000
</TABLE>
Based on 0% interest rate and guaranteed charges, the policy will lapse in year
34.
Death Benefit, Account Value, and Cash Surrender Value are based on
hypothetical gross interest rates shown, assume current and guaranteed charges
and no policy loans or withdrawals, and are calculated at the end of the Policy
Year. Assumed Premium Payments shown are assumed paid in full at the beginning
of the Policy Year. Payment of premiums shown other than in full at the
beginning of the Policy Year would reduce values and benefits below the
hypothetical illustrated amounts shown. Values shown reflect an effective annual
asset charge of 1.56% (includes mortality and expense risk charge of 0.8% for
fifteen years, then 0.25% and average fund operating expenses of 0.76%
applicable to the investment sub-accounts of the VUL Separate Account).
Hypothetical gross interest rates are presented for illustrative purposes only
to illustrate funds allocated entirely to the investment sub-accounts of the VUL
Separate Account and do not in any way represent actual results or suggest that
such results will be achieved in the future. Actual values will differ from
those shown whenever actual investment results differ from hypothetical gross
interest rates illustrated. A Guaranteed Interest Account providing interest at
a minimum guaranteed rate of 4% is also available under this product through the
General Account.
This illustration assumes a premium tax of 2.25%.
34
<PAGE>
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY Page 1 of 1
Statutory Home Office: East Greenbush, New York
FEMALE 35 NEVERSMOKE FACE AMOUNT: $100,000
INITIAL ANNUAL PREMIUM: $1,000
THE FLEX EDGE SUCCESS-- A FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE
INSURANCE POLICY OPTION 1
<TABLE>
<CAPTION>
Assuming
---------------------------------------------------------
Current Charges Guaranteed Charges
------------------------------ -------------------------
Assumed Cash Cash
Annual Premium Account Surrender Death Account Surrender Death
Premium Accum. Value Value Benefit Value Value Benefit
Year Payments @ 5% @ 12.00% @ 12.00% @ 12.00% @ 0.0% @0.0% @.0%
- ------ ------ ------ ------- ------- ------ ------- ------ -------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
1 1,000 1,050 696 0 100,000 535 0 100,000
2 1,000 2,153 1,615 686 100,000 1,203 274 100,000
3 1,000 3,310 2,619 1,465 100,000 1,850 697 100,000
4 1,000 4,526 3,718 2,523 100,000 2,478 1,282 100,000
5 1,000 5,802 4,920 3,725 100,000 3,083 1,887 100,000
5 5,000 5,802 4,920 3,725 100,000 3,083 1,887 100,000
6 1,000 7,142 6,234 5,170 100,000 3,665 2,601 100,000
7 1,000 8,549 7,671 6,739 100,000 4,223 3,290 100,000
8 1,000 10,027 9,244 8,443 100,000 4,756 3,955 100,000
9 1,000 11,578 10,967 10,567 100,000 5,265 4,866 100,000
10 1,000 13,207 12,858 12,858 100,000 5,751 5,751 100,000
10 10,000 13,207 12,858 12,858 100,000 5,751 5,751 100,000
11 1,000 14,917 14,940 14,940 100,000 6,213 6,213 100,000
12 1,000 16,713 17,235 17,235 100,000 6,651 6,651 100,000
13 1,000 18,599 19,765 19,765 100,000 7,063 7,063 100,000
14 1,000 20,579 22,554 22,554 100,000 7,448 7,448 100,000
15 1,000 22,657 25,633 25,633 100,000 7,806 7,806 100,000
15 15,000 22,657 25,633 25,633 100,000 7,806 7,806 100,000
16 1,000 24,840 53,866 53,866 100,000 8,179 8,179 100,000
17 1,000 27,132 60,581 60,581 100,000 8,522 8,522 100,000
18 1,000 29,539 68,059 68,059 100,000 8,832 8,832 100,000
19 1,000 32,066 76,386 76,386 105,413 9,103 9,103 100,000
20 1,000 34,719 85,624 85,624 114,737 9,334 9,334 100,000
20 20,000 34,719 85,624 85,624 114,737 9,334 9,334 100,000
@ 62 27,000 79,064 107,214 107,214 137,235 9,762 9,762 100,000
@ 65 30,000 94,836 149,125 149,125 181,933 8,995 8,995 100,000
</TABLE>
Based on 0% interest rate and guaranteed charges, the policy will lapse in year
39.
Death Benefit, Account Value, and Cash Surrender Value are based on
hypothetical gross interest rates shown, assume current and guaranteed charges
and no policy loans or withdrawals, and are calculated at the end of the Policy
Year. Assumed Premium Payments shown are assumed paid in full at the beginning
of the Policy Year. Payment of premiums shown other than in full at the
beginning of the Policy Year would reduce values and benefits below the
hypothetical illustrated amounts shown. Values shown reflect an effective annual
asset charge of 1.56% (includes mortality and expense risk charge of 0.8% for
fifteen years, then 0.25% and average fund operating expenses of 0.76%
applicable to the investment sub-accounts of the VUL Separate Account).
Hypothetical gross interest rates are presented for illustrative purposes only
to illustrate funds allocated entirely to the investment sub-accounts of the VUL
Separate Account and do not in any way represent actual results or suggest that
such results will be achieved in the future. Actual values will differ from
those shown whenever actual investment results differ from hypothetical gross
interest rates illustrated. A Guaranteed Interest Account providing interest at
a minimum guaranteed rate of 4% is also available under this product through the
General Account.
This illustration assumes a premium tax of 2.25%.
35
<PAGE>
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY Page 1 of 1
Statutory Home Office: East Greenbush, New York
MALE 35 NEVERSMOKE FACE AMOUNT: $100,000
INITIAL ANNUAL PREMIUM: $1,000
THE FLEX EDGE SUCCESS -- A FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE
INSURANCE POLICY OPTION 2
<TABLE>
<CAPTION>
Assuming
---------------------------------------------------------
Current Charges Guaranteed Charges
------------------------------ -------------------------
Assumed Cash Cash
Annual Premium Account Surrender Death Account Surrender Death
Premium Accum. Value Value Benefit Value Value Benefit
Year Payments @ 5% @ 12.00% @ 12.00% @ 12.00% @ 0.0% @ 0.0% @ 0.0%
- ------ ------ ------ ------- ------- ------ ------- ------ -------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
1 1,000 1,050 666 0 100,666 512 0 100,513
2 1,000 2,153 1,550 589 101,551 1,157 196 101,158
3 1,000 3,310 2,516 1,329 102,516 1,782 595 101,782
4 1,000 4,526 3,568 2,261 103,569 2,384 1,077 102,385
5 1,000 5,802 4,715 3,408 104,716 2,964 1,657 102,964
5 5,000 5,802 4,715 3,408 104,716 2,964 1,657 102,964
6 1,000 7,142 5,965 4,803 105,966 3,519 2,357 103,520
7 1,000 8,549 7,326 6,309 107,327 4,048 3,031 104,049
8 1,000 10,027 8,810 7,937 108,810 4,552 3,679 104,552
9 1,000 11,578 10,425 9,990 110,425 5,026 4,591 105,026
10 1,000 13,207 12,186 12,186 112,186 5,472 5,472 105,473
10 10,000 13,207 12,186 12,186 112,186 5,472 5,472 105,473
11 1,000 14,917 14,111 14,111 114,112 5,887 5,887 105,887
12 1,000 16,713 16,219 16,219 116,219 6,268 6,268 106,268
13 1,000 18,599 18,526 18,526 118,526 6,614 6,614 106,615
14 1,000 20,579 21,053 21,053 121,053 6,925 6,925 106,925
15 1,000 22,657 23,820 23,820 123,821 7,196 7,196 107,196
15 15,000 22,657 23,820 23,820 123,821 7,196 7,196 107,196
16 1,000 24,840 27,004 27,004 127,004 7,468 7,468 107,469
17 1,000 27,132 30,511 30,511 130,511 7,694 7,694 107,695
18 1,000 29,539 34,374 34,374 134,375 7,867 7,867 107,868
19 1,000 32,066 38,631 38,631 138,631 7,982 7,982 107,982
20 1,000 34,719 43,319 43,319 143,319 8,030 8,030 108,030
20 20,000 34,719 43,319 43,319 143,319 8,030 8,030 108,030
@ 62 27,000 79,064 92,590 92,590 192,591 5,927 5,927 105,928
@ 65 30,000 94,836 126,018 126,018 226,018 3,139 3,139 103,139
</TABLE>
Based on 0% interest rate and guaranteed charges, the policy will lapse in year
33.
Death Benefit, Account Value, and Cash Surrender Value are based on hypothetical
gross interest rates shown, assume current and guaranteed charges and no policy
loans or withdrawals, and are calculated at the end of the Policy Year. Assumed
Premium Payments shown are assumed paid in full at the beginning of the Policy
Year. Payment of premiums shown other than in full at the beginning of the
Policy Year would reduce values and benefits below the hypothetical illustrated
amounts shown. Values shown reflect an effective annual asset charge of 1.56%
(includes mortality and expense risk charge of 0.8% for fifteen years, then
0.25% and average fund operating expenses of 0.76% applicable to the investment
sub-accounts of the VUL Separate Account). Hypothetical gross interest rates are
presented for illustrative purposes only to illustrate funds allocated entirely
to the investment sub-accounts of the VUL Separate Account and do not in any way
represent actual results or suggest that such results will be achieved in the
future. Actual values will differ from those shown whenever actual investment
results differ from hypothetical gross interest rates illustrated. A Guaranteed
Interest Account providing interest at a minimum guaranteed rate of 4% is also
available under this product through the General Account.
This illustration assumes a premium tax of 2.25%.
36
<PAGE>
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY Page 1 of 1
Statutory Home Office: East Greenbush, New York
FEMALE 35 NEVERSMOKE FACE AMOUNT: $100,000
INITIAL ANNUAL PREMIUM:$1,000
<TABLE>
<CAPTION>
THE FLEX EDGE SUCCESS -- A FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE
INSURANCE POLICY OPTION 2
Assuming
---------------------------------------------------------
Current Charges Guaranteed Charges
------------------------------ -------------------------
Assumed Cash Cash
Annual Premium Account Surrender Death Account Surrender Death
Premium Accum. Value Value Benefit Value Value Benefit
Year Payments @ 5% @ 12.00% @ 12.00% @ 12.00% @ 0.0% @ 0.0% @0.0%
- ------ ------ ------ ------- ------- ------ ------- ------ -------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
1 1,000 1,050 695 0 100,695 534 0 100,535
2 1,000 2,153 1,611 682 101,611 1,200 271 101,200
3 1,000 3,310 2,611 1,457 102,611 1,844 690 101,845
4 1,000 4,526 3,702 2,507 103,703 2,467 1,271 102,467
5 1,000 5,802 4,893 3,698 104,894 3,066 1,870 103,066
5 5,000 5,802 4,893 3,698 104,894 3,066 1,870 103,066
6 1,000 7,142 6,192 5,129 106,193 3,640 2,577 103,641
7 1,000 8,549 7,608 6,676 107,609 4,189 3,256 104,189
8 1,000 10,027 9,153 8,352 109,153 4,710 3,909 104,711
9 1,000 11,578 10,840 10,440 110,840 5,206 4,806 105,207
10 1,000 13,207 12,683 12,683 112,684 5,676 5,676 105,677
10 10,000 13,207 12,683 12,683 112,684 5,676 5,676 105,677
11 1,000 14,917 14,706 14,706 114,707 6,120 6,120 106,121
12 1,000 16,713 16,927 16,927 116,927 6,538 6,538 106,538
13 1,000 18,599 19,365 19,365 119,366 6,927 6,927 106,927
14 1,000 20,579 22,044 22,044 122,044 7,286 7,286 107,286
15 1,000 22,657 24,986 24,986 124,987 7,614 7,614 107,615
15 15,000 22,657 24,986 24,986 124,987 7,614 7,614 107,615
16 1,000 24,840 28,376 28,376 128,376 7,954 7,954 107,955
17 1,000 27,132 32,122 32,122 132,123 8,260 8,260 108,261
18 1,000 29,539 36,263 36,263 136,263 8,528 8,528 108,528
19 1,000 32,066 40,837 40,837 140,838 8,752 8,752 108,753
20 1,000 34,719 45,895 45,895 145,896 8,933 8,933 108,933
20 20,000 34,719 45,895 45,895 116,344 8,933 8,933 108,933
@ 62 27,000 79,064 100,073 100,073 200,073 8,863 8,863 108,863
@ 65 30,000 94,836 137,710 137,710 237,710 7,797 7,797 107,798
</TABLE>
Based on 0% interest rate and guaranteed charges, the policy will lapse in year
38.
Death Benefit, Account Value, and Cash Surrender Value are based on hypothetical
gross interest rates shown, assume current and guaranteed charges and no policy
loans or withdrawals, and are calculated at the end of the Policy Year. Assumed
Premium Payments shown are assumed paid in full at the beginning of the Policy
Year. Payment of premiums shown other than in full at the beginning of the
Policy Year would reduce values and benefits below the hypothetical illustrated
amounts shown. Values shown reflect an effective annual asset charge of 1.56%
(includes mortality and expense risk charge of 0.8% for fifteen years, then
0.25% and average fund operating expenses of 0.76% applicable to the investment
sub-accounts of the VUL Separate Account). Hypothetical gross interest rates are
presented for illustrative purposes only to illustrate funds allocated entirely
to the investment sub-accounts of the VUL Separate Account and do not in any way
represent actual results or suggest that such results will be achieved in the
future. Actual values will differ from those shown whenever actual investment
results differ from hypothetical gross interest rates illustrated. A Guaranteed
Interest Account providing interest at a minimum guaranteed rate of 4% is also
available under this product through the General Account.
This illustration assumes a premium tax of 2.25%.
37
<PAGE>
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY Page 1 of 1
Statutory Home Office: East Greenbush, New York
MALE 35 NEVERSMOKE BASE FACE AMOUNT: $100,000
FEMALE 35 NEVERSMOKE INITIAL ANNUAL PREMIUM: $1,000
JOINT EDGE -- A FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE INSURANCE POLICY
OPTION 1
<TABLE>
<CAPTION>
Assuming
---------------------------------------------------------
Current Charges Guaranteed Charges
------------------------------ -------------------------
Assumed Cash Cash
Annual Premium Account Surrender Death Account Surrender Death
Premium Accum. Value Value Benefit Value Value Benefit
Year Payments @ 5% @ 12.00% @ 12.00% @ 12.00% @ 0.0% @ 0.0% @0.0%
- ------ ------ ------ ------- ------- ------ ------- ------ -------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
1 1,000 1,050 598 0 100,000 383 0 100,000
2 1,000 2,153 1,406 423 100,000 894 0 100,000
3 1,000 3,310 2,287 1,206 100,000 1,377 295 100,000
4 1,000 4,526 3,248 2,076 100,000 1,831 659 100,000
5 1,000 5,802 4,296 3,087 100,000 2,252 1,044 100,000
5 5,000 5,802 4,296 3,087 100,000 2,252 1,044 100,000
6 1,000 7,142 5,438 4,374 100,000 2,639 1,576 100,000
7 1,000 8,549 6,684 5,766 100,000 2,988 2,069 100,000
8 1,000 10,027 8,043 7,345 100,000 3,298 2,600 100,000
9 1,000 11,578 9,530 9,052 100,000 3,567 3,090 100,000
10 1,000 13,207 11,154 11,154 100,000 3,797 3,797 100,000
10 10,000 13,207 11,154 11,154 100,000 3,797 3,797 100,000
11 1,000 14,917 12,928 12,928 100,000 3,983 3,983 100,000
12 1,000 16,713 14,862 14,862 100,000 4,122 4,122 100,000
13 1,000 18,599 16,970 16,970 100,000 4,212 4,212 100,000
14 1,000 20,579 19,272 19,272 100,000 4,249 4,249 100,000
15 1,000 22,657 21,787 21,787 100,000 4,229 4,229 100,000
15 15,000 22,657 21,787 21,787 100,000 4,229 4,229 100,000
16 1,000 24,840 24,538 24,538 100,000 4,147 4,147 100,000
17 1,000 27,132 27,555 27,555 100,000 3,995 3,995 100,000
18 1,000 29,539 30,865 30,865 100,000 3,761 3,761 100,000
19 1,000 32,066 34,501 34,501 100,000 3,436 3,436 100,000
20 1,000 34,719 38,500 38,500 100,000 3,009 3,009 100,000
20 20,000 34,719 38,500 38,500 100,000 3,009 3,009 100,000
@ 62 27,000 79,064 81,068 81,068 103,768 0 0 0
@ 65 30,000 94,836 110,698 110,698 135,052 0 0 0
</TABLE>
Based on 0% interest rate and guaranteed charges, the policy will lapse in year
25.
Death Benefit, Account Value, and Cash Surrender Value are based on hypothetical
gross interest rates shown, assume current and guaranteed charges and no policy
loans or withdrawals, and are calculated at the end of the Policy Year. Assumed
Premium Payments shown are assumed paid in full at the beginning of the Policy
Year. Payment of premiums shown other than in full at the beginning of the
Policy Year would reduce values and benefits below the hypothetical illustrated
amounts shown. Values shown reflect an effective annual asset charge of 1.59%
(includes mortality and expense risk charge of 0.8% and average fund operating
expenses of 0.79% applicable to the investment sub-accounts of the VUL Separate
Account). Hypothetical gross interest rates are presented for illustrative
purposes only to illustrate funds allocated entirely to the investment
sub-accounts of the VUL Separate Account and do not in any way represent actual
results or suggest that such results will be achieved in the future. Actual
values will differ from those shown whenever actual investment results differ
from hypothetical gross interest rates illustrated. A Guaranteed Interest
Account providing interest at a minimum guaranteed rate of 4% is also available
under this product through the General Account.
This illustration assumes a premium tax of 2.25%.
38
<PAGE>
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY Page 1 of 1
Statutory Home Office: East Greenbush, New York
MALE 35 NEVERSMOKE BASE FACE AMOUNT: $100,000
FEMALE 35 NEVERSMOKE INITIAL ANNUAL PREMIUM: $1,000
JOINT EDGE -- A FLEXIBLE PREMIUM JOINT UNIVERSAL LIFE INSURANCE POLICY
OPTION 2
<TABLE>
<CAPTION>
Assuming
---------------------------------------------------------
Current Charges Guaranteed Charges
------------------------------ -------------------------
Assumed Cash Cash
Annual Premium Account Surrender Death Account Surrender Death
Premium Accum. Value Value Benefit Value Value Benefit
Year Payments @ 5% @ 12.00% @ 12.00% @ 12.00% @ 0.0% @ 0.0% @ 0.0%
- ------ ------ ------ ------- ------- ------ ------- ------ -------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
1 1,000 1,050 596 0 100,597 381 0 100,382
2 1,000 2,153 1,400 417 101,401 889 0 100,889
3 1,000 3,310 2,274 1,192 102,274 1,366 284 101,366
4 1,000 4,526 3,223 2,052 103,224 1,812 640 101,813
5 1,000 5,802 4,255 3,047 104,256 2,223 1,015 102,224
5 5,000 5,802 4,255 3,047 104,256 2,223 1,015 102,224
6 1,000 7,142 5,375 4,312 105,376 2,599 1,535 102,599
7 1,000 8,549 6,592 5,674 106,593 2,932 2,014 102,933
8 1,000 10,027 7,913 7,215 107,913 3,225 2,527 103,226
9 1,000 11,578 9,350 8,872 109,350 3,475 2,997 103,475
10 1,000 13,207 10,909 10,909 110,910 3,682 3,682 103,682
10 10,000 13,207 10,909 10,909 110,910 3,682 3,682 103,682
11 1,000 14,917 12,603 12,603 112,603 3,842 3,842 103,842
12 1,000 16,713 14,433 14,433 114,434 3,953 3,953 103,954
13 1,000 18,599 16,412 16,412 116,412 4,013 4,013 104,013
14 1,000 20,579 18,550 18,550 118,551 4,016 4,016 104,017
15 1,000 22,657 20,861 20,861 120,862 3,961 3,961 103,962
15 15,000 22,657 20,861 20,861 120,862 3,961 3,961 103,962
16 1,000 24,840 23,359 23,359 123,360 3,841 3,841 103,842
17 1,000 27,132 26,064 26,064 126,064 3,650 3,650 103,650
18 1,000 29,539 28,989 28,989 128,990 3,376 3,376 103,377
19 1,000 32,066 32,154 32,154 132,155 3,010 3,010 103,011
20 1,000 34,719 35,574 35,574 135,575 2,544 2,544 102,544
20 20,000 34,719 35,574 35,574 135,575 2,544 2,544 102,544
@ 62 27,000 79,064 68,238 68,238 168,239 0 0 0
@ 65 30,000 94,836 88,253 88,253 188,253 0 0 0
</TABLE>
Based on 0% interest rate and guaranteed charges, the policy will lapse in year
24.
Death Benefit, Account Value, and Cash Surrender Value are based on hypothetical
gross interest rates shown, assume current and guaranteed charges and no policy
loans or withdrawals, and are calculated at the end of the Policy Year. Assumed
Premium Payments shown are assumed paid in full at the beginning of the Policy
Year. Payment of premiums shown other than in full at the beginning of the
Policy Year would reduce values and benefits below the hypothetical illustrated
amounts shown. Values shown reflect an effective annual asset charge of 1.59%
(includes mortality and expense risk charge of 0.8% and average fund operating
expenses of 0.79% applicable to the investment sub-accounts of the VUL Separate
Account). Hypothetical gross interest rates are presented for illustrative
purposes only to illustrate funds allocated entirely to the investment
sub-accounts of the VUL Separate Account and do not in any way represent actual
results or suggest that such results will be achieved in the future. Actual
values will differ from those shown whenever actual investment results differ
from hypothetical gross interest rates illustrated. A Guaranteed Interest
Account providing interest at a minimum guaranteed rate of 4% is also available
under this product through the General Account.
This illustration assumes a premium tax of 2.25%.
39
<PAGE>
VERSION B
VARIABLE LIFE INSURANCE POLICY
Issued By: Phoenix Home Life Mutual Insurance Company
101 Munson Street
P.O. Box 810
Greenfield, Massachusetts 01302-0810
Telephone: (800) 892-4885
PROSPECTUS
May 1, 1996
This prospectus describes a Flexible Premium Variable Life Insurance Policy
(the "Policy"), offered by Phoenix Home Life Mutual Insurance Company ("Phoenix
Home Life"). An applicant chooses the amount of Issue Premium desired and it is
then shown in the Policy. Generally, the minimum Issue Premium Phoenix Home Life
will accept is the greater of $50 or 1/6 of the Planned Annual Premium. Phoenix
Home Life may in some cases accept less than that amount. The amount and payment
frequency of planned premiums are as shown in the Policy. If too much is paid in
premium in the early Policy Years, the Policy could become a "modified endowment
contract". This would cause loans and other amounts received under the Policy to
be subject to tax and/or penalties. Currently, Phoenix Home Life notifies a
Policyowner when a Policy becomes a modified endowment contract.
Premium payments are allocated to one or more of the sub-accounts of the
Phoenix Home Life Variable Universal Life Account (the "VUL Account") or to the
Guaranteed Interest Account ("GIA"), as specified in the applicant's application
for insurance. Each Sub-account of the VUL Account invests exclusively in a
portfolio of The Phoenix Edge Series Fund (the "Fund"). The available portfolios
of the Fund currently include the Money Market Series; Growth Series; Bond
Series; Total Return Series; Balanced Series, International, Real Estate and
Strategic Theme Series. For certain Policyowners, the Issue Premium is first
allocated to the Money Market Sub-account before being allocated according to
the instructions in the application.
There is no guaranteed minimum Policy Value except for that portion of Policy
Value invested in the GIA, which has a 4% minimum interest rate guarantee. The
Policy Value not invested in the GIA will vary to reflect the investment
experience of the Sub-accounts of the VUL Account to which premiums have been
allocated. A Policyowner bears the investment risk for all amounts so allocated.
The Policy will remain in effect so long as the Policy Value or Cash Surrender
Value is sufficient to pay certain monthly charges imposed in connection with
the Policy.
The death benefit under the Policy equals the Policy's face amount on the date
of the Insured's death or, if greater, the Policy Value on the date of death
increased by the applicable percentage set forth in the Policy. Other death
benefit options are also available.
A Policyowner may cancel the Policy within 10 days (or longer in some states),
after the Policyowner receives it or 10 days after Phoenix Home Life mails or
delivers a written notice of withdrawal right to the Policyowner, or within 45
days of completing the application, whichever is latest.
It may not be advantageous to purchase a Policy as a replacement for your
current life insurance or to supplement an existing life insurance policy.
This prospectus is valid only if accompanied by or preceded by a current
prospectus for The Phoenix Edge Series Fund. This prospectus and the prospectus
for the Fund should be read and retained for future reference.
THESE SECURITIES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SECURITIES AND
EXCHANGE COMMISSION NOR HAS THE COMMISSION PASSED UPON THE ACCURACY OR ADEQUACY
OF THIS PROSPECTUS. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.
1
<PAGE>
TABLE OF CONTENTS
Page
- --------------------------------------------------
VARIABLE LIFE INSURANCE POLICY 1
TABLE OF CONTENTS 2
FINANCIAL HIGHLIGHTS 3
SPECIAL TERMS 7
SUMMARY 7
PHOENIX HOME LIFE AND THE VARIABLE ACCOUNT 9
Phoenix Home Life Mutual Insurance Company 9
The VUL Account 9
The Guaranteed Interest Account 10
THE POLICY 10
Introduction 10
Eligible Purchasers 10
Premium Payment 10
Allocation of Issue Premium 11
Right to Cancel Period 11
Temporary Insurance Coverage 12
Transfer of Policy Value 12
Determination of Sub-account Values 12
Death Benefit 13
Surrenders 13
Policy Loans 14
Lapse 15
Payment of Premiums During Period of
Disability 15
Additional Insurance Options 15
Additional Rider Benefits 15
INVESTMENTS OF THE VUL ACCOUNT 16
Participating Mutual Fund 16
Investment Adviser to The Phoenix Edge
Series Fund 17
Reinvestment and Redemption 17
Substitution of Investments 17
Performance History 18
CHARGES AND DEDUCTIONS 19
Monthly Deduction 19
Premium Taxes 19
Mortality and Expense Risk Charge 20
Investment Management Charge 20
Other Charges 20
GENERAL PROVISIONS 21
Postponement of Payments 21
Payment by Check 21
The Contract 22
Suicide 22
Incontestability 22
Change of Owner or Beneficiary 22
Assignment 22
Misstatement of Age or Sex 22
Surplus 22
Page
- --------------------------------------------------
PAYMENT OF PROCEEDS 22
Surrender and Death Benefit Proceeds 22
Payment Options 22
FEDERAL TAX CONSIDERATIONS 23
Introduction 23
Phoenix Home Life's Tax Status 23
Policy Proceeds 23
Other Taxes 24
Modified Endowment Contracts 24
Limitations on Unreasonable Mortality
and Expense Charges 25
Qualified Plans 25
Diversification Standards 25
Change of Ownership or Insured or Assignment 26
VOTING RIGHTS 26
The Fund 26
Phoenix Home Life 26
THE DIRECTORS AND EXECUTIVE OFFICERS
OF PHOENIX HOME LIFE 26
SAFEKEEPING OF THE VUL ACCOUNT'S ASSETS 27
SALES OF POLICIES 27
STATE REGULATION 28
REPORTS 28
LEGAL PROCEEDINGS 28
LEGAL MATTERS 28
REGISTRATION STATEMENT 28
FINANCIAL STATEMENTS 28
APPENDIX A 31
APPENDIX B 32
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.
The Policy is not available in all States.
2
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FINANCIAL HIGHLIGHTS
(Selected data for a unit outstanding throughout the indicated period)
Following are the Financial Highlights for the periods indicated:
Money Market Sub-account
------------------------------------
Net asset value, beginning of period ....
Income from investment operations
Net investment income ..................
Total from investment operations ......
Change in net asset value ............... [To be filed by amendment]
Net asset value, end of period ..........
Total return ............................
Ratios/supplemental data:
Net assets, end of period (000) ........
Ratio to average net assets of:
Total expenses ......................... (1)
Net investment income .................. (1)
Growth Sub-account
------------------------------------
Net asset value, beginning of period ....
Income from investment operations
Net investment income ..................
Net realized and unrealized gain (loss).
Total from investment operations ......
Change in net asset value ............... [To be filed by amendment]
Net asset value, end of period ..........
Total return ............................
Ratios/supplemental data:
Net assets, end of period (000) ........
Ratio to average net assets of:
Total expenses .........................
Net investment income ..................
Portfolio turnover ......................
(1) Annualized
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FINANCIAL HIGHLIGHTS
(Selected data for a unit outstanding throughout the indicated period)
Bond Sub-account
-------------------------------------
Net asset value, beginning of period ....
Income from investment operations
Net investment income ..................
Net realized and unrealized gain (loss)
Total from investment operations ......
Change in net asset value ............... [To be filed by amendment]
Net asset value, end of period ..........
Total return ............................
Ratios/supplemental data:
Net assets, end of period (000) ........
Ratio to average net assets of:
Total expenses .........................
Net investment income ..................
Portfolio turnover ......................
Total Return Sub-account
-------------------------------------
Net asset value, beginning of period ....
Income from investment operations
Net investment income ..................
Net realized and unrealized gain (loss)
Total from investment operations ......
Change in net asset value ............... [To be filed by amendment]
Net asset value, end of period ..........
Total return ............................
Ratios/supplemental data:
Net assets, end of period (000) ........
Ratio to average net assets of:
Total expenses .........................
Net investment income ..................
Portfolio turnover ......................
(1) Annualized
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FINANCIAL HIGHLIGHTS
(Selected data for a unit outstanding throughout the indicated period)
International Sub-account
-------------------------------------
Net asset value, beginning of period ....
Income from investment operations
Net investment income ..................
Net realized and unrealized gain (loss)
Total from investment operations ......
Change in net asset value ............... [To be filed by amendment]
Net asset value, end of period ..........
Total return ............................
Ratios/supplemental data:
Net assets, end of period (000) ........
Ratio to average net assets of:
Total expenses .........................
Net investment income ..................
Portfolio turnover ......................
Balanced Sub-account
-------------------------------------
Net asset value, beginning of period ....
Income from investment operations
Net investment income ..................
Net realized and unrealized gain (loss)
Total from investment operations ......
Change in net asset value ............... [To be filed by amendment]
Net asset value, end of period ..........
Total return ............................
Ratios/supplemental data:
Net assets, end of period (000) ........
Ratio to average net assets of:
Total expenses .........................
Net investment income ..................
Portfolio turnover ......................
(1) Annualized
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FINANCIAL HIGHLIGHTS
(Selected data for a unit outstanding throughout the indicated period)
Real Estate
Sub-account
-------------------------------------
Net asset value, beginning of period ....
Income from investment operations
Net investment income ..................
Net realized and unrealized gain (loss)
Total from investment operations ......
Change in net asset value ............... [To be filed by amendment]
Net asset value, end of period ..........
Total return ............................
Ratios/supplemental data:
Net assets, end of period (000) ........
Ratio to average net assets of:
Total expenses .........................
Net investment income ..................
Portfolio turnover ......................
(1) Annualized
STRATEGIC THEME SUB-ACCOUNT
This Sub-account commenced operations as of the date of this prospectus;
accordingly financials for this Sub-account are not yet available.
6
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SPECIAL TERMS
As used in this Prospectus, the following terms have the indicated meanings:
Attained Age: The age of the Insured on the birthday nearest the most recent
Policy Anniversary.
Beneficiary: The person or persons specified by the Policyowner as entitled to
receive the death benefits under a Policy.
Cash Surrender Value: The Policy Value less any surrender charge that would
apply on the date of surrender and less any Debt.
Death Benefit Guarantee: An additional benefit rider available with the Policy
that guarantees a death benefit equal to the initial face amount or the face
amount as later increased or decreased, provided that Minimum Required Premiums
are paid. See "Additional Rider Benefits."
Debt: Outstanding loans against a Policy, plus accrued interest.
General Account: The general asset account of Phoenix Home Life.
Guaranteed Interest Account (GIA): An allocation option under which amounts
deposited are guaranteed to earn a fixed rate of interest. Excess interest may
also be credited, in the sole discretion of Phoenix Home Life.
In Force: Condition under which the coverage under a Policy is in effect and
the Insured's life remains insured.
Insured: The person upon whose life the Policy is issued.
In Writing (Written Request): In a written form satisfactory to Phoenix Home
Life and delivered to Variable and Universal Life Administration.
Issue Premium: The premium payment made in connection with the issue of the
Policy.
Maturity Date: The latest date that the Policy will terminate.
Minimum Required Premium: The required premium as specified in the Policy. An
increase or decrease in the face amount of the policy will change the Minimum
Required Premium amount.
Monthly Calculation Day: The first Monthly Calculation Day is the same day as
the Policy Date. Subsequent Monthly Calculation Days are the same day of each
month thereafter or, if such day does not fall within a given month, the last
day of that month will be the Monthly Calculation Day.
Payment Date: The Valuation Date on which a premium payment or loan repayment is
received at Phoenix Home Life, unless it is received after the close of the New
York Stock Exchange, in which case it will be the next Valuation Date.
Phoenix Home Life: Phoenix Home Life Mutual Insurance Company, Hartford,
Connecticut.
Planned Annual Premium: The premium amount that the Policyowner agrees to pay
each Policy Year. It must be at least equal to the minimum premium required for
the face amount of insurance selected and must be no greater than the maximum
premium allowed for the face amount selected.
Policy Anniversary: Each anniversary of the Policy Date.
Policy Date: The Policy Date as shown on the Schedule Page of the Policy. It
is the date from which Policy Years and Policy Anniversaries are measured.
Policy Month: The period from one Monthly Calculation Day up to but not
including the next Monthly Calculation Day.
Policyowner (Owner): The owner of a Policy.
Policy Value: The sum of a Policy's share in the values of each Sub-account of
the VUL Account plus the Policy's share in the values of the Guaranteed Interest
Account.
Policy Year: The first Policy Year is the one-year period from the Policy Date
up to, but not including, the first Policy anniversary. Each succeeding Policy
Year is the one-year period from the Policy anniversary up to but not including
the next Policy Anniversary.
Proportionate: Amounts allocated to Sub-accounts on a proportionate basis are
allocated by increasing (or decreasing) a Policy's share in the value of the
affected Sub-accounts so that such shares maintain the same ratio to each other
before and after the allocation.
Sub-accounts: Accounts within the VUL Account to which non-loaned assets under
a Policy are allocated.
Unit: A standard of measurement used in determining the value of a Policy. The
value of a Unit for each Sub-account will reflect the investment performance of
that Sub-account and will vary in dollar amount.
Valuation Date: For any Sub-account, each date on which the net asset value of
the Fund is determined.
Valuation Period: For any Sub-account, the period in days from the end of one
Valuation Date through the next.
Variable and Universal Life Administration: Variable and Universal Life
Administration Division of Phoenix Home Life Mutual Insurance Company.
VUL Account: Phoenix Home Life Variable Universal Life Account.
SUMMARY
1. What is the Difference Between the Policy and a Conventional Fixed Benefit
Life Insurance Policy?
Like conventional fixed-benefit life insurance, so long as the Policy remains
In Force, the Policy will provide for: (1) the payment of a death benefit to a
Beneficiary upon the Insured's death; (2) the accumulation of cash value; and
(3) surrender rights and Policy loan privileges.
The Policy differs from conventional fixed-benefit life insurance by allowing
Policyowners to allocate premiums to one or more Sub-accounts of the VUL Account
or to the Guaranteed Interest Account. Each Sub-account invests exclusively in a
designated
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portfolio of the Fund. Also, under the Policy, the Policy Value
invested in the VUL Account is not guaranteed and may increase or decrease
depending upon the investment experience of the Sub-accounts of the VUL Account.
Accordingly, the Policyowner bears the investment risk of any depreciation in
value of the underlying assets but reaps the benefits of any appreciation in
value. See "Policy Value."
In addition, unlike conventional fixed benefit life insurance, a Policyowner
also has the flexibility to make additional premium payments and to thereby
adjust the Policy Value. However, unlike conventional fixed-benefit life
insurance, the Policy does not require a Policyowner to adhere to a fixed
premium payment schedule. Moreover, after the payment of the Issue Premium, the
failure to make additional premium payments will not in itself cause the Policy
to lapse. Conversely, the payment of additional premiums will not guarantee that
the Policy will remain In Force. Generally, lapse will occur when the Cash
Surrender Value is insufficient to pay certain charges deducted on the Monthly
Calculation Day, and a grace period expires without payment of the additional
amount required. See "Lapse."
If a Whole Life Exchange Option Rider is attached to the Policy, the Policy
may be exchanged for a fixed-benefit whole life policy. (See "Additional Rider
Benefits").
2. Is There a Guaranteed Account Option?
Yes. A Policyowner may elect to have premium payments allocated to the
Guaranteed Interest Account. Amounts allocated to the GIA earn a fixed rate of
interest and Phoenix Home Life may also, in its sole discretion, credit excess
interest. (See Appendix A)
3. What Is the Death Benefit under the Policy?
The Policy provides for the payment of benefits upon the death of the Insured.
Upon application for a Policy, an applicant designates an Issue Premium. The
Policy indicates the face amount of insurance. The death benefit will equal the
face amount on the date of the Insured's death or, if greater, the Policy Value
on the date of the Insured's death increased by the applicable percentage set
forth in the Policy. If the enhanced death benefit option is selected, the death
benefit will equal the face amount on the date of the Insured's death plus the
Policy Value or, if greater, the Policy Value on the date of the Insured's death
increased by the applicable percentage set forth in the Policy. Guaranteed death
benefit and living benefits riders are also available. See "Death Benefit."
4. How Long Will the Policy Remain In Force?
The Policy will only lapse when the Cash Surrender Value is insufficient to
pay the monthly deduction (see "Charges and Deductions -- Monthly Deductions"),
and a grace period expires without payment of the additional amount required. In
this respect, the Policy differs in two important respects from a conventional
life insurance Policy. First, the failure to pay additional premiums will not
automatically cause the Policy to lapse. Second, the payment of premiums of any
pre-specified amount does not guarantee that the Policy will remain In Force
until the Maturity Date. A rider is available to ensure that premium payments
will continue during a period of disability.
5. What Charges are There in Connection With the Policy?
Monthly Deduction: A deduction is made each Policy Month from the Policy Value
(excluding the value of the loaned portion of the Guaranteed Interest Account)
to pay the cost of insurance provided under the Policy; the cost of any rider
benefits provided; any unpaid balance of the $150 Issue Expense Charge; and an
administrative charge as shown on the schedule page of the Policy. The
administrative charge may vary but in no event will it exceed $10 per month.
Currently, the administrative charge is $5.00 per month. The administrative
charge is set at a level designed to recover actual costs and is not designed to
result in any profit to Phoenix Home Life. See "Charges and Deductions."
Other Charges: A fee equal to the lesser of $25 or 2% of the partial surrender
amount paid is deducted from the Policy Value for each partial surrender. A
partial surrender charge equal to a pro-rata portion of the applicable surrender
charge that would apply to a full surrender, determined by applying a formula,
is also assessed against the VUL Account Sub-accounts or the Guaranteed Interest
Account when a partial surrender is made.
No charges are currently made from the VUL Account or the Guaranteed Interest
Account for federal or state income taxes. If Phoenix Home Life determines that
such taxes may be imposed, it may make deductions from the VUL Account to pay
these taxes.
Phoenix Home Life charges each Sub-account of the VUL Account the daily
equivalent of 0.80% on an annual basis of the current value of the Sub-account's
net assets for its assumption of certain mortality and expense risks incurred in
connection with the Policy.
Premium amounts are also reduced by any applicable state premium tax based on
the Policyowner's last known address on record with Variable and Universal Life
Administration and, for payments made during a grace period, by the amount
needed to cover any monthly deductions made during the grace period.
Investment advisory charges are imposed on an annual basis based on the
average daily net assets of the Series of the Fund as follows:
Rate for First Rate for Next Rate for Excess
Series $250,000,000 $250,000,000 Over $500,000,000
- ------ ------------ ------------ -----------------
Money Market .40% .35% .30%
Bond....... .50% .45% .40%
Balanced... .55% .50% .45%
Total Return .60% .55% .50%
Growth..... .70% .65% .60%
International .75% .70% .65%
Strategic
Theme...... .75% .70% .65%
Phoenix Realty Securities, Inc.
Rate for First Rate for Next Rate for Excess
Series $1,000,000,000 $1,000,000,000 Over $2,000,000,000
- ------ -------------- -------------- -------------------
Real Estate .75% .70% .65%
In addition, each Series (except the International, Real Estate and Strategic
Theme Series) pays a portion or all of its other operating expenses, up to .15%
of its total net assets. The International, Real Estate and Strategic Theme
Series pay other operating
8
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expenses up to .40%, .25% and .25%, respectively, of its total net assets. See
"Charges and Deductions."
6. Is there a Right to Cancel Period?
Yes. The Policyowner may cancel the Policy within 10 days after the
Policyowner receives it (or longer in some states), or 10 days after Phoenix
Home Life mails or delivers a written notice of withdrawal right to the
Policyowner, or within 45 days of completing the application, whichever is
latest.
7. How are Premiums Allocated?
If the applicant elects the Temporary Money Market Allocation Amendment in the
application, Phoenix Home Life will allocate the entire Issue Premium less any
applicable charges to the Money Market Sub-account of the VUL Account. Phoenix
Home Life requires this election for all applicants in certain states and for
applicants in certain states who indicate on their application that they intend
the Policy to replace existing insurance. At the expiration of the Right to
Cancel Period for such Policyowners, the Policy Value will be allocated among
the Sub-accounts of the VUL Account or to the Guaranteed Interest Account in
accordance with the Policyowner's allocation instructions in the application for
insurance. All other Policyowners will have their Issue Premium less any
applicable charges allocated according to the instructions in the application on
the date it is received without first having the premium placed in the Money
Market Sub-account. The Policy Value may be allocated among the available
Sub-accounts of the VUL Account, each of which invests in shares of a designated
portfolio of the Fund, or to the Guaranteed Interest Account. The eight
portfolios of the Fund currently available are: Money Market Series, Growth
Series, Bond Series, Total Return Series, Balanced Series, International Series,
Strategic Theme Series and Real Estate Series. See "Investments of the VUL
Account."
8. After the Initial Allocation, May I Change the Allocation of Policy Value?
Yes. A Policyowner may transfer amounts among the Sub- accounts of the VUL
Account or the Guaranteed Interest Account. Only one transfer per Policy Year is
permitted from the unloaned portion of the Guaranteed Interest Account. The
amount of that transfer is limited to the higher of $1,000 or 25% of the value
of the Policy in the unloaned portion of the Guaranteed Interest Account. Also,
Phoenix Home Life reserves the right to require that transfers be made by
written request. Phoenix Home Life further reserves the right to permit
transfers of less than $500 only if the entire balance in the Sub-account of the
VUL Account or the Guaranteed Interest Account is transferred. A systematic
transfer program is also available. See "Transfer of Policy Value."
9. May the Policy be Surrendered?
Yes. A Policyowner may totally surrender the Policy at any time and receive
the Cash Surrender Value. Subject to certain limitations, the Policyowner may
also partially surrender the Policy at any time prior to the Maturity Date. In
the future, Phoenix Home Life may set a minimum partial surrender amount, not to
exceed $500. See "Surrenders -- Partial Surrenders." A partial surrender will
result in a decrease in the death benefit under the Policy. See "Death Benefit."
If the Policy is totally or partially surrendered during the first ten Policy
Years, a Surrender Charge will apply. See "Surrender Charge." In addition, there
may be certain tax consequences as the result of a surrender. For example, a
Policy may be a "modified endowment contract" if the amount of premium paid
during the first seven Policy Years is more than the amount that would have been
paid if the Policy had provided for paid-up benefits after the payment of seven
level annual premiums. Distributions such as loans and full or partial
surrenders under a modified endowment contract may be taxable income to the
extent they exceed the premiums paid. If such income is distributed before the
Policyowner attains age 591/2, a 10% penalty tax may be imposed. See "Federal
Tax Considerations."
10. What is the Policy's Loan Privilege?
A Policyowner may obtain Policy loans in an amount up to 90% of the result of
subtracting the remaining surrender charge from the Policy Value. The interest
rate on a loan is at an effective annual rate as stated in the Policy,
compounded daily and payable on each Policy Anniversary in arrears. The
requested loan amount is transferred from the VUL Account to the loaned portion
of the Guaranteed Interest Account and is credited with interest at an effective
annual rate as stated in the Policy. Phoenix Home Life reserves the right not to
allow loans of less than $200 unless the loans are to pay premiums on another
policy issued by Phoenix Home Life. See "The Policy -- Policy Loans."
The proceeds of Policy loans may be subject to Federal income tax under certain
circumstances. See "Federal Tax Considerations."
11. How are Insurance Benefits Paid?
Surrender and death benefits under the Policy may be paid in a lump sum or under
one of the payment options set forth in the Policy. See "Payment Options."
PHOENIX HOME LIFE AND THE VARIABLE ACCOUNT
Phoenix Home Life Mutual Insurance Company
Phoenix Home Life Mutual Insurance Company ("Phoenix Home Life") is a mutual
life insurance company originally chartered in Connecticut in 1851. Its
executive office is at One American Row, Hartford, Connecticut 06115 and its
main administrative office is at 100 Bright Meadow Boulevard, Enfield,
Connecticut 06083-1900. Its New York principal office is at 99 Troy Road, East
Greenbush, New York 12061. Phoenix Home Life is the nation's 13th largest mutual
life insurance company and has admitted assets of approximately $12 billion.
Phoenix Home Life sells insurance policies and annuity contracts through its own
field force of full time agents and through brokers. Its operations are
conducted in all 50 states, the District of Columbia, Canada and Puerto Rico.
The VUL Account
The VUL Account is a separate account of Phoenix Home Life registered as a
unit investment trust under the Investment Company Act of 1940, as amended, and
it meets the definition of a "separate account" under that Act. Such
registration does not involve supervision of the management of the VUL Account
or Phoenix Home Life by the Securities and Exchange Commission.
9
<PAGE>
The VUL Account currently has eight Sub-accounts available for allocation of
Policy Value. If in the future Phoenix Home Life determines that marketing needs
and investment conditions warrant, Phoenix Home Life may establish additional
Sub-accounts, which will be made available to existing Policyowners to the
extent and on a basis determined by Phoenix Home Life. Each Sub-account will
invest solely in shares of the Fund allocable to one of eight portfolios, each
having the specified investment objective set forth under "Investments of the
VUL Account -- Participating Mutual Fund."
Phoenix Home Life does not guarantee the investment performance of the VUL
Account or any of its Sub-accounts. The Policy Value allocated to the VUL
Account depends on the investment performance of the Fund. Thus, the Policyowner
bears the full investment risk for all monies invested in the VUL Account.
The VUL Account may from time to time include in advertisements containing
total return the ranking of those performance figures relative to such figures
for groups of sub-accounts having similar investment objectives as categorized
by ranking services such as Lipper Analytical Services, Inc., CDA Investment
Technologies, Inc., Weisenberger Financial Services, Inc. and Morningstar, Inc.
Additionally, the Funds may compare a Series performance results to other
investment or savings vehicles (such as certificates of deposit) and may refer
to results published in various publications such as Changing Times, Forbes,
Fortune, Money, Barrons, Business Week and Investor's Daily, The Stanger
Register, Stanger's Investment Adviser, The Wall Street Journal, The New York
Times, Consumer Reports, Registered Representative, Financial Planning,
Financial Services Weekly, Financial World, U.S. News and Work Report, Standard
& Poor's The Outlook, and Personal Investor. The Funds may from time to time
illustrate the benefits of tax deferral by comparing taxable investments to
investments made through tax-deferred retirement plans. The total return may
also be used to compare the performance of a Series against certain widely
acknowledged outside standards or indices for stock and bond market performance,
such as the Standard & Poor's 500 Stock Index (the "S&P 500"), Dow Jones
Industrial Average, Europe Australia Far East Index (EAFE), Consumer's Price
Index, Shearson Lehman Corporate Index and Shearson Lehman T-Bond Index. The S&P
500 is a commonly quoted market value-weighted and unmanaged index showing the
changes in the aggregate market value of 500 common stocks relative to the base
period 1940-43. The S&P is composed almost entirely of common stocks of
companies listed on the New York Stock Exchange, although the common stocks of a
few companies listed on the American Stock Exchange or traded over the counter
are included. The 500 companies represented include 400 industrial, 60
transportation and 40 financial services concerns. The S&P represents about 80%
of the market value of all issues traded on the New York Stock Exchange.
The VUL Account is administered and accounted for as part of the general
business of Phoenix Home Life, but the income, gains, or losses of the VUL
Account are credited to or charged against the assets held in the VUL Account,
without regard to other income, gains, or losses of any other business Phoenix
Home Life may conduct. Under New York law, the assets of the VUL Account are not
chargeable with liabilities arising out of any other business Phoenix Home Life
may conduct. Nevertheless all obligations arising under the Policy are general
corporate obligations of Phoenix Home Life.
The Guaranteed Interest Account
The Guaranteed Interest Account is not part of the VUL Account. It is
accounted for as part of the General Account. Phoenix Home Life reserves the
right to limit cumulative deposits, including transfers, to the unloaned portion
of the Guaranteed Interest Account to no more than $250,000 during any one-week
period. Phoenix Home Life will credit interest daily on the amounts allocated
under the Policy to the Guaranteed Interest Account. The credited rate will be
uniform by class. The loaned portion of the Guaranteed Interest Account will be
credited interest at an effective annual fixed rate of 6%. Interest on the
unloaned portion of the Guaranteed Interest Account will be credited at an
effective annual rate of not less than 4%.
Twice each calendar month Phoenix Home Life sets the interest rate that will
apply to any net premium or transferred amounts deposited to the unloaned
portion of the Guaranteed Interest Account. That rate will remain in effect for
such deposits for an initial guarantee period of one full year from the date of
deposit. Upon expiration of the initial one-year guarantee period (and each
subsequent one-year guarantee period thereafter), the rate to be applied to any
deposits whose guarantee period has just ended shall be the same rate as is
applied to new deposits allocated to the Guaranteed Interest Account at the time
that the guarantee period expired. This rate will likewise remain in effect for
a guarantee period of one full year from the date the new rate is applied. For
more complete information concerning the Guaranteed Interest Account, see
Appendix A.
THE POLICY
Introduction
The Policy is a variable life insurance policy. The Policy has a death
benefit, Cash Surrender Value, and loan privilege such as is associated with a
traditional fixed benefit whole life policy. The Policy differs from a fixed
benefit whole life policy, however, because the Policyowner specifies into which
of several Sub- accounts of the VUL Account or the Guaranteed Interest Account
net premium is to be allocated. Each Sub-account of the VUL Account, in turn,
invests its assets exclusively in a portfolio of the Fund. The Policy Value
varies according to the investment performance of the Series to which Policy
Value has been allocated.
Eligible Purchasers
Any person up to the age of 75 is eligible to be insured under a newly
purchased Policy after providing acceptable evidence of insurability. A person
can purchase a Policy to insure the life of another person provided that the
Policyowner has an insurable interest in the life of the Insured, and the
Insured consents.
Premium Payment
The minimum Issue Premium for a Policy is generally the greater of $50 or 1/6
of the Planned Annual Premium. The Issue Premium is due on the Policy Date. The
Insured must be alive when the Issue Premium is paid. Thereafter, the amount and
payment fre-
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quency of planned premiums are as shown on the schedule page of the
Policy. All premiums are payable in advance at Variable and Universal Life
Administration, except that the Issue Premium may be paid to an authorized agent
of Phoenix Home Life for forwarding to the Underwriting Department of Phoenix
Home Life.
Any premium payments will be reduced by the premium tax charge applicable in
the state of the Policyowner's last known address on record with Variable and
Universal Life Administration. The Issue Premium will also be reduced by the
Issue Expense Charge of $150 on a pro rata basis in equal monthly installments
over a 12 month period. Any unpaid balance of the Issue Expense Charge will be
paid to Phoenix Home Life upon Policy Lapse or termination.
Premium payments received during a grace period will also be reduced by the
amount needed to cover any monthly deductions during the grace period. The
remainder will be applied on the Payment Date to the various Sub-accounts of the
VUL Account or to the Guaranteed Interest Account, based on the premium
allocation schedule elected in the application for the Policy or as later
changed. The allocation schedule for premium payments may be changed by calling
or writing to Variable and Universal Life Administration. Allocations to the VUL
Account Sub-accounts or to the Guaranteed Interest Account must be expressed in
terms of whole percentages.
The number of units credited to a Sub-account of the VUL Account will be
determined by dividing the portion of the net premium applied to that
Sub-account by the unit value of the Sub-account on the Payment Date.
A Policyowner may increase or decrease the planned premium amount or payment
frequency at any time by written notice to Variable and Universal Life
Administration. Phoenix Home Life reserves the right to limit increases to such
maximums as may be established from time to time. Additional premium payments
may be made at any time. Each premium payment must at least equal $25 or, if
made during a grace period, the payment must equal the amount needed to prevent
lapse of the Policy.
A Policyholder may also elect a Waiver of Premium Rider. This rider provides
for the waiver of certain premium payments under the Policy under certain
conditions during a period of total disability of the Insured. Under its terms,
the specified premium will be waived upon Phoenix Home Life's receipt of proof
that the Insured is totally disabled and that the disability occurred while the
rider was In Force.
The Policy contains a total premium limit as shown on the Schedule Page. This
limit is applied to the sum of all premiums paid under the Policy. If the total
premium limit is exceeded, the Policyowner will receive the excess, with
interest at an annual rate of not less than 4%, not later than 60 days after the
end of the Policy Year in which the limit was exceeded. The Policy Value will
then be adjusted to reflect the refund. The amount to be taken from each
Sub-account or the Guaranteed Interest Account will be allocated in the same
manner as provided for monthly deductions unless the Policyowner requests
otherwise in writing. The total premium limit may be exceeded if additional
premium is needed to prevent lapse or if Phoenix Home Life determines that
additional premium would be permitted by Federal laws or regulations.
A Policyowner may authorize his bank to draw $25 or more from his personal
checking account monthly to purchase Units in any available Sub-account. The
amount the Policyowner designates will be automatically invested in the
Sub-account of his choice on the date the bank draws on his account.
Policies sold to officers, directors and employees of Phoenix Home Life (and
their spouses and children) will be credited with an amount equal to the
first-year commission that would apply on the amount of premium contributed.
This option is also available to career agents of Phoenix Home Life (and their
spouses and children).
Allocation of Issue Premium
Within 7 business days after the later of receipt of the Issue Premium and
Phoenix Home Life's approval of a completed application for processing, Phoenix
Home Life will allocate the Issue Premium less applicable charges to the VUL
Account or to the Guaranteed Interest Account. Generally, the Issue Premium less
applicable charges is directly allocated in accordance with the allocation
instructions in the application for a Policy. However, Policies issued in
certain states, and Policies issued in certain states pursuant to applications
which state the Policy is intended to replace existing insurance, are issued
with a Temporary Money Market Allocation Amendment. Under this Amendment,
Phoenix Home Life temporarily allocates the entire Issue Premium paid less
applicable charges (along with any other premiums paid during the Right to
Cancel Period) to the Money Market Sub-account of the VUL Account, and, at the
expiration of the Right to Cancel Period, the Policy Value of the Money Market
Sub-account is allocated among the Sub-accounts of the VUL Account or to the
Guaranteed Interest Account in accordance with the applicant's allocation
instructions in the application for insurance.
Right to Cancel Period
A Policy may be returned by mailing or delivering it to Phoenix Home Life
within ten days after the Policyowner receives it (or longer in some states);
within ten days after Phoenix Home Life mails or delivers a written notice of
withdrawal right to the Policyowner; or within 45 days after the applicant signs
the application for insurance, whichever occurs latest (the "Right to Cancel
Period"). The returned Policy is treated as if Phoenix Home Life never issued
the Policy and, except for Policies issued with a Temporary Money Market
Allocation Amendment, Phoenix Home Life will return the sum of the following as
of the date Phoenix Home Life receives the returned Policy: (i) the then current
Policy Value less any unpaid loans and loan interest; plus (ii) any monthly
deductions, partial surrender fees, and other charges made under the Policy,
including investment advisory fees, or any Fund expenses deducted. The amount
returned for Policies issued with the Amendment will equal any premiums paid
less any unrepaid loans and loan interest, and less any partial surrender
amounts paid.
Phoenix Home Life reserves the right to disapprove an application for
processing within 7 days of receipt at Phoenix Home Life of the completed
application for insurance, in which event Phoenix Home Life will return the
premium paid. Even after approval of the application for processing, Phoenix
Home Life reserves the right to decline issuance of the Policy, in which event
Phoenix Home Life
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will refund the applicant the same amount as would have been refunded under
the Policy had it been issued but returned for refund during the Right to Cancel
Period.
Temporary Insurance Coverage
On the date the application for a Policy is signed and submitted with the
Issue Premium, Phoenix Home Life issues a Temporary Insurance Receipt in
connection with the application. Under the Temporary Insurance Receipt, the
insurance protection applied for (subject to the limits of liability and in
accordance with the terms set forth in the Policy and in the Receipt) takes
effect on the date of the application.
Transfer of Policy Value
Systematic Transfer Program
A Policyowner may elect to transfer funds automatically among the Sub-accounts
or the unloaned portion of the Guaranteed Interest Account ("GIA") on a monthly,
quarterly, semi-annual or annual basis under the Systematic Transfer Program for
Dollar Cost Averaging ("Systematic Transfer Program"). Under this Systematic
Transfer Program, the minimum initial and subsequent transfer amounts are $25
monthly, $75 quarterly, $150 semi-annually, or $300 annually. A Policyowner must
have an initial value of $1,000 in the GIA or the Sub-account that funds will be
transferred from and if the value in that Sub-account or the GIA drops below the
elected transfer amount, the entire remaining balance will be transferred and no
more systematic transfers will be processed. Funds may be transferred from only
one Sub-account or the GIA, but may be allocated to multiple Sub-accounts. Under
the Systematic Transfer Program, Policyowners may make more than one transfer
per Policy Year from the GIA, in approximate equal amounts over a minimum 18
month period. All transfers under the Systematic Transfer Program will be
executed on the basis of the respective values as of the first of the month
following receipt of the transfer request. If the first of the month falls on a
holiday or weekend, then the transfer will be processed on the next succeeding
business day.
Non-Systematic Transfers
Transfers among available Sub-accounts or the GIA and changes in premium
payment allocations may be requested in writing or by calling 1-800-892-4885,
between the hours of 8:30 AM and 4:00 PM Eastern Standard Time and will be
executed on the date the request is received at Variable and Universal Life
Administration, except as noted below. Unless the Policyowner elects in writing
not to authorize telephone transfers or allocation changes, telephone transfer
orders and allocation changes will also be accepted on behalf of the Policyowner
from his or her registered representative. Phoenix Home Life and Phoenix Equity
Planning Corporation ("PEPCO") will employ reasonable procedures to confirm that
telephone instructions are genuine. They will require account and request
verification and will record telephone instructions on tape. All telephone
transfers will be confirmed in writing to the Policyowner. To the extent that
procedures reasonably designed to prevent unauthorized transfers are not
followed, Phoenix Home Life and PEPCO may be liable for following telephone
instructions for transfers that prove to be fraudulent. However, the Policyowner
would bear the risk of loss resulting from instructions entered by an
unauthorized third party that Phoenix Home Life and PEPCO reasonably believe to
be genuine. These telephone privileges may be modified or terminated at any time
and during times of extreme market volatility, may be difficult to exercise. In
such cases, the Policyowner should submit a written request.
Phoenix Home Life reserves the right to permit transfers of less than $500
only if the entire balance in the Sub-account or the GIA is transferred or if
the Systematic Transfer Program has been elected.
Phoenix Home Life reserves the right to prohibit a transfer to any Sub-account
of the VUL Account where the resultant value of the Policy's share in that
Sub-account immediately after the transfer would be less than $500. It further
reserves the right to require that the entire balance of a Sub-account or the
GIA be transferred if the share of the Policy in the value of that Sub-account
would, immediately after the transfer, be less than $500.
Unless Phoenix Home Life agrees otherwise or the Systematic Transfer Program
has been elected, a Policyowner may make only one transfer per Policy Year from
the unloaned portion of the GIA and the amount that may be transferred cannot
exceed the greater of $1,000 or 25% of the value of the Policy in the unloaned
portion of the GIA at the time of the transfer. Non-systematic transfers from
the unloaned portion of the GIA will be effectuated on the date of receipt by
Variable and Universal Life Administration except as otherwise may be requested
by the Policyowner.
For policies issued with the Temporary Money Market Allocation Amendment,
transfers may not be made until termination of the Right to Cancel Period.
Determination of Sub-account Values
The unit value of each Sub-account of the VUL Account was set by Phoenix Home
Life on the first valuation date of each such Sub-account. The unit value of a
Sub-account of the VUL Account on any other Valuation Date is determined by
multiplying the unit value of that Sub-account on the just prior Valuation Date
by the Net Investment Factor for that Sub-account for the then current Valuation
Period. The unit value of each Sub-account of the VUL Account on a day other
than a Valuation Date is the unit value on the next Valuation Date. Unit values
are carried to 6 decimal places. The unit value of each Sub-account of the VUL
Account on a Valuation Date is determined at the end of that day.
The Net Investment Factor for each Sub-account of the VUL Account is
determined by the investment performance of the assets held by the Sub-account
during the Valuation Period. Each valuation will follow applicable law and
accepted procedures. The Net Investment Factor is equal to item (D) below
subtracted from the result of dividing the sum of items (A) and (B) by item (C).
(A) The value of the assets in the Sub-account on the current Valuation Date,
including accrued net investment income and realized and unrealized
capital gains and losses, but excluding the net value of any transactions
during the current Valuation Period.
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(B) The amount of any dividend (or, if applicable, any capital gain
distribution) received by the Sub-account if the "ex-dividend" date for
shares of the Fund occurs during the current Valuation Period.
(C) The value of the assets in the Sub-account as of the just prior Valuation
Date, including accrued net investment income and realized and unrealized
capital gains and losses, and including the net value of all transactions
during the Valuation Period ending on that date.
(D) The sum of the following daily charges multiplied by the number of days in
the current Valuation Period:
1. the mortality and expense risk charge; and
2. the charge, if any, for taxes and reserves for taxes on investment
income, and realized and unrealized capital gains.
Death Benefit
General
The death benefit (under Option 1) equals the Policy's face amount on the date
of the Insured's death or, if greater, the minimum death benefit on the date of
death. Under Option 2, the death benefit equals the Policy's face amount on the
date of the Insured's death plus the Policy Value. Under either Option, the
minimum death benefit is the Policy Value on the date of death of the Insured
increased by the applicable percentage from the table contained in the Policy,
based on the Insured's attained age at the beginning of the Policy Year in which
the death occurs. If no option is elected, Option 1 will apply.
Guaranteed Death Benefit Option
For Policies with a face amount of at least $50,000, a guaranteed death
benefit rider may be purchased. Under this Policy rider, if a Policyowner pays
the required premium each year as specified in the rider, the death benefit
selected will be guaranteed for a certain specified number of years, regardless
of the investment performance of the Policy, and will equal either the initial
face amount or the face amount as later changed by increases or decreases. In
order to keep this guaranteed death benefit In Force, there may be limitations
on the amount of partial surrenders or decreases in face amount permitted.
Living Benefits Option
In the event of a terminal illness of the Insured, an accelerated payment of
up to 75% of the Policy's death benefit (up to a maximum of $250,000) is
available. The minimum face amount of the Policy after any such accelerated
benefit payment is $10,000.
Partial Surrender and Decreases in Face Amount: Effect on
Death Benefit
A partial surrender or a decrease in face amount generally decreases the death
benefit. Upon a decrease in face amount or partial surrender, a partial
surrender charge will be deducted from Policy Value based on the amount of the
decrease or partial surrender. With a decrease in face amount, the death benefit
under a Policy would be reduced on the next Monthly Calculation Day. With a
partial surrender, the death benefit under a Policy would be reduced
immediately. A decrease in the death benefit may have certain tax consequences.
See "Federal Tax Considerations."
Requests for Decrease in Face Amount
A Policyowner may request a decrease in face amount at any time after the
first Policy Year. Unless Phoenix Home Life agrees otherwise, the decrease must
at least equal $10,000 and the face amount remaining after the decrease must at
least equal $25,000. All face amount decrease requests must be in writing and
will be effective on the first Monthly Calculation Day following the date
Phoenix Home Life approves the request. A partial surrender charge will be
deducted from the Policy Value based on the amount of the decrease, upon a
decrease in face amount. The charge will equal the applicable surrender charge
that would apply to a full surrender multiplied by a fraction (the decrease in
face amount divided by the face amount of the Policy before the decrease).
Surrenders
General
At any time during the lifetime of the Insured and while the Policy is In
Force, the Policyowner may partially or fully surrender the Policy by sending a
written release and surrender in a form satisfactory to Phoenix Home Life to
Variable and Universal Life Administration, along with the Policy if Phoenix
Home Life so requires. The amount available for surrender is the Cash Surrender
Value at the end of the Valuation Period during which the surrender request is
received at Variable and Universal Life Administration.
Upon partial or full surrender, Phoenix Home Life generally will pay the
amount surrendered to the Policyowner within seven days after Phoenix Home Life
receives the Written Request for the surrender. Under certain circumstances, the
surrender payment may be postponed. See "General Provisions -- Postponement of
Payments." For the Federal tax effects of partial and full surrenders, see
"Federal Tax Considerations."
Full Surrenders
If the Policy is being fully surrendered, the Policy itself must be returned
to Variable and Universal Life Administration, along with the written release
and surrender of all claims in a form satisfactory to Phoenix Home Life. A
Policyowner may elect to have the amount paid in a lump sum or under a payment
option. See "Surrender Charge" and "Payment Options."
Partial Surrenders
A Policyowner may obtain a partial surrender of the Policy by requesting that
part of the Policy's Cash Surrender Value be paid. The Policyowner may do this
at any time during the lifetime of the Insured while the Policy is In Force with
a Written Request to Variable and Universal Life Administration. Phoenix Home
Life reserves the right to require that the Policy be returned before payment is
made. A partial surrender will be effective on the date the Written Request is
received or, if required, the date the Policy is received. Surrender proceeds
may be applied under any of the payment
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options described under "Payment of Proceeds -- Payment Options."
Phoenix Home Life reserves the right not to allow partial surrenders of less
than $500. In addition, if the share of the Policy Value in any Sub-account or
in the Guaranteed Interest Account that would be reduced as a result of a
partial surrender would, immediately after the partial surrender, be less than
$500, Phoenix Home Life reserves the right to require that as part of any
partial surrender, the entire remaining balance in that Sub-account or the
Guaranteed Interest Account be surrendered.
Upon a partial surrender the Policy Value will be reduced by the sum of the
following:
(i) The Partial Surrender Amount Paid. This amount comes from a reduction in
the Policy's share in the value of each Sub-account or the Guaranteed
Interest Account based on the allocation requested at the time of the
partial surrender. If no allocation request is made, the assessment to
each Sub-account will be made in the same manner as that provided for
monthly deductions.
(ii) The Partial Surrender Fee. This fee is the lesser of $25 or 2% of the
partial surrender amount paid. The assessment to each Sub-account or the
Guaranteed Interest Account will be made in the same manner as provided
for the partial surrender amount paid.
(iii) A Partial Surrender Charge. This charge is equal to a pro- rata portion
of the applicable surrender charge that would apply to a full surrender,
determined by multiplying the applicable surrender charge by a fraction
(equal to the partial surrender amount payable divided by the result of
subtracting the applicable surrender charge from the Policy Value). This
amount is assessed against the Sub-account or the Guaranteed Interest
Account in the same manner as provided for the partial surrender amount
paid.
The Cash Surrender Value will be reduced by the partial surrender amount paid
plus the partial surrender fee. The Face Amount of the Policy will also be
reduced by the same amount as the Policy Value is reduced as described above.
The benefit payment under the Living Benefits Rider is not considered a
partial surrender.
Policy Loans
While the Policy is In Force, a loan may be obtained against the Policy up to
the available loan value. The loan value on any day is 90% of the result of
subtracting the then remaining surrender charge from the Policy Value. The
available loan value is the loan value on the current day less any outstanding
Debt.
The amount of any loan will be added to the loaned portion of the Guaranteed
Interest Account and subtracted from the Policy's share of the Sub-accounts or
the unloaned portion of the Guaranteed Interest Account, based on the allocation
requested at the time of the loan. The total reduction will equal the amount
added to the loaned portion of the Guaranteed Interest Account. Allocations must
generally be expressed in terms of whole percentages. If no allocation request
is made, the amount subtracted from the share of each Sub-account or the
unloaned portion of the Guaranteed Interest Account will be determined in the
same manner as provided for monthly deductions. Interest will be credited and
the loaned portion of the GIA will increase at an effective annual rate of
6.00%, compounded daily and payable in arrears. At the end of each Policy Year
and at the time of any Debt repayment, interest credited to the loaned portion
of the GIA will be transferred to the unloaned portion of the GIA.
Debt may be repaid at any time during the lifetime of the Insured while the
Policy is In Force. Any Debt repayment received by Phoenix Home Life during a
grace period will be reduced to cover any overdue monthly deductions and only
the balance will be applied to reduce the Debt. Such balance, in excess of any
outstanding accrued loan interest, will be applied to reduce the loaned portion
of the Guaranteed Interest Account and will be transferred to the unloaned
portion of the Guaranteed Interest Account to the extent that loaned amounts
taken from such Account have not previously been repaid. Otherwise, such balance
will be transferred among the Sub-accounts as the Policyowner requests upon
repayment and, if no allocation request is made, according to the most recent
premium allocation schedule on file.
While there is outstanding Debt on the Policy, any payments received by
Phoenix Home Life for the Policy will be applied directly to reduce the Debt
unless specified as a premium payment by the Policyowner. Until the Debt is
fully repaid, additional Debt repayments may be made at any time during the
lifetime of the Insured while the Policy is In Force.
Failure to repay a policy loan or to pay loan interest will not terminate the
Policy except as otherwise provided under the terms of the Policy concerning the
grace period and lapse.
The proceeds of Policy loans may be subject to Federal income tax under
certain circumstances. See "Federal Tax Considerations."
In the future, Phoenix Home Life may set a minimum Policy loan amount not to
exceed $200. However, any such minimum loan amount will not apply to any loan,
the proceeds of which are used to pay a premium due on another policy issued by
Phoenix Home Life.
The Policyowner will pay interest on the loan at an effective annual rate,
compounded daily and payable in arrears. For the first ten Policy Years or until
the Policyowner reaches age 65, whichever occurs first, the rate will be 8.00%
and thereafter the rate will be 7.00%. At the end of each Policy Year, any
interest due on the Debt will be treated as a loan and will be offset by a
transfer from the Policyowner's values to the value of the loaned portion of the
Guaranteed Interest Account.
A Policy loan, whether or not repaid, has a permanent effect on the Policy
Value because the investment results of the Sub-accounts or unloaned portion of
the Guaranteed Interest Account will apply only to the amount remaining in the
Sub-accounts or the unloaned portion of the Guaranteed Interest Account. The
longer a loan is outstanding, the greater the effect is likely to be. The effect
could be favorable or unfavorable. If the Sub-accounts or the unloaned portion
of the Guaranteed Interest Account earn more than 6.00% per annum, which is the
annual interest rate for funds held in the loaned portion of the Guaranteed
Interest Account, Pol-
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icy Value does not increase as rapidly as it would have had no loan been made.
If the Sub-accounts or the Guaranteed Interest Account earn less than 6.00% per
annum, Policy Value is greater than it would have been had no loan been made. A
Policy loan, whether or not repaid, also has an effect on the Policy's Death
Benefit due to any resulting differences in Cash Surrender Value.
Lapse
Unlike conventional life insurance policies, the payment of the Issue Premium,
no matter how large, or the payment of additional premiums will not necessarily
continue the Policy In Force to its Maturity Date. Policy Value must remain
positive to avoid lapse. Beginning in the third Policy Year, the Cash Surrender
Value must also be positive to avoid lapse. However, until the Cash Surrender
Value becomes positive for the first time, the Policy will not lapse as long as
all premiums planned at issue have been paid. Subject to the foregoing, lapse
will occur when the Cash Surrender Value is insufficient to cover the monthly
deduction, and a grace period expires without payment of the additional amount
required. If the Cash Surrender Value is insufficient to cover the monthly
deduction, the Policyowner must pay during the grace period the amount equal to
three times the required monthly deduction. See "Charges and Deductions."
If on any Monthly Calculation Day during the first two Policy Years, the
Policy Value is insufficient to cover the monthly deduction, a grace period of
61 days will be allowed for the payment of an amount equal to three times the
required monthly deduction. If on any Monthly Calculation Day during any
subsequent Policy Year, the Cash Surrender Value (which has become positive) is
less than the required monthly deduction, a grace period of 61 days will be
allowed for the payment of an amount equal to three times the required monthly
deduction. The Policy will continue In Force during any such grace period
although, Sub-account transfers, loans, partial or full surrenders will not be
permitted. Failure to pay the additional amount within the grace period will
result in lapse of the Policy, but not before 30 days have elapsed since Phoenix
Home Life mailed written notice to the Policyowner. If a premium payment for the
additional amount is received by Phoenix Home Life during the grace period, any
amount of premium over what is required to prevent lapse will be allocated among
the Sub-accounts of the VUL Account or to the Guaranteed Interest Account in
accordance with the then current premium allocation schedule. In determining the
amount of "excess" premium to be applied to the Sub-accounts or the Guaranteed
Interest Account, Phoenix Home Life will deduct the premium tax and the amount
needed to cover any monthly deductions made during the grace period. If the
Insured dies during the grace period, the death benefit will equal the amount of
the death benefit immediately prior to the commencement of the grace period.
Payment of Premiums During Period of Disability
A Policyholder may also elect a Waiver of Premium Rider. This rider provides
for the waiver of certain premium payments under the Policy under certain
conditions during a period of total disability of the Insured. Under its terms,
the specified premium will be waived upon Phoenix Home Life's receipt of proof
that the insured is totally disabled and that the disability occurred while the
rider was In Force. The terms of this rider may vary by state.
Additional Insurance Options
While the Policy is In Force and the Policyowner is insurable, the Policyowner
will have the option to purchase additional insurance on the same Insured with
the same guaranteed rates as the Policy without being assessed an Issue Expense
Charge. Phoenix Home Life will require evidence of insurability and charges will
be adjusted for the Insured's new attained age and any change in risk
classification. However, if elected on the application, the Policyowners may, at
predetermined future dates, purchase additional insurance protection on the same
Insured without evidence of insurability (See "Purchase Protection Plan
Riders").
In addition, once each Policy Year, a Policyowner may request an increase in
face amount. This request should be made within 90 days prior to the Policy
Anniversary and is subject to an issue expense charge of $3.00 per $1,000 of
increase in face amount, up to a maximum of $150, and to Phoenix Home Life's
receipt of adequate evidence of insurability. A Right to Cancel Period as
described in "The Policy" section of this Prospectus applies to each increase in
face amount.
Additional Rider Benefits
A Policyowner may purchase additional benefits under a Policy. These benefits
are cancellable by the Policyowner at any time. A charge will be deducted
monthly from your Policy Value for each additional rider benefit you choose
except where noted below. Riders listed below that specify "no charge" are
automatically included in your policy. More details will be included in the form
of a rider to your Policy if you choose any of these benefits. The following
benefits are currently available; however, additional riders may be available as
described in the Policy.
(bullet) Disability Waiver of Specified Premium Rider
Phoenix Home Life waives the specified premium if the Insured becomes totally
disabled and the disability continues for at least six months. Premiums will
be waived to the Policy Anniversary nearest the Insured's 65th birthday
(provided that the disability continues), unless premiums have been waived
continuously during the entire five years prior to such date in which case the
waiver will continue beyond that date. The premium will be waived upon Phoenix
Home Life's receipt that the Insured is totally disabled and that the
disability occurred while the rider was In Force. The terms may vary by State.
(bullet) Accidental Death Benefit Rider
An additional death benefit will be paid if the Insured dies from bodily
injury that results from an accident if the Insured dies no
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later than 90 days after injury; and before the Policy Anniversary nearest the
Insured's 75th birthday.
(bullet) Death Benefit Protection Rider
The purchase of this rider provides that the death benefit will be guaranteed.
The amount of the guaranteed death benefit is equal to the initial face
amount, or the face amount that may later be increased or decreased by the
Policyholder provided that certain minimum premiums are paid. Unless Phoenix
Home Life agrees otherwise, the initial face amount and the face amount
remaining after any decrease must at least equal $50,000 and the minimum issue
age of the Insured is 20. Three (3) death benefit guarantee periods are
available in all States except New York. The minimum premium required to
maintain the guaranteed death benefit is based on the length of the guarantee
period as elected on the application. The 3 available guarantee periods are:
Level: Expiry Date of Death Benefit
Guaranteed, the later of:
1 The policy anniversary nearest the
Insured's 70th birthday or the 7th
Policy Year
2 The policy anniversary nearest the
Insured's 80th birthday or the 10th
Policy Year
3 The policy anniversary nearest the
Insured's 95th birthday.
Level 1 or 2 guarantees may be extended provided that the Policy's Cash
Surrender Value is sufficient and the Policyowner pays the new Minimum Required
Premium.
For Policies issued in New York, 2 guarantee periods are available:
1 The policy anniversary nearest the Insured's 75th birthday or the 10th
Policy Year
2 The policy anniversary nearest the Insured's 95th birthday.
(bullet) Face Amount of Insurance Increase Rider
Under the terms of this rider, any time after the first Policy Anniversary, a
Policyholder may request an increase in the face amount of insurance provided
under the Policy. Requests for face amount increases must be made in writing,
and Phoenix Home Life requires additional evidence of insurability. The
effective date of the increase will generally be the Policy Anniversary
following approval of the increase. The increase may not be less than $25,000
and no increase will be permitted after the Insured's age 75. The charge for
the increase is $3 per thousand of face amount increase requested subject to a
maximum of $150. No additional monthly administration charge will be assessed
for face amount increases. Phoenix Home Life will deduct any charges
associated with the increase (the increases in cost of insurance charges),
from the Policy Value, whether or not the Policyowner pays an additional
premium in connection with the increase. The surrender charge applicable to
the Policy will also increase. At the time of the increase, the Cash Surrender
Value must be sufficient to pay the monthly deduction on that date, or
additional premiums will be required to be paid on or before the effective
date. Also, a new Right to Cancel period (see "The Policy -- Right to Cancel
Period") will be established for the amount of the increase. For a discussion
of possible implications of a material change in the Policy resulting from the
increase, see "Material Change Rules." There is no charge for this rider.
(bullet) Whole Life Exchange Option Rider
This rider permits the Policyowner to exchange his Policy for a fixed-benefit
whole life policy at the later of age 65 or Policy Year 15. There is no charge
for this rider.
(bullet) Purchase Protection Plan Rider
Under this rider a Policyowner may, at pre-determined future dates, purchase
additional insurance protection without evidence of insurability.
(bullet) Living Benefits Rider
Under certain conditions, in the event of the terminal illness of the Insured,
an accelerated payment of up to 75% of the Policy's death benefit (up to a
maximum of $250,000) is available. The minimum face amount of the Policy after
any such accelerated benefit payment is $10,000. There is no charge for this
rider.
INVESTMENTS OF THE VUL ACCOUNT
Participating Mutual Fund
Each Sub-account of the VUL Account invests solely in shares of a corresponding
portfolio of The Phoenix Edge Series Fund (the "Fund"), a Massachusetts business
trust. The Fund currently has the following Series available through the
Policies:
Money Market Series: The investment objective of the Money Market Series is to
provide maximum current income consistent with capital preservation and
liquidity.
Growth Series: The investment objective of the Growth Series is to achieve
intermediate and long-term growth of capital, with income as a secondary
consideration.
Bond Series: The investment objective of the Bond Series is to seek long-term
total return by investing in a diversified portfolio of high yield (high risk)
and high quality fixed income securities. For a discussion of the risks
associated with investing in high yield bonds, please see the accompanying Fund
prospectus.
Total Return Series: The investment objective of the Total Return Series is to
realize as high a level of total rate of return over an extended period of time
as is considered consistent with prudent investment risk (total rate of return
consists of capital appreciation, current income, including dividends and
interest, possible premiums and short-term gains from purchasing and selling
options and financial futures).
International Series: The investment objective of the International Series is
to seek a high total return consistent with reasonable risk. The International
Series intends to invest primarily in an internationally diversified portfolio
of equity securities. It intends to reduce its risk by engaging in hedging
transactions involving options, futures contracts and foreign currency
transactions. The International Series provides a means for investors to invest
a portion of their assets outside the United States.
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Balanced Series: The investment objective of the Balanced Series is to seek
reasonable income, long-term capital growth and conservation of capital. The
Balanced Series intends to invest based on combined considerations of risk,
income, capital enhancement and protection of capital value.
Real Estate Series: The investment objective of the Real Estate Securities
Series is to seek capital appreciation and income with approximately equal
emphasis. It intends under normal circumstances to invest in marketable
securities of publicly traded real estate investment trusts (REITs) and
companies that operate, develop, manage and/or invest in real estate located
primarily in the United States.
Strategic Theme Series: The investment objective of the Strategic Theme Series
is to seek long-term appreciation of capital by identifying securities
benefiting from long-term trends present in the United States and abroad. The
Strategic Theme Series intends to invest primarily in common stocks believed to
have substantial potential for capital growth.
Each Series will be subject to the market fluctuations and risks inherent in
the ownership of any security and there can be no assurance that any Series'
stated investment objective will be realized.
In addition to being sold to the VUL Account, shares of the Fund are also sold
to the Phoenix Home Life Variable Accumulation Account, a separate account
utilized by Phoenix Home Life to receive and invest premiums paid under certain
variable annuity contracts issued by Phoenix Home Life. Shares of the Fund may
also be sold to other separate accounts of Phoenix Home Life or its affiliates
or of other insurance companies.
It is conceivable that in the future it may be disadvantageous for variable
life insurance separate accounts and variable annuity separate accounts to
invest in the Fund simultaneously. Although neither Phoenix Home Life nor the
Fund currently foresees any such disadvantages either to variable life insurance
Policyowners or to variable annuity Contractowners, the Fund's Trustees intend
to monitor events in order to identify any material conflicts between variable
life insurance Policyowners and variable annuity Contractowners and to determine
what action, if any, should be taken in response thereto. Material conflicts
could result from, for example, (1) changes in state insurance laws, (2) changes
in Federal income tax laws, (3) changes in the investment management of any
portfolio of the Fund, or (4) differences in voting instructions between those
given by variable life insurance Policyowners and those given by variable
annuity Contract- owners. Phoenix Home Life will, at its own expense, remedy
such material conflict including, if necessary, segregating the assets
underlying the variable life insurance policies and the variable annuity
contracts and establishing a new registered investment company.
Investment Adviser to The Phoenix Edge Series Fund
The Fund's investment advisers are Phoenix Investment Counsel, Inc. ("PIC")
and Phoenix Realty Securities, Inc. ("PRS") (the "Advisers"), which are located
at 56 Prospect Street, Hartford, Connecticut 06115. PIC was originally organized
in 1932 as John P. Chase, Inc. In addition to the services it provides to the
Fund, PIC also serves as investment adviser to the Phoenix Series Fund, Phoenix
Total Return Fund, Inc., and Phoenix Multi-Portfolio Fund and as sub-adviser to
the Chubb America Fund, Inc., American Skandia Trust, SunAmerica Series Trust
and JNL Series Trust.
PRS was formed in 1994 as an indirect subsidiary of Phoenix Home Life. In
addition to the Fund, it also serves as investment adviser to the Real Estate
Portfolio of the Phoenix Multi Portfolio Fund.
ABKB/LaSalle Securities Limited Partnership (ABKB), a subsidiary of LaSalle
Partners, serves as sub-adviser to the Real Estate Series. ABKB's principal
place of business is located at 100 East Pratt Street, Baltimore, Maryland
21202. ABKB has been a registered investment adviser since 1979.
All of the outstanding stock of PIC is owned by Phoenix Equity Planning
Corporation ("PEPCO"), an indirect subsidiary of Phoenix Home Life. PEPCO also
performs bookkeeping and pricing and administrative services for the Fund. PEPCO
is registered as a broker-dealer in fifty states. The executive offices of
Phoenix Home Life are located at One American Row, Hartford, Connecticut 06115
and the principal offices of PEPCO are located at 100 Bright Meadow Boulevard,
P.O. Box 2200, Enfield, Connecticut 06083-2200.
Reinvestment and Redemption
All dividend distributions of the Fund are automatically reinvested in shares
of the Fund at their net asset value on the date of distribution; all capital
gains distributions of the Fund, if any, are likewise reinvested at the net
asset value on the record date. Phoenix Home Life redeems Fund shares at their
net asset value to the extent necessary to make payments under the Policy.
Substitution of Investments
Phoenix Home Life reserves the right, subject to compliance with the law as
currently applicable or subsequently changed, to make additions to, deletions
from, or substitutions for the investments held by the VUL Account. In the
future Phoenix Home Life may establish additional Sub-accounts within the VUL
Account, each of which will invest solely in shares of a designated portfolio of
the Fund with a specified investment objective. These portfolios will be
established if, and when, in the sole discretion of Phoenix Home Life, marketing
needs and investment conditions warrant, and will be made available under
existing Policies to the extent and on a basis to be determined by Phoenix Home
Life.
If shares of any of the portfolios of the Fund should no longer be available
for investment, or if in the judgment of Phoenix Home Life's management further
investment in shares of any of the portfolios should become inappropriate in
view of the objectives of the Policy, then Phoenix Home Life may substitute
shares of another mutual fund for shares already purchased, or to be purchased
in the future, under the Policy. No substitution of mutual fund shares held by
the VUL Account may take place without prior approval of the Securities and
Exchange Commission, and prior notice to the Policyowner. In the event of a
substitution, the Policyowner will be given the option of transferring the
Policy Value of the Sub-account in which the substitution is to occur to another
Sub-account.
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Performance History
From time to time the VUL Account may include the performance history of any
or all Sub-accounts, in advertisements, sales literature or reports. Performance
information about each Sub-account is based on past performance only and is not
an indication of future performance. Performance information may be expressed as
yield and effective yield of the Money Market Sub-account, as yield of the Bond
Sub-account and as total return of any Sub-account. Current yield for the Money
Market Sub-account will be based on the income earned by the Sub-account over a
given 7-day period (less a hypothetical charge reflecting deductions for
expenses taken during the period) and then annualized, i.e., the income earned
in the period is assumed to be earned every seven days over a 52-week period and
is stated in terms of an annual percentage return on the investment. Effective
yield is calculated similarly but reflects the compounding effect of earnings on
reinvested dividends. Yield and effective yield reflect the recurring charges on
the Account level including the monthly administrative charge.
Yield calculations of the Money Market Sub-account used for illustration
purposes are based on the consideration of a hypothetical participant's account
having a balance of exactly one Unit at the beginning of a seven day period,
which period will end on the date of the most recent financial statements. The
yield for the Sub-account during this seven day period will be the change in the
value of the hypothetical participant's account's original Unit. The following
is an example of this yield calculation for the Money Market Sub-account based
on a seven day period ending December 31, 1995.
Example:
Assumptions:
Value of hypothetical pre-existing account
with exactly one unit at the
beginning of the period:..................... *
Value of the same account (excluding capital
changes) at the end of the seven day period: *
Calculation:
Ending account value ........................ *
Less beginning account value ................ *
Net change in account value ................. *
Base period return:
(adjusted change/beginning account value) ... *
Current yield = return x (365/7)= .......... *
Effective yield = [( 1 + return)365/7] - 1 = *
*[To be filed by Amendment]
The current yield and effective yield information will fluctuate, and
publication of yield information may not provide a basis for comparison with
bank deposits, other investments which are insured and/or pay a fixed yield for
a stated period of time, or other investment companies, due to charges which
will be deducted on the Account level.
For the Bond Sub-account, quotations of yield will be based on all investment
income per unit earned during a given 30-day period (including dividends and
interest), less expenses accrued during the period ("net investment income"),
and are computed by dividing net investment income by the maximum offering price
per unit on the last day of the period.
When a Sub-account advertises its total return, it will usually be calculated
for one year, five years, and ten years or since inception if the Sub-account
has not been in existence for at least ten years. Total return is measured by
comparing the value of a hypothetical $10,000 investment in the Sub-account at
the beginning of the relevant period to the value of the investment at the end
of the period, assuming the reinvestment of all distributions at net asset value
and the deduction of an applicable Policy charges except for cost of insurance
and surrender charges (which vary by Insured) and premium taxes (which vary by
state) at the beginning of the relevant period.
For those Sub-accounts within the VUL Account that have not been available for
one of the quoted periods, the standardized average annual total return
quotations will show the investment performance such Sub-account would have
achieved (reduced by the applicable charges) had it been available to invest in
shares of the Fund for the period quoted.
Below are quotations of standardized average annual total return calculated as
described above.
Average Annual Total Return
For the period Ended 12/31/94
Sub- Commencement
account Date 1 Year 5 Years 10 Years Life of Fund
- -------- -------- ------ ------- -------- ------------
Bond ......... 01/01/83
Balanced ..... 05/01/92 [To be filed by Amendment]
Total
Return ..... 09/17/84
Growth ....... 01/01/83
International 05/01/90
Real
Estate ..... 05/01/95
Annual Total Returns
- -------------------- Total
Year Bond Balanced Return Growth International
- --------- ----- ------ ------ ----- ------------
1983...... 5.1% N/A N/A 31.7% N/A
1984...... 10.3% N/A -1.4% 9.7% N/A
1985...... 19.5% N/A 26.2% 33.7% N/A
1986...... 18.2% N/A 14.7% 19.4% N/A
1987...... 0.2% N/A 11.6% 6.0% N/A
1988...... 9.5% N/A 1.4% 3.0% N/A
1989...... 6.9% N/A 18.4% 34.4% N/A
1990...... 4.4% N/A 5.1% 3.2% -8.9%
1991...... 18.5% N/A 28.1% 41.5% 18.7%
1992...... 9.1% 8.8% 9.7% 9.3% -13.6%
1993...... 15.0% 7.8% 10.1% 18.8% 37.3%
1994...... -6.2% -3.6% -2.2% 0.7% -0.7%
1995...... [To be filed by Amendment]
Real Strategic
Year Estate Theme
- ------ ------- -----
1983.... N/A N/A
1984.... N/A N/A
1985.... N/A N/A
1986.... N/A N/A
1987.... N/A N/A
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Real Strategic
Year Estate Theme
- ------ ------- -----
1988.... N/A N/A
1989.... N/A N/A
1990.... N/A N/A
1991.... N/A N/A
1992.... N/A N/A
1993.... N/A N/A
1994.... N/A N/A
1995.... [To be filed by Amendment]
THESE RATES OF RETURN ARE NOT AN ESTIMATE OR GUARANTEE OF FUTURE PERFORMANCE.
THEY DO NOT ILLUSTRATE HOW ACTUAL PERFORMANCE WILL AFFECT THE BENEFITS UNDER A
POLICY; FOR THIS INFORMATION SEE APPENDIX B "ILLUSTRATIONS OF DEATH BENEFITS,
POLICY VALUES AND CASH SURRENDER VALUES."
The Fund's Annual Report, available upon request and without charge, contains
a discussion of the performance of the Fund and a comparison of that performance
to a securities market index.
CHARGES AND DEDUCTIONS
Charges are deducted in connection with the Policy to compensate Phoenix Home
Life for: (1) incurring expenses in distributing the Policy; (2) issuing the
Policy; (3) premium taxes incurred on premiums received; (4) providing the
insurance benefits set forth in the Policy; and (5) assuming certain risks in
connection with the Policy. The nature and amount of these charges are described
more fully below.
1. Monthly Deduction
A charge is deducted monthly from the Policy Value under a Policy ("monthly
deduction") to pay: the cost of insurance provided under the Policy, the cost of
any rider benefits provided, any unpaid balance of the issue expense charge, and
an administrative charge. This administrative charge is currently set at $5.00
per month but it is guaranteed not to exceed $10.00 per month. The monthly
deduction is deducted on each Monthly Calculation Day. It is allocated among the
Sub-accounts of the VUL Account and the unloaned portion of the Guaranteed
Interest Account based on the allocation schedule for monthly deductions
specified by the applicant in the application for a Policy or as later changed
by the Policyowner. In the event that the Policy's share in the value of the
Sub-accounts or the unloaned portion of the Guaranteed Interest Account is
insufficient to permit the withdrawal of the full monthly deduction, the
remainder will be taken on a proportionate basis from the Policy's share of each
of the other Sub-accounts and the unloaned portion of the Guaranteed Interest
Account. The number of units deducted will be determined by dividing the portion
of the monthly deduction allocated to each Sub-account or to the unloaned
portion of the Guaranteed Interest Account by the unit value on the Monthly
Calculation Day. Because portions of the monthly deduction, such as the cost of
insurance, can vary from month to month, the monthly deduction itself may vary
in amount from month to month.
(a) Issue Expense Charge. A cost-based issue administration charge of $150 is
assessed on a pro rata basis in equal monthly installments over a 12 month
period to compensate Phoenix Home Life for underwriting and start-up
expenses in connection with issuing a Policy. Phoenix Home Life may reduce
or eliminate the Issue Expense Charge for Policies issued under group or
sponsored arrangements. Generally, administrative costs per Policy vary
with the size of the group or sponsored arrangement, its stability as
indicated by its term of existence and certain characteristics of its
members, the purposes for which the Policies are purchased and other
factors. The amounts of any reductions will be considered on a
case-by-case basis and will reflect the reduced administration costs
expected as a result of sales to a particular group or sponsored
arrangement.
(b) Cost of Insurance. In order to calculate the cost of insurance charge,
Phoenix Home Life multiplies the applicable cost of insurance rate by the
difference between the death benefit selected (death benefit Option 1 if
no selection is made) and the Policy Value. Generally, cost of insurance
rates are based on the sex, attained age and risk class of the Insured.
However, in certain states and for policies issued in conjunction with
certain qualified plans, cost of insurance rates are not based on sex. The
actual monthly cost of insurance rates are based on Phoenix Home Life's
expectations of future experience. They will not, however, be greater than
the guaranteed cost of insurance rates set forth in the Policy. These
guaranteed maximum rates are equal to 100% of the 1980 Commissioner's
Standard Ordinary ("CSO") Mortality Table, with appropriate adjustment for
the Insured's risk classification. Any change in the cost of insurance
rates will apply to all persons of the same sex, insurance age and risk
class whose Policies have been In Force for the same length of time. The
risk class of an Insured may affect the cost of insurance rate. Phoenix
Home Life currently places Insureds into a standard risk class or a risk
class involving a higher mortality risk, depending upon the health of the
Insured as determined by medical information that Phoenix Home Life
requests. In an otherwise identical Policy, Insureds in the standard risk
class will have a lower cost of insurance than those in the risk class
with the higher mortality risk. The standard risk class is also divided
into three categories: smokers and nonsmokers and those who have never
smoked. Non-smokers will generally incur a lower cost of insurance than
similarly situated Insureds who smoke.
2. Premium Taxes. Various states and subdivisions impose a tax on premiums
received by insurance companies. Premium taxes vary from state to state. The
assessment made for each premium paid is equal to the tax assessed by the state
in which the Policyowner resides according to Phoenix Home Life's records at the
time of the payment. Currently, the taxes imposed by states on premiums range
from 0.75% to 4% of premiums paid. Moreover, certain municipalities in
Louisiana, Kentucky and South Carolina also impose taxes on premiums paid, in
addition to the state taxes imposed by these states. The premium tax charge
represents an
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amount Phoenix Home Life considers necessary to pay all premium taxes imposed
by such states and any subdivisions thereof, and Phoenix Home Life does not
expect to derive a profit from this charge. These taxes are deducted from the
Issue Premium, and from each subsequent premium payment.
3. Mortality and Expense Risk Charge
Phoenix Home Life will deduct a daily charge from the VUL Account at an annual
rate of 0.80% of the average daily net assets of the VUL Account to compensate
for certain risks assumed in connection with the Policy. This charge is not
deducted from the Guaranteed Interest Account.
The mortality risk assumed by Phoenix Home Life is that Insureds may live for
a shorter time than projected because of inaccuracies in that projecting process
and, accordingly, that an aggregate amount of death benefits greater than that
projected will be payable. The expense risk assumed is that expenses incurred in
issuing the Policies may exceed the limits on administrative charges set in the
Policies. If the expenses do not increase to an amount in excess of the limits,
or if the mortality projecting process proves to be accurate, Phoenix Home Life
may profit from this charge. Phoenix Home Life also assumes risks with respect
to other contingencies including the incidence of Policy loans, which may cause
Phoenix Home Life to incur greater costs than anticipated when designing the
Policies. To the extent Phoenix Home Life profits from this charge, it may use
those profits for any proper purpose, including the payment of sales expenses or
any other expenses that may exceed income in a given year.
4. Investment Management Charge
As compensation for their investment management services to the Fund, the
Advisers are entitled to fees, payable monthly and based on an annual percentage
of the average aggregate daily net asset values of each Series as summarized in
the following tables:
Phoenix Investment Counsel, Inc.
--------------------------------
Rate for First Rate for Next Rate for Excess Over
Series $250,000,000 $250,000,000 $500,000,000
- ------ ------------ ------------ ------------
Money Market .40% .35% .30%
Bond .50% .45% .40%
Balanced .55% .50% .45%
Total Return .60% .55% .50%
Growth .70% .65% .60%
International .75% .70% .65%
Strategic
Theme .75% .70% .65%
Phoenix Realty Securities, Inc.
-------------------------------
Rate for First Rate for Next Rate for Excess Over
Series $1,000,000,000 $1,000,000,000 $2,000,000,000
- ------ -------------- -------------- --------------
Real Estate .75% .70% .65%
In addition, each Series pays a portion or all of its other operating expenses
other than the management fees; the Growth, Bond, Total Return, Money Market and
Balanced Series will pay up to .15%; the Real Estate and Strategic Theme Series
will pay up to .25%; the International Series will pay up to .40%; the Wanger
U.S. Small Cap Series will pay up to .17%; and the Wanger International Small
Cap Series will pay up to .27% of its total net assets.
5. Other Charges
Surrender Charge
For the first ten Policy Years, there is a difference between the amount of
Policy Value and the amount of Cash Surrender Value of the Policy. This
difference is the surrender charge, consisting of a contingent deferred sales
charge designed to recover expenses for the distribution of Policies that are
terminated by surrender before distribution expenses have been recouped, and a
contingent deferred issue charge designed to recover expenses for the
administration of Policies that are terminated by surrender before
administrative expenses have been recouped. These are contingent charges because
they are paid only if the Policy is surrendered (or the Face Amount is reduced
or the Policy lapses) during the first 10 Policy Years. They are deferred
charges because they are not deducted from premiums. The contingent deferred
issue charge is set at a level designed to recover actual costs and is not
designed to result in any profit to Phoenix Home Life.
In Policy Years one through ten the full Surrender Charge as described below
will apply if the Policyowner either surrenders the Policy for its Cash
Surrender Value or lets the Policy lapse. The applicable Surrender Charge in any
Policy Month is the full Surrender Charge minus any surrender charges that have
been previously paid. There is no Surrender Charge after the 10th Policy Year.
The maximum Surrender Charge that a Policyowner could pay while he or she owns
the Policy is equal to either A plus B (as defined below) or the amount shown in
the table on Schedule Page 4 of the Policy, whichever is less.
A (the contingent deferred sales charge) is equal to:
1) 30% of all premiums paid (up to and including the amount stated on
Schedule Page 4 of the Policy, which is calculated according to a
formula contained in a Securities and Exchange Commission rule); plus
2) 10% of all premiums paid in excess of this amount but not greater than
twice this amount; plus
3) 9% of all premiums paid in excess of twice this amount.
B (the contingent deferred issue charge) is equal to:
$5.00 per $1,000 of initial Face Amount.
As an example, the following illustrates the maximum Surrender Charge on a
$100,000 Policy for a male age 35 who has never smoked who has paid $3,000 in
premium payments, and who surrenders the Policy in the 70th Policy Month.
Schedule Page 4 of the Policy would show that the maximum Surrender Charge to be
paid would be equal to either A plus B (shown below) or the
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amount shown in the chart in the Policy (also shown below), whichever
is less:
A is equal to:
1) 30% of all premiums paid, up to $1,058.45 (equals $317.54); plus
2) 10% of all premiums paid in excess of $1,058.45 but not greater than
$2,116.90 (equals $105.83); plus
3) 9% of all premiums paid in excess of $2,116.90 (equals $79.48); plus
B which is equal to $500.
Therefore A plus B is equal to $1,002.87.
The chart that would be shown in the Policy is reproduced below:
MAXIMUM SURRENDER CHARGE TABLE
Policy Surrender Policy Surrender Policy Surrender
Month Charge Month Charge Month Charge
- ------ ------- ------ ------- ------ -------
1-60 $1029.22 80 $823.38 100 $531.90
61 1018.93 81 813.09 101 516.26
62 1008.64 82 802.80 102 500.61
63 998.35 83 792.50 103 484.97
64 988.06 84 782.21 104 469.33
65 977.76 85 766.57 105 453.68
66 967.47 86 750.92 106 438.04
67 957.18 87 735.28 107 422.39
68 946.89 88 719.63 108 406.75
69 936.59 89 703.99 109 372.85
70 926.30 90 688.35 110 338.96
71 916.01 91 672.70 111 305.06
72 905.72 92 657.06 112 271.17
73 895.43 93 641.41 113 237.27
74 885.13 94 625.77 114 203.37
75 874.84 95 610.12 115 169.48
76 864.55 96 594.48 116 135.58
77 854.26 97 578.84 117 101.69
78 843.96 98 563.19 118 67.79
79 833.67 99 547.55 119 33.90
120 .00
If the Surrender occurred in Policy Month 70, the Policyowner would pay the
lesser of $1002.87 (as computed above) or $926.30 (amount in table above). This
Policyowner would pay a Surrender Charge of $926.30. Phoenix Home Life may
reduce the surrender charge for Policies issued under group or sponsored
arrangements. The amounts of reductions will be considered on a case-by-case
basis and will reflect the reduced costs to Phoenix Home Life expected as a
result of sales to a particular group or sponsored arrangement.
Partial Surrender Fee
A fee equal to the lesser of $25 or 2% of the amount withdrawn from the Policy
is deducted from the Policy Value upon a partial surrender of the Policy to
recover the actual costs of processing the partial surrender request. The
assessment to each Sub-account or to the Guaranteed Interest Account will be
made in the same manner as provided for the partial surrender amount paid. That
is, that the Policy's share in the value of each Sub-account or the Guaranteed
Interest Account will be reduced based on the allocation made at the time of the
partial surrender. If no allocation request is made, the assessment to each
Sub-account and to the Guaranteed Interest Account will be made in the same
manner as provided for monthly deductions.
Partial Surrender Charge
A charge as described below is deducted from the Policy Value upon a partial
surrender of the Policy. The charge is equal to a pro-rata portion of the
applicable surrender charge that would apply to a full surrender, determined by
multiplying the applicable surrender charge by a fraction (equal to the partial
surrender amount payable divided by the result of subtracting the applicable
surrender charge from the Policy Value). This amount is assessed against the
Sub-accounts or the Guaranteed Interest Account in the same manner as provided
for with respect to the partial surrender amount paid.
A partial surrender charge is also deducted from Policy Value upon a decrease
in Face Amount. The charge is equal to the applicable surrender charge
multiplied by a fraction (equal to the decrease in Face Amount divided by the
Face Amount of the Policy prior to the decrease).
Taxes
Currently no charge is made to the VUL Account for Federal income taxes that
may be attributable to the VUL Account. Phoenix Home Life may, however, make
such a charge in the future. Charges for other taxes, if any, attributable to
the VUL Account may also be made. See "Charges and Deductions -- Other Charges."
GENERAL PROVISIONS
Postponement of Payments
General
Payment of any amount upon complete or partial surrender, Policy loan, or
benefits payable at death (in excess of the initial face amount) or maturity may
be postponed: (i) for up to six months from the date of the request, for any
transactions dependent upon the value of the GIA; (ii) whenever the New York
Stock Exchange is closed other than for customary weekend and holiday closings,
or trading on the New York Stock Exchange is restricted as determined by the
Securities and Exchange Commission; or (iii) whenever an emergency exists, as
determined by the Commission as a result of which disposal of securities is not
reasonably practicable or it is not reasonably practicable to determine the
value of the VUL Account's net assets. Transfers may also be postponed under
these circumstances.
Payment by Check
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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 Policyowner's bank.
The Contract
The Policy and attached copy of the application are the entire contract. Only
statements in the application can be used to void the Policy. The statements are
considered representations and not warranties. Only an executive officer of
Phoenix Home Life can agree to change or waive any provisions of the Policy.
Suicide
If the Insured commits suicide within two years after the Policy's Date of
Issue, Phoenix Home Life will pay only the Policy Value adjusted by the addition
of any monthly deductions and other fees and charges made under the Policy and
the subtraction of any Debt owed to Phoenix Home Life under the Policy.
Incontestability
Phoenix Home Life cannot contest this Policy or any attached rider after it
has been In Force during the lifetime of the Insured for two years from the
Policy Date.
Change of Owner or Beneficiary
The Beneficiary, as named in the Policy application or subsequently changed,
will receive the Policy benefits at the Insured's death. If the named
Beneficiary dies before the Insured, the contingent Beneficiary, if named,
becomes the Beneficiary. If no Beneficiary survives the Policyowner, the
benefits payable at the Insured's death will be paid to the Policyowner's
estate.
As long as the Policy is In Force, the Policyowner and the Beneficiary may be
changed by Written Request, satisfactory to Phoenix Home Life. A change in
Beneficiary will take effect as of the date the notice is signed, whether or not
the Insured is living when the notice is received by Phoenix Home Life. Phoenix
Home Life will not, however, be liable for any payment made or action taken
before receipt of the notice.
Assignment
The Policy may be assigned. Phoenix Home Life will not be bound by the
assignment until a written copy has been received and will not be liable with
respect to any payment made prior to receipt. Phoenix Home Life assumes no
responsibility for determining whether an assignment is valid.
Misstatement of Age or Sex
If the age or sex of the Insured has been misstated, the death benefit will be
adjusted based on what the cost of insurance charge for the most recent monthly
deduction would have purchased based on the correct age and sex.
Surplus
Policyowners may share in divisible surplus of Phoenix Home Life to the extent
determined annually by the Phoenix Home Life Board of Directors. However, it is
not currently anticipated that the Board will authorize these payments since
Policyowners will be participating directly in investment results.
PAYMENT OF PROCEEDS
Surrender and Death Benefit Proceeds
Proceeds of full or partial surrenders and the death proceeds will usually be
paid in one lump sum within seven days after Phoenix Home Life receives the
request for surrender and due proof of death, unless another payment option has
been elected. Payment of the death proceeds, however, may be delayed if the
claim for payment of the death proceeds needs to be investigated; e.g., to
ensure payment of the proper amount to the proper payee. Any such delay will not
be beyond that reasonably necessary to investigate such claims consistent with
insurance practices customary in the life insurance industry. In addition, under
certain conditions, in the event of the terminal illness of the Insured, an
accelerated payment of up to 75% of the Policy's Death Benefit (up to maximum of
$250,000), is available under the Living Benefits Rider. The minimum face amount
remaining after any such accelerated benefit payment is $10,000.
While the Insured is living, the Policyowner may elect a payment option for
payment of the death proceeds to the Beneficiary. The Policyowner may revoke or
change a prior election, unless such right has been waived. The Beneficiary may
make or change an election prior to payment of the death proceeds, unless the
Policyowner has made an election which does not permit such further election or
changes by the Beneficiary.
A written form satisfactory to Phoenix Home Life is required to elect, change,
or revoke a payment option.
The minimum amount of surrender or death proceeds that may be applied under
any income option is $1,000.
If the Policy is assigned as collateral security, Phoenix Home Life will pay
any amount due the assignee in one lump sum. Any remaining proceeds will remain
under the option elected.
Payment Options
All or part of the surrender or death proceeds of a Policy may be applied
under one or more of the following payment options or such other payment options
or alternative versions of the options listed as Phoenix Home Life may choose to
make available in the future.
Option 1 -- Lump sum.
Payment in one lump sum.
Option 2 -- Left to earn interest.
A payment of interest during the payee's lifetime on the amount payable as a
principal sum. Interest rates are guaranteed to be at least 3 percent per year.
Option 3 -- Payment for a specific period.
Equal income installments are paid for a specified period of years whether the
payee lives or dies. The first payment will be on
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the date of settlement. The assumed interest rate on the unpaid balance is
guaranteed not to be less than 3 percent per year.
Option 4 -- Life annuity with specified period certain.
Equal installments are paid until the later of: (A) The death of the payee;
(B) The end of the period certain. The first payment will be on the date of
settlement. The period certain must be chosen at the time this option is
elected. The periods certain that may be chosen are as follows: (A) Ten years;
(B) Twenty years; (C) Until the installments paid refund the amount applied
under this option; and if the payee is not living when the final payment falls
due, that payment will be limited to the amount which needs to be added to the
payments already made to equal the amount applied under this option. If, for the
age of the payee, a period certain is chosen that is shorter than another period
certain paying the same installment amount, Phoenix Home Life will deem the
longer period certain as having been elected. Any life annuity provided under
Option 4 is calculated using an interest rate guaranteed to be no less than
3 3/8% per year, except that any life annuity providing a period certain of 20
years or more is calculated using an interest rate guaranteed to be no less than
3 1/4% per year.
Option 5 -- Life annuity.
Equal installments are paid only during the lifetime of the payee. The first
payment will be on the date of settlement. Any life annuity as may be provided
under Option 5 is calculated using an interest rate guaranteed to be no less
than 3 1/2% per year.
Option 6 -- Payments of a specified amount.
Equal installments of a specified amount, out of the principal sum and
interest on that sum, are paid until the principal sum remaining is less than
the amount of the installment. When that happens, the principal sum remaining
with accrued interest will be paid as a final payment. The first payment will be
on the date of settlement. The payments will include interest on the principal
sum remaining at a rate guaranteed to at least equal 3 percent per year. This
interest will be credited at the end of each year. If the amount of interest
credited at the end of the year exceeds the income payments made in the last 12
months, that excess will be paid in one sum on the date credited.
Option 7 -- Joint survivorship annuity with 10-year period certain.
The first payment will be on the date of settlement. Equal income installments
are paid until the latest of: (A) The end of the 10-year period certain; (B) The
death of the Insured; (C) The death of the other named annuitant. The other
annuitant must be named at the time this option is elected and cannot later be
changed. The other annuitant must have an attained age of at least 40. Any joint
survivorship annuity as may be provided under this option is calculated using an
interest rate guaranteed to be no less than 3 3/8% per year.
For additional information concerning the above payment options, see the
Policy.
FEDERAL TAX CONSIDERATIONS
Introduction
The ultimate effect of Federal income taxes on values under the VUL Account
and on the economic benefit to the Policyowner or Beneficiary depends on Phoenix
Home Life's tax status and upon the tax status of the individual concerned. The
discussion contained herein is general in nature and is not intended as tax
advice. For complete information on Federal and state tax considerations, a
qualified tax adviser should be consulted. No attempt is made to consider any
estate and inheritance taxes, or any state, local or other tax laws. Because the
discussion herein is based upon Phoenix Home Life's understanding of Federal
income tax laws as they are currently interpreted, Phoenix Home Life cannot
guarantee the tax status of any Policy. No representation is made regarding the
likelihood of continuation of current Federal income tax laws, Treasury
regulations, or of the current interpretations by the Internal Revenue Service.
Phoenix Home Life reserves the right to make changes to the Policy in order to
assure that it will continue to qualify as life insurance for tax purposes.
Phoenix Home Life's Tax Status
Phoenix Home Life is taxed as a life insurance company under the Internal
Revenue Code of 1986, as amended (the "Code"). For Federal income tax purposes,
neither the VUL Account nor the Guaranteed Interest Account is a separate entity
from Phoenix Home Life and their operations form a part of Phoenix Home Life.
Investment income and realized capital gains on the assets of the VUL Account
are reinvested and taken into account in determining the Cash Value of the VUL
Account. Investment income of the VUL Account, including realized net capital
gains, is not taxed to Phoenix Home Life. Due to Phoenix Home Life's tax status
under current provisions of the Code, no charge will currently be made to the
VUL Account for Phoenix Home Life's Federal income taxes which may be
attributable to the VUL Account.
Phoenix Home Life will periodically review the question of a charge to the VUL
Account for Phoenix Home Life's income taxes. Phoenix Home Life reserves the
right to make a deduction for taxes should they be imposed with respect to such
items in the future. A future charge may be imposed if the Federal tax treatment
of Phoenix Home Life is determined to be other than what Phoenix Home Life
currently believes it to be, if changes are made affecting the tax treatment to
Phoenix Home Life of variable life insurance contracts, or if changes occur in
Phoenix Home Life's tax status. If imposed, such charge would be equal to the
Federal income taxes attributable to the investment results of the VUL Account.
Policy Proceeds
Death Benefit Proceeds. The Policy, whether or not it is a "modified endowment
contract" (see the discussion on modified endowment contracts below), should be
treated as meeting the definition of life insurance for Federal income purposes,
under Section 7702 of the Code. As such, the death benefit proceeds thereunder
should be excludable from the gross income of the
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Beneficiary under Code Section 101(a)(1). Also, the Policyowner should not be
deemed to be in constructive receipt of the Cash Value, including increments
thereon. See, however, the sections below on possible taxation of amounts
received under the Policy, via full surrender, partial surrender or loan. In
addition, a benefit paid under a Living Benefit Rider may be taxable as income
in the year of receipt.
Code Section 7702 imposes certain conditions with respect to premiums received
under a Policy. Phoenix Home Life intends to monitor the premiums to assure
compliance with such conditions. However, in the event that the premium
limitation is exceeded during the year, Phoenix Home Life may return the excess
premium, with interest, to the Policyowner within 60 days after the end of the
Policy Year, and maintain the qualification of the Policy as life insurance for
Federal income tax purposes.
Full Surrender. Upon full surrender of a Policy for its Cash Value, the
excess, if any, of the Cash Value (unreduced by any outstanding indebtedness)
over the premiums paid will be treated as ordinary income for Federal income tax
purposes. The full surrender of a Policy which is a "modified endowment
contract" may result in the imposition of an additional 10 percent tax on any
income received.
Partial Surrender. If the Policy is a "modified endowment contract," partial
surrenders are fully taxable to the extent of income in the Policy and are
possibly subject to an additional 10 percent tax. See the discussion on
"modified endowment contracts" below. If the Policy is not a "modified endowment
contract," partial surrenders may still be taxable, as follows. Code Section
7702(f)(7) provides that where a reduction in death benefits occurs during the
first 15 years after a Policy is issued and there is a cash distribution
associated with that reduction, the Policyowner may be taxed on all or a part of
the amount distributed. A reduction in death benefits may result from a partial
surrender. After 15 years, the proceeds will not be subject to tax, except to
the extent such proceeds exceed the total amount of premiums paid but not
previously recovered. Phoenix Home Life suggests you consult with your tax
adviser in advance of a proposed decrease in death benefits or a partial
surrender as to the portion, if any, which would be subject to tax, and in
addition as to the impact such partial surrender might have under the new rules
affecting "modified endowment contracts."
Loans. Phoenix Home Life believes that any loan received under a Policy will
be treated as indebtedness of the Policyowner. If the Policy is a "modified
endowment contract," loans are fully taxable to the extent of income in the
Policy and are possibly subject to an additional 10 percent tax. See the
discussion on "modified endowment contracts" below. If the Policy is not a
"modified endowment contract," Phoenix Home Life believes that no part of any
loan under a Policy will constitute income to the Policyowner.
The deductibility by the Policyowner of loan interest under a Policy may be
limited under Code Section 264, depending on the circumstances. Any Policyowner
intending to fund premium payments through borrowing should consult a tax
adviser with respect to the tax consequences thereof. Under the "personal"
interest limitation provisions of the Code, interest on Policy loans used for
personal purposes is not tax deductible. Other rules may apply to allow all or
part of the interest expense as a deduction if the loan proceeds are used for
"trade or business" or "investment" purposes. See your tax adviser for further
guidance.
If the Policy is owned by a business or a corporation, the Code may impose
additional restrictions. The Code limits the interest deduction on
business-owned Policy loans and may impose tax upon the inside build-up of
corporate-owned life insurance policies through the corporate alternative
minimum tax.
Other Taxes
Federal estate tax, state and local estate, inheritance and other tax
consequences of ownership, or receipt of Policy proceeds depend on the
circumstances of each Policyowner or Beneficiary. Phoenix Home Life does not
make any representations or guarantees regarding the tax consequences of any
Policy with respect to these types of taxes.
Modified Endowment Contracts
General. Pursuant to Code Section 72(e), loans and other amounts received
under "modified endowment contracts" will in general be taxed to the extent of
accumulated income (generally, the excess of Cash Value over premiums paid).
Policies are "modified endowment contracts" if they meet the definition of life
insurance, but fail the "7-pay test." This test essentially provides that the
cumulative premiums paid under the Policy at any time during the Policy's first
7 years cannot exceed the sum of the net level premiums that would have been
paid on or before that time had the Policy provided for paid-up future benefits
after the payment of 7 level annual premiums. In addition, a modified endowment
contract includes any life insurance contract that is received in exchange for a
modified endowment contract. Premiums paid during a Policy Year that are
returned by Phoenix Home Life (with interest) within 60 days after the end of
the Policy Year will not cause the Policy to fail the 7-pay test.
Reduction in Benefits During the First 7 Years. If there is a reduction in
benefits during the first 7 Policy Years, the premiums are redetermined for
purposes of the 7-pay test as if the Policy had originally been issued at the
reduced death benefit level and the new limitation is applied to the cumulative
amount paid for each of the first 7 Policy Years.
Distributions Affected. If a Policy fails to meet the 7-pay test, it is
considered a modified endowment contract only as to distributions in the year in
which the death benefit reduction takes effect and all subsequent Policy Years.
However, distributions made in anticipation of such failure (there is a
presumption that distributions made within two years prior to such failure were
"made in anticipation") also are considered distributions under a modified
endowment contract. If the Policy satisfies the "7-pay test" for 7 years,
distributions and loans will generally not be subject to the new tax rules.
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Penalty Tax. Any amounts taxable under the modified endowment contract rule
will be subject to an additional 10 percent excise tax, with certain exceptions.
This additional tax will not apply in the case of distributions: (i) made on or
after the taxpayer attains age 591/2; (ii) which are attributable to the
taxpayer's disability (within the meaning of Code Section 72(m)(7)); or (iii)
which are part of a series of substantially equal periodic payments (not less
frequently than annually) made for the life (or life expectancy) of the taxpayer
or the joint lives (or life expectancies) of the taxpayer and his Beneficiary.
Material Change Rules. Any determination of whether the Policy meets the
"7-pay test" will begin again any time the Policy undergoes a "material change,"
which includes any increase in death benefits or any increase in or addition of
a qualified additional benefit, with the following two exceptions. First, if an
increase is attributable to premiums paid "necessary to fund" the lowest death
benefit and qualified additional benefits payable in the first 7 Policy Years or
to the crediting of interest or dividends with respect to these premiums, the
"increase" does not constitute a material change. Second, to the extent provided
in regulations, if the death benefit or qualified additional benefit increases
as a result of a cost-of-living adjustment based on an established broad-based
index specified in the Policy, this does not constitute a material change if (1)
the cost-of-living determination period does not exceed the remaining premium
payment period under the Policy, and (2) the cost-of-living increase is funded
ratably over the remaining premium payment period of the Policy. A reduction in
death benefits is not considered a material change unless accompanied by a
reduction in premium payments.
A material change may occur at any time during the life of the Policy (within
the first 7 years or thereafter), and future taxation of distributions or loans
would turn on whether the Policy satisfied the applicable "7-pay test" from the
time of the material change. An exchange of policies is considered to be a
material change for all purposes.
Serial Purchase of Modified Endowment Contracts. All modified endowment
contracts issued by the same insurer (or affiliated companies of the insurer) to
the same Policyowner within the same calendar year will be treated as one
modified endowment contract in determining the taxable portion of any loans or
distributions made to the Policyowner. The Treasury has been given specific
legislative authority to issue regulations to prevent the avoidance of the new
distribution rules for modified endowment contracts. A qualified tax adviser
should be consulted about the tax consequences of the purchase of more than one
modified endowment contract within any calendar year.
Limitations on Unreasonable Mortality and Expense Charges
The Code imposes limitations on unreasonable mortality and expense charges for
purposes of ensuring that a Policy qualifies as life insurance. The mortality
charges taken into account to calculate permissible premium levels may not
exceed those charges required to be used in determining the Federal income tax
reserve for the Policy, unless Treasury regulations prescribe a higher level of
charge. In addition, the expense charges taken into account under the guideline
premium test are required to be reasonable, as defined by the Treasury
regulations. Phoenix Home Life intends to comply with the limitations in
calculating the premium it is permitted to receive from the Policyowner.
Qualified Plans
A Policy may be used in conjunction with certain qualified plans. Such
policies are issued using unisex cost of insurance rates. Since the rules
governing such use are complex, a purchaser should not use the Policy in
conjunction with a qualified plan until he has consulted a competent pension
consultant or tax adviser.
Diversification Standards
To comply with the diversification regulations under Code Section 817(h),
("Diversification Regulations") each Portfolio of the Fund is required to
diversify its investments. The Diversification Regulations generally require
that on the last day of each quarter of a calendar year no more than 55 percent
of the value of the Fund's assets is represented by any one investment, no more
than 70 percent is represented by any two investments, no more than 80 percent
is represented by any three investments, and no more than 90 percent is
represented by any four investments. A "look-through" rule applies to treat a
pro-rata portion of each asset of the Fund as an asset of the VUL Account;
therefore, each Series of the Fund will be tested for compliance with the
percentage limitations. For purposes of these diversification rules, all
securities of the same issuer are treated as a single investment, but each
United States Government agency or instrumentality is treated as a separate
issuer.
The general diversification requirements are modified if any of the assets of
the VUL Account are direct obligations of the United States Treasury. In this
case, there is no limit on the investment that may be made in United States
Treasury securities, and for purposes of determining whether assets other than
United States Treasury securities are adequately diversified, the generally
applicable percentage limitations are increased based on the value of the VUL
Account's investment in United States Treasury securities. Notwithstanding this
modification of the general diversification requirements, the portfolios of the
Fund will be structured to comply with the general diversification standards
because they serve as an investment vehicle for certain variable annuity
contracts which must comply with these standards.
In connection with the issuance of the Diversification Regulations, the
Treasury announced that such regulations do not provide guidance concerning the
extent to which policyowners may direct their investments to particular
divisions of a separate account. It is possible that a revenue ruling or other
form of administrative pronouncement in this regard may be issued in the near
future. It is not clear, at this time, what such a revenue ruling or other
pronouncement will provide. It is possible that the Policy may need to be
modified to comply with such future Treasury announcements. For these reasons,
Phoenix Home Life reserves the right to modify the Policy, as necessary, to
prevent the Policyowner from being considered the owner of the assets of the VUL
Account.
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Phoenix Home Life intends to comply with the Diversification Regulations to
assure that the Policies continue to qualify as variable life insurance for
Federal income tax purposes.
Change of Ownership or Insured or Assignment
Changing the Policyowner or the Insured or an exchange or assignment of the
Policy may have tax consequences depending on the circumstances. Code Section
1035 provides that a life insurance contract can be exchanged for another life
insurance contract, without recognition of gain or loss, assuming that no money
or other property is received in the exchange, and that the policies relate to
the same Insured. If the surrendered policy is subject to a policy loan, this
may be treated as the receipt of money on the exchange. Phoenix Home Life
recommends that any person contemplating such changes, exchanges, or assignment
seek the advice of a qualified tax consultant.
VOTING RIGHTS
The Fund
Phoenix Home Life will vote the Fund shares held by the Sub- accounts of the
VUL Account at any regular and special meetings of shareholders of the Fund, a
Massachusetts business trust. To the extent required by law, such voting will be
in accordance with instructions received from the Policyowner. However, if the
Investment Company Act of 1940 or any regulation thereunder should be amended or
if the present interpretation thereof should change, and as a result Phoenix
Home Life determines that it is permitted to vote the Fund shares at its own
discretion, it may elect to do so.
The number of votes that a Policyowner has the right to cast will be
determined by applying the Policyowner's percentage interest in a Sub-account to
the total number of votes attributable to the Sub-account. In determining the
number of votes, fractional shares will be recognized.
Fund shares held in a Sub-account for which no timely instructions are
received, and Fund shares which are not otherwise attributable to Policyowners,
will be voted by Phoenix Home Life in proportion to the voting instructions that
are received with respect to all Policies participating in that Sub-account.
Voting instructions to abstain on any item to be voted upon will be applied to
reduce the votes eligible to be cast by Phoenix Home Life.
Each Policyowner will receive proxy materials, reports, and other materials
relating to the Fund.
Phoenix Home Life may, when required by state insurance regulatory
authorities, disregard voting instructions if the instructions require that the
shares be voted so as to cause a change in the sub-classification or investment
objective of one or more of the portfolios of the Fund or to approve or
disapprove an investment advisory contract for the Fund. In addition, Phoenix
Home Life itself may disregard voting instructions in favor of changes initiated
by a Policyowner in the investment policies or the Investment Adviser of the
Fund if Phoenix Home Life reasonably disapproves of such changes. A change would
be disapproved only if the proposed change is contrary to state law or
prohibited by state regulatory authorities or Phoenix Home Life determined that
the change would have an adverse effect on the General Account because the
proposed investment policy for a portfolio may result in overly speculative or
unsound investments. In the event Phoenix Home Life does disregard voting
instructions, a summary of that action and the reasons for such action will be
included in the next periodic report to Policyowners.
Phoenix Home Life
A Policyowner (or the payee entitled to payment under a payment option if a
different person) will have the right to vote at annual meetings of all Phoenix
Home Life Policyholders for the election of members of the Board of Directors of
Phoenix Home Life and on other corporate matters, if any, where a Policyholder's
vote is taken. At meetings of all of the Phoenix Home Life Policyholders, a
Policyholder (or payee) may cast only one vote as the holder of a Policy,
irrespective of Policy Value or the number of the Policies held.
THE DIRECTORS AND EXECUTIVE OFFICERS OF PHOENIX HOME LIFE
Phoenix Home Life is managed by its Board of Directors, the members of which
are elected by its Policyholders, including Owners of the Policies. See "Voting
Rights."
The following are the Directors and Executive Officers of Phoenix Home Life:
Directors Principal Occupation
- --------- --------------------
Sal H. Alfiero Chairman and Chief
Executive Officer, Mark
IV Industries, Inc.
Amherst, New York
J. Carter Bacot Chairman and Chief
Executive Officer, The
Bank of New York
New York, New York
Carol H. Baldi President, Carol H.
Baldi, Inc.
New York, New York
Peter C. Browning Executive Vice
President, Sonoco
Products Company
Hartsville, South
Carolina
Richard N. Cooper Chairman, National
Intelligence Council,
Central Intelligence
Agency McLean, Virginia
Gordon J. Davis, Partner, LeBoeuf, Lamb,
Esq. Greene & MacRae
New York, New York
Robert W. Chairman of the Board,
Fiondella President and Chief
Executive Officer,
Phoenix Home Life
Mutual Insurance Company
Hartford, Connecticut
Jerry J. President, National
Jasinowski Association of
Manufacturers
Washington, DC
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Directors Principal Occupation
- --------- --------------------
John W. Johnstone Chairman, President and
Chief Executive Officer,
Olin Corporation
Norwalk, Connecticut
Marilyn E. General Partner, Lazard
LaMarche Freres & Company
New York, New York
Edward P. Lyons Former Vice-Chairman,
Olin Corporation
Norwalk, Connecticut
Philip R. Executive Vice
McLoughlin President and Chief
Investment Officer,
Phoenix Home Life
Mutual Insurance Company
Hartford, Connecticut
Charles J. Paydos Executive Vice
President, Phoenix Home
Life Mutual Insurance
Company
Hartford, Connecticut
Herbert Roth, Jr. Former Chairman, LFE
Corporation
Clinton, Massachusetts
Robert F. Vizza President and Chief
Executive Officer, St.
Francis Hospital
Roslyn, New York
Wilson Wilde Chairman, Executive
Committee, Hartford
Steam Boiler Inspection
and Insurance Company
Hartford, Connecticut
Robert G. Wilson Former General Partner,
Goldman Sachs
New York, New York
Executive
Officers Principal Occupation
- -------- --------------------
Robert W. Chairman of the Board,
Fiondella President and Chief
Executive Officer
Richard H. Booth Executive Vice
President, Strategic
Development
Philip R. Executive Vice
McLoughlin President and Chief
Investment Officer
Charles J. Paydos Executive Vice President
David W. Searfoss Executive Vice President
and Chief Financial Officer
Dona D. Young Executive Vice President,
Individual Insurance and
General Counsel
Kelly J. Carlson Senior Vice President,
Career Organization
Carl T. Chadburn Senior Vice President
Executive
Officers Principal Occupation
- -------- --------------------
Robert G. Chipkin Senior Vice President
and Corporate Actuary
Randall C. Senior Vice President,
Giangiulio Group Sales
Joan E. Herman Senior Vice President
Edward P. Senior Vice President,
Hourihan Information Systems
Joseph E. Senior Vice President
Kelleher
Gary J. Senior Vice President
Laughinghouse
Robert G. Senior Vice President
Lautensack, Jr.
Scott C. Noble Senior Vice President,
Real Estate
Frederick W. Senior Vice President
Sawyer, III
Richard C. Shaw Senior Vice President,
International and
Corporate Development
Simon Y. Tan Senior Vice President,
Individual Market
Development
SAFEKEEPING OF THE VUL ACCOUNT'S ASSETS
The assets of the VUL Account are held by Phoenix Home Life. The assets of the
VUL Account are kept physically segregated and held separate and apart from the
general account of Phoenix Home Life. Phoenix Home Life maintains records of all
purchases and redemptions of shares of the Fund.
SALES OF POLICIES
Policies may be purchased from registered representatives of W.S. Griffith &
Co., Inc. ("W. S. Griffith") licensed to sell Phoenix Home Life insurance
policies. W. S. Griffith, an indirect subsidiary of Phoenix Home Life, is
registered as a broker-dealer with the Securities and Exchange Commission under
the Securities Exchange Act of 1934 and is a member of the National Association
of Securities Dealers, Inc. Policies may be purchased from other broker-dealers
registered under the Securities Exchange Act of 1934 whose representatives are
authorized by applicable law to sell Policies under terms of agreement provided
by PEPCO. Sales commissions will be paid to registered representatives on
purchase payments received by Phoenix Home Life under these Policies. Total
sales commission of a maximum of 50 percent of premiums will be made by Phoenix
Home Life to PEPCO. To the extent that the sales charge under the Policies is
less than the sales commissions paid with respect to the Policies, Phoenix Home
Life will pay the shortfall from its general account assets, which will include
any profits it may derive under the Policies.
PEPCO will sponsor sales contests, training and educational meetings and
provide to all qualifying dealers, from its own profits and resources,
additional compensation in the form of trips, merchandise or expense
reimbursement. Brokers and
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dealers other than PEPCO may also make customary additional charges for their
services in effecting purchases, if they notify the Fund of their intention to
do so.
STATE REGULATION
Phoenix Home Life is subject to the provisions of the New York insurance laws
applicable to mutual life insurance companies and to regulation and supervision
by the New York Superintendent of Insurance. Phoenix Home Life is also subject
to the applicable insurance laws of all the other states and jurisdictions in
which it does an insurance business.
State regulation of Phoenix Home Life includes certain limitations on the
investments which it may make, including investments for the VUL Account and the
Guaranteed Interest Account. It does not include, however, any supervision over
the investment policies of the VUL Account.
REPORTS
All Policyowners will be furnished with those reports required by the
Investment Company Act of 1940 and regulations promulgated thereunder, or under
any other applicable law or regulation.
LEGAL PROCEEDINGS
The VUL Account is not engaged in any litigation. Phoenix Home Life is not
involved in any litigation that would have a material adverse effect on the
ability of Phoenix Home Life to meet its obligations under the Policies.
LEGAL MATTERS
The organization of Phoenix Home Life, its authority to issue variable life
insurance Policies, and the validity of the Policy have been passed upon by
Patricia O. McLaughlin, Counsel, Phoenix Home Life. Legal matters relating to
the Federal securities and income tax laws have been passed upon for Phoenix
Home Life by Jorden Burt Berenson & Johnson LLP.
REGISTRATION STATEMENT
A Registration Statement has been filed with the Securities and Exchange
Commission, under the Securities Act of 1933 as amended, with respect to the
securities offered hereby. This Prospectus does not contain all the information
set forth in the Registration Statement and amendments thereto and exhibits
filed as a part thereof, to all of which reference is made for further
information concerning the VUL Account, Phoenix Home Life and the Policy.
Statements contained in this Prospectus as to the content 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 consolidated financial statements of Phoenix Home Life as contained herein
should be considered only as bearing upon Phoenix Home Life's ability to meet
its obligations under the Policy, and they should not be considered as bearing
on the investment performance of the VUL Account. No interim financial
statements of Phoenix Home Life are presented in this Prospectus because no such
financial statements have been prepared by Phoenix Home Life for any other
purpose as of the date of this Prospectus. The financial statements of the VUL
Account are for the Sub-accounts available as of the period ended December 31,
1995. No interim financial statements for the VUL Account are presented because
no such statements have been prepared for any other purpose as of the date of
this Prospectus.
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Phoenix Home Life Mutual
Insurance Company
Consolidated Financial Statements
December 31, 1995 and 1994
[To be filed by Amendment]
29
<PAGE>
Phoenix Home Life Variable
Universal Life Account
Financial Statements
December 31, 1995 and 1994
[To be filed by Amendment]
30
<PAGE>
APPENDIX A
THE GUARANTEED INTEREST ACCOUNT
Contributions to the Guaranteed Interest Account ("GIA") under the Policy and
transfers to the GIA become part of the general account of Phoenix Home Life
(the "General Account"), which supports insurance and annuity obligations.
Because of exemptive and exclusionary provisions, interest in the General
Account has not been registered under the Securities Act of 1933 ("1933 Act")
nor is the General Account registered as an investment company under the
Investment Company Act of 1940 ("1940 Act"). Accordingly, neither the General
Account nor any interest therein is specifically subject to the provisions of
the 1933 or 1940 Acts and the staff of the Securities and Exchange Commission
has not reviewed the disclosures in this Prospectus concerning the GIA.
Disclosures regarding the GIA and the General Account, however, may be subject
to certain generally applicable provisions of the federal securities laws
relating to the accuracy and completeness of statements made in prospectuses.
The General Account is made up of all of the general assets of Phoenix Home
Life other than those allocated to any separate account. Premium payments will
be allocated to the GIA and, therefore, the General Account, as elected by the
Policyowner at the time of purchase or as subsequently changed. Phoenix Home
Life will invest the assets of the General Account in assets chosen by it and
allowed by applicable law. Investment income from General Account assets is
allocated between Phoenix Home Life and the contracts participating in the
General Account, in accordance with the terms of such contracts.
Investment income from the General Account allocated to Phoenix Home Life
includes compensation for mortality and expense risks borne by it in connection
with General Account contracts.
The amount of investment income allocated to the Policies will vary from year
to year in the sole discretion of Phoenix Home Life. However, Phoenix Home Life
guarantees that it will credit interest at a rate of not less than 4% per year,
compounded annually, to amounts allocated to the unloaned portion of the GIA.
The loaned portion of the GIA will be credited interest at an effective annual
rate of 6%. Phoenix Home Life may credit interest at a rate in excess of 4% per
year; however, it is not obligated to credit any interest in excess of 4% per
year.
Bi-weekly, Phoenix Home Life will set the excess interest rate, if any, that
will apply to amounts deposited to the GIA. That rate will remain in effect for
such deposits for an initial guarantee period of one full year from the date of
deposit. Upon expiration of the initial one-year guarantee period (and each
subsequent one-year guarantee period thereafter), the rate to be applied to any
deposits whose guaranteed period has just ended will be the same rate as is
applied to new deposits allocated at that time to the GIA. This rate will
likewise remain in effect for a guarantee period of one full year from the date
the new rate is applied.
Excess interest, if any, will be determined by Phoenix Home Life based on
information as to expected investment yields. Some of the factors that Phoenix
Home Life may consider in determining whether to credit interest to amounts
allocated to the GIA and the amount thereof, are general economic trends, rates
of return currently available and anticipated on investments, regulatory and tax
requirements and competitive factors. ANY INTEREST CREDITED TO AMOUNTS ALLOCATED
TO THE GIA IN EXCESS OF 4% PER YEAR WILL BE DETERMINED IN THE SOLE DISCRETION OF
PHOENIX HOME LIFE AND WITHOUT REGARD TO ANY SPECIFIC FORMULA. THE CONTRACT OWNER
ASSUMES THE RISK THAT INTEREST CREDITED TO GIA ALLOCATIONS MAY NOT EXCEED THE
MINIMUM GUARANTEE OF 4% FOR ANY GIVEN YEAR.
Phoenix Home Life is aware of no statutory limitations on the maximum amount
of interest it may credit, and the Board of Directors has set no limitations.
However, inherent in Phoenix Home Life's exercise of discretion in this regard
is the equitable allocation of distributable earnings and surplus among its
various policyholders and contract owners.
Excess interest, if any, will be credited on the GIA Policy Value. Phoenix
Home Life guarantees that, at any time, the GIA Policy Value will not be less
than the amount of premium payments allocated to the GIA, plus interest at the
rate of 4% per year, compounded annually, plus any additional interest which
Phoenix Home Life may, in its discretion, credit to the GIA, less the sum of all
annual administrative or surrender charges, any applicable premium taxes, and
less any amounts surrendered or loaned. If the Policyowner surrenders the
Policy, the amount available from the GIA will be reduced by any applicable
surrender charge and annual administration charge (see "Deductions and
Charges").
IN GENERAL, ONE TRANSFER PER YEAR IS ALLOWED FROM THE GUARANTEED INTEREST
ACCOUNT. THE AMOUNT WHICH CAN BE TRANSFERRED IS LIMITED TO THE GREATER OF $1,000
OR 25% OF THE CONTRACT VALUE IN THE GUARANTEED INTEREST ACCOUNT AS OF THE LAST
CONTRACT ANNIVERSARY. UNDER THE SYSTEMATIC TRANSFER PROGRAM, TRANSFERS OF
APPROXIMATELY EQUAL AMOUNTS MAY BE MADE OVER A MINIMUM 18 MONTH PERIOD.
NON-SYSTEMATIC TRANSFERS FROM THE GUARANTEED INTEREST ACCOUNT WILL BE
EFFECTUATED ON THE DATE OF RECEIPT BY VARIABLE PRODUCTS OPERATIONS, UNLESS
OTHERWISE REQUESTED BY THE CONTRACT OWNER.
31
<PAGE>
APPENDIX B
Illustrations of Death Benefits, Policy Values ("Account Values"), and Cash
Surrender Values.
The tables on the following pages illustrate how a Policy's Death Benefits,
Account Values and Cash Surrender Value could vary over time assuming constant
hypothetical gross (after tax) annual investment returns of 0% and 12%. The
Policy benefits will differ from those shown in the tables if the annual
investment returns are not absolutely constant. That is, the figures will be
different if the returns averaged 0% or 12% over a period of years but went
above or below those figures in individual Policy Years. The Policy benefits
will also differ, depending on your premium allocations to each Sub-account of
the VUL Account, if the overall actual rates of return averaged 0% or 12%, but
went above or below those figures for the individual Sub-accounts. The tables
are for standard risk males and females who have never smoked. In states where
cost of insurance rates are not based on the insured's sex, the tables
designated "male" apply to all standard risk insureds who have never smoked.
Account Values and Cash Surrender Values may be lower for smokers or former
smokers or for risk classes involving higher mortality risk. Planned premium
payments are assumed to be paid at the beginning of each Policy Year. The
difference between the Policy Value and the Cash Surrender Value in the first
ten years is the Surrender Charge. For each age illustrated, tables are included
for death benefit Option 1 and Option 2. Tables are also included to reflect the
blended cost of insurance charge applied under multiple lives Policies.
The Death Benefit, Account Value, and Cash Surrender Value amounts reflect the
following current charges:
1. Issue Charge of $150.
2. Monthly Administrative Charge of $5.00 per month ($10 per month guaranteed
maximum).
3. Premium Tax Charge of 2.25% (will vary from state to state).
4. Cost of Insurance Charge. For each age, the tables illustrate cost of
insurance at both the current rates and at the maximum rates guaranteed in
the Policies. (See "Charges and Deductions -- Cost of Insurance.")
5. Mortality and Expense Risk Charge, which is a daily charge equivalent to .80%
on an annual basis against the VUL Account for mortality and expense risks.
(See "Charges and Deductions -- Mortality and Expense Risk Charge.")
These illustrations also assume an average investment advisory fee of .58% on
an annual basis, of the average daily net asset value of each of the Series of
the Fund. These illustrations also assume other ongoing average Fund expenses of
.18%. Management may decide to limit the amount of expense reimbursement in the
future. If expense reimbursement had not been in place for the fiscal year ended
December 31, 1994, total operating expenses for the Money Market Series, Growth
Series, Bond Series, Total Return Series, Balanced Series and International
Series would have been approximately 0.58%, 0.82%, 0.72%, 0.75%, 0.70% and 1.10%
respectively, of the average net assets of the Series. (See "Charges and
Deductions -- Investment Management Charge.")
Taking into account the Mortality and Expense Risk Charge and the investment
advisory fees and expenses, the gross annual investment return rates of 0% and
12% on the Fund's assets are equivalent to net annual investment return rates of
approximately - 1.55% and 10.35%, respectively. For individual illustrations,
interest rates ranging between 0% and 12% may be selected in place of the 12%
rate.
The hypothetical returns shown in the tables are without any tax charges that
may be attributable to the VUL Account in the future. If such Tax Charges are
imposed in the future, then in order to produce after tax returns equal to those
illustrated for 0% and 12%, a sufficiently higher amount in excess of the
hypothetical interest rates would have to be earned. (See "Charges and
Deductions -- Other Charges -- Taxes.")
The second column of each table shows the amount that would accumulate if an
amount equal to the premiums paid were invested to earn interest, after taxes,
at 5% compounded annually. These tables show that if a Policy is returned in its
very early years for payment of its Cash Surrender Value, that Cash Surrender
Value may be low in comparison to the amount of the premiums accumulated with
interest. Thus, the cost of owning a Policy for a relatively short time may be
high.
On request, we will furnish the Policyowner with a comparable illustration
based on the age and sex of the proposed insured person(s), standard risk
assumptions and the initial face amount and planned premium chosen.
32
<PAGE>
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY Page 1 of 1
Statutory Home Office: East Greenbush, New York
MALE 35 NEVERSMOKE FACE AMOUNT: $100,000
INITIAL ANNUAL PREMIUM: $1,000
THE FLEX EDGE -- A FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE INSURANCE POLICY
OPTION 1
<TABLE>
<CAPTION>
Assuming
-----------------------------------------------------
Current Charges Guaranteed Charges
--------------------------- ------------------------
Assumed Cash Cash
Annual Premium Account Surrender Death Account Surrender Death
Premium Accum. Value Value Benefit Value Value Benefit
Year Payments @ 5% @ 12.00% @ 12.00% @ 12.00% @ 0.0% @ 0.0% @ 0.0%
- ------ ------ ------ ------- ------- ------ ------- ------ -------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
1 1,000 1,050 705 0 100,000 528 0 100,000
2 1,000 2,153 1,637 724 100,000 1,190 278 100,000
3 1,000 3,310 2,659 1,656 100,000 1,831 828 100,000
4 1,000 4,526 3,781 2,751 100,000 2,452 1,422 100,000
5 1,000 5,802 5,013 3,982 100,000 3,051 2,021 100,000
5 5,000 5,802 5,013 3,982 100,000 3,051 2,021 100,000
6 1,000 7,142 6,365 5,458 100,000 3,628 2,721 100,000
7 1,000 8,549 7,847 7,064 100,000 4,180 3,396 100,000
8 1,000 10,027 9,472 8,877 100,000 4,707 4,112 100,000
9 1,000 11,578 11,255 10,847 100,000 5,207 4,800 100,000
10 1,000 13,207 13,213 13,213 100,000 5,682 5,682 100,000
10 10,000 13,207 13,213 13,213 100,000 5,682 5,682 100,000
11 1,000 14,917 15,363 15,363 100,000 6,127 6,127 100,000
12 1,000 16,713 17,721 17,721 100,000 6,542 6,542 100,000
13 1,000 18,599 20,308 20,308 100,000 6,924 6,924 100,000
14 1,000 20,579 23,148 23,148 100,000 7,274 7,274 100,000
15 1,000 22,657 26,268 26,268 100,000 7,588 7,588 100,000
15 15,000 22,657 26,268 26,268 100,000 7,588 7,588 100,000
16 1,000 24,840 29,697 29,697 100,000 7,864 7,864 100,000
17 1,000 27,132 33,471 33,471 100,000 8,097 8,097 100,000
18 1,000 29,539 37,625 37,625 100,000 8,282 8,282 100,000
19 1,000 32,066 42,202 42,202 100,000 8,413 8,413 100,000
20 1,000 34,719 47,249 47,249 100,000 8,483 8,483 100,000
20 20,000 34,719 47,249 47,249 100,000 8,483 8,483 100,000
@ 62 27,000 57,403 100,941 100,941 129,204 6,726 6,726 100,000
@ 65 30,000 69,761 137,663 137,663 167,950 4,163 4,163 100,000
</TABLE>
Based on 0% interest rate and guaranteed charges, the policy will lapse in year
33.
Death Benefit, Account Value, and Cash Surrender Value are based on hypothetical
gross interest rates shown, assume current and guaranteed charges and no policy
loans or withdrawals, and are calculated at the end of the Policy Year. Assumed
Premium Payments shown are assumed paid in full at the beginning of the Policy
Year. Payment of premiums shown other than in full at the beginning of the
Policy Year would reduce values and benefits below the hypothetical illustrated
amounts shown. Values shown reflect an effective annual asset charge of 1.56%
(includes mortality and expense risk charge of 0.8% and average fund operating
expenses of 0.76% applicable to the investment sub-accounts of the VUL Separate
Account). Hypothetical gross interest rates are presented for illustrative
purposes only to illustrate funds allocated entirely to the investment
sub-accounts of the VUL Separate Account and do not in any way represent actual
results or suggest that such results will be achieved in the future. Actual
values will differ from those shown whenever actual investment results differ
from hypothetical gross interest rates illustrated. A Guaranteed Interest
Account providing interest at a minimum guaranteed rate of 4% is also available
under this product through the General Account.
This illustration assumes a premium tax of 2.25%.
33
<PAGE>
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY Page 1 of 1
Statutory Home Office: East Greenbush, New York
FEMALE 35 NEVERSMOKE FACE AMOUNT: $100,000
INITIAL ANNUAL PREMIUM: $1,000
THE FLEX EDGE -- A FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE INSURANCE POLICY
OPTION 1
<TABLE>
<CAPTION>
Assuming
-----------------------------------------------------
Current Charges Guaranteed Charges
--------------------------- ------------------------
Assumed Cash Cash
Annual Premium Account Surrender Death Account Surrender Death
Premium Accum. Value Value Benefit Value Value Benefit
Year Payments @ 5% @ 12.00% @ 12.00% @ 12.00% @ 0.0% @ 0.0% @ 0.0%
- ------ ------ ------ ------- ------- ------ ------- ------ -------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
1 1,000 1,050 722 0 100,000 550 0 100,000
2 1,000 2,153 1,670 789 100,000 1,232 350 100,000
3 1,000 3,310 2,710 1,752 100,000 1,893 935 100,000
4 1,000 4,526 3,851 2,893 100,000 2,533 1,576 100,000
5 1,000 5,802 5,102 4,145 100,000 3,152 2,194 100,000
5 5,000 5,802 5,102 4,145 100,000 3,152 2,194 100,000
6 1,000 7,142 6,476 5,634 100,000 3,747 2,904 100,000
7 1,000 8,549 7,987 7,259 100,000 4,317 3,589 100,000
8 1,000 10,027 9,647 9,094 100,000 4,862 4,309 100,000
9 1,000 11,578 11,477 11,098 100,000 5,383 5,005 100,000
10 1,000 13,207 13,488 13,488 100,000 5,881 5,881 100,000
10 10,000 13,207 13,488 13,488 100,000 5,881 5,881 100,000
11 1,000 14,917 15,700 15,700 100,000 6,354 6,354 100,000
12 1,000 16,713 18,132 18,132 100,000 6,803 6,803 100,000
13 1,000 18,599 20,805 20,805 100,000 7,225 7,225 100,000
14 1,000 20,579 23,747 23,747 100,000 7,621 7,621 100,000
15 1,000 22,657 26,984 26,984 100,000 7,989 7,989 100,000
15 15,000 22,657 26,984 26,984 100,000 7,989 7,989 100,000
16 1,000 24,840 30,550 30,550 100,000 8,326 8,326 100,000
17 1,000 27,132 34,482 34,482 100,000 8,632 8,632 100,000
18 1,000 29,539 38,820 38,820 100,000 8,902 8,902 100,000
19 1,000 32,066 43,609 43,609 100,000 9,132 9,132 100,000
20 1,000 34,719 48,898 48,898 100,000 9,323 9,323 100,000
20 20,000 34,719 48,898 48,898 100,000 9,323 9,323 100,000
@ 62 27,000 57,403 105,108 105,108 134,538 9,450 9,450 100,000
@ 65 30,000 69,761 143,601 143,601 175,193 8,561 8,561 100,000
</TABLE>
Based on 0% interest rate and guaranteed charges, the policy will lapse in year
39.
Death Benefit, Account Value, and Cash Surrender Value are based on hypothetical
gross interest rates shown, assume current and guaranteed charges and no policy
loans or withdrawals, and are calculated at the end of the Policy Year. Assumed
Premium Payments shown are assumed paid in full at the beginning of the Policy
Year. Payment of premiums shown other than in full at the beginning of the
Policy Year would reduce values and benefits below the hypothetical illustrated
amounts shown. Values shown reflect an effective annual asset charge of 1.56%
(includes mortality and expense risk charge of 0.8% and average fund operating
expenses of 0.76% applicable to the investment sub-accounts of the VUL Separate
Account). Hypothetical gross interest rates are presented for illustrative
purposes only to illustrate funds allocated entirely to the investment
sub-accounts of the VUL Separate Account and do not in any way represent actual
results or suggest that such results will be achieved in the future. Actual
values will differ from those shown whenever actual investment results differ
from hypothetical gross interest rates illustrated. A Guaranteed Interest
Account providing interest at a minimum guaranteed rate of 4% is also available
under this product through the General Account.
This illustration assumes a premium tax of 2.25%.
34
<PAGE>
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY Page 1 of 1
Statutory Home Office: East Greenbush, New York
MALE 35 NEVERSMOKE FACE AMOUNT: $100,000
INITIAL ANNUAL PREMIUM: $1,000
THE FLEX EDGE -- A FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE INSURANCE POLICY
OPTION 2
<TABLE>
<CAPTION>
Assuming
-----------------------------------------------------
Current Charges Guaranteed Charges
--------------------------- ------------------------
Assumed Cash Cash
Annual Premium Account Surrender Death Account Surrender Death
Premium Accum. Value Value Benefit Value Value Benefit
Year Payments @ 5% @ 12.00% @ 12.00% @ 12.00% @ 0.0% @ 0.0% @ 0.0%
- ------ ------ ------ ------- ------- ------ ------- ------ -------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
1 1,000 1,050 704 0 100,704 527 0 100,527
2 1,000 2,153 1,633 720 101,633 1,186 274 101,187
3 1,000 3,310 2,650 1,647 102,651 1,824 821 101,825
4 1,000 4,526 3,765 2,735 103,766 2,440 1,410 102,441
5 1,000 5,802 4,986 3,956 104,987 3,032 2,002 103,033
5 5,000 5,802 4,986 3,956 104,987 3,032 2,002 103,033
6 1,000 7,142 6,323 5,417 106,324 3,601 2,694 103,601
7 1,000 8,549 7,786 7,003 107,786 4,142 3,359 104,142
8 1,000 10,027 9,385 8,789 109,385 4,657 4,062 104,657
9 1,000 11,578 11,133 10,726 111,134 5,143 4,736 105,143
10 1,000 13,207 13,047 13,047 113,047 5,600 5,600 105,601
10 10,000 13,207 13,047 13,047 113,047 5,600 5,600 105,601
11 1,000 14,917 15,140 15,140 115,141 6,025 6,025 106,026
12 1,000 16,713 17,426 17,426 117,426 6,417 6,417 106,418
13 1,000 18,599 19,920 19,920 119,920 6,774 6,774 106,775
14 1,000 20,579 22,643 22,643 122,644 7,095 7,095 107,095
15 1,000 22,657 25,615 25,615 125,616 7,376 7,376 107,376
15 15,000 22,657 25,615 25,615 125,616 7,376 7,376 107,376
16 1,000 24,840 28,859 28,859 128,860 7,615 7,615 107,616
17 1,000 27,132 32,402 32,402 132,403 7,807 7,807 107,808
18 1,000 29,539 36,270 36,270 136,270 7,946 7,946 107,946
19 1,000 32,066 40,491 40,491 140,491 8,026 8,026 108,026
20 1,000 34,719 45,094 45,094 145,094 8,039 8,039 108,039
20 20,000 34,719 45,094 45,094 145,094 8,039 8,039 108,039
@ 62 27,000 57,403 91,373 91,373 191,373 5,734 5,734 105,734
@ 65 30,000 69,761 121,627 121,627 221,627 2,913 2,913 102,913
</TABLE>
Based on 0% interest rate and guaranteed charges, the policy will lapse in year
33.
Death Benefit, Account Value, and Cash Surrender Value are based on hypothetical
gross interest rates shown, assume current and guaranteed charges and no policy
loans or withdrawals, and are calculated at the end of the Policy Year. Assumed
Premium Payments shown are assumed paid in full at the beginning of the Policy
Year. Payment of premiums shown other than in full at the beginning of the
Policy Year would reduce values and benefits below the hypothetical illustrated
amounts shown. Values shown reflect an effective annual asset charge of 1.56%
(includes mortality and expense risk charge of 0.8% and average fund operating
expenses of 0.76% applicable to the investment sub-accounts of the VUL Separate
Account). Hypothetical gross interest rates are presented for illustrative
purposes only to illustrate funds allocated entirely to the investment
sub-accounts of the VUL Separate Account and do not in any way represent actual
results or suggest that such results will be achieved in the future. Actual
values will differ from those shown whenever actual investment results differ
from hypothetical gross interest rates illustrated. A Guaranteed Interest
Account providing interest at a minimum guaranteed rate of 4% is also available
under this product through the General Account.
This illustration assumes a premium tax of 2.25%.
35
<PAGE>
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY Page 1 of 1
Statutory Home Office: East Greenbush, New York
MALE 35 NEVERSMOKE FACE AMOUNT: $100,000
INITIAL ANNUAL PREMIUM: $1,000
THE FLEX EDGE -- A FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE INSURANCE POLICY
OPTION 2
<TABLE>
<CAPTION>
Assuming
-----------------------------------------------------
Current Charges Guaranteed Charges
--------------------------- ------------------------
Assumed Cash Cash
Annual Premium Account Surrender Death Account Surrender Death
Premium Accum. Value Value Benefit Value Value Benefit
Year Payments @ 5% @ 12.00% @ 12.00% @ 12.00% @ 0.0% @ 0.0% @ 0.0%
- ------ ------ ------ ------- ------- ------ ------- ------ -------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
1 1,000 1,050 720 0 100,721 549 0 100,549
2 1,000 2,153 1,666 785 101,667 1,228 347 101,229
3 1,000 3,310 2,702 1,744 102,702 1,886 929 101,887
4 1,000 4,526 3,836 2,878 103,836 2,522 1,565 102,523
5 1,000 5,802 5,078 4,120 105,078 3,134 2,177 103,135
5 5,000 5,802 5,078 4,120 105,078 3,134 2,177 103,135
6 1,000 7,142 6,438 5,595 106,438 3,722 2,879 103,722
7 1,000 8,549 7,930 7,202 107,930 4,282 3,554 104,282
8 1,000 10,027 9,566 9,013 109,567 4,815 4,262 104,816
9 1,000 11,578 11,365 10,987 111,365 5,323 4,944 105,323
10 1,000 13,207 13,337 13,337 113,338 5,804 5,804 105,805
10 10,000 13,207 13,337 13,337 113,338 5,804 5,804 105,805
11 1,000 14,917 15,499 15,499 115,499 6,259 6,259 106,259
12 1,000 16,713 17,867 17,867 117,867 6,687 6,687 106,687
13 1,000 18,599 20,460 20,460 120,461 7,086 7,086 107,086
14 1,000 20,579 23,301 23,301 123,301 7,455 7,455 107,455
15 1,000 22,657 26,413 26,413 126,413 7,794 7,794 107,794
15 15,000 22,657 26,413 26,413 126,413 7,794 7,794 107,794
16 1,000 24,840 29,823 29,823 129,823 8,098 8,098 108,098
17 1,000 27,132 33,563 33,563 133,564 8,367 8,367 108,367
18 1,000 29,539 37,668 37,668 137,668 8,597 8,597 108,597
19 1,000 32,066 42,172 42,172 142,172 8,782 8,782 108,783
20 1,000 34,719 47,114 47,114 147,115 8,923 8,923 108,924
20 20,000 34,719 47,114 47,114 147,115 8,923 8,923 108,924
@ 62 27,000 57,403 97,846 97,846 197,846 8,585 8,585 108,586
@ 65 30,000 69,761 131,661 131,661 231,662 7,426 7,426 107,427
</TABLE>
Based on 0% interest rate and guaranteed charges, the policy will lapse in year
37.
Death Benefit, Account Value, and Cash Surrender Value are based on hypothetical
gross interest rates shown, assume current and guaranteed charges and no policy
loans or withdrawals, and are calculated at the end of the Policy Year. Assumed
Premium Payments shown are assumed paid in full at the beginning of the Policy
Year. Payment of premiums shown other than in full at the beginning of the
Policy Year would reduce values and benefits below the hypothetical illustrated
amounts shown. Values shown reflect an effective annual asset charge of 1.56%
(includes mortality and expense risk charge of 0.8% and average fund operating
expenses of 0.76% applicable to the investment sub-accounts of the VUL Separate
Account). Hypothetical gross interest rates are presented for illustrative
purposes only to illustrate funds allocated entirely to the investment
sub-accounts of the VUL Separate Account and do not in any way represent actual
results or suggest that such results will be achieved in the future. Actual
values will differ from those shown whenever actual investment results differ
from hypothetical gross interest rates illustrated. A Guaranteed Interest
Account providing interest at a minimum guaranteed rate of 4% is also available
under this product through the General Account.
This illustration assumes a premium tax of 2.25%.
36
<PAGE>
PART II. OTHER INFORMATION
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.
RULE 484 UNDERTAKING
Section 723 of the New York Business Corporation Law, as made applicable to
insurance companies by Section 108 of the New York Insurance Law, provides that
a corporation may indemnify any director or officer of the corporation made, or
threatened to be made, a party to an action or proceeding other than one by or
in the right of the corporation to procure a judgment in its favor, whether
civil or criminal, including an action by or in the right of any other
corporation of any type or kind, by reason of the fact that he, his testator or
intestate, served such other corporation in any capacity at the request of the
indemnifying corporation.
Article VI Section 6.1 of the By-Laws of Phoenix Home Life provides that: "To
the full extent permitted by the laws of the State of New York, the Company
shall indemnify any person made or threatened to be made a party to any action,
proceeding or investigation, whether civil or criminal, by reason of the fact
that such person . . . is or was a Director or Officer of the Company; or . . .
serves or served another corporation, partnership, joint venture, trust,
employee benefit plan or other enterprise in any capacity at the request of the
Company, and also is or was a Director or Officer of the Company . . . The
Company shall also indemnify any [such] person . . . by reason of the fact that
such person or such person's testator or intestate is or was an employee or
agent of the Company . . . ."
Insofar as indemnification for liability arising under the Securities Act of
1933 may be permitted to directors, officers and controlling persons of the
registrant pursuant to the foregoing provisions, or otherwise, the registrant
has been advised that in the opinion of the Securities and Exchange Commission
such indemnification is against public policy as expressed in the Act and is,
therefore, unenforceable. In the event that a claim for indemnification against
such liabilities (other than the payment by the registrant of expenses incurred
or paid by a director, officer or controlling person of the registrant in the
successful defense of any action, suit or proceeding) is asserted by such
director, officer or controlling person in connection with the securities being
registered, the registrant will, unless in the opinion of its counsel the matter
has been settled by controlling precedent, submit to a court of appropriate
jurisdiction the question whether such indemnification by it is against public
policy as expressed in the Act and will be governed by the final adjudication of
such issue.
REPRESENTATIONS, DESCRIPTION AND UNDERTAKINGS PURSUANT TO PARAGRAPH
(b)(13)(iii)(F) OF RULE 6e-3(T) UNDER THE INVESTMENT COMPANY ACT OF 1940.
Registrant makes the following representations:
(1) Section 6e-3(T)(b)(13)(iii)(F) is being relied upon.
(2) The level of the mortality and expense risk charge is within the range of
industry practice for comparable flexible or scheduled contracts.
(3) Phoenix Home Life Mutual Insurance Company has concluded that there is a
reasonable likelihood that the distribution financing arrangement of
Phoenix Home Life Variable Universal Life Account (the "VUL Account") will
benefit the VUL Account and Policyowners.
(4) The VUL Account will invest only in management companies which have
undertaken to have a board of directors, a majority of whom are not
interested persons of the company, formulate and approve any plan under
the Rule 12b-1 to finance distribution expenses.
The methodology used to support the representation made in paragraph (2) above
is based on an analysis of selected variable life insurance policies declared
effective by the Commission which contain similar guarantees and are sold in
similar markets. Registrant undertakes to keep and make available to the
Commission on request the documents used to support the representation in
paragraph (2) above and a memorandum setting forth the basis for the
representation in paragraph (3) above.
II-1
<PAGE>
CONTENTS OF REGISTRATION STATEMENT
This Post-Effective Amendment No. 12 to Form S-6 Registration Statement, File
No. 33-23251, comprises the following papers and documents:
The facing sheet.
The cross-reference sheet to Form N-8B-2.
The Prospectus describing Phoenix Home LIfe Policy Form 2667 and riders
thereto ("Flex Edge"), consisting of 36 pages.
The Prospectus describing Phoenix Home LIfe Policy Forms V601 and V603 and
riders thereto ("Joint Edge" and "Flex Edge Success," respectively),
consisting of 39 pages.
The undertaking to file reports.
The Rule 484 undertaking.
Representations, Description and Undertakings Pursuant to Paragraph
(b)(13)(iii)(F) of Rule 6e-3(T) under the Investment Company Act of 1940.
The signature page.
The powers of attorney.
Written consents of the following persons (to be provided by amendment):
(a) Richard J. Wirth, Esq.
(b) Jorden Burt Berenson & Johnson, LLP
(c) Price Waterhouse, LLP
(d) M. Spencer Hamilton, F.S.A.
The following exhibits:
1. The following exhibits correspond to those required by paragraph
A to the instructions as to exhibits in Form N-8B-2:
A. (1) Resolution of the Board of Directors of Depositor establishing
the VUL Account.***
(2) Not Applicable.
(3) Distribution of Policies:
(a) Form of Underwriting Agreement between Depositor and Phoenix
Equity Planning Corporation.*
(b) Form of Agreement between Phoenix Equity Planning Corporation and
Independent Brokers with respect to the sale of Policies.*
(c) Not Applicable.
(4) Not Applicable.
(5) Specimen Policies with optional riders
(a) Flexible Premium Variable Universal Life Insurance Policy Form
Number 2667 of Depositor, together with Amendment Permitting Face
Amount Increases VR01, Death Benefit Protection Rider VR02,
Variable Life Policy Exchange Option Rider VR08, Death Benefit
Option - Policy Amendment VR23, Temporary Money Market Allocation
Amendment VR130, Accidental Death Benefit Rider VR147, Disability
Payment of Specified Annual Premium Amount Rider VR148, Death
Benefit Options - Policy Amendment VR149, Additional Purchase
Option Rider VR150, and Accelerated Living Benefit Rider VR162.
("Flex Edge")
(b) Flexible Premium Joint Variable Universal Life Policy Form Number
V601 of Depositor, together with Temporary Money Market
Allocation Amendment VR130, Survivor Insurance Purchase Option
Rider VR03, Variable Joint Life Policy Exchange Option Rider
VR04, Disability Benefit to Age 65 Rider VR05 and Term Insurance
Rider VR06. ("Joint Edge")
(c) Flexible Premium Variable Universal Life Insurance Policy Form
Number V603 of Depositor, together with Temporary Money Market
Allocation Amendment VR130, Accidental Death Benefit Rider VR147,
Disability Payment of Specified Annual Premium Amount Rider
VR148, Purchase Protector Rider VR150, Living Benefit Rider
VR162, Whole Life Exchange Option Rider VR08, Cash Value
Accumulation Test Rider VR11 and Death Benefit Protection Rider
VR24. ("Flex Edge Success")
II-2
<PAGE>
(6) (a) Charter of Phoenix Home Life.
(b) By-Laws of Phoenix Home Life.
(7) Not Applicable.
(8) Not Applicable.
(9) Not Applicable
(10) Forms of application for each of Flex Edge, Joint Edge and Flex
Edge Success. [To be filed by Amendment]
(11) Memorandum describing transfer and redemption procedures and
method of computing adjustments in payments and cash values upon
conversion to fixed benefit policies.**
2. See Exhibit 1.A(5).
3. Opinion of Richard J. Wirth, Esq., Counsel of Depositor as to the
legality of the securities being registered. (See number 9 below).
4. Opinion of M. Spencer Hamilton, Actuary, as to Illustrations. (See number
10 below).
5. Not Applicable. No financial statement will be omitted from the Prospectus
pursuant to Instruction 1(b) or (c) of Part I.
6. Not Applicable.
7. Consent of Jorden Burt Berenson & Johnson, LLP. [To be filed by Amendment]
8. Consent of Price Waterhouse, LLP. [To be filed by Amendment]
9. Consent of Richard J. Wirth, Esq. [To be filed by Amendment]
10. Consent of M. Spencer Hamilton, F.S.A. [To be filed by Amendment]
- -----------------
* This exhibit was previously filed as an exhibit to Post-Effective
Amendment No. 2 to the registration statement filed May 1, 1990, and is
incorporated by reference from such Post-Effective Amendment.
** This exhibit was previously filed as an exhibit to Pre-Effective Amendment
No. 1 to the registration statement, filed October 21,
1988, and is incorporated by reference from such Pre-Effective Amendment.
***This exhibit was previously filed as an exhibit to this registration
statement filed July 21, 1988, and is incorporated by reference from such
registration statement.
II-3
<PAGE>
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the Registrant,
Phoenix Home Life Variable Universal Life Account has duly caused this
Post-effective Amendment No. 12 to the Registration Statement to be signed on
its behalf by the undersigned thereunto duly authorized, in the City of
Hartford, State of Connecticut on the 13th day of February, 1996.
PHOENIX HOME LIFE VARIABLE UNIVERSAL LIFE ACCOUNT
-------------------------------------------------
(Registrant)
By: PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY
-----------------------------------------
(Depositor)
By: /s/ Dona D. Young
-----------------------------------------
Dona D. Young, Executive Vice President,
Individual and General Counsel
ATTEST: /s/ Keith D. Robbins
------------------------------
Keith D. Robbins, Assistant Secretary
Pursuant to the requirements of the Securities Act of 1933, this Registration
Statement has been signed below by the following persons in the capacities and
on the dates indicated.
Signature Title Date
--------- ----- --------
Director February 13, 1996
- ------------------------------
*Sal H. Alfiero
Director February 13, 1996
- ------------------------------
*J. Carter Bacot
Director February 13, 1996
- ------------------------------
*Carol H. Baldi
Director February 13, 1996
- ------------------------------
*Peter C. Browning
Director February 13, 1996
- ------------------------------
*Richard N. Cooper
Director February 13, 1996
- ------------------------------
*Gordon J. Davis
Chairman of the Board,
President and Chief February 13, 1996
- ------------------------------
*Robert W. Fiondella Chief Executive Officer
(Principal Executive
Officer)
Director February 13, 1996
- ------------------------------
*John W. Johnstone
Director February 13, 1996
- ------------------------------
*Marilyn E. LaMarche
Director February 13, 1996
- ------------------------------
*Edward P. Lyons
Director February 13, 1996
- ------------------------------
*Philip R. McLoughlin
Director February 13, 1996
- ------------------------------
*Charles J. Paydos
S-1(c)
<PAGE>
Signature Title Date
--------- ----- --------
Director February 13, 1996
- ------------------------------
*Herbert Roth, Jr.
Director February 13, 1996
- ------------------------------
*Robert F. Vizza
Director February 13, 1996
- ------------------------------
*Wilson Wilde
Director February 13, 1996
- ------------------------------
*Robert G. Wilson
Executive Vice President February 13, 1996
- ------------------------------
*David W. Searfoss and Chief Financial
Officer (Principal
Financial & Accounting
Officer)
By: /s/ Dona D. Young
--------------------------------
* Dona D. Young as Attorney in Fact Pursuant to Powers of Attorney, copies of
which were filed previously with this Registration Statement.
S-2(c)
EXHIBIT 1A(5)(a)
SPECIMENT POLICY WITH OPTIONAL RIDERS
FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE
("FLEX EDGE")
<PAGE>
INSURED JOHN PHOENIX 45 MALE ISSUE AGE
AND SEX
POLICY NUMBER 11900015 JANUARY 15, 1995 POLICY DATE
FACE AMOUNT $100,000.00 JANUARY 15, 2045 POLICY
MATURITY DATE*
DEAR POLICYOWNER:
We agree to pay the benefits of this policy in accordance with its provisions.
It is important to us that you are satisfied with your policy and that it meets
your insurance goals. For service or information on this policy, contact the
agent who sold the policy, any of our agency offices, or our Variable and
Universal Life Division at the following address:
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY
UNDERWRITING AND ISSUE DEPARTMENT
100 BRIGHT MEADOW BOULEVARD
P.O. BOX 1900
ENFIELD, CT 06083-19OO
RIGHT TO CANCEL. You have the right to cancel this policy within a limited time
after the policy is delivered to you. The policy may be cancelled by returning
the policy to us at our Variable and Universal Life Division before the later
of:
1. 10 days after the policy is delivered to you; or
2. 10 days after a Notice of Right to Cancel is delivered to you; or
3. 45 days after Part 1 of the application is signed;
for a refund of:
1. the policy value less debt, if any; plus
2. any monthly deductions, partial surrender fees, and other charges made under
the policy.
The policy value and debt will be determined as of the nearest Valuation Date
coincident with or following the date we receive the returned policy at our
Variable and Universal Life Division.
Signed for Phoenix Home Life Mutual Insurance Company at its Main Administrative
Office in Hartford, Connecticut.
Sincerely yours,
/s/ Dona D. Young /s/ Robert W. Fiondella
Secretary Chief Executive Officer
Registrar
FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE INSURANCE POLICY
THE DEATH BENEFIT AND OTHER VALUES PROVIDED UNDER THIS POLICY ARE BASED ON THE
RATES OF INTEREST CREDITED ON ANY AMOUNTS ALLOCATED TO THE GUARANTEED INTEREST
ACCOUNT AND THE INVESTMENT EXPERIENCE OF THE SUB-ACCOUNTS WITHIN OUR SEPARATE
ACCOUNT TO WHICH YOUR PREMIUMS ARE ALLOCATED. THUS, THE DEATH BENEFIT AND OTHER
VALUES MAY INCREASE OR DECREASE IN AMOUNT OR DURATION. SEE PART 7 FOR A
DESCRIPTION OF HOW THE DEATH BENEFIT IS DETERMINED.
ELIGIBLE FOR ANNUAL DIVIDENDS
<PAGE>
SCHEDULE PAGE
BASIC INFORMATION
INSURED JOHN PHOENIX 45 MALE ISSUE AGE
AND SEX
POLICY NUMBER 11900015 JANUARY 15, 1995 POLICY DATE
FACE AMOUNT $100,000.00 JANUARY 15, 2045 POLICY
MATURITY DATE*
OWNER AS STATED IN THE APPLICATION UNLESS LATER CHANGED.
DEATH BENEFIT OPTION: DEATH BENEFIT OPTION 1 OR AS LATER CHANGED AS PROVIDED
HEREIN.
BENEFICIARY AS STATED IN THE APPLICATION UNLESS LATER CHANGED.
PREMIUMS
--------
ISSUE PREMIUM: $7,800.00
SUBSEQUENT PLANNED SEMI-ANNUAL PREMIUM:
TOTAL PREMIUM LIMIT: GREATER OF $51,248.25** AND RESULT OF $4,228.91
MULTIPLIED BY THE NUMBER OF POLICY YEARS (OR FRACTION
THEREOF) AFTER JANUARY 15, 1995
PREMIUM DUE DATES: ISSUE PREMIUM DUE ON POLICY DATE AND
SUBSEQUENT PLANNED PREMIUMS PAYABLE ON THE FIRST
DAY OF EACH SIX MONTHS THEREAFTER UNTIL MATURITY DATE.
SUB-ACCOUNT ALLOCATION SCHEDULE ON THE POLICY DATE
--------------------------------------------------
MONTHLY
SUB-ACCOUNT*** PREMIUMS DEDUCTIONS****
MONEY MARKET 0.0% NONE
GROWTH 0.0% NONE
BOND 0.0% NONE
GUARANTEED INTEREST 0.0% NONE
TOTAL RETURN 0.0% NONE
INTERNATIONAL 40.0% PROPORTIONATE
BALANCED 60.0% PROPORTIONATE
* THE MATURITY DATE IS THE LATEST DATE THAT THE POLICY WILL TERMINATE. EVEN
IF ALL PLANNED PREMIUMS ARE PAID THE POLICY MAY TERMINATE EARLIER THAN THE
MATURITY DATE. SEE SECTION ENTITLED "GRACE PERIOD AND LAPSE" IN PART 4 AND
"POLICY MATURITY" IN PART 6. ANY SURRENDER VALUE ON THE MATURITY DATE WILL
BE PAID TO YOU AS PROVIDED IN THE SECTION ENTITLED "POLICY MATURITY" IN
PART 6.
** THE AMOUNT WILL DECREASE WHEN MONTHLY CHARGES FOR ANY RIDER OR ANY OTHER
MONTHLY CHARGES CEASE.
*** SEE NEXT PAGE FOR DESCRIPTION OF SUB-ACCOUNTS.
**** SEE PART 1 FOR DEFINITION OF PROPORTIONATE. SUB-ACCOUNTS MARKED "NONE" WILL
BE CHARGED WITH A PORTION OF THE MONTHLY DEDUCTION ONLY IF THE SUB-ACCOUNTS
MARKED PROPORTIONATE ARE NOT SUFFICIENT TO MAKE THE FULL MONTHLY DEDUCTION.
PAGE 1 OF 6
<PAGE>
SCHEDULE PAGE
(CONTINUED)
INSURED: JOHN PHOENIX POLICY NUMBER: 11900015
SEPARATE ACCOUNT SUB-ACCOUNTS
FUND: THE PHOENIX EDGE SERIES FUND
MONEY MARKET THE INVESTMENT OBJECTIVE OF THE MONEY MARKET SUB-ACCOUNT IS
TO PROVIDE MAXIMUM CURRENT INCOME CONSISTENT WITH CAPITAL
PRESERVATION AND LIQUIDITY.
GROWTH THE INVESTMENT OBJECTIVE OF THE GROWTH SUB-ACCOUNT IS TO
ACHIEVE INTERMEDIATE AND LONG-TERM GROWTH OF CAPITAL, WITH
INCOME AS A SECONDARY CONSIDERATION.
BOND THE INVESTMENT OBJECTIVE OF THE BOND SUB-ACCOUNT IS TO SEEK
LONG-TERM TOTAL RETURN BY INVESTING IN A DIVERSIFIED
PORTFOLIO OF HIGH YIELD (HIGH RISK) AND HIGH QUALITY FIXED
INCOME SECURITIES.
TOTAL RETURN THE INVESTMENT OBJECTIVE OF THE TOTAL RETURN SUB-ACCOUNT IS
TO REALIZE AS HIGH A LEVEL OF TOTAL RATE OF RETURN OVER AN
EXTENDED PERIOD OF TIME AS IS CONSIDERED CONSISTENT WITH
PRUDENT INVESTMENT RISK.
INTERNATIONAL THE INVESTMENT OBJECTIVE OF THE INTERNATIONAL SUB-ACCOUNT IS
TO SEEK A HIGH TOTAL RETURN CONSISTENT WITH REASONABLE RISK.
THE INTERNATIONAL SUB-ACCOUNT INTENDS TO INVEST PRIMARILY IN
AN INTERNATIONALLY DIVERSIFIED PORTFOLIO OF EQUITY
SECURITIES. THE INTERNATIONAL PORTFOLIO PROVIDES A MEANS
FOR INVESTORS TO INVEST A PORTION OF THEIR ASSETS OUTSIDE
THE UNITED STATES.
BALANCED THE INVESTMENT OBJECTIVE OF THE BALANCED SUB-ACCOUNT IS TO
SEEK A REASONABLE INCOME, LCNG-TERM CAPITAL GROWTH AND
CONSERVATION OF CAPITAL. THE BALANCED SUB-ACCOUNT INTENDS
TO INVEST BASED ON COMBINED CONSIDERATIONS OF RISK, INCOME,
CAPITAL ENHANCEMENT AND PROTECTION OF CAPITAL VALUE.
GUARANTEED THE GUARANTEED INTEREST ACCOUNT IS NOT PART OF THE SEPARATE
INTEREST ACCOUNT. IT IS ACCOUNTED FOR AS PART OF OUR GENERAL
ACCOUNT ACCOUNT. WE WILL CREDIT INTEREST ON ANY AMOUNTS HELD UNDER
THE GUARANTEED INTEREST ACCOUNT AT SUCH RATES AS DESCRIBED
IN THE SECTION ENTITLED "GUARANTEED INTEREST ACCOUNT" IN
PART 5.
PAGE 2 OF 6
<PAGE>
SCHEDULE PAGE
(CONTINUED)
INSURED: JOHN PHOENIX POLICY NUMBER: 11900015
SUB-ACCOUNT FEES
----------------
MAXIMUM DAILY MORTALITY AND EXPENSE RISK FEE:
0.0000219 (BASED ON ANNUAL RATE OF 0.80%)
MAXIMUM DAILY TAX FEE: 0 OR SUCH GREATER AMOUNT AS MAY BE ASSESSED AS A RESULT
OF A CHANGE IN TAX LAWS.
POLICY CHARGES
--------------
ISSUE EXPENSE CHARGE: $150.00
PREMIUM TAX CHARGE: AS PROVIDED UNDER CURRENT OR FUTURE LAW OF STATE
WHERE POLICYOWNER RESIDES, CURRENTLY 0.175%.
MONTHLY DEDUCTION: SEE PART 4, "MONTHLY DEDUCTION". INCLUDES COST OF
INSURANCE, ANY RIDER CHARGES, ANY FLAT EXTRA MORTALITY
CHARGES AND A MONTHLY ADMINISTRATIVE CHARGE WHICH SHALL
NOT EXCEED $10.00 AND IS CURRENTLY SET AT $5.
MAXIMUM TRANSFER CHARGE: NONE
PARTIAL SURRENDER FEE: LESSER OF $25.00 OR 2% OF PARTIAL SURRENDER AMOUNT PAID.
SURRENDER CHARGE: SEE TABLE ON NEXT PAGE.
OTHER RATES:
-----------
GUARANTEED INTEREST ACCOUNT: MINUMUM RATE 4%.
LOAN INTEREST RATE: 8.00% FOR THE FIRST 10 POLICY YEARS OR UNTIL AGE 65
WHICHEVER IS SOONER, 7.00% THEREAFTER.
PAGE 3 OF 6
<PAGE>
SCHEDULE PAGE
(CONTINUED)
INSURED: JOHN PHOENIX POLICY NUMBER: 11900015
SURRENDER CHARGE
IN POLICY YEARS 1 THROUGH 10 THE FULL SURRENDER CHARGE IS AS DESCRIBED BELOW.
THE APPLICABLE SURRENDER CHARGE IN ANY POLICY MONTH IS THE FULL SURRENDER CHARGE
MINUS ANY SURRENDER CHARGES PREVIOUSLY PAID, BUT NOT LESS THAN ZERO. IN ALL
POLICY YEARS AFTER THE 10TH POLICY YEAR THE SURRENDER CHARGE IS ZERO.
THE FULL SURRENDER CHARGE IN ANY POLICY MONTH DURING POLICY YEARS 1 THROUGH 10
IS THE LESSER OF THE AMOUNT SHOWN BELOW IN THE MAXIMUM SURRENDER CHARGE TABLE
AND AN AMOUNT EQUAL TO A PLUS B AS DEFINED BELOW.
A IS EQUAL TO THE SUM OF (1), (2) AND (3) WHERE,
(1) EQUALS 30% OF THE FIRST $3,362.62 OF PREMIUMS PAID;
(2) EQUALS 10% OF THE PORTION OF CUMULATIVE PREMIUMS PAID IN
EXCESS OF $3,362.62 AND NOT GREATER THAN $6,725.24
(3) EQUALS 9% OF CUMULATIVE PREMIUMS PAID IN EXCESS OF $6,725.24
B IS EQUAL TO $1,000.00
MAXIMUM SURRENDER CHARGE TABLE
------------------------------
POLICY SURRENDER POLICY SURRENDER POLICY SURRENDER
MONTH CHARGE MONTH CHARGE MONTH CHARGE
- ------ --------- ------ --------- ------ ---------
1- 12 2,681.31 77 2,225.48 99 1,426.45
13- 24 2,681.31 78 2,198.67 100 1,385.70
25- 36 2,681.31 79 2,171.86 101 1,344.94
37- 48 2,681.31 80 2,145.04 102 1,304.18
49- 60 2,681.31 81 2,118.23 103 1,263.43
61 2,654.49 82 2,091.42 104 1,222.67
62 2,627.68 83 2,064.60 105 1,181.92
63 2,600.87 84 2,037.79 106 1,141.16
64 2,574.05 85 1,997.03 107 1,100.40
65 2,547.24 86 1,956.28 108 1,059.65
66 2,520.43 87 1,915.52 109 971.34
67 2,493.61 88 1,874.77 110 883.04
68 2,466.80 89 1,834.01 111 794.74
69 2,439.99 90 1,793.26 112 706.43
70 2,413.17 91 1,752.50 113 618.13
71 2,386.36 92 1,711.74 114 529.82
72 2,359.55 93 1,670.99 115 441.52
73 2,332.73 94 1,630.23 116 353.21
74 2,305.92 95 1,589.48 117 264.91
75 2,279.11 96 1,548.72 118 176.80
76 2,252.30 97 1,507.96 119 88.30
98 1,467.21 120 .00
PAGE 4 OF 6
<PAGE>
SCHEDULE PAGE
(CONTINUED)
INSURED: JOHN PHOENIX POLICY NUMBER: 11900015
TABLE OF GUARANTEED MAXIMUM COST OF INSURANCE RATES
BASED ON 1980 CSO MORTALITY TABLE
PER $1,000 OF NET AMOUNT AT RISK
RISK CLASSIFICATION: MALE NON-SMOKER
ATTAINED MONTHLY ATTAINED MONTHLY ATTAINED MONTHLY
AGE* RATE AGE* RATE AGE* RATE
45 0.27670 62 1.28500 79 7.14330
46 0.29920 63 1.42580 80 7.80580
47 0.32330 64 1.58500 81 8.54330
48 0.34920 65 1.76080 82 9.37670
49 0.37830 66 1.95000 83 10.31580
50 0.40920 67 2.15500 84 11.34250
51 0.44580 68 2.37500 85 12.43330
52 0.48830 69 2.61500 86 13.56670
53 0.53580 70 2.88580 87 14.73250
54 0.59080 71 3.19250 88 15.90750
55 0.65170 72 3.54670 89 17.10750
56 0.71920 73 3.95330 90 18.34920
57 0.79080 74 4.41000 91 19.65330
58 0.86830 75 4.90000 92 21.06250
59 0.95580 76 5.42170 93 22.63580
60 1.05330 77 5.97000 94 24.63750
61 1.16170 78 6.53920
*ATTAINED AGE IS DEFINED IN PART 1.
PAGE 5 OF 6
<PAGE>
SCHEDULE PAGE
(CONTINUED)
INSURED: JOHN PHOENIX POLICY NUMBER: 11900015
TABLE OF FACE AMOUNTS OF INSURANCE
----------------------------------
ISSUE DATE FACE AMOUNT RISK CLASSIFICATION
JANUARY 15, 1995 $100,000.00 MALE NON-SMOKER
RIDERS AND RIDER BENEFITS
-------------------------
RIDER PAYABLE MONTHLY
RIDER DESCRIPTION DATE AMOUNT PREMIUM TO CHARGE
- ----------------- ---- ------ ------- ------- -------
VR130 TEMPORARY MONEY MARKET ALLOCATION AMENDMENT
VRO8 VARIABLE LIFE 1/15/1995 NONE NONE
POLICY EXCHANGE
OPTION RIDER
PAGE 6 OF 6
<PAGE>
TABLE OF CONTENTS
PART PAGE
Schedule Page(s)
Basic Information
Description of Sub-accounts
Policy Charges and Rates
Table of Surrender Charges
Table of Face Amounts of Insurance
Table of Guaranteed Maximum
Cost of Insurance Rates
Table of Contents
1. Definitions........................................................... 1-2
2. About the Policy...................................................... 2
Effective Date of Insurance......................................... 2
Entire Contract..................................................... 2
Dividends........................................................... 2
Contestability...................................................... 2
Suicide............................................................. 3
Misstatement of Age or Sex.......................................... 3
Assignments......................................................... 3
Annual Reports...................................................... 3
Transaction Rules................................................... 3
3. Rights of Owner....................................................... 4
Who is the Owner.................................................... 4
What are the Rights of the Owner.................................... 4
How to Change the Owner............................................. 4
4. Premiums.............................................................. 5
Premium Allocation to
Sub-Accounts...................................................... 5
Premium Flexibility................................................. 5
Total Premium Limit................................................. 5
Grace Period and Lapse.............................................. 6
Policy Value........................................................ 6
Monthly Deduction................................................... 6
5. The Accounts.......................................................... 7
Guaranteed Interest Account......................................... 7
Separate Account.................................................... 8
Voting Rights....................................................... 9
Share of Separate Account Sub-
Account Values.................................................... 9
Unit Value.......................................................... 9
Net Investment Factor............................................... 9
6. Lifetime Benefits..................................................... 10
Transfers........................................................... 10
Loans............................................................... 10
Loan Interest....................................................... 11
Cash Surrender Value................................................ 12
Full Surrender...................................................... 12
Partial Surrender................................................... 12
Policy Maturity..................................................... 13
Additional Insurance Option......................................... 13
7. Death Benefits........................................................ 14
How Death Benefit is Determined..................................... 14
Requests for a Decrease in Face
Amount............................................................ 15
Death Proceeds...................................................... 15
Interest on Death Proceeds.......................................... 15
The Beneficiary..................................................... 16
How to Change the Beneficiary....................................... 16
8. Payment Options....................................................... 16
Who May Elect Payment Options....................................... 16
How to Elect a Payment Option....................................... 16
Payment Options..................................................... 17
(1) Payment in one sum.............................................. 17
(2) Left to earn interest........................................... 17
(3) Payments for a specified period................................. 17
(4) Life Annuity with Specified period
certain......................................................... 17
(5) Life Annuity.................................................... 18
(6) Payments of specified amount.................................... 18
(7) Joint survivorship annuity w/10
year period certain............................................. 18
Additional Interest............................................. 18
9. Tables of Payment Option Amounts...................................... 19
<PAGE>
PART 1: DEFINITIONS
ATTAINED AGE Age of the insured on the birthday nearest the most recent
policy anniversary.
DEBT Unpaid loans against this policy with accrued interest.
GENDER The terms "he," "his" and "him" are applicable without
regard to sex. Where proper, "she," "hers" or "her" may be
substituted.
IN FORCE The policy has not terminated.
IN WRITING In a written form satisfactory to us and filed at our VUL.
(WRITTEN REQUEST)
VUL Our Variable and Universal Life Division. The address is
shown on the cover page of this policy.
MONTHLY The first Monthly Calculation Day of a policy is the same
CALCULATION DAY day as its Policy Date as shown on the Schedule Page.
Subsequent Monthly Calculation Days are the same day for
each month thereafter or, if such day does not fall within a
given month, the last day of that month will be the Monthly
Calculation Day.
PAYMENT DATE The Valuation Date on which a premium payment or loan
repayment is received at our VUL unless it is received after
the close of the New York Stock Exchange in which case it
will be the next Valuation Date.
POLICY The anniversary of the Policy Date.
ANNIVERSARY
POLICY DATE The policy date as shown on the Schedule Page. It is the
date from which policy years and policy anniversaries are
measured.
POLICY MONTH The period from one Monthly Calculation Day up to but not
including the next Monthly Calculation Day.
POLICY VALUE The policy value as defined in Part 4.
POLICY YEAR The first policy year is the one-year period from the Policy
Date to, but not including, the first policy anniversary.
Each succeeding policy year is the one-year period from the
policy anniversary to but not including the next policy
anniversary.
PROPORTIONATE Amounts allocated to sub-accounts on a proportionate basis
are allocated by increasing (or decreasing) this policy's
share in the value of the affected sub-accounts so that such
shares maintain the same ratio to each other before and
after the allocation.
SEPARATE ACCOUNT Phoenix Home Life Variable Universal Life Account.
SUB-ACCOUNTS The Guaranteed Interest Account (exclusive of the loaned
portion of such account) and the accounts within our
Separate Account to which non-loaned assets under the policy
are allocated as described in Part 5.
- 1 -
<PAGE>
UNIT A standard of measurement, as described in Part 4, used to
determine the share of this policy in the value of each sub-
account of the Separate Account.
VALUATION DATE Every day the New York Stock Exchange is open for trading
and Phoenix Home Life is open for business.
VALUATION PERIOD The period in days from the end of one Valuation Date
through the next Valuation Date.
WE (OUR, US) means Phoenix Home Life Mutual Insurance Company.
YOU (YOUR) The owner of this policy.
PART 2: ABOUT THE POLICY
EFFECTIVE DATE This policy will begin in force on the Policy Date, provided
OF INSURANCE the issue premium is paid while the insured is alive.
ENTIRE CONTRACT This policy and the written application of the policyholder,
a copy of which is attached to and made a part of the
policy, are the entire contract between you and us. Any
change in the provisions of the contract, to be in effect,
must be signed by one of our executive officers and
countersigned by our registrar or one of our executive
officers. This policy is issued by us at our Main
Administrative Office in Hartford, Connecticut. Any benefits
payable under this policy are payable at our Main
Administrative Office.
DIVIDENDS While this policy is in force it will share in our divisible
surplus to the extent that we may provide. We do not expect
any dividends to be apportioned to this policy. The share
to be apportioned to this policy, if any, will be determined
annually by us and credited no later than the end of the
policy year for which it was determined. You may elect that
the dividend be paid to you in cash or applied under any
other method mutually agreed to by you and us.
CONTESTABILITY We rely on all statements made by or for the insured in the
written application. These statements are considered to be
representations and not warranties. We can contest the
validity of this policy and any coverage under it for any
material misrepresentation of fact To do so, however, the
misrepresentation must be contained in an application and
the application must be attached to this policy when issued.
We cannot contest the validity of this policy after it has
been in force during the insured's lifetime for two years
from its Policy Date. If we contest this policy, the death
benefit will be limited to the policy value adjusted by the
following amounts:
a. we add any monthly deductions and any other fees and
charges made under this policy;
b. we subtract any debt owed us under this policy.
- 2 -
<PAGE>
SUICIDE If within two years from the Policy Date the insured dies by
suicide, while sane or insane and while this policy is in
force, the amount of death benefit will be limited to the
policy value adjusted by the following amounts:
a. we add any monthly deductions and any other fees
and charges made under this policy;
b. we subtract any debt owed us under this policy.
MISSTATEMENT OF If the age or sex of the insured has been misstated, any
AGE OR SEX benefits payable under this policy will be adjusted to
reflect the correct age and sex as follows:
(A) For adjustments made prior to the insured's death, no
change will be made to the then current cost of
insurance rates, but subsequent cost of insurance rates
will be adjusted to such rates that would apply had
this policy been issued based on the correct age and
sex.
(B) For adjustments made at the time of the insured's
death, the death benefit payable will be adjusted to
reflect the amount of coverage that would have been
supported by the most recent monthly deduction based on
the then current cost of insurance rate for the correct
age and sex.
ASSIGNMENTS Except as otherwise provided herein, any or all of the
rights in this policy may be assigned. We will not be
considered to have notice of any assignment until we receive
the original or copy of the assignment at our VUL. We are
not responsible for the validity of any assignment.
ANNUAL REPORTS We will annually send you a report showing for this policy:
a. the then current policy value, cash surrender value,
death benefit and face amount;
b. the premiums paid, and deductions and partial
surrenders made since the last report;
c. any outstanding debt;
d. an accounting of the change in policy value since the
last report; and
e. such additional information as required by applicable
law or regulation.
TRANSACTION RULES Requests for transactions involving sub-accounts will
usually be processed within 7 days after we receive the
written request at our VUL. However, we may at our
discretion postpone the payment of any variable death
benefit in excess of the initial face amount, any policy
loans, partial withdrawals, surrenders or transfers:
(A) For up to six months from the date of request, for any
transactions dependent upon the value of the Guaranteed
Interest Account; or
(B) Otherwise, for any period during which the New York
Stock Exchange is closed for trading (except for normal
holiday closing) or when the Securities and Exchange
Commission has determined that a state of emergency
exists which may make processing such transactions
impractical.
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<PAGE>
PART 3: RIGHTS OF OWNER
WHO IS THE OWNER The owner is the person named as owner in the application,
unless later changed as provided in this policy. If you,
the owner, are not the insured and you die before the
insured, ownership rights in this policy will pass to the
successive owner if one has been named, except that if joint
owners are designated, this policy would remain with the
surviving joint owners until death of the survivors. The
insured will be the owner if no other person is named the
owner. If more than one person is named as owner, they must
act jointly unless you and we agree otherwise.
WHAT ARE THE RIGHTS You control this policy during the insured's lifetime but
OF THE OWNER not until this policy begins in force. Unless you and we
agree otherwise, you may exercise all rights provided under
this policy without the consent of anyone else. These
rights include the right to:
a. Receive any amounts payable under this policy during
the insured's lifetime.
b. Change the owner or the interest of any owner.
c. Change the planned premium payment amount and
frequency. See Part 4.
d. Change the sub-account allocation schedule for premium
payments and monthly deductions. See Part 4.
e. Transfer amounts between and among sub-accounts. See
Part 6.
f. Obtain policy loans. See Part 6.
g. Obtain a partial surrender. See Part 6.
h. Surrender this policy for its cash surrender value.
See Part 6.
i. Select a payment option for any cash surrender value
that becomes payable. See Part 6.
j. Request changes in the insurance amount. See Parts 6
and 7.
k. Change the beneficiary of the death benefit.
See Part 7.
l. Assign, release, or surrender any interest in the
policy.
You may exercise these rights only while the insured is
alive. Exercise of any of these rights will, to the extent
thereof, assign, release, or surrender the interest of the
insured and all other beneficiaries and owners under this
policy.
HOW TO CHANGE You may change the owner by written request, satisfactory to
THE OWNER us, filed at our VUL.
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<PAGE>
PART 4: PREMIUMS
PREMIUM ALLOCATION The issue premium as shown on the Schedule Page is due on
TO SUB-ACCOUNTS the Policy Date. The insured must be alive when the issue
premium is paid. Thereafter, the amount and payment
frequency of planned premiums are as shown on the Schedule
Page unless later changed as described below. All premiums
are payable in advance at our VUL, except that the issue
premium may be paid to an authorized agent of ours for
forwarding to our VUL. No benefit associated with any
premium shall be provided until it is actually received by
us at our VUL.
Any premiums received by us at our VUL will be reduced by
the premium tax charge stated on the Schedule Page. The
issue premium will also be reduced by the issue expense
charge shown on the Schedule Page to the extent such premium
is sufficient to pay such charge. Any unpaid balance of the
issue expense charge will be included as part of the monthly
deduction described below until fully paid. Payments
received by us during a grace period will also be reduced by
the amount needed to cover any monthly deductions during the
grace period. The remainder will be applied on the Payment
Date to the various sub-accounts based on the premium
allocation schedule elected in the application for this
policy or as later changed by you. You may change the
allocation schedule for premium payments by written notice
filed with us at our VUL. Allocations to each sub-account
must be expressed in whole percentages unless we agree
otherwise.
The number of units credited to each sub-account of the
Separate Account will be determined by dividing the net
premium applied to that sub-account by the unit value of
that sub-account on the Payment Date. The number of units
credited to each sub-account is carried to 4 decimal places.
PREMIUM FLEXIBILITY Subject to the total premium limit described in the next
section and except for the issue premium, you may change the
amount and frequency of premium payments while this policy
is in force during the lifetime of the insured as follows:
a. You may increase or decrease the planned premium
amount or payment frequency at any time by written
notice to us. We reserve the right to limit increases
to such maximums as we may establish from time to time.
b. Additional premium payments may be made at any time.
c. Each premium payment made must at least equal $100 or,
if during a grace period, the amount needed to prevent
lapse of this policy. We reserve the right to reduce
this limit.
TOTAL PREMIUM LIMIT The total premium limit is shown on the Schedule Page and is
applied to the sum of all premiums received by us for this
policy to date, reduced by the sum of all partial surrender
amounts paid by us to date. If the total premium limit is
exceeded, we will pay you the excess, with interest at an
annual rate of not less than 4%, not later than 60 days
after the end of the policy year in which the limit was
exceeded. The policy value will be adjusted to reflect such
refund. The amount to be taken from each sub-account will
be allocated in the same manner as provided for monthly
deductions unless you in writing request another allocation.
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<PAGE>
The total premium limit may be exceeded if additional
premium is needed to prevent lapse under the grace period
and lapse provision. The total premium limit may change due
to:
a. a partial surrender or a decrease in face amount;
b. addition, cancellation, or change of a rider; or
c. a change in federal tax laws or regulations.
If the total premium limit changes, we will send you a
Revised Schedule Page reflecting the change. However, we
reserve the right to require that this policy be returned to
us so that we may endorse the change.
GRACE PERIOD If on any Monthly Calculation Day during the first policy
AND LAPSE year the policy value is less than the required monthly
deduction, a grace period of 61 days will be allowed for the
payment of an amount equal to three times the required
monthly deduction. If on any Monthly Calculation Day during
any subsequent policy year the cash surrender value is less
than the required monthly deduction, a grace period of 61
days will be allowed for the payment of an amount equal to
three times the required monthly deduction. This policy
will continue in force during any such grace period.
We will mail a written notice to you and any assigns at the
post office addresses last known to us as to the amount of
premium required. If such premium is not paid to us by the
end of the grace period this policy will lapse without
value, but not before 30 days have elapsed since we mailed
our written notice to you. The "date of lapse" will be the
Monthly Calculation Day on which the deduction was to be
made, and any insurance and rider benefits provided under
this policy will terminate as of that date.
POLICY VALUE The policy value is the sum of the shares of this policy in
the value, if any, of each sub-account of the Separate
Account and the value of this policy's Guaranteed Interest
Account. See Part 5 for an explanation as to how this
policy's share in the value of each sub-account of the
Separate Account is determined and for a description of the
Guaranteed Interest Account.
MONTHLY DEDUCTION A deduction is made each policy month from the policy value
(excluding the value of the loaned portion of the Guaranteed
Interest Account) to pay:
(a) the cost of insurance provided under this policy;
(b) any flat extra mortality charges;
(c) the cost of any rider benefits provided;
(d) any unpaid balance of the issue expense charge; and
(e) an administrative charge as shown on the Schedule Page.
The administrative charge may vary but in no event will
exceed the maximum amount shown on the Schedule Page.
We will send you a written notice of any change at
least 30 days in advance of such change.
Deductions are made on each Monthly Calculation Day. If the
Monthly Calculation Day is not a valuation date, the monthly
deduction for that policy month will be made on the next
valuation date.
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<PAGE>
You may request in the application for this policy that
monthly deductions not be taken from certain specified sub-
accounts. Such a request may later be changed by notifying
us in writing but only with respect to future monthly
deductions. Monthly deductions will be taken from this
policy's share of the remaining sub-accounts exclusive of
the loaned portion of the Guaranteed Interest Account, on a
proportionate basis. In the event this policy's share in
the value of such sub-accounts is not sufficient to permit
the withdrawal of the full monthly deduction, the remainder
will be taken on a proportionate basis from this policy's
share of each of the other sub-accounts exclusive of the
loaned portion of the Guaranteed Interest Account.
The number of units deducted from each sub-account of the
Separate Account will be determined by dividing the portion
of the monthly deduction allocated to each such sub-account
by the unit value of that sub-account on the Monthly
Calculation Day.
Each monthly deduction will pay the cost of insurance from
the Monthly Calculation Day on which the deduction is made
up to but not including the next Monthly Calculation Day.
The cost of insurance is equal to the cost of insurance rate
for the current policy month divided by 1000 and then
multiplied by the result of:
(a) the death benefit on the Monthly Calculation Day; minus
(b) the policy value on the Monthly Calculation Day.
The cost of insurance rate for the current policy month is
based on the insured's attained age and risk classification.
The rate used in computing the cost of insurance is obtained
from the Table of Guaranteed Maximum Cost of Insurance Rates
on the Schedule Page for the risk classification(s) shown,
or such lower rate as we may declare. Any change we make in
the declared cost of insurance rates will be uniform by
class and based on our future mortality, expense and lapse
expectations. The declared cost of insurance rates for an
insured will not be affected by a change in the insured's
health or occupation.
PART 5: THE ACCOUNTS
Assets under this policy, may be allocated either to the
Guaranteed Interest Account or to any of the sub-accounts of
the Separate Account to support the operation of the
Separate Account.
GUARANTEED INTEREST The Guaranteed Interest Account is not part of the Separate
ACCOUNT Account. It is accounted for as part of our General Account.
We reserve the right to limit cumulative deposits, including
transfers, to the unloaned portion of the Guaranteed
Interest Account during any one-week period to no more than
$250,000. We will credit interest daily on the amounts
allocated under this policy to the Guaranteed Interest
Account. The loaned portion of the Guaranteed Interest
Account will be credited interest at an effective annual
fixed rate of 6%. We will credit interest on the unloaned
portion of the Guaranteed Interest Account at such rates as
we shall determine but in no event will the effective annual
rate of interest on such portion be less than 4%.
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<PAGE>
On the last working day of each week we will set the
interest rate that will apply to any net premium or
transferred amounts deposited to the unloaned portion of the
Guaranteed Interest Account during the following week. A
week begins on Saturday and ends on the following Friday.
That rate will remain in effect for such deposits, for an
initial guarantee period of one full year. Upon expiry of
the initial one-year guarantee period, and each subsequent
one-year guarantee period thereafter, the rate applicable
for any deposits in the unloaned portion of the Guaranteed
Interest Account whose guarantee period has just ended shall
be the same rate that applies to new deposits to such sub-
account made during the week in which the guarantee period
expired. Such rate shall likewise remain in effect for such
deposits for a subsequent guarantee period of one full year.
All transfers, partial surrenders, and deductions from the
unloaned portion of the Guaranteed Interest Account will be
assessed on a Last-In, First-Out basis based on the date the
deposit was initially made to the unloaned portion of such
sub-account. At the end of each policy year and at the time
of any debt repayment, interest credited to the loaned
portion of the Guaranteed Interest Account will be
transferred to the unloaned portion of the Guaranteed
Interest Account. We reserve the right to add other
Guaranteed Interest Accounts, subject, where required, to
approval by the issuance of supervisory official of the
state where this policy is delivered.
SEPARATE ACCOUNT The Separate Account has been established by us as a
separate account pursuant to Connecticut law and is
registered as a unit investment trust under the Investment
Company Act of 1940 (1940 Act). Income and realized and
unrealized gains and losses from assets in the Separate
Account are credited to or charged against it without regard
to our other income, gains or losses. We own the Separate
Account assets and they are kept separate from the assets of
our General Account. Separate Account assets will be valued
on each valuation date. The portion of the Separate Account
equal to reserves and liabilities for policies supported by
the Separate Account will not be charged with any
liabilities arising out of our other business. We reserve
the right to use assets of the Separate Account in excess of
these reserves and liabilities for any purpose.
The Separate Account has several sub-accounts available
under this policy as shown on the Schedule Page. We have the
right to add additional sub-accounts of the Separate Account
subject to approval by the Securities and Exchange
Commission and, where required, by the insurance supervisory
official of the state where this policy is delivered. We use
the assets of the Separate Account to buy shares of the Fund
identified on the Schedule Page according to your allocation
instructions. The Fund is registered under the 1940 Act as
an open-end, diversified management investment company. The
Fund has separate Portfolios that correspond to the sub-
accounts of the Separate Account. Assets of each such sub-
account are invested in shares of the corresponding Fund
Portfolio.
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<PAGE>
A Portfolio of the Fund might make a material change in its
investment policy. If that occurs, you will be notified of
the change. In addition, no change will be made in the
investment policy of any of the sub-accounts of the Separate
Account without approval of the appropriate insurance
supervisory official of our domiciliary state of New York.
The approval process is on file with the insurance
supervisory official of the state where this policy is
delivered. If, in our judgment, a Portfolio of the Fund
becomes unsuitable for investment by a sub-account of the
Separate Account for any reason, we may substitute shares of
another Portfolio of the Fund or shares of another mutual
fund. Any such change will be subject to approval by the
Securities and Exchange Commission and, where required, by
the insurance supervisory official of the state where this
policy is delivered.
VOTING RIGHTS Although we are the legal owner of the Fund shares, we will
vote the shares at regular and special meetings of the
shareholders of the Fund in accordance with instructions
received from you and the other owners of the policies. Any
shares held by us will be voted in the same proportion as
voted by you and the other owners of the policies. However,
we reserve the right to vote the shares of the Fund without
direction from you if there is a change in the law which
would permit this to be done.
SHARE OF SEPARATE The share of this policy in the value of each sub-account of
ACCOUNT SUB-ACCOUNT the Separate Account on a valuation date is the unit value
VALUES of that sub-account on that day multiplied by the number of
this policy's units in that sub-account after all
transactions for the valuation period ending on that day
have been processed. For any day which does not fall on a
valuation date, the share of this policy in the value of
each sub-account of the Separate Account is determined using
the number of units on that day after all transactions for
that day have been processed and the unit values on the next
valuation date.
UNIT VALUE The unit value of each sub-account of the Separate Account
was set by us on the first valuation date of each such sub-
account. The unit value of a sub-account of the Separate
Account on any other valuation date is determined by
multiplying the unit value of that sub-account on the just
prior valuation date by the Net Investment Factor for that
sub-account for the then current valuation period. The unit
value of each sub-account of the Separate Account on a day
other than a valuation date is the unit value on the next
valuation date. Unit values are carried to 6 decimal
places. The unit value of each sub-account of the Separate
Account on a valuation date is determined at the end of that
day.
NET INVESTMENT The Net Investment Factor for each sub-account of the
FACTOR Separate Account is determined by the investment performance
of the assets held by the sub-account during the valuation
period. Each valuation will follow applicable law and
accepted procedures. The Net Investment Factor is equal to
item (D) below subtracted from the result of dividing the
sum of items (A) and (B) by item (C) as defined below.
(A) The value of the assets in the sub-account on the
current valuation date, including accrued net
investment income and realized and unrealized capital
gains and losses, but excluding the net value of any
transactions during the current valuation period.
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<PAGE>
(B) The amount of any dividend (or, if applicable, any
capital gain distribution) received by the sub-account
if the "ex-dividend" date for shares of the Fund occurs
during the current valuation period.
(C) The value of the assets in the sub-account as of the
just prior valuation date, including accrued net
investment income and realized and unrealized capital
gains and losses, and including the net value of all
transactions during the valuation period ending on that
date.
(D) The sum of the following daily charges as shown on the
Schedule Page, multiplied by the number of days in the
current valuation period:
1. the mortality and expense risk charge; and
2. the charge, if any, for taxes and reserves for
taxes on investment income, and realized and
unrealized capital gains.
PART 6: LIFETIME BENEFITS
TRANSFERS You may transfer this policy's value among the sub-accounts
of the Separate Account and the unloaned portion of the
Guaranteed Interest Account. Unless we agree otherwise, you
may make only one transfer per policy year from the unloaned
portion of the Guaranteed Interest Account. Transfers from
the unloaned portion of the Guaranteed Interest Account will
be effectuated by us on the last valuation date to occur in
the calendar quarter during which the transfer request was
received by us at our VUL. The amount that may be
transferred from the unloaned portion of the Guaranteed
Interest Account at any one time cannot exceed the higher of
$1000 or 25% of the value of this policy in the unloaned
portion of that sub-account.
We reserve the right to require that such transfers be made
by written request. We further reserve the right to permit
transfers of less than $500 only if the entire balance in
the sub-account is transferred. A transfer charge will be
imposed in such amount as stated on the Schedule Page. Any
such charge, will be deducted from the sub-accounts from
which the amounts are to be transferred in the same
proportion as the amounts to be transferred to each sub-
account bear to the total amount transferred. We reserve
the right to prohibit a transfer to any sub-account where
the resultant value of this policy's share in that sub-
account immediately after the transfer would be less than
$500. We further reserve the right to require that the
entire balance of a sub-account be transferred if the share
of this policy in the value of that sub-account would,
immediately after the transfer, be less than $500.
LOANS While this policy is in force, a loan may be obtained
against this policy in any amount up to the available loan
value. To obtain a loan this policy must be properly
assigned to us as security. We need no other collateral.
We reserve the right not to allow loans of less than $500
unless the loans are to pay premiums on another policy
issued by us. The loan value on any day during the first 3
policy years is 75% of the result of
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<PAGE>
subtracting the then remaining surrender charge from the
then policy value. The loan value on any day after the
first 3 policy years is 90% of the result of subtracting the
then remaining surrender charge from the then policy value.
The "available loan value" is the loan value on the current
day less any outstanding debt.
The amount of the loan will be added to the loaned portion
of the Guaranteed Interest Account and subtracted from this
policy's share of the sub-accounts based on the allocation
you request at the time of the loan. The total reduction
will equal the amount added to the loaned portion of the
Guaranteed Interest Account. Unless we agree otherwise,
allocations to each sub-account must be expressed in whole
percentages. If no allocation request is made, the amount
subtracted from the share of each sub-account will be
determined in the same manner as provided for monthly
deductions.
Debt may be repaid at any time during the lifetime of the
insured while this policy is in force. Such repayment, in
excess of any outstanding accrued loan interest, will be
applied to reduce the loaned portion of the Guaranteed
Interest Account and will be transferred to the unloaned
portion of the Guaranteed Interest Account to the extent
that loaned amounts taken from such account have not
previously been repaid. Otherwise, such balance will be
transferred among the sub-accounts you request upon
repayment and, if no allocation request is made, we will use
your most recent premium allocation schedule on file with
us. Any debt repayment received by us during a grace period
as described in Part 4 will be reduced to cover any overdue
monthly deductions and only the balance applied to reduce
the debt. Such balance will also be applied as described to
reduce the loaned portion of the Guaranteed Interest
Account.
While there is any outstanding debt against this policy, any
payments received by us for this policy will be applied
directly to reduce the debt unless specified as a premium
payment. Until the debt is fully repaid, additional debt
repayments may be made at any time during the lifetime of
the insured while this policy is in force.
Failure to repay a policy loan or to pay loan interest will
not terminate this policy except as otherwise provided under
Grace Period and Lapse in Part 4 when the policy does not
have sufficient remaining value to pay the monthly
deductions, in which event, that grace period provision will
apply.
LOAN INTEREST Loans will bear interest at an effective annual rate equal
to the loan interest rate shown on the Schedule Page and
will be compounded daily. Interest will accrue on a daily
basis from the date of the loan and is included as part of
the debt under this policy. Loan interest will be due on
each policy anniversary. If not paid when due, the
outstanding accrued interest on that date will be charged as
a loan against this policy.
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<PAGE>
CASH SURRENDER The cash surrender value of this policy is the policy value
VALUE as defined in Part 4 less any applicable surrender charge on
the date of surrender as stated on the Schedule Page and
less any debt.
FULL SURRENDER You may fully surrender this policy for its cash surrender
value by returning this policy to us at our VUL along with a
written release and surrender of all claims under this
policy signed by you and any assigns. You may do this at
any time during the lifetime of the insured while this
policy is in force. The written surrender must be in a form
satisfactory to us and must include such tax withholding
information as we may reasonably require. The surrender
will be effective on the "date of surrender" which is the
later of the dates on which we receive the returned policy
and the written surrender. Upon full surrender all
insurance and any rider benefits provided under this policy
will terminate. You may direct that we apply the surrender
proceeds under any of the Payment Options described in Part
8.
PARTIAL SURRENDER You may obtain a partial surrender of this policy by
requesting that a part of this policy's cash surrender value
be paid to you. You may do this at any time during the
lifetime of the insured while this policy is in force with a
written request signed by you and any assigns. We reserve
the right to require that this policy first be returned to
us before payment is made. A partial surrender will be
effective on the date we receive the written request or, if
required, the date we receive this policy if later. You may
direct that we apply the surrender proceeds under any of the
Payment Options described in Part 8.
A partial surrender will be denied if the resultant cash
surrender value would be less than or equal to zero. We
reserve the right not to allow partial surrenders if the
resulting death benefit would be less than $25,000 or if the
amount of the partial surrender is less than $500. We
further reserve the right to require that the entire balance
of a sub-account be surrendered and withdrawn if the share
of this policy in the value of that sub-account would,
immediately after a partial surrender, be less than $500.
Upon a partial surrender, the policy value will be reduced
by the sum of the following:
(A) The partial surrender amount paid. This amount comes
from a reduction in this policy's share in the value of
each sub-account based on the allocation you request at
the time of the partial surrender. If no allocation
request is made, the assessment to each sub-account
will be made in the same manner as provided for monthly
deductions.
(B) The partial surrender fee. The fee is the lesser of
$25 and 2% of the partial surrender amount paid. The
assessment to each sub-account will be made in the same
manner as provided for the partial surrender amount
paid.
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<PAGE>
(C) A partial surrender charge. This charge is equal to a
pro-rata portion of the applicable surrender charge
that would apply to a full surrender, determined by
multiplying such applicable surrender charge by a
fraction equal to the partial surrender amount payable
divided by the result of subtracting the applicable
surrender charge from the policy value. This amount is
assessed against the sub-accounts in the same manner as
provided for the partial surrender amount paid.
The cash surrender value will be reduced by the partial
surrender amount paid plus the partial surrender fee. The
face amount of this policy will be reduced by the same
amount as the policy value is reduced as described above.
We will send you a Revised Schedule Page reflecting this
change.
POLICY MATURITY Unless the policy has already terminated, it will mature on
its Maturity Date. Upon written request we will pay you the
cash surrender value on that date in one sum, or you may
direct that we apply the cash surrender value under any of
the various payment options described in Part 8 subject to
the conditions stated in that part.
The issue premium together with any additional premium
payments might not continue the policy in force until the
Maturity Date, even if such premiums are paid and no further
changes take place. The period for which the policy will
continue will depend on the following:
(A) the amount of the issue premium, and the timing and
amount of any additional premium payments;
(B) changes in the cost of insurance rates;
(C) the investment experience of the sub-accounts of the
Separate Account;
(D) any policy loans or partial surrenders made.
ADDITIONAL While this policy is in force and subject to the terms of
INSURANCE this provision including our receipt of evidence
OPTION satisfactory to us of the insured's then insurability, you
have the option to purchase additional insurance on the same
insured under the same plan of insurance as this policy
without our assessment of any issue expense charge under the
new policy. Except for our waiver of the issue expense
charge, the new policy will be based on the same guaranteed
rates and charges as are in effect for this plan on the
Policy Date of this policy as adjusted for the insured's new
attained age and change, if any, in risk classification.
The new policy will only include such rider benefits as we
may agree based on our rules and practices in effect on the
Policy Date of the new policy. The amount of insurance
under the new policy, when added to all other insurance with
our company on the life of the insured, cannot exceed our
total insurance amount limitations in effect on the Policy
Date of the new policy.
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<PAGE>
To elect this option, you must file a written application
with our VUL. It must be signed by you and the insured. We
must also receive:
(A) Evidence that you have a satisfactory insurable
interest in the life of the insured.
(B) Evidence, satisfactory to us, that the insured is then
insurable under our established practice in the
selection of risks for this plan of insurance,
including the new amount applied for and rider benefits
requested. Selection of risks includes health and non-
health factors.
(C) Payment, while the insured is alive, of the full issue
premium for the new policy. The payment must equal or
exceed our minimum issue premium requirements in effect
for this plan on the Policy Date of the new policy.
Any exclusions applicable to the new policy will be
determined in accordance with our rules and practices in
effect on the Policy Date of the new policy. The new policy
will not be subject to any assignments or liens against this
policy. The owner and the beneficiary under the new policy
shall be as requested in the application for the new policy.
Any subsequent changes will be governed by the printed
provisions of the new policy.
The new policy will begin in effect as of the later of:
a. our approval of the application for the new policy;
b. payment of the full issue premium due on the new
policy.
The Policy Date of the new policy will be as shown on the
schedule pages of the new policy based on our rules and
practices then in effect. The time periods for the suicide
and contestability provisions in the new policy will be
measured from the Policy Date of the new policy.
PART 7: DEATH BENEFITS
HOW DEATH BENEFIT The death benefit equals this policy's face amount on the
IS DETERMINED date of the insured's death or, if greater, the minimum
death benefit on the date of death as defined below.
The minimum death benefit is the policy value on the date of
death of the insured increased by the applicable percentage
from the table below, based on the insured's attained age at
the beginning of the policy year in which the death occurs.
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<PAGE>
Att'd Att'd Att'd Att'd
Age Pct. Age Pct. Age Pct. Age Pct.
--- --- --- --- --- --- --- ---
Under 40 150% 53 64% 67 18% 81 5%
40 150 54 57 68 17 82 5
41 143 55 50 69 16 83 5
42 136 56 46 70 15 84 5
43 129 57 42 71 13 85 5
44 122 58 38 72 11 86 5
45 115 59 34 73 9 87 5
46 109 60 30 74 7 88 5
47 103 61 28 75 5 89 5
48 97 62 26 76 5 90 5
49 91 63 24 77 5 91 4
50 85 64 22 78 5 92 3
51 78 65 20 79 5 93 2
52 71 66 19 80 5 94 1
REQUESTS FOR A You may request a decrease in face amount at any time after
DECREASE IN the first policy year. Unless we agree otherwise, the
FACE AMOUNT decrease requested must at least equal $10,000 and the face
amount remaining after the decrease must at least equal
$25,000. All requests to decrease the face amount must be in
writing and will be effective on the first Monthly
Calculation Day following the date we approve the request.
We reserve the right to require that this policy first be
returned to us before the decrease is made. Upon a decrease
in face amount, a partial surrender charge will be deducted
from the policy value based on the amount of the decrease.
The charge will equal the applicable surrender charge that
would then apply to a full surrender multiplied by the
result of dividing the decrease in face amount by the face
amount of the policy before the decrease. We will send you a
Revised Schedule Page reflecting the change.
DEATH PROCEEDS Upon receipt of due proof at our VUL that the insured died
while this policy is in force, we will pay the death
proceeds of this policy. The death proceeds equal the death
benefit on the date of death, with the following
adjustments:
(A) We will deduct any debt outstanding against this
policy.
(B) We will deduct any monthly deductions to and including
the policy month of death not already made.
(C) We will add any premiums received by us after the
Monthly Calculation Day just prior to the date of death
and on or before the date of death.
INTEREST ON DEATH We will pay interest on any death proceeds from the date of
PROCEEDS the insured's death to the date of payment. The amount of
interest will be the same as would be paid were the death
proceeds left for that period of time to earn interest under
Payment Option 2.
- 15 -
<PAGE>
THE BENEFICIARY Unless another payment option is elected as described in
Part 8, any death proceeds that become payable will be paid
in equal shares to such beneficiaries living at the death of
the insured as stated in the application for this policy or
as later changed. Payments will be made successively in the
following order:
a. Primary beneficiaries.
b. Contingent beneficiaries, if any, provided beneficiary
is living at the death of the insured.
c. You or your executor or administrator, provided no
primary or contingent beneficiary is living at the
death of the insured.
Unless otherwise stated the relationship of a beneficiary is
the relationship to the insured.
HOW TO CHANGE You may change the beneficiary under this policy by written
THE BENEFICIARY notice signed by you and filed with us at our VUL. When we
receive it, the change will relate back and take effect as
of the date it was signed. However the change will be
subject to any payments made or actions taken by us before
we received the notice at our VUL.
PART 8: PAYMENT OPTIONS
WHO MAY ELECT The proceeds of this policy will be paid in one sum unless
PAYMENT OPTIONS otherwise provided. As an alternative to payment in one sum
as provided under Option 1, any surrender or death proceeds
that become payable under an account may be applied under
one or more of the alternative income payment options as
described in this part or such other payment options as may
then be currently available for the policy.
Our consent is required for the election of an income
payment option by a fiduciary or any entity other than a
natural person. Our consent is also required for elections
by any assigns or an owner other than the insured if the
owner has been changed. You may designate or change one or
more beneficiaries who will be the payee or payees under the
option elected. You may only do this during the lifetime of
the insured. For death proceeds, if no election is in
effect when the death benefit becomes payable, the
beneficiary may elect a payment option.
Unless we agree otherwise, all payments under any option
chosen will be made to the designated payee or to his
executor or administrator. We may require proof of age of
any payee or payees on whose life payments depend as well as
proof of the continued survival of any such payee(s).
HOW TO ELECT A The election of an income payment option must be in a
PAYMENT OPTION written form satisfactory to us. Payments may be made on an
annual, semi-annual, quarterly or monthly basis provided
that each installment will at least equal $25. We also
require that at least $1,000 be applied under any income
option chosen.
- 16 -
<PAGE>
PAYMENT OPTIONS This section provides a brief description of the various
payment options that are available. In Part 9 you will find
tables illustrating the guaranteed installment amount
provided by several of the options described in this
section. The amounts shown for Options 4, 5, and 7 are the
minimum monthly payments for each $1,000 applied The actual
payments will be based on the monthly payment rates we are
using when the first payment is due. They will not be less
than shown in the tables.
Option 1 - Payment in one sum
Option 2 - Left to earn interest
We pay interest during the payee's lifetime on
the amount left with us under this option as a
principal sum. We guarantee that at least one
of the versions of this option will provide
interest at a rate of at least 3% per year.
Option 3 - Payments for a specific period
Equal income installments are paid for a
specified period of years whether the payee
lives or dies. The first payment will be on the
date of settlement. The Option 3 Table shows the
guaranteed amount of each installment for
monthly and annual payment frequencies. The
table assumes an interest rate of 3% per year on
the unpaid balance. The actual interest rate is
guaranteed not to be less than this minimum
rate.
Option 4 - Life annuity with specified period certain
Equal installments are paid until the later of:
(A)The death of the payee.
(B) The end of the period certain.
The first payment will be on the date of
settlement. The period certain must be
chosen at the time this option is elected.
The periods certain that may be chosen are
as follows:
(A) Ten years.
(B) Twenty years.
(C) Until the installments paid refund the
amount applied under this option. If the
payee is not living when the final payment
falls due, that payment will be limited to
the amount which needs to be added to the
payments already made to equal the amount
applied under this option.
- 17 -
<PAGE>
If, for the age of the payee, a period certain
is chosen that is shorter than another period
certain paying the same installment amount, we
will deem the longer period certain as having
been elected. The life annuity provided under
this option is calculated using an interest rate
of 3-3/8%, except that any life annuity
providing a period certain of twenty years or
more is calculated using an interest rate of 3-
1/4%.
Option 5 - Life Annuity
Equal installments are paid only during the
lifetime of the payee. The first payment will
be on the date of settlement. Any life annuity
as may be provided under this option is
calculated using an interest rate of 3-1/2%.
Option 6 - Payments of a specified amount
Equal installments of a specified amount, out of
the principal sum and interest on that sum, are
paid until the principal sum remaining is less
than the amount of the installment. When that
happens, the principal sum remaining with
accrued interest will be paid as a final
payment. The first payment will be on the date
of settlement. The payments will include
interest on the principal sum remaining at a
rate guaranteed to at least equal 3% per year.
This interest will be credited at the end of
each year. If the amount of interest credited
at the end of a year exceeds the income payments
made in the last 12 months, that excess will be
paid in one sum on the date credited.
Option 7 - Joint survivorship annuity with 10-year period
certain. The first payment will be on the date
of settlement. Equal income installments are
paid until the latest of:
(A) The end of the 10-year period certain.
(B) The death of the insured.
(C) The death of the other named annuitant.
The other annuitant must be named at the time
this option is elected and cannot later be
changed. That annuitant must have an adjusted
age as defined in Part 9 of at least 40. The
joint survivorship annuity provided under this
option is calculated by using an interest rate
of 3-3/8%.
We may offer other payment options or alternative versions
of the options listed in the above section.
ADDITIONAL INTEREST In addition to:
(A) the interest of 3% per year guaranteed on the principal
sum remaining with us under Options 2 or 6; and
(B) the interest of 3% per year included in the
installments payable under Option 3.
- 18 -
<PAGE>
We will pay or credit at the end of each year such
additional interest as we may declare.
PART 9: TABLES OF PAYMENT OPTION AMOUNTS
The installment amounts shown in the tables that follow are
shown for each $1,000 applied. Amounts for payment
frequencies, periods or ages not shown will be furnished
upon request. Under Options 4 and 5, the installment amount
for younger ages than shown will be the same as for the
first age shown and for older ages than shown it will be the
same amount as for the last age shown.
The term "age" as used in the tables refers to the adjusted
age. Under Options 4 and 5, the adjusted age is defined as
follows:
(A) For surrender values, the age of the payee on the
payee's birthday nearest to the policy anniversary
nearest the date of surrender.
(B) For death proceeds, the age of the payee on the payee's
birthday nearest the effective date of the payment
option elected.
Under Option 7, the adjusted age is the age on the
birthday nearest to the policy anniversary nearest the
date of surrender.
OPTION 3 - PAYMENTS FOR A SPECIFIED PERIOD
<TABLE>
- ------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Number of Years 5 6 7 8 9 10 11 12 13
- ------------------------------------------------------------------------------------------------------------------
Annual Installments$ 211.99 179.22 155.83 138.31 124.69 113.82 104.93 97.54 91.29
- ------------------------------------------------------------------------------------------------------------------
Mo. Installment $ 17.91 15.14 13.16 11.68 10.53 9.61 8.86 8.24 7.71
- ------------------------------------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------------------------------------
Number of Years 14 15 16 17 18 19 20 25 30
- ------------------------------------------------------------------------------------------------------------------
Annual Installments$ 85.95 81.33 77.29 73.74 70.59 67.78 65.26 55.76 49.53
- ------------------------------------------------------------------------------------------------------------------
Mo. Installment $ 7.26 6.87 6.53 6.23 5.96 5.73 5.51 4.71 4.18
- ------------------------------------------------------------------------------------------------------------------
*OPTION 4 - LIFE ANNUITY WITH SPECIFIED PERIOD CERTAIN
Age Installment Refund 10 Yrs. Certain 20 Yrs. Certain Age Installment Refund 10 Yrs. Certain 20 Yrs. Certain
--------------------------------------------------------- -------------------------------------------------------
of of
Payee Male Female Male Female Male Female Payee Male Female Male Female Male Female
- ------------------------------------------------------------------------------------------------------------------------------------
10 $3.08 $3.03 $3.08 $2.99 $3.00 $2.84 50 $4.36 $4.12 $4.50 $4.10 $4.28 $3.99
15 3.14 3.09 3.15 3.04 3.07 3.00 55 4.76 4.47 4.95 4.47 4.61 4.31
20 3.22 3.16 3.24 3.11 3.15 3.07 60 5.28 4.93 5.54 4.96 4.97 4.67
25 3.33 3.24 3.34 3.20 3.25 3.15 65 5.97 5.54 6.30 5.63 5.29 5.06
30 3.45 3.35 3.47 3.30 3.38 3.25 70 6.91 6.39 7.24 6.50 5.43 5.31
35 3.61 3.48 3.64 3.43 3.55 3.38 75 8.21 7.57 8.26 7.56 5.44 5.40
40 3.80 3.64 3.86 3.60 3.74 3.54 80 10.04 9.26 9.12 8.60 5.46 5.46
45 4.05 3.85 4.14 3.82 3.99 3.74 85 12.61 11.68 9.60 9.31 5.46 5.46
- ------------------------------------------------------------------------------------------------------------------------------------
</TABLE>
OPTION 5 LIFE ANNUITY
- --------------------------------------------------------------------------------
Age Age
of of
Payee Male Female Payee Male Female
- --------------------------------------------------------------------------------
10 $3.17 $3.12 50 $4.62 $4.28
15 3.24 3.18 55 5.12 4.68
20 3.32 3.25 60 5.79 5.24
25 3.42 3.34 65 6.75 6.04
30 3.56 3.44 70 8.15 7.22
35 3.73 3.58 75 10.26 9.03
40 3.95 3.75 80 13.54 11.88
45 4.24 3.98 85 18.72 16.54
- --------------------------------------------------------------------------------
* OPTION 7 - JOINT SURVIVORSHIP ANNUITY WITH 10-YEAR PERIOD CERTAIN
<TABLE>
<CAPTION>
- ----------------------------------------------------------------------------------------------------------------------------------
Age of Age of Insured Age of Age of Insured Age of Age of Insured Age of Age of Insured
Other --------------------- Other --------------------- Other -------------------- Other -------------------
Annuitant Annuitant Annuitant Annuitant
Male Male Female Female
F F M M
55 60 65 55 60 65 55 60 65 55 60 65
- ----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
40 $3.62 $3.64 $3.65 60 $4.43 $4.64 $4.82 40 $3.72 $3.77 $3.80 60 $4.34 $4.64 $4.93
45 3.80 3.83 3.86 65 4.61 4.93 5.23 45 3.89 3.97 4.03 65 4.44 4.82 5.23
50 4.00 4.07 4.12 70 4.75 5.18 5.63 50 4.06 4.19 4.31 70 4.50 4.95 5.48
55 4.22 4.34 4.44 75 4.86 5.36 5.96 55 4.22 4.43 4.61 75 4.54 5.03 5.65
- ----------------------------------------------------------------------------------------------------------------------------------
</TABLE>
*Minimum monthly income for each $1,000 applied.
- 19 -
<PAGE>
Flexible Premium Variable Universal Life Insurance Policy
The death benefit and other values provided under this policy are based on the
rates of interest, credited on any amounts allocated to the Guaranteed Interest
Account and the investment experience of the subaccounts within our Separate
Account to which your premiums are allocated. Thus, the death benefit and other
values may increase or decrease in amount or duration. See Part 7 for a
description of how the death benefit is determined.
Eligible for Annual Dividends
<PAGE>
AMENDMENT PERMITTING FACE AMOUNT
INCREASES
This amendment is part of the policy to which it is
attached.
REQUEST FOR The following new provision is added to Part 7 of the
INCREASES policy.
At any time within 90 days prior to a policy anniversary,
you may request an increase in the face amount of this
policy to take effect beginning on that anniversary. If we
approve the request, such anniversary will be shown as the
issue date for such increase on the Revised Schedule Pages
we send to you reflecting the change. We reserve the right
to limit increases in face amount All requests to increase
the face amount must be applied for on a supplemental
application and will be subject to evidence of the insured's
insurability satisfactory to us. The insured must be alive
on the issue date, and you must also pay to us in advance
such issue premium for the increase as we may require
according to our published rules then in effect. If no issue
premium is required, the increase will not take effect
unless the cash surrender value on the issue date at least
equals the monthly deduction for the total combined face
amount. The Issue Expense Charge for Face Amount increases
is $3.00 per thousand of increase up to a maximum charge of
$150.00.
We will send you Revised Schedule Pages reflecting the
change. We reserve the right to further require that the
policy be returned to us so that we may incorporate the
change.
RIGHT TO CANCEL The RIGHT TO CANCEL provision on the Cover Page of this
policy is amended to further provide that you have the right
to cancel any increase in the face amount provided by us
under this policy pursuant to your request, within a limited
time as stated below. The increase in face amount may be
cancelled by returning the policy to us at the following
address:
Phoenix Home Life Mutual Insurance Company
Variable and Universal Life Administration
P.O. Box 810
Greenfield, Massachusetts 01302-0810
To effect such cancellation the policy, including the
Revised Schedule Pages, must be returned to us before the
latest of:
1. 10 days after the new Revised Schedule Page shcwing
such increase in the face amount is delivered to you;
or
2. 10 days after a Notice of Right to Cancel is delivered
to you; or
3. 45 days after Part 1, of the supplementary application
for such increased face amount is signed.
1
<PAGE>
Upon any such cancellation we will refund the higher of any
paid issue premium required by us for the increase or the
sum of any monthly deductions and any other fees and charges
made under this policy for the increase in face amount.
TOTAL PREMIUM LIMIT The Total Premium Limit provision of Part 4 of the policy is
amended to additionally reflect that the total premium limit
may change due to the following:
d. an increase in face amount
MONTHLY DEDUCTION The Monthly Deduction provision of Part 4 of the policy is
amended to add to the list of monthly deductions the
following:
f. a monthly pro-rata portion of the Issue Expense
Charge for Face Amount Increases during the
policy year immediately following the date of
the Face Amount Increase.
CONTESTABILITY The Contestability provision of Part 2 is amended to read as
follows:
We rely on all statements made by or for the insured in
the written application. These statements are
considered to be representations and not warranties.
We can contest the validity of this policy and any
coverage under it for any material misrepresentation
of fact. To do so, however, the misrepresentation must
be contained in an application and the application must
be attached to the policy when issued or made a part of
this policy when a change is made.
We cannot contest the validity of the original face
amount of this policy after it has been in force during
the insured's lifetime for two years from its Policy
Date. Any such contest will be based on the
application for this policy.
We cannot contest the validity of any increase in face
amount after the policy has been in force during the
insured's lifetime for two years from the issue date of
the increase. Any such contest will be based on the
supplemental application for the increase.
If we contest the validity of all or a portion of the face
amount provided under this policy, the amount we pay with
respect to such portion of the face amount will be limited
to the higher of a return of any paid issue premium required
by us for the increase or the sum of any monthly deductions
made under this policy for the contested face amount.
2
<PAGE>
SUICIDE The Suicide provision of Part 2 is amended to read as
follows:
If within two years from the Policy Date the insured
dies by suicide, while sane or insane and while this
policy is in force, the amount of death benefit will be
limited to the policy value adjusted by the following
amounts:
a. we add any monthly deductions made under this
policy;
b. we subtract any debt owed us under this policy.
Except for death occurring within two years of the Policy
Date as already addressed above, if within two years from
the issue date of an increase in face amount the insured
dies by suicide, while sane or insane and while the policy
is in force, the death benefit under this policy will be
adjusted such that the amount of death benefit as to that
increase in face amount will be limited to a pro-rata
portion of the policy value corresponding to such increase
adjusted by the following amount.
a. we add the sum of the monthly deductions
corresponding to such increase;
b. we subtract any debt owed us under this policy.
CASH SURRENDER The Cash Surrender Value Provision of Part 6 is amended to
VALUE read as follows:
The cash surrender value of this policy is the policy
value as defined in Part 4 less any applicable
surrender charge on the date of surrender and less any
debt. The maximum surrender charge for a full surrender
is as stated on the Schedule Page, or Revised Schedule
Pages if there has been an increase in face amount.
The applicable surrender charge may be less than such
maximum and is calculated by us in the same manner as
provided under Rule 6(e)-3(T) of the Investment Company
Act of 1940, or such amended federal rules as may later
apply for the Separate Account under this policy to
continue to qualify for exemptive relief under that
Act, and reduced by such partial surrender charges as
may have previously been paid since the later of the
Policy Date and the issue date of the most recent
increase in face amount if any. Such method of
computation has been filed by us with the insurance
supervisory official of the state where this rider is
delivered.
WAIVER OF Any provisions of the policy relating to endorsement shall
ENDORSEMENT be deemed satisfied or waived as to this amendment.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ S. Gilmore
Secretary Registrar
3
<PAGE>
VARIABLE LIFE POLICY EXCHANGE OPTION
RIDER
This rider is a part of the policy to which it is attached.
Except as stated in this rider, it is subject to all of the
provisions contained in the policy.
DEFINITIONS The original policy is the policy to which this rider is
attached. The cash value of the original policy is defined
as the policy's Policy Value less any applicable surrender
charge.
A corresponding whole life policy is a policy that we offer
as of the Date of Exchange which provides whole life
insurance coverage with level premiums and a level face
amount, based upon the issue age and risk classification of
the insured under the original policy. The cash value of
the corresponding whole life policy is defined as the sum of
the guaranteed cash value of the base policy and the
termination dividend that would then apply to that policy
based on our then current dividend scale.
POLICY EXCHANGE The owner may exchange this policy for a new policy on the
OPTION life of the insured, without evidence of insurability, if
this policy has been in force for at least 15 years and the
insured has attained age 65.
HOW TO EXERCISE To exercise this option, you must file an exchange
THE OPTION application at our Main Administrative Office. It must be
signed by you. We must also receive:
a. The release of any lien against or assignment of
the original policy. However, you may instead
submit written approval by the lienholders or
assignees of the exchange of policies in a form
satisfactory to us with such other documents as
we may require.
b. The surrender and release of the original
policy.
c. Payment of any amounts due to us for the
exchange as described in the Exchange
Adjustments section below.
Unless otherwise provided in the exchange application, the
owner and the beneficiary of the new policy will be the same
as under the original policy. If the owner of the new
policy is different, we will require evidence of insurable
interest in the life of the insured under that new
policy. The application for the original policy shall be
considered part of the application for the new policy. The
new policy will be issued on the basis of the exchange
application, the application for the original policy and any
evidence of insurability submitted for issuance of the
original policy with respect to the life insured under
that new policy.
The Date of Exchange will be the policy anniversary
following the later of:
a. our receipt of the exchange application;
b. payment of the Exchange Adjustments for the new
policy; and
c. our approval of insurable interest, if
applicable.
The new policy will take effect on the Date of Exchange.
When the new policy takes effect, the original policy shall
terminate.
1
<PAGE>
THE NEW POLICY The Policy Date of the new policy will be the same as the
Policy Date of the original policy.
The issue age of the insured under the new policy will be
as shown on the Schedule Pages of the original policy.
The new policy will be written on any plan of whole life
insurance with a level face amount and level premiums that
we make available as of the Date of Exchange. The premium
classification and any exclusions applicable to the new
policy will be determined in accordance with our rules and
practices in effect on the original policy's Policy Date.
The face amount of the new policy will be dependent upon the
relationship of the cash value of a corresponding whole life
policy to the cash value of the original Variable Universal
Life policy, as of the Date of Exchange.
A. If the cash value of the corresponding whole
life policy, for the same face amount as the
original policy, would be greater than or equal
to the cash value of the original policy, you
may elect the face amount of the new policy from
the following options:
1. Same Face Amount - A face amount which is
the same as the face amount of the original
policy.
2. Same Cash Value - A face amount such that
the cash value of the new policy equals the
cash value of the original policy as of the
Date of Exchange.
3. Same Net Amount at Risk - A face amount
such that the excess of the face amount
over the corresponding cash value on the
new policy is equal to the excess of the
death benefit over the cash value of the
original policy as of the Date of Exchange.
B. If the cash value of the corresponding whole
life policy, for the same face amount as the
original policy, is less than the cash value of
the original policy, then the face amount of the
new policy would be determined based upon the
same net amount at risk. Thus, the face amount
of the new policy would be such that the excess
of the face amount over the cash value of the
new policy would be equal to the excess of the
death benefit over the cash value of the
original policy as of the Date of Exchange.
If, however, you elect to exchange this policy
within 30 days of the date for which this option
first becomes available to you, then you may
exchange to a new policy such that the face
amount on the new policy is the same as that of
the original policy.
If the death benefit in effect under the
original policy as of the Date of Exchange is
equal to the "minimum death benefit" as defined
in that policy, then the face amount of the new
policy may be increased, if so desired, without
evidence of insurability, by the lesser of 15%
of the face amount of the original policy or
$100,000.
2
<PAGE>
Any rider contained in the original policy or additional
riders may be included in the new policy only if we consent.
The new policy will conform to all of the requirements of
the jurisdiction in which it is issued regardless of any
terms of this rider providing to the contrary.
The two year period provided for in the Incontestability and
Suicide provisions of the new policy will be considered to
have begun on the Policy Date of the original policy.
However, new benefits not in the original policy, or an
increase in benefits would be subject to a new suicide or
contestability period.
EXCHANGE The exchange is subject to the following adjustments:
ADJUSTMENTS
1. If the cash value under the new policy is less
than that under the original policy as of the
Date of Exchange, we will pay you the difference
in the cash values.
2. If the cash value under the new policy is
greater than that under the original policy as
of the Date of Exchange, you must pay us 105% of
the excess of the cash value of the new policy
over the cash value of the original policy.
3. The exchange will also be subject to our receipt
of repayment of the amount of any policy debt
under the original policy on the Date of
Exchange.
RIDER CHARGES There are no monthly charges for this rider.
NEW POLICY PREMIUM The rates for the new policy will be based on our published
rates in effect on the Date of Exchange for the insured's
age and risk classification as of the Policy Date of the
original policy. Premiums for the new policy will be first
due on the Date of Exchange, and thereafter as specified in
the new policy.
This rider will terminate on the earlier of:
a. termination of the original policy for any
reason, including, but not limited to, lapse,
surrender, exchange of the policy, or death of
the insured; and
b. your written request to cancel this rider.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young
Secretary
3
<PAGE>
TEMPORARY MONEY MARKET ALLOCATION AMENDMENT
THIS AMENDMENT IS ISSUED AS PART OF THE POLICY TO WHICH IT
IS ATTACHED IF IT IS LISTED ON THE SCHEDULE PAGE OF THE
POLICY OR IN AN ENDORSEMENT AFTER THAT PAGE. YOU SHOULD
THEREFORE REVIEW THE POLICY'S SCHEDULE PAGE FOR
APPLICABILITY.
REFUND RIGHT AND The refund right stated in the Right to Cancel provision on
TEMPORARY MONEY the cover page of the policy is amended to provide for a
MARKET SUB-ACCOUNT full refund of any premium paid less any unpaid loans and
ALLOCATION loan interest and less any partial surrender amounts paid,
if the returned policy is received by us at our Variable and
Universal Life Division prior to termination of the Right to
Cancel Period.
PREMIUM ALLOCATION The provision in Part 4, entitled "Premium Allocation to
Sub-accounts," is amended to provide that the issue premium
will temporarily be applied on its Payment Date entirely to
the Money Market sub-account until termination of the Right
to Cancel period stated on the cover page of the policy.
UPON TERMINATION OF SUCH PERIOD WITHOUT PRIOR RECEIPT AT OUR
VARIABLE AND UNIVERSAL LIFE DIVISION OF THE RETURNED POLICY
FOR A REFUND, THE THEN VALUE OF THIS POLICY'S SHARE IN THE
MONEY MARKET SUB-ACCOUNT WILL AUTOMATICALLY BE REALLOCATED
BASED ON THE PREMIUM ALLOCATION SCHEDULE ELECTED IN THE
APPLICATION OR AS LATER CHANGED BY YOU. The resultant share
of this policy in the value of each of the respective sub-
accounts on the date of transfer shall be in the same
percentages of the then total policy value as the premium
allocation percentages elected in the application or as
later changed by you.
MONTHLY DEDUCTION The provision in Part 4, entitled "Monthly Deduction," is
amended to provide that until termination of the Right to
Cancel period stated on the cover page of the policy, the
monthly deduction will be taken entirely from the Money
Market sub-account.
TRANSFERS The provision in Part 6, entitled "Transfers," is amended to
provide that no transfers may be made until termination of
the Right to Cancel period stated on the cover page.
LOAN INTEREST The provision in Part 6, entitled "Loan Interest" is amended
to provide that, until termination of the Right to Cancel
period, any debt repayments will temporarily be applied
to the Money Market sub-account and reallocated in the same
manner as provided above for the issue premium.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young Robert W. Fiondella
Secretary Chief Executive Officer
/s/ S. Gilmore
Registrar
<PAGE>
DEATH BENEFIT OPTIONS-POLICY AMENDMENT
This amendment is issued as a part of the policy to which it
is attached. The date of issue of this amendment is the
same as the Policy Date shown on the Schedule Page.
BENEFIT While the policy is in effect but prior to the policy
DESCRIPTION anniversary nearest the insured's 65th birthday, you have
the right to elect either of two death benefit options as
described below. The death benefit option shall be as
elected in the original application unless later changed as
provided below. If no option is elected, Death Benefit
Option 1 shall apply.
DEATH BENEFIT Under this option the death benefit is equal to the greater
OPTION 1 of (a) and (lb) as defined below.
a. the policy's face amount on the date of death.
b. the minimum death benefit on the date of death
as defined in Part 7 of the policy.
DEATH BENEFIT Under this option the death benefit is equal to the greater
OPTION 2 of (a) and (lb) as defined below:
a. the policy's face amount on the date of death
plus the policy value.
b. the minimum death benefit on the date of death
as defined in Part 7 of the policy.
Under Death Benefit Option 2, on the later of the tenth
policy anniversary and the policy anniversary nearest the
insured's 65th birthday, the face amount will be increased
by an amount equal to the policy value. From that date on,
the death benefit will be equal to the greater of the face
amount and the minimum death benefit as defined in Part 7 of
the policy.
THE PAYEE Any death benefit due to this amendment will be paid to the
same payee and in the same manner as provided in the policy
for payment of the death proceeds.
HOW TO CHANGE THE Prior to the later of the tenth policy anniversary and the
DEATH BENEFIT policy anniversary nearest the insured's 65th birthday you
OPTION may request in writing that the Death Benefit Option be
changed from Option 1 tc Option 2, or from Option 2 to
Option 1. No evidence of insurability is required. If the
request is to change from Option 1 to Option 2, the face
amount will be decreased by the policy value; and if the
request is to change from Option 2 to Option 1, the face
amount will be increased by the policy value. Any such
change will be in effect on the Monthly Calculation Day
coincident with or next following the day we approve
the request. If Death Benefit Option 2 is in effect, the
Death Benefit Option will automatically change on the later
of the tenth policy anniversary and policy anniversary
nearest the insured's 65th birthday from Option 2 to Option
1.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ S. Gilmore
Secretary Registrar
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DEATH BENEFIT PROTECTION RIDER
This rider is part of the policy to which it is attached, if
it and its monthly charge are listed on the policy Schedule
Pages. Except as stated in this rider, it is subject to all
of the provisions contained in the policy.
GENERAL
RIDER DATE The date of this rider is as shown on the policy's Schedule
Pages.
MONTHLY RIDER While this rider is in effect (either Part A, Part B or
CHARGE both) a monthly rider charge will be included as part of the
policy's monthly deduction described in Part 4 of the
policy. The monthly charge is listed on the policy's
Schedule Pages.
RIDER TERMINATION Unless Part A or Part B has earlier terminated as provided
DATE below, both Part A and Part B of this rider will terminate,
on the earliest of the following events:
1. a surrender of the policy for its full cash
surrender value;
2. the policy's Maturity Date;
3. our receipt of your written request to cancel
this rider, which shall be effective as of the
next Monthly Calculation Day.
PART A: GUARANTEED DEATH BENEFIT
While this Part A is in effect, on any Monthly Calculation
Day that this policy would otherwise lapse due to failure of
the policy's cash surrender value to cover the required
monthly deduction, the policy will nonetheless continue in
force during that policy month. The monthly deduction will
continue to be deducted from the policy value to the extent
possible, and we will waive any excess not covered. See the
"Grace Period and Lapse" provision in Part 4 of the policy.
CONDITIONS On every Monthly Calculation Day that this rider is in
effect and provided this Part A has not otherwise terminated
as provided under the Termination section below, we will
test this policy to determine whether sufficient premiums
have been paid or whether the policy's then cash surrender
value is sufficiently large to continue Part A of this rider
in effect. Part A will remain in effect for that policy
month if on that Monthly Calculation Day any of the
following tests is satisfied:
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1. Total Cumulative Premium Test - The total
premium paid by you, less the sum of all partial
surrender amounts paid by us, at least equals
the cumulative sum of all Monthly Guarantee
Premiums applicable for each policy month since
the Rider Date.
2. Annual Cumulative Premium Test - The total
premium paid by you during the current policy
year, less the sum of all partial surrender
amounts paid by us during such period, at least
equals the cumulative sum of all Monthly
Guarantee Premiums applicable for each policy
month since the beginning of that policy year.
3. Tabular Account Value Test - The policy's cash
surrender value on that Monthly Calculation Day
is not less than the policy's Tabular Account
Value on the policy anniversary coinciding with
that Monthly Calculation Day, or the immediately
preceding policy anniversary if the Monthly
Calculation Day is not a policy anniversary.
The policy's Tabular Account Value is shown on
the policy's Schedule Pages.
The initial Monthly Guarantee Premium applicable on the
Rider Date is as shown on the policy's Schedule Pages, and
may change for later months due to subsequent policy changes
such as a change in face, a change in death benefit option,
an extension of the Expiry Date for Part A of this rider, or
the addition, change or termination of a rider. We will send
you Revised Schedule Pages reflecting any such change.
TERMINATION If on any Monthly Calculation Day none of the above
conditions is satisfied, a grace period of 31 days will be
allowed for the payment of an amount at least equal to three
times the Monthly Guarantee Premium. Part A of this rider
will continue in effect during such grace period. If such
premium amount is not received by us by the end of the grace
period, Part A of this rider will terminate as of the end of
that grace period, and for all policy months thereafter be
of no further force or effect.
Upon termination of this Part A, the regular Grace Period
and Lapse provisions described in Part 4 of the policy shall
again apply.
Unless earlier terminated, this Part A will terminate on the
first of any of the following events to occur:
1. if and when any debt under this policy exceeds
the policy's loan value;
2. if and when the face amount of this policy is
reduced by request for decrease or by partial
surrender to an amount less than $50,000;
3. upon the Expiry Date shown for Part A of this
rider on the policy's Schedule Pages, unless
extended under the Extension provision below.
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EXTENSION Provided Part A of this rider has not previously terminated,
on the Expiry Date for Part A of this rider you may request
that we extend the Expiry Date for such extended period as
we may agree, but not to a date beyond the policy's Maturity
Date. No extension will be permitted unless the policy's
cash surrender value on that Expiry Date equals or exceeds
the Tabular Account Value for such date as shown on the
policy's Schedule Pages. We will send you Revised Schedule
Pages reflecting any such change in Expiry Date.
PART B: SPECIAL PARTIAL SURRENDER OPTION
While this Part B is in effect, beginning on the later of
the policy anniversary nearest the insured's age 60 or the
15th policy year, the "Partial Surrender" provision in Part
6 of the policy is amended to additionally allow the
following special partial surrender option. A special
partial surrender under this option will cause the policy
value to be reduced by only the partial surrender amount
paid and the partial surrender charge. No partial surrender
fee will apply. The face amount of the policy will not be
reduced by the reduction in the policy value.
CONDITIONS This special partial surrender option is only
permitted for partial surrenders on a policy anniversary,
and provided that the policy's then cash surrender value
exceeds the Tabular Account Value for such date. In
addition, the partial surrender amount paid may not exceed
any of the following:
1. the excess of the policy's cash surrender value
over the policy's then Tabular Account Value;
2. the greater of 5% of the policy's then cash
surrender value or 2% of the policy's then Face
Amount;
3. $25,000.
TERMINATION This Part B will terminate if and when Part A terminates
other than a termination of Part A due to attainment of its
Expiry Date.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ S. Gilmore
Secretary Registrar
3
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DEATH BENEFIT OPTION - POLICY AMENDMENT
This amendment is issued as part of the policy to which it
is attached. The date of issue of this amendment is the
same as the Policy Date shown on the Schedule Page.
BENEFIT DESCRIPTION While the policy is in force, you have the right to elect
either of the two death benefit options as described below.
The death benefit option shall be as elected in the
original application unless later changed as provided below.
If no option is elected, Death Benefit Option 1 shall apply.
DEATH BENEFIT Under this option the death benefit is equal to the greater
OPTION 1 of (a) and (lb) as defined below:
a. the policy's face amount on the date of death.
b. the minimum death benefit on the date of death as
defined in Part 7 of the policy.
DEATH BENEFIT Under this option, the death benefit is equal to the greater
OPTION 2 of (a) and (lb) as defined below.
a. the policy face amount on the date of death plus
the policy value.
b. the minimum death benefit on the date of death
as defined in Part 7 of the policy.
THE PAYEE Any death benefit due to this amendment will be paid to the
same payee and in the same manner as provided in the policy
for payment of the death proceeds.
HOW TO CHANGE THE While this policy is in force, you may request in writing
DEATH BENEFIT that the Death Benefit Option be changed from Option 1 to
OPTION Option 2, or from Option 2 to Option 1. No evidence of
insurability is required. If the request is to change from
Option 1 to Option 2, the face amount will be decreased by
the policy value; and if the request is to change from
Option 2 to Option 1, the face amount will be increased by
the policy value. Any such change will be in effect on the
Monthly Calculation Day coincident with or next following
the day we approve the request.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young
Secretary
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ACCIDENTAL DEATH BENEFIT RIDER
This rider is part of the policy to which it is attached if
it and its premium are listed on the Schedule Page of the
policy or in an endorsement after that page. You should
therefore review the policy's Schedule Page for
applicability. Except as otherwise stated below, this rider
is subject to all of the provisions contained in the policy.
Coverage under this rider will begin in effect on the Rider
Date shown for this rider on the policy's Schedule Page
provided:
a. for a Rider Date that occurs during the first policy
year, the policy value on the Rider Date at least
equals the full monthly deduction for the policy
(including the rider charge);
b. for a Rider Date that occurs during the second policy
year and any succeeding policy years, the policy cash
surrender value on the Rider Date at least equals the
full monthly deduction for the policy (including the
rider charge).
RIDER BENEFIT Subject to the terms stated in this rider we will add the
DESCRIPTION amount stated for this rider on the policy's Schedule Page
to the death proceeds payable under the policy if we receive
satisfactory proof that:
a. the insured's death resulted, directly and
independently of all other causes, from an accidental
bodily injury;
b. such injury was effected solely through external and
violent causes;
c. such injury was evidenced by a visible contusion or
wound on the exterior of the body, except for drowning
or internal injury revealed by autopsy; and
d. the death occurred:
1. after the date this rider took effect;
2. before this rider terminates;
3. while the policy is in force;
4. no later than 90 days after the date of injury;
and
5. before the policy anniversary nearest the
insured's 75th birthday.
EXCLUSIONS The rider benefit will not be payable if the insured's
death resulted directly or indirectly from, or was
contributed to by, any one or more of the factors listed
below:
a. Physical or mental infirmity or disease.
b. Medical or surgical treatment.
c. Suicide while sane or insane.
d. Bodily injury received as the result of declared or
undeclared war.
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e. Bodily injury received as the result of international
police action with force of arms by:
1. any country;
2. the United Nations; or
3. any other assembly of nations.
f. Travel, flight, or descent from or with any kind of
aircraft:
1. used for testing, experimental, military or
naval purposes;
2. used for the purpose of the insured's descent
from such aircraft while in flight, including
descent by parachute; or
3. used for any purpose if the insured was acting
as or training to become a pilot, co-pilot, crew
member, or mechanic, or was acting in any
capacity other than solely as a passenger.
A hang glider is an aircraft for the purpose of this
rider.
g. The commission by the insured or attempt to commit an
assault or crime.
h. Bacterial infection unless the infection occurs
simultaneously with and through an accidental cut or
wound.
i. The administration, inhalation, or taking of any drug,
poison, gas or fumes, whether voluntary or otherwise,
unless administered on and in accordance with the
advice of the insured's physician.
RIGHT TO REQUIRE We have the right and must be given the opportunity to
AUTOPSY examine the body and make an autopsy, unless it is forbidden
by law.
THE PAYEE Any benefit that becomes payable under this rider will be
paid to the same payee and in the same manner as provided in
the policy for the death proceeds.
MONTHLY RIDER The monthly charges for coverage under this rider are
CHARGES included in and part of the monthly deduction for the
policy. They are deducted on each Monthly Calculation Day
until coverage under this rider terminates.
TERMINATION OF Coverage under this rider will terminate on the earliest of:
COVERAGE UNDER
THIS RIDER a. full surrender of the policy;
b. lapse of the policy;
c. the policy anniversary nearest the insured's 75th
birthday;
d. our receipt on any Monthly Calculation Day of your
written request along with the policy, to cancel
coverage under this rider.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ S. Gilmore
Secretary Registrar
2
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DISABILITY PAYMENT OF SPECIFIED ANNUAL
PREMIUM AMOUNT RIDER
This rider is part of the policy to which it is attached if
it and its premium are listed on the Schedule Page of the
policy or in an endorsement after that page. You should
therefore review the policy's Schedule Page for
applicability. Except as otherwise stated below this rider
is subject to all of the provisions contained in the policy.
Coverage under this rider will begin in effect on the Rider
Date shown for this rider on the policy's Schedule Page
provided:
a. for a Rider Date that occurs during the first policy
year, the policy value on the Rider Date at least
equals the full monthly deduction for the policy
(including the rider charge);
b. for a Rider date that occurs during the second policy
year and any succeeding policy years, the policy cash
surrender value on the Rider Date at least equals the
full monthly deduction for the policy (including the
rider charge).
DEFINITION OF Incapacity of the insured as a result of bodily injury or
TOTAL DISABILITY disease to engage for remuneration or profit in any
occupation for which the insured is or becomes qualified:
a. by training;
b. by education; or
c. by experience.
Total disability is also defined to include the insured's
entire and irrecoverable loss through bodily injury or
disease of:
a. the sight of both eyes;
b. the use of both hands or both feet; or
c. the use of one hand and one foot.
SPECIFIED ANNUAL The specified annual premium amount as shown with respect to
PREMIUM AMOUNT this rider on the policy's Schedule Page is the maximum
BENEFITS amount payable under this rider during a policy year. The
specified frequency premium amount on any premium due date
equals the specified annual premium amount divided by the
number of premiums due during a policy year based on the
premium frequency in effect for the policy on that premium
due date.
Subject to the terms of this rider we will credit the policy
with the specified frequency premium amount on each premium
due date during the existence of any total disability of at
least 6 months' continuous duration, but prior to the later
of:
a. the policy anniversary nearest the insured's 65th
birthday; or
b. one year from the date the total disability commenced
if such total disability commenced within the one-year
period prior to the policy anniversary nearest the
insured's 65th birthday.
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We will continue to credit the specified frequency premium
amount as described above on each premium due date on or
after the policy anniversary nearest the insured's 65th
birthday if benefits under this rider have been credited or
paid continuously during the entire 5-year period just prior
to that date. In that event any such specified frequency
premium amounts will continue to be credited regardless of
whether total disability continues after that anniversary.
To the extent that the specified frequency premium amounts
to be credited exceed premium amounts allowed to be paid
under the policy due to the total premium limit, such excess
that would otherwise be credited will be paid in cash to the
owner of the policy.
The benefits and values under the policy will not be reduced
as a result of any specified frequency premium amounts
credited or paid under this rider.
LIMITATIONS AND We will not credit or pay any specified frequency premium
CONDITIONS amounts for premium due dates more than 1 year prior to our
receipt of written notice of claim at our Main
Administrative Office.
Nor will any specified frequency premium amounts be credited
or paid under this rider unless the following conditions are
satisfied:
1. We must receive at our Main Administrative Office and
during the lifetime of the insured written notice of
claim and due proof that:
a. the insured is totally disabled at the time the
proof is furnished to us; and
b. the insured has been so totally disabled for the
entire 6-month period immediately preceding that
date.
Any such proof will be subject to the requirements
stated in the Required Proof of Disability section.
2. The total disability must not have directly resulted
from either:
a. injuries willfully and intentionally self-
inflicted; or
b. service by the insured in the military, naval,
or air force of any country at war. By "war" we
mean any declared war, undeclared war, or
international police action with force of arms
by any country, the United Nations, or any other
assembly of nations.
3. The total disability must have occurred:
a. after this rider's Rider Date;
b. after coverage under this rider begins;
c. before coverage under this rider terminates; and
d. while the policy is in force.
4. If the total disability occurs during the grace period
following the due date of a premium required to keep
the policy in force, that premium must first be paid to
us. If we permit the premium to be paid after the
grace period, the payment must include interest on such
amount at a rate of 6% compounded annually.
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5. If coverage under this rider terminates or the policy
lapses or becomes void by its terms, we must receive
written notice of claim no later than 1 year from that
date. This condition will not apply if such notice was
given as soon as reasonably possible.
REQUIRED PROOF OF In addition to requiring proof of total disability before
DISABILITY AND ITS granting any benefits under this rider, we have the right to
CONTINUANCE require proof from time to time that the total disability
continues. As part of any such proof, we shall have the
right to have a physician of our choosing conduct such
physical exams of the insured as we may reasonably require.
After benefits under this rider have been received for a
period of disability of more than 2 years, we will not
require such exams more frequently than once a year.
Should there be a failure to furnish such proof or a refusal
to permit such exams, or should the insured cease to be
totally disabled before the policy anniversary nearest the
insured's 65th birthday:
a. further specified frequency premium amounts will not be
credited or paid; and
b. any specified frequency premium amounts already
credited or paid after that date will be charged as
loans against the policy unless repaid to us.
THE PAYEE OF ANY If the insured is the owner of the policy and dies before
CASH PAYMENTS receiving payment of any amount that becomes due, such
payment will be made to the same beneficiary and in the same
manner as provided under the policy for payment of death
benefits. We may also do this if the insured is the owner
of the policy and we have evidence satisfactory to us that
the insured is mentally incompetent. Upon such payment we
shall no longer be liable for payment of such amount
LIMIT ON OUR RIGHT We cannot contest the validity of this rider except for
TO CONTEST THIS failure to pay premiums after it has been in force during
RIDER the lifetime of the insured for 2 years from the Rider Date.
MONTHLY RIDER The monthly charge for coverage under this rider is included
CHARGES in and part of the monthly deduction for the policy. It is
deducted on each Monthly Calculation Day until coverage
under this rider terminates.
TERMINATION OF Coverage under this rider will terminate on the earliest of:
COVERAGE UNDER
THIS RIDER a. full surrender of the policy;
b. lapse of the policy;
c. death of the insured;
d. the policy anniversary nearest the insured's 65th
birthday, unless continued as provided under the
Specified Annual Premium Amount Benefits section; or
e. our receipt on any Monthly Calculation Day of your
written request, along with the policy, to cancel
coverage under this rider.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ S. Gilmore
Secretary Registrar
3
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ADDITIONAL PURCHASE OPTION RIDER
This rider is part of the policy to which it is attached, if
it and its monthly charge are listed in the Rider Schedule
on the Schedule Page of the policy or in an Endorsement
after that page. Except as stated in this rider, it is
subject to all of the provisions contained in the policy.
RIDER DATE OF ISSUE The date for this rider on the Schedule Page under the
section entitled Riders and Rider Benefits.
MAXIMUM AMOUNT OF The amount shown for this Rider on the Schedule Page under
ADDITIONAL the section entitled Riders and Rider Benefits.
INSURANCE THAT MAY
BE PURCHASED UPON
EXERCISE OF EACH
PURCHASE OPTION
DEFINITIONS
REGULAR OPTION Each policy anniversary nearest each of these birthdays of
DATES the insured: the 25th, 28th, 31st, 34th, 37th and 40th
birthdays.
ADVANCE OPTION The date of any of the following:
DATE
a. marriage of the insured;
b. live birth of a child of the insured;
c. legal adoption by the insured of a child under 18 years
of age.
DISABILITY RIDER Disability Payment of Specified Annual Premium Amount Rider.
THE PURCHASE While this rider is in effect and subject to its terms, on
OPTION each Regular Option Date, you have the option to purchase a
new policy on the life of the insured without additional
evidence of insurability. The amount of insurance that you
may purchase upon exercise of each option is limited to the
Maximum Amount stated above. Provided it has not already
been exercised, the purchase option available on the next
Regular Option Date will become available on an Advance
Option Date and may be exercised in advance. Any purchase
option exercised in advance is no longer available on the
next Regular Option Date.
HOW TO EXERCISE To exercise the purchase option, you must file a written
THE PURCHASE application with us and pay the first minimum premium for
OPTION such additional insurance. The application and premium must
be received by us at our Main Administrative Office:
a. while the insured is alive; and
b. no later than 60 days after the option becomes
available.
After each Advance Option Date, coverage equal to the
Maximum Amount will automatically be provided under this
rider until the earlier of:
a. the end of the 60-day period following the Advance
Option Date; or
b. the date of issue of the new policy.
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THE NEW POLICY Premiums under the new policy will be at our then current
rates for the same risk classification as this policy. The
new policy must be any one of the following types of
insurance and currently in use by us:
a. variable life
b. universal life
c. whole life.
ORDINARY LIFE The new insurance will be subject to our rules then in
effect as to age, minimum amount and plan of insurance. It
will be subject to any limitations of risk contained in your
policy. It will not, however, be subject to any assignments
or liens against this policy. The limit on our right to
contest the validity of the new policy will operate from the
Rider Date of Issue.
If this policy contains a Disability Rider and the insured
is not totally disabled as defined in that rider when the
purchase option is exercised, the new policy may contain
that rider.
If this policy contains a Disability Rider and the insured
is totally disabled under the rider when the purchase option
is exercised, the new policy will contain that rider. In
that case, we will waive any requirement of that rider that
the disability occur after the new policy took effect.
Except to the extent as provided above, our consent will be
required for the new policy to include any other disability,
accidental death or any other benefits.
MONTHLY RIDER The monthly charges for coverage under this rider are
CHARGES included in and are part of the monthly deduction for the
policy. They are deducted on each Monthly Calculation Day
until coverage under this rider terminates. The amount of
the monthly charge for this rider is shown on the schedule
page of the policy.
TERMINATION OF Subject to your right to exercise a purchase option within
THIS RIDER 60 days after an option becomes available, this rider will
terminate on the earliest of:
a. the death of the insured;
b. lapse or surrender of this policy;
c. the anniversary of this policy nearest the insured's
40th birthday;
d. the exercise of a purchase option on an Advance Option
Date occurring within the 3-year period prior to the
anniversary of your policy nearest the insured's 40th
birthday;
e. our receipt of a written request to cancel this rider;
such cancellation will be effective on the next Monthly
Calculation Date.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ S. Gilmore
Secretary Registrar
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ACCELERATED BENEFIT RIDER
This rider is part of the policy to which it is attached,
effective as of the Rider Date, if it is listed on the
policy's Schedule Page or in an Endorsement after that page.
You should therefore review the policy's Schedule Page for
applicability. Except as stated in this rider, it is
subject to all of the provisions contained in the policy.
THE BENEFIT PAID UNDER THIS RIDER MAY BE TAXABLE. YOU
SHOULD CONSULT YOUR PERSONAL TAX ADVISOR REGARDING POSSIBLE
TAX CONSEQUENCES.
RIDER DATE SAME AS POLICY DATE
MAXIMUM $300.00
ADMINISTRATIVE
CHARGE
MAXIMUM PROPORTION 75%
ALLOWABLE
MAXIMUM ACCELERATED $250,000
BENEFIT
MINUMUM REMAINING $10,000
FACE AMOUNT
DEFINITIONS INSURED is the person covered under the basic policy.
YOU (YOUR) is the owner of the policy to which this rider is
attached.
WE (OUR, US) refers to Phoenix Home Life Mutual Insurance
Company, or its subsidiaries.
ELIGIBLE AMOUNT is the amount of insurance under the policy
that is eligible for accelerated payment. It is equal to
the death benefit of the basic policy at the time of claim
plus any term insurance amounts in force provided by rider
on the life of the insured, which provides coverage
renewable to the insured's attained age 95 or beyond, but
exclusive of any other supplemental rider death benefits.
PROPORTION is the percentage of the Eligible Amount that
will be accelerated under this rider. The Proportion is
chosen by you at the time of election of an accelerated
benefit, subject to the following limitations. The
Proportion elected:
1. can be no more than the Maximum Proportion
Allowable as specified in this rider;
2. cannot result in a remaining death benefit below
the minimum as specified in this rider; and
3. cannot result in a Requested Benefit that
exceeds the Maximum Accelerated Benefit as
specified in this rider.
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This rider terminates upon payment of the accelerated
benefit.
MAXIMUM ACCELERATED BENEFIT is the amount shown on the first
page of this rider. This Maximum Accelerated Benefit
applies, in aggregate, to all policies issued on the insured
by us.
REQUESTED BENEFIT is the Proportion multiplied by the
Eligible Amount.
TERMINAL ILLNESS is an illness or condition that is expected
to result in the insured's death within six months based on
evidence satisfactory to us as defined under the Proof of
Terminal Illness section below.
RIDER DESCRIPTION This rider allows you to elect an accelerated benefit upon
terminal illness of the insured. The election must be made
by a written request signed by you. We must also receive
proof satisfactory to us of the insured's terminal illness
as described in the Proof of Terminal Illness section below.
The amount of the accelerated benefit will be adjusted as
described under the Payment Made to You section below. The
resulting payment will be made in a lump sum. Policy
values, cash surrender values, loan values and the death
benefit as specified in the policy to which this rider is
attached will be reduced if you receive an accelerated
benefit. There is no premium charge for this rider.
PAYMENT MADE TO The amount of the payment made to you will be determined by
YOU discounting the Requested Benefit at our then current
discounting rate for a period of twelve (12) months, to
reflect the early payment of insurance proceeds under the
policy.
Our discounting rate will be subject to the higher of:
1. 5%; or
2. the Published Monthly Average for the calendar
month ending two months before the policy
anniversary on or immediately preceding the date
that we receive your written request for payment
under this rider.
The Published Monthly Average will be:
a. The Corporate Bond Yield Average -- Monthly
Average Corporates as published by Moody's
Investors Service, Inc. or any successor to that
Service; or
b. If that Monthly Average is no longer published,
a substantially similar average, established by
regulation for policy loan rates issued by the
insurance supervisory official of the state
where the rider was delivered will be
applicable.
If the discounting rate computed for a policy year is no
more than 1/2% higher than the rate in effect for the
previous policy year, then we will maintain such prior
year's rate.
If the discounting rate computed for a policy year is no
more than 1/2% lower than the rate in effect for the
previous policy year, then we may, at our discretion,
maintain such prior year's rate.
If the cash surrender value multiplied by the Proportion
exceeds the discounted value, then the discounted Requested
Benefit will be increased to equal such greater amount.
2
<PAGE>
The discounted Requested Benefit is reduced by the
Proportion of any policy debt, including any unpaid loan
interest, and the Proportion of any other amounts due us
from you. This result is then reduced by our then current
Administrative Charge for benefits under this type of rider,
not to exceed the maximum as specified in this rider. The
amount that remains is the payment that will be made to you.
In the event that the insured dies after the written request
but before we make the payment, and we receive written
notice at our Main Administrative Office during this period
of this event, the request will be considered void, and no
payment will be made under this rider.
EFFECTS ON CONTRACT The following values will be reduced by the Proportion at
the time the payment is made to you:
1. the future planned premium payable on the basic
policy;
2. the face amount of the policy at the time of
claim;
3. the cash value (policy value);
4. any remaining surrender charge;
5. the cash surrender value; and
6. any policy debt including any unpaid loan
interest.
If this rider is attached to a variable life insurance
policy that permits fund investment in various subaccounts
of our Variable Universal Life Separate Account, the
reduction in policy value will be achieved through a
proportionate reduction in this policy's share in the value
of each subaccount based on the allocation you request at
the time of your accelerated benefit request. If no
allocation request is made, the assignment to each
subaccount will be made in the same manner as provided for
monthly deductions.
Future values under the policy will be determined in a
manner consistent with that under the original policy, as
adjusted to reflect the above reductions. We will mail to
you a new policy Schedule Page reflecting any payment made
under this rider.
PROOF OF TERMINAL A licensed physician, who is not yourself or a member of
ILLNESS your family, must provide us with evidence satisfactory to
us of the insured's terminal illness. We reserve the right
to obtain a second medical opinion from a physician of our
choosing at our expense.
CONDITIONS Payment under this rider is subject to the following
conditions:
1. The policy must not have lapsed.
2. We will require the consent of any assignees and
irrevocable beneficiaries to any request for
payment under this rider.
3. No payments will be made under this rider to
satisfy the claims, demands, or obligations of
any creditor, trustee in bankruptcy or
governmental agency, or arising under any court
order directed against you, to the extent that
we have written notice thereof.
3
<PAGE>
RIDER TERMINATION This rider will terminate on the earliest of:
1. Lapse or surrender of this policy to which it is
attached.
2. Our receipt of your written request to terminate
this rider; or
3. Payment of any benefit under this rider.
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY
/s/ Dona D. Young /s/ S. Gilmore
Secretary Registrar
4
EXHIBIT 1A(5)(b)
SPECIMEN POLICY WITH OPTIONAL RIDERS
FLEXIBLE PREMIUM JOINT VARIABLE UNIVERSAL LIFE
("JOINT EDGE")
<PAGE>
POLICY NUMBER 11144500 APRIL 1, 1995 POLICY DATE
POLICY
FACE AMOUNT $100,000.00 APRIL 1, 2045 MATURITY DATE
Dear Policyowner:
We agree to pay the benefits of this policy in accordance with its provisions.
It is important to us that you are satisfied with your policy and that it meets
your insurance goals. For service or information on this policy, contact the
agent who sold the policy, any of our agency offices, or our Variable and
Universal Life Administration at the following address:
Phoenix Home Life Mutual Insurance Company
Underwriting and Issue Division
100 Bright Meadow Boulevard
P. 0. Box 1900
Enfield, CT 06083-1900
RIGHT TO CANCEL. You have the right to cancel this policy within a limited time
after the policy is delivered to you. The policy may be cancelled by returning
the policy to us at our Variable and Universal Life Administration before the
later of:
1. 10 days after the policy is delivered to you; or
2. 10 days after a Notice of Right to Cancel is delivered to you; or
3. 45 days after Part 1 of the application is signed;
for a refund of:
1. the policy value less debt, if any; plus
2. any monthly deductions, partial surrender fees, and other charges made
under the policy.
The policy value and debt will be determined as of the nearest Valuation Date
coincident with or following the date we receive the returned policy at our
Variable and Universal Life Administration.
Signed for Phoenix Home Life Mutual Insurance Company at its Main Administrative
Office at Hartford, Connecticut.
Sincerely yours,
/s/ Dona D. Young /s/ Robert W. Fiondella
Secretary Chief Executive Officer
Registrar
FLEXIBLE PREMIUM JOINT VARIABLE UNIVERSAL LIFE INSURANCE POLICY
INSURANCE PAYABLE AT FIRST DEATH
PREMIUMS PAYABLE UNTIL FIRST DEATH
The death benefit and other values provided under this policy are based on the
rates of interest credited on any amounts allocated to the Guaranteed Interest
Account and on the investment experience of the sub-accounts within our Separate
Account to which your premiums are allocated. Thus, the death benefit and other
values may increase or decrease in amount or duration. See Part 7 for a
description of how the death benefit is determined.
ELIGIBLE FOR ANNUAL DIVIDENDS
V601
<PAGE>
SCHEDULE PAGE
BASIC INFORMATION
POLICY NUMBER 11144500 APRIL 1, 1995 POLICY DATE
POLICY
FACE AMOUNT $100,000.00 APRIL 1, 2045 MATURITY DATE*
OWNER AS STATED IN THE APPLICATION UNLESS LATER CHANGED.
DEATH BENEFIT OPTION: DEATH BENEFIT OPTION 1 OR AS LATER CHANGED AS PROVIDED
HEREIN.
BENEFICIARY AS STATED IN THE APPLICATION UNLESS LATER CHANGED.
INSUREDS
INSURED ISSUE AGE & SEX RISK CLASSIFICATION
JOHN PHOENIX 45 MALE NON-SMOKER
MARY PHOENIX 45 FEMALE NON-SMOKER
PREMIUMS
ISSUE PREMIUM: $1,666.66
SUBSEQUENT PLANNED ANNUAL PREMIUM: $5,000.00
TOTAL PREMIUM LIMIT: GREATER OF $32,530.07 AND RESULT OF $2,748.17
MULTIPLIED BY NUMBER OF POLICY YEARS (OR FRACTION THEREOF)
AFTER APRIL 1, 1995
PREMIUM DUE DATES: ISSUE PREMIUM DUE ON POLICY DATE AND SUBSEQUENT
PLANNED PREMIUMS PAYABLE ON THE FIRST DAY OF
EACH YEAR THEREAFTER UNTIL MATURITY DATE.
* THE MATURITY DATE IS THE LATEST DATE THAT THE POLICY WILL TERMINATE. EVEN IF
ALL PLANNED PREMIUMS ARE PAID THE POLICY MAY TERMINATE EARLIER THAN THE
MATURITY DATE. SEE SECTION ENTITLED "GRACE PERIOD AND LAPSE" IN PART 4 AND
"POLICY MATURITY" IN PART 6. ANY SURRENDER VALUE ON THE MATURITY DATE WILL BE
PAID TO YOU AS PROVIDED IN THE SECTION ENTITLED "POLICY MATURITY" IN PART 6.
** THE AMOUNT WILL DECREASE WHEN MONTHLY CHARGES FOR ANY RIDER OR ANY OTHER
MONTHLY CHARGES CEASE.
DATE PREPARED: MAY 2, 1995 PAGE 1 OF 6
V601
<PAGE>
SCHEDULE PAGE (CONTINUED)
POLICY NUMBER: 11144500
SUB-ACCOUNT ALLOCATION SCHEDULE ON THE POLICY DATE
MONTHLY
SUB-ACCOUNT*** PREMIUMS DEDUCTIONS****
MONEY MARKET 50.0% PROPORTIONATE
GROWTH 50.0% PROPORTIONATE
BOND 0.0% NONE
GUARANTEED INTEREST 0.0% NONE
TOTAL RETURN 0.0% NONE
INTERNATIONAL 0.0% NONE
BALANCED 0.0% NONE
*** SEE BELOW FOR DESCRIPTION OF SUB-ACCOUNTS.
**** SEE PART 1 FOR DEFINITION OF PROPORTIONATE. SUB-ACCOUNTS MARKED "NONE"
WILL BE CHARGED WITH A PORTION OF THE MONTHLY DEDUCTION ONLY IF THE
SUB-ACCOUNTS MARKED PROPORTIONATE ARE NOT SUFFICIENT TO MAKE THE FULL
MONTHLY DEDUCTION.
SEPARATE ACCOUNT SUB-ACCOUNTS
FUND: THE PHOENIX EDGE SERIES FUND
MONEY MARKET THE INVESTMENT OBJECTIVE OF THE MONEY MARKET SUB-ACCOUNT IS
TO PROVIDE MAXIMUM CURRENT INCOME CONSISTENT WITH CAPITAL
PRESERVATION AND LIQUIDITY.
GROWTH THE INVESTMENT OBJECTIVE OF THE GROWTH SUB-ACCOUNT IS TO
ACHIEVE INTERMEDIATE AND LONG-TERM GROWTH OF CAPITAL, WITH
INCOME AS A SECONDARY CONSIDERATION.
BOND THE INVESTMENT OBJECTIVE OF THE BOND SUB-ACCOUNT IS TO SEEK
LONG-TERM TOTAL RETURN BY INVESTING IN A DIVERSIFIED
PORTFOLIO OF HIGH YIELD (HIGH RISK) AND HIGH QUALITY FIXED
INCOME SECURITIES.
TOTAL RETURN THE INVESTMENT OBJECTIVE OF THE TOTAL RETURN SUB-ACCOUNT IS
TO REALIZE AS HIGH A LEVEL OF TOTAL RATE OF RETURN OVER AN
EXTENDED PERIOD OF TIME AS IS CONSIDERED CONSISTENT WITH
PRUDENT INVESTMENT RISK.
INTERNATIONAL THE INVESTMENT OBJECTIVE OF THE INTERNATIONAL SUB-ACCOUNT IS
TO SEEK A HIGH TOTAL RETURN CONSISTENT WITH REASONABLE RISK.
THE INTERNATIONAL SUB-ACCOUNT INTENDS TO INVEST PRIMARILY IN
AN INTERNATIONALLY DIVERSIFIED PORTFOLIO OF EQUITY
SECURITIES. THE INTERNATIONAL PORTFOLIO PROVIDES A MEANS
FOR INVESTORS TO INVEST A PORTION OF THEIR ASSETS OUTSIDE
THE UNITED STATES.
BALANCED THE INVESTMENT OBJECTIVE OF THE BALANCED SUB-ACCOUNT IS TO
SEEK A REASONABLE INCOME, LONG-TERM CAPITAL GROWTH AND
CONSERVATION OF CAPITAL. THE BALANCED SUB-ACCOUNT INTENDS
TO INVEST BASED ON COMBINED CONSIDERATIONS OF RISK, INCOME,
CAPITAL ENHANCEMENT AND PROTECTION OF CAPITAL VALUE.
GUARANTEED THE GUARANTEED INTEREST ACCOUNT IS NOT PART OF THE SEPARATE
INTEREST ACCOUNT. IT IS ACCOUNTED FOR AS PART OF OUR GENERAL
ACCOUNT ACCOUNT. WE WILL CREDIT INTEREST ON ANY AMOUNTS HELD UNDER
THE GUARANTEED INTEREST ACCOUNT AT SUCH RATES AS DESCRIBED
IN THE SECTION ENTITLED "GUARANTEED INTEREST ACCOUNT" IN
PART 5.
DATE PREPARED: MAY 2, 1995 PAGE 2 OF 6
V601
<PAGE>
SCHEDULE PAGE (CONTINUED)
POLICY NUMBER: 11144500
SUB-ACCOUNT FEES
MAXIMUM DAILY MORTALITY AND EXPENSE RISK FEE: 0.0000219 (BASED ON ANNUAL RATE OF
0.80%)
MAXIMUM DAILY TAX FEE: 0 OR SUCH GREATER AMOUNT AS MAY BE ASSESSED AS A RESULT
OF A CHANGE IN TAX LAWS.
POLICY CHARGES
ISSUE EXPENSE CHARGE: $150.00
PREMIUM TAX CHARGE: AS PROVIDED UNDER CURRENT OR FUTURE LAW OF STATE WHERE
POLICYOWNER RESIDES, CURRENTLY 3.000 %.
MONTHLY DEDUCTION: SEE PART 4, "MONTHLY DEDUCTION". INCLUDES COST OF
INSURANCE, ANY RIDER CHARGES, ANY FLAT EXTRA MORTALITY
CHARGES AND A MONTHLY ADMINISTRATIVE CHARGE WHICH SHALL NOT
EXCEED $10.00 AND IS CURRENTLY SET AT $5
MAXIMUM TRANSFER CHARGE: NONE
PARTIAL SURRENDER FEE: LESSER OF $25.00 OR 2% OF PARTIAL SURRENDER AMOUNT PAID.
SURRENDER CHARGE: SEE TABLE ON NEXT PAGE.
OTHER RATES:
GUARANTEED INTEREST ACCOUNT: MINIMUM RATE 4%.
LOAN INTEREST RATE: 8.00% IN ARREARS POLICY YEARS 1 THRU 10
7.00% IN ARREARS THEREAFTER.
DATE PREPARED: MAY 2, 1995 PAGE 3 OF 6
V601
<PAGE>
SCHEDULE PAGE (CONTINUED)
POLICY NUMBER: 11144500
SURRENDER CHARGE
IN POLICY YEARS 1 THROUGH 10 THE FULL SURRENDER CHARGE IS AS DESCRIBED BELOW.
THE APPLICABLE SURRENDER CHARGE IN ANY POLICY MONTH IS THE FULL SURRENDER CHARGE
MINUS ANY SURRENDER CHARGES PREVIOUSLY PAID, BUT NOT LESS THAN ZERO. IN ALL
POLICY YEARS AFTER THE 10TH POLICY YEAR THE SURRENDER CHARGE IS ZERO.
THE FULL SURRENDER CHARGE IN ANY POLICY MONTH DURING POLICY YEARS 1 THROUGH 10
IS THE LESSER OF THE AMOUNT SHOWN BELOW IN THE MAXIMUM SURRENDER CHARGE TABLE
AND AN AMOUNT EQUAL TO A PLUS B AS DEFINED BELOW.
A IS EQUAL TO THE SUM OF (1), (2) AND (3) WHERE,
(1) EQUALS 30% OF THE FIRST $2,302.93 OF PREMIUMS PAID;
(2) EQUALS 10% OF THE PORTION OF CUMULATIVE PREMIUMS PAID IN
EXCESS OF $2,302.93 AND NOT GREATER THAN $ 4,605.86
(3) EQUALS 9% OF CUMULATIVE PREMIUMS PAID IN EXCESS OF $4, 605.86
B IS EQUAL TO $500.00
MAXIMUM SURRENDER CHARGE TABLE
POLICY SURRENDER POLICY SURRENDER POLICY SURRENDER
MONTH CHARGE MONTH CHARGE MONTH CHARGE
- ------ --------- ------ --------- ------- ---------
1- 12 1,651.46 77 1,370.71 99 878.57
13- 24 1,651.46 78 1,354.20 100 853.47
25- 36 1,651.46 79 1,337.68 101 828.37
37- 48 1,651.46 80 1,321.17 102 803.27
49- 60 1,651.46 81 1,304.65 103 778.17
61 1,634.95 82 1,288.14 104 753.06
62 1,618.43 83 1,271.62 105 727.96
63 1,601.92 84 1,255.11 106 702.86
64 1,585.40 85 1,230.01 107 677.76
65 1,568.89 86 1,204.90 108 652.65
66 1,552.37 87 1,179.80 109 598.27
67 1,535.86 88 1,154.70 110 543.88
68 1,519.34 89 1,129.60 111 489.49
69 1,502.83 90 1,104.49 112 435.10
70 1,486.31 91 1,079.39 113 380.71
71 1,469.80 92 1,054.29 114 326.32
72 1,453.28 93 1,029.19 115 271.94
73 1,436.77 94 1,004.09 116 217.55
74 1,420.25 95 978.98 117 163.16
75 1,403.74 96 953.88 118 108.77
76 1,387.23 97 928.78 119 54.38
98 903.68 120 .00
DATE PREPARED: MAY 2, 1995 PAGE 4 OF 6
V601
<PAGE>
SCHEDULE PAGE (CONTINUED)
POLICY NUMBER: 11144500
TABLE OF GUARANTEED MAXIMUM COST OF INSURANCE RATES
PER $1,000 OF NET AMOUNT AT RISK
BASED ON 1980 CSO MORTALITY TABLE
POLICY MONTHLY POLICY MONTHLY POLICY MONTHLY
YEAR RATE YEAR RATE YEAR RATE
01 0.52500 18 2.10380 35 11.59660
02 0.56400 19 2.32760 36 12.72420
03 0.60640 20 2.58480 37 13.98510
04 0.65210 21 2.86610 38 15.41080
05 0.70190 22 3.16830 39 17.01590
06 0.75660 23 3.48710 40 18,75970
07 0.81880 24 3.82090 41 20.61380
08 0.89010 25 4.18170 42 22.53730
09 0.97130 26 4.59130 43 24.52250
10 1.06080 27 5.06300 44 26.53450
11 1.15850 28 5.62030 45 28.59830
12 1.26360 29 6.27280 46 30.72150
13 1.37280 30 7.01600 47 32.93570
14 1.48600 31 7.82710 48 35.29760
15 1.61160 32 8.69710 49 37.89520
16 1.75350 33 9.61460 50 41.03180
17 1.91440 34 10.57320
DATE PREPARED: MAY 2, 1995 PAGE 5 OF 6
V601
<PAGE>
SCHEDULE PAGE (CONTINUED)
POLICY NUMBER: 11144500
RIDERS AND RIDER BENEFITS
RIDER RIDER
DATE OF TERMINATION MONTHLY
RIDER DESCRIPTION ISSUE AMOUNT DATE CHARGE
- ----------------- ------- ------ ---------- -------
VRO4 - JOINT LIFE EXCHANGE OPTION RIDER 4/01/1995 4/01/2045
DATE PREPARED: MAY 2, 1995 PAGE 6 OF 6
V601
<PAGE>
TABLE OF CONTENTS
PART PAGE
Schedule Page
Basic Information
Description of Sub-Accounts
Policy Charges and Rates
Table of Surrender Charges
Table of Guaranteed Maximum Cost
of Insurance Rates
Table of Contents
1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
2 About The Policy. . . . . . . . . . . . . . . . . . . . . . . . . 3
Effective Date of Insurance. . . . . . . . . . . . . . . . . . . 3
Entire Contract. . . . . . . . . . . . . . . . . . . . . . . . . 3
Dividends. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Contestability . . . . . . . . . . . . . . . . . . . . . . . . . 4
Suicide. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Misstatement of Age or Sex . . . . . . . . . . . . . . . . . . . 4
Assignments. . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Annual Reports . . . . . . . . . . . . . . . . . . . . . . . . . 5
Policy Termination
Upon First Death. . . . . . . . . . . . . . . . . . . . . . . . 5
Transaction Rules. . . . . . . . . . . . . . . . . . . . . . . . 5
3 Rights of Owner . . . . . . . . . . . . . . . . . . . . . . . . . 6
Who is the Owner . . . . . . . . . . . . . . . . . . . . . . . . 6
What are the Rights of the Owner . . . . . . . . . . . . . . . . 6
How to Change the Owner. . . . . . . . . . . . . . . . . . . . . 6
4 Premiums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Premium Allocation to
Sub-Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . 7
Premium Flexibility. . . . . . . . . . . . . . . . . . . . . . . 7
Total Premium Limit. . . . . . . . . . . . . . . . . . . . . . . 8
Grace Period and Lapse . . . . . . . . . . . . . . . . . . . . . 8
Policy Value . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Monthly Deduction. . . . . . . . . . . . . . . . . . . . . . . . 9
5 The Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Guaranteed Interest Account. . . . . . . . . . . . . . . . . . . 10
Separate Account . . . . . . . . . . . . . . . . . . . . . . . . 11
Voting Rights. . . . . . . . . . . . . . . . . . . . . . . . . . 11
Share of Separate Account
Sub-Account Values. . . . . . . . . . . . . . . . . . . . . . . 12
Unit Value . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Net Investment Factor. . . . . . . . . . . . . . . . . . . . . . 12
6 Lifetime Benefits . . . . . . . . . . . . . . . . . . . . . . . . 13
Transfers. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Loans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Loan Interest. . . . . . . . . . . . . . . . . . . . . . . . . . 14
Cash Surrender Value . . . . . . . . . . . . . . . . . . . . . . 14
Full Surrender . . . . . . . . . . . . . . . . . . . . . . . . . 14
Partial Surrender. . . . . . . . . . . . . . . . . . . . . . . . 15
Policy Maturity. . . . . . . . . . . . . . . . . . . . . . . . . 16
Additional Insurance Option. . . . . . . . . . . . . . . . . . . 16
7 Death Benefits. . . . . . . . . . . . . . . . . . . . . . . . . . 17
How the Death Benefit is
Determined. . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Death Benefit Option 1 . . . . . . . . . . . . . . . . . . . . . 17
Death Benefit Option 2 . . . . . . . . . . . . . . . . . . . . . 17
How to Change the Death
Benefit Option. . . . . . . . . . . . . . . . . . . . . . . . . 18
Minimum Death Benefit. . . . . . . . . . . . . . . . . . . . . . 18
Requests for a Decrease in
Face Amount . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Death Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . 19
Interest on Death Proceeds . . . . . . . . . . . . . . . . . . . 19
The Beneficiary. . . . . . . . . . . . . . . . . . . . . . . . . 19
30 Day Survival Clause . . . . . . . . . . . . . . . . . . . . . 19
How to Change the Beneficiary. . . . . . . . . . . . . . . . . . 19
8 Payment Options . . . . . . . . . . . . . . . . . . . . . . . . . 20
Who May Elect Payment Options. . . . . . . . . . . . . . . . . . 20
How to Elect a Payment Option. . . . . . . . . . . . . . . . . . 20
Payment Options. . . . . . . . . . . . . . . . . . . . . . . . . 20
(1) Payment in One Sum . . . . . . . . . . . . . . . . . . . . . 20
(2) Left to Earn Interest. . . . . . . . . . . . . . . . . . . . 20
(3) Payments for a Specified
Period. . . . . . . . . . . . . . . . . . . . . . . . . . . 21
(4) Life Annuity with Specified
Period Certain. . . . . . . . . . . . . . . . . . . . . . . 21
(5) Life Annuity . . . . . . . . . . . . . . . . . . . . . . . . 21
(6) Payments of Specified
Amount. . . . . . . . . . . . . . . . . . . . . . . . . . . 22
(7) Joint Survivors Annuity
w/10-year Period Certain. . . . . . . . . . . . . . . . . . 22
(8) Variable Payout Life Annuity
w/10-year Period Certain. . . . . . . . . . . . . . . . . . 22
Calculation of Variable
Income Payments . . . . . . . . . . . . . . . . . . . . . . 22
Annuity Units. . . . . . . . . . . . . . . . . . . . . . . . 23
Annuity Unit Value . . . . . . . . . . . . . . . . . . . . . 23
Assumed Investment Rate. . . . . . . . . . . . . . . . . . . 23
Payment Calculation Date . . . . . . . . . . . . . . . . . . 23
Restrictions . . . . . . . . . . . . . . . . . . . . . . . . 23
(9) Variable Payout Annuity
for a Specified Period . . . . . . . . . . . . . . . . . . 24
Additional Interest and
Enhanced Rates. . . . . . . . . . . . . . . . . . . . . . . . . 24
9 Tables of Payment Option Amounts. . . . . . . . . . . . . . . . . 24
<PAGE>
PART 1: DEFINITIONS
ANNUITY UNIT A standard of measurement used to measure the amount of each
variable income payment under the variable payout annuity
payment options as described in Part 8.
ASSIGNS Any persons to whom you assign an interest in this policy if
we have notice of the assignment in accordance with the
provisions stated in Part 2.
ATTAINED AGE Age of that insured on the birthday nearest the most recent
policy anniversary.
BASIC POLICY The policy as it exists, without any additional rider
benefits.
DEBT Unpaid loans against a policy with accrued interest.
FIRST DEATH The death of the first of the insureds to die. Unless you
and we agree otherwise, if we are unable to determine on the
basis of proofs of death furnished to us which of the
insureds was the first to die, and the order of deaths
affects the amount of the death benefit payable under this
policy, the deceased insured whose death would produce the
highest aggregate death proceeds payable under this policy,
inclusive of any rider benefits, will be considered to have
been the first of the insureds to die.
GENDER The terms "he," "his" and "him" are applicable without
regard to sex. Where proper, "she," "hers" or "her" may be
substituted.
IN FORCE The policy has not terminated.
IN WRITING In a written form satisfactory to us and filed at our
(WRITTEN REQUEST) Variable and Universal Life Administration.
INSUREDS The insureds are those persons named as insureds on Page 1
of the Schedule Pages.
MONTHLY CALCULATION The first Monthly Calculation Day of a policy is the same
DAY day as its Policy Date as shown on the Schedule Page.
Subsequent Monthly Calculation Days are the same day for
each month thereafter or, if such day does not fall within a
given month, the last day of that month will be the Monthly
Calculation Day.
OLDEST INSURED The oldest insured is the person among the insureds on Page
1 of the Schedule Pages who was born first.
V601
1
<PAGE>
PAYMENT DATE The Valuation Date on which a premium payment or loan
repayment is received at our Variable and Universal Life
Administration, unless it is received after the close of the
New York Stock Exchange in which case it will be the next
Valuation Date.
POLICY ANNIVERSARY The anniversary of the Policy Date.
POLICY DATE The Policy Date as shown on the Schedule Page. It is the
date from which policy years and policy anniversaries are
measured.
POLICY MONTH The period from one Monthly Calculation Day up to but not
including the next Monthly Calculation Day.
POLICY VALUE The Policy Value as defined in Part 4.
POLICY YEAR The first Policy Year is the one-year period from the Policy
Date to, but not including, the first Policy Anniversary.
Each succeeding Policy Year is the one-year period from the
Policy Anniversary to but not including the next Policy
Anniversary.
PROPORTIONATE Amounts allocated to sub-accounts on a Proportionate basis
are allocated by increasing (or decreasing) this policy's
share in the value of the affected sub-accounts so that such
shares maintain the same ratio to each other before and
after the allocation.
SEPARATE ACCOUNT Phoenix Home Life Variable Universal Life Account.
SUB-ACCOUNTS The Guaranteed Interest Account (exclusive of the loaned
portion of such account) and the accounts within our
Separate Account to which non-loaned assets under the policy
are allocated as described in Part 5.
UNIT A standard of measurement, as described in Part 4, used to
determine the share of this policy in the value of each sub-
account of the Separate Account.
VALUATION DATE Every day the New York Stock Exchange is open for trading.
VALUATION PERIOD The period in days from the end of one Valuation Date
through the next Valuation Date.
WE (OUR, US) means Phoenix Home Life Mutual Insurance Company.
YOU (YOUR) The owners of this policy.
YOUNGEST INSURED The youngest insured is the person among the insureds listed
on Page 1 of the Schedule Pages who was born last.
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PART 2: ABOUT THE POLICY
EFFECTIVE DATE This policy will begin in force on the Policy Date, provided
OF INSURANCE the issue premium is paid while all the insureds are alive.
ENTIRE CONTRACT This policy and the written application, a copy of which is
attached to and made a part of the policy, are the entire
contract between you and us. Any change in the provisions of
the contract, to be in effect, must be signed by one of our
executive officers and countersigned by our registrar or one
of our executive officers. This policy is issued by us at
our Main Administrative Office in Hartford, Connecticut. Any
benefits payable under this policy are payable at our Main
Administrative Office.
DIVIDENDS While this policy is in force it will share in our divisible
surplus to the extent that we may provide. The share to be
apportioned this policy, if any, will be determined annually
by us and credited no later than the end of the Policy Year
for which it was determined. We will pay the dividend to
you in cash unless you elect that it be applied under any
other method mutually agreed to by you and us. We do not
expect any dividends to be apportioned to this policy.
You may elect that any dividends that become payable be
applied under one of the dividend options described in this
section. If no election is made, any dividends will be
applied to buy paid-up insurance additions under option 3.
1. Paid in Cash;
2. Applied as an additional premium to the policy value in
the same manner as would be provided for additional
premiums as described in the section entitled "Premium
Allocation to Sub-accounts" in Part 4; or
3. Applied to buy paid-up insurance additions. The
dividends are used to buy participating level face
amount paid up additions with no further premiums due.
If death of an insured occurs while this policy is in
force, the death benefit from these additions will be
added to the death benefit under this policy. Upon
policy lapse or surrender, any such additions will be
terminated and the cash value of such additions will be
paid to you in cash.
Net single premiums for paid-up insurance additions will
not exceed such net single premiums based on the
Commissioners 1980 Standard Ordinary Mortality Table,
continuous functions and an interest rate of 4% per
year. The cash value of these additions will also be
based on such table and method and will never be less
than the amount of dividends applied to purchase them.
Within 30 days after any policy anniversary, the cash
value of any additions will be not less than their cash
value on that anniversary. On any other date, we will
allow for the lapse of time since the beginning of the
current policy year.
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4. Accumulate at interest. The dividends are left with us
to accumulate at the rate declared by us. The rate will
not be less than 3% per year. The interest is credited
annually on each policy anniversary. Any amount held by
us under this option may be withdrawn in cash, unless
being used to secure policy debt.
5. Applied under any other method agreed to by us.
CONTESTABILITY We rely on all statements made by any or all of the insureds
in the written application. These statements are considered
to be representations and not warranties. We can contest
the validity of this policy and any coverage under it for
any material misrepresentation of fact. To do so, however,
the misrepresentation must be contained in the written
application and a copy of the application must be attached
to this policy when issued.
We cannot contest the validity of this policy after it has
been in force during the insureds' lifetimes for two years
from its Policy Date. If we contest this policy, the death
benefit will be limited to the Policy Value adjusted by the
following amounts:
a. we add any monthly deductions and any other fees and
charges made under this policy;
b. we subtract any debt owed us under this policy.
SUICIDE If, within two years from the Policy Date, any of the
insureds die by suicide, while sane or insane and while this
policy is in force, the amount of death benefit will be
limited to the Policy Value adjusted by the following
amounts:
a. we add any monthly deductions and any other fees and
charges made under this policy;
b. we subtract any debt owed us under this policy.
MISSTATEMENT OF If the age or sex of any of the insureds has been misstated,
AGE OR SEX any benefits payable under this policy will be adjusted to
reflect the correct ages and sexes as follows:
(A) For adjustments made prior to any of the insureds'
deaths, no change will be made to the then current cost
of insurance rates, but subsequent cost of insurance
rates will be adjusted to such rates that would apply
had this policy been issued based on the correct ages
and sexes.
(B) For adjustments made at the time of the first death, the
death benefit payable will be adjusted to reflect the
amount of coverage that would have been supported by the
most recent monthly deduction based on the then current
cost of insurance rate for the correct ages and sexes.
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ASSIGNMENTS Except as otherwise provided herein, any or all of the
rights in this policy may be assigned. We will not be
considered to have notice of any assignment until we receive
the original or copy of the assignment at our Variable and
Universal Life Administration. We are not responsible for
the validity of any assignment.
ANNUAL REPORTS We will annually send you a report showing for this policy:
a. the then current Policy Value, cash surrender value,
death benefit and face amount;
b. the premiums paid, and deductions and partial surrenders
made since the last report;
c. any outstanding debt;
d. an accounting of the change in Policy Value since the
last report; and
e. such additional information as required by applicable
law or regulation.
POLICY TERMINATION Upon the first death, all benefits then due and payable
UPON FIRST DEATH under this policy will be paid to the beneficiary. This
policy shall then terminate and thereafter have no force or
effect.
TRANSACTION RULES Requests for transactions involving sub-accounts will
usually be processed within seven days after we receive the
written request at our Variable and Universal Life
Administration. However, we may at our discretion postpone
the payment of any variable death benefit in excess of the
initial face amount, any policy loans, partial withdrawals,
surrenders or transfers:
(A) for up to six months from the date of request, if
dependent upon the value of the Guaranteed Interest
Account;
(B) otherwise we may postpone transactions, for any period
during which the New York Stock Exchange is closed for
trading (except for normal holiday closing) or when the
Securities and Exchange Commission has determined that a
state of emergency exists which may make processing such
transactions impractical.
If we delay payment of any partial or full surrender for 30
days or more, we will pay interest at a rate guaranteed to
be at least equal to 4.5%.
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PART 3: RIGHTS OF OWNER
WHO IS THE OWNER The owner is the person named as owner in the application,
unless later changed as provided in this policy. If no
other person is named as owner, then the insureds shall be
joint owners, with rights of survivorship as regards any
post-first death elections as may be permitted by rider. If
you, the owner, are not one of the insureds and you die
before any of the insureds, ownership rights in this policy
will pass to the successive owner if one has been named,
except that if joint owners are designated, this policy
would remain with the surviving joint owners until death of
the survivors unless otherwise provided. If more than one
person is named as owner, they must act jointly unless you
and we agree otherwise.
WHAT ARE THE RIGHTS You control this policy until the first death but not until
OF THE OWNER this policy begins in force. Unless you and we agree
otherwise, you may exercise all rights provided under this
policy without the consent of anyone else. These rights
include the right to:
a. Receive any amounts payable under this policy before the
first death.
b. Change the owner or the interest of any owner.
c. Change the planned premium payment amount and frequency.
See Part 4.
d. Change the sub-account allocation schedule for premium
payments and monthly deductions. See Part 4.
e. Transfer amounts between and among sub-accounts. See
Part 6.
f. Obtain policy loans. See Part 6.
g. Obtain a partial surrender. See Part 6.
h. Surrender this policy for its cash surrender value. See
Part 6.
i. Select a payment option for any cash surrender value
that becomes payable. See Part 6.
j. Request changes in the insurance amount. See Parts 6
and 7.
k. Change the death benefit option. See Part 7.
l. Change the beneficiary of the death benefit. See Part
7.
m. Assign, release, or surrender any interest in the
policy.
You may exercise these rights only until the first death.
Exercise of any of these rights will, to the extent thereof,
assign, release, or surrender the interest of the insureds
and all other beneficiaries and owners under this policy.
HOW TO CHANGE You may change the owner by written request, satisfactory to
THE OWNER us, filed at our Variable and Universal Life Administration.
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PART 4: PREMIUMS
PREMIUM ALLOCATION The issue premium as shown on the Schedule Page is due on
TO SUB-ACCOUNTS the Policy Date. All insureds must be alive when the issue
premium is paid. Thereafter, the amount and payment
frequency of planned premiums are as shown on the Schedule
Page unless later changed as described below. All premiums
are payable in advance at our Variable and Universal Life
Administration, except that the issue premium may be paid to
an authorized agent of ours for forwarding to our Variable
and Universal Life Administration. No benefit associated
with any premium shall be provided until it is actually
received by us at our Variable and Universal Life
Administration.
Any premiums received by us at our Variable and Universal
Life Administration will be reduced by the premium tax
charge stated on the Schedule Page. Such premiums will also
be reduced by the issue expense charge shown on the Schedule
Page to the extent that such premiums are sufficient to pay
such charge. Any unpaid balance of the issue expense charge
will be included as part of the monthly deduction described
below until fully paid.
Any premiums received by us at our Variable and Universal
Life Administration will be applied on the Payment Date to
the various sub-accounts based on the premium allocation
schedule elected in the application for this policy or as
later changed by you. Payments received by us during a grace
period will be reduced by the amount needed to cover any
monthly deductions during the grace period before being
applied to the various sub-accounts. You may change the
allocation schedule for premium payments by written notice
filed with us at our Variable and Universal Life
Administration. Allocations to each sub-account must be
expressed in whole percentages unless we agree otherwise.
The number of Units credited to each sub-account of the
Separate Account will be determined by dividing the premium
applied to that sub-account by the Unit value of that sub-
account on the Payment Date. The number of Units credited
to each sub-account is carried to 4 decimal places.
PREMIUM FLEXIBILITY Subject to the total premium limit described in the next
section and except for the issue premium, you may change the
amount and frequency of premium payments while this policy
is in force before the first death as follows:
a. You may increase or decrease the planned premium amount
or payment frequency at any time by written notice to
us. We reserve the right to limit increases to such
maximums as we may establish from time to time.
b. Additional premium payments may be made at any time.
c. Each premium payment made must at least equal $100 or,
if during a grace period, the amount needed to prevent
lapse of this policy. We reserve the right to reduce
this limit.
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TOTAL PREMIUM The total premium limit is shown on the Schedule Page and is
LIMIT applied to the sum of all premiums received by us for this
policy to date, reduced by the sum of all partial surrender
amounts paid by us to date. If the total premium limit is
exceeded, we will pay you the excess, with interest at an
annual rate of not less than 4%, not later than 60 days
after the end of the Policy Year in which the limit was
exceeded. The Policy Value will be adjusted to reflect such
refund. The amount to be taken from each sub-account will
be allocated in the same manner as provided for monthly
deductions unless you in writing request another allocation.
The total premium limit may be exceeded if additional
premium is needed to prevent lapse under the grace period
and lapse provision.
The total premium limit may change due to:
a. a partial surrender, expiry, or decrease in face amount;
b. addition, cancellation, expiry, or change of a rider;
c. a change in federal tax laws or regulations; or
d. a change of death benefit option.
If the total premium limit changes, we will send you a
Revised Schedule Page reflecting the change. However, we
reserve the right to require that this policy be returned to
us so that we may endorse the change.
GRACE PERIOD AND If on any Monthly Calculation Day during the first Policy
LAPSE Year the Policy Value is less than the required monthly
deduction, a grace period of 61 days will be allowed for the
payment of an amount equal to three times the required
monthly deduction. If on any Monthly Calculation Day during
any subsequent Policy Year the cash surrender value is less
than the required monthly deduction, a grace period of 61
days will be allowed for the payment of an amount such that
the Cash Surrender Value is equal to three times the
required monthly deduction. This policy will continue in
force during any such grace period. We will mail a written
notice to you and any assigns at the post office addresses
last known to us as to the amount of premium required. If
such premium is not paid to us by the end of the grace
period this policy will lapse without value, but not before
30 days have elapsed since we mailed our written notice to
you. The "date of lapse" will be the Monthly Calculation
Day on which the deduction was to be made, and any insurance
and rider benefits provided under this policy will terminate
as of that date.
POLICY VALUE The Policy Value is the sum of the shares of this policy in
the value, if any, of each sub-account of the Separate
Account and the value of this policy's Guaranteed Interest
Account. See Part 5 for an explanation as to how this
policy's share in the value of each sub-account of the
Separate Account is determined and for a description of the
Guaranteed Interest Account.
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MONTHLY DEDUCTION A deduction is made each Policy Month from the Policy Value
(excluding the value of the loaned portion of the Guaranteed
Interest Account) to pay:
(a) the cost of insurance provided under this policy;
(a) any flat extra mortality charges;
(c) the cost of any rider benefits provided,-
(d) any unpaid balance of the issue expense charge; and
(e) an administrative charge as shown on the Schedule Page.
The administrative charge may vary but in no event will
exceed the maximum amount shown on the Schedule Page.
We will send you a written notice of any change at least
30 days in advance of such change.
Deductions are made on each Monthly Calculation Day. If the
Monthly Calculation Day is not a Valuation Date, the monthly
deduction for that Policy Month will be made on the next
Valuation Date.
You may request in the application for this policy that
monthly deductions not be taken from certain specified sub-
accounts. Such a request may later be changed by notifying
us in writing but only with respect to future monthly
deductions. Monthly deductions will be taken from this
policy's share of the remaining sub-accounts exclusive of
the loaned portion of the Guaranteed Interest Account, on a
proportionate basis. In the event this policy's share in
the value of such sub-accounts is not sufficient to permit
the withdrawal of the full monthly deduction, the remainder
will be taken on a proportionate basis from this policy's
share of each of the other sub-accounts exclusive of the
loaned portion of the Guaranteed Interest Account. The
number of Units deducted from each sub-account of the
Separate Account will be determined by dividing the
portion of the monthly deduction allocated to each such sub-
account by the Unit value of that sub-account on the Monthly
Calculation Day.
Each monthly deduction will pay the cost of insurance from
the Monthly Calculation Day on which the deduction is made
up to but not including the next Monthly Calculation Day.
The cost of insurance is equal to the cost of insurance rate
for the current Policy Month divided by 1000 and then
multiplied by the result of:
(a) the death benefit on the Monthly Calculation Day; minus
(b) the Policy Value on the Monthly Calculation Day.
The cost of insurance rate for the current Policy Month is
based on the insureds' attained ages and risk
classifications. The rate used in computing the cost of
insurance is obtained from the Table of Guaranteed Maximum
Cost of Insurance Rates on the Schedule Page for the risk
classifications shown, or such lower rate as we may declare.
Any change we make in the declared cost of insurance rates
will be uniform by class and based on our future mortality,
expense and lapse expectations. The declared cost of
insurance rates for any of the insureds will not be affected
by changes in any of the insureds' health or occupation.
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PART 5: THE ACCOUNTS
GUARANTEED INTEREST Assets under this policy, may be allocated either to the
ACCOUNT Guaranteed Interest Account or to any of the sub-accounts of
the Separate Account to support the operation of the
Separate Account.
The Guaranteed Interest Account is not part of the Separate
Account. It is accounted for as part of our General Account.
We reserve the right to limit cumulative deposits, including
transfers, to the unloaned portion of the Guaranteed
Interest Account during any one-week period to no more than
$250,000. We will credit interest daily on the amounts
allocated under this policy to the Guaranteed Interest
Account. The loaned portion of the Guaranteed Interest
Account will be credited interest at an effective annual
fixed rate of 6%. We will credit interest on the unloaned
portion of the Guaranteed Interest Account at such rates as
we shall determine but in no event will the effective annual
rate of interest on such portion be less than 4%.
At least once each month we will determine the interest rate
that will apply to any premium or transferred amounts
deposited to the unloaned portion of the Guaranteed Interest
Account. That rate will remain in effect for such deposits,
for an initial guarantee period of one full year. Upon
expiry of the initial one-year guarantee period, and each
subsequent one-year guarantee period thereafter, the rate
applicable for any deposits in the unloaned portion of the
Guaranteed Interest Account whose guarantee period has just
ended shall be the same rate that applies at that time to
new deposits to such sub-account. Such rate shall likewise
remain in effect for such deposits for a subsequent
guarantee period of one full year.
All transfers, partial surrenders, and deductions from the
unloaned portion of the Guaranteed Interest Account will be
assessed on a Last-In, First-Out basis based on the date the
deposit was initially made to the unloaned portion of such
sub-account.
At the end of each Policy Year and at the time of any debt
repayment, interest credited to the loaned portion of the
Guaranteed Interest Account will be transferred to the
unloaned portion of the Guaranteed Interest Account.
We reserve the right to add other Guaranteed Interest
Accounts, subject, where required, to approval by the
insurance supervisory official of the state where this
policy is delivered.
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SEPARATE ACCOUNT The Separate Account has been established by us as a
Separate Account pursuant to New York law and is registered
as a Unit investment trust under the Investment Company Act
of 1940 (1940 Act). Income and realized and unrealized gains
and losses from assets in the Separate Account are credited
to or charged against it without regard to our other income,
gains or losses. We own the Separate Account assets and they
are kept separate from the assets of our General Account.
Separate Account assets will be valued on each Valuation
Date. The portion of the Separate Account equal to reserves
and liabilities for policies supported by the Separate
Account will not be charged with any liabilities arising out
of our other business. We reserve the right to use assets of
the Separate Account in excess of these reserves and
liabilities for any purpose.
The Separate Account has several sub-accounts available
under this policy as shown on the Schedule Page. We have the
right to add additional sub-accounts of the Separate Account
subject to approval by the Securities and Exchange
Commission and, where required, by the insurance supervisory
official of the state where this policy is delivered. We use
the assets of the Separate Account to buy shares of the Fund
identified on the Schedule Page according to your allocation
instructions. The Fund is registered under the 1940 Act as
an open-end, diversified management investment company. The
Fund has separate Portfolios that correspond to the sub-
accounts of the Separate Account Assets of each such sub-
account are invested in shares of the corresponding Fund
Portfolio.
A Portfolio of the Fund might make a material change in its
investment policy. If that occurs, you will be notified of
the change. In addition, no change will be made in the
investment policy of any of the sub-accounts of the Separate
Account without approval of the appropriate insurance
supervisory official of our domiciliary state of New York.
The approval process is on file with the insurance
supervisory official of the state where this policy is
delivered.
If, in our judgment, a Portfolio of the Fund becomes
unsuitable for investment by a sub-account of the Separate
Account for any reason, we may substitute shares of another
Portfolio of the Fund or shares of another mutual fund. Any
such change will be subject to approval by the Securities
and Exchange Commission and, where required, by the
insurance supervisory official of the state where this
policy is delivered.
VOTING RIGHTS Although we are the legal owner of the Fund shares, we will
vote the shares at regular and special meetings of the
shareholders of the Fund in accordance with instructions
received from you and the other owners of the policies. Any
shares held by us will be voted in the same proportion as
voted by you and the other owners of the policies. However,
we reserve the right to vote the shares of the Fund without
direction from you if there is a change in the law which
would permit this to be done.
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SHARE OF SEPARATE The share of this policy in the value of each sub-account of
ACCOUNT SUB-ACCOUNT the Separate Account on a Valuation Date is the Unit value
VALUES of that sub-account on that day multiplied by the number of
this policy's Units in that sub-account after all
transactions for the Valuation Period ending on that day
have been processed.
For any day which does not fall on a Valuation Date, the
share of this policy in the value of each sub-account of the
Separate Account is determined using the number of Units on
that day after all transactions for that day have been
processed and the Unit values on the next Valuation Date.
UNIT VALUE The Unit value of each sub-account of the Separate Account
was set by us on the first Valuation Date of each such sub-
account. The Unit value of a sub-account of the Separate
Account on any other Valuation Date is determined by
multiplying the Unit value of that sub-account on the just
prior Valuation Date by the Net Investment Factor for that
sub-account for the then current Valuation Period. The Unit
value of each sub-account of the Separate Account on a day
other than a Valuation Date is the Unit value on the next
Valuation Date. Unit values are carried to 6 decimal
places. The Unit value of each sub-account of the Separate
Account on a Valuation Date is determined at the end of that
day.
NET INVESTMENT The Net Investment Factor for each sub-account of the
FACTOR Separate Account is determined by the investment performance
of the assets held by the sub-account during the Valuation
Period. Each valuation will follow applicable law and
accepted procedures. The Net Investment Factor is equal to
item (D) below subtracted from the result of dividing the
sum of items (A) and (B) by item (C) as defined below.
(A) The value of the assets in the sub-account on the
current Valuation Date, including accrued net investment
income and realized and unrealized capital gains and
losses, but excluding the net value of any transactions
during the current Valuation Period.
(B) The amount of any dividend (or, if applicable, any
capital gain distribution) received by the sub-account
if the "ex-dividend" date for shares of the Fund occurs
during the current Valuation Period.
(C) The value of the assets in the sub-account as of the
just prior Valuation Date, including accrued net
investment income and realized and unrealized capital
gains and losses, and including the net value of all
transactions during the valuation period ending on that
date.
(D) The sum of the following daily charges as shown on the
Schedule Page, multiplied by the number of days in the
current Valuation Period:
1. the mortality and expense risk charge;
2. the daily administrative fee; and
3. the charge, if any, for taxes and reserves for taxes on
investment income, and realized and unrealized capital
gains.
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PART 6: LIFETIME BENEFITS
TRANSFERS You may transfer this policy's value among each sub-account
of the Separate Account and the unloaned portion of the
Guaranteed Interest Account. Unless we agree otherwise, you
may make only one transfer per Policy Year from the unloaned
portion of the Guaranteed Interest Account. The amount that
may be transferred from the unloaned portion of the
Guaranteed Interest Account at any one time cannot exceed
the higher of $1000 or 25% of the value of this policy in
the unloaned portion of that sub-account.
We further reserve the right to require that such transfers
be made by written request. We further reserve the right to
permit transfers of less than $500 only if the entire
balance in the sub-account is transferred. A transfer
charge will be imposed in such amount as stated on the
Schedule Page. Any such charge will be deducted from the
sub-accounts from which the amounts are to be transferred in
the same proportion as the amounts to be transferred to
each sub-account bear to the total amount transferred. We
reserve the right to prohibit a transfer to any sub-account
where the resultant value of this policy's share in that
sub-account immediately after the transfer would be less
than $500. We further reserve the right to require that the
entire balance of a sub-account be transferred if the share
of this policy in the value of that sub-account would,
immediately after the transfer, be less than $500.
LOANS While this policy is in force, a loan may be obtained
against this policy in any amount up to the available loan
value. The taking of a loan under this policy in accordance
with this loan provision shall operate to assign this policy
as collateral security for such loan. We need no other
collateral. We reserve the right not to allow loans of less
than $500 unless the loans are to pay premiums on another
policy issued by us. The loan value is 90% of the result of
subtracting the then remaining surrender charge from the
then Policy Value. The "available loan value" is the loan
value on the current day less any outstanding debt.
The amount of the loan will be added to the loaned portion
of the Guaranteed Interest Account and subtracted from this
policy's share of the sub-accounts based on the allocation
you request at the time of the loan. The total reduction
will equal the amount added to the loaned portion of the
Guaranteed Interest Account. Unless we agree otherwise,
allocations to each sub-account must be expressed in whole
percentages. If no allocation request is made, the amount
subtracted from the share of each sub-account will be
determined in the same manner as provided for monthly
deductions.
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Debt may be repaid at any time while all of the insureds are
alive and while this policy is in force. Such repayment, in
excess of any outstanding accrued loan interest, will be
applied to reduce the loaned portion of the Guaranteed
Interest Account and will be added to this policy's share of
the sub-accounts based on the allocation you request upon
repayment. If no allocation request is made, we will use
your most recent premium allocation schedule on file with
us. Any debt repayment received by us during a grace period
as described in Part 4 will be reduced to cover any overdue
monthly deductions and only the balance applied to reduce
the debt.
While there is any outstanding debt against this policy, any
payments received by us for this policy will be applied
directly to reduce the debt unless specified as a premium
payment. Until the debt is fully repaid, additional debt
repayments may be made at any time while all of the insureds
are alive and while this policy is in force.
Failure to repay a policy loan or to pay loan interest will
not terminate this policy except as otherwise provided under
Grace Period and Lapse in Part 4 when the policy does not
have sufficient remaining value to pay the monthly
deductions, in which event, that grace period provision will
apply.
LOAN INTEREST Loans will bear interest at an effective annual rate equal
to the loan interest rate shown on the Schedule Page and
will be compounded daily. Interest will accrue on a daily
basis from the date of the loan and is included as part of
the debt under this policy. Loan interest will be due on
each Policy Anniversary. If not paid when due, the
outstanding accrued interest on that date will be charged as
a loan against this policy.
CASH SURRENDER The cash surrender value of this policy is the Policy Value
VALUE as defined in Part 4 less any applicable surrender charge on
the date of surrender as stated on the Schedule Page and
less any debt.
FULL SURRENDER You may fully surrender this policy for its cash surrender
value by returning this policy to us at our Variable and
Universal Life Administration along with a written release
and surrender of all claims under this policy signed by you
and any assigns. You may do this at any time while all of
the insureds are alive and while this policy is in force.
The written surrender must be in a form satisfactory to us
and must include such tax withholding information as we may
reasonably require. The surrender will be effective on the
"date of surrender" which is the later of the dates on which
we receive the returned policy and the written surrender.
Upon full surrender all insurance and any rider benefits
provided under this policy will terminate. You may direct
that we apply the surrender proceeds under any of the
Payment Options described in Part 8.
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PARTIAL SURRENDER You may obtain a partial surrender of this policy by
requesting that a part of this policy's cash surrender value
be paid to you. You may do this at any time while all of
the insureds are alive and while this policy is in force
with a written request signed by you and any assigns. We
reserve the right to require that this policy first be
returned to us before payment is made. A partial surrender
will be effective on the date we receive the written request
or, if required, the date we receive this policy if later.
You may direct that we apply the surrender proceeds under
any of the Payment Options described in Part 8.
A partial surrender will be denied if the resultant cash
surrender value would be less than or equal to zero. We
reserve the right not to allow partial surrenders if the
resulting death benefit would be less than $25,000 or if the
amount of the partial surrender is less than $500. We
further reserve the right to require that the entire balance
of a sub-account be surrendered and withdrawn if the share
of this policy in the value of that sub-account would,
immediately af ter a partial surrender, be less than $500.
Upon a partial surrender, the Policy Value will be reduced
by the sum of the following:
(A) The partial surrender amount paid. This amount comes
from a reduction in this policy's share in the value of
each sub-account based on the allocation you request at
the time of the partial surrender. If no allocation
request is made, the assessment to each sub-account will
be made in the same manner as provided for monthly
deductions.
(B) The partial surrender fee. The fee is the lesser of $25
and 2% of the partial surrender amount paid. The
assessment to each sub-account will be made in the same
manner as provided for the partial surrender amount
paid.
(C) A partial surrender charge. This charge is equal to a
pro-rata portion of the applicable surrender charge that
would apply to a full surrender. This charge is
determined as follows:
Partial Surrender Charge = SC x PS
-------
PV - SC
Where SC = applicable surrender charge
PS = Partial surrender amount
PV = Policy Value
The cash surrender value will be reduced by the partial
surrender amount plus the partial surrender fee. The face
amount of this policy will be reduced by the same amount as
the policy value is reduced as described above. We will
send you revised schedule pages reflecting this change.
V601
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<PAGE>
POLICY MATURITY Unless the policy has already terminated, it will mature on
its Maturity Date. Upon written request we will pay you the
cash surrender value on that date in one sum, or you may
direct that we apply the cash surrender value under any of
the various payment options described in Part 8 subject to
the conditions stated in that part.
The issue premium together with any additional premium
payments might not continue the policy in force until the
Maturity Date, even if such premiums are paid and no further
changes take place. The period for which the policy will
continue will depend on the following:
(A) the amount of the issue premium, and the timing and
amount of any additional premium payments;
(B) changes in the cost of insurance rates;
(C) the investment experience of the sub-accounts of the
Separate Account;
(D) any policy loans or partial surrenders made.
ADDITIONAL While this policy is in force, while all of the insureds are
INSURANCE OPTIONS alive and subject to the terms of this provision including
our receipt of evidence satisfactory to us of all of the
insureds' then insurability, you have the option to purchase
additional insurance on the same insureds under the same
plan of insurance as this policy without our assessment of
any issue expense charge under the new policy. Except for
our waiver of the issue expense charge, the new policy will
be based on the same guaranteed rates and charges as are in
effect for this plan on the Policy Date of this policy as
adjusted for the insureds' new attained ages and changes, if
any, in risk classifications. The new policy will only
include such rider benefits as we may agree based on our
rules and practices in effect on the Policy Date of the new
policy. The amount of insurance under the new policy, when
added to all other insurance with our company on the lives
of any of the insureds, cannot exceed our total insurance
amount limitations in effect on the Policy Date of the new
policy.
To elect this option, you must file a written application
with our Variable and Universal Life Administration. It
must be signed by you and all of the insureds. We must also
receive:
(A) Evidence that you have a satisfactory insurable interest
in the lives of the insureds.
(B) Evidence, satisfactory to us, that all of the insureds
are then insurable under our established practice in the
selection of risks for this plan of insurance, including
the new amount applied for and rider benefits requested.
Selection of risks includes health and non-health
factors.
V601
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<PAGE>
(C) Payment, while all of the insureds are alive, of the
full issue premium for the new policy. The payment must
equal or exceed our minimum issue premium requirements
in effect for this plan on the Policy Date of the new
policy.
Any exclusions applicable to the new policy will be
determined in accordance with our rules and practices in
effect on the Policy Date of the new policy. The new policy
will not be subject to any assignments or liens against this
policy. The owner and the beneficiary under the new policy
shall be as requested in the application for the new policy.
Any subsequent changes will be governed by the printed
provisions of the new policy.
The new policy will begin in effect as of the later of:
a. our approval of the application for the new policy;
b. payment of the full issue premium due on the new policy.
The Policy Date of the new policy will be as shown on the
schedule pages of the new policy based on our rules and
practices then in effect. The time periods for the suicide
and contestability provisions in the new policy will be
measured from the Policy Date of the new policy.
PART 7: DEATH BENEFITS
HOW THE DEATH While this policy is in effect but prior to the Policy
BENEFIT IS Anniversary nearest the oldest insured's 65th birthday, you
DETERMINED have the right to elect either of two death benefit options
as described below. The death benefit option shall be as
elected in the original application unless later changed as
provided below. If no option is elected, Death Benefit
Option 1 shall apply.
DEATH BENEFIT Under this option the death benefit is equal to the greater
OPTION 1 of (a) and (b) as defined below.
a. the policy's face amount on the date of the first death.
b. the minimum death benefit on the date of the first death
as described below.
DEATH BENEFIT Under this option the death benefit is equal to the greater
OPTION 2 of (a) and (b) as defined below:
a. the policy's face amount on the date of the first death
plus the Policy Value.
b. the minimum death benefit on the date of the first death
as described below.
Under Death Benefit Option 2, on the later of the tenth
Policy Anniversary and the Policy Anniversary nearest the
oldest insured's 65th birthday, the face amount will be
increased by an amount equal to the Policy Value. From that
date on, the death benefit will be equal to the greater of
the face amount and the minimum death benefit as defined
below.
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<PAGE>
HOW TO CHANGE THE Prior to the later of the tenth Policy Anniversary and the
DEATH BENEFIT Policy Anniversary nearest the oldest insured's 65th
OPTION birthday you may request in writing that the Death Benefit
Option be changed from Option 1 to Option 2, or from Option
2 to Option 1. No evidence of insurability is required. If
the request is to change from Option 1 to Option 2, the face
amount will be decreased by the Policy Value; if the request
is to change from Option 2 to Option 1, the face amount will
be increased by the Policy Value. Any such change will be
in effect on the Monthly Calculation Day coincident with or
next following the day we approve the request.
MINIMUM DEATH The minimum death benefit is the Policy Value on the date of
BENEFIT the first death increased by the applicable percentage from
the table below, based on the youngest insured's attained
age at the beginning of the Policy Year in which the first
death occurs.
Att'd Att'd Att'd Att'd
Age Pct. Age Pct. Age Pct. Age Pct.
--- --- --- --- --- --- --- ---
Under 40 150% 53 64% 67 18% 81 5%
40 150 54 57 68 17 82 5
41 143 55 50 69 16 83 5
42 136 56 46 70 15 84 5
43 129 57 42 71 13 85 5
44 122 58 38 72 11 86 5
45 115 59 34 73 9 87 5
46 109 60 30 74 7 88 5
47 103 61 28 75 5 89 5
48 97 62 26 76 5 90 5
49 91 63 24 77 5 91 4
50 85 64 22 78 5 92 3
51 78 65 20 79 5 93 2
52 71 66 19 80 5 94 1
REQUESTS FOR A You may request a decrease in face amount at any time
DECREASE IN FACE after the first Policy Year. Unless we agree
AMOUNT otherwise, the decrease requested must at least equal
$10,000 and the face amount remaining after the decrease
must at least equal $25,000. All requests to decrease the
face amount must be in writing and will be effective on the
first Monthly Calculation Day following the date we approve
the request. We reserve the right to require that this
policy first be returned to us before the decrease is made.
Upon a decrease in face amount, a partial surrender charge
will be deducted from the Policy Value based on the amount
of the decrease. The charge will equal the applicable
surrender charge that would then apply to a full surrender
multiplied by the result of dividing the decrease in face
amount by the face amount of the policy before the decrease.
The cash surrender value is not changed. We will send you a
Revised Schedule Page reflecting the change in face amount.
V601
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<PAGE>
DEATH PROCEEDS Upon receipt of due proof at our Variable and Universal Life
Administration of the first death of an insured while this
policy is in force, we will pay the death proceeds of this
policy. The death proceeds equal the death benefit on the
date of the first death, with the following adjustments:
(A) We will deduct any debt outstanding against this policy.
(B) We will deduct any monthly deductions to and including
the Policy Month of the first death not already made.
(C) If the Death Benefit Option is 1 we will add any
premiums received by us after the Monthly Calculation
Day just prior to the date of the first death and on or
before the date of the first death.
(D) If the Death Benefit Option is 1, we will deduct any
partial surrenders made after the date of the first
death.
INTEREST ON DEATH We will pay interest on any death proceeds from the date of
PROCEEDS the first death to the date of payment. The amount of
interest will be the same as would be paid were the death
proceeds left for that period of time to earn interest under
Payment Option 2.
THE BENEFICIARY Unless another payment option is elected as described in
Part 8, any death proceeds that become payable will be paid
in equal shares to such beneficiaries living at the first
death as stated in the application for this policy or as
later changed. Payments will be made successively in the
following order:
a. Primary beneficiaries.
b. Contingent beneficiaries, if any, provided contingent
beneficiary is living at the first death.
c. You or your executor or administrator, provided no
primary or contingent beneficiary is living at the first
death.
30 DAY SURVIVAL The notation on any signed beneficiary designation that this
CLAUSE 30-day clause shall apply will, for purposes of
administering the beneficiary provisions of this policy,
mean that such beneficiary(ies) shall be considered living
at the first death only if they survive such death by at
least 30 days.
HOW TO CHANGE You may change the beneficiary under this policy by written
THE BENEFICIARY notice signed by you and filed with us at our Variable and
Universal Life Administration. When we receive it, the
change will relate back and take effect as of the date it
was signed. However, the change will be subject to any
payments made or actions taken by us before we received the
notice at our Variable and Universal Life Administration.
V601
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<PAGE>
PART 8: PAYMENT OPTIONS
WHO MAY ELECT The proceeds of this policy will be paid in one sum unless
PAYMENT OPTIONS otherwise provided. As an alternative to payment in one sum
as provided under Payment Option 1 below, any surrender or
death proceeds that become payable under this policy may be
applied under one or more of the alternative income payment
options as described in this part or such other payment
options as may then be currently available for the policy.
Our consent is required for the election of an income
payment option by a fiduciary or any entity other than a
natural person. Our consent is also required for elections
by any assigns or an owner other than one of the insureds if
the owner has been changed.
You may designate or change one or more beneficiaries who
will be the payee or payees under the option elected. You
may only do this before the first death. For death
proceeds, if no election is in effect when the death benefit
becomes payable, the beneficiary may elect a payment option.
Unless we agree otherwise, all payments under any option
chosen will be made to the designated payee or to his
executor or administrator. We may require proof of age of
any payee or payees on whose life payments depend as well as
proof of the continued survival of any such payee(s).
HOW TO ELECT A The election of an income payment option must be in a
PAYMENT OPTION written form satisfactory to us. Payments may be made on an
annual, semi-annual, quarterly or monthly basis provided
that each installment will at least equal $25. We also
require that at least $1,000 be applied under any income
option chosen.
PAYMENT OPTIONS This section provides a brief description of the various
payment options that are available. In Part 9 you will find
tables illustrating the guaranteed installment amount
provided by several of the options described in this
section. The amounts shown for Option 4, Option 5, and
Option 7 are the minimum monthly payments for each $1,000
applied. The actual payments will be based on the monthly
payment rates we are using when the first payment is due.
They will not be less than shown in the tables.
Option 1 - Payment in one sum
Option 2 - Left to earn interest.
We pay interest during the payee's lifetime on
the amount left with us under this option as a
principal sum. We guarantee under this option to
provide interest at a rate of at least 3% per
year.
V601
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<PAGE>
Option 3 - Payments for a specified period.
Equal income installments are paid for a
specified period of years whether the payee lives
or dies. The first payment will be on the date
of settlement.
The Option 3 Table shows the guaranteed amount of
each installment for monthly and annual payment
frequencies. The table assumes an interest rate
of 3% per year on the unpaid balance. The actual
interest rate is guaranteed to be not less than
this minimum rate.
Option 4 - Life annuity with specified period certain
Equal installments are paid until the later of:
(A) The death of the payee.
(B) The end of the period certain.
The first payment will be on the date of
settlement. The period certain must be
chosen at the time this option is elected.
The periods certain that may be chosen are
as follows:
(A) Ten years.
(B) Twenty years.
(C) Until the installments paid refund the
amount applied under this option. If the
payee is not living when the final payment
falls due, that payment will be limited to
the amount that needs to be added to the
payments already made to equal the amount
applied under this option.
If, for the age of the payee, a period certain is
chosen that is shorter than another period
certain paying the same installment amount, we
will deem the longer period certain as having
been elected.
The life annuity provided under this option is
calculated using an interest rate of 3 3/8%,
except that any life annuity providing a period
certain of twenty years or more is calculated
using an interest rate of 3 1/4%.
Option 5 - Life Annuity
Equal installments are paid only during the
lifetime of the payee. The first payment will be
on the date of settlement. Any life annuity as
may be provided under this option is calculated
using an interest rate of 3 1/2%.
V601
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<PAGE>
Option 6 - Payments of a Specified Amount
Equal installments of a specified amount, out of
the principal sum and interest on that sum, are
paid until the principal sum remaining is less
than the amount of the installment. When that
happens, the principal sum remaining with accrued
interest will be paid as a final payment. The
first payment will be on the date of settlement.
The payments will include interest on the
principal sum remaining at a rate guaranteed to
at least equal 3% per year. This interest will
be credited at the end of each year. If the
amount of interest credited at the end of a year
exceeds the income payments made in the last 12
months, that excess will be paid in one sum on
the date credited.
Option 7- Joint survivorship annuity with 10-year period
certain
The first payment will be on the date of
settlement. Equal income installments are paid
until the latest of:
(A) The end of the 10-year period certain.
(B) The death of the payee.
(C) The death of the other named annuitant.
The other annuitant must be named at the time
this option is elected and cannot later be
changed. That annuitant must have an adjusted
age as defined in Part 9 of at least 40.
The joint survivorship annuity provided under
this option is calculated by using an interest
rate of 3 3/8%.
Option 8 - Variable Payout Life Annuity with 10-year Period
Certain
Variable payout monthly payments are paid during
the lifetime of the annuitant, or, if later, the
end of the 10-year period certain starting with
the date the first payment is due. The first
monthly income payment will be on the date of
settlement. Future payments will be due on the
same day of the month as the first payment is
due, or if such date does not fall within a month
then the first Valuation Date to occur in the
following month.
Calculation of Variable Income Payments
The Variable Income Table in Part 9 shows the
minimum amount of the first monthly payment for
each $1,000 applied. The minimum first payments
shown are based on the 1983 Annuity Table
projected to the year 2000 with Projection Scale
G. and with projection Scale G thereafter, and an
effective annual interest rate of 4 1/2%. The
actual payments will be based on the monthly
payment rates we are using when the first payment
is due. They will not be less than shown in the
table.
V601
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<PAGE>
In determining the first payment, the amounts
held under this option in each sub-account of the
Separate Account are multiplied by the rates we
are using for this option on the first Payment
Calculation Date. The first payment equals the
total of such figures determined for each sub-
account.
Future payments are measured by Annuity Units and
are determined by multiplying the Annuity Units
in each sub-account with assets under this option
by the Annuity Unit Value for each sub-account on
the Payment Calculation Date that applies. The
payment will equal the sum of the amounts
provided by each such sub-account. These payments
will vary with the investment experience of the
sub-accounts of the Separate Account and may be
either higher or lower than the first payment.
Annuity Units
The number of Annuity Units in each sub-account
with assets under this option is equal to the
portion of the first payment provided by that
sub-account divided by the Annuity Unit Value for
that sub-account on the first Payment Calculation
Date.
Annuity Unit Value
All Annuity Unit Values in each sub-account of
the Separate Account were set at $1.000000 on the
first Valuation Date selected by us. The value
on any date thereafter is equal to (a) the Net
Investment Factor for that sub-account for the
Valuation Period divided by (b) the sum of
1.000000 and the rate of interest for the number
of days in the Valuation Period, based on an
effective annual rate of interest equal to the
Assumed Investment Rate, and multiplied by (c)
the corresponding Annuity Unit Value on the
preceding Valuation Date.
Assumed Investment Rate
The Assumed Investment Rate of 4 1/2% per year is
the annual interest rate assumed in determining
the first payment. The amount of each subsequent
payment from each sub-account of the Separate
Account will depend on the relationship between
the Assumed Investment Rate and the actual
investment performance of that sub-account. If a
4 1/2% rate would result in a first variable
payment larger than that permitted under
applicable state law, we will select a lower rate
which will comply with that law.
Payment Calculation Date
Payments are calculated on a Payment Calculation
Date. That date is the earliest Valuation Date
which is not more than 10 days before the due
date of the payment.
Restrictions
No withdrawals, partial or full surrenders,
transfers, or additional premium payments may be
made as regards any assets held under this
option, except as may be otherwise agreed to by
us.
V601
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<PAGE>
Option 9 - Variable Payout Annuity for a Specified Period
Variable payout monthly income installments are
paid for a specified period of time, whether the
payee lives or dies. The period certain
specified must be in whole numbers of years from
5 to 30.
Payments will be made on the same basis as
described for variable income payments under
Option 8 except that:
1. payments will not extend beyond the
specified period, regardless of whether the
payee lives or dies; and
2. the minimum first payment will be based on
the Assumed Interest Rate of 4 1/2% and the
specified period (no annuity table will be
used).
Installment payments will vary with the investment
experience of the sub-accounts of the Separate Account
and may be either higher or lower than the first
installment.
We may offer other payment options or alternative versions
of the options listed in the above section.
ADDITIONAL INTEREST In addition to the interest of 3% per year guaranteed on the
AND ENHANCED RATES principal sum remaining with us under Options 2 or 6 and the
interest of 3% per year included in the installments payable
under Option 3, we will pay or credit at the end of each
year such additional interest as we may declare.
The amounts shown for Options 4, 5, and 7 are the minimum
monthly payments for each $1,000 applied. If the current
payment rates when the first payment is due would provide a
greater payment, we will use such current rate.
PART 9: TABLES OF PAYMENT OPTION AMOUNTS
The installment amounts shown in the tables that follow are
shown for each $1,000 applied, and except for Options 8 and
9 are the minimum monthly income amounts. Amounts for
payment frequencies, periods or ages not shown will be
furnished upon request. Under Options 4 and 5, the
installment amount for younger ages than shown will be the
same as for the first age shown and for older ages than
shown it will be the same amount as for the last age shown.
The term "age" as used in the tables refers to the adjusted
age. Under Options 4, 5 and 8, the adjusted age is defined
as follows:
(A) For surrender values, the age of the payee on the
payee's birthday nearest to the Policy Anniversary
nearest the date of surrender.
(B) For death proceeds, the age of the payee on the payee's
birthday nearest the effective date of the payment
option elected.
Under Option 7, the adjusted age is the age of the payee on
the birthday nearest to the policy anniversary nearest the
date of surrender.
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<PAGE>
OPTION 3 - PAYMENTS FOR A SPECIFIED PERIOD
<TABLE>
- ------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Number of Years 5 6 7 8 9 10 11 12 13
- ------------------------------------------------------------------------------------------------------------------
Annual Installment $ 211.99 179.22 155.83 138.31 124.69 113.82 104.93 97.54 91.29
- ------------------------------------------------------------------------------------------------------------------
Mo. Installment $ 17.91 15.14 13.16 11.68 10.53 9.61 8.86 8.24 7.71
- ------------------------------------------------------------------------------------------------------------------
- ------------------------------------------------------------------------------------------------------------------
Number of Years 14 15 16 17 18 19 20 25 30
- ------------------------------------------------------------------------------------------------------------------
Annual Installment $ 85.95 81.33 77.29 73.74 70.59 67.78 65.26 55.76 49.53
- ------------------------------------------------------------------------------------------------------------------
Mo. Installment $ 7.26 6.87 6.53 6.23 5.96 5.73 5.51 4.71 4.18
- ------------------------------------------------------------------------------------------------------------------
OPTION 4 - LIFE ANNUITY WITH SPECIFIED PERIOD CERTAIN
Age Installment Refund 10 Yrs. Certain 20 Yrs. Certain Age Installment Refund 10 Yrs. Certain 20 Yrs. Certain
--------------------------------------------------------- -------------------------------------------------------
Of Of
Payee Male Female Male Female Male Female Payee Male Female Male Female Male Female
- ------------------------------------------------------------------------------------------------------------------------------------
10 $3.08 $3.03 $3.08 $2.99 $3.00 $2.94 50 $4.36 $4.12 $4.50 $4.10 $4.28 $3.99
15 3.14 3.09 3.15 3.04 3.07 3.00 55 4.76 4.47 4.95 4.47 4.61 4.31
20 3.22 3.16 3.24 3.11 3.15 3.07 60 5.28 4.93 5.54 4.96 4.97 4.67
25 3.33 3.24 3.34 3.20 3.25 3.15 65 5.97 5.54 6.30 5.63 5.29 5.06
30 3.45 3.35 3.47 3.30 3.38 3.25 70 6.91 6.39 7.24 6.50 5.43 5.31
35 3.61 3.48 3.64 3.43 3.55 3.38 75 8.21 7.57 8.26 7.56 5.44 5.40
40 3.80 3.64 3.64 3.60 3.74 3.54 80 10.04 9.26 9.12 8.60 5.46 5.46
45 4.05 3.85 4.14 3.82 3.99 3.74 85 12.61 11.68 9.60 9.31 5.46 5.46
- ------------------------------------------------------------------------------------------------------------------------------------
</TABLE>
OPTION 5 - LIFE ANNUITY
- --------------------------------------------------------------------------------
Age Age
Of Of
Payee Male Female Payee Male Female
- --------------------------------------------------------------------------------
10 $3.17 $3.12 50 $4.62 $4.28
15 3.24 3.18 55 5.12 4.68
20 3.32 3.25 60 5.79 5.24
25 3.42 3.34 65 6.75 6.04
30 3.56 3.44 70 8.15 7.22
35 3.73 3.58 75 10.26 9.03
40 3.95 3.75 80 13.54 11.88
45 4.24 3.98 85 18.72 16.54
- --------------------------------------------------------------------------------
OPTION 7 - JOINT SURVIVORSHIP ANNUITY WITH 10-YEAR PERIOD CERTAIN
<TABLE>
<CAPTION>
- ------------------------------------------------------------------------------------------------------------------------------------
Age of Age of Insured Age of Age of Insured Age of Age of Insured Age of Age of Insured
Other --------------------- Other --------------------- Other -------------------- Other -------------------
Annuitant Annuitant Annuitant Annuitant
Male Male Female Female
F F M M
55 60 65 55 60 65 55 60 65 55 60 65
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
40 $3.62 $3.64 $3.65 60 $4.43 $4.64 $4.82 40 $3.72 $3.77 $3.80 60 $4.34 $4.64 $4.93
45 3.80 3.83 3.86 65 4.61 4.93 5.23 45 3.89 3.97 4.03 56 4.44 4.82 5.23
50 4.00 4.07 4.12 70 4.75 5.18 5.63 50 4.06 4.19 4.31 70 4.50 4.95 5.48
55 4.22 4.34 4.44 75 4.86 5.36 5.96 55 4.22 4.43 4.61 75 4.54 5.03 5.65
- ------------------------------------------------------------------------------------------------------------------------------------
</TABLE>
*OPTION 8 - VARIABLE PAYOUT LIFE ANNUITY
WITH 10-YEAR PERIOD CERTAIN
-------------------------------------------------------
Age
Of
Payee Male Female
-------------------------------------------------------
40 $4.31 $4.14
45 4.51 4.28
50 4.76 4.47
55 5.09 4.73
60 5.52 5.07
65 6.10 5.53
70 6.83 6.17
75 7.69 7.00
80 8.62 8.01
85 9.46 9.04
-------------------------------------------------------
*OPION 9 - VARIABLE PAYOUT ANNUITY
FOR A SPECIFIED PERIOD
----------------------------------------------------------------------
No. Annual Monthly No. Annual Monthly
Of Of
Years Installment Installment Years Installment Installment
----------------------------------------------------------------------
5 $217.98 $18.53 14 $93.61 $7.96
6 185.53 15.77 15 89.10 7.58
7 162.39 13.81 16 85.18 7.24
8 145.08 12.34 17 81.74 6.95
9 131.65 11.19 18 78.70 6.69
10 120.94 10.28 19 75.99 6.46
11 112.20 9.54 20 73.57 6.25
12 104.94 8.92 25 64.53 5.49
13 98.83 8.40 30 58.75 5.00
----------------------------------------------------------------------
*Minimum initial monthly income for each $1,000 applied. Payments after the
initial payment will depend on the investment experience of the sub-accounts and
may be more or less than the amounts shown.
V601
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<PAGE>
FLEXIBLE PREMIUM JOINT VARIABLE UNIVERSAL LIFE INSURANCE POLICY
INSURANCE PAYABLE AT FIRST DEATH
PREMIUMS PAYABLE UNTIL FIRST DEATH
The death benefit and other values provided under this policy are based on the
rates of interest credited on any amounts allocated to the Guaranteed Interest
Account and on the investment experience of the sub-accounts within our Separate
Account to which your premiums are allocated. Thus, the death benefit and other
values may increase or decrease in amount or duration. See Part 7 for a
description of how the death benefit is determined.
ELIGIBLE FOR ANNUAL DIVIDENDS
V601
<PAGE>
VARIABLE JOINT LIFE POLICY EXCHANGE OPTION RIDER
This rider is a part of the policy to which it is attached
if it is listed on the Schedule Pages of the policy or in an
Endorsement after that page. Except as stated in this rider,
it is subject to all of the provisions contained in the
policy.
JOINT LIFE POLICY The owner may exchange this policy (hereinafter "the
EXCHANGE OPTION original policy") for new policies, one on the life of each
insured (hereinafter "new policies"), without any additional
evidence of insurability, by filing an exchange application
at our Main Administrative Office.
HOW TO EXERCISE To exercise this option, you must file an exchange
THE OPTION application at our Main Administrative Office. It must be
signed by you. We must also receive:
a. The release of any lien against or assignment of
the original policy. However, you may instead
submit written approval by the lienholders or
assignees of the exchange of policies in a form
satisfactory to us with such other documents as
we may require.
b. The surrender and release of the original policy.
c. Payment of any amounts due to us for the exchange
as described in the Exchange Adjustments.
Unless otherwise provided in the exchange application, the
owner and the beneficiary of the new policies will be the
same as under the original policy. If the owner of any new
policy is different, we will require evidence of insurable
interest in the life insured under that new policy. The
application for the original policy shall be considered part
of the application for the new policies. The new policies
will be issued on the basis of the exchange application, the
application for the original policy and any evidence of
insurability submitted for issuance of the original policy
with respect to the life insured under that new policy.
The Date of Exchange will be the policy anniversary
following the later of:
a. our receipt of the exchange application;
b. payment of the Exchange Adjustments for all new
policies; and
c. our approval of insurable interest, if
applicable.
The new policies will take effect on the Date of Exchange.
When the new policies take effect, the original policy shall
terminate.
THE NEW POLICIES The Policy Date of the new policies shall be the Date of
Exchange. The limit on our right to contest the validity of
the new policy will operate from the Policy Date of the
original policy.
The issue ages of the respective insureds under the new
policies will be determined based upon their respective ages
nearest birthday as of the Date of Exchange.
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<PAGE>
The new policies will be written on any plan of variable
life insurance with a level face amount issued by us at the
time of the exchange. The new policies will be subject to
our published issue rules (e.g. age and amount limits) for
the plans chosen which are in effect at that time. The risk
classification and any exclusions applicable to the new
policies will be determined in accordance with our rules and
practices in effect on the original policy's Policy Date.
The rates for the new policies will be based on our
published rates in effect on the Date of Exchange, without
our assessment of any issue expense charges under the new
policies.
The face amount of each new policy will be chosen by the
owner, subject to the following limitation:
The sum of the face amounts of the new policies cannot
exceed the face amount of the original policy.
The policy value for the original policy will be applied as
premium to the new policies as directed by the owner, but
with the following condition. The cash surrender value of
each new policy net of surrender charge must be greater than
zero.
Any rider contained in the original policy or additional
riders may be included in the new policies only if we
consent. The new policies will conform to all of the
requirements of the jurisdiction in which they are issued
regardless of any terms of this rider providing to the
contrary.
EXCHANGE The exchange is subject to the following adjustments:
ADJUSTMENTS
1. If the policy value of the original policy is
insufficient to produce a positive cash surrender value
for each new policy, the owner must pay an Exchange
Adjustment in an amount that, when applied as premium,
will make the cash surrender value of each new policy
greater than zero.
2. The owner must pay an amount equal to the excess, if
any, of the surrender charge in effect on the original
policy over the sum of the surrender charges for the new
policies. All such surrender charges will be determined
as of the Exchange Date.
3. In some cases, the amount of policy value which may be
applied to the new policies may exceed the premiums
limit for the new policies. In that event, we will
return such excess policy value to you in cash.
4. The owner must pay a processing fee not to exceed $100.
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<PAGE>
RIDER CHARGES There are no monthly charges for this rider.
TERMINATION This rider will terminate on the earliest of:
THIS RIDER
a. termination of the original policy;
b. lapse or exchange of the original policy;
c. your written request to cancel this rider; and
d. death of an insured.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ S. Gilmore
Secretary Registrar
VR04
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<PAGE>
SURVIVOR INSURANCE PURCHASE
OPTION RIDER
This rider is part of the policy to which it is attached, if
it and its monthly charge are listed on the Schedule Page of
the policy or in an Endorsement after that page. Except as
stated in this rider, it is subject to all of the provisions
contained in the policy.
DEFINITIONS PURCHASE OPTION DATE is the date of death of the first of
the insureds to die provided that such death did not involve
a simultaneous death of insureds under the basic policy.
THE SURVIVING INSURED(S) are such insured(s) that are living
at the date of death of the first of the insureds to die
provided that such death did not involve a simultaneous
death of insureds under the basic policy.
SIMULTANEOUS DEATH means, for purposes of this rider, that
more than one insured died under the basic policy and we are
unable to determine on the basis of the proofs of death
furnished to us which of the insureds was the first to die.
DISABILITY RIDER means the Disability Benefit to Age 65
Rider.
YOU (YOUR) means the owner of this policy, as continued to
be administered, following the first death, in accordance
with the ownership provisions of this policy for the limited
purpose of permitting your exercise of such ownership rights
as are provided under this purchase option rider.
BENEFIT PAYABLE In the event of a simultaneous death, where the death
UPON SIMULTANEOUS proceeds payable under the basic policy were already
DEATH determined such that the first death was deemed to be such
of the deceased insured whose death would result in the
highest aggregate death benefit inclusive of any rider death
benefits provided, we will add a supplemental death benefit
under this rider. Such supplemental death benefit will
equal the same face amount as provided under the basic
policy and will include such additional rider death benefits
as would provide the next highest aggregate death benefit
for the deceased insured. No further purchase options,
interim coverage nor other benefits will be provided under
this rider and this rider will terminate without any further
value.
THE PURCHASE OPTION While this rider is in effect and subject to its terms, on
the Purchase Option Date not involving the simultaneous
death of insureds covered under the basic policy, you have
the option to purchase a new policy without evidence of
insurability on the life of any or all surviving insured(s).
Only one such new policy will be issued by us. The amount
of insurance that may be included as part of that policy
covering the life of a surviving insured is limited to the
total face amount of coverage, including any death benefits
provided by rider, in effect for that insured under the
original policy on the Purchase Option Date. Any such term
insurance coverage amount continued under the new policy
will be provided in the same rider form as under the
original policy, unless not available in rider form under
the new policy.
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HOW TO EXERCISE To exercise the purchase option, you must file a written
THE PURCHASE OPTION application with us and pay us the first full premium for
such additional insurance. The application and premium must
be received by us at our Main Administrative Office:
a. while the surviving insured(s) to be covered
under the new policy are alive; and
b. no later than 90 days after the Purchase Option
Date.
INTERIM INSURANCE For a period of 90 days after the Purchase Option Date, in
COVERAGE the event of the death of a surviving insured before
coverage begins under a new policy requested under this
option, we will pay a single interim death benefit under
this rider. Such interim death benefit will equal the same
face amount as provided under the basic policy and include
such additional rider death benefits on the life of that
insured as was in effect under this policy on the Purchase
Option Date. If more than one surviving insured dies during
that interim period, payment under this rider will be
limited to a single payment based on the first of such
surviving insureds to die. If we are unable to determine on
the basis of proofs of death furnished to us which of the
surviving insureds died first, such of the deceased insureds
whose death would produce the highest interim death benefit
amount payable under this rider will be considered the first
of the surviving insureds to die. No further benefits will
be payable under this rider and this rider will terminate
without any further value.
THE NEW POLICY Premiums under the new policy will be at our then current
rates for the same risk classification(s) as under this
policy for the surviving insured(s) to be covered under
the new policy. The new policy will be a Variable
Universal Life Policy if only one surviving insured is
to be provided additional insurance coverage, or a Joint
Variable Universal Life Policy if more than one insured is
to be provided additional insurance coverage. If you
would like, and we agree, we will substitute another
policy form in use by us at the time the option is
exercised.
The new policy will be issued on the policy form in use by
us at the time the option is exercised. It will be subject
to any limitations of risk contained in this policy. It
will not, however, be subject to any assignments or liens
against this policy. The limit on our right to contest the
validity of the new policy will operate from the Rider Date.
If this policy contains a Disability Rider on a surviving
insured to be covered under the new policy, the new policy
will contain the rider for that insured, whether or not the
insured is totally disabled as defined in that rider. If
the insured is totally disabled under the rider when the
purchase option is exercised, we will waive any requirement
of that rider that the disability occur after the new policy
took effect.
Except to the extent as provided above, our consent will be
required for the new policy to include any other disability
or any accidental death benefits.
MONTHLY RIDER The monthly charges for coverage provided under this rider
CHARGES are included in and part of the monthly deduction for the
policy. They are deducted on each Monthly Calculation Day
until coverage under this rider terminates.
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<PAGE>
TERMINATION OF Subject to your right to exercise a purchase option within
THIS RIDER 90 days after the option becomes available, this rider will
terminate on the earliest of:
a. Simultaneous Death under the policy;
b. the death of a surviving insured;
c. 90 days after the Purchase Option Date;
d. lapse or full surrender of the policy;
e. the Rider Termination Date as shown on the policy's
Schedule Page; or
f. our receipt on any Monthly Calculation Day of your
written request, along with the policy, to cancel
coverage under this rider.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ S. Gilmore
Secretary Registrar
VR03
3
<PAGE>
DISABILITY BENEFIT TO AGE 65 RIDER
This rider is part of the policy to which it is attached if
it and its monthly charge is listed on the Schedule Page of
the policy or in an endorsement after that page. You should
therefore review the policy's Schedule Page for
applicability. Except as otherwise stated below, this rider
is subject to all of the provisions contained in the policy.
INSURED
RIDER DATE OF ISSUE
Coverage under this rider will begin in effect on the Rider
Date shown above provided:
a. for a Rider Date that occurs during the first policy
year, the policy value on the Rider Date at least equals
the full monthly deduction for the policy (including the
rider charge);
b. for a Rider Date that occurs during the second policy
year and any succeeding policy years, the policy cash
surrender value on the Rider Date at least equals the
full monthly deduction for the policy (including the
rider charge).
DEFINITIONS TOTAL DISABILITY - Incapacity of the insured as a result of
bodily injury or disease to engage for remuneration or
profit in any occupation for which the insured is or becomes
qualified:
a. by training;
b. by education; or
c. by experience.
Total disability is also defined to include the insured's
entire and irrecoverable loss through bodily injury or
disease of:
a. the sight of both eyes;
b. the use of both hands or both feet; or
c. the use of one hand and one foot
SPECIFIED MONTHLY AMOUNT - The specified annual amount as
shown with respect to this rider on the policy's Schedule
Page is the maximum amount payable under this rider during a
policy year, in addition to any waived or refunded monthly
deductions. Such amount may be zero depending on your
written election at the time this rider was requested. The
specified monthly amount equals the specified annual amount
divided by 12.
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To the extent that the specified monthly amount to be
credited exceed premium amounts allowed to be paid under the
policy due to the total premium limit, such excess that
would otherwise be credited will be paid in cash to the
owner of the policy.
One-twelfth (1/12) of the specified monthly amount payable
in any policy year shall not exceed 1% of the face amount of
the policy to which this rider is attached.
DISABILITY Subject to the terms of this rider, during the existence of
BENEFITS any total disability of at least 6 months' continuous
duration but prior to the end of the disability benefit
period as described below, we will apply the following
disability benefits:
a. WAIVER OF MONTHLY DEDUCTIONS - We will waive or refund
the monthly deductions under the policy otherwise
scheduled to be made on each Monthly Calculation Day
during such period to the extent not already being
waived under a Disability Benefit Rider which provides
coverage on another insured under the policy.
b. CREDITING OF SPECIFIED MONTHLY AMOUNT - We will credit
the policy with the specified monthly amount on each
Monthly Calculation Day during such period, to the
extent that the specified monthly amount is not already
being credited under a Disability Benefit Rider which
provides coverage on another insured under the policy.
Such disability benefit period will end on the later of:
a. the policy anniversary nearest the insured's 65th
birthday; or
b. one year from the date the total disability commenced,
if such total disability commenced within the one-year
period prior to the policy anniversary nearest the
insured's 65th birthday.
However, we will continue to apply such disability benefits
to the policy on or after the policy anniversary nearest the
insured's 65th birthday if the insured has received
disability benefits under this rider continuously during the
entire five-year period just prior to that date. Such
disability benefits will then continue to be applied
regardless of whether total disability continues after that
policy anniversary.
LIMITATIONS No monthly deduction will be waived or refunded and no
AND CONDITIONS specified monthly amount will be credited or paid under this
rider unless the following conditions are satisfied:
1. We must be given written notice of claim and due proof
during the lifetime of the insured that:
a. the insured is totally disabled at the time the
proof is furnished to us; and
b. the insured has been so totally disabled for the
entire 6-month period immediately preceding that
date.
Any such proof will be subject to the requirements
stated in the Required Proof of Disability section.
VR05
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<PAGE>
2. The total disability must not have directly resulted
from either:
a. injuries willfully and intentionally self-
inflicted; or
b. service by the insured in the military, naval, or
air force of any country at war. By "war" we
mean any declared war, undeclared war, or
international police action with force of arms by
any country, the United Nations, or any other
assembly of nations.
3. The total disability must have occurred:
a. after coverage under this rider begins; and
b. before coverage under this rider terminates.
4. If coverage under this rider terminates or the policy
lapses or becomes void by its terms, we must receive
proof of total disability no later than one year from
that date. However, failure to furnish such required
proof within the time required shall not invalidate or
reduce any claim if it was not reasonably possible to
give proof within such time, provided such proof is
furnished as soon as reasonably possible and in no
event, except in the absence of legal capacity, later
than one year from time proof is otherwise required.
5. If multiple disability benefits would otherwise be
payable under the policy due to Disability Benefit
Riders on more than one insured, benefits will be
limited to only one such rider such that the highest
disability benefit amount will be credited or paid.
REQUIRED PROOF OF In addition to requiring proof of total disability before
DISABILITY AND granting any benefits under this rider, we have the right to
ITS CONTINUANCE require proof that the total disability continues. As part
of any such proof, we shall have the right to have a
physician of our choosing conduct such physical exams of the
insured as we may reasonably require. After benefits under
this rider have been received for a period of disability of
more than 2 years, we will not require such exams more
frequently than once a year.
Should there be a failure to furnish such proof or a refusal
to permit such exams, or should the insured cease to be
totally disabled before the policy anniversary nearest the
insured's 65th birthday:
a. further disability benefits will not be applied; and
b. any disability benefits already applied after that date
will be charged as loans against the policy unless
repaid to us.
However, failure to furnish such required proof of
disability within the time allowed shall not invalidate or
reduce any claim if it was not reasonably possible to give
proof within such time, provided such proof is furnished as
soon as reasonably possible and in no event, except in the
absence of legal capacity, later than one year from the time
proof is otherwise required.
THE PAYEE OF ANY If the insured under this rider is the owner of the policy
CASH PAYMENTS and dies before receiving payment of any amount that becomes
due the owner, such payment will be made to the same
beneficiary and in the same manner as provided under the
policy for payment of death benefits. We may also do this
if the insured is the owner of the policy and we have
evidence satisfactory to us that the insured is
mentally incompetent. Upon such payment we shall no longer
beliable for payment of such amount.
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<PAGE>
LIMIT ON OUR RIGHT We cannot contest the validity of this rider except for
TO CONTEST THIS failure to pay premiums after it has been in force during
RIDER the lifetime of the insured for 2 years from the Rider Date.
MONTHLY RIDER The monthly charge for coverage under this rider is included
CHARGES in and part of the monthly deduction for the policy. It is
deducted on each Monthly Calculation Day until coverage
under this rider terminates.
TERMINATION OF Coverage under this rider will terminate on the earliest of:
COVERAGE UNDER
THIS RIDER
a. full surrender of the basic policy;
b. lapse of the basic policy;
c. the first death under the basic policy;
d. the policy anniversary nearest the insured's 65th
birthday, unless continued as provided under the
Disability Benefits section; or
e. our receipt on any Monthly Calculation Day of your
written request, along with the policy, to cancel
coverage under this rider.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ S. Gilmore
Secretary Registrar
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<PAGE>
TERM INSURANCE RIDER
This rider is part of the policy to which it is attached, if
it is listed on the policy's Schedule Page or in an
Endorsement after that page. Except as stated in this rider,
it is subject to all of the provisions contained in the
policy. This rider is effective as of the Rider Date of
Issue.
INSURED
RIDER DATE OF
ISSUE
TERM INSURANCE
AMOUNT
RIDER EXPIRY DATE
RIDER FINAL
CONVERSION DATE
RIDER BENEFIT This rider provides term insurance coverage to the Expiry
DESCRIPTION Date shown above in accordance with its terms.
Subject to the terms of this rider, we will pay the Term
Insurance Amount as shown above if we receive proof,
satisfactory to us, that the insured is the first of the
insureds to die under the basic policy, while the basic
policy is in full force and this rider is in effect. In the
event of a simultaneous death, determination of the first of
the insureds to die shall be made in accordance with the
terms of the basic policy.
EXCLUSION IF DEATH If within two years from the Rider Date of Issue and while
BY SUICIDE this rider is in effect the insured dies by suicide, whether
sane or insane, the amount we pay under this rider will be
limited to the charges assessed for benefits under this
rider.
LIMIT ON OUR RIGHT We cannot contest the validity of this rider, except for
TO CONTEST THIS failure to pay premiums, after it has been in effect during
RIDER the lifetime of the insured for two years from the Rider
Date of Issue.
THE PAYEE Unless you and we agree otherwise, any benefit that becomes
payable under this rider will be paid to the same payee and
in the same manner as provided in the policy for the death
benefit.
MONTHLY RIDER The monthly charges for coverage provided under this rider
CHARGES are included in and part of the monthly deduction for the
policy. They are deducted on each Monthly Calculation Day
until coverage under this rider terminates.
VR06
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<PAGE>
The monthly rates for term insurance provided under this
rider are not guaranteed beyond the current rider year. The
current rate scale will be in effect until such time that we
declare a new schedule of monthly term rates for this rider.
Any new schedule of rates will be determined by us based on
factors which will be uniform by class without regard to
changes in the health of the insured after the Rider Date of
Issue, and based on our future mortality, expense, lapse and
investment expectations. Guaranteed maximum term rates are
based on the 1980 Commissioners' Standard Ordinary Mortality
Ultimate Table, (Age Nearest Birthday), sex and smoker
distinct, as adjusted for the rating class of the insured
under this rider, as shown on the policy's Schedule Page for
this rider.
THE RIGHT TO Subject to the terms contained in this section, you have the
CONVERT right to convert this rider, without evidence of
THIS RIDER insurability, to a new policy on the life of the same
insured under this rider but on a different plan of
insurance. To convert this rider you must return it to us
at our Main Administrative Office along with a written
release and surrender of all claims under this rider. The
written surrender must be signed by you and satisfactory to
us. The conversion must be exercised while this policy is
in full force, while this rider is in effect, and no later
than the Final Conversion Date shown above.
The new policy will be a Variable Life Policy or, if you
prefer, and we agree, another plan of insurance in use by us
at time of conversion so long as it provides for a level
death benefit and we issue that plan with the face amount
requested. The new policy must have a face amount that is
of equal or lesser amount than the face amount of this
rider. It will be issued under the same class of risk as
this rider.
If desired, the new policy will contain a disability
benefits rider provided the insured is not totally disabled
on the date of conversion.
The premium for the disability benefits rider on the new
policy will be at our rates then in effect on the date of
conversion.
If the insured is totally disabled on the date of
conversion, the new policy will contain this rider only if
conversion is made on the Final Conversion Date. We will
then waive any requirement of that rider that the disability
occur after the new policy took effect.
No other riders contained in this policy will be contained
in the new policy unless we agree otherwise.
VR06
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<PAGE>
TERMINATION This rider will terminate on the earliest of:
OF THIS RIDER
1. the Rider Expiry Date;
2. lapse or surrender of the basic policy;
3. the first death under the basic policy; or
4. our receipt on any Monthly Calculation Day of your
written request to cancel this rider, accompanied by the
policy for change or endorsement.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ S. Gilmore
Secretary Registrar
VR06
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<PAGE>
TEMPORARY MONEY MARKET ALLOCATION
AMENDMENT
THIS AMENDMENT IS ISSUED AS PART OF THE POLICY TO WHICH IT
IS ATTACHED IF IT IS LISTED ON THE SCHEDULE PAGE OF THE
POLICY OR IN AN ENDORSEMENT AFTER THAT PAGE. YOU SHOULD
THEREFORE REVIEW THE POLICY'S SCHEDULE PAGE FOR
APPLICABILITY.
REFUND RIGHT AND The refund right stated in the Right to Cancel provision on
TEMPORARY MONEY the cover page of the policy is amended to provide for a
MARKET SUB-ACCOUNT full refund of any premium paid less any unpaid loans and
ALLOCATION loan interest and less any partial surrender amounts paid,
if the returned policy is received by us at our Variable and
Universal Life Division prior to termination of the Right to
Cancel Period.
PREMIUM ALLOCATION The provision in Part 4, entitled "Premium Allocation to
Sub-accounts," is amended to provide that the issue premium
will temporarily be applied on its Payment Date entirely to
the Money Market sub-account until termination of the Right
to Cancel period stated on the cover page of the policy.
UPON TERMINATION OF SUCH PERIOD WITHOUT PRIOR RECEIPT AT OUR
VARIABLE AND UNIVERSAL LIFE DIVISION OF THE RETURNED POLICY
FOR A REFUND, THE THEN VALUE OF THIS POLICY'S SHARE IN THE
MONEY MARKET SUB-ACCOUNT WILL AUTOMATICALLY BE REALLOCATED
BASED ON THE PREMIUM ALLOCATION SCHEDULE ELECTED IN THE
APPLICATION OR AS LATER CHANGED BY YOU. The resultant share
of this policy in the value of each of the respective sub-
accounts on the date of transfer shall be in the same
percentages of the then total policy value as the premium
allocation percentages elected in the application or as
later changed by you.
MONTHLY DEDUCTION The provision in Part 4, entitled "Monthly Deduction," is
amended to provide that until termination of the Right to
Cancel period stated on the cover page of the policy, the
monthly deduction will be taken entirely from the Money
Market sub-account.
TRANSFERS The provision in Part 6, entitled "Transfers," is amended to
provide that no transfers may be made until termination of
the Right to Cancel period stated on the cover page.
LOAN INTEREST The provision in Part 6, entitled "Loan Interest" is amended
to provide that, until termination of the Right to Cancel
period, any debt repayments will temporarily be applied to
the Money Market sub-account and reallocated in the same
manner as provided above for the issue premium.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ Robert W. Fiondella
Secretary Chief Executive Officer
/s/ S. Gilmore
Registrar
VR130
EXHIBIT 1A(5)(c)
Specimen Policy with Optional Riders
Flexible Premium Variable Universal Life Insurance
("Flex Edge Success")
<PAGE>
PHOENIX HOME LIFE MAIN ADMINISTRATIVE OFFICE: STATUTORY HOME OFFICE:
MUTUAL INSURANCE ONE AMERICAN ROW 99 TROY STREET
COMPANY HARTFORD, CT 06115 EAST GREENBUSH, NEW YORK 12061
- --------------------------------------------------------------------------------
INSURED: JOHN DOE 35 - MALE :ISSUE AGE AND SEX
POLICY NUMBER: 2,000,000 NOVEMBER 1, 1995 :POLICY DATE
FACE AMOUNT: $100,000.00
Dear Policyowner:
We agree to pay the benefits of this policy in accordance with its provisions.
It is important to us that you are satisfied with your policy and that it meets
your insurance goals. For service or information on this policy, contact the
agent who sold the policy, any of our agency offices, or our Variable and
Universal Life Administration at the following address:
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY
VARIABLE AND UNIVERSAL LIFE ADMINISTRATION
101 MUNSON STREET
P.O. BOX 942
GREENFIELD, MA 01302-0942
RIGHT TO CANCEL You have the right to cancel this policy within a limited time
after the policy is delivered to you. The policy may be cancelled by returning
the policy to us at our Variable and Universal Life Administration before the
later of:
1. 10 days after the policy is delivered to you; or
2. 10 days after a Notice of Right to Cancel is delivered to you; or
3. 45 days after Part 1 of the application is signed;
for a refund of:
1. the policy value less debt, if any; plus
2. any monthly deductions, partial surrender fees, and other charges made
under the policy.
The policy value and debt will be determined as of the nearest Valuation Date
coincident with or following the date we receive the returned policy at our
Variable and Universal Life Division.
Signed for Phoenix Home Life Mutual Insurance Company at its Main Administrative
Office in Hartford, Connecticut
Sincerely yours,
/s/ Dona D. Young /s/ Robert W. Fiondella
Secretary Chief Executive Officer
<PAGE>
Registrar
FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE INSURANCE POLICY
THE DEATH BENEFIT AND OTHER VALUES PROVIDED UNDER THIS POLICY ARE
BASED ON THE RATES OF INTEREST CREDITED ON ANY AMOUNTS ALLOCATED TO
THE GUARANTEED INTEREST ACCOUNT AND THE INVESTMENT EXPERIENCE OF THE
SUB-ACCOUNTS WITHIN OUR SEPARATE ACCOUNT TO WHICH YOUR PREMIUMS ARE
ALLOCATED. THUS, THE DEATH BENEFIT AND OTHER VALUES MAY INCREASE OR
DECREASE IN AMOUNT OR DURATION. SEE PART 7 FOR A DESCRIPTION OF HOW
THE DEATH BENEFIT IS DETERMINED.
ELIGIBLE FOR ANNUAL DIVIDENDS
<PAGE>
SCHEDULE PAGE
BASIC INFORMATION
INSURED: [JOHN DOE] [35-MALE] : ISSUE AGE AND SEX
POLICY NUMBER: [2,000,000] [NOVEMBER 1, 1995] : POLICY DATE
FACE AMOUNT: [$100,000.00]
OWNER AS STATED IN THE APPLICATION UNLESS LATER CHANGED.
DEATH BENEFIT OPTION: Death Benefit Option [1] as later changed as provided
herein.
BENEFICIARY AS STATED IN THE APPLICATION UNLESS LATER CHANGED.
PREMIUMS
--------
ISSUE PREMIUM: [$1,000.00] due on [November 1, 1995]
SUBSEQUENT PLANNED ANNUAL PREMIUM: [1,000.00]
TOTAL PREMIUM LIMIT: Greater of [$16,257.00] and result of [$ 1,331.00]
multiplied by the number of policy elapsed years (or
fraction thereof) ending on [November 1, 2060]
PREMIUM DUE DATES: The amount and, time of premium payments following the
Policy Date are flexible. Subsequent planned premiums are
payable on the [first day of each November] thereafter for
the life of the insured, but not beyond [November 1, 2060.]
SUB-ACCOUNT ALLOCATION SCHEDULE ON THE POLICY DATE
--------------------------------------------------
MONTHLY
SUB-ACCOUNT* PREMIUMS DEDUCTIONS**
Money Market 100% Proportionate
*See next page for description of sub-accounts.
** See Part 1 for definition of Proportionate. Sub-accounts marked "NONE" will
be charged with a portion of the monthly deduction only if the sub-accounts
marked "PROPORTIONATE" are not sufficient to make the full monthly deduction.
DATE PREPARED: NOVEMBER 1, 1995 PAGE 1 OF 7
<PAGE>
SCHEDULE PAGE
(CONTINUED)
INSURED: John Doe POLICY NUMBER: 2,000,000
SEPARATE ACCOUNT SUB-ACCOUNTS
FUND: THE PHOENIX EDGE SERIES FUND
MONEY MARKET The investment objective of the Money Market Sub-
Account is to provide maximum current income consistent
with capital preservation and liquidity.
GROWTH The investment objective of the Growth Sub-Account is
to achieve intermediate and long-term growth of
capital, with income as a secondary consideration
BOND The investment objective of the Bond Sub-Account is to
seek long-term total return by investing in a
diversified portfolio of high yield (high risk)-and
high quality fixed income securities.
TOTAL RETURN The investment objective of the Total Return Sub-
Account is to realize as high a level of the total rate
of return over an extended period of time as is
considered consistent with prudent investment risk.
INTERNATIONAL The investment objective of the International Sub-
Account is to seek a high total return consistent with
reasonable risk. The International Sub-Account intends
to invest primarily in an internationally diversified
portfolio of equity securities. The International
Portfolio provides a means for investors to invest a
portion of their assets outside the United States.
BALANCED The investment objective of the Balanced Sub-Account is
to seek a reasonable income, long-term capital growth
and conservation of capital. The Balanced Sub-Account
intends to invest based on combined considerations of
risk, income, capital enhancement and protection of
capital value.
REAL ESTATE The investment objective of the Real Estate Securities
SECURITIES Sub-Account is to seek capital appreciation and income
with approximately equal emphasis. It intends under
normal circumstances to invest in marketable securities
of publicly traded Real Estate Investment Trusts
(REITS) and companies that operate, develop, manage
and/or invest in real estate located primarily in the
United States.
STRATEGIC THEME The investment objective of the Strategic Theme Sub-
Account is to seek long-term appreciation of capital by
identifying securities benefiting from long-term trends
present in the United States and abroad. The Strategic
Theme Sub-Account intends to invest primarily in common
stocks believed to have substantial potential for
capital growth.
FUND: WANGER ADVISORS TRUST:
WANGER SMALL CAP: The investment objective of the Wanger Small Cap Sub-
Account is to provide long-term growth. The Wanger
Small Cap Sub-Account will invest in a series that
invests primarily in securities of U.S. companies with
capitalization of less than $1 billion.
DATE PREPARED: NOVEMBER 1, 1995 PAGE 2 OF 7
<PAGE>
INSURED: John Doe POLICY NUMBER: 2,000,000
WANGER INTERNATIONAL The investment objective of the Wanger International
SMALL CAP Small Cap Sub-Account is to provide long-term growth.
The Wanger International Small Cap Sub-Account will
invest in a series that invests primarily in securities
of Non-U.S. companies with capitalization of less than
$1 billion.
GENERAL ACCOUNT SUB-ACCOUNTS
GUARANTEED INTEREST The Guaranteed Interest Account is not part of
ACCOUNT the Separate Account. We reserve the right to limit
cumulative deposits made to the Guaranteed Interest
Account during any one-week period to not more than
$250,000. It is accounted for as part of our General
Account. We will credit interest daily on any amounts
held under the Guaranteed Interest Account at such
rates as we shall determine but in no event will the
effective annual rate of interest be less than 4%.
Twice each calendar month we will set the interest rate
that will apply to any deposit made to the unloaned
portion of the Guaranteed Interest Account, during the
applicable period of that month. That rate will remain
in effect for such deposits for an initial guaranteed
period, of one full year. Upon expiry of the initial
one-year guarantee period, and for any deposits whose
guarantee has just ended, the applicable rate shall be
the same rate that applies to new deposits made at the
time the guarantee period expires. Such rate shall
likewise remain in effect for such deposits for a
subsequent guarantee period of one full year.
DATE PREPARED: NOVEMBER 1, 1995 PAGE 3 OF 7
<PAGE>
SCHEDULE PAGE
(CONTINUED)
INSURED: John Doe POLICY NUMBER: 2,000,000
SUB-ACCOUNT FEES
----------------
MAXIMUM DAILY MORTALITY AND EXPENSE RISK FEE:
0.0000219 (Based on Annual Rate of 0.80% for 15 Policy
Years)
0.0000068 (Based on Annual Rate of 0.25% after 15
Policy Years)
MAXIMUM DAILY TAX FEE: [O] or such greater amount as may be assessed as a
result of a change in tax laws.
POLICY CHARGES
--------------
ISSUE EXPENSE CHARGE: $150.00
ISSUE EXPENSE CHARGE
FOR FACE INCREASES
AFTER POLICY DATE: $1.50 per thousand of Face Increase, but not to exceed
$600.
PREMIUM TAX CHARGE: 2.25% of premiums
FEDERAL TAX CHARGE: 1.50% of premiums
MONTHLY DEDUCTION: See Part 4, "Monthly Deduction". Includes cost of
insurance, any rider charges, any flat extra mortality
charges, a monthly administrative charge which shall
not exceed $10 and is currently set at [$5,] and one-
twelfth of the Issue Expense Charge for the first
policy year after an increase in face amount.
MAXIMUM TRANSFER $0 - First two transfers per policy year.
CHARGE: $10 - Subsequent transfers per policy year.
PARTIAL SURRENDER FEE: Lesser of $25.00 or 2% of partial surrender amount
paid.
SURRENDER CHARGE: See Table on next page.
OTHER RATES
-----------
GUARANTEED INTEREST ACCOUNT:
UNLOANED PORTION: Minimum Rate 4%
LOANED PORTION: 2%
LOAN INTEREST RATE: 4% or the first 10 policy years or until age 65
whichever is sooner.
3% thereafter.
DATE PREPARED: NOVEMBER 1, 1995 PAGE 4 OF 7
<PAGE>
SCHEDULE PAGE
(CONTINUED)
INSURED: John Doe POLICY NUMBER: 2,000,000
SURRENDER CHARGE
-----------------
In Policy Years 1 through 10 the full Surrender Charge is given in the table
below. The applicable Surrender Charge in any Policy Month is the full
Surrender Charge minus any Surrender Charges previously paid, but not less than
zero. In all policy years after the 10th policy year, the Surrender Charge is
zero.
SURRENDER CHARGE TABLE
Policy Surrender Policy Surrender Policy Surrender
Month Charge Month Charge Month Charge
- ------ --------- ----- -------- ------ ---------
1-60 1295.14 50 1056.12 100 720.48
61 1283.19 81 1044.16 101 684.37
62 1271.24 82 1032.21 102 648.27
63 1259.29 83 1020.26 103 612.17
64 1247.34 84 1008.31 104 576.06
65 1235.39 85 996.36 105 539.96
66 1223.44 86 984.41 106 503.85
67 1211.48 87 972.46 107 467.75
68 1199.53 88 960.50 108 431.65
69 1187.58 89 948.55 109 395-54
70 1175.63 90 936.60 110 359.44
71 1163.68 91 924.65 111 323.33
72 1151.73 92 912.70 112 287.23
73 1139.78 93 900.75 113 251.13
74 1127.82 94 888.80 114 215.02
75 1115.87 95 876.84 115 178.92
76 1103.92 96 864.89 116 142.82
77 1091.97 97 828.79 117 106.71
78 1080.02 98 792.69 118 70.61
79 1068.07 99 756.58 119 34.50
120 0.00
If you fully surrender your policy in the first two policy years, you may be
entitled to a reduction in the amount of the above Surrender Charge. Any such
reduction will depend on the amount of premium paid. Assuming that you pay the
planned premium stated in the Schedule Pages in each of the first two policy
years, such reduced Surrender Charge would equal [$785.00] in the first policy
year, and [$882.04] in the second policy year.
DATE PREPARED: NOVEMBER 1, 1995 PAGE 5 OF 7
<PAGE>
SCHEDULE PAGE
(CONTINUED)
INSURED: John Doe POLICY NUMBER: 2,000,000
TABLE OF GUARANTEED MAXIMUM COST OF INSURANCE RATES
BASED ON 1980 CSO MORTALITY TABLE
PER $ 1,000 OF NET AMOUNT AT RISK
RISK CLASSIFICATION: MALE NON SMOKER
Attained Monthly Attained Monthly Attained Monthly
Age Rate Age Rate Age Rate
---- ---- --- ---- --- -----
35 .1408 57 .7908 79 7.1433
36 .1475 58 .8683 80 7.8058
37 .1567 59 .9558 81 8.5433
38 .1667 60 1.0533 82 9.3767
39 .1783 61 1.1617 83 10.3158
40 .1908 62 1.2850 84 11.3425
41 .2058 63 1.4258 85 12.4333
42 .2208 64 1.5850 86 13.5667
43 .2383 65 1.7608 87 14.7325
44 .2558 66 1.9500 88 15.9075
45 .2767 67 2.1550 89 17.1075
46 .2992 68 2.3750 90 18.3492
47 .3233 69 2.6150 91 19.6533
48 .3492 70 2.8858 92 21.0625
49 .3783 71 3.1925 93 22.6358
50 .4092 72 3,5467 94 24.6375
51 .4458 73 3.9533 95 27.4967
52 .4883 74 4.4100 96 32.0458
53 .5358 75 4.9000 97 40.0167
54 .5908 76 5.4217 98 54.8317
55 .6517 77 5.9700 99 83.3333
56 .7192 78 6.5392
DATE PREPARED: NOVEMBER 1,1995 PAGE 6 OF 7
<PAGE>
SCHEDULE PAGE
(CONTINUED)
INSURED: John Doe POLICY NUMBER: 2,000,000
TABLE OF FACE AMOUNTS OF INSURANCE
----------------------------------
ISSUE DATE FACE AMOUNT RISK CLASSIFICATION
---------- ----------- -------------------
NOVEMBER 1, 1995 $100,000.00 Male Non-Smoker
RIDERS AND RIDER BENEFITS
-------------------------
RIDER PAYABLE MONTHLY
RIDER DESCRIPTION DATE AMOUNT PREMIUM TO CHARGE
- ----------------- ----- ------ ------- --- -------
DATE PREPARED: NOVEMBER 1, 1995 PAGE 7 OF 7
<PAGE>
TABLE OF CONTENTS
<TABLE>
<CAPTION>
PART PAGE PART PAGE
<S> <C> <C>
Schedule Page(s) 6. Lifetime Benefits 11
Basic Information Transfers 11
Description of Sub-accounts Loans 12
Policy Charges and Rates Loan Interest 13
Table of Surrender Charges Cash Surrender Value 13
Table of Guaranteed Maximum Insurance Rates Full Surrender 13
Table of Face Amounts of Insurance Partial Surrender 13
and Riders Additional Insurance Option 14
7. Death Benefits 15
Table of Contents Death Benefit Option 1 15
Death Benefit Option 2 15
1. Definitions 1-2 Minimum Death Benefit 15
Death Benefit Following Insured's
2. About the Policy 2 Age 100 16
Effective Date of Insurance 2 How to Change the Death
Entire Contract 2 Benefit Option 16
Dividends 2 Request for an Increase in
Contestability 2 Face Amount 16
Suicide 3 Right to Cancel Face
Misstatement of Age or Sex 3 Amount Increases 17
Assignments 3 Request for Decrease in
Annual Reports 4 Face Amount 17
Transaction Rules 4 Death Proceeds 17
Interest on Death Proceeds 18
3. Rights of Owner 4 The Beneficiary 18
Who is the Owner 4 How to Change the Beneficiary 18
What are the Rights of the Owner 4
How to Change the Owner 5 8. Payment Options 18
Who May Elect Payment Options 18
4. Premiums and Charges 5 How to Elect a Payment Option 18
Premium Payments Payment Options 19
Premium Deductions 5 (1) Payment in One Sum 19
Net Premium Allocation (2) Left to Earn Interest 19
to Sub-Accounts 6 (3) Payments for a Specified Period 19
Premium Flexibility 6 (4) Life Annuity with Specified Period
Total Premium Limit 6 Certain 19
Grace Period & Lapse 7 (5) Life Annuity 20
Policy Value 7 (6) Payments of Specified Amount 20
Monthly Deduction 7 (7) Joint Survivorship Annuity with
10-year Period Certain 20
5. The Accounts Additional Interest 20
Guaranteed Interest Account 8
Separate Account 9 9. Tables of Payment Option Amounts 21
Voting Rights 10
Share of Separate Account
Sub-Account Values 10
Unit Value 10
Net Investment Factor 11
</TABLE>
<PAGE>
PART 1: DEFINITIONS
ATTAINED AGE Age of the insured on the birthday nearest the most
recent policy anniversary.
DEBT Unpaid loans against this policy plus accrued interest.
GENDER The terms "he," "his" and "him" are applicable without
regard to sex. Where proper, "she," "hers" or "her" may
be substituted.
IN FORCE The policy has not terminated.
IN WRITING (WRITTEN In a written form satisfactory to us and filed at our
REQUEST) VUL.
VUL Our Variable and Universal Life Administration. The
address is shown on the cover page of this policy.
MONTHLY CALCULATION The first Monthly Calculation Day of a policy is the same
DAY day as its Policy Date as shown on the Schedule Page.
Subsequent Monthly Calculation Days are the same day for
each month thereafter or, if such day does not fall
within a given month, the last day of that month will be
the Monthly Calculation Day.
PAYMENT DATE The Valuation Date on which a premium payment or loan
repayment is received at our VUL unless it is received
after the close of the New York Stock Exchange in which
case it will be the next Valuation Date.
POLICY ANNIVERSARY The anniversary of the Policy Date.
POLICY DATE The policy date as shown on the Schedule Page. It is the
date from which policy years and policy anniversaries are
measured.
POLICY MONTH The period from one Monthly Calcualtion Day up to, but
not including, the next Monthly Calculation Day.
POLICY VALUE The policy value as defined in Part 4.
POLICY YEAR The first policy year is the one-year period from the
Policy Date to, but not including, the first policy
anniversary. Each succeeding policy year is the one-year
period from the period from the policy anniversary to but
not including the next policy anniversary.
PROPORTIONATE Amounts are allocated to sub-accounts on a proportionate
basis such that the ratios of this policy's sub-account
values to each other are the same before and after the
allocation.
SEPARATE ACCOUNT Phoenix Home Life Variable Universal Life Account.
SUB -ACCOUNTS The Guaranteed Interest Account (exclusive of the loaned
portion of such account) and the accounts within our
Separate Account to which non-loaned assets under the
policy are allocated as described in Part 5.
-1-
<PAGE>
UNIT A standard of measurement, as described in Part 4, used
to determine the share of this policy in the value of
each sub-account of the Separate Account.
VALUATION DATE Every day the New York Stock Exchange is open for trading
and Phoenix Home Life is open for business.
VALUATION PERIOD The period in days from the end of one Valuation Date
through the next Valuation Date.
WE (OUR, US) Phoenix Home Life Mutual Insurance Company.
YOU (YOUR) The owner of this policy.
PART 2: ABOUT THE POLICY
EFFECTIVE DATE OF This policy will begin in force on the Policy Date,
INSURANCE provided the issue premium is paid while the insured is
alive.
ENTIRE CONTRACT This policy and the written application of the
policyholder, a copy of which is attached to and made a
part of the policy, are the entire contract between you
and us. Any change in the provisions of the contract, to
be in effect, must be signed by one of our executive
officers and countersigned by our registrar or one of our
executive officers. This policy is issued by us at our
Main Administrative Office in Hartford, Connecticut. Any
benefits payable under this policy are payable at our
Main Administrative Office.
DIVIDENDS While this policy is in force it will share in our
divisible surplus to the extent that we may provide. We
do not expect any dividends to be apportioned to this
policy. The share to be apportioned to this policy, if
any, will be determined annually by us and credited no
later than the end of the policy year for which it was
determined You may elect that the dividend be paid to you
in cash or applied under any other method mutually agreed
to by you and us.
CONTESTABILITY We rely on all statements made by or for the insured in
the written application. These statements are considered
to be representations and not warranties. We can
contest the validity of this policy and any coverage
under it for any material misrepresentation of fact. To
do so, however, the misrepresentation must be contained
in an application and the application must be attached to
this policy when issued or made a part of this policy
when a change is made.
We cannot contest the validity of the original face
amount of this policy after it has been in force during
the insured's lifetime for two years from its Policy
Date. If we contest the policy, it will be based on the
application for this policy.
We cannot contest the validity of any increase in face
amount after the policy has been in force during the
insured's lifetime for two years from the issue date of
the increase. Any such contest will be based on the
supplemental application for the increase.
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<PAGE>
If we contest the validity of all or a portion of the
face amount provided under this policy, the amount we pay
with respect to such portion of the face amount will be
limited to the higher of a return of any paid premium
required by us for the contested Face Amount, or the sum
of any monthly deductions made under this policy for the
contested face amount.
SUICIDE If within two years from the Policy Date the insured
dies by suicide, while sane or insane, and while this
policy is in force, the amount of death benefit will be
limited to the policy value adjusted as follows:
a. we will add any monthly deductions made under this
policy;
b. we will subtract any debt owed us under this
policy.
If within two years from the issue date of an increase in
face amount the insured dies by suicide, while sane or
insane, and while the policy is in force, the death
benefit for that increase will be limited to a pro-rata
portion of the policy value corresponding to such
increase adjusted as follows:
a. we will add the sum of the monthly deductions
corresponding to such increase;
b. we will subtract any debt owed us under this
policy.
MISSTATEMENT OF If the age or sex of the insured has been misstated, any
AGE OR SEX benefits payable under this policy will be adjusted to
reflect the correct age and sex as follows:
(A) For adjustments made prior to the insured's death, no
change will be made to the then current cost of
insurance rates, but subsequent cost of insurance
rates will be adjusted to such rates that would apply
had this policy been issued based on the correct age
and sex
(B) For adjustments made at the time of the insured's
death, the death benefit payable will be adjusted to
reflect the amount of coverage that would have been
supported by the most recent monthly deduction based
on the then current cost of insurance rates for the
correct age and sex.
ASSIGNMENTS Except as otherwise provided herein, any or all of
the rights in this policy may be assigned. We will not
be considered to have notice of any assignment until we
receive the original or copy of the assignment at our
VUL. We are not responsible for the validity of any
assignment.
-3-
<PAGE>
ANNUAL REPORTS We will annually send you a report showing for this
policy:
a. the then current policy value, cash surrender value,
death benefit and face amount;
b. the premiums paid, and deductions and partial
surrenders made since the last report;
c. any outstanding debt;
d. an accounting of the change in policy value since the
last report; and
e. such additional information as required by applicable
law or regulation.
TRANSACTION RULES Requests for transactions involving sub-accounts will
usually be processed within 7 days after we receive the
written request at our VUL. However, we may, at our
discretion, postpone the payment of any death benefit in
excess of the initial face amount, any policy loans,
partial withdrawals, surrenders or transfers:
(A) For up to six months from the date of request, for
any transactions dependent upon the value of the
Guaranteed Interest Account; or
(B) Otherwise, for any period during which the New York
Stock Exchange is closed for trading (except for
normal holiday closing) or when the Securities and
Exchange Commission has determined that a state of
emergency exists which may make processing such
transactions impractical.
PART 3: RIGHTS OF OWNER
WHO IS THE OWNER The owner is the person named as owner in the
application, unless later changed as provided in this
policy. If you, the owner, are not the insured and you
die before the insured, ownership rights in this policy
will pass to the successive owner if one has been named,
except that if joint owners are designated, this policy
would remain with the surviving joint owners until death
of the survivors. The insured will be the owner if no
other person is named the owner. If more than one person
is named as owner, they must act jointly unless you and
we agree otherwise.
WHAT ARE THE RIGHTS You control this policy during the insured's lifetime but
OF THE OWNER not until this policy begins in force. Unless you and we
agree otherwise, you may exercise all rights provided
under this policy without the consent of anyone else.
These rights include the right to:
a. Receive any amounts payable under this policy during
the insured's lifetime.
-4-
<PAGE>
b. Change the owner or the interest of any owner.
c. Change the planned premium payment amount and
frequency. See Part 4.
d. Change the sub-account allocation schedule for
premium payments and monthly deductions. See Part 4.
e. Transfer amounts between and among sub-accounts. See
Part 6.
f. Obtain policy loans. See Part 6.
g. Obtain a partial surrender. See Part 6.
h. Surrender this policy for its cash surrender value.
See Part 6.
i. Select a payment option for any cash surrender value
that becomes payable. See Part 6.
j. Request changes in the insurance amount. See Part 7.
k. Change the beneficiary of the death benefit. See Part
7.
l. Assign, release, or surrender any interest in the
policy.
m. Change the death benefit option. See Part 7.
You may exercise these rights only while the insured is
alive. Exercise of any of these rights will, to the
extent thereof, assign, release, or surrender the
interest of the insured and all other beneficiaries and
owners under this policy.
HOW TO CHANGE THE You may change the owner by written request,
OWNER satisfactory to us, filed at our VUL.
PART 4: PREMIUMS
PREMIUM PAYMENTS The issue premium as shown on the Schedule Page is due on
the Policy Date. The insured must be alive when the
issue premium is paid. Thereafter, the amount and payment
frequency of planned premiums are as shown on the
Schedule Page unless later changed as described below.
All premiums are payable at our VUL, except that the
issue premium may be paid to an authorized agent of ours
for forwarding to our VUL. No benefit associated with any
premium shall be provided until it is actually received
by us at our VUL .
PREMIUM DEDUCTIONS Premium tax charges and federal tax charges as stated on
the Schedule Page, will be deducted from any premiums
received by us at our VUL. If the issue premium is
received by us at our VUL after the policy date, then it
will also be reduced by the amount necessary to cover any
past unpaid monthly deductions described below. In
addition, payments received by us during a grace period
will also be reduced by the amount needed to cover any
monthly deductions during the grace period.
-5-
<PAGE>
NET PREMIUM ALLOCATION The premiums, net of these charges, will be applied on
TO SUB-ACCOUNTS the Payment Date to the various sub-accounts based on
the premium allocation schedule elected in the
application for this policy or as later changed by you.
You may change the allocation schedule for premium
payments by written notice filed with us at our VUL.
Allocations to each sub-account must be expressed in
whole percentages unless we agree otherwise.
The number of units credited to each sub-account of the
Separate Account will be determined by dividing the net
premium applied to that sub-account by the unit value of
that sub-account on the Payment Date. The number of
units credited to each sub-account is carried to four
decimal places.
PREMIUM FLEXIBILITY Subject to the total premium limit described in the next
section and except for the issue premium, you may
change the amount and frequency of premium payments while
this policy is in force during the lifetime of the
insured as follows:
a. You may increase or decrease the planned premium
amount or payment frequency at any time by written
notice to us. We reserve the right to limit
increases to such maximums as we may establish from
time to time.
b. Additional premium payments may be made at any time.
c. Each premium payment made must at least equal $25 or,
if during a grace period, the amount needed to
prevent lapse of this policy. We reserve the right
to reduce this limit.
TOTAL PREMIUM LIMIT The total premium limit is shown on the Schedule Page and
is applied to the sum of all premiums received by us for
this policy to date, reduced by the sum of all partial
surrender amounts paid by us to date. If the total
premium limit is exceeded, we will pay you the excess,
with interest at an annual rate of not less than 4%, not
later than 60 days after the end of the policy year in
which the limit was exceeded. The policy value will be
adjusted to reflect such refund. The amount to be taken
from the sub-account will be allocated in the same manner
as provided for monthly deductions unless you request
another allocation in writing.
The total premium limit may be exceeded if additional
premium is needed to prevent lapse under the grace period
and lapse provision. The total premium limit may change
due to:
a. a partial surrender or a decrease in face amount;
b. addition, cancellation, or change of a rider; or
c. a change in federal tax laws or regulations.
-6-
<PAGE>
If the total premium limit changes, we will send you a
Revised Schedule Page reflecting the change. However, we
reserve the right to require that this policy be returned
to us so that we may endorse the change.
GRACE PERIOD AND If, on any Monthly Calculation Day, the required monthly
LAPSE deduction exceeds the policy value during the first three
policy years, or the cash surrender value after the third
policy year, a grace period of 61 days will be allowed
for the payment of an amount equal to three times the
required monthly deduction. This policy will continue in
force during any such grace period. We will mail a
written notice to you and any assigns at the post office
addresses last known to us as to the amount of premium
required. If such premium is not paid to us by the end of
the grace period this policy will lapse without value,
but not before 30 days have elapsed since we mailed our
written notice to you. The "date of lapse" will be the
Monthly Calculation Day on which the deduction was to be
made, and any insurance and rider benefits provided under
this policy will terminate as of that date.
POLICY VALUE The policy value is the sum of this policy's share in the
value of each sub-account of the Separate Account and the
value of this policy's Guaranteed Interest Account. See
Part 5 for an explanation as to how this policy's share
in the value of each sub-account of the Separate Account
is determined and for a description of the Guaranteed
Interest Account.
MONTHLY DEDUCTION A deduction is made each policy month from the policy
value (excluding the value of the loaned portion of the
Guaranteed Interest Account) to pay:
(a) the cost of insurance provided under this policy;
(b) any flat extra mortality charges;
(c) the cost of any rider benefits provided;
(d) an administrative charge as shown on the Schedule
Page. The administrative charge may vary but in no
event will exceed the maximum amount shown on the
Schedule Page. We will send you a written notice of
any change at least 30 days in advance of such
change; and
(e) for the first policy year and for the first policy
year after a face amount increase, one-twelfth of the
Issue Expense charge shown on the Schedule Page. Any
unpaid balance of the Issue Expense Charge will be
paid to us upon policy lapse or termination.
-7-
<PAGE>
Deductions are made on each Monthly Calculation Day. If
the Monthly Calculation Day is not a valuation date, the
monthly deduction for that policy month will be made on
the next valuation date.
You may request in the application for this policy that
monthly deductions not be taken from certain specified
sub-accounts. Such a request may later be changed by
notifying us in writing, but only with respect to future
monthly deductions. Monthly deductions will be taken
from this policy's share of the remaining sub-accounts
exclusive of the loaned portion of the Guaranteed
Interest Account, on A proportionate basis. In the event
this policy's share in the value of such sub-accounts is
not sufficient to permit the withdrawal of the full
monthly deduction, the remainder will be taken on a
proportionate basis from this policy's share of each of
the other sub-accounts exclusive of the loaned portion of
the Guaranteed Interest Account. The number of units
deducted from each sub-account of the Separate Account
will be determined by dividing the portion of the monthly
deduction allocated to each such sub-account by the unit
value of that sub-account on the Monthly Calculation Day.
Each monthly deduction will pay the cost of insurance
from the Monthly Calculation Day on which the deduction
is made up to, but not including, the next Monthly
Calculation Day. The cost of insurance is equal to the
cost of insurance rate for the current policy month
divided by 1,000 and then multiplied by the result of:
(a) the death benefit on the Monthly Calculation Day;
minus
(b) the policy value on the Monthly Calculation Day.
The cost of insurance rate for the current policy month
is based on the insured's attained age and risk
classification. The rate used in computing the cost of
insurance is obtained from the Table of Guaranteed
Maximum Cost of Insurance Rates on the Schedule Page for
the risk classification(s) shown, or such lower rate as
we may declare. Any change we make in the declared cost
of insurance rates will be uniform by class and based on
our future mortality, expense and lapse expectations. The
declared cost of insurance rates for an insured will not
be affected by a change in the insured's health or
occupation.
PART 5: THE ACCOUNTS
Assets under this policy may be allocated either to the
Guaranteed Interest Account or to any of the sub-accounts
of the Separate Account.
GUARANTEED INTEREST The Guaranteed Interest Account is not part of the
ACCOUNT Separate Account. It is part of our General Account. We
reserve the right to limit cumulative deposits, including
transfers, to the unloaned
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portion of the Guaranteed Interest Account during any
one-week period to no more than $250,000. We will credit
interest daily on the amounts allocated under this policy
to the Guaranteed Interest Account. The loaned portion of
the Guaranteed Interest Account will be credited interest
at an effective annual fixed rate as shown on the
Schedule Page. We will credit interest on the unloaned
portion of the Guaranteed Interest Account at such rates
as we shall determine but in no event will the effective
annual rate of interest on such portion be less than the
minimum interest rate shown on the Schedule Page.
Twice each calendar month we will set the interest rate
that will apply to any net premium or transferred amounts
deposited to the unloaned portion of the Guaranteed
Interest Account during the applicable period of that
month. That rate will remain in effect for such deposits,
for an initial guarantee period of one full year. Upon
expiry of the initial one-year guarantee period, and each
subsequent one-year guarantee period thereafter, the rate
applicable for any deposits in the, unloaned portion of
the Guaranteed Interest Account whose guarantee period
has just ended shall be the same rate that applies to new
deposits to such sub-account at the time the guarantee
period expires. Such rate shall likewise remain in
effect for such deposits for a subsequent guarantee
period of one full year.
All transfers, partial surrenders, and deductions from
the unloaned portion of the Guaranteed Interest Account
will be assessed on a Last-In, First-0ut basis based on
the date the deposit was initially made to the unloaned
portion of such sub-account. At the end of each policy
year and at the time of any debt repayment, interest
credited to the loaned portion of the Guaranteed Interest
Account will be transferred to the unloaned portion of
the Guaranteed Interest Account. We reserve the right to
add other Guaranteed Interest Accounts, subject, where
required, to approval by the insurance supervisory
official of the state where this policy is delivered.
SEPARATE ACCOUNT The Separate Account has been established by us as a
separate account pursuant to New York law and is
registered as a unit investment trust under the
Investment Company Act of 1940 (1940 Act). Income and
realized and unrealized gains and losses from assets in
the Separate Account are credited to or charged against
it without regard to our other income, gains or losses.
We own the Separate Account assets and they are kept
separate from the Assets of our General Account. Separate
Account assets will be valued on each valuation date.
The portion of the Separate Account equal to reserves and
liabilities for policies supported by the Separate
Account will not be charged with any liabilities arising
out of our other business. We reserve the right to use
assets of the Separate Account in excess of these
reserves and liabilities for any purposes.
The Separate Account has several sub-accounts available
under this policy as shown on the Schedule Page. We have
the right to add
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additional sub-accounts of the Separate Account subject
to approval by the Securities and Exchange Commission
and, where required, by the insurance supervisory
official of the state where this policy is delivered. We
use the assets of the Separate Account to buy shares of
the Fund identified on the Schedule Page according to
your allocation instructions. The Fund is registered
under the 1940 Act as an open-end, diversified management
investment company. The Fund has separate Portfolios
that correspond to the sub-accounts of the Separate
Account. Assets of each such sub-account are invested in
shares of the corresponding Fund Portfolio.
A Portfolio of the Fund might make a material change in
its investment policy. If that occurs, you will be
notified of the change. In addition, no change will be
made in the investment policy of any of the sub-accounts
of the Separate Account without approval of the
appropriate insurance supervisory official of our
domiciliary state of New York. The approval process is on
file with the insurance supervisory official of the state
where the policy is delivered. If, in our judgment, a
Portfolio of the Fund becomes unsuitable for investment
by a sub-account of the Separate Account for any reason,
we may substitute shares of another Portfolio of the Fund
or shares of another mutual fund. Any such change will
be subject to approval by the Securities and Exchange
Commission and, where required, by the insurance
supervisory official of the state where this policy is
delivered.
VOTING RIGHTS Although we are the legal owner of the Fund shares, we
will vote the shares at regular and special meetings of
the shareholders of the Fund in accordance with
instructions received from you and the other owners of
the policies. Any shares held by us will be voted in the
same proportion as voted by you and the other owners of
the policies. However, we reserve the right to vote the
shares of the Fund without direction from you if there is
a change in the law which would permit this to be done.
SHARE OF SEPARATE The share of this policy in the value of each sub-
ACCOUNT SUB-ACCOUNT account of the Separate Account on a valuation date is
VALUES the unit value of that sub-account on that date
multiplied by the number of this policy's units in that
sub-account after all transactions for the valuation
period ending on that day have been processed. For any
day which does not fall on a valuation date, the share of
this policy in the value of each sub-account of the
Separate Account is determined using the number of units
on that day after all transactions for that day have been
processed and the unit values on the next valuation date.
UNIT VALUE The unit value of each sub-account of the Separate
Account was set by us on the first valuation date of each
such sub-account. The unit value of a sub-account of the
Separate Account on any other valuation date is
determined by multiplying the unit value of that sub-
account on the just prior valuation date by the Net
Investment Factor for that sub-account for the then
current valuation period. The unit value of each sub-
account of the Separate Account on a day other than a
valuation date is the unit value on the next valuation
date.
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Unit values are carried to 6 decimal places. The unit
value of each sub-account of the Separate Account on a
valuation date is determined at the end of that day.
NOT INVESTMENT FACTOR The Net Investment Factor for each sub-account of the
Separate Account is determined by the investment
performance of the assets held by the sub-account during
the valuation period. Each valuation will follow
applicable law and accepted procedures. The Net
Investment Factor is equal to item (D) below subtracted
from the result of dividing the sum of items (A) and (B)
by item (C) as defined below.
(A) The value of the assets in the sub-account on the
current valuation date, including accrued net
investment income and realized and unrealized capital
gains and losses, but excluding the net value of any
transactions during the current valuation period.
(B) The amount of any dividend (or, if applicable, any
capital gain distribution) received by the sub-
account if the "ex-dividend" date for shares of the
Fund occurs during the current valuation period.
(C) The value of the assets in the sub-account as of the
just prior valuation date, including accrued net
investment income and realized and unrealized capital
gains and losses, and including the net value of all
transactions during the valuation period ending on
that date.
(D) The sum of the following daily charges as shown on
the Schedule Page, multiplied by the number of days
in the current valuation period:
(1) the mortality and expense risk charge; and
(2) the charge, if any, for taxes and reserves for
taxes on investment income, and realized and
unrealized capital gains.
PART 6: LIFETIME BENEFITS
TRANSFERS You may transfer all or a portion of this policy's value
among one or more of the sub-accounts of the Separate
Account and the unloaned portion of the Guaranteed
Interest Account. We reserve the right to limit the
number of transfers you may make, however, you can make
up to six transfers per contract year from sub-accounts
of the Separate Account and only one transfer per
contract year from the unloaned portion of the Guaranteed
Interest Account unless the Systematic Transfer Program
is elected. Under that program, funds may be transferred
automatically among the sub-accounts on a monthly,
quarterly, semi-annual or annual basis. Unless we agree
otherwise, the minimum initial and subsequent transfer
amounts are $25 monthly, $75 quarterly, $150 semi-
annually or $300 annually. Except as otherwise provided
under the Systematic Transfer Program, the amount that
may be transferred from the Guaranteed Interest Account
at any one time cannot exceed the higher of $1,000 or
25% of the value of the Guaranteed Interest Account.
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Transfers may be made by written or telephone request.
The maximum transfer charge is shown on the Schedule
Page. There is no transfer charge for the Systematic
Transfer Program. Any such charge will be deducted from
the sub-accounts from which the amounts are to be
transferred in the same proportion as the amounts to be
transferred bear to the total amount transferred. The
value of each sub-account will be determined on the
Valuation Date that coincides with the date of transfer.
LOANS While this policy is in force, a loan may be
obtained against this policy in any amount up to the
available loan value. To obtain a loan, this policy must
be properly assigned to us as security. We need no other
collateral. We reserve the right not to allow loans of
less than $500 unless the loans are to pay premiums on
another policy issued by us.
The loan value is 90% of the result of subtracting the
then applicable surrender charge from the then policy
value. The "available loan value" is the loan value on
the current day less any outstanding debt.
The amount of the loan will be added to the loaned
portion of the Guaranteed Interest Account and subtracted
from this policy's share of the sub-accounts based on the
allocation you request at the time of the loan. The total
reduction will equal the amount added to the loaned
portion of the Guaranteed Interest Account. Unless we
agree otherwise, allocations to each sub-account must be
expressed in whole percentages. If no allocation request
is made, the amount subtracted from the share of each
sub-account will be determined in the same manner as
provided for monthly deductions.
Debt may be repaid at any time during the lifetime of the
insured while this policy is in force. Such repayment,
in excess of any outstanding accrued loan interest, will
be applied to reduce the loaned portion of the Guaranteed
Interest Account and will be transferred to the unloaned
portion of the Guaranteed Interest Account to the extent
that loaned amounts taken from such account have not
previously been repaid. Otherwise, such balance will be
transferred among the sub-accounts you request upon
repayment and, if no allocation request is made, we will
use your most recent premium allocation schedule on file
with us. Any debt repayment received by us during a
grace period as described in Part 4 will be reduced to
cover any overdue monthly deductions and only the balance
applied to reduce the debt. Such balance will also be
applied as described to reduce the loaned portion of the
Guaranteed Interest Account
While there is any outstanding debt against this policy,
any payments received by us for this policy will be
applied directly to reduce the debt unless specified as a
premium payment. Until the debt is fully repaid,
additional debt repayments may be made at any time during
the lifetime of the insured while this policy is in
force.
Failure to repay a policy loan or to pay loan interest
will not terminate this policy except as otherwise
provided under Grace Period and
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Lapse in Part 4 when the policy does not have sufficient
remaining value to pay the monthly deductions, in which
event, that grace period provision will apply.
LOAN INTEREST Loans will bear interest at an effective annual rate
equal to the loan interest rate shown on the Schedule
Page and will be compounded daily. Interest will accrue
on a daily basis from the date of the loan and is
included as part of the debt under this policy. Loan
interest will be due on each policy anniversary. If not
paid when due, the outstanding accrued interest on that
date will be charged as a loan against this policy.
CASH SURRENDER VALUE The cash surrender value of this policy is the policy
value as defined in Part 4 less any applicable surrender
charge on the date of surrender and less any debt. The
surrender charge for a full surrender is as stated on the
Schedule Pages, or Revised Schedule Pages if there has
been an increase in face amount.
FULL SURRENDER You may fully surrender this policy for its cash
surrender value by returning this policy to us at our VUL
along with a written release and surrender of all claims
under this policy signed by you and any assigns. You may
do this at any time during the lifetime of the insured
while this policy is in force. The written surrender
must be in a form satisfactory to us and must include
such tax withholding information AS we may reasonably
require. The surrender will be effective on the "date of
surrender" which is the later of the dates on which we
receive the returned policy and the written surrender.
Upon full surrender all insurance and any rider benefits
provided under this policy will terminate. You may
direct that we apply the surrender proceeds under any of
the Payment Options described in Part 8.
PARTIAL SURRENDER You may obtain a partial surrender of this policy by
requesting that a part of this policy's cash surrender
value be paid to you. You may do this at any time during
the lifetime of the insured while this policy is in force
with a written request signed by you and any assigns. We
reserve the right to require that this policy first be
returned to us before payment is made. A partial
surrender will be effective on the date we receive the
written request or, if required, the date we receive this
policy if later. You may direct that we apply the
surrender proceeds under any of the Payment Options
described in Part 8.
A partial surrender will be denied if the resultant cash
surrender value would be less than or equal to zero. We
reserve the right not to allow partial surrenders if the
resulting death benefit would be less than $25,000 or if
the amount of the partial surrender is less than $500.
We further reserve the right to require that the entire
balance of a sub-account be surrendered and withdrawn if
the share of this policy in the value of that sub-account
would, immediately after a partial surrender, be less
than $500.
Upon a partial surrender, the policy value will be
reduced by the sum of the following:
(A) The partial surrender amount paid. This amount comes
from a reduction in this policy's share in the value
of each sub-account based on the allocation you
request at the time of the partial
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surrender. If no allocation request is made, the
assessment to each sub-account will be made in the
same manner as provided for monthly deductions.
(B) The partial surrender fee. The fee is the lesser of
$25 and 2% of the partial surrender amount paid. The
assessment to each sub-account will be made in the
same manner as provided for the partial surrender
amount paid.
(C) A partial surrender charge. This charge is equal to
a pro-rata portion of the applicable surrender charge
that would apply to a full surrender, determined by
multiplying such applicable surrender charge by a
fraction equal to the partial surrender amount
payable divided by the result of subtracting the
applicable surrender charge from the policy value.
This amount is assessed against the sub-accounts in
the same manner as provided for the partial surrender
amount paid.
The cash surrender value will be reduced by the partial
surrender amount paid plus the partial surrender fee.
The face amount of this policy will be reduced by the
same amount as the policy value is reduced as described
above. We will send you a Revised Schedule Page
reflecting this change.
ADDITIONAL INSURANCE While this policy is in force and subject to the terms of
OPTION this provision, including our receipt of evidence
satisfactory to us of the insured's then insurability,
you have the option to purchase additional insurance on
the same insured under the same plan of insurance as this
policy without our assessment of any issue expense charge
under the new policy. Except for our waiver of the issue
expense charge, the new policy will be based on the same
guaranteed rates and charges as are in effect for this
plan on the Policy Date of this policy as adjusted for
the insured's new attained age and change, if any, in
risk classification The new policy will only include such
rider benefits as we may agree based on our rules and
practices in effect on the Policy Date of the new policy.
The amount of insurance under the new policy, when added
to all other insurance with our company on the life of
the insured, cannot exceed our total insurance amount
limitations in effect on the Policy Date of the new
policy.
To elect this option, you must file a written application
with our VUL. It must be signed by you and the insured.
We must also receive:
(A) Evidence that you have a satisfactory insurable
interest in the life of the insured.
(B) Evidence; satisfactory to us, that the insured is
then insurable under our established practice in the
selection of risks for this plan of insurance,
including the new amount applied for and rider
benefits requested Selection of risks includes health
and non-health factors.
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(C) Payment, while the insured is alive, of the full
issue premium for the new policy. The payment must
equal or exceed our minimum issue premium
requirements in effect for this plan on the Policy
Date of the new policy.
Any exclusions applicable to the new policy will be
determined in accordance with our rules and practices in
effect on the Policy Date of the new policy. The new
policy will not be subject to any assignments or liens
against this policy. The owner and the beneficiary under
the new policy shall be as requested in the application
for the new policy. Any subsequent changes will be
governed by the printed provisions of the new policy.
The new policy will begin in effect as of the later
of:
a. our approval of the application for the new policy;
b. payment of the full issue premium due on the new
policy.
The Policy Date of the new policy will be as shown on the
schedule pages of the new policy based on our rules and
practices then in effect. The time periods for the
suicide and contestability provisions in the new policy
will be measured from the Policy Date of the new policy.
PART 7: DEATH BENEFITS
While, the policy is in force, you have the right to
elect either of the two death benefit options as
described below. The death benefit option shall be as
elected in the original application unless later changed
as provided below. If no option is elected, Death
Benefit Option 1 shall apply.
DEATH BENEFIT OPTION 1 Under this option, during all policy years until the
policy anniversary which follows the insured's 100th
birthday, the death benefit is equal to the greater of
(a) and (b) as defined below.
a. the policy's face amount on the date of death.
b. the minimum death benefit on the date of death as
defined below.
DEATH BENEFIT OPTION 2 Under this option, during all policy years until the
policy anniversary which follows the insured's 100th
birthday, the death benefit is equal to the greater of
(a) and (b) as defined below.
a. the policy's face amount on the date of death plus the
policy value.
b. the minimum death benefit on the date of death as
defined below.
MINIMUM DEATH BENEFIT The minimum death benefit is the policy value on the date
of death of the insured increased by the applicable
percentage from the table below, based on the insured's
attained age at the beginning of the policy year in which
the death occurs.
15
<PAGE>
<TABLE>
<CAPTION>
Attained Attained Attained Attained
Age Pct Age Pct Age Pct Age Pct
--- --- --- --- --- --- --- ---
<S> <C> <C> <C> <C> <C> <C> <C> <C>
Under 40 150% 53 64% 67 18% 81 5%
40 150 54 57 68 17 82 5
41 143 55 50 69 16 83 5
42 136 56 46 70 15 84 5
43 129 57 42 71 13 85 5
44 122 58 38 72 11 86 5
45 115 59 34 73 9 87 5
46 109 60 30 74 7 88 5
47 103 61 28 75 5 89 5
48 97 62 26 76 5 90 5
49 91 63 24 77 5 91 4
50 85 64 22 78 5 92 3
51 78 65 20 79 5 93 2
52 71 66 19 80 5 94 1
95 0
Over 95 0
</TABLE>
DEATH BENEFIT After the policy anniversary which follows the insured's
FOLLOWING INSURED'S 100th birthday, the death benefit will equal the policy
AGE 100 value.
HOW TO CHANGE THE While this policy is in force, you may request in writing
DEATH BENEFIT OPTION that the Death Benefit Option be changed from Option 1 to
Option 2, or from Option 2 to Option 1. No evidence of
insurability is required. If the request is to change
from Option 1 to Option 2, the face amount will be
decreased by the policy value and if the request is to
change from Option 2 to Option 1, the face amount will be
increased by the policy value. Any such change will be
in effect on the Monthly Calculation Day coincident with
or next following the day we approve the request.
REQUEST FOR AN Anytime that this policy is in force, you may request an
INCREASE IN FACE increase in its face amount. Unless we agree otherwise,
AMOUNT the minimum such face amount increase is $25,000, and the
increase will be effective on the first policy
anniversary on or following the date that we approve the
request. Such date will be shown as the issue date for
such increase on the Revised Schedule Pages we send you
reflecting the change. We reserve the right to limit
increases in face amount. All requests to increase the
face amount must be applied for on a supplemental
application and will be subject to evidence of the
insured's insurability satisfactory to us. The insured
must be alive on the issue date, and you must also pay to
us in advance such issue premium for the increase as we
may require according to our published rules then in
effect. If no issue premium is required, the increase
will not take effect unless the cash surrender value on
the issue date at least equals the monthly deduction for
the total combined face amount. The Issue Expense Charge
for Face Amount increases is as stated on the Schedule
Page.
We will send you Revised Schedule Pages reflecting the
change. We reserve the right to further require that the
policy be returned to us so that we may incorporate the
change.
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RIGHT TO CANCEL FACE You have the right to cancel any increase in the face
AMOUNT INCREASES amount provided by us under this policy pursuant to your
request, within a limited time as stated below. The
increase in face amount may be cancelled by returning the
policy to us at the following address:
Phoenix Home Life Mutual Insurance Company
Variable and Universal Life Administration
P.O. Box 942
Greenfield, Massachusetts 01302-0942
To cancel, you must return the policy, including the
Revised Schedule Pages, before the latest of:
1. 10 days after the new Revised Schedule Page showing
such increase in the face amount is delivered to
you; or
2. 10 days after a Notice of Right to Cancel is
delivered to you; or
3. 45 days after Part 1 of the supplementary
application for such increased face amount is
signed.
Upon any such cancellation we will refund the higher of
any paid premium required by us for the increase or the
sum of any monthly deductions and any other fees and
charges made under this policy for the increase in face
amount.
REQUEST FOR A You may request a decrease in face amount at any time
DECREASE IN FACE after the first policy year. Unless we agree otherwise,
AMOUNT the decrease requested must at least equal $10,000 and
the face amount remaining after the decrease must at
least equal $25,000. All requests to decrease the face
amount must be in writing and will be effective on the
first Monthly Calculation Day following the date we
approve the request. We reserve the right to require that
this policy first be returned to us before the decrease
is made. Upon a decrease in face amount, a partial
surrender charge will be deducted from the policy value
based on the amount of the decrease. The charge will
equal the applicable surrender charge that would then
apply to a full surrender multiplied by the result of
dividing the decrease in face amount by the face amount
of the policy before the decrease. We will send you a
Revised Schedule Page reflecting the change.
DEATH PROCEEDS Upon receipt of due proof at our VUL that the insured
died while this policy is in force, we will pay the death
proceeds of this policy. The death proceeds equal the
death benefit on the date of death, with the following
adjustments;
(A) We will deduct any debt outstanding against this
policy.
(B) We will deduct any monthly deductions to and
including the policy month of death not already
made.
(C) We will add any premiums received by us after the
Monthly Calculation Day just prior to the date of
death and on or before the date of death.
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INTEREST ON DEATH We will pay interest on any death proceeds from the date
PROCEEDS of the insured's death to the date of payment. The amount
of interest will be the same as would be paid were the
death proceeds left for that period of time to earn
interest under Payment Option 2.
THE BENEFICIARY Unless another payment option is elected as described in
Part 8, any death proceeds that become payable will be
paid in equal shares to such beneficiaries living at the
death of the insured as stated in the application for
this policy or as later changed. Payments will be made
successively in the following order:
a. Primary beneficiaries.
b. Contingent beneficiaries, if any, provided
beneficiary is living at the death of the insured.
c. You or your executor or administrator, provided no
primary or contingent beneficiary is living at the
death of the insured.
Unless otherwise stated the relationship of a beneficiary
is the relationship to the insured.
HOW TO CHANGE THE You may change the beneficiary under this policy by
BENEFICIARY written notice signed by you and filed with us at our
VUL. When we receive it, the change will relate back and
take effect as of the date it was signed. However, the
change will be subject to any payments made or actions
taken by us before we received the notice at our VUL
PART 8: PAYMENT OPTIONS
WHO MAY ELECT The proceeds of this policy will be paid in one sum
PAYMENT OPTIONS unless otherwise provided. As an alternative to payment
in one sum as provided under Option 1, any surrender or
death proceeds that become payable under an account may
be applied under one or more of the alternative income
payment options as described in this part or such other
payment options as may then be currently available for
the policy.
Our consent is required for the election of an income
payment option by a fiduciary or any entity other than a
natural person. Our consent is also required for
elections by any assigns or an owner other than the
insured if the owner has been changed. You may designate
or change one or more beneficiaries who will be the payee
or payees under the option elected. You may only do this
during the lifetime of the insured. For death proceeds,
if no election is in effect when the death benefit
becomes payable, the beneficiary may elect a payment
option.
Unless we agree otherwise, all payments under any option
chosen will be made to the designated payee or to his
executor or administrator. We may require proof of age
of any payee or payees on whose life payments depend as
well as proof of the continued survival of any such
payee(s).
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HOW TO ELECT A The election of an income payment option must be in a
PAYMENT OPTION written form satisfactory to us. Payments may be made on
an annual, semi-annual, quarterly, or monthly basis
provided that each installment will at least equal $25.
We also require that at least $ 1,000 be applied under
any income option chosen.
PAYMENT OPTIONS This section provides a brief description of the various
payment options that are available. In Part 9 you will
find tables illustrating the guaranteed installment
amount provided by several of the options described in
this section. The amount shown for Options 4, 5, and 7
are the minimum monthly payments for each $1,000 applied.
The actual payments will be based on the monthly payment
rates we are using when the first payment is due. They
will not be less than shown in the tables.
Option 1 - Payment in one sum
Option 2 - Left to earn interest
We pay interest during the payee's lifetime on
the amount left with us under this option as a
principal sum. We guarantee that at least one
of the versions of this option will provide
interest at a rate of at least 3% per year.
Option 3 - Payments for a specific period
Equal income installments are paid for a
specified period of years whether the payee
lives or dies. The first payment will be on
the date of settlement. The Option 3 Table
shows the guaranteed amount of each
installment for monthly and annual payment
frequencies. The table assumes an interest
rate of 3% per year on the unpaid balance.
The actual interest rate is guaranteed not to
be less than this minimum rate.
Option 4 - Life annuity with specified period certain
Equal installments are paid until the later
of:
(A) The death of the payee.
(B) The end of the period certain.
The first payment will be on the date of
settlement. The period certain must be chosen
at the time this option is elected. The
periods certain that may be chosen are as
follows:
(A) Ten years
(B) Twenty years
(C) Until the installments paid refund the
amount applied under this option. If the
payee is not living when the final
payment falls due, that payment will be
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limited to the amount which needs to be added
to the payments already made to equal the
amount applied under this option.
If, for the age of the payee, a period certain
is chosen that is shorter than another period
certain paying the same installment amount, we
will deem the longer period certain as having
been elected. The life annuity provided under
this option is calculated using an interest
rate of 3-3/8%, except that any life annuity
providing a period certain of twenty years or
more is calculated using an interest rate of
3-1/4%
Option 5 - Life Annuity
Equal installments are paid only during the
lifetime of the payee. The first payment will
be on the date of settlement. Any life annuity
as may be provided under this option is
calculated using an interest rate of 3-1/2%.
Option 6 - Payments of specified amount
Equal installments of a specified amount, out
of the principal sum and interest on that sum,
are paid until the principal sum remaining is
less than the amount of the installment. When
that happens, the principal sum remaining with
accrued interest will be paid as a final
payment. The first payment will be on the date
of settlement. The payments will include
interest on the principal sum remaining at a
rate guaranteed to at least equal 3% per year.
This interest will be credited at the end of
each year. If the amount of interest credited
at the end of a year exceeds the income
payments made in the last 12 months, that
excess will be paid in one sum on the date
credited.
Option 7 - Joint survivorship annuity with 10-year period
certain
The first payment will be on the date of
settlement. Equal income installments are paid
until the latest of:
(A) The end of the 10-year period certain.
(B) The death of the insured.
(C) The death of the other named annuitant.
The other annuitant must be named at the time
this option is elected and cannot later be
changed That annuitant must have an adjusted
age as defined in Part 9 of at least 40. The
joint survivorship annuity provided under this
option is calculated by using an interest rate
of 3-3/8%.
We may offer other payment options or alternative
versions of the options listed in the above section.
-20-
<PAGE>
ADDITIONAL INTEREST In addition to:
(A) the interest of 3% per year guaranteed on the
principal sum remaining with us under Options 2 or 6;
and
(B) the interest of 3% per year included in the
installments payable under Option 3.
We will pay or credit at the end of each year such
additional interest as we may declare.
PART 9: TABLES OF PAYMENT OPTION AMOUNTS
The installment amounts shown in the tables that follow
are shown for each $1,000 applied. Amounts for payment
frequencies, periods or ages not shown will be furnished
upon request. Under Options 4 and 5, the installment
amount for younger ages than shown will be the same as
for the first age shown and for older ages than shown it
will be the same amount as for the last age shown.
The term "age" as used in the tables refers to the
adjusted age. Under Options 4 and 5, the adjusted age is
defined as follows:
(A) For surrender values, the age of the payee on the
payee's birthday nearest to the policy anniversary
nearest the date of surrender.
(B) For death proceeds, the age of the payee on the
payee's birthday nearest the effective date of the
payment option elected.
Under Option 7, the adjusted age is the age on the
birthday nearest to the policy anniversary nearest the
date of surrender.
Option 3 - Payments for a specified period
<TABLE>
- ----------------------------------------------------------------------------------------------------------------------------------
Number of Years 5 6 7 8 9 10 11 12 13 14 15
- ----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Annual Installments $211.99 179.22 155.80 138.31 124.69 113.82 104.93 97.54 91.29 85.95 81.33
Mo. Installments $17.91 15.14 13.16 11.68 10.53 9.61 8.86 8.24 7.71 7.26 6.87
- ----------------------------------------------------------------------------------------------------------------------------------
16 17 18 19 20 25 30
- ----------------------------------------------------------------------------------------------------
Annual Installments 77.29 73.74 70.59 67.78 65.26 55.76 49.53
Mo. Installments 6.53 6.23 5.96 5.73 5.51 4.71
- ----------------------------------------------------------------------------------------------------
*Option 4 -Life annuity with specified period certain
- -----------------------------------------------------------------------------------------------------------------------------------
Age Installment Refund 10 Yrs Certain 20 Yrs. Certain Age Installment Refund 10 Yrs Certain 20 Yrs. Certain
of -------------------------------------------------------- of ---------------------------------------------------
Payee Male Female Male Female Male Female Payee Male Female Male Female Male Female
- ------------------------------------------------------------------------------------------------------------------------------------
10 $3.08 $3.03 $3.08 $2.99 $3.00 $2.94 50 $4.36 $4.12 $4.50 $4.10 $4.28 $3.99
15 3.14 3.09 3.15 3.04 3.07 3.00 55 4.76 4.47 4.95 4.47 4.61 4.31
20 3.22 3.16 3.24 3.11 3.15 3.07 50 5.28 4.93 5.54 4.96 4.97 4.67
25 3.33 3.24 3.34 3.20 3.25 3.15 65 5.97 5.54 6.30 5.63 5.29 5.06
30 3.45 3.35 3.47 3.30 3.38 3.25 70 6.91 6.39 7.24 6.50 5.43 5.31
35 3.61 3.48 3.64 3.43 3.55 3.38 75 8.21 7.57 8.26 7.55 5.44 5.40
40 3.80 3.64 3.86 3.60 3.74 3.54 50 10.04 9.26 9.12 8.60 5.46 5.46
45 4.05 3.85 4.14 3.82 3.99 3.74 85 12.81 11.68 9.80 9.31 5.46 5.46
- ------------------------------------------------------------------------------------------------------------------------------------
</TABLE>
-21-
<PAGE>
OPTION 5 - LIFE ANNUITY
-----------------------------------------------------------------
Age of Age of
Payee Male Female Payee Male Female
-----------------------------------------------------------------
10 3.17 3.12 50 4.62 4.28
15 3.24 3.18 55 5.12 4.89
20 3.32 3.25 60 5.79 5.24
25 3.42 3.34 65 6.75 6.04
30 3.56 3.44 70 8.15 7.22
35 3.73 3.58 75 10.26 9.03
40 3.95 3.75 80 13.54 11.88
45 4.24 3.98 85 18.72 16.54
-----------------------------------------------------------------
* OPTION 7 - JOINT SURVIVORSHIP ANNUITY WITH 10-YEAR PERIOD CERTAIN
<TABLE>
<CAPTION>
- -------------------------------------------------------------------------------------------------
Age of Age of Insured Age of Age of Insured
-------------------------- -------------------------------
Other Other
Annuitant Male Annuitant Male
--------------------------------------------------------------------------------
F 55 50 65 F 55 60 65
- -------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C>
40 3.62 3.54 3.65 60 4.43 4.64 4.82
45 3.80 3.93 3.86 65 4.61 4.93 5.23
50 4.00 4.07 4.12 70 4.75 5.18 5.83
55 4.22 4.34 4.44 75 4.86 5.35 5.96
- -------------------------------------------------------------------------------------------------
Age of Age of Insured Age of Age of Insured
-------------------------- -------------------------------
Other Other
Annuitant Female Annuitant Female
--------------------------------------------------------------------------------
F 55 50 65 F 55 60 65
- -------------------------------------------------------------------------------------------------
40 3.72 3.77 3.80 60 4.34 4.64 4.93
45 3.89 3.97 4.03 65 4.44 4.82 5.23
50 4.08 4.19 4.31 70 4.50 4.95 5.48
55 4.22 4.43 4.61 75 4.54 5.03 5.65
- -------------------------------------------------------------------------------------------------
* Minimum monthly income for each $1,000 applied.
</TABLE>
-22-
<PAGE>
Flexible Premium Variable Universal Life Insurance Policy
The death benefit and other values provided under this policy are based on the
rates of interest credited on any amounts allocated to the Guaranteed Interest
Account and the investment experience of the sub-accounts within our Separate
Account to which your premiums are allocated Thus, the death benefit and other
values may increase or decrease in amount or duration. See Part 7 for a
description of how the death benefit is determined.
Eligible for Annual Dividends
<PAGE>
DEATH BENEFIT PROTECTION RIDER
This rider is part of the policy to which it is
attached, if it and its monthly charge are listed on
the policy Schedule Pages. Except as stated in this
rider, it is subject to all of the provisions
contained in the policy.
GENERAL
RIDER DATE The date of this rider is as shown on the policy's
Schedule Pages.
MONTHLY RIDER While this rider is in effect (either Part A, or Part B
CHARGE or both), a monthly rider charge will be included as part
of the policy's monthly deduction described in Part 4 of
the policy. The monthly charge is listed on the policy's
Schedule Pages.
RIDER TERMINATION Unless Part A or Part B has earlier terminated as
DATE provided below, both Part A and Part B of this rider will
terminate, on the earliest of the following events:
1. a surrender of the policy for its full cash
surrender value;
2. our receipt of your written request to cancel this
rider, which shall be effective as of the next
Monthly Calculation Day;
3. termination of the policy.
PART A: GUARANTEED DEATH BENEFIT
While this Part A is in effect, on any Monthly
Calculation Day that this policy would otherwise lapse
due to failure of the policy's cash surrender value to
cover the required monthly deduction, the policy will
nonetheless continue in force during that policy month.
The monthly deduction will continue to be deducted from
the policy value to the extent possible, and we will
waive any excess not covered. See the "Grace Period and
Lapse" provision in Part 4 of the policy.
CONDITIONS On every Monthly Calculation Day that this rider is in
effect and provided this Part A has not otherwise
terminated as provided under the Termination section
below, we will test this policy to determine whether
sufficient premiums have been paid or whether the
policy's then cash surrender value is sufficiently large
to continue Part A of this rider in effect Part A will
remain in effect for that policy month if, on that
Monthly Calculation Day, any of the following tests are
satisfied.
1. Total Cumulative Premium Test. - The total premium
paid by you, less the sum of all partial surrender
amounts paid by us, at least equals the cumulative
sum of all Monthly Guarantee Premiums applicable for
each policy month since the Rider Date.
2. Annual Cumulative Premium Test - The total premium
paid by you during the current policy year, less the
sum of all partial surrender amounts paid by us
during such period, at least equals the cumulative
sum of all Monthly Guarantee Premiums applicable for
each policy month since the beginning of that
policy year.
-1-
<PAGE>
3. Tabular Account Value Test - The policy's cash
surrender value on that Monthly Calculation Day is
not less than the policy's Tabular Account Value on
the policy anniversary coinciding with that Monthly
Calculation Day, or the immediately preceding policy
anniversary if the Monthly Calculation Day is not a
policy anniversary. The policy's Tabular Account
Value is shown on the policy's Schedule Pages.
The initial Monthly Guarantee Premium applicable on the
Rider Date is as shown on the policy's Schedule Pages,
and may change for later months due to subsequent policy
changes such as a change in face, a change in death
benefit option, an extension of the Expiry Date for Part
A of this rider, or the addition, change or termination
of a rider. We will send you Revised Schedule Pages
reflecting any such change.
TERMINATION If on any Monthly Calculation Day none of the
above conditions is satisfied, a grace period of 31 days
will be allowed for the payment of an amount at least
equal to three times the Monthly Guarantee Premium. Part
A of this rider will continue in effect during such grace
period. If such premium amount is not received by us by
the end of the grace period, Part A of this rider will
terminate as of the end of that grace period, and for all
policy months thereafter be of no further force or effect
Upon such termination of this Part A, the regular Grace
Period and Lapse provisions described in Part 4 of the
policy shall again apply.
Unless earlier terminated, this Part A will terminate on
the first of any of the following events to occur:
1. if and when any debt under this policy exceeds the
policy's loan value;
2. if and when the face amount of this policy is
reduced by request for decrease or by partial
surrender to an amount less than $50,000;
3. upon the Expiry Date shown for Part A of this rider
on the policy's Schedule Pages, unless extended
under the Extension provision below.
EXTENSION Provided Part A of this rider has not previously
terminated, on the Expiry Date f or Part A of this
rider you may request that we extend the Expiry Date for
such extended period as we may agree. No extension will
be permitted unless the policy's cash surrender value on
that Expiry Date equals or exceeds the Tabular Account
Value for such date as shown on the policy's Schedule
Pages. We will send you Revised Schedule Pages
reflecting any such change in Expiry Date.
PART B: SPECIAL PARTIAL SURRENDER OPTION
While this Part B is in effect, beginning on the later of
the policy anniversary nearest the insured's age 60 or
the 15th policy year, the "Partial Surrender" provision
in Part 6 of the policy is amended to additionally allow
the following special partial surrender option. A
special partial surrender under this option will cause
the policy value
VR24 -2-
<PAGE>
to be reduced by only the partial surrender amount paid
and the partial surrender charge. No partial surrender
fee will apply. The face amount of the policy will not
be reduced by the reduction in the policy value.
CONDITIONS This special partial surrender option is only permitted
for partial surrenders on a policy anniversary, and
provided that the policy's then cash surrender value
exceeds the Tabular Account Value for such date. In
addition, the partial surrender amount paid may not
exceed any of the following:
1. the excess of the policy's cash surrender value over
the policy's then Tabular Account Value;
2. the greater of 5% of the policy's then cash
surrender value or 2% of the policy's then Face
Amount;
3. $25,000
TERMINATION This Part B will terminate if and when Part A terminates
other than a termination of Part A due to attainment of
its Expiry Date.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young
Secretary Registrar
VR24 -3-
<PAGE>
POLICY AMENDMENT
CASH VALUE ACCUMULATION TEST
This amendment is part of the policy to which it is
attached.
TOTAL PREMIUM LIMIT The provision entitled "Total Premium Limit" in Part 4 of
the policy is replaced by the following:
Our acceptance of any premium payment which would
increase the Death Benefit by more than it would
increase the Policy Value, shall be subject to evidence
of insurability satisfactory to us.
HOW DEATH BENEFIT The provision entitled "How Death Benefit is Determined"
IS DETERMINED in Part 7 is replaced by the following:
The death benefit equals the policy's face amount on
the date of the insured's death or, if greater, the
minimum death benefit on the date of death as defined
below.
The minimum death benefit is the policy value on the
date of death of the insured multiplied by the
applicable factor from the table attached, based on the
insured's attained age, sex, and smoking status at the
beginning of the policy year in which the death occurs.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young
Secretary
1
<PAGE>
VARIABLE LIFE POLICY EXCHANGE OPTION
RIDER
This rider is a part of the policy to which it is
attached. Except as stated in this rider, it is subject
to all of the provisions contained in the policy.
DEFINITIONS The original policy is the policy to which this rider is
attached. The cash value of the original policy is
defined as the policy's Policy Value less any applicable
surrender charge.
A corresponding whole life policy is a policy that we
offer as of the Date of Exchange which provides whole
life insurance coverage with level premiums and a level
face amount, based upon the issue age and risk
classification of the insured under the original policy.
The cash value of the corresponding whole life policy is
defined as the sum of the guaranteed cash value of the
base policy and the termination dividend that would then
apply to that policy based on our then current dividend
scale.
POLICY EXCHANGE The owner may exchange this policy for a new policy on
OPTION the life of the insured, without evidence of
insurability, if this policy has been in force for
at least 15 years and the insured has attained age 65.
HOW TO EXERCISE To exercise this option, you must file an exchange
THE OPTION application at our Main Administrative Office. It must
be signed by you. We must also receive:
a. The release of any lien against or assignment of
the original policy. However, you may instead
submit written approval by the lienholders or
assignees of the exchange of policies in a form
satisfactory to us with such other documents as we
may require.
b. The surrender and release of the original policy.
c. Payment of any amounts due to us for the exchange
as described in the Exchange Adjustments section
below.
Unless otherwise provided in the exchange application,
the owner and the beneficiary of the new policy will be
the same as under the original policy. If the owner of
the new policy is different, we will require evidence of
insurable interest in the life of the insured under that
new policy. The application for the original policy
shall be considered part of the application for the new
policy. The new policy will be issued on the basis of
the exchange application, the application for the
original policy and any evidence of insurability
submitted for issuance of the original policy with
respect to the life insured under that new policy.
The Date of Exchange will be the policy anniversary
following the later of:
a. our receipt of the exchange application;
b. payment of the Exchange Adjustments for the new
policy; and
c. our approval of insurable interest, if applicable.
The new policy will take effect on the Date of Exchange.
When the new policy takes effect, the original policy
shall terminate.
1
<PAGE>
THE NEW POLICY The Policy Date of the new policy will be the same as the
Policy Date of the original policy.
The issue age of the insured under the new policy will be
as shown on the Schedule Pages of the original policy.
The new policy will be written on any plan of whole life
insurance with a level face amount and level premiums
that we make available as of the Date of Exchange. The
premium classification and any exclusions applicable to
the new policy will be determined in accordance with our
rules and practices in effect on the original policy's
Policy Date.
The face amount of the new policy will be dependent upon
the relationship of the cash value of a corresponding
whole life policy to the cash value of the original
Variable Universal Life policy, as of the Date of
Exchange.
A. If the cash value of the corresponding whole life
policy, for the same face amount as the original
policy, would be greater than or equal to the cash
value of the original policy, you may elect the
face amount of the new policy from the following
options:
1. Same Face Amount - A face amount which is the
same as the face amount of the original
policy.
2. Same Cash Value - A face amount such that the
cash value of the new policy equals the cash
value of the original policy as of the Date
of Exchange.
3. Same Net Amount at Risk - A face amount such
that the excess of the face amount over the
corresponding cash value on the new policy is
equal to the excess of the death benefit over
the cash value of the original policy as of
the Date of Exchange.
B. If the cash value of the corresponding whole life
policy, for the same face amount as the original
policy, is less than the cash value of the
original policy, then the face amount of the new
policy would be determined based upon the same net
amount at risk. Thus, the face amount of the new
policy would be such that the excess of the face
amount over the cash value of the new policy would
be equal to the excess of the death benefit over
the cash value of the original policy as of the
Date of Exchange.
If, however, you elect to exchange this policy
within 30 days of the date for which this option
first becomes available to you, then you may
exchange to a new policy such that the face amount
on the new policy is the same as that of the
original policy.
If the death benefit in effect under the original
policy as of the Date of Exchange is equal to the
"minimum death benefit" as defined in that policy,
then the face amount of the new policy may be
increased, if so desired, without evidence of
insurability, by the lesser of 15% of the face
amount of the original policy or $100,000.
2
<PAGE>
Any rider contained in the original policy or additional
riders may be included in the new policy only if we
consent. The new policy will conform to all of the
requirements of the jurisdiction in which it is issued
regardless of any terms of this rider providing to the
contrary.
The two year period provided for in the Incontestability
and Suicide provisions of the new policy will be
considered to have begun on the Policy Date of the
original policy. However, new benefits not in the
original policy, or an increase in benefits would be
subject to a new suicide or contestability period.
EXCHANGE The exchange is subject to the following adjustments:
ADJUSTMENTS
1. If the cash value under the new policy is less
than that under the original policy as of the Date
of Exchange, we will pay you the difference in the
cash values.
2. If the cash value under the new policy is greater
than that under the original policy as of the Date
of Exchange, you must pay us 105% of the excess of
the cash value of the new policy over the cash
value of the original policy.
3. The exchange will also be subject to our receipt
of repayment of the amount of any policy debt
under the original policy on the Date of Exchange.
RIDER CHARGES There are no monthly charges for this rider.
NEW POLICY PREMIUM The rates for the new policy will be based on our
published rates in effect on the Date of Exchange for the
insured's age and risk classification as of the Policy
Date of the original policy. Premiums for the new policy
will be first due on the Date of Exchange, and thereafter
as specified in the new policy.
TERMINATION OF This rider will terminate on the earlier of:
THIS RIDER
a. termination of the original policy for any reason,
including, but not limited to, lapse, surrender,
exchange of the policy, or death of the insured;
and
b. your written request to cancel this rider.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young
Secretary
3
<PAGE>
TEMPORARY MONEY MARKET ALLOCATION
AMENDMENT
THIS AMENDMENT IS ISSUED AS PART OF THE POLICY TO WHICH
IT IS ATTACHED IF IT IS LISTED ON THE SCHEDULE PAGE OF
THE POLICY OR IN AN ENDORSEMENT AFTER THAT PAGE. YOU
SHOULD THEREFORE REVIEW THE POLICY'S SCHEDULE PAGE FOR
APPLICABILITY.
REFUND RIGHT AND The refund right stated in the Right to Cancel provision
TEMPORARY MONEY on the cover page of the policy is amended to provide for
MARKET SUB-ACCOUNT a full refund of any premium paid less any unpaid loans
ALLOCATION and loan interest and less any partial surrender amounts
paid, if the returned policy is received by us at our
Variable and Universal Life Division prior to termination
of the Right to Cancel Period.
PREMIUM ALLOCATION The provision in Part 4, entitled "Premium Allocation to
Sub-accounts," is amended to provide that the issue
premium will temporarily be applied on its Payment Date
entirely to the Money Market sub-account until
termination of the Right to Cancel period stated on the
cover page of the policy. UPON TERMINATION OF SUCH
PERIOD WITHOUT PRIOR RECEIPT AT OUR VARIABLE AND
UNIVERSAL LIFE DIVISION OF THE RETURNED POLICY FOR A
REFUND, THE THEN VALUE OF THIS POLICY'S SHARE IN THE
MONEY MARKET SUB-ACCOUNT WILL AUTOMATICALLY BE
REALLOCATED BASED ON THE PREMIUM ALLOCATION SCHEDULE
ELECTED IN THE APPLICATION OR AS LATER CHANGED BY YOU.
The resultant share of this policy in the value of each
of the respective sub-accounts on the date of transfer
shall be in the same percentages of the then total policy
value as the premium allocation percentages elected in
the application or as later changed by you.
MONTHLY DEDUCTION The provision in Part 4, entitled "Monthly Deduction," is
amended to provide that until termination of the Right to
Cancel period stated on the cover page of the policy, the
monthly deduction will be taken entirely from the Money
Market sub-account.
TRANSFERS The provision in Part 6, entitled "Transfers," is amended
to provide that no transfers may be made until
termination of the Right to Cancel period stated on the
cover page.
LOAN INTEREST The provision in Part 6, entitled "Loan Interest" is
amended to provide that, until termination of the Right
to Cancel period, any debt repayments will temporarily be
applied to the Money Market sub-account and reallocated
in the same manner as provided above for the issue
premium.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ Robert W. Fiondella
Secretary Chief Executive Officer
/s/ S. Gilmore
Registrar
<PAGE>
ACCIDENTAL DEATH BENEFIT RIDER
This rider is part of the policy to which it is attached
if it and its premium are listed on the Schedule Page of
the policy or in an endorsement after that page. You
should therefore review the policy's Schedule Page for
applicability. Except as otherwise stated below, this
rider is subject to all of the provisions contained in
the policy.
Coverage under this rider will begin in effect on the
Rider Date shown for this rider on the policy's Schedule
Page provided:
a. for a Rider Date that occurs during the first
policy year, the policy value on the Rider Date at
least equals the full monthly deduction for the
policy (including the rider charge);
b. for a Rider Date that occurs during the second
policy year and any succeeding policy years, the
policy cash surrender value on the Rider Date at
least equals the full monthly deduction for the
policy (including the rider charge).
RIDER BENEFIT Subject to the terms stated in this rider we will add the
DESCRIPTION amount stated for this rider on the policy's Schedule
Page to the death proceeds payable under the policy if we
receive satisfactory proof that:
a. the insured's death resulted, directly and
independently of all other causes, from an
accidental bodily injury;
b. such injury was effected solely through external
and violent causes;
c. such injury was evidenced by a visible contusion
or wound on the exterior of the body, except for
drowning or internal injury revealed by autopsy;
and
d. the death occurred:
1. after the date this rider took effect;
2. before this rider terminates;
3. while the policy is in force;
4. no later than 90 days after the date of injury;
and
5. before the policy anniversary nearest the
insured's 75th birthday.
EXCLUSIONS The rider benefit will not be payable if the insured's
death
resulted directly or indirectly from, or was contributed
to by, any one or more of the factors listed below:
a. Physical or mental infirmity or disease.
b. Medical or surgical treatment.
c. Suicide while sane or insane.
d. Bodily injury received as the result of declared
or undeclared war.
1
<PAGE>
e. Bodily injury received as the result of
international police action with force of arms by:
1. any country;
2. the United Nations; or
3. any other assembly of nations.
f. Travel, flight, or descent from or with any kind
of aircraft:
1. used for testing, experimental, military or naval
purposes;
2. used for the purpose of the insured's descent from
such aircraft while in flight, including descent
by parachute; or
3. used for any purpose if the insured was acting as
or training to become a pilot, co-pilot, crew
member, or mechanic, or was acting in any capacity
other than solely as a passenger.
A hang glider is an aircraft for the purpose of this
rider.
g. The commission by the insured or attempt to commit
an assault or crime.
h. Bacterial infection unless the infection occurs
simultaneously with and through an accidental cut
or wound.
i. The administration, inhalation, or taking of any
drug, poison, gas or fumes, whether voluntary or
otherwise, unless administered on and in
accordance with the advice of the insured's
physician.
RIGHT TO REQUIRE We have the right and must be given the opportunity to
AUTOPSY examine the body and make an autopsy, unless it is
forbidden by law.
THE PAYEE Any benefit that becomes payable under this rider will be
paid to the same payee and in the same manner as provided
in the policy for the death proceeds.
MONTHLY RIDER The monthly charges for coverage under this rider are
CHARGES included in and part of the monthly deduction for the
policy. They are deducted on each Monthly Calculation Day
until coverage under this rider terminates.
TERMINATION OF Coverage under this rider will terminate on the earliest
of:
COVERAGE UNDER
THIS RIDER a. full surrender of the policy;
b. lapse of the policy;
c. the policy anniversary nearest the insured's 75th
birthday;
d. our receipt on any Monthly Calculation Day of your
written request along with the policy, to cancel
coverage under this rider.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ S. Gilmore
Secretary Registrar
2
<PAGE>
DISABILITY PAYMENT OF SPECIFIED ANNUAL
PREMIUM AMOUNT RIDER
This rider is part of the policy to which it is attached
if it and its premium are listed on the Schedule Page of
the policy or in an endorsement after that page. You
should therefore review the policy's Schedule Page for
applicability. Except as otherwise stated below this
rider is subject to all of the provisions contained in
the policy.
Coverage under this rider will begin in effect on the
Rider Date shown for this rider on the policy's Schedule
Page provided:
a. for a Rider Date that occurs during the first
policy year, the policy value on the Rider Date at
least equals the full monthly deduction for the
policy (including the rider charge);
b. for a Rider date that occurs during the second
policy year and any succeeding policy years, the
policy cash surrender value on the Rider Date at
least equals the full monthly deduction for the
policy (including the rider charge).
DEFINITION OF Incapacity of the insured as a result of bodily injury or
TOTAL DISABILITY disease to engage for remuneration or profit in any
occupation for which the insured is or becomes qualified:
a. by training;
b. by education; or
c. by experience.
Total disability is also defined to include the insured's
entire and irrecoverable loss through bodily injury or
disease of:
a. the sight of both eyes;
b. the use of both hands or both feet; or
c. the use of one hand and one foot.
SPECIFIED ANNUAL The specified annual premium amount as shown with respect
PREMIUM AMOUNT to this rider on the policy's Schedule Page is the
BENEFITS maximum amount payable under this rider during a policy
year. The specified frequency premium amount on any
premium due date equals the specified annual premium
amount divided by the number of premiums due during a
policy year based on the premium frequency in effect for
the policy on that premium due date.
Subject to the terms of this rider we will credit the
policy with the specified frequency premium amount on
each premium due date during the existence of any total
disability of at least 6 months' continuous duration, but
prior to the later of:
a. the policy anniversary nearest the insured's 65th
birthday; or
b. one year from the date the total disability
commenced if such total disability commenced
within the one-year period prior to the policy
anniversary nearest the insured's 65th birthday.
1
<PAGE>
We will continue to credit the specified frequency
premium amount as described above on each premium due
date on or after the policy anniversary nearest the
insured's 65th birthday if benefits under this rider have
been credited or paid continuously during the entire 5-
year period just prior to that date. In that event any
such specified frequency premium amounts will continue to
be credited regardless of whether total disability
continues after that anniversary.
To the extent that the specified frequency premium
amounts to be credited exceed premium amounts allowed to
be paid under the policy due to the total premium limit,
such excess that would otherwise be credited will be paid
in cash to the owner of the policy.
The benefits and values under the policy will not be
reduced as a result of any specified frequency premium
amounts credited or paid under this rider.
LIMITATIONS AND We will not credit or pay any specified frequency premium
CONDITIONS amounts for premium due dates more than 1 year prior to
our receipt of written notice of claim at our Main
Administrative Office.
Nor will any specified frequency premium amounts be
credited or paid under this rider unless the following
conditions are satisfied:
1. We must receive at our Main Administrative Office
and during the lifetime of the insured written
notice of claim and due proof that
a. the insured is totally disabled at the time the
proof is furnished to us; and
b. the insured has been so totally disabled for the
entire 6-month period immediately preceding that
date.
Any such proof will be subject to the requirements
stated in the Required Proof of Disability section.
2. The total disability must not have directly
resulted from either:
a. injuries willfully and intentionally self-
inflicted; or
b. service by the insured in the military, naval, or
air force of any country at war. By "war" we mean
any declared war, undeclared war, or
international police action with force of arms by
any country, the United Nations, or any other
assembly of nations.
3. The total disability must have occurred:
a. after this rider's Rider Date;
b. after coverage under this rider begins;
c. before coverage under this rider terminates; and
d. while the policy is in force.
4. If the total disability occurs during the grace
period following the due date of a premium
required to keep the policy in force, that premium
must first be paid to us. If we permit the
premium to be paid after the grace period, the
payment must include interest on such amount at a
rate of 6% compounded annually.
2
<PAGE>
5. If coverage under this rider terminates or the
policy lapses or becomes void by its terms, we
must receive written notice of claim no later than
1 year from that date. This condition will not
apply if such notice was given as soon as
reasonably possible.
REQUIRED PROOF OF In addition to requiring proof of total disability
DISABILITY AND ITS before granting any benefits under this rider, we have
CONTINUANCE the right to require proof from time to time that the
total disability continues. As part of any such proof,
we shall have the right to have a physician of our
choosing conduct such physical exams of the insured as
we may reasonably require. After benefits under this
rider have been received for a period of disability of
more than 2 years, we will not require such exams more
frequently than once a year.
Should there be a failure to furnish such proof or a
refusal to permit such exams, or should the insured
cease to be totally disabled before the policy
anniversary nearest the insured's 65th birthday:
a. further specified frequency premium amounts will
not be credited or paid; and
b. any specified frequency premium amounts already
credited or paid after that date will be charged
as loans against the policy unless repaid to us.
THE PAYEE OF ANY If the insured is the owner of the policy and dies before
CASH PAYMENTS receiving payment of any amount that becomes due, such
payment will be made to the same beneficiary and in the
same manner as provided under the policy for payment of
death benefits. We may also do this if the insured is
the owner of the policy and we have evidence satisfactory
to us that the insured is mentally incompetent. Upon
such payment we shall no longer be liable for payment of
such amount.
LIMIT ON OUR RIGHT We cannot contest the validity of this rider except for
TO CONTEST THIS failure to pay premiums after it has been in force during
RIDER the lifetime of the insured for 2 years from the Rider
Date.
MONTHLY RIDER The monthly charge for coverage under this rider is
CHARGES included in and part of the monthly deduction for the
policy. It is deducted on each Monthly Calculation Day
until coverage under this rider terminates.
TERMINATION OF Coverage under this rider will terminate on the earliest
COVERAGE UNDER of:
THIS RIDER a. full surrender of the policy;
b. lapse of the policy;
c. death of the insured;
d. the policy anniversary nearest the insured's 65th
birthday, unless continued as provided under the
Specified Annual Premium Amount Benefits section;
or
e. our receipt on any Monthly Calculation Day of your
written request, along with the policy, to cancel
coverage under this rider.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ S. Gilmore
Secretary Registrar
3
<PAGE>
ADDITIONAL PURCHASE OPTION RIDER
This rider is part of the policy to which it is attached,
if it and its monthly charge are listed in the Rider
Schedule on the Schedule Page of the policy or in an
Endorsement after that page. Except as stated in this
rider, it is subject to all of the provisions contained
in the policy.
RIDER DATE OF ISSUE The date for this rider on the Schedule Page under the
section entitled Riders and Rider Benefits.
MAXIMUM AMOUNT OF The amount shown for this Rider on the Schedule Page
ADDITIONAL under the section entitled Riders and Rider Benefits.
INSURANCE THAT MAY
BE PURCHASED UPON
EXERCISE OF EACH
PURCHASE OPTION
DEFINITIONS
REGULAR OPTION Each policy anniversary nearest each of these birthdays
DATES of the insured: the 25th, 28th, 31st, 34th, 37th and 40th
birthdays.
ADVANCE OPTION The date of any of the following:
DATE
a. marriage of the insured;
b. live birth of a child of the insured;
c. legal adoption by the insured of a child under 18
years of age.
DISABILITY RIDER Disability Payment of Specified Annual Premium Amount
Rider.
THE PURCHASE OPTION While this rider is in effect and subject to its terms,
on each Regular Option Date, you have the option to
purchase a new policy on the life of the insured without
additional evidence of insurability. The amount of
insurance that you may purchase upon exercise of each
option is limited to the Maximum Amount stated above.
Provided it has not already been exercised, the purchase
option available on the next Regular Option Date will
become available on an Advance Option Date and may be
exercised in advance. Any purchase option exercised in
advance is no longer available on the next Regular Option
Date.
HOW TO EXERCISE THE To exercise the purchase option, you must file a written
PURCHASE OPTION application with us and pay the first minimum premium for
such additional insurance. The application and premium
must be received by us at our Main Administrative Office:
a. while the insured is alive; and
b. no later than 60 days after the option becomes
available.
After each Advance Option Date, coverage equal to the
Maximum Amount will automatically be provided under this
rider until the earlier of:
a. the end of the 60-day period following the Advance
Option Date; or
b. the date of issue of the new policy.
1
<PAGE>
THE NEW POLICY Premiums under the new policy will be at our then current
rates for the same risk classification as this policy.
The new policy must be any one of the following types of
insurance and currently in use by us:
a. variable life
b. universal life
c. whole life.
ORDINARY LIFE The new insurance will be subject to our rules then in
effect as to age, minimum amount and plan of insurance.
It will be subject to any limitations of risk contained
in your policy. It will not, however, be subject to any
assignments or liens against this policy. The limit on
our right to contest the validity of the new policy will
operate from the Rider Date of Issue.
If this policy contains a Disability Rider and the
insured is not totally disabled as defined in that rider
when the purchase option is exercised, the new policy
may contain that rider.
If this policy contains a Disability Rider and the
insured is totally disabled under the rider when the
purchase option is exercised, the new policy will contain
that rider. In that case, we will waive any requirement
of that rider that the disability occur after the new
policy took effect. Except to the extent as provided
above, our consent will be required for the new policy to
include any other disability, accidental death or any
other benefits.
MONTHLY RIDER The monthly charges for coverage under this rider are
CHARGES included in and are part of the monthly deduction for the
policy. They are deducted on each Monthly Calculation
Day until coverage under this rider terminates. The
amount of the monthly charge for this rider is shown on
the schedule page of the policy.
TERMINATION OF Subject to your right to exercise a purchase option
THIS RIDER within 60 days after an option becomes available, this
rider will terminate on the earliest of:
a. the death of the insured;
b. lapse or surrender of this policy;
c. the anniversary of this policy nearest the
insured's 40th birthday;
d. the exercise of a purchase option on an Advance
Option Date occurring within the 3-year period
prior to the anniversary of your policy nearest
the insured's 40th birthday;
e. our receipt of a written request to cancel this
rider; such cancellation will be effective on the
next Monthly Calculation Date.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ S. Gilmore
Secretary Registrar
2
<PAGE>
ACCELERATED BENEFIT RIDER
This rider is part of the policy to which it is attached,
effective as of the Rider Date, if it is listed on the
policy's Schedule Page or in an Endorsement after that
page. You should therefore review the policy's Schedule
Page for applicability. Except as stated in this rider,
it is subject to all of the provisions contained in the
policy.
THE BENEFIT PAID UNDER THIS RIDER MAY BE TAXABLE. YOU
SHOULD CONSULT YOUR PERSONAL TAX ADVISOR REGARDING
POSSIBLE TAX CONSEQUENCES.
RIDER DATE SAME AS POLICY DATE
MAXIMUM $300.00
ADMINISTRATIVE
CHARGE
MAXIMUM PROPORTION 75%
ALLOWABLE
MAXIMUM ACCELERATED $250,000
BENEFIT
MINIMUM REMAINING $10,000
FACE AMOUNT
DEFINITIONS INSURED is the person covered under the basic policy.
YOU (YOUR) is the owner of the policy to which this rider
is attached.
WE (OUR, US) refers to Phoenix Home Life Mutual Insurance
Company, or its subsidiaries.
ELIGIBLE AMOUNT is the amount of insurance under the
policy that is eligible for accelerated payment. It is
equal to the death benefit of the basic policy at the
time of claim plus any term insurance amounts in force
provided by rider on the life of the insured, which
provides coverage renewable to the insured's attained age
95 or beyond, but exclusive of any other supplemental
rider death benefits.
PROPORTION is the percentage of the Eligible Amount that
will be accelerated under this rider. The Proportion is
chosen by you at the time of election of an accelerated
benefit, subject to the following limitations. The
Proportion elected:
1. can be no more than the Maximum Proportion
Allowable as specified in this rider;
2. cannot result in a remaining death benefit below
the minimum as specified in this rider; and
3. cannot result in a Requested Benefit that exceeds
the Maximum Accelerated Benefit as specified in
this rider.
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<PAGE>
This rider terminates upon payment of the accelerated
benefit.
MAXIMUM ACCELERATED BENEFIT is the amount shown on the
first page of this rider. This Maximum Accelerated
Benefit applies, in aggregate, to all policies issued on
the insured by us.
REQUESTED BENEFIT is the Proportion multiplied by the
Eligible Amount.
TERMINAL ILLNESS is an illness or condition that is
expected to result in the insured's death within six
months based on evidence satisfactory to us as defined
under the Proof of Terminal Illness section below.
RIDER DESCRIPTION This rider allows you to elect an accelerated benefit
upon terminal illness of the insured. The election must
be made by a written request signed by you. We must also
receive proof satisfactory to us of the insured's
terminal illness as described in the Proof of Terminal
Illness section below. The amount of the accelerated
benefit will be adjusted as described under the Payment
Made to You section below. The resulting payment will be
made in a lump sum. Policy values, cash surrender
values, loan values and the death benefit as specified in
the policy to which this rider is attached will be
reduced if you receive an accelerated benefit. There is
no premium charge for this rider.
PAYMENT MADE TO YOU The amount of the payment made to you will be determined
by discounting the Requested Benefit at our then current
discounting rate for a period of twelve (12) months, to
reflect the early payment of insurance proceeds under the
policy.
Our discounting rate will be subject to the higher of:
1. 5%; or
2. the Published Monthly Average for the calendar
month ending two months before the policy
anniversary on or immediately preceding the date
that we receive your written request for payment
under this rider.
The Published Monthly Average will be:
a. The Corporate Bond Yield Average -- Monthly
Average Corporates as published by Moody's
Investors Service, Inc. or any successor to that
Service; or
b. If that Monthly Average is no longer published, a
substantially similar average, established by
regulation for policy loan rates issued by the
insurance supervisory official of the state where
the rider was delivered will be applicable.
If the discounting rate computed for a policy year is no
more than 1/2% higher than the rate in effect for the
previous policy year, then we will maintain such prior
year's rate.
If the discounting rate computed for a policy year is no
more than 1/2% lower than the rate in effect for the
previous policy year, then we may, at our discretion,
maintain such prior year's rate.
If the cash surrender value multiplied by the Proportion
exceeds the discounted value, then the discounted
Requested Benefit will be increased to equal such greater
amount.
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<PAGE>
The discounted Requested Benefit is reduced by the
Proportion of any policy debt, including any unpaid loan
interest, and the Proportion of any other amounts due us
from you. This result is then reduced by our then
current Administrative Charge for benefits under this
type of rider, not to exceed the maximum as specified in
this rider. The amount that remains is the payment that
will be made to you.
In the event that the insured dies after the written
request but before we make the payment, and we receive
written notice at our Main Administrative Office during
this period of this event, the request will be considered
void, and no payment will be made under this rider.
EFFECT ON CONTRACT The following values will be reduced by the Proportion at
the time the payment is made to you:
1. the future planned premium payable on the basic
policy;
2. the face amount of the policy at the time of
claim;
3. the cash value (policy value);
4. any remaining surrender charge;
5. the cash surrender value; and
6. any policy debt including any unpaid loan
interest.
If this rider is attached to a variable life insurance
policy that permits fund investment in various
subaccounts of our Variable Universal Life Separate
Account, the reduction in policy value will be achieved
through a proportionate reduction in this policy's share
in the value of each subaccount based on the allocation
you request at the time of your accelerated benefit
request. If no allocation request is made, the
assignment to each subaccount will be made in the same
manner as provided for monthly deductions.
Future values under the policy will be determined in a
manner consistent with that under the original policy, as
adjusted to reflect the above reductions. We will mail
to you a new policy Schedule Page reflecting any payment
made under this rider.
PROOF OF TERMINAL A licensed physician, who is not yourself or a member of
ILLNESS your family, must provide us with evidence satisfactory
to us of the insured's terminal illness. We reserve the
right to obtain a second medical opinion from a physician
of our choosing at our expense.
CONDITIONS Payment under this rider is subject to the following
conditions:
1. The policy must not have lapsed.
2. We will require the consent of any assignees and
irrevocable beneficiaries to any request for
payment under this rider.
3. No payments will be made under this rider to
satisfy the claims, demands, or obligations of any
creditor, trustee in bankruptcy or governmental
agency, or arising under any court order directed
against you, to the extent that we have written
notice thereof.
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<PAGE>
RIDER TERMINATION This rider will terminate on the earliest of:
1. Lapse or surrender of this policy to which it is
attached.
2. Our receipt of your written request to terminate
this rider; or
3. Payment of any benefit under this rider.
Phoenix Home Life Mutual Insurance Company
/s/ Dona D. Young /s/ S. Gilmore
Secretary Registrar
4
EXHIBIT 1A(6)(a)
Charter of Phoenix Home Life
<PAGE>
EXHIBIT A
CHARTER
of
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY
Corporate Name
ARTICLE I. The name of the Corporation shall hereafter be "Phoenix Home Life
Mutual Insurance Company". The Corporation shall be a continuation of the
corporate existence of Phoenix Mutual Life Insurance Company (originally
incorporated under the name American Temperance Life Insurance Company) by the
Connecticut General Assembly at its 1851 session and, immediately prior hereto,
redomesticated as a New York corporation pursuant to Article 71 of the Insurance
Law of the State of New York following its merger pursuant to Article 71 of the
Insurance Law of the State of New York with Home Life Insurance Company.
Principal Office
ARTICLE II. The Corporation shall have a principal office in East Greenbush,
County of Rensselaer in the State of New York.
Business of the
Corporation
ARTICLE III. The business of the Corporation shall be life insurance,
endowments, annuities, accident insurance, health insurance and any other
business or type of business as may be authorized by and under Paragraphs 1, 2
and 3 of Section 1113(a) of the Insurance Law of the State of New York; and the
Corporation is specifically empowered to accept and to cede reinsurance of any
such risks or hazards. The Corporation may undertake such other reinsurance
business as may be permitted to it by Section 1114 of said Insurance Law and
such other kinds of business as permitted under Section 4205 of said Insurance
Law. The Corporation shall also have the power and authority to provide general
investment advisory and financial management services and to conduct and carry
on any other kind or kinds of business permitted to be conducted by mutual life
insurance companies under the Insurance Law of the State of New York, and to
invest in affiliated entities to the extent permitted by said Insurance Law, and
shall have the right and authority to undertake and provide such additional
kinds of reinsurance and other coverages as may hereafter be permitted by said
Insurance Law, as well as the general rights, powers and privileges now or
hereafter granted by the Insurance Law of the State of New York or any other law
applicable to mutual life insurance companies having power to do the kinds of
business herein above referred to and any and all other rights, powers and
privileges of the Corporation as the same may now or hereafter be declared by
applicable law.
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<PAGE>
The Corporation may exercise such powers outside of New York to the extent
permitted by the laws of the particular jurisdiction. Policies or other
contracts may be issued stipulated to be participating or non-participating; and
they may be with or without seal.
Mutual Company
ARTICLE IV. The Corporation shall have no capital stock but shall be a mutual
company.
ARTICLE V. The care and direction of the affairs, business and property of the
Corporation shall be vested in a Board of Directors consisting of not fewer than
thirteen (13) nor more than thirty (30) Directors, as may be determined from
time to time by the Board of Directors.
Each Director shall be at least eighteen (18) years of age and at all times the
majority shall be citizens and residents of the United States. Not fewer than
three (3) Directors shall be residents of the State of New York.
The Board of Directors will have the power to make from time to time such
bylaws, rules and regulations for the transaction of the business of the
Corporation and the conduct of its affairs, not inconsistent with this Charter
and the laws of the State of New York, as may be deemed expedient, and to amend
or repeal such bylaws, rules and regulations.
Election of
Directors
ARTICLE VI. The Directors of the Corporation shall be elected by those persons
entitled to vote as prescribed by law, voting by ballot alone and not by proxy.
The Officers of the Corporation shall be elected or appointed by the Board of
Directors.
An annual election of Directors shall be held on the third Tuesday of February
each year at the home office of the Corporation in the manner prescribed by law.
The Directors shall be divided into three (3) classes, as nearly equal in number
as may be, so that each class shall be elected for terms of three (3) years and
the terms of office of only one (1) class shall expire at each annual election
of Directors, and as the respective terms of office of Directors shall expire,
their successors shall be elected for terms of three (3) years, except as
otherwise contemplated by this Article VI. Any newly created Directorships or
any decrease in Directorships shall be so apportioned by the Board of Directors
among the classes of Directors as to make all classes as nearly equal number as
may be. Whenever the number of Directors is increased by the Board of Directors
and any vacancies resulting from the newly created Directorships are filled by
the Board of Directors, there shall not be any classification of the additional
Directors until the next annual election of Directors.
Vacancies on the Board of Directors, including vacancies resulting from any
increase in the authorized number of Directors, may be filled by the Board of
Directors.
Perpetual Duration
ARTICLE VII. The duration of the Corporation shall be perpetual.
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<PAGE>
ARTICLE VIII. No Director shall be personally liable to the Corporation or any
of its policyholders for damages for any breach of duty as a Director; provided,
however, that the foregoing provision shall not eliminate or limit (i) the
liability of a Director if a judgment or other final adjudication adverse to the
Director establishes that the Director personally gained in fact a financial
profit or other advantage to which he or she was not legally entitled or that
the Director's acts or omissions were in bad faith or involved intentional
misconduct or were acts or omissions (a) which the Director knew or reasonably
should have known violated the Insurance Law of the State of New York, or (b)
which violated a specific standard of care imposed on Directors directly, and
not by reference, by a provision of the Insurance Law of the State of New York
(or any regulations promulgated thereunder), or (c) which constituted a knowing
violation of any other law; or (ii) the liability of a Director for any act or
omission prior to the adoption of this Article VIII.
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EXHIBIT 1A(6)(b)
By-Laws of Phoenix Home Life
<PAGE>
EXHIBIT B
BYLAWS
of
PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY
ARTICLE I
Meetings of the Company
Annual Meeting;
Special Meetings
Section 1.1 The Annual Meeting of the Company for the transaction of such
business as the Board of Directors shall from time to time prescribe, shall be
held on the fourth Monday of February of each year and at such time and place as
the Board of Directors by resolution adopted at least sixty (60) days prior to
such Annual Meeting shall specify. Special meetings may be called at any time at
the direction of the Chief Executive Officer and shall be called at any time in
accordance with the vote of the Directors, or at the written request of any six
(6) of them.
Statements of
Operations and
Conditions
Section 1.2 At each Annual Meeting there shall be presented to the policyholders
of the Company a report of the operations of the Company for the preceding
calendar year and a statement of its financial condition.
Notice of
Meetings
Section 1.3 Notice of the Annual Meeting or any special meeting shall be given
to policyholders of the Company by publication in the same manner as prescribed
by the New York Insurance Law for notice of the election of Directors or by such
other means as the Board may from time to time prescribe.
Quorum
Section 1.4 At any meeting of the Company those policyholders present in person
shall constitute a quorum.
Chairman and
Secretary of
Meetings
Section 1.5 The person designated pursuant to Section 2.10 hereof to preside at
meetings of the Board of Directors shall act as Chairman of the meeting. The
Secretary of the Board of Directors, unless he or she is absent or elects not to
serve, shall act as the secretary of the meeting. Unless otherwise voted, the
order of business at the meeting shall be as prescribed by the Chief Executive
Officer or by such other person as may be presiding.
ARTICLE II
Board of Directors
Number,
Quorum and
Adjournments
Section 2.1 The authorized number of Directors of the Company shall be such
number, not less than thirteen (13) nor more than thirty (30), as may be
determined by a majority
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<PAGE>
of the authorized number of Directors immediately prior to any such
determination. No decrease in the authorized number of Directors shall shorten
the term of any incumbent Director. At least two (2) of the principal Officers
of the Company shall be Directors but the number of officers and salaried
employees who are Directors shall at all time be less than a quorum of the Board
of Directors. A majority of the authorized number of Directors, at least one (1)
of whom shall be a person as described in Section 1202(b)(1) of the New York
Insurance Law (hereinafter referred to in these Bylaws as "Independent
Director(s)"), shall constitute a quorum for the transaction of business. Except
as otherwise provided by law or these Bylaws, the vote of a majority of the
Directors present at the time of the vote, if a quorum is present at such time,
shall be the act of the Board. A majority of the Directors present, whether or
not a quorum shall be present, may adjourn any meeting. Notice of the time and
place of an adjourned meeting of the Board shall be given if and as determined
by a majority of the Directors present at the time of the adjournment.
Regular Board
Meetings
Section 2.2 No fewer than four (4) regular meetings of the Board of Directors
shall be held each year at such place within the State of New York, on such
dates and at such hours as the Board may from time to time determine. Additional
regular meetings of the Board for the transaction of any business shall be held
at such places and on such dates and at such hours as the Board may from time to
time determine. Provided that no fewer than four (4) regular meetings of the
Board shall have been or will be held in the State of New York during any
calendar year, one (1) of such additional regular meetings during such calendar
year may be held elsewhere within the United States or Canada in a jurisdiction
in which the Company is licensed to do business. Except as otherwise required by
law or these Bylaws, notice of regular meetings need not be given.
Special
Board
Meetings
Waiver of
Notice
Section 2.3 Special meetings of the Board shall be held whenever called by the
Chief Executive Officer or by any three (3) Directors. Notice of each such
special meeting shall be mailed to each Director at such Director's residence or
usual place of business or other address filed with the Secretary to the Board
for such purpose, or shall be sent to such Director by any form of
telecommunication, or be delivered or given to such Director personally or by
telephone, not later than the second day preceding the day on which such meeting
is to be held. Notice of any meeting of the Board need not, however, be given to
any Director who submits a signed waiver of notice, whether before or after the
meeting, or who attends the meeting without protesting, prior thereto or at its
commencement, the lack of notice. Every such notice shall state the time and
place but, except as otherwise required by law or these Bylaws, need not state
the purpose of the meeting.
Election of
Directors
Section 2.4 The annual election of Directors shall be held on the third Tuesday
of February of each year. The Directors of the Company shall be elected by
policyholders as prescribed by law.
Qualification of
Directors
and Term
Section 2.5 No person may stand for election or re-election or be appointed as a
Director if during the three (3) years following election he or she would attain
the age of seventy
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<PAGE>
(70) years. All Directors shall serve through the third Annual Meeting of the
Company following their election, unless elected or appointed for a lesser term,
and until their successors are elected and qualified, provided, however, that
with the exception of the Chief Executive Officer, the term of a Director who is
an Officer of the Company shall expire on the date that such Director retires or
resigns as an Officer of the Company. The foregoing notwithstanding, to the
extent any Director fails to conduct himself or herself in accordance with such
written standards as may be established from time to time by the Board of
Directors, then such Director may be removed through affirmative vote of at
least two-thirds of the remaining Directors.
Organization
Meeting of
Directors
Section 2.6 As soon as practicable following the Annual Meeting of the Company,
the Directors shall commence a regular meeting of the Board which shall be the
Organization Meeting of the Board. At such meeting the Board shall elect
Officers and take such other actions as they deem appropriate, including a
review of the annual report, appointment of auditor, and appointment of
Directors to Board committees.
Participation
by Telephone
Section 2.7 Any one (1) or more members of the Board or any committee thereof
may participate in any meeting of the Board or such committee by means of a
conference telephone or similar communications equipment allowing all persons
participating in the meeting to hear each other at the same time. Participation
by such means shall constitute presence in person at a meeting of the Board or
such committee for quorum and voting purposes.
Action Without
a Board
Meeting
Section 2.8 If in the opinion of the Chief Executive Officer circumstances exist
which require the immediate taking of any action which is required or permitted
to be taken by the Board or any committee thereof, such action may be taken
without a meeting if all members of the Board or such committee consent in
writing to the adoption of a resolution authorizing the action. The resolution
and the written consents thereto by the members of the Board or such committee
shall be filed with the minutes of the proceedings of the Board or committee.
Board
Vacancies
Section 2.9 Any vacancy in the Board, including any vacancy resulting from an
increase in the authorized number of Directors, may be filled, until the next
annual election of Directors, at any regular or special meeting of the Board by
the affirmative vote of a majority of the remaining Directors.
Chairman of
the Board;
Vice Chairman;
Secretary
Section 2.10 At the Organization Meeting, the Board may elect a Chairman of the
Board of Directors or a Chairman and Vice Chairman of the Board of Directors,
who shall be Officers of the Company and each of whom shall discharge such
duties as may be assigned from time to time by the Directors. The Chairman shall
preside at the meetings of the Board and, in his or her absence, the Vice
Chairman, if any, shall preside. In all other cases the President of the Company
shall preside. In the absence of the persons above designated to preside at a
meeting, the Board shall appoint a Chairman pro tem.
At the Organization Meeting, the Board of Directors shall elect a Secretary of
the Board,
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who shall attend the meetings of the Board of Directors, shall keep the minutes
of such meetings, shall send notices thereof, if any, and shall perform such
other duties as may be attendant to such office. The Secretary of the Board need
not be a member of the Board. In case the Secretary is absent or unable to
discharge such duties, the Board shall appoint a Secretary pro tem.
ARTICLE III
Committees
Standing
Committees
Section 3.1 The Board shall have the following standing committees, each
consisting of not fewer than five (5) Directors, as shall be determined by the
Board:
Executive Committee
Investment Committee
Audit Committee
Human Resources Committee
Policyholder and External Affairs Committee
Nominating Committee
All members of the Audit Committee, the Human Resources Committee and the
Nominating Committee shall be Independent Directors. At least one-third of the
members of any other committee shall be Independent Directors.
Designation
of Members and
Chairmen of
Standing
Committees
Section 3.2 At its Organization Meeting each year, the Board, by resolution
adopted by a majority of the then authorized number of Directors, shall
designate from among the Directors the members of the standing committees and
from among the members of each such committee a chairperson thereof, each of
whom shall serve as such, at the pleasure of the Board, so long as they shall
continue in office as Directors, and through the next succeeding Annual Meeting
of the Company. The Board may by similar resolution designate one (1) or more
Directors as alternate members of such committees, who may replace any absent
member or members at any meeting of such committees, but only an Independent
Director may be designated as an alternate member of the Audit Committee, the
Human Resources Committee or the Nominating Committee. Vacancies in the
membership or chair of any standing committee may be filled in the same manner
as the original designations at any regular or special meeting of the Board, and
the Chief Executive Officer may designate from among the remaining members of
any standing committee whose chair is vacant a chairperson who shall serve until
a successor is designated by the Board.
Notices of
Times of Meetings
of Standing
Committees
and Presiding
Members
Section 3.3 Meetings of each standing committee shall be held upon call of the
Chief Executive Officer, or upon call of the chairperson of such standing
committee or of two members of such standing committee. Meetings of each
standing committee may also be
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held at such other times as such committee may determine. Meetings of a standing
committee shall be held at such places and upon such notice as such committee
may determine or as may be specified in the calls of such meetings. Any such
chairperson, if present, or such member or members of each committee as may be
designated by the Chief Executive Officer, shall preside at meetings thereof or,
in the event of the absence or disability of any thereof or failing such
designation, the committee shall select from among its members present a
presiding Member.
Quorum
Section 3.4 At each meeting of any standing committee there shall be present to
constitute a quorum for the transaction of business at least a majority of the
members of such committee, at least one (1) of whom is an Independent Director.
Any alternate member who is replacing an absent member shall be counted in
determining whether a quorum is present. The vote of a majority of the members
present at a meeting of any standing committee at the time of the vote, if a
quorum is present at such time, shall be the act of such committee.
Standing
Committee
Minutes
Section 3.5 Each of the standing committees shall keep minutes of its meetings,
which shall be reported to the Board at its regular meetings and, if called for
by the Board, at any special meeting.
Executive
Committee
Section 3.6 The Executive Committee shall consist of five (5) or more Directors,
as the Board of Directors may determine from time to time, a majority of whom
shall be Independent Directors. This Committee shall have general power to act
for the Board of Directors in the intervals between meetings of the Board on all
matters of policy and direction relating to the conduct of the affairs of the
Company, subject to such limitations as the Board may from time to time impose.
Investment
Committee
Section 3.7 The Investment Committee shall consist of five (5) or more
Directors, as the Board of Directors may determine from time to time, a majority
of whom shall be Independent Directors. This Committee shall review the
investment policies and programs of the Company, including, but not limited to,
the purchase and sale of bonds, stocks, other securities, real estate, mortgages
and all other investments. The Investment Committee shall supervise the
financial affairs of the Company. Except as otherwise ordered by the Board (i)
no investment or loan, other than a policy loan, and no sale, assignment,
exchange, extension or transfer thereof, shall be made unless the same has been
authorized or approved by the Investment Committee; and (ii) the Investment
Committee shall designate from time to time depositories of the Company's funds.
Audit Committee
Section 3.8 The Audit Committee shall consist of five (5) or more Directors, as
the Board of Directors may determine from time to time, all of whom shall be
Independent Directors. The Audit Committee shall, prior to the last meeting of
the Board of Directors in each calendar year, recommend to the Board of
Directors the selection of independent certified public accountants for the
ensuing fiscal year. This Committee shall engage such independent certified
public accountants selected by the Board of Directors to audit and
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examine the financial position of the Company and shall prescribe the scope of
such audit and of any internal audit. It shall review the Company's financial
condition, and the scope and results of the independent audit and any internal
audit, and shall from time to time confer with such independent certified public
accountants and with management and review recommendations of such independent
accountants and management with respect to the business of the Company and the
business of any majority-owned subsidiary of the Company. The Audit Committee
shall report to the Board of Directors upon the annual report of such
independent certified public accountants and at such other times as the Audit
Committee may deem necessary.
Human Resources
Committee
Section 3.9 The Human Resources Committee shall consist of five (5) or more
Directors, as the Board of Directors may determine from time to time, all of
whom shall be Independent Directors. This Committee shall exercise general
supervision of compensation and personnel administration and all activities
conducted by the Company in the interest of the health, welfare and safety of
field and office personnel, shall evaluate the performance of Officers deemed by
such Committee to be principal Officers, and shall make recommendations to the
Board of Directors as to the selection of and compensation payable to such
principal Officers.
Policyholder and
External Affairs
Committee
Section 3.10 The Policyholder and External Affairs Committee shall consist of
five (5) or more Directors as the Board of Directors may determine from time to
time, a majority of whom shall be Independent Directors. This Committee shall be
responsible for matters relating to the interest of the policyholders and
customers of the Company and shall exercise general supervision of the dividend
and surplus policies and practices of the Company. Annually the Committee shall
make a written report to the Board recommending for the ensuing year the
apportionment of divisible surplus on participating policies issued by the
Company and interest rates payable on funds held by the Company under policies
or other contracts entitled by their terms to such interest. This Committee
shall review generally the activities of the various businesses conducted by the
Company and shall also exercise general supervision of the Company's external
activities including, but not limited to, government relations, charitable
contributions, public benefit programs and compliance with policies on ethical
business conduct and other corporate responsibility matters.
Nominating
Committee
Section 3.11 The Nominating Committee shall consist of five (5) or more
Directors, as the Board of Directors may determine from time to time, all of
whom shall be Independent Directors. This Committee shall have responsibility
for nominating candidates for Director for election by policyholders and shall
make recommendations to the Board with respect to the filling of vacancies on
the Board.
ARTICLE IV
Officers
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Principal
Officers
Section 4.1 The Board shall determine who shall act as Chief Executive Officer
of the Company. In its discretion, the Board may also designate a Chief
Operating Officer. The Board in its discretion may also from time to time
designate one or more other Officers as Principal Officers.
Chief
Executive
Officer
Section 4.2 The Chief Executive Officer of the Company shall have the general
executive management of its affairs, and may decide upon and execute all matters
not otherwise covered by action of the Board of Directors or Executive Committee
or more specifically provided for in the Bylaws. In the absence of action by the
Board of Directors, the Chief Executive Officer may from time to time prescribe
and assign such duties, functions and authority among Officers or other
employees and representatives as he or she shall determine are necessary or
desirable for the proper conduct of the business of the Company.
Chief
Operating
Officer
Section 4.3 The Chief Operating Officer, if any, shall assist the Chief
Executive Officer in the execution of his or her duties and shall have such
other duties as the Board of Directors or the Chief Executive Officer may from
time to time determine.
President and
Other Officers
Section 4.4 At each Organization Meeting, the Board shall elect a President, who
shall hold office until the next Organization Meeting and until the election of
a successor or until his or her earlier death, removal or resignation. The
President may also serve as the Chief Executive Officer or Chief Operating
Officer. If a vacancy occurs in the office of the President for any reason, such
vacancy shall be filled by the Board at any regular or special meeting of the
Board.
In addition to the President, the Board shall elect or appoint such other
Officers, including a Secretary, one (1) or more Assistant Secretaries and one
(1) or more Vice Presidents as it may determine for the conduct of the business
of the Company. Any two (2) or more offices may be held by the same person,
except the offices of President and Secretary. Officers other than the Chief
Executive Officer shall have such powers and perform such duties as may be
assigned to them by these Bylaws or by or pursuant to authorization of the Board
or the Chief Executive Officer.
The Board of Directors may, in its discretion, delegate to the Chief Executive
Officer authority to appoint and discharge any Officers other than principal
Officers. Notwithstanding any such delegation to the Chief Executive Officer,
all Officers shall hold office at the pleasure of the Board of Directors, which
retains authority to terminate any Officer at any time. A vacancy in any office
may be filled by the Board at any meeting.
ARTICLE V
Execution of Papers
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Instruments
Section 5.1 Any employee designated for the purpose by the Chief Executive
Officer or the Board, and any Officers designated by the Board shall have power
to execute all instruments in writing necessary or desirable for the Company to
execute in the transaction and management of its business and affairs and to
affix the corporate seal.
Disposition
of Funds
Section 5.2 All funds of the Company deposited in its name shall be subject to
disposition by check or other means, in such manner as the Board may from time
to time determine.
Caption Signatures
on Policies and
Certain Other
Contracts
Section 5.3 The Chief Executive Officer may appoint one (1) or more Registrars.
All policies of insurance and annuity contracts shall be signed by the Chairman
of the Board of Directors (if any), the Vice Chairman of the Board of Directors
(if any), the President, a Vice President, the Secretary, or an Assistant
Secretary. Such signatures may be in facsimile, provided such policies and
contracts are countersigned by a Registrar or a Vice President. All policy
endorsements and modifications (other than endorsement of the exercise of a
right or option provided for in a policy) and all contracts incident, related or
supplementary to policies of insurance and annuity contracts shall be signed by
the Chairman of the Board of Directors (if any), the Vice Chairman of the Board
of Directors (if any), the President, a Vice President, the Secretary, or an
Assistant Secretary. Any such signature may be in facsimile provided there is a
countersignature by a Registrar or a Vice President.
ARTICLE VI
General
Indemnification
of Directors
and Officers
Section 6.1 To the full extent permitted by the laws of the State of New York,
the Company shall indemnify any person made or threatened to be made a party to
any action, proceeding or investigation, whether civil or criminal, by reason of
the fact that such person, or such person's testator or intestate:
(1) is or was a Director or Officer of the Company; or
(2) serves or served another corporation, partnership, joint
venture, trust, employee benefit plan or other enterprise in any
capacity at the request of the Company, and also is or was a
Director or Officer of the Company
against judgments, fines, amounts paid in settlement and reasonable expenses,
including attorneys' fees, actually and necessarily incurred in connection with
or as a result of such action or proceeding, or any appeal therein.
The Company shall also indemnify any person made or threatened to be made such
party
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by reason of the fact that such person or such person's testator or intestate is
or was an employee of the Company or serves another corporation, partnership,
joint venture, trust, employee benefit plan or other enterprise at the request
of the Company and also is an employee of the Company to the same extent as if
such person were an Officer or Director of the Company. The indemnification
provided in this Article VI shall not be deemed to be exclusive of any other
rights to which a Director or Officer of the Company seeking indemnification may
be entitled whether contained in (i) a resolution of Directors, or (ii) an
agreement providing for such indemnification, provided that no indemnification
may be made to or on behalf of any Director or Officer if a judgment or other
final adjudication adverse to the Director or Officer establishes that his or
her acts were committed in bad faith or were the result of active and deliberate
dishonesty and were material to the cause of action so adjudicated, or that he
or she personally gained in fact a financial profit or other advantage to which
he or she was not legally entitled. The Company may indemnify persons other than
Officers or Directors of the Company, to such greater extent as the Board of
Directors may from time to time by resolution prescribe.
ARTICLE VII
Amendment of Bylaws
Section 7.1 These Bylaws or any of them may be amended, altered or repealed by a
vote of two-thirds of the Directors present at any regular or special meeting,
provided that any such proposed amendment, alteration or repeal shall have been
submitted in writing and filed with the Secretary of the Board at least sixty
(60) days before being presented at such a meeting. The notice of the meeting at
which action may be taken upon such proposal to amend, change or repeal these
Bylaws shall contain a statement in general terms that such action has been
proposed. Notwithstanding the foregoing, Section 6.1 of these Bylaws may not be
amended, altered or repealed by the Board so as to effect adversely any then
existing rights of any Director, Officer or other persons designated therein.
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