<PAGE> 1
PROSPECTUS
DATED MAY 1, 1997
INDIVIDUAL FLEXIBLE PAYMENT VARIABLE ANNUITY CONTRACTS
ISSUED BY
MONY AMERICA VARIABLE ACCOUNT A
MONY LIFE INSURANCE COMPANY OF AMERICA
The Individual Flexible Payment Variable Annuity Contracts (the
"Contracts") described in this Prospectus provide for accumulation of cash value
on a variable basis and payment of annuity benefits. The Contracts are designed
for use by individuals in retirement plans that may or may not qualify for
special federal income tax treatment. The types of pension plans that may
purchase the Contracts are retirement plans which receive favorable tax
treatment under Sections 401, 403, 408, or 457 of the Internal Revenue Code.
(See "Definitions -- Qualified Plans" at page 2.)
At the election of the Contractholder, purchase payments for the Contracts
will be allocated to either (i) a segregated investment account of MONY Life
Insurance Company of America (the "Company"), which account has been designated
MONY America Variable Account A (the "Variable Account"), or (ii) the Guaranteed
Interest Account, which is a part of the Company's General Account or to both as
the Contractholder may determine. The Variable Account invests in shares of MONY
Series Fund, Inc. and The Enterprise Accumulation Trust at their net asset
value. (See "The Funds" at page 9.) Upon the issuance of the Contract, purchase
payments for the Contracts will be allocated to the Money Market Subaccount of
the Variable Account and will be held there pending expiration of the Free Look
Period. After expiration of the Free Look Period, the Cash Value of the Contract
will automatically be transferred to one or more of the Subaccounts of the
Variable Account in accordance with the instructions of the Contractholder. (See
"PAYMENT AND ALLOCATION OF PREMIUMS" at page 12.) Contractholders bear the
complete investment risk for all amounts allocated to the Variable Account. This
Prospectus generally describes only the variable features of the Contract. (For
a summary of the Guaranteed Interest Account, see "Guaranteed Interest Account"
at page 11.) This Prospectus sets forth the basic information that a prospective
purchaser should know before investing. Please keep this Prospectus for future
reference.
A Statement of Additional Information dated May 1, 1997, incorporated
herein by reference, and containing additional information about the Contracts,
has been filed with the Securities and Exchange Commission. The Statement of
Additional Information is available from the Company without charge upon written
request to the address shown on the request form on page 33 of this Prospectus
or by telephoning 1-800-487-6669. The Table of Contents of the Statement of
Additional Information can be found on page 33 of this Prospectus.
This Prospectus does not constitute an offer to sell or a solicitation of
an offer to buy the Contracts in any jurisdiction in which such may not be
lawfully made.
In pursuing its investment objective, the High-Yield Bond Subaccount
purchases shares of the High Yield Bond Portfolio which may invest significantly
in lower rated bonds, commonly referred to as "Junk Bonds." Bonds of this type
are considered to be speculative with regard to the payment of interest and
return of principal. Investment in these types of securities have special risks
and therefore, may not be suitable for all investors. Investors should carefully
assess the risks associated with allocating purchase payments to this
subaccount.
THESE SECURITIES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SECURITIES AND
EXCHANGE COMMISSION OR ANY STATE SECURITIES COMMISSION, NOR HAS THE COMMISSION,
OR ANY STATE SECURITIES COMMISSION PASSED UPON THE ACCURACY OR ADEQUACY OF THIS
PROSPECTUS. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE. THIS
PROSPECTUS IS VALID ONLY WHEN ACCOMPANIED (OR PRECEDED) BY A CURRENT PROSPECTUS
FOR MONY SERIES FUND, INC. AND THE ENTERPRISE ACCUMULATION TRUST.
MONY LIFE INSURANCE COMPANY OF AMERICA
1740 BROADWAY
NEW YORK, NEW YORK 10019
1-800-487-6669
<PAGE> 2
TABLE OF CONTENTS
<TABLE>
<CAPTION>
PAGE
----
<S> <C>
Definitions........................................................................... 1
Synopsis.............................................................................. 3
Condensed Financial Information....................................................... 8
The Company and the Variable Account.................................................. 9
MONY Life Insurance Company of America.............................................. 9
MONY America Variable Account A..................................................... 9
The Funds........................................................................... 9
Guaranteed Interest Account........................................................... 11
Payment and Allocation of Premiums.................................................... 12
Issuance of the Contract............................................................ 12
Free Look Privilege................................................................. 13
Allocation of Premiums and Cash Value............................................... 13
Termination of the Contract......................................................... 16
Surrenders............................................................................ 16
Death Benefit......................................................................... 18
Death Benefit Provided by the Contract.............................................. 18
Election and Effective Date of Election............................................. 18
Payment of Death Benefit............................................................ 18
Charges and Deductions................................................................ 19
Deductions from Payments............................................................ 19
Charges Against Cash Value.......................................................... 19
Mortality and Expense Risk Charge................................................... 21
Taxes............................................................................... 22
Investment Advisory Fee............................................................. 22
Annuity Provisions.................................................................... 22
Annuity Commencement Date........................................................... 22
Election and Change of Settlement Option............................................ 23
Settlement Options.................................................................. 23
Frequency of Annuity Payments....................................................... 24
Additional Provisions............................................................... 24
Other Provisions...................................................................... 24
Ownership........................................................................... 24
Provision Required by Section 72(s) of the Code..................................... 25
Provision Required by Section 401(a)(9) of the Code................................. 25
Contingent Annuitant................................................................ 26
Assignment.......................................................................... 26
Change of Beneficiary............................................................... 26
Substitution of Securities.......................................................... 27
Modification of the Contracts....................................................... 27
Change in Operation of Variable Accounts............................................ 27
Voting Rights......................................................................... 27
Distribution of the Contracts......................................................... 28
Federal Tax Status.................................................................... 28
Introduction........................................................................ 28
Tax Treatment of the Company........................................................ 29
Taxation of Annuities in General.................................................... 29
Annuity Contracts Governed by Section 403(b) of the Code............................ 30
Retirement Plans.................................................................... 30
Special Exchange Offer................................................................ 30
Performance Data...................................................................... 31
Additional Information................................................................ 31
Legal Proceedings..................................................................... 32
Financial Statements.................................................................. 32
Table of Contents of Statement of Additional Information.............................. 33
Calculation of Surrender Charge....................................................... A-1
</TABLE>
<PAGE> 3
DEFINITIONS
ANNUITANT -- The person upon whose continuation of life any annuity payment
depends.
ANNUITY COMMENCEMENT DATE -- The date on which annuity payments are to
commence.
BENEFICIARY -- The party entitled to receive benefits payable at the death
of the Annuitant or (if applicable) the Contingent Annuitant.
CASH VALUE -- The dollar value as of any Valuation Date of all amounts
accumulated under the Contract.
COMPANY -- MONY Life Insurance Company of America.
CONTINGENT ANNUITANT -- The party designated by the Contractholder to
become the Annuitant, subject to certain conditions, on the death of the
Annuitant.
CONTRACT -- The Flexible Payment Variable Annuity Contract offered by the
Company and described in this Prospectus.
CONTRACT ANNIVERSARY -- An anniversary of the Contract Date of the
Contract.
CONTRACTHOLDER -- The person so designated in the application. If a
Contract has been absolutely assigned, the assignee becomes the Contractholder.
A collateral assignee is not the Contractholder.
CONTRACT DATE -- The date shown as the Contract Date in the Contract.
CONTRACT YEAR -- Any period of twelve (12) months commencing with the
Contract Date and each Contract Anniversary thereafter.
THE ENTERPRISE ACCUMULATION TRUST -- The Enterprise Accumulation Trust, a
Massachusetts business trust, formerly the Quest for Value Accumulation Trust, a
Massachusetts business trust.
FREE LOOK PERIOD -- A period which follows the application for the Contract
and its issuance to the Contractholder. The period runs to the date which is 10
days (or longer in certain states) after the Contractholder receives the
Contract. (The Free Look Period is referred to in the Contract as the "Right to
Return Contract" period.) During the Free Look Period, the Contractholder may
cancel the Contract and receive a refund.
FUNDS -- MONY Series Fund, Inc. and The Enterprise Accumulation Trust.
GUARANTEED FREE SURRENDER AMOUNT
For Non-qualified Contracts -- An amount, up to 10 percent of the
Contract's Cash Value on the date the first partial surrender request is
received during a Contract Year, that may be surrendered without the imposition
of a Surrender Charge. For the purposes of the Guaranteed Free Surrender Amount
only, Non-Qualified Contracts include Contracts issued for IRAs and SEP-IRAs.
For Qualified Contracts -- An amount, up to the greater of $10,000 (but not
more than the Contract's Cash Value) or 10 percent of the Contract's Cash Value
on the date the first partial surrender request is received during a Contract
Year, that may be surrendered without the imposition of a Surrender Charge. For
the purposes of the Guaranteed Free Surrender Amount only, Qualified Contracts
include Qualified Contracts issued on and after May 1, 1994 and exclude
Contracts issued for IRAs and SEP-IRAs.
GUARANTEED INTEREST ACCOUNT -- A part of the Company's general account, the
Guaranteed Interest Account pays interest at a rate declared by the Company,
which the Company guarantees will not be less than 4%. For Contracts issued on
or after May 1, 1994 (or on or after such later date as approval required in
certain states is obtained), the rate declared by the Company is guaranteed to
be not less than 3 1/2%.
HOME OFFICE -- The Company's administrative office at 1740 Broadway, New
York, N.Y. 10019. "Home Office" also includes the Company's Operations Center at
1 MONY Plaza, Syracuse, N.Y. 13202.
MONY SERIES FUND -- MONY Series Fund, Inc., a Maryland Corporation.
1
<PAGE> 4
NET PURCHASE PAYMENT -- An amount equal to a Purchase Payment, less any
deduction for premium or similar taxes.
NON-QUALIFIED CONTRACTS -- Contracts issued under Non-Qualified Plans.
NON-QUALIFIED PLANS -- Retirement Plans that do not receive favorable tax
treatment under Sections 401, 403, 408, or 457 of the Internal Revenue Code.
OPERATIONS CENTER -- The administrative office of the Company located at 1
MONY Plaza, Syracuse, New York 13202.
PORTFOLIO -- A separate investment portfolio of the Funds.
PURCHASE PAYMENT (PAYMENT) -- An amount paid to the Company by the
Contractholder or on the Contractholder's behalf as consideration for the
benefits provided by the Contract.
QUALIFIED CONTRACTS -- Contracts issued under Qualified Plans.
QUALIFIED PLANS -- Retirement plans that receive favorable tax treatment
under Sections 401, 403, 408, or 457 of the Internal Revenue Code.
SUBACCOUNT -- A subdivision of the Variable Account. Each Subaccount
invests exclusively in the shares of a corresponding Portfolio of the Fund.
SUCCESSOR CONTRACTHOLDER -- The living person who, at the death of the
Contractholder, becomes the new Contractholder.
SURRENDER CHARGE -- A contingent deferred sales charge that may be applied
against amounts surrendered. (See "Charges Against Cash Value -- Surrender
Charge" at page 19.)
SURRENDER VALUE -- The Contract's Cash Value, less (1) any applicable
Surrender Charge and (2) any applicable Annual Contract Charge.
UNIT -- The measure by which the Contract's interest in each Subaccount is
determined.
VALUATION DATE -- Each day that the New York Stock Exchange is open for
trading or any other day on which there is sufficient trading in the securities
of a Portfolio of the Fund to affect materially the value of the Units of the
corresponding Subaccount.
VARIABLE ACCOUNT -- A separate investment account of the Company,
designated as MONY America Variable Account A, into which Net Purchase Payments
will be allocated.
2
<PAGE> 5
SYNOPSIS
THE CONTRACTS
The Individual Flexible Payment Variable Annuity Contracts (the
"Contracts") described in this Prospectus provide for the accumulation of values
on a variable basis or a guaranteed interest basis or a combination of both and
the payment of annuity benefits. The Contracts are designed for use in
connection with personal retirement plans, some of which (the "Qualified Plans")
may qualify for federal income tax advantages available under Sections 401, 403,
408, and 457 of the Internal Revenue Code (the "Code").
Effective January 1, 1989, the Contracts offered by this Prospectus have
been withdrawn from sale in all states in connection with Qualified Plans which
intend to qualify for federal income tax advantages available under Section
403(b) of the Code.
THE VARIABLE ACCOUNT
Net Purchase Payments for the Contracts will be allocated at the
Contractholder's option to Sub-accounts, made available therefor in accordance
with the terms of the Contracts, of a segregated investment account of MONY Life
Insurance Company of America (the "Company"), which account has been designated
MONY America Variable Account A (the "Variable Account") or to the Guaranteed
Interest Account, which is a part of the Company's general account and consists
of all the Company's assets other than assets allocated to segregated investment
accounts of the Company, including the Variable Account. The Subaccounts of the
Variable Account invest in shares of MONY Series Fund, Inc. (the "MONY Series
Fund") and The Enterprise Accumulation Trust (the "Accumulation Trust") (the
MONY Series Fund and the Accumulation Trust are collectively called the "Funds")
at their net asset value. (See "The Funds" at page 9). Contractholders bear the
entire investment risk for all amounts allocated to the Variable Account. Net
Purchase Payments allocated to the Guaranteed Interest Account will be credited
with interest at rates guaranteed by the Company for specified periods. (See
"Guaranteed Interest Account" at page 11.)
PURCHASE PAYMENTS
For Non-Qualified Plans and individual retirement accounts and annuities
purchased by individuals under Section 408 of the Code (other than Simplified
Employee Pensions), the minimum initial Purchase Payment for the Contract is
$2,000, except that, on and after May 1, 1992, the minimum initial Purchase
Payment for individuals is $600 if Purchase Payments are made through automatic
checking account withdrawals. For H.R. 10 plans, certain corporate or
association retirement plans, Simplified Employee Pensions under Section 408 of
the Code, and annuity purchase plans sponsored by certain tax-exempt
organizations, governmental entities, or public school systems, the minimum
initial Purchase Payment is $600. Additional Purchase Payments of at least $100
may be made at any time. Different limits apply where certain automatic payment
plans are used. (See "Issuance of the Contract" at page 12.) The Company may
change any of these requirements in the future.
DEDUCTIONS FROM PURCHASE PAYMENTS
Deductions may be made from Purchase Payments for premium or similar taxes.
Currently, the Company makes no such deduction, but may do so with respect to
future payments. The amount of the deduction will vary from state to state, but
will generally range from 0 percent to 3.5 percent of Payments. Residents of the
Commonwealth of Pennsylvania should be aware that a tax on Purchase Payments has
been adopted; however, the Company currently is assuming responsibility for
payment of this tax. In the event that the Company will begin to make deductions
for such tax from future Purchase Payments, it will give notice to each affected
Contractholder.
FREE LOOK PRIVILEGE
Within 10 days (or longer in certain states) of the day the Contract is
delivered to the Contractholder, it may be returned to the Company or to the
agent through whom it was purchased. When the Contract is
3
<PAGE> 6
received by the Company, it will be voided as if it had never been in force.
Except for contracts entered into in the Commonwealth of Pennsylvania, the
amount to be refunded is equal to the greater of: (i) all Purchase Payments; and
(ii) Cash Value of the Contract (as of the date the returned Contract is
received at the Home Office or, if returned by mail, upon being postmarked,
properly addressed, and postage prepaid) plus any deductions from Purchase
Payments for taxes applicable to annuity considerations that may have been
deducted, mortality and expense risk charges deducted in determining the Unit
value of the Variable Account, and asset charges deducted in determining the
share value of the Funds. For Contracts entered into in the Commonwealth of
Pennsylvania, the amount to be refunded is described in clause (ii) of the
immediately preceding sentence.
SURRENDER CHARGE
A contingent deferred sales charge (called a "Surrender Charge") will be
imposed upon requests for surrenders or commencement of annuity benefits where
the amount requested exceeds the amount of Net Purchase Payments prior to the
Contract Year when the surrender or commencement of annuity benefits is
requested and during the seven preceding Contract Years.
The Surrender Charge, which otherwise would have been deducted, will not be
deducted to the extent necessary to permit the Contractholder to obtain, for
Qualified Contracts (other than Contracts issued for IRA and SEP-IRA) an amount
up to the greater of $10,000 (but not more than the Contract's Cash Value) or 10
percent of the Contract's Cash Value on the date the first partial surrender
request is received during a Contract Year; and for Non-qualified Contracts (and
Contracts issued for IRA and SEP-IRA and for Qualified Contracts issued before
May 1, 1994), an amount up to 10% of the Cash Value of the Contract on the date
the first partial surrender request is received during a Contract Year. The
Company reserves the right to limit the number of partial surrenders under this
provision to 12 during any Contract Year. In addition, the Contract details
certain other circumstances under which a surrender charge will not be imposed.
The Surrender Charge is intended to reimburse the Company for expenses incurred
that are related to sales of the Contract. In no event will the aggregate
Surrender Charge exceed 7 percent of the total Purchase Payments made in the
Contract Year of the surrender and during the 7 preceding Contract Years. (See
"Charges Against Cash Value -- Surrender Charge" at page 19.)
MORTALITY AND EXPENSE RISK CHARGE
A Mortality and Expense Risk Charge is deducted daily from the net assets
of the Variable Account for mortality and expense risks assumed by the Company.
This daily charge is equal to a charge on an annual basis of 1.25 percent of the
net assets of the Variable Account. (See "Mortality and Expense Risk Charge" at
page 21.)
TRANSFER CHARGE
Contract value may be transferred without charge as many as 4 times in any
Contract Year. For any additional transfer during a Contract Year, a transfer
charge is not currently imposed, but the Company has reserved the right to
impose a charge for each transfer in excess of 4, which will not exceed $25 per
transfer. If imposed, the transfer charge will be deducted from the Contract's
Cash Value. (See "Charges Against Cash Value -- Transfer Charge" at page 21.)
ANNUAL CONTRACT CHARGE
On each Contract Anniversary prior to the Annuity Commencement Date, on the
Annuity Commencement Date, and on full surrender of the Contract, the Company
deducts an Annual Contract Charge from the Cash Value, to reimburse the Company
for administrative expenses relating to the maintenance of the Contract. The
charge is currently $30, but the Company may in the future change the amount of
the charge. The charge will never, however, exceed $50. (See "Charges Against
Cash Value -- Annual Contract Charge" at page 20.)
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<PAGE> 7
DEATH BENEFIT
In the event of death of the Annuitant (and the Contingent Annuitant, if
one has been named) prior to the Annuity Commencement Date, the Company will pay
a death benefit to the Beneficiary. If death of the Annuitant occurs after the
Annuity Commencement Date, no death benefit will be payable except as may be
payable under the settlement option selected. (See "Death Benefit" at page 18.)
TAX UPON SURRENDER
Amounts withdrawn may be subject to income tax. In addition, a penalty tax
may be payable pursuant to the Internal Revenue Code on withdrawal of amounts
accumulated under any annuity contract. (See "FEDERAL TAX STATUS" at page 28.)
MONY LIFE INSURANCE COMPANY OF AMERICA
MONY AMERICA VARIABLE ACCOUNT A
TABLE OF FEES FOR THE YEAR ENDED DECEMBER 31, 1996
CONTRACTOWNER TRANSACTION EXPENSES:
<TABLE>
<S> <C>
Maximum Deferred Sales Load (Surrender Charge) (as a percentage of amount
surrendered.)............................................................... 7%*
Annual Contract Charge:....................................................... $30
Separate Account Annual Expenses:
Mortality and Expense Risk Fees............................................. 1.25%**
</TABLE>
ANNUAL EXPENSES OF MONY SERIES FUND, INC. AND THE ENTERPRISE ACCUMULATION TRUST:
MONY SERIES FUND, INC.
ANNUAL EXPENSES FOR THE YEAR ENDED DECEMBER 31, 1996
(AS A PERCENTAGE OF AVERAGE NET ASSETS)
<TABLE>
<CAPTION>
LONG TERM GOVERNMENT
INTERMEDIATE TERM BOND SECURITIES MONEY MARKET
BOND PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
----------------- --------- ---------- ------------
<S> <C> <C> <C> <C>
Expenses (After reimbursement)***...... .08% .06% .15% .05%
Management Fees........................ .40% .40% .40% .40%
--- --- --- ---
Total MONY Series Fund, Inc. Annual
Expenses (After reimbursement)....... .48.% .46% .55% .45%
=== === === ===
</TABLE>
THE ENTERPRISE ACCUMULATION TRUST
ANNUAL EXPENSES FOR THE YEAR ENDED DECEMBER 31, 1996
(AS A PERCENTAGE OF AVERAGE NET ASSETS)
<TABLE>
<CAPTION>
HIGH YIELD
EQUITY SMALL CAP MANAGED INTERNATIONAL BOND
PORTFOLIO PORTFOLIO PORTFOLIO GROWTH PORTFOLIO+ PORTFOLIO+
--------- --------- --------- ----------------- --------------
<S> <C> <C> <C> <C> <C>
Expenses..................... .06% .10% .04% .53% .25%
Management Fees.............. .75%++ .74%++ .70%++ .85% .60%
------- ----- -- ----- -- ------ -- ----- --
Total Accumulation Trust
Annual Expenses (After
Reimbursement)............. .81%+++ .84%+++ .74%+++ 1.38%+++ .85%+++
======= ======= ======= ======== =======
</TABLE>
- ---------------
* The Surrender Charge percentage, which reduces to zero as shown in the table
on page 6, is determined by the number of Contract Anniversaries since a
purchase payment was received.
5
<PAGE> 8
Surrender Charge Percentage Table
<TABLE>
<CAPTION>
# OF CONTRACT SURRENDER
ANNIVERSARIES SINCE CHARGE
PURCHASE PAYMENT RECEIVED PERCENTAGE
---------------------------------------------- ----------
<S> <C>
0............................................. 7%
1............................................. 7
2............................................. 6
3............................................. 6
4............................................. 5
5............................................. 4
6............................................. 3
7............................................. 2
8 (or more)................................... 0
</TABLE>
- ---------------
The Surrender Charge may be reduced under certain circumstances which
include reduction in order to guarantee that certain amounts may be received
free of surrender charge. See "Charges against Cash Value -- Guaranteed Free
Surrender Amount" at page 20.
** The Mortality and Expense Risk charge is deducted at a daily equivalent to
an annual rate of 1.25 percent from the value of the net assets of the
Separate Account.
*** Includes custodial credit percentages as follows: Intermediate Term
Bond -- .0061%; Long Term Bond -- .0046%; Government Securities -- .0243%;
and Money Market -- .0049% paid by the Investment Adviser pursuant to the
Investment Advisory Agreement.
+ The Sub-accounts corresponding to these Portfolios first became available
for allocation in November 1994.
++ Management Fees reflect investment advisory fees which became effective on
and after May 1, 1996. Prior thereto, the investment advisory fees were
.60%. (See "CHARGES AND DEDUCTIONS -- Investment Advisory Fee" at page 22.)
+++ These expenses reflect expense reimbursements in effect on May 1, 1995.
Absent these expense reimbursements, expenses would have been as follows:
Equity -- .81%; Small Cap -- .84%; Managed -- .74%; International
Growth -- 1.38%; and High Yield Bond -- .94%. The Equity, Small Cap, and
Managed Portfolio reimbursements relate to mutual fund accounting expense.
The purpose of the Table of Fees beginning on page 5 is to assist the
Contractholder in understanding the various costs and expenses that the
Contractholder will bear, directly or indirectly. The table reflects the
expenses of the separate account as well as of the MONY Series Fund, Inc. and
the Enterprise Accumulation Trust. MONY Series Fund, Inc. and The Enterprise
Accumulation Trust have provided information relating to their respective
operations. The expenses borne by the Separate Account are explained under the
caption "Charges and Deductions" at page 19 of this Prospectus. The expenses
borne by the MONY Series Fund, Inc. are explained under the caption "Investment
Management Arrangements and Expenses" at page 19 of the accompanying prospectus
for MONY Series Fund, Inc. The expenses borne by The Enterprise Accumulation
Trust assume that the expense reimbursements in effect on and after May 1, 1990
for the Equity, Small Cap, and Managed Portfolios which limit the total annual
expenses to 1.00% of average net assets and expense reimbursements which, on and
after November 16, 1994 (commencement of operations), limit the total annual
expenses of the International Growth Portfolio to 1.55% of average net assets
and the High Yield Bond Portfolio to .85% of average net assets, will continue
throughout the period shown and are explained under the caption "Management of
the Fund" at page 14 of the accompanying prospectus for the Accumulation Trust.
The table does not reflect income taxes or penalty taxes which may become
payable under the Internal Revenue Code or premium or other taxes which may be
imposed under state or local laws.
6
<PAGE> 9
EXAMPLE
If you surrender your Contract at the end of the time periods shown below,
you would pay the following expenses on a $1,000 investment, assuming 5% annual
return on assets:
<TABLE>
<CAPTION>
AFTER AFTER AFTER AFTER
SUBACCOUNT 1 YEAR 3 YEARS 5 YEARS 10 YEARS
------------------------------------------------- ------ ------- ------- --------
<S> <C> <C> <C> <C>
Equity........................................... $85 $122 $161 $251
Small Cap........................................ $85 $123 $163 $254
Managed.......................................... $84 $120 $158 $244
International Growth............................. $91 $139 $190 $308
High Yield Bond.................................. $85 $123 $163 $255
Intermediate Term Bond........................... $82 $112 $144 $217
Long Term Bond................................... $81 $111 $143 $215
Government Securities............................ $82 $114 $148 $224
Money Market..................................... $81 $111 $143 $214
</TABLE>
If you annuitize at the end of the time periods shown below, you would pay
the following expenses on a $1,000 investment, assuming 5% annual return on
assets:
<TABLE>
<CAPTION>
AFTER AFTER AFTER AFTER
SUBACCOUNT 1 YEAR 3 YEARS 5 YEARS 10 YEARS
------------------------------------------------- ------ ------- ------- --------
<S> <C> <C> <C> <C>
Equity........................................... $85 $122 $117 $251
Small Cap........................................ $85 $123 $118 $254
Managed.......................................... $84 $120 $113 $244
International Growth............................. $91 $139 $145 $308
High Yield Bond.................................. $85 $123 $119 $255
Intermediate Term Bond........................... $82 $112 $100 $217
Long Term Bond................................... $81 $111 $99 $215
Government Securities............................ $82 $114 $104 $224
Money Market..................................... $81 $111 $99 $214
</TABLE>
If you do not surrender your Contract at the end of the time periods shown
below, you would pay the following expenses on a $1,000 investment, assuming 5%
annual return on assets:
<TABLE>
<CAPTION>
AFTER AFTER AFTER AFTER
SUBACCOUNT 1 YEAR 3 YEARS 5 YEARS 10 YEARS
------------------------------------------------- ------ ------- ------- --------
<S> <C> <C> <C> <C>
Equity........................................... $22 $68 $117 $251
Small Cap........................................ $22 $69 $118 $254
Managed.......................................... $21 $66 $113 $244
International Growth............................. $28 $85 $145 $308
High Yield Bond.................................. $23 $69 $119 $255
Intermediate Term Bond........................... $19 $58 $100 $217
Long Term Bond................................... $19 $58 $99 $215
Government Securities............................ $19 $60 $104 $224
Money Market..................................... $18 $57 $99 $214
</TABLE>
The examples above should not be considered a representation of past or
future expenses, and actual expenses may be greater or lesser than those shown.
All Variable Account expenses as well as portfolio company (MONY Series Fund and
the Accumulation Trust) expenses, net of expense reimbursements, are reflected
in the examples. Not reflected in the examples which assume surrender at the end
of each time period are income taxes and penalty taxes which may become payable
under the Internal Revenue Code or premium or other taxes which may be imposed
under state or local laws.
7
<PAGE> 10
CONDENSED FINANCIAL INFORMATION
MONY LIFE INSURANCE COMPANY OF AMERICA
MONY AMERICA VARIABLE ACCOUNT A
ACCUMULATION UNIT VALUES
<TABLE>
<CAPTION>
UNIT VALUE
---------------------
DEC. 31, DEC. 31, DEC. 31, DEC. 31, DEC. 31, DEC. 31, DEC. 31,
SUBACCOUNT INCEPTION* 1987 1988 1989 1990 1991 1992 1993
- ------------------------------- ---------- --------- --------- --------- --------- --------- --------- ----------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
Equity......................... $10.00 -- $10.15 $12.29 $11.87 $15.40 $17.94 $19.11
Small Cap...................... 10.00 -- 10.19 11.91 10.61 15.53 18.64 22.01
Intermediate Term Bond......... 10.00 -- 10.29 11.35 11.99 13.66 14.43 15.37
Long Term Bond................. 10.00 -- 10.15 11.74 12.32 14.32 15.39 17.36
Managed........................ 10.00 -- 10.39 13.61 12.96 18.71 21.93 23.91
Money Market................... 10.00 $10.04 10.58 11.35 12.10 12.64 12.91 13.11
Government Securities.......... 10.00 -- -- -- -- -- -- --
International Growth........... 10.00 -- -- -- -- -- -- --
High Yield Bond................ 10.00 -- -- -- -- -- -- --
<CAPTION>
DEC. 31, DEC. 31, DEC. 31,
SUBACCOUNT 1994 1995 1996
- ------------------------------- ---------- ---------- ----------
<S> <C> <C> <C>
Equity......................... $19.60 $26.82 $33.18
Small Cap...................... 21.73 24.11 $26.49
Intermediate Term Bond......... 14.95 16.95 $17.36
Long Term Bond................. 16.09 20.68 $20.36
Managed........................ 24.22 35.17 $42.90
Money Market................... 13.45 14.03 $14.57
Government Securities.......... 10.04 11.00 $11.25
International Growth........... 9.91 11.22 $12.48
High Yield Bond................ 10.05 11.54 $12.88
</TABLE>
<TABLE>
<CAPTION>
UNITS OUTSTANDING
---------------------------------
DEC. 31, DEC. 31, DEC. 31, DEC. 31, DEC. 31, DEC. 31, DEC. 31,
SUBACCOUNT 1987 1988 1989 1990 1991 1992 1993
- ---------------------------------------- -------- --------- --------- --------- --------- --------- ----------
<S> <C> <C> <C> <C> <C> <C> <C>
Equity.................................. -- 84,575 406,388 724,942 932,249 1,556,288 2,956,822
Small Cap............................... -- 51,497 159,416 205,615 549,782 1,476,360 4,249,653
Intermediate Term Bond.................. -- 65,156 147,723 224,861 335,862 673,719 1,673,790
Long Term Bond.......................... -- 94,174 188,093 409,738 618,029 1,193,954 2,673,790
Managed................................. -- 268,910 1,178,484 2,732,585 4,291,015 9,199,182 18,964,250
Money Market............................ 9,075 278,412 700,400 1,324,393 1,570,127 2,718,704 3,698,103
Government Securities................... -- -- -- -- -- -- --
International Growth.................... -- -- -- -- -- -- --
High Yield Bond......................... -- -- -- -- -- -- --
<CAPTION>
DEC. 31, DEC. 31, DEC. 31,
SUBACCOUNT 1994 1995 1996
- ---------------------------------------- ---------- ---------- ----------
<S> <C> <C> <C>
Equity.................................. 3,865,965 5,426,511 8,212,227
Small Cap............................... 5,924,266 6,055,472 6,346,453
Intermediate Term Bond.................. 1,753,781 1,806,518 1,916,050
Long Term Bond.......................... 2,245,807 2,477,643 2,506,531
Managed................................. 24,924,610 31,540,233 39,371,381
Money Market............................ 5,304,884 6,504,679 8,278,977
Government Securities................... 17,347 679,711 1,269,214
International Growth.................... 208,202 1,456,982 3,610,923
High Yield Bond......................... 6,870 1,194,315 2,361,710
</TABLE>
- ---------------
* MONY America Variable Account A commenced operations on November 25, 1987. The
Intermediate Term Bond, Long Term Bond, and Money Market Subaccounts became
available for allocation on that date, however, only the Money Market
Subaccount had operations in 1987. The Equity, Small Cap, and Managed
Subaccounts became available for allocation on August 1, 1988. The Government
Securities, International Growth, and High Yield Bond Subaccounts first became
available for allocation on November 16, 1994.
8
<PAGE> 11
THE COMPANY AND THE VARIABLE ACCOUNT
MONY LIFE INSURANCE COMPANY OF AMERICA
MONY Life Insurance Company of America (the "Company") is a stock life
insurance company organized in the state of Arizona. The Company is currently
licensed to sell life insurance and annuities in 49 states (not including New
York), the District of Columbia, the U.S. Virgin Islands and Puerto Rico. The
Company is the corporate successor of VICO Credit Life Insurance Company,
incorporated in Arizona on March 6, 1969. The Company's financial statements may
be found in the Statement of Additional Information.
The Company is a wholly owned subsidiary of The Mutual Life Insurance
Company of New York ("MONY"), a mutual life insurance company organized under
the laws of the state of New York in 1842. The principal offices of both MONY
and the Company are at 1740 Broadway, New York, New York 10019. MONY Securities
Corp., a wholly-owned subsidiary of MONY, is the principal underwriter for the
Contracts described in this Prospectus. The Company may purchase certain
administrative services from MONY under a services agreement, to enable the
Company to administer the Contracts.
MONY AMERICA VARIABLE ACCOUNT A
The Company established MONY America Variable Account A (the "Variable
Account") on March 27, 1987, under Arizona law as a separate investment account.
The Variable Account holds assets that are segregated from all of the Company's
other assets and at present is used only to support individual flexible payment
variable annuity contracts.
The Company is the legal holder of the assets in the Variable Account and
will at all times maintain assets in the Variable Account with a total market
value at least equal to the contract liabilities for the Variable Account. The
obligations under the Contracts are obligations of the Company. Income, gains,
and losses, whether or not realized, from assets allocated to the Variable
Account, are, in accordance with the Contracts, credited to or charged against
the Variable Account without regard to other income, gains, or losses of the
Company. The assets in the Variable Account may not be charged with liabilities
which arise from any other business the Company conducts. The Variable Account's
assets may include accumulations of the charges the Company makes against
Contracts participating in the Variable Account. From time to time, any such
additional assets may be transferred in cash to the Company's General Account.
The Variable Account is registered with the Securities and Exchange
Commission ("SEC") under the Investment Company Act of 1940 ("1940 Act") as a
unit investment trust, which is a type of investment company. This does not
involve any supervision by the SEC of the management or investment policies or
practices of the Variable Account. For state law purposes, the Variable Account
is treated as a part or division of the Company. There are currently 14
Subaccounts within the Variable Account, and each invests only in a
corresponding Portfolio of MONY Series Fund, Inc. or The Enterprise Accumulation
Trust. Not all Subaccounts are available to the Contractholder.
THE FUNDS
Each Subaccount of the Variable Account will invest only in the shares of a
corresponding Portfolio of MONY Series Fund, Inc. (the "MONY Series Fund") or
The Enterprise Accumulation Trust (the "Accumulation Trust") (the MONY Series
Fund and the Accumulation Trust are collectively called the "Funds"). The Funds
are registered with the SEC under the 1940 Act as open-end diversified
management investment companies. These registrations do not involve supervision
by the SEC of the management or investment practices or policies of the Funds.
Shares of the MONY Series Fund are currently sold to MONY America Variable
Account L and MONY Variable Account L, separate accounts of, respectively, the
Company and MONY, to fund Flexible Premium Variable Life Insurance contracts, to
MONY America Variable Account S and MONY Variable Account S, separate accounts
of, respectively, the Company and MONY, to fund variable life insurance with
additional premium option contracts, and to the Keynote Series Account, a
separate account of MONY, to fund certain individual variable annuity contracts
issued by
9
<PAGE> 12
MONY and until June 24, 1994 to fund certain group variable annuity contracts
issued by MONY. Shares of the Funds are sold to MONY Variable Account A, a
separate account of MONY to fund contracts similar to the Contracts described in
this Prospectus. Shares of the Funds may in the future be sold to other separate
accounts, and the Funds may in the future create new Portfolios. In addition,
the Company may make available additional Subaccounts with differing or similar
investment objectives. The Funds, or either of them, may withdraw from sale any
or all of the respective Portfolios in accordance with applicable law.
The Board of Directors of the MONY Series Fund and the Board of Trustees of
the Accumulation Trust each have undertaken to monitor the respective Fund for
the existence of any material irreconcilable conflict between the interests of
variable annuity contractholders and variable life insurance contractholders and
shall report any such conflict to the boards of the Company and MONY. The Board
of Directors of the Company and MONY have agreed to be responsible for reporting
any potential or existing conflicts to the Directors and Trustees, respectively,
of each of the Funds and, at their own cost, to remedy such conflict up to and
including establishing a new registered management investment company and
segregating the assets underlying the variable annuity contracts and the
variable life insurance contracts.
The Variable Account will purchase and redeem shares from the Funds at net
asset value. Shares will be redeemed to the extent necessary for the Company to
collect charges under the Contracts, to pay Surrender Value upon full surrenders
of the Contracts, to fund partial surrenders, to provide benefits under the
Contracts, and to transfer assets from one Subaccount to another or between one
or more Subaccounts of the Variable Account and the Guaranteed Interest Account
as requested by Contractholders. Any dividend or capital gain distribution
received from a Portfolio of a Fund will be reinvested immediately at net asset
value in shares of that Portfolio and retained as assets of the corresponding
Subaccount.
Investment Advisers. The MONY Series Fund at present receives investment
advice with respect to each of its Portfolios from the Company, which acts as
investment adviser to the MONY Series Fund.
Effective September 16, 1994, the investment adviser with respect to the
Equity, Small Cap, and Managed Portfolios of the Accumulation Trust is
Enterprise Capital Management, Inc., a wholly-owned subsidiary of MONY
("Enterprise Capital"). Enterprise Capital has entered into a sub-advisory
agreement with respect to the Equity and Managed Portfolios with OpCap Advisors,
formerly known as Quest for Value Advisors. OpCap Advisors is a subsidiary of
Oppenheimer Capital, which is a subsidiary of Oppenheimer Financial Corp. Prior
to that date, OpCap Advisors, then known as Quest for Value Advisors, served as
the investment adviser to the Accumulation Trust with respect to the Equity,
Small Cap, and Managed Portfolios. The change of name to OpCap Advisors was
occasioned by the sale of certain of the operations of Quest for Value Advisors
to Oppenheimer Management Corporation in November 1995. No change in the
personnel responsible for the day-to-day management of the Equity and Managed
Portfolios will occur as a result of that change. Effective June 1, 1996, GAMCO
Investors, Inc. became the investment sub-adviser for the Small Cap Portfolio.
Enterprise Capital also acts as investment adviser with respect to the
International Growth and High Yield Bond Portfolios. It has entered into
subinvestment advisory agreements as follows: International Growth -- Brinson
Partners, and High Yield Bond -- Caywood Scholl Capital Corporation.
Investment Objectives. The investment objectives of the Portfolios
currently available to Contractholders through corresponding Subaccounts of the
Variable Account are set forth in the accompanying prospectus for each of the
Funds and are described briefly below. There is no assurance that these
objectives will be met.
The investment objectives of each Portfolio are fundamental and may not be
changed without the approval of the holders of a majority of the outstanding
shares of the Portfolio affected (which, for each of the Funds, means the lesser
of (1) 67 percent of the Portfolio shares represented at a meeting at which more
than 50 percent of the outstanding Portfolio shares are represented or (2) more
than 50 percent of the outstanding Portfolio shares).
Each Contractholder should periodically consider the allocation among the
Subaccounts and the Guaranteed Interest Account in light of current market
conditions and the investment risks attendant to investing in each of the Funds'
various Portfolios. A full description of each of the Funds, their investment
10
<PAGE> 13
objectives, policies and restrictions, their expenses, the risks attendant to
investing in each of the Funds' Portfolios, and other aspects of their operation
is contained in the accompanying prospectus for each of the Funds, which should
be read together with this Prospectus.
The investment objectives of each of the Portfolios of the Funds and
identification of which of the Funds offers the Portfolio is as follows:
Equity Portfolio: Long term capital appreciation through investment
in a diversified portfolio of primarily equity securities selected on the
basis of a value oriented approach to investing. The Accumulation Trust
offers this Portfolio.
Small Cap Portfolio: Capital appreciation through investment in a
diversified portfolio of primarily equity securities of companies with
market capitalizations of under $1 billion. The Accumulation Trust offers
this Portfolio.
Managed Portfolio: Growth of capital over time through investment in
a portfolio consisting of common stocks, bonds, and cash equivalents, the
percentages of which will vary over time based on the investment manager's
assessments of relative investment values. The Accumulation Trust offers
this Portfolio.
International Growth Portfolio: Capital appreciation, primarily
through a diversified portfolio of non-United States equity securities. The
Accumulation Trust offers this Portfolio.
High Yield Bond Portfolio: Maximum current income, primarily from
debt securities that are rated Ba or lower by Moody's Investors Service,
Inc. or BB or lower by Standard & Poor's Corporation. The Accumulation
Trust offers this Portfolio.
Government Securities Portfolio: The maximum current income over the
intermediate term consistent with preservation of capital, through
investment in highly-rated debt securities of the United States government
and its agencies and money market instruments with a dollar-weighted
average life of up to ten years at the time of purchase.
Intermediate Term Bond Portfolio: The maximum income over the
intermediate term consistent with preservation of capital, through
investment in highly rated debt securities, U.S. Government obligations,
and money market instruments, together having a dollar-weighted average
life of between 4 and 8 years. MONY Series Fund offers this Portfolio.
Long Term Bond Portfolio: The maximum income over the longer term
consistent with preservation of capital, through investment in highly rated
debt securities, U.S. Government obligations, and money market instruments,
together having a dollar-weighted average life of more than 8 years. The
MONY Series Fund offers this Portfolio.
Money Market Portfolio: The maximum current income consistent with
preservation of capital and maintenance of liquidity, through investment in
money market instruments. The MONY Series Fund offers this Portfolio.
GUARANTEED INTEREST ACCOUNT
The Guaranteed Interest Account is a part of the Company's General Account
and consists of all the Company's assets other than assets allocated to
segregated investment accounts of the Company, including the Variable Account.
Crediting of Interest. Net Purchase Payments allocated by a Contractholder
to the Guaranteed Interest Account will be credited with interest at the rate
declared by the Company which the Company guarantees will not be less than 4%
(0.010746%, compounded daily). For Contracts issued on and after May 1, 1994 (or
on or after such later date as approval required in certain states is obtained),
the rate declared by the Company is guaranteed not to be less than 3.5%
(0.009426%, compounded daily). Each interest rate declared by the Company will
be applicable for all Net Purchase Payments received or transfers from the
Variable Account completed within the period during which it is effective.
Initial Net Purchase Payments allocated to the
11
<PAGE> 14
Guaranteed Interest Account will be credited with interest at the rate in effect
for the date on which the Contract is issued (and the funds transferred into the
Money Market Subaccount) from and after the date on which the Free Look
Privilege expires on all funds transferred from the Money Market Subaccount to
the Guaranteed Interest Account. Amounts withdrawn from the Guaranteed Interest
Account as a result of a transfer, partial surrender, or any charge imposed in
accordance with the Contract, will be deemed to be withdrawals of amounts (and
any interest credited thereon) most recently credited to the Guaranteed Interest
Account.
Prior to the expiration of the period for which a particular interest rate
was guaranteed, the Company will declare a renewal interest rate to be effective
for such succeeding period as the Company shall determine.
Descriptions of the Guaranteed Interest Account are included in this
Prospectus for the convenience of the purchaser. The Guaranteed Interest Account
and the general account of the Company are not registered under the Securities
Act of 1933 or the Investment Company Act of 1940. Accordingly, neither the
general account of the Company nor the Guaranteed Interest Account are generally
subject to the provisions of these Acts; however, disclosures regarding the
Guaranteed Interest Account and the general account of the Company 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 staff of the Securities and Exchange Commission has not
reviewed the disclosures in this Prospectus which relate to the Guaranteed
Interest Account and the general account of the Company.
PAYMENT AND ALLOCATION OF PREMIUMS
ISSUANCE OF THE CONTRACT
Individuals wishing to purchase a Contract must complete an application and
personally deliver it to a licensed agent of the Company who is also a
registered representative of MONY Securities Corp. ("MSC"), a wholly-owned
subsidiary of the Company, which is the principal underwriter for the Contracts,
or a registered broker dealer which has been authorized by MSC to sell the
Contract. Except where certain automatic payment plans (i.e., government
allotment, payroll deduction, or automatic checking account withdrawal plans)
are used, the minimum initial Purchase Payment for the Contract is currently
$2,000 for Non-Qualified Plans, $2,000 for individual retirement accounts and
annuities purchased by individuals under Section 408 of the Code (other than
Simplified Employee Pensions), and $600 for H.R. 10 plans (self-employed
individuals' retirement plans under Section 401 or 403(c) of the Code),
Simplified Employee Pensions under Section 408 of the Code, and annuity purchase
plans sponsored by certain tax-exempt organizations, governmental entities, or
public school systems under Section 403(b) of the Code ("Tax Sheltered
Annuities") and deferred compensation plans under Section 457 of the Code. These
minimum initial Payments must be paid with the application for the Contract.
Additional Payments may be made at any time in the minimum amount of $100. For
certain automatic payment plans, however, the minimum additional payment is $50.
Effective January 1, 1989, the Contracts offered by this Prospectus have
been withdrawn from sale in all states in connection with Qualified Plans which
intend to qualify for federal income tax advantages available under Section
403(b) of the Code.
Different rules apply for government allotment, payroll deduction and
automatic checking account withdrawal plans. For payroll deduction and automatic
checking account withdrawal plans, Purchase Payments must be made at an
annualized rate of $600 (i.e., $600 per year, $300 semiannually, $150 for each
quarter year, or $50 per month). For government allotment plans, the minimum
Purchase Payment is $50 per month.
The Company reserves the right to revise its rules from time to time to
specify different minimum Purchase Payments.
In addition, the prior approval of the Company is required before it will
accept a Purchase Payment where, with that Payment, cumulative Purchase Payments
made under any one or more Contracts held by the
12
<PAGE> 15
Contractholder, less the amount of any prior partial surrenders and their
Surrender Charges, exceed $1,500,000. The prior approval of the Company is also
required before it will accept that part of a payment (or transfer) which would
cause amounts credited to the Guaranteed Interest Account to exceed $250,000 on
the date of payment (or transfer).
The Company reserves the right to reject an application for any reason
permitted by law.
Net Purchase Payments received before the Contract Date will be held in the
Company's General Account and will be credited with interest at not less than
3.5 percent per annum if the Contract is issued by the Company and accepted by
the Contractholder. No interest will be paid if the Contract is not issued or if
it is declined by the Contractholder. If the application is approved and the
Contract is subsequently issued and accepted by the Contractholder, then on the
Contract Date, amounts allocable to the Contract held in the Company's General
Account will be transferred to the Money Market Subaccount of the Variable
Account. These amounts will be held in that Subaccount pending expiration of the
Free Look Period. (See "Free Look Privilege" below.) For purposes of crediting
interest on amounts held in the General Account, Purchase Payments will be
treated as received on the day of actual receipt at the Company's Operations
Center. If an application is not complete when received by the Company at its
Operations Center, and if it is not made complete within 5 days, the prospective
purchaser will be informed of the reasons for the delay and the initial Purchase
Payment will be returned in full (and the application will be declined), unless
the prospective purchaser consents to the Company's retaining the Purchase
Payment until the application is made complete.
FREE LOOK PRIVILEGE
Within 10 days (or longer in certain states) of the day the Contract is
delivered to the Contractholder (the "Free Look Period"), it may be returned to
the Company or to the agent through whom it was purchased. When the Contract is
received by the Company, it will be voided as if it had never been in force.
Except for Contracts entered into in the Commonwealth of Pennsylvania, the
amount to be refunded is equal to the greater of: (i) all Purchase Payments; and
(ii) Cash Value of the Contract (as of the date the returned Contract is
received at the Home Office or, if returned by mail, upon being postmarked,
properly addressed, and postage prepaid) plus any deductions from Purchase
Payments for taxes applicable to annuity considerations that may have been
deducted, mortality and expense risk charges deducted in determining the Unit
value of the Variable Account, and asset charges deducted in determining the
share value of the Funds. For Contracts entered into in the Commonwealth of
Pennsylvania, the amount to be refunded is described in clause (ii) of the
immediately preceding sentence.
ALLOCATION OF PREMIUMS AND CASH VALUE
Allocation of Premiums. The Contractholder may allocate on the application
Net Purchase Payments to the Subaccount(s) of the Variable Account or to the
Guaranteed Interest Account. Any Net Purchase Payments received before the end
of the Free Look Period (and any interest thereon) will initially be allocated
to the Money Market Subaccount of the Variable Account on the later of (i) the
Contract Date and (ii) the date the Payment is received at the Company's
Operations Center. Net Purchase Payments will continue to be allocated to that
Subaccount until the Free Look Period expires and, if the allocation on the
application is incomplete or incorrect, a complete and correct allocation
notification is received by the Company. (See "Free Look Privilege" above.)
After the Free Look Period has expired and, if applicable, the correct and
complete allocation notification has been received, the Contract's Cash Value
held in the Money Market Subaccount will automatically be transferred to the
Subaccount(s) of the Variable Account or to the Guaranteed Interest Account in
accordance with the Contractholder's percentage allocation.
After the Free Look Period, Net Purchase Payments under a nonautomatic
payment plan will be allocated in accordance with the Contractholder's most
recent instructions on record with the Company, unless the Contractholder at the
time a Purchase Payment is made specifies the amount (not less than $10.00 per
Subaccount) or the percentage (not less than 10 percent of the Payment) of the
Net Purchase Payment to be allocated among the Subaccount(s). If the specific
allocation is incorrect or incomplete, then that Net Purchase Payment will be
made in accordance with the most recent correct payment allocation on record.
For
13
<PAGE> 16
automatic payment plans, Net Purchase Payments will be allocated in accordance
with the Contractholder's most recent instructions on record.
The Contractholder may change the allocation formula specified in the
initial allocation notification, or as changed in any subsequent notification,
for future Net Purchase Payments at any time without charge by sending written
notification to the Company at the Operations Center. Prior allocation
instructions may also be changed by telephone subject to the rules of the
Company and its right to terminate telephone allocation. The Company reserves
the right to deny any telephone allocation request. If all telephone lines are
busy (which might occur, for example, during periods of substantial market
fluctuations), Contractholders might not be able to request changes in
allocation of purchase payments by telephone and would have to submit written
requests. Any such change, whether made in writing or by telephone, will be
effective when recorded on the records of the Company, in accordance with the
applicable requirements of state insurance departments and the Investment
Company Act of 1940. The Company has adopted rules relating to changes of
allocations by telephone, which, among other things, outlines procedures to be
followed which are designed, and which the Company believes are reasonable, to
prevent unauthorized instructions. If these procedures are followed, the Company
shall not be liable for, and the Contractholder will therefore bear the entire
risk of, any loss as a result of the Company's following telephone instructions
in the event that such instructions prove to be fraudulent. A copy of the rules
and the Company's form for electing telephone allocation privileges is available
from licensed agents of the Company who are also registered representatives of
MSC or by calling 1-800-487-6669. The Company's form must be signed and received
at the Company's Syracuse Operations Center before telephone allocation
instructions will be accepted.
The minimum percentage of each Net Purchase Payment that may be allocated
to any Subaccount of the Variable Account or to the Guaranteed Interest Account
is 10 percent; all percentages must be expressed in whole numbers and must total
100 percent. The minimum amount of each Net Purchase Payment that may be
allocated to any Subaccount of the Variable Account or to the Guaranteed
Interest Account is $10.00.
Upon receipt of a Purchase Payment, the Net Purchase Payments allocated to
Subaccounts of the Variable Account will be credited to the designated
Subaccount(s) in the form of Units. The number of Units to be credited to a
Subaccount is determined by dividing the dollar amount allocated to the
particular Subaccount by the Unit value for the particular Subaccount for the
Valuation Date on which the Purchase Payment is received.
The Unit value for each Subaccount was established at $10 for the first
Valuation Date. The Unit value for a Subaccount for any subsequent Valuation
Date is determined by subtracting (b) from (a) and dividing the result by (c),
where:
(a) is the per share net asset value on the Valuation Date of the Fund
Portfolio in which the Subaccount invests times the number of such shares held
in the Subaccount before the purchase or redemption of any shares on that Date.
(b) is the mortality and expense risk charge accrued as of that Valuation
Date. The daily mortality and expense risk charge is a percentage of the
Subaccount's net asset value on the previous Valuation Date. (If the previous
day was not a Valuation Date, then the daily mortality and expense risk charge
is the applicable percentage times the number of days since the last Valuation
Date times the Subaccount's net asset value on the last Valuation Date.)
(c) is the total number of Units held in the Subaccount on the Valuation
Date before the purchase or redemption of any Units on that Date.
The Unit value for these Subaccounts may increase, decrease, or remain
constant from Valuation Date to Valuation Date, depending upon the investment
performance of the Portfolio of the Fund in which the Subaccount is invested and
any expenses and charges deducted from the Variable Account. The Contractholder
bears the entire investment risk. Contractholders should periodically review
their allocations of payments and values in light of market conditions and
overall financial planning requirements.
14
<PAGE> 17
Net Purchase Payments to be allocated to the Guaranteed Interest Account
will be credited to that account on the date of receipt at the Operations
Center, if that date is a Valuation Date, and, if not, on the next Valuation
Date. Interest will be credited daily. In the event that allocation of a Net
Purchase Payment would cause the amounts credited to the Guaranteed Interest
Account to exceed the $250,000 limit imposed by the Company, that part of a Net
Purchase Payment allocated to the Guaranteed Interest Account which equals the
difference between $250,000 and the amount credited to the Guaranteed Interest
Account on the date the allocation is to be made will be accepted (and credited
to the Guaranteed Interest Account) but the remainder of such allocation will be
returned to the Contractholder.
Cash Value. The Contract's Cash Value will reflect the investment
performance of the selected Subaccount(s) of the Variable Account, amounts
credited to the Guaranteed Interest Account, any Net Purchase Payments, any
partial surrenders, and all charges imposed in connection with the Contract.
There is no guaranteed minimum Cash Value, except to the extent Net Purchase
Payments have been allocated to the Guaranteed Interest Account, and because a
Contract's Cash Value at any future date will be dependent on a number of
variables, it cannot be predetermined.
Determination of Cash Value. The Cash Value of the Contract is determined
on each Valuation Date. The Cash Value will be calculated first on the Contract
Date and thereafter on each Valuation Date. On the Contract Date, the Contract's
Cash Value will be the Net Purchase Payments received plus any interest credited
on those Payments. During the period when Net Purchase Payments are held in the
General Account, interest will be credited to the Contract. (See "Issuance of
the Contract" at page 12.) After allocation of the amounts in the General
Account to the Variable Account or to the Guaranteed Interest Account, on each
Valuation Date, the Contract's Cash Value will be:
(1) The aggregate of the Cash Values attributable to the Contract in
each of the Subaccounts on the Valuation Date, determined for each
Subaccount by multiplying the Subaccount's Unit value on that date by the
number of Subaccount Units allocated to the Contract; plus
(2) any amount credited to the Guaranteed Interest Account (which
shall be the aggregate of all Net Purchase Payments, plus interest
credited, if any, plus or minus amounts transferred, if any, less partial
surrenders, if any, less any charges and deductions imposed in accordance
with the Contract terms detailed in the Prospectus); plus
(3) any Net Purchase Payment received on that Valuation Date; less
(4) any partial surrender amount and its Surrender Charge made on that
Valuation Date; less
(5) any Annual Contract Charge deductible on that Valuation Date.
In computing the Contract's Cash Value, the number of Subaccount Units
allocated to the Contract is determined after any transfers among Subaccounts
(and deduction of transfer charges) or between one or more of the Subaccounts
and the Guaranteed Interest Account, but before any other Contract transactions,
such as receipt of Net Purchase Payments and partial surrenders, on the
Valuation Date. If the Contract's Cash Value is to be calculated for a day that
is not a Valuation Date, the next following Valuation Date will be used.
Transfers. After the Free Look Period has expired, the value attributable
to the Contract may be transferred among the Subaccounts of the Variable
Account. There is no minimum amount that need be transferred. The Company will
effectuate transfers and determine all values in connection with transfers among
the Subaccounts on the date on which the transfer request is received at the
Operations Center, if that date is a Valuation Date and, if not, on the next
Valuation Date. Different provisions apply to transfers involving the Guaranteed
Interest Account. (See "Allocation of Premiums and Cash Value -- Transfers
Involving the Guaranteed Interest Account" at page 16.) Transfers may be made by
sending a written request to the Operations Center or by telephone, subject to
the rules of the Company and its right to terminate telephone transfers. The
Company reserves the right to deny any telephone transfer request. If all
telephone lines are busy (which might occur, for example, during periods of
substantial market fluctuations), Contractholders might not be able to request
transfers by telephone and would have to submit written requests. If a written
transfer request is incomplete or incorrect, no transfer will be made and the
request will be returned to the Contractholder. Telephone transfer instructions
will only be accepted if complete and
15
<PAGE> 18
correct. The Company has adopted guidelines relating to telephone transfers
which, among other things, outlines procedures to be followed which are
designed, and which the Company believes are reasonable, to prevent unauthorized
transfers. If these procedures are followed, the Company shall not be liable
for, and the Contractholder will therefore bear the entire risk of, any loss as
a result of the Company's following telephone instructions in the event that
such instructions prove to be fraudulent. A copy of the guidelines and the
Company's form for electing telephone transfer privileges is available from
licensed agents of the Company who are also registered representatives of MSC or
by calling 1-800-487-6669. The Company's form must be signed and received at the
Company's Syracuse Operations Center before telephone transfers will be
accepted.
A transfer charge will not be imposed on the first 4 transfers (including
any transfers made by telephone, if permitted by the Company) made during any
Contract Year. (See "Charges Against Cash Value -- Transfer Charge" at page 21.)
For any additional transfers during a Contract Year, a transfer charge is not
currently imposed, but the Company has reserved the right to impose a charge for
each transfer in excess of 4, which will not exceed $25 per transfer. If
imposed, the transfer charge will be deducted from the Subaccount(s) or the
Guaranteed Interest Account from which the amounts are transferred. This charge
is in addition to the amount transferred. If, however, there is insufficient
Cash Value in a Subaccount or in the Guaranteed Interest Account to provide for
its proportionate share of the charge, then the entire charge will be allocated
in the same manner as the Annual Contract Charge. (See "Charges Against Cash
Value -- Annual Contract Charge" at page 20.) All transfers included in a single
request are treated as one transfer transaction. A transfer resulting from the
first reallocation of Cash Value at the expiration of the Free Look Period will
not be subject to a transfer charge, nor will it be counted against the 4
transfers allowed in each Contract Year without charge. Under present law,
transfers are not taxable transactions.
Transfers Involving the Guaranteed Interest Account. Transfers to or from
the Guaranteed Interest Account are subject to the following limitations. The
prior approval of the Company is required before it will accept that part of a
transfer which would cause amounts credited to the Guaranteed Interest Account
to exceed $250,000. The portion of any transfer which cannot be made because of
such limitation will be allocated back to the Subaccounts designated in that
transfer as the Subaccounts from which amounts were to be transferred in the
proportion that the amount requested by the Contractholder to be transferred
from each Subaccount bears to the total amount transferred. Transfers from
amounts credited to the Guaranteed Interest Account to one or more Subaccounts
may be made once during each Contract Year, and the amount which may be
transferred is limited to the greater of (i) 25% of the amounts credited to the
Guaranteed Interest Account of the Contractholder on the date the transfer would
take effect or (ii) $5,000. Transfer of amounts from the Guaranteed Interest
Account to one or more Subaccounts will be effective only on an anniversary of
the Contract Date or on a Valuation Date not more than 30 days thereafter.
Requests received not more than 10 days before the anniversary of the Contract
Date will be executed on the anniversary of the Contract Date. Requests received
within 30 days after the anniversary of the Contract date will be executed on
the Valuation Date which coincides with or next follows the date the request is
received. Requests received more than 10 days before or 30 days after the
anniversary of the Contract Date will be returned to the Contractholder.
TERMINATION OF THE CONTRACT
The Contract will remain in force until the earlier of (1) the date the
Contract is surrendered in full, (2) the Annuity Commencement Date, (3) the
Contract Anniversary on which, after deduction for any Annual Contract Charge
then due, no Cash Value remains in the Contract, and (4) the date the Death
Benefit is payable under the Contract.
SURRENDERS
At any time on or before the Annuity Commencement Date and during the
lifetime of the Annuitant, the Contractholder may elect to make a surrender of
all or part of the Contract's value. Any such election shall specify the amount
of the surrender and will be effective on the date a proper request is received
by the Company at its Operations Center.
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The amount of the surrender may be equal to the Contract's Surrender Value,
which is its Cash Value less (1) any applicable Surrender Charge and (2) (for a
full surrender) any Annual Contract Charge. The Surrender may also be for a
lesser amount (a "partial surrender") of at least $100. If a partial surrender
is requested, and that surrender would leave a Cash Value of less than $1,000,
then that partial surrender will be treated and processed as a full surrender,
and the entire Surrender Value will be paid to the Contractholder. For a partial
surrender, any Surrender Charge will be in addition to the amount requested by
the Contractholder.
A surrender will result in the cancellation of Units and the withdrawal of
amounts credited to the Guaranteed Interest Account, in accordance with the
directions of the Contractholder, with an aggregate value equal to the dollar
amount of the surrender plus, if applicable, the Annual Contract Charge and any
Surrender Charge. For a partial surrender, the Company will cancel Units of the
particular Subaccounts and withdraw amounts from the Guaranteed Interest Account
in accordance with the allocation specified by the Contractholder in written
notice to the Company at its Operations Center at the time the request for the
partial surrender is received; provided, however, that allocations by a
Contractholder against the Guaranteed Interest Account will be limited (the "GIA
Allocation Limitation") to that amount which bears the same proportion to the
total amount being surrendered as the amount credited to the Guaranteed Interest
Account of the Contractholder bears to the total of (i) all amounts credited to
the Guaranteed Interest Account of the Contractholder and (ii) the aggregate
value of Units held in all Subaccounts of the Contractholder, unless there is no
Cash Value in any Subaccount at the time the transfer request is received.
Allocations may be by either amount or percentage. Allocations by amount require
that at least $25 be allocated against the Guaranteed Interest Account or any
Subaccount designated by the Contractholder. Allocations by percentage must be
in whole percentages (totalling 100 percent), and at least 10 percent of the
partial surrender must be allocated to any Subaccount designated by the
Contractholder. If there is insufficient Cash Value in the Contractholder's
Guaranteed Interest Account or a Subaccount to provide for the requested
allocation against it, or if the GIA Allocation Limitation is exceeded, or the
request is incorrect, the request will not be accepted. If an allocation is not
requested, then the entire amount of the partial surrender will be allocated
against the Guaranteed Interest Account and each Subaccount in the same
proportion that the Contract's Cash Value held in the Guaranteed Interest
Account and each Subaccount bears to the Contract's Cash Value.
Any Surrender Charge will be allocated against the Guaranteed Interest
Account and each Subaccount in the same proportion that the amount of a partial
surrender allocated against the Guaranteed Interest Account and each Subaccount
bears to the total amount of the partial surrender. In the event that an
allocation of the partial surrender is not made, or there is insufficient cash
value in the Guaranteed Interest Account or any Subaccount to provide for its
proportionate share of the Surrender Charge, then the entire Surrender Charge
will be allocated against the Guaranteed Interest Account and each Subaccount in
the same proportion that the Cash Value held in the Guaranteed Interest Account
and each Subaccount (after allocation of the partial surrender amount) bears to
the Contract's Cash Value.
Any cash surrender amount will be paid in accordance with the requirements
of state insurance departments and the Investment Company Act of 1940.
Postponement is currently permissible under the Investment Company Act of 1940
only (1) for any period (a) during which the New York Stock Exchange is closed
other than customary weekend and holiday closings, or (b) during which trading
on the New York Stock Exchange is restricted as determined by the Securities and
Exchange Commission, (2) for any period during which an emergency exists as a
result of which (a) disposal of securities held by the Funds is not reasonably
practicable, or (b) it is not reasonably practicable to determine the value of
the net assets of the Funds, or (3) for such other periods as the Securities and
Exchange Commission may by order permit for the protection of Contractholders.
Any cash surrender involving payment from amounts credited to the Guaranteed
Interest Account may, to the extent amounts are paid from the Guaranteed
Interest Account, be postponed, at the option of the Company, for up to 6 months
from the date the request for a surrender or proof of death is received by the
Company. The Contractholder may elect to have the amount of a surrender settled
under one of the Settlement Options of the Contract. (See "ANNUITY PROVISIONS"
at page 22.)
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<PAGE> 20
Since the Contracts offered by this Prospectus may be issued in connection
with retirement plans that meet the requirements of certain sections of the
Internal Revenue Code, reference should be made to the terms of the particular
retirement plan for any limitations or restrictions on cash surrenders.
Surrenders of certain Qualified Contracts are restricted not only by the
terms of the particular plan pursuant to which such Qualified Contract is
issued. Without such restriction on surrender, the Contracts would be subject to
treatment under the Internal Revenue Code as annuity contracts rather than
contracts governed by Section 403(b). (See "FEDERAL TAX STATUS" at page 28.)
The tax consequences of a cash surrender should be carefully considered.
(See "FEDERAL TAX STATUS" at page 28.)
DEATH BENEFIT
DEATH BENEFIT PROVIDED BY THE CONTRACT
In the event of the death of the Annuitant (and the Contingent Annuitant,
if one has been named) (see "Contingent Annuitant" at page 26) prior to the
Annuity Commencement Date, the Company will pay a Death Benefit to the
Beneficiary. The amount of the Death Benefit will be the greater of (a) the Cash
Value on the date of the Annuitant's death, and (b) the Purchase Payment paid,
less any partial surrenders and their Surrender Charges. If the death of the
Annuitant occurs on or after the Annuity Commencement Date, no Death Benefit
will be payable except as may be provided under the Settlement Option elected.
ELECTION AND EFFECTIVE DATE OF ELECTION
During the lifetime of the Annuitant and prior to the Annuity Commencement
Date, the Contractholder may elect to have the Death Benefit of the Contract
applied under one or more Settlement Options to effect an annuity for the
Beneficiary as payee after the death of the Annuitant. (See "Settlement Options"
at page 23.) If no election of a Settlement Option for the Death Benefit is in
effect on the date when proceeds become payable, the Beneficiary may elect (a)
to receive the Death Benefit in the form of a cash payment; or (b) to have Death
Benefit applied under one of the Settlement Options. (See "Settlement Options"
at page 23.) If an election by the payee is not received by the Company within
thirty (30) days following the date proceeds become payable, the payee will be
deemed to have elected a cash payment. Either election described above may be
made by filing with the Company a written election in such form as the Company
may require. Any proper election of a method of settlement of the Death Benefit
by the Contractholder will become effective on the date it is signed, but any
election will be subject to any payment made or action taken by the Company
before receipt of the notice at the Company's Operations Center.
Reference should be made to the terms of any applicable retirement plan and
any applicable legislation for any limitations or restrictions on the election
of a method of settlement and payment of the Death Benefit.
PAYMENT OF DEATH BENEFIT
If the Death Benefit is to be paid in cash to the Beneficiary, payment will
be made within seven (7) days of the date the election becomes effective or is
deemed to become effective and due proof of death is received, except as the
Company may be permitted to postpone such payment in accordance with the
Investment Company Act of 1940. If the Death Benefit is to be paid in one sum to
the Successor Beneficiary, or to the estate of the deceased Annuitant, payment
will be made within seven (7) days of the date due proof of the death of the
Annuitant and the Beneficiary is received by the Company. Interest at a rate
determined by the Company will be paid on any Death Benefit paid in one sum,
from the date of the Annuitant's (or Contingent Annuitant's, if applicable)
death to the date of payment. The interest rate will not be less than 2 3/4
percent annually.
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<PAGE> 21
CHARGES AND DEDUCTIONS
Charges may be assessed under the Contracts as follows:
DEDUCTIONS FROM PAYMENTS
A deduction may be made from each Purchase Payment for premium or similar
taxes prior to allocation of any Net Purchase Payment among the Subaccounts of
the Variable Account. Currently, the Company does not make such a deduction, but
may do so in the future. The Company will provide the Contractholder with
written notice of its intention to make deductions for premium or other taxes.
Any such deduction will apply only to Purchase Payments made after notice has
been sent by the Company. The amount of the deduction will vary from locality to
locality, but will generally range from 0 percent to 3.5 percent of Purchase
Payments. Residents of the Commonwealth of Pennsylvania should be aware that a
tax on Purchase Payments has been adopted; however, the Company currently is
assuming responsibility for payment of this tax. In the event that the Company
will begin to make deductions for such tax from future Purchase Payments, it
will give notice to each affected Contractholder.
CHARGES AGAINST CASH VALUE
Surrender Charge. The Contract imposes a contingent deferred sales charge,
called a "Surrender Charge," on full and partial surrenders and on the Annuity
Commencement Date. The Surrender Charge, which will never exceed 7 percent of
total Purchase Payments, is intended to reimburse the Company for expenses
incurred in distributing the Contract. To the extent such charge is insufficient
to cover all distribution costs, the Company will make up the difference using
funds from its General Account, which may contain funds deducted from the
Variable Account to cover mortality and expense risks borne by the Company. (See
"Mortality and Expense Risk Charge" at page 21.)
If all or a portion of the Contract's Surrender Value (see "SURRENDERS" at
page 16) is surrendered or if the Surrender Value is received at maturity on the
Annuity Commencement Date, a Surrender Charge will be calculated at the time of
surrender and will be deducted from the Cash Value. A Surrender Charge will not
be imposed against Cash Value surrendered in a Contract Year up to an amount
equal to Net Purchase Payments made by the Contractholder prior to the Contract
Year of the surrender and the preceding 7 Contract Years. In addition, the
Surrender Charge, which otherwise would have been deducted, will not be deducted
to the extent necessary to permit the Contractholder to obtain, an amount equal
to the Guaranteed Free Surrender Amount (the "Guaranteed Free Surrender
Amount"). (See "Guaranteed Free Surrender Amount" at page 20.) No Surrender
Charge will be imposed if the surrender is a full surrender and the following
conditions are met: (i) the Annuitant is age 59 1/2 or older on the date of the
full surrender; (ii) the Contract has been in force for at least 10 Contract
Years; and (iii) one or more Purchase Payments were remitted during each of at
least 7 of the 10 Contract Years immediately preceding the date of surrender.
Except in certain states, no Surrender Charge will be imposed if the Contract is
surrendered after the third Contract Year and the surrender proceeds are paid
under either Settlement Option 3 or Settlement Option 3A. (See "Settlement
Options" at page 23.) In no event will the aggregate Surrender Charge exceed 7
percent of the total Purchase Payments made in the Year of the surrender and
during the 7 preceding Contract Years.
For a partial surrender, the Surrender Charge will be deducted from any
remaining Contract Value, if sufficient; otherwise, it will be deducted from the
amount surrendered. Any Surrender Charge will be allocated against the
Guaranteed Interest Account and each Subaccount of the Variable Account in the
same proportion that the amount of the partial surrender allocated against the
Guaranteed Interest Account and each Subaccount bears to the total amount of the
partial surrender. But, if there is insufficient cash value in the Guaranteed
Interest Account or any Subaccount to provide for its proportionate share of the
charge, then the entire charge will be allocated against the Guaranteed Interest
Account and each Subaccount in the same proportion that the Cash Value held in
the Guaranteed Interest Account and each Subaccount bears to the Cash Value in
the Guaranteed Interest Account and all Subaccounts.
No Surrender Charge will be deducted from Death Benefits. (See "DEATH
BENEFIT" at page 18.)
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<PAGE> 22
For purposes of determining the Surrender Charge, surrenders will be
attributed to payments on a first-in, first-out basis. Contractholders should
note that this is different from the allocation method that is used for
determining tax obligations. (See "FEDERAL TAX STATUS" at page 28.)
Amount of Surrender Charge. The amount of the Surrender Charge is
determined as follows:
Step 1. Allocate Purchase Payments on a first-in, first-out basis to the
amount surrendered (any Purchase Payments previously allocated to calculate a
surrender charge are unavailable for allocation to calculate any future
surrender charges); and
Step 2. Multiply each such allocated Purchase Payment by the appropriate
surrender charge percentage determined on the basis of the table below:
SURRENDER CHARGE PERCENTAGE TABLE
<TABLE>
<CAPTION>
# OF CONTRACT
ANNIVERSARIES SINCE SURRENDER
PURCHASE PAYMENT CHARGE
RECEIVED PERCENTAGE
------------------------------------------------------------------ ----------
<S> <C>
0............................................................ 7%
1............................................................ 7
2............................................................ 6
3............................................................ 6
4............................................................ 5
5............................................................ 4
6............................................................ 3
7............................................................ 2
8 (or more).................................................. 0
</TABLE>
Step 3. Add the products of each multiplication in Step 2 above.
Guaranteed Free Surrender Amount. The Surrender Charge may be reduced by
using the Guaranteed Free Surrender Amount provided for in the Contract. For
Non-qualified Contracts (and Contracts issued for IRA and SEP-IRA) in certain
states which have granted approval, the Guaranteed Free Surrender Amount
provides that an amount up to 10% of the Contract's Cash Value (on the date the
first partial surrender request is received during a Contract Year) may be
surrendered without application of a surrender charge. For Qualified Contracts
issued on or after May 1, 1994 (other than Contracts issued for IRA and SEP-IRA)
in certain states which have granted approval, the Guaranteed Free Surrender
Amount provides that the greater of $10,000, (but not more than the Contract's
Cash Value) or 10% of the Contract's Cash Value (on the date the first partial
surrender request is received during a Contract Year) may be surrendered without
application of surrender charge. (See a registered representative of MSC who is
also a licensed agent of the Company for which states have granted approval).
For holders of Qualified Contracts issued before May 1, 1994 and for holders of
Contracts in those states where approval has not been granted, the Guaranteed
Free Surrender Amount for Qualified Contracts and Nonqualified Contracts is an
amount up to 10% of the Contract's Cash Value (on the date the partial surrender
request is received) which may be surrendered once during a Contract Year,
provided no prior partial surrender was made during that Contract Year. The
Company reserves the right to limit the number of partial surrenders made under
the Guaranteed Free Surrender Amount to 12 during any Contract Year. Since
Purchase Payments are allocated on a first-in, first-out basis, the free
surrender amount will not reduce surrender charges to the extent that any Cash
Value in that amount is equal to Purchase Payments received 8 or more Contract
Anniversaries ago.
For illustrations of how the Surrender Charge is calculated, see Appendix A
beginning on page A-1 of this Prospectus.
Annual Contract Charge. The Company has primary responsibility for the
administration of the Contract and the Variable Account. Ordinary administrative
expenses expected to be incurred include
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<PAGE> 23
premium collection, recordkeeping, processing death benefit claims and
surrenders, preparing and mailing reports, and overhead costs. In addition, the
Company expects to incur certain additional administrative expenses in
connection with the issuance of the Contract, including the review of
applications and the establishment of Contract records.
The Company intends to administer the Contract itself through an
arrangement whereby the Company may purchase some administrative services from
MONY and such other sources as may be available.
An Annual Contract Charge will be deducted from the Contract's Cash Value
to help cover administrative expenses. Currently, the amount of the charge is
$30, but it may be increased to as much as $50 on 30 days' written notice to the
Contractholder. The charge will be deducted on (a) each Contract Anniversary
prior to the Annuity Commencement Date, (b) the Annuity Commencement Date, and
(c) the date of full surrender (if that date is not a Contract Anniversary). The
amount of the charge will be allocated against the Guaranteed Interest Account
and each Subaccount of the Variable Account in the same proportion that the Cash
Value in the Guaranteed Interest Account and each Subaccount bears to the Cash
Value of the Contract. The Company does not expect to make any profit from the
administrative cost deductions.
Transfer Charge. The Company has reserved the right to impose a transfer
charge, which will not exceed $25, for each transfer instructed by the
Contractholder among the Subaccounts or to or from the Guaranteed Interest
Account and one or more of the Subaccounts in excess of 4 transfers (including
transfers made by telephone, if permitted by the Company) in a Contract Year, to
compensate the Company for the costs of effectuating the transfer. Currently,
the Company does not do so. The Company does not expect to make a profit from
the transfer charge. This charge will be deducted from the Contract's Cash Value
held in the Subaccount(s) from which the transfer is made, or from the
Guaranteed Interest Account if a transfer is made therefrom, and will be
allocated against these Subaccount(s) or the Guaranteed Interest Account in the
same proportion as the amounts transferred. If there is insufficient value in a
Subaccount or the Guaranteed Interest Account to provide for that Subaccount's
or the Guaranteed Interest Account's proportionate share of the charge, then the
entire charge will be allocated in the same manner as the Annual Contract
Charge. (See "Charges Against Cash Value -- Annual Contract Charge" at page 20.)
MORTALITY AND EXPENSE RISK CHARGE
A daily charge will be deducted from the value of the net assets of the
Variable Account to compensate the Company for mortality and expense risks
assumed in connection with the Contract. This daily charge from the Variable
Account will be at the rate of 0.003425 percent (equivalent to an annual rate of
1.25 percent) of the average daily net assets of the Variable Account. Of the
1.25 percent charge, .80 percent is for assuming mortality risks, and .45
percent is for assuming expense risks. The daily charge will be deducted from
the net asset value of the Variable Account, and therefore the Subaccounts, on
each Valuation Date. These charges will not be deducted from the Guaranteed
Interest Account. Where the previous day (or days) was not a Valuation Date, the
deduction on the Valuation Date will be 0.003425 percent multiplied by the
number of days since the last Valuation Date.
The Company believes that this level of charge is within the range of
industry practice for comparable individual flexible payment variable annuity
contracts.
The mortality risk assumed by the Company is that Annuitants may live for a
longer time than projected, and that an aggregate amount of annuity benefits
greater than that projected will accordingly be payable. In making this
projection, the Company has used the mortality rates from the 1983 Table "a"
(discrete functions without projections for future mortality), with 3 1/2
percent interest. The expense risk assumed is that expenses incurred in issuing
and administering the Contracts will exceed the administrative charges provided
in the Contracts.
The Company does not expect to make a profit from the mortality and expense
risk charge. Should, however, the amount of the charge exceed the amount needed,
the excess will be retained by the Company in its general account. Should the
amount of the charge be inadequate, the Company will pay the difference out of
its general account.
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<PAGE> 24
TAXES
Currently, no charge will be made against the Variable Account for federal
income taxes. The Company may, however, make such a charge in the future if
income or gains within the Variable Account will incur any federal income tax
liability. Charges for other taxes, if any, attributable to the Variable Account
may also be made. (See "FEDERAL TAX STATUS" at page 28.)
INVESTMENT ADVISORY FEE
Because the Variable Account purchases shares of the Funds, the net assets
of the Variable Account will reflect the investment advisory fee and other
expenses incurred by the Funds. The Company, as investment adviser to the MONY
Series Fund, will receive monthly compensation with respect to the Intermediate
Term Bond, Long Term Bond, Government Securities, and Money Market Portfolios
that it advises at an annual rate of 0.40 percent of the first $400 million of
the aggregate average daily net assets of all MONY Series Fund Portfolios, 0.35
percent of the next $400 million of the aggregate average daily net assets of
all MONY Series Fund Portfolios, and 0.30 percent of the aggregate average daily
net assets of all MONY Series Fund Portfolios in excess of $800 million.
Enterprise Capital, as investment adviser to the Accumulation Trust, will
receive from the Accumulation Trust monthly compensation with respect to the
Equity, Small Cap, and Managed Portfolio that it advises at an annual rate of
0.80 percent of the first $400 million of the aggregate average daily net assets
of those portfolios, 0.75 percent of the next $400 million of the aggregate
average daily net assets of those portfolios, and 0.70 percent of the aggregate
average daily net assets of those portfolios which exceed $800 million. OpCap
Advisors, a subsidiary of Oppenheimer Capital, as sub-investment adviser to the
Equity and Managed Portfolios of the Accumulation Trust, will receive from
Enterprise Capital and not the Accumulation Trust .40 percent (0.30 percent of
assets in excess of $1 billion) of the aggregate average daily net assets of the
Equity and Managed Portfolios. GAMCO Investors, Inc., as sub-investment adviser
to the Small Cap Portfolio of the Accumulation Trust, will receive from
Enterprise Capital and not the Accumulation Trust, 0.40 percent (0.30 percent of
assets in excess of $1 billion) of the aggregate average daily net assets of the
Small Cap Portfolio. Enterprise Capital, as investment adviser to the
Accumulation Trust, will receive with respect to the High Yield Bond Portfolio
monthly compensation at an annual rate of 0.60 percent of the aggregate average
daily net assets of the High Yield Bond Portfolio and Caywood Scholl Capital
Corporation, as sub-investment adviser to the High Yield Bond Portfolio, will
receive from Enterprise Capital and not the Accumulation Trust, .30 percent of
the aggregate average daily net assets (.252 percent for assets in excess of
$100 million) of the High Yield Bond Portfolio. Enterprise Capital, as
investment adviser to the Accumulation Trust will receive with respect to the
International Growth Portfolio monthly compensation at an annual rate of .85
percent of the aggregate average daily net assets of the International Growth
Portfolio, and Brinson Partners, as sub-investment adviser to the International
Growth Portfolio, will receive from Enterprise Capital and not the Accumulation
Trust, .4495 percent (53% of the fee received by Enterprise Capital; the fee
paid to Brinson Partners declines as assets exceed $100 million) of the
aggregate average daily net assets of the International Growth Portfolio. The
investment advisers will reimburse the Fund for the amount, if any, by which the
aggregate ordinary operating expenses of any of these Portfolios incurred by the
Funds in any calendar year in which shares are being offered exceed the most
restrictive expense limitations then in effect under any state securities law or
regulation. Currently, the most restrictive expense limitation in effect limits
expenses of each Fund Portfolio to an amount equal to 2.5 percent of the first
$30 million of average daily net assets of the Portfolio, 2.0 percent of the
next $70 million of average daily net assets of the Portfolios, and 1.5 percent
of average daily net assets of the Portfolio in excess of $100 million.
ANNUITY PROVISIONS
ANNUITY COMMENCEMENT DATE
Annuity payments under a Contract will begin on the Annuity Commencement
Date that is selected by the Contractholder at the time the Contract is applied
for. The Annuity Commencement Date chosen may be no earlier than the Contract
Anniversary nearest the Annuitant's 10th birthday, and no later than the
Contract Anniversary nearest the Annuitant's 95th birthday. The minimum number
of years from the Contract Date to
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<PAGE> 25
the Annuity Commencement Date is 10. The Annuity Commencement Date may be
advanced to a date not earlier than the 10th Contract Anniversary or deferred
from time to time by the Contractholder by written notice to the Company,
provided that (1) notice of such deferral or advance is received by the Company
prior to the then current Annuity Commencement Date, and (2) the new Annuity
Commencement Date is a date which is not later than the Contract Anniversary
nearest the Annuitant's 95th birthday. A particular retirement plan may contain
other restrictions.
On the Annuity Commencement Date, the Contract's Surrender Value will be
applied to provide an annuity or any other option previously chosen by the
Contractholder and permitted by the Company. A supplementary contract will be
issued, and that contract will set forth the terms of the settlement. No
payments may be requested under the Contract's surrender provisions after the
Annuity Commencement Date, and no surrender will be permitted except as may be
available under the Settlement Option elected.
For Contracts issued in connection with retirement plans, reference should
be made to the terms of the particular retirement plan for any limitations or
restrictions on the Annuity Commencement Date.
ELECTION AND CHANGE OF SETTLEMENT OPTION
During the lifetime of the Annuitant and prior to the Annuity Commencement
Date, the Contractholder may elect one or more of the Settlement Options
described below, or such other settlement option (including a lump-sum payment)
as may be agreed to by the Company. The Contractholder may also change any
election, but written notice of an election or change of election must be
received by the Company at its Operations Center prior to the Annuity
Commencement Date. If no election is in effect on the Annuity Commencement Date,
Settlement Option 3, for a Life Annuity with 10 years certain, based on the
Annuitant's life, will be deemed to have been elected.
Settlement Options may also be elected by the Contractholder or the
Beneficiary as provided in the Death Benefit and Surrender sections of this
Prospectus. (See "Death Benefit" at page 18 and "Surrenders" at page 16.)
Where applicable, reference should be made to the terms of a particular
retirement plan and any applicable legislation for any limitations or
restrictions on the options that may be elected.
SETTLEMENT OPTIONS
Proceeds settled under the Settlement Options listed below or otherwise
currently available will not participate in the investment experience of the
Variable Account.
Settlement Option 1 -- Interest Income: Interest on the proceeds at a rate
(not less than 2 percent per year) set by the Company each year.
Settlement Option 2 -- Income for Specified Period: Fixed monthly payments
for a specified period of time, as elected. The payments may, at the Company's
option, be increased by additional interest each year.
Settlement Option 3 -- Single Life Income: Payments for the life of the
payee and for a period certain. The period certain may be (a) 0 years, 10 years,
or 20 years, or (b) the period required for the total income payments to equal
the proceeds (refund period certain). The amount of the income will be
determined by the Company on the date the proceeds become payable.
Settlement Option 3A -- Joint Life Income: Payments during the joint
lifetime of the payee and one other person, and during the lifetime of the
survivor. The survivor's monthly income may be equal to either (a) the income
payable during the joint lifetime or (b) two-thirds of that income. If a person
for whom this option is chosen dies before the first monthly payment is made,
the survivor will receive proceeds instead under Settlement Option 3, with 10
years certain.
Settlement Option 4 -- Income of Specified Amount: Income, of an amount
chosen, for as long as the proceeds and interest last. The amount chosen to be
received as income in each year may not be less than
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<PAGE> 26
10 percent of the proceeds settled. Interest will be credited annually on the
amount remaining unpaid at a rate determined annually by the Company. This rate
will not be less than 2 percent per year.
The Contract contains annuity payment rates for Settlement Options 3 and 3A
described in this Prospectus. The rates show, for each $1,000 applied, the
dollar amount of the monthly fixed annuity payment, when this payment is based
on minimum guaranteed interest as described in the Contract.
The annuity payment rates may vary according to the Settlement Option
elected and the age of the payee. The mortality table used in determining the
annuity payment rates for Options 3 and 3A is the 1983 Table "a" (discrete
functions, without projections for future mortality), with 3 percent interest.
Under Settlement Option 3, if income based on the period certain elected is
the same as the income provided by another available period or periods certain,
the Company will deem the election to have been made of the longest period
certain.
In Qualified Plans, settlement options available to Contractholders may be
restricted by the terms of the plans.
FREQUENCY OF ANNUITY PAYMENTS
Annuity payments will be paid as monthly installments unless the payee
requests quarterly, semiannual, or annual installments at the time the option is
chosen. However, if the net amount available to apply under any Settlement
Option under any circumstances is less than $1,000, the Company shall have the
right to pay such amount in one lump sum. In addition, if the payments provided
for would be less than $25, the Company shall have the right to change the
frequency of payments to such intervals as will result in payments of at least
$25.
ADDITIONAL PROVISIONS
The Company may require proof of age of the Annuitant before making any
life annuity payment provided for by the Contract. If the age of the Annuitant
has been misstated, the amount payable will be the amount that the amount
settled would have provided at the correct age. Once life income payments have
begun, any underpayments will be made up in one sum with the next annuity
payment; overpayments will be deducted from the future annuity payments until
the total is repaid.
The Contract must be returned to the Company upon any settlement. Prior to
any settlement of a death claim, due proof of the Annuitant's death must be
submitted to the Company.
Where any benefits under the Contract are contingent upon the recipient's
being alive on a given date, the Company may require proof satisfactory to it
that such condition has been met.
The Contracts described in this Prospectus contain annuity payment rates
that distinguish between men and women. On July 6, 1983, the Supreme Court held
in Arizona Governing Committee v. Norris that optional annuity benefits provided
under an employer's deferred compensation plan could not, under Title VII of the
Civil Rights Act of 1964, vary between men and women on the basis of sex.
Because of this decision, the annuity payment rates applicable to Contracts
purchased under an employment-related insurance or benefit program may in some
cases not vary on the basis of the Annuitant's sex. Unisex rates to be provided
by the Company will apply for Qualified Plans.
Employers and employee organizations should consider, in consultation with
legal counsel, the impact of Norris, and Title VII generally, and any comparable
state laws that may be applicable, on any employment-related plan for which a
Contract may be purchased.
OTHER PROVISIONS
OWNERSHIP
The Contractholder has all rights and may receive all benefits under the
Contract. During the lifetime of the Annuitant (and the Contingent Annuitant if
one has been named), the Contractholder shall be the person
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so designated in the application, unless changed, or unless a Successor
Contractholder becomes the Contractholder. On and after the death of the
Annuitant (and the Contingent Annuitant, if applicable), the Beneficiary shall
be the Contingent Annuitant's executors or administrators, unless the
Contractholder directed otherwise.
The Contractholder may name a Successor Contractholder or a new
Contractholder at any time. If the Contractholder dies, the Successor
Contractholder, if living, becomes the Contractholder. Any request for change
must be: (1) made in writing; and (2) received at the Company. The change will
become effective as of the date the written request is signed. A new choice of
Contractholder or Successor Contractholder will not apply to any payment made or
action taken by the Company prior to the time a request for change is received.
Contractholders should consult a competent tax advisor prior to changing
Contractholders.
PROVISION REQUIRED BY SECTION 72(S) OF THE CODE
If the Contractholder of a Non-Qualified Plan dies before the Annuity
Commencement Date and while the Annuitant is living, and if that
Contractholder's spouse is not the Successor Contractholder as of the date of
that Contractholder's death (as evidenced by proof satisfactory to the Company),
then the Contract will be surrendered as of the date of that death. If the
Successor Contractholder is the Beneficiary, the surrender proceeds may, at the
option of the Successor Contractholder, be paid over the life of the Successor
Contractholder. Such payments must begin no later than one year after such date
of death. If the Successor Contractholder is a surviving spouse, then the
surviving spouse will be treated as the new Contractholder of the Contract.
Under such circumstances, it shall not be necessary to surrender the Contract.
If the spouse is not the Successor Contractholder and there is no designated
beneficiary, the proceeds must be distributed within 5 years after the date of
death. However, under the terms of the Contract, if the spouse is not the
Successor Contractholder, the Contract will be surrendered as of the date of
death and the proceeds will be paid to the Beneficiary. This provision shall not
extend the term of the Contract beyond the date when death proceeds become
payable.
Further, if the Contractholder dies on or after the Annuity Commencement
Date, then any remaining portion of the proceeds will be distributed at least as
rapidly as under the method of distribution being used as of the date of the
Contractholder's death.
PROVISION REQUIRED BY SECTION 401(A)(9) OF THE CODE
The entire interest of a Qualified Plan participant under the Contract will
be distributed to the Contractholder or his/her Designated Beneficiary either by
or beginning not later than April 1 of the calendar year following the calendar
year in which the Qualified Plan Participant attains age 70 1/2. The period over
which such distribution will be made is the life of such Participant or the
lives of such Participant and Designated Beneficiary.
Where distributions have begun in accordance with the previous paragraph
and the Participant dies before the Contractholder's entire interest has been
distributed to him/her, the remaining portion of such interest will be
distributed at least as rapidly as under the method of distribution being used
as of the date of the Participant's death. If the Participant dies before the
commencement of such distributions and there is no Designated Beneficiary, the
Contract will be surrendered as of the date of death. The surrender proceeds
must be distributed within 5 years after the date of death. But if there is a
Designated Beneficiary, the surrender proceeds may, at the option of the
Designated Beneficiary, be paid over the life of the Designated Beneficiary. In
such case, distributions will begin not later than one year after the
Participant's death. If the Designated Beneficiary is the surviving spouse of
the Participant, the date on which the distributions will begin shall not be
earlier than the date on which the Participant would have attained age 70 1/2.
If the surviving spouse dies before distributions to him/her begin, the
provisions of this paragraph shall be applied as if the surviving spouse were
the Participant. If the Plan is an IRA under Section 408 of the Code, the
surviving spouse may elect to forego distribution and treat the IRA as his/her
own plan.
It is the Contractholder's responsibility to assure that distribution rules
imposed by the Code will be met. Qualified Plan Contracts include those
qualifying for special treatment under Sections 401, 403, and 408 of the Code.
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CONTINGENT ANNUITANT
Except where the Contract is issued in connection with a Qualified Plan, a
Contingent Annuitant may be designated by the Contractholder. Such designation
may be made once before annuitization, either (1) in the application for the
Contract, or (2) after the Contract is issued, by written notice to the Company
at its Operations Center. The Contingent Annuitant may be deleted by written
notice to the Company at its Operations Center. A designation or deletion of a
Contingent Annuitant will take effect as of the date the written election was
signed. The Company, however, must first accept and record the change at its
Operations Center. The change will be subject to any payment made by the Company
or action taken by the Company before receipt of the notice at the Company's
Operations Center. The Contingent Annuitant will be deleted from the Contract
automatically by the Company as of the Contract Anniversary nearest the
Contingent Annuitant's 95th birthday.
On the death of the Annuitant, the Contingent Annuitant will become the
Annuitant, under the following conditions:
(1) the death of the Annuitant must have occurred before the Annuity
Commencement Date;
(2) the Contingent Annuitant is living on the date of the Annuitant's
death;
(3) if the Annuitant was the Contractholder on the date of death, the
Successor Contractholder must have been the Annuitant's spouse; and
(4) if the Annuity Commencement Date is later than the Contract
Anniversary nearest the Contingent Annuitant's 95th birthday, the Annuity
Commencement Date will be automatically advanced to that Contract
Anniversary.
Effect of Contingent Annuitant's Becoming the Annuitant. If the Contingent
Annuitant becomes the Annuitant at the death of the Annuitant, in accordance
with the conditions specified above, the Death Benefit proceeds of the Contract
will be paid to the Beneficiary only on the death of the Contingent Annuitant.
If the Contingent Annuitant was the Beneficiary on the Annuitant's death, the
Beneficiary will be changed automatically to the person who was the Successor
Beneficiary on the date of death. If there was no Successor Beneficiary, then
the Contingent Annuitant's executors or administrators, unless the
Contractholder directed otherwise, will become the Beneficiary. All other rights
and benefits under the Contract will continue in effect during the lifetime of
the Contingent Annuitant as if the Contingent Annuitant were the Annuitant.
ASSIGNMENT
The Company will not be bound by any assignment until the assignment (or a
copy) is received by the Company at its Home Office. The Company is not
responsible for assessing the validity or effect of any assignment. The Company
shall not be liable as to any payment or other settlement made by the Company
before receipt of the assignment.
If the Contract is issued pursuant to certain retirement plans, then it may
not be assigned, pledged or otherwise transferred except under such conditions
as may be allowed under applicable law.
Because an assignment may be a taxable event, a Contractholder should
consult a competent tax advisor before assigning the Contract.
CHANGE OF BENEFICIARY
So long as the Contract is in force, the Beneficiary or Successor
Beneficiary may be changed by written request to the Company at its Operations
Center in a form acceptable to the Company. The Contract need not be returned
unless requested by the Company. The change will take effect as of the date the
request is signed, whether or not the Annuitant is living when the request is
received by the Company. The Company will not, however, be liable for any
payment made or action taken before receipt and acknowledgement of the request
at its Operations Center.
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SUBSTITUTION OF SECURITIES
If the shares of any Portfolio of the Funds should no longer be available
for investment by the Variable Account or, if in the judgment of the Company's
Board of Directors, further investment in shares of one or more of the
Portfolios of the Funds should become inappropriate in view of the purposes of
the Contract, the Company may substitute shares of another mutual fund for
shares of the Funds already purchased or to be purchased in the future by
Purchase Payments under the Contract. A substitution of securities in any
Subaccount will take place only with prior approval of the Securities and
Exchange Commission and under such requirements as it may impose.
MODIFICATION OF THE CONTRACTS
Upon notice to the Contractholder, the Contract may be modified by the
Company, but only if such modification (1) is necessary to make the Contract or
the Variable Account comply with any law or regulation issued by a governmental
agency to which the Company is subject or (2) is necessary to assure continued
qualification of the Contract under the Internal Revenue Code or other federal
or state laws relating to retirement annuities or annuity contracts or (3) is
necessary to reflect a change in the operation of the Variable Account or the
Subaccounts or the Guaranteed Interest Account or (4) provides additional
Settlement Options or fixed accumulation options. In the event of any
modification, the Company may make appropriate endorsement in the Contract to
reflect such modification.
CHANGE IN OPERATION OF VARIABLE ACCOUNTS
At the Company's election and subject to any necessary vote by persons
having the right to give instructions with respect to the voting of shares of
the Funds held by the Subaccounts, the Variable Account may be operated as a
management company under the Investment Company Act of 1940 or it may be
deregistered under the Investment Company Act of 1940 in the event registration
is no longer required. Deregistration of the Variable Account requires an order
by the Securities and Exchange Commission. In the event of any change in the
operation of the Variable Account pursuant to this provision, the Company may
make appropriate endorsement to the Contract to reflect the change and take such
other action as may be necessary and appropriate to effect the change.
VOTING RIGHTS
All of the assets held in the Subaccounts of the Variable Account will be
invested in shares of the corresponding Portfolios of the Funds. The Company is
the legal holder of those shares and as such has the right to vote to elect the
Board of Directors of the MONY Series Fund or the Board of Trustees of the
Accumulation Trust, to vote upon certain matters that are required by the 1940
Act to be approved or ratified by the shareholders of a mutual fund, and to vote
upon any other matter that may be voted upon at a shareholder's meeting. To the
extent required by law, the Company will vote the shares of each of the Funds
held in the Variable Account (whether or not attributable to Contractholders) at
shareholder meetings of each of the Funds in accordance with the instructions
received from Contractholders. The number of votes will be determined as of the
record date selected by the Board of Directors or the Board of Trustees of the
respective Fund. The Company will furnish Contractholders with the proper forms
to enable them to give it these instructions. Currently, the Company may
disregard voting instructions under the circumstances described in the following
paragraph.
The Company may, if required by state insurance officials, disregard voting
instructions if those instructions would require shares to be voted to cause a
change in the subclassification or investment objectives or policies of one or
more of the Portfolios of either or both of the Funds, or to approve or
disapprove an investment adviser or principal underwriter for either or both of
the Funds. In addition, the Company itself may disregard voting instructions
that would require changes in the investment objectives or policies of any
Portfolio or in an investment adviser or principal underwriter for either or
both of the Funds, if the Company reasonably disapproves those changes in
accordance with applicable federal regulations. If the
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Company does disregard voting instructions, it will advise Contractholders of
that action and its reasons for the action in the next semiannual report to
Contractholders.
Each Contractholder will have the equivalent of one vote per $100 of value
attributable to the Contract held in each Subaccount of the Variable Account,
with fractional votes for amounts less than $100. For voting purposes, this
value attributable to the Contract is equal to the Cash Value. These votes,
represented as votes per $100 of value in each Subaccount of the Variable
Account, are converted into a proportionate number of votes in shares of the
corresponding Portfolio of each of the Funds. Shares of each of the Funds held
in each Subaccount for which no timely instructions from Contractholders are
received will be voted by the Company in the same proportion as those shares in
that Subaccount for which instructions are received. Should applicable federal
securities laws or regulations permit, the Company may elect to vote shares of
each of the Funds in its own right.
The number of shares of the corresponding Portfolio of one of the Funds in
a Subaccount for which instructions may be given by a Contractholder is
determined by dividing the portion of the value attributable to the Contract
held in that Subaccount by the net asset value of one share in the corresponding
Portfolio of the respective Fund. In other words, if the value attributable to
the Contract held in the Subaccount were $540 and the net asset value of the
respective Fund's shares of the Portfolio held in that Subaccount were $20 per
share on the record date, then the Contractholder could issue instructions on
5.4 votes (representing votes per $100 of value attributable to the Contract
held in the Subaccount), which would be converted into instructions on 27 shares
of the respective Fund.
Matters on which Contractholders may give voting instructions include the
following: (1) approval of any change in the Investment Advisory Agreement and
Services Agreement, if any, for the Portfolio(s) of the Fund(s) corresponding to
the Contractholder's selected Subaccount(s); (2) any change in the fundamental
investment policies of the Portfolio(s) corresponding to the Contractholder's
selected Subaccount(s); and (3) any other matter requiring a vote of the
shareholders of either of the Funds. With respect to approval of the Investment
Advisory Agreement or any change in a Portfolio's fundamental investment
policies, Contractholders participating in that Portfolio will vote separately
on the matter pursuant to the requirements of Rule 18f-2 under the 1940 Act.
DISTRIBUTION OF THE CONTRACTS
MONY Securities Corp. ("MSC"), a New York corporation which is a
wholly-owned subsidiary of MONY, will act as the principal underwriter of the
Contracts, pursuant to an underwriting agreement with the Company. MSC is
registered as a broker-dealer under the Securities Exchange Act of 1934 and is a
member of the National Association of Securities Dealers. The Contracts are sold
by individuals who are registered representatives of MSC and who are also
licensed as life insurance agents for the Company. The Contracts may also be
sold through other broker-dealers authorized by MSC and applicable law to do so.
Commissions and other expenses directly related to the sale of the Contract will
not exceed 6.0 percent of Purchase Payments. Additional compensation may be paid
for persistency, sales quality, and contract size and for other services not
directly related to the sale of the Contract. Such services include the training
of personnel and the production of promotional literature.
FEDERAL TAX STATUS
INTRODUCTION
The Contracts described in this Prospectus are designed for use by
retirement plans that may or may not qualify for favorable tax treatment under
the provisions of Section 401, 403, 408(b), and 457 of the Code. The ultimate
effect of federal income taxes on the value of the Contract's Cash Value, on
annuity payments, and on the economic benefit to the Contractholder, the
Annuitant, and the Beneficiary may depend upon the type of retirement plan for
which the Contract is purchased and upon the tax and employment status of the
individual concerned.
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The following discussion of the treatment of the Contracts and of the
Company under the federal income tax laws is general in nature, is based upon
the Company's understanding of current federal income tax laws, and is not
intended as tax advice. Any person contemplating the purchase of a Contract
should consult a qualified tax adviser. A more detailed description of the
treatment of the Contract under federal income tax laws is contained in the
Statement of Additional Information. THE COMPANY DOES NOT MAKE ANY GUARANTEE
REGARDING ANY TAX STATUS, FEDERAL, STATE, OR LOCAL, OF ANY CONTRACT OR ANY
TRANSACTION INVOLVING THE CONTRACTS.
TAX TREATMENT OF THE COMPANY
Under existing federal income tax laws, the income of the Variable
Accounts, to the extent that it is applied to increase reserves under the
Contracts, is substantially nontaxable to the Company.
TAXATION OF ANNUITIES IN GENERAL
The Contracts offered by this Prospectus are designed for use in connection
with Qualified Plans and Non-Qualified Plans. All or a portion of the
contributions to such plans will be used to make Purchase Payments under the
Contracts. In general, contributions to Qualified Plans and income earned on
contributions to all plans are tax-deferred until distributed to plan
participants or their beneficiaries. Such tax deferral is not, however,
available for Non-Qualified Plans if the Contractholder is other than a natural
person unless the contract is held as an agent for a natural person. Annuity
payments made as retirement distributions under a Contract, except to the extent
of participant (in the case of Qualified Plans) or Contractholder (in the case
of Non-Qualified Plans) contributions, are generally taxable to the annuitant as
ordinary income. Contractholders, Annuitants, and Beneficiaries should seek
qualified advice about the tax consequences of distributions, withdrawals, and
payments under the retirement plans in connection with which the Contracts are
purchased.
The Company will withhold and remit to the United States Government and,
where applicable, to state governments part of the taxable portion of each
distribution made under a Contract unless the Contractholder or Annuitant
provides his or her taxpayer identification number to the Company and notifies
the Company that he or she chooses not to have amounts withheld.
Under the Technical and Miscellaneous Revenue Act of 1988 ("TAMRA"), for
purposes of determining the amount includable in gross income with respect to
distributions not received as an annuity, including deemed distributions
resulting from gratuitous transfers, all annuity contracts issued by the same
company to the same Contractholder during any 12 month period, other than those
issued to qualified retirement plans, will be treated as one annuity contract.
The IRS is given power to prescribe additional rules to prevent avoidance of
this rule through serial purchases of contracts or otherwise. None of these
rules is expected to affect tax-benefitted plans.
Effective January 1, 1993, distributions of plan benefits from qualified
retirement plans, other than individual retirement arrangements ("IRAs"),
generally will be subject to mandatory federal income tax withholding unless
they either are:
1. Part of a series of substantially equal periodic payments (at least
annually) for the participant's life or life expectancy, the joint lives or
life expectancies of the participant and his/her beneficiary, or a period
certain of not less than 10 years, or
2. Required by the Code upon the participant's attainment of age
70 1/2 or death.
Such withholding will apply even if the distribution is rolled over into
another qualified plan, including an IRA. The withholding can be avoided if the
participant's interest is directly transferred by the old plan to another
eligible qualified plan, including an IRA. A direct transfer to the new plan can
be made only in accordance with the terms of the old plan. If withholding is not
avoided, the amount withheld may be subject to income tax and excise tax
penalties.
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Under the generation skipping transfer tax, the Company may be liable for
payment of this tax under certain circumstances. In the event that the Company
determines that such liability exists, an amount necessary to pay the generation
skipping transfer tax may be subtracted from the death benefit proceeds.
ANNUITY CONTRACTS GOVERNED BY SECTION 403(B) OF THE CODE
An annuity contract will not be treated as a Qualified Contract under
Section 403(b) of the Code unless distributions which are attributable to a
contribution made pursuant to a salary reduction agreement may be paid only: (1)
when the Contractholder attains age 59 1/2; (2) when the Contractholder
separates from the service of his employer; (3) when the Contractholder dies;
(4) when the Contractholder becomes permanently disabled within the meaning of
Section 72(m)(7) of the Code; or (5) in the case of hardship. These restrictions
generally apply to contributions made after December 31, 1988 and to any
increase in Cash Value of the Contract after December 31, 1988. Therefore
effective January 1, 1989 and thereafter, any contributions made, or increase in
Cash Value, on or after January 1, 1989 will be restricted from withdrawal
except upon attainment of age 59 1/2, separation from service, death, disability
or hardship (hardship withdrawals are to be limited to the amount of the
Contractholder's Purchase Payments). However, any Purchase Payments that reflect
employer contributions and the earnings thereon will not be restricted unless
specifically provided for by the applicable employer's plan.
RETIREMENT PLANS
The Contracts described in this Prospectus currently are designed for use
with the following types of retirement plans:
(1) Pension and Profit-Sharing Plans established by business employers
and certain associations, as permitted by Sections 401(a) and 401(k) of the
Code, including those purchasers who would have been covered under the
rules governing H.R. 10 (Keogh) Plans;
(2) Individual Retirement Annuities permitted by Section 408(b) of the
Code, including Simplified Employee Pensions established by employers
pursuant to Section 408(k);
(3) Tax-Sheltered Annuity Plans established by certain educational and
tax-exempt organizations under Section 403(b) of the Code. (Effective
January 1, 1989, the Contracts offered by this Prospectus have been
withdrawn from sale in all states in connection with Qualified Plans which
intend to qualify for federal income tax advantages available under Section
403(b) of the Code.);
(4) Deferred compensation plans provided by certain governmental
entities under Section 457; and
(5) Non-Qualified Plans.
The tax rules applicable to participants in such retirement plans vary
according to the type of plan and its terms and conditions. Therefore, no
attempt is made herein to provide more than general information about the use of
Contracts with the various types of retirement plans. Participants in such plans
as well as Contractholders, Annuitants, and Beneficiaries are cautioned that the
rights of any person to any benefits under these plans are subject to the terms
and conditions of the plans themselves, regardless of the terms and conditions
of the Contracts. The Company will provide purchasers of Contracts used in
connection with Individual Retirement Annuities with such supplementary
information as may be required by the Internal Revenue Service or other
appropriate agency. Any person contemplating the purchase of a Contract should
consult a qualified tax adviser.
SPECIAL EXCHANGE OFFER
Holders of flexible premium variable annuity contracts issued by the
Company on and after November 1, 1987 will have a special right to exchange the
contract which they hold for a Contract. The Company will waive all charges
imposed upon the surrender of the contract which they hold, provided that (1) an
application for the Contract be submitted upon the exercise of this special
right, and (2) the special right is exercised not later than the expiration of
60 days from the latter of the date upon which the exchange program becomes
effective and the date the Contract becomes available in the state in which such
contractholder resides.
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PERFORMANCE DATA
From time to time the performance of one or more of the Subaccounts may be
advertised. The performance data contained in these advertisements is based upon
historical earnings and is not indicative of future performance. The data for
each Subaccount reflects the results of the corresponding Portfolio of the Fund
and recurring charges and deductions borne by or imposed on the Portfolio and
the Subaccount. Set forth below for each Subaccount is the manner in which the
data contained in such advertisements will be calculated.
Money Market Subaccount. The performance data for this Subaccount will
reflect the "yield" and "effective yield". The "yield" of the Subaccount refers
to the income generated by an investment in the Subaccount over the seven day
period stated in the advertisement. This income is "annualized", that is, the
amount of income generated by the investment during that week is assumed to be
generated each week over a 52-week period and is shown as a percentage of the
investment. The "effective yield" is calculated similarly, but, when annualized,
the income earned by an investment in the Subaccount is assumed to be
reinvested. The "effective yield" will be slightly higher than the "yield"
because of the compounding effect of this assumed reinvestment.
Subaccounts other than the Money Market Subaccount. The performance data
for these Subaccounts will reflect the "yield" and "total return". The "yield"
of each of these Subaccounts refers to the income generated by an investment in
that Subaccount over the 30 day period stated in the advertisement and is the
result of dividing that income by the value of the Subaccount. The value of each
Subaccount is the average daily number of Units outstanding multiplied by the
Unit Value on the last day of the period. The "yield" reflects deductions for
all charges, expenses, and fees of both the Funds and the Variable Account other
than the Surrender Charge. "Total return" for each of these Subaccounts refers
to the return a Contractholder would receive during the period indicated if a
$1,000 Purchase Payment was made the indicated number of years ago. It reflects
historical investment results less charges and deductions of both the Funds and
the Variable Account, including any Surrender Charge imposed as a result of the
full Surrender, with the distribution being made in cash rather than in the form
of one of the settlement options, at the close of the period for which the
"total return" data is given. Total return data may also be shown assuming that
the Contract continues in force (i.e., was not surrendered) beyond the close of
the periods indicated, in which case that data would reflect all charges and
deductions of both the Funds and the Variable Account other than the Surrender
Charge. Returns for periods exceeding one year reflect the average annual total
return for such period. In addition to the total return data described above
based upon a $1,000 investment, comparable data may also be shown for an
investment equal to the amount of the average purchase payment made by a
purchaser of a Contract during the prior year.
Non-Standardized Performance Data. From time to time, average annual total
return or other performance data may also be advertised in non-standardized
formats. Non-standard performance data will be accompanied by standard
performance data, and the period covered or other non-standard features will be
disclosed.
In addition, reference in advertisements may be made to various indices,
including, without limitation, the Standard & Poor's 500 Indices and the Lehman
Brothers, Shearson, CDA/Wiesenberger, Russell, Merrill Lynch, and Wilshire
indices, and to various ranking services, including, without limitation, the
Lipper Annuity and Closed End Survey compiled by Lipper Analytical Services and
the VARDS report compiled by Variable Annuity Research and Data Service in order
to provide the reader a basis for comparison of performance.
ADDITIONAL INFORMATION
This Prospectus does not contain all the information set forth in the
registration statement, certain portions of which have been omitted pursuant to
the rules and regulations of the Securities and Exchange Commission. The omitted
information may be obtained from the Commission's principal office in
Washington, D.C., upon payment of the fees prescribed by the Commission.
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For further information with respect to the Company and the Contracts
offered by this Prospectus, including the Statement of Additional Information
(which includes financial statements relating to the Company), Contractholders
and prospective investors may also contact the Company at its address or phone
number set forth on the cover of this Prospectus for requesting such statement.
The Statement of Additional Information is available from the Company without
charge.
LEGAL PROCEEDINGS
There are no legal proceedings to which the Variable Account is a party.
The Company and the principal underwriter are engaged in various kinds of
routine litigation which, in the opinions of the Company and the principal
underwriter, are not of material importance in relation to the total capital and
surplus of the Company or the principal underwriter.
FINANCIAL STATEMENTS
The financial statements for the Company should be distinguished from the
financial statements of the Variable Account and should be considered only as
bearing on the ability of the Company to meet its obligations under the
Contracts. The financial statements of the Company should not be considered as
bearing on the investment performance of the assets held in the Variable
Account. The financial statements of the Company and The Variable Account are
included in the Statement of Additional Information.
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TABLE OF CONTENTS
OF
STATEMENT OF ADDITIONAL INFORMATION
MAY 1, 1997
<TABLE>
<CAPTION>
ITEM PAGE
- -------------------------------------------------------------------------------------- ----
<S> <C>
MONY Life Insurance Company of America................................................ 1
Legal Opinion......................................................................... 1
Independent Accountants............................................................... 1
Federal Tax Status.................................................................... 1
Performance Data...................................................................... 5
Financial Statements.................................................................. F-1
</TABLE>
If you would like to receive a copy of the MONY America Variable Account A
Statement of Additional Information, please return this request to:
The Mutual Life Insurance Company of New York
1740 Broadway
New York, New York 10019
Your name
Address
City ________________ State ________________ Zip _____
Please send me a copy of the MONY America Variable Account A Statement of
Additional Information.
Policy B2-88/B4-88
FORM NO. 13455 (5/97) 33-20453
33
<PAGE> 36
APPENDIX A
CALCULATION OF SURRENDER CHARGE
ILLUSTRATION 1
Suppose an initial Purchase Payment of $15,000 is the only payment made,
and no taxes are deducted from this payment. At the beginning of the third
Contract Year, the Cash Value of the Contract has grown to $18,000 and the
Contractholder requests a partial surrender of $2,000.
The Surrender Charge is determined as follows:
Step 1: Purchase Payments are allocated to the surrender amount, as
follows:
<TABLE>
<CAPTION>
NUMBER OF CONTRACT
ANNIVERSARIES SINCE AMOUNT AMOUNT AVAILABLE
PURCHASE PAYMENT CONTRACT YEAR ALLOCATED FOR ALLOCATION TO
RECEIVED BY US PAYMENT RECEIVED TO SURRENDER FUTURE SURRENDERS
---------------------------------------- ---------------- ------------ -----------------
<S> <C> <C> <C>
0............................... 3 $ 0 $ 0
1............................... 2 0 0
2............................... 1 2,000 13,000
</TABLE>
IF THE CONTRACT IS A NON-QUALIFIED CONTRACT --
Step 2: The Guaranteed Free Surrender Amount is calculated as 10% of the
Cash Value ($1,800). Reduce the resulting amount allocated to surrender ($2,000)
by the Guaranteed Free Surrender Amount ($1,800), and apply the Surrender Charge
Percentages as follows:
<TABLE>
<CAPTION>
NUMBER OF CONTRACT AMOUNT OF
ANNIVERSARIES SINCE AMOUNT SURRENDER SURRENDER
PURCHASE PAYMENT CONTRACT YEAR ALLOCATED CHARGE CHARGE
RECEIVED BY US PAYMENT RECEIVED TO SURRENDER PERCENTAGE (AMT X PCT)
------------------------------ ---------------- ------------ ---------- -----------
<S> <C> <C> <C> <C>
0..................... 3 $ 0 7% $ 0
1..................... 2 0 7 0
2..................... 1 200 6 12
</TABLE>
Step 3: Summing the resulting Amounts of Surrender Charge produces a total
Surrender Charge of $12.
The Surrender Charge, plus the amount of the surrender is then deducted
from the remaining Cash Value of the NonQualified Contract, for a total
withdrawal of $2,012.
IF THE CONTRACT IS A QUALIFIED CONTRACT --
Step 2: The Guaranteed Free Surrender Amount is calculated as up to the
greater of 10% of the Cash Value ($1,800) of the Qualified Contract or up to
$10,000. Since the partial surrender requested is less than $10,000 (although it
is greater than 10 percent), there is no Surrender Charge.
Since there is no Surrender Charge, the entire amount requested is
available under the Guaranteed Free Surrender Amount provision of the Qualified
Contract.
Assuming that in the middle of the tenth Contract Year, a full surrender is
requested. The Cash Value at the time of full surrender is $28,000. Since this
is a full surrender, the Annual Contract Charge (currently $30) is deducted from
the Cash Value, leaving a remaining Cash Value balance of $27,970. For this
calculation, there is $13,000 of Purchase Payments made in the first Contract
Year.
A-1
<PAGE> 37
The Surrender Charge is determined as follows:
Step 1: Purchase Payments are allocated to the surrender amount, as
follows:
<TABLE>
<CAPTION>
NUMBER OF CONTRACT
ANNIVERSARIES SINCE AMOUNT
PURCHASE PAYMENT CONTRACT YEAR ALLOCATED TO
RECEIVED BY US PAYMENT RECEIVED SURRENDER
------------------------------------------------------ ----------------- ------------
<S> <C> <C>
0................................................. 10 $ 0
1................................................. 9 0
2................................................. 8 0
3................................................. 7 0
4................................................. 6 0
5................................................. 5 0
6................................................. 4 0
7................................................. 3 0
8 or more......................................... 1 and 2 13,000
</TABLE>
IF THE CONTRACT IS A NON-QUALIFIED CONTRACT --
Step 2: The Guaranteed Free Surrender Amount is calculated as up to 10% of
the Cash Value ($2,800) of the NonQualified Contract. Reduce the resulting
amount allocated to surrender ($13,000) by the Guaranteed Free Surrender Amount
($2,800), and apply the Surrender Charge Percentages as follows:
<TABLE>
<CAPTION>
NUMBER OF CONTRACT AMOUNT OF
ANNIVERSARIES SINCE AMOUNT SURRENDER SURRENDER
PURCHASE PAYMENT CONTRACT YEAR ALLOCATED TO CHARGE CHARGE
RECEIVED BY US PAYMENT RECEIVED SURRENDER PERCENTAGE (AMT X PCT)
--------------------------------- ---------------- ------------ --------- -----------
<S> <C> <C> <C> <C>
0............................ 10 $ 0 7% $ 0
1............................ 9 0 7 0
2............................ 8 0 6 0
3............................ 7 0 6 0
4............................ 6 0 5 0
5............................ 5 0 4 0
6............................ 4 0 3 0
7............................ 3 0 2 0
8 or more.................... 1 and 2 10,200 0 0
</TABLE>
Step 3: Summing the resulting Amounts of Surrender Charge produces a total
Surrender Charge of $0.
A-2
<PAGE> 38
IF THE CONTRACT IS A QUALIFIED CONTRACT --
Step 2: The Guaranteed Free Surrender Amount is calculated as up to the
greater of 10% of the Cash Value ($2,800) of the Qualified Contract or up to
$10,000. Reduce the resulting amount allocated to surrender ($13,000) by the
Guaranteed Free Surrender Amount ($10,000), and apply the Surrender Charge
Percentages as follows:
<TABLE>
<CAPTION>
NUMBER OF CONTRACT AMOUNT OF
ANNIVERSARIES SINCE AMOUNT SURRENDER SURRENDER
PURCHASE PAYMENT CONTRACT YEAR ALLOCATED TO CHARGE CHARGE
RECEIVED BY US PAYMENT RECEIVED SURRENDER PERCENTAGE (AMT X PCT)
-------------------------------- ---------------- ------------ ---------- -----------
<S> <C> <C> <C> <C>
0........................... 10 $ 0 7% $ 0
1........................... 9 0 7 0
2........................... 8 0 6 0
3........................... 7 0 6 0
4........................... 6 0 5 0
5........................... 5 0 4 0
6........................... 4 0 3 0
7........................... 3 0 2 0
8 or more................... 1 and 2 3,000 0 0
</TABLE>
Step 3: Summing the resulting Amounts of Surrender Charge produces a total
Surrender Charge of $0.
Since there are no Purchase Payments such that 7 or less policy
anniversaries had passed since they were received, no part of the surrender
proceeds are subject to a Surrender Charge. Hence, no Surrender Charge is
assessed on this full surrender.
ILLUSTRATION 2
Suppose Purchase Payments of $2,000 are made at the beginning of every
Contract Year. No taxes are deducted from these Payments. In the middle of the
third Contract Year, a partial surrender of $500 is requested. Suppose the Cash
Value has grown to $7,000 at the time of the partial surrender request.
The Surrender Charge is determined as follows:
Step 1: Purchase Payments are allocated to the surrender amount, as
follows:
<TABLE>
<CAPTION>
NUMBER OF CONTRACT
ANNIVERSARIES SINCE AMOUNT AVAILABLE FOR
PURCHASE PAYMENT CONTRACT YEAR ALLOCATED TO ALLOCATION TO
RECEIVED BY US PAYMENT RECEIVED SURRENDER FUTURE SURRENDERS
---------------------------------------- ---------------- ------------ -----------------
<S> <C> <C> <C>
0................................. 3 $ 0 $ 2,000
1................................. 2 0 2,000
2................................. 1 500 1,500
</TABLE>
IF THE CONTRACT IS A NON-QUALIFIED CONTRACT --
Step 2: The Guaranteed Free Surrender Amount is calculated as up to 10% of
the Cash Value ($700) of the Non-Qualified Contract. Reduce the resulting amount
allocated to surrender ($500) by the Guaranteed Free Surrender Amount ($700),
and apply the Surrender Charge Percentages as follows:
<TABLE>
<CAPTION>
NUMBER OF CONTRACT AMOUNT OF
ANNIVERSARIES SINCE AMOUNT SURRENDER SURRENDER
PURCHASE PAYMENT CONTRACT YEAR ALLOCATED TO CHARGE CHARGE
RECEIVED BY US PAYMENT RECEIVED SURRENDER PERCENTAGE (AMT X PCT)
-------------------------------- ---------------- ------------ ---------- -----------
<S> <C> <C> <C> <C>
0......................... 3 $0 7% $ 0
1......................... 2 0 7 0
2......................... 1 0 6 0
</TABLE>
A-3
<PAGE> 39
Step 3: Summing the resulting Amounts of Surrender Charge produces a total
Surrender Charge of $0.
The partial surrender will be allocated to $500 of payments made in the
first Contract Year. But since 10 percent of the Cash Value ($700) of the
Non-Qualified Contract could be surrendered under the Guaranteed Free Surrender
Amount Provision, the partial surrender of $500 could be withdrawn without a
surrender charge.
IF THE CONTRACT IS A QUALIFIED CONTRACT --
Step 2: The Guaranteed Free Surrender Amount is calculated as up to the
greater of 10% of the Cash Value ($700) of the Qualified Contract or up to
$10,000. Since the partial surrender requested is less than $10,000 and less
than 10% there is no surrender charge.
Since there is no Surrender Charge, the entire amount requested is
available under the Guaranteed Free Surrender Amount provision of the Qualified
Contract.
Assume that Purchase Payments of $2,000 have continually been made at the
beginning of each Contract Year, and that in the middle of the tenth Contract
Year, a partial surrender of $7,500 is requested. The Cash Value is $32,600 at
the time of the partial surrender request.
The Surrender Charge is determined as follows:
Step 1: Purchase Payments are allocated to the surrender amount, as
follows:
<TABLE>
<CAPTION>
NUMBER OF CONTRACT AMOUNT
ANNIVERSARIES SINCE AMOUNT AVAILABLE FOR
PURCHASE PAYMENT CONTRACT YEAR ALLOCATED TO ALLOCATION TO
RECEIVED BY US PAYMENT RECEIVED SURRENDER FUTURE SURRENDERS
-------------------------------------- ---------------- ------------ -----------------
<S> <C> <C> <C>
0................................. 10 $ 0 $ 2,000
1................................. 9 0 2,000
2................................. 8 0 2,000
3................................. 7 0 2,000
4................................. 6 0 2,000
5................................. 5 0 2,000
6................................. 4 2,000 0
7................................. 3 2,000 0
8 or more......................... 1 and 2 3,500 0
</TABLE>
IF THE CONTRACT IS A NON-QUALIFIED CONTRACT --
Step 2: The Guaranteed Free Surrender Amount is calculated as 10% of the
Cash Value ($3,260) of the Non-Qualified Contract. Reduce the resulting amount
allocated to surrender ($3,500) in Contract Years 1 and 2 by the Guaranteed Free
Surrender Amount ($3,260), and apply the Surrender Charge Percentages as
follows:
<TABLE>
<CAPTION>
NUMBER OF CONTRACT AMOUNT OF
ANNIVERSARIES SINCE AMOUNT SURRENDER SURRENDER
PURCHASE PAYMENT CONTRACT YEAR ALLOCATED TO CHARGE CHARGE
RECEIVED BY US PAYMENT RECEIVED SURRENDER PERCENTAGE (AMT X PCT)
- ---------------------------------------- ---------------- ------------ ---------- -----------
<S> <C> <C> <C> <C>
6................................... 4 $2,000 3% $60
7................................... 3 2,000 2 40
8 or more........................... 1 and 2 240 0 0
</TABLE>
Step 3: Summing the resulting Amounts of Surrender Charge produces a total
Surrender Charge of $100.
The Surrender Charge, plus the amount of the surrender is then deducted
from the remaining Cash Value of the NonQualified Contract, for a total
withdrawal of $7,600.
A-4
<PAGE> 40
IF THE CONTRACT IS A QUALIFIED CONTRACT --
Step 2: The Guaranteed Free Surrender Amount is calculated as up to the
greater of 10% of the Cash Value ($3,260) of the Qualified Contract or up to
$10,000. Since the partial surrender requested is less than $10,000 (although it
is greater than 10 percent), there is no surrender charge.
Since there is no Surrender Charge, the entire amount requested is
available under the Guaranteed Free Surrender Amount provision of the Qualified
Contract.
Assuming that in the middle of the twelfth Contract Year, a full surrender
with the full proceeds being settled under Settlement Option 3, Single Life
Income for 10 years certain and during the balance of the annuitant's lifetime,
payments of $2,000 have continuously been made at the beginning of each contract
year. The Cash Value at the time of the full surrender is $26,000. Since this
example assumes a full surrender is being made, the Annual Contract Charge
(currently $30) is deducted from the Cash Value, leaving a remaining Cash Value
of $25,970.
Since the full proceeds are being applied to Settlement Option 3, the
Surrender Charge is $0. The entire remaining Cash Value of $25,970 is applied to
the settlement option.
A-5
<PAGE> 41
THE MONYMASTER
STATEMENT OF ADDITIONAL INFORMATION
DATED MAY 1, 1997
INDIVIDUAL FLEXIBLE PAYMENT
VARIABLE ANNUITY CONTRACT
ISSUED BY
MONY AMERICA VARIABLE ACCOUNT A
AND
MONY LIFE INSURANCE COMPANY OF AMERICA
This Statement of Additional Information is not a prospectus, but it
relates to, and should be read in conjunction with, the prospectus dated May 1,
1997 for the Individual Flexible Payment Variable Annuity Contract ("Contract")
issued by MONY Life Insurance Company of America ("Company"). The prospectus is
available, at no charge, by writing the Company at 1740 Broadway, New York, New
York 10019 or by calling 1-800-487-6669.
TABLE OF CONTENTS
<TABLE>
<CAPTION>
ITEM PAGE
------------------------------------------------------------------------------ ----
<S> <C>
MONY Life Insurance Company of America........................................ 1
Legal Opinion................................................................. 1
Independent Accountants....................................................... 1
Federal Tax Status............................................................ 1
Performance Data.............................................................. 5
Financial Statements.......................................................... F-1
Form No. 13454SL(5/97) 33-20453
</TABLE>
<PAGE> 42
MONY LIFE INSURANCE COMPANY OF AMERICA
MONY Life Insurance Company of America ("Company"), is a stock life
insurance company organized in the state of Arizona. The Company is the
corporate successor of Vico Credit Life Insurance Company, incorporated in
Arizona on March 6, 1969, re-named Vico Life Insurance Company on July 7, 1972,
and re-named Consumers National Life Insurance Company on December 22, 1977. The
Mutual Life Insurance Company of New York ("MONY") purchased Consumers National
Life Insurance Company on December 10, 1981 and changed the corporate name to
MONY Life Insurance Company of America. The Company is currently licensed to
sell life insurance in 49 states (not including New York), the District of
Columbia, the U.S. Virgin Island, and Puerto Rico.
MONY is a mutual life insurance company organized under the laws of the
state of New York in 1842. The principal offices of both MONY and the Company
are at 1740 Broadway, New York, New York 10019. MONY had consolidated assets at
the end of 1996 of approximately $15.3 billion. As of December 31, 1996, MONY
had approximately $121.8 million invested in the Company to support its
insurance operations. MONY intends from time to time to make additional capital
contributions to the Company as needed to enable it to meet its reserve
requirements and expenses in connection with its business. Generally, MONY is
under no obligation to make such contributions, and its assets do not back the
benefits payable under the Contracts.
At May 1, 1997, the rating assigned to the Company by A.M. Best Company,
Inc., an independent insurance company rating organization, was A- (Excellent)
based upon an analysis of financial condition and operating performance through
the end of 1995. At the same date, the Company was rated A- on the same basis.
The A.M. Best rating of the Company should be considered only as bearing on the
ability of the Company to meet its obligations under the Contracts.
The Company has a service agreement with MONY whereby MONY provides the
Company with such personnel, facilities, etc., as are reasonably necessary for
the conduct of the Company's business. These services are provided on a cost
reimbursement basis. The Company intends to administer the Contract itself
utilizing the services provided by MONY as a part of the Service Agreement.
During 1996, the Company paid MONY $50,485,597 for all services provided
under the Service Agreement.
LEGAL OPINION
Legal matters relating to federal securities laws applicable to the issue
and sale of the Contract and all matters of Arizona law pertaining to the
Contract, including the validity of the Contract and the Company's right to
issue the Contract, have been passed upon by Willard G. Eldred, Esq., then Vice
President and Deputy General Counsel, MONY.
INDEPENDENT ACCOUNTANTS
The audited financial statements of the Company and the Variable Account
appearing on the following pages have been audited by Coopers & Lybrand L.L.P.,
independent accountants, and are included herein in reliance on the reports of
said firm given on the authority of that firm as experts in accounting and
auditing. Coopers & Lybrand's office is located at 1301 Avenue of the Americas,
New York, New York 10019.
FEDERAL TAX STATUS
INTRODUCTION
The Contract is designed for use to fund retirement plans which may or may
not be Qualified Plans under the provisions of the Internal Revenue Code (the
"Code"). The ultimate effect of federal income taxes on the Contract value, on
annuity payments, and on the economic benefit to the Contractholder, Annuitant,
or
(1)
<PAGE> 43
Beneficiary depends on the type of retirement plan for which the Contract is
purchased and upon the tax and employment status of the individual concerned.
The discussion contained herein is general in nature and is not intended as tax
advice.
Each person concerned should consult a competent tax adviser. No attempt is
made to consider any applicable state or other tax laws. Moreover, the
discussion herein is based upon the Company's understanding of current federal
income tax laws as they are currently interpreted. No representation is made
regarding the likelihood of continuation of those current federal income tax
laws or of the current interpretations by the Internal Revenue Service.
TAXATION OF ANNUITIES IN GENERAL
Section 72 of the Code governs taxation of annuities in general. Except in
the case of certain corporate and other nonindividual Contractholders, there are
no income taxes on increases in the value of a Contract until a distribution
occurs, in the form of a full surrender, a partial surrender, a death benefit,
an assignment or gift of the Contract, or as annuity payments.
SURRENDERS, DEATH BENEFITS, ASSIGNMENTS AND GIFTS
A Contractholder who fully surrenders his or her Contract is taxed on the
portion of the payment that exceeds his or her cost basis in the Contract. For
Non-Qualified Contracts, the cost basis is generally the amount of the Purchase
Payments made for the Contract, and the taxable portion of the surrender payment
is taxed as ordinary income. For Qualified Contracts, the cost basis is
generally zero, except to the extent of non-deductible employee contributions,
and the taxable portion of the surrender payment is generally taxed as ordinary
income subject to special elective 5-year (and, for certain eligible persons,
10-year) income averaging in the case of certain Qualified Contracts. A
Beneficiary entitled to receive a lump sum death benefit upon the death of the
Annuitant is taxed on the portion of the amount that exceeds the
Contractholder's cost basis in the Contract. If the Beneficiary elects to
receive annuity payments within 60 days of the Annuitant's death, different tax
rules apply. (See "Annuity Payments" below.)
Partial surrenders received under Non-Qualified Contracts prior to
annuitization are first included in gross income to the extent Surrender Value
exceeds Purchase Payments less prior non-taxable distributions, and the balance
is treated as a non-taxable return of principal to the Contractholder. For
partial surrenders under a Qualified Contract, payments are generally prorated
between taxable income and non-taxable return of investment.
There are special rules for Qualified Plans or contracts involving 85
percent or more employee contributions. Since the cost basis of Qualified
Contracts is generally zero, however, partial surrender amounts will generally
be fully taxed as ordinary income.
A Contractholder who assigns or pledges a Non-Qualified Contract is treated
as if he or she had received the amount assigned or pledged and thus is subject
to taxation under the rules applicable to surrenders. A Contractholder who gives
away the Contract (i.e., transfers it without full and adequate consideration)
to anyone other than his or her spouse is treated for income tax purposes as if
he or she had fully surrendered the Contract.
ANNUITY PAYMENTS
The non-taxable portion of each annuity payment is determined by an
"exclusion ratio" formula which establishes the ratio that the cost basis of the
Contract bears to the total expected value of annuity payments for the term of
the annuity. The remaining portion of each payment is taxable. Such taxable
portion is taxed at ordinary income rates. For Qualified Contracts, the cost
basis is generally zero. With annuity payments based on life contingencies, the
payments will become fully taxable once the Annuitant lives longer than the life
expectancy used to calculate the non-taxable portion of the prior payments.
Conversely, a tax deduction in the Annuitant's last taxable year, equal to the
unrecovered cost basis, is available if the Annuitant does not live to life
expectancy.
(2)
<PAGE> 44
PENALTY TAX
Payments received by Contractholders, Annuitants, and Beneficiaries under
both Qualified and Non-Qualified Contracts may be subject to both ordinary
income taxes and a penalty tax equal to 10 percent of the amount received that
is includable in income. The penalty is not imposed on amounts received: (a)
after the taxpayer attains age 59 1/2; (b) in a series of substantially equal
payments made for life or life expectancy following separation from service; (c)
after the death of the Contractholder (or, where the Contractholder is not a
human being, the death of the Annuitant); (d) if the taxpayer is totally
disabled; (e) upon early retirement under the plan after the taxpayer's
attainment of age 55; or (f) which are used for certain medical care expenses.
Exceptions (e) and (f) do not apply to Individual Retirement Accounts and
Annuities and Non-Qualified Contracts. An additional exception for Non-Qualified
Contracts is amounts received as an immediate annuity.
INCOME TAX WITHHOLDING
The Company is required to withhold federal, and, where applicable, state,
income taxes on taxable amounts paid under the Contract unless the recipient
elects not to have withholding apply. The Company will notify recipients of
their right to elect not to have withholding apply.
Effective January 1, 1993, distributions of plan benefits from qualified
retirement plans, other than individual retirement arrangements ("IRAs"),
generally will be subject to mandatory federal income tax withholding unless
they either are:
1. Part of a series of substantially equal periodic payments (at least
annually) for the participant's life or life expectancy, the joint lives or
life expectancies of the participant and his/ her beneficiary, or a period
certain of not less than 10 years, or
2. Required by the Code upon the participant's attainment of age
70 1/2 or death.
Such withholding will apply even if the distribution is rolled over into
another qualified plan, including an IRA. The withholding can be avoided if the
participant's interest is directly transferred by the old plan to another
eligible qualified plan, including an IRA. A direct transfer to the new plan can
be made only in accordance with the terms of the old plan. If withholding is not
avoided, the amount withheld may be subject to income tax and excise tax
penalties.
DIVERSIFICATION STANDARDS
The United States Secretary of the Treasury has the authority to set
standards for diversification of the investments underlying variable annuity
contracts (other than pension plan contracts). The Secretary of the Treasury has
issued certain regulations. Further regulations may be issued. The Funds are
designed to be managed to meet the diversification requirements for the Contract
as those requirements may change from time to time. The Company intends to
satisfy those requirements so that the Contract will be treated as an annuity
contract.
The Secretary of the Treasury has announced that he expects to issue
regulations or Revenue Rulings that will prescribe the circumstances in which a
Contractholder's control of the investments of a segregated asset account may
cause the Contractholder, rather than the insurance company, to be treated as
the owner of the assets of the account. The regulations or Revenue Rulings could
impose requirements that are not reflected in the Contract. The Company,
however, has reserved certain rights to alter the Contract and investment
alternatives so as to comply with such regulations or Revenue Rulings. Since the
regulations or Revenue Rulings have not been issued, there can be no assurance
as to the content of such regulations or Revenue Rulings or even whether
application of the regulations or Revenue Rulings will be prospective. For these
reasons, Contractholders are urged to consult with their own tax advisers.
(3)
<PAGE> 45
QUALIFIED PLANS
The Contract is designed for use with several types of Qualified Plans. The
tax rules applicable to participants in such Qualified Plans vary according to
the type of plan and the terms and conditions of the plan itself. Moreover, many
of these tax rules were changed by the Tax Reform Act of 1986. Therefore, no
attempt is made herein to provide more than general information about the use of
the Contract with the various types of Qualified Plans. Participants under such
Qualified Plans as well as Contractholders, Annuitants, and Beneficiaries are
cautioned that the rights of any person to any benefits under such Qualified
Plans may be subject to the terms and conditions of the plans themselves,
regardless of the terms and conditions of the Contract issued in connection
therewith. Following are brief descriptions of the various types of Qualified
Plans and of the use of the Contract in connection therewith. Purchasers of the
Contract should seek competent advice concerning the terms and conditions of the
particular Qualified Plan and use of the Contract with that plan.
TAX-SHELTERED ANNUITIES
Section 403(b) of the Code permits public school employees and employees of
certain types of charitable organizations specified in Section 501(c)(3) of the
Code and certain educational organizations to purchase annuity contracts and,
subject to certain contribution limitations, exclude the amount of Purchase
Payments from gross income for tax purposes. However, such Purchase Payments may
be subject to Social Security (FICA) taxes. These annuity contracts are commonly
referred to as "Tax-Sheltered Annuities." Effective January 1, 1989, the
Contracts have been withdrawn from sale to Qualified Plans which intend to
qualify for federal income tax advantages available under Section 403(b).
H.R. 10 PLANS
The Self-Employed Individuals Tax Retirement Act of 1962, as amended, which
is commonly referred to as "H.R. 10," permits self-employed individuals to
establish Qualified Plans for themselves and their employees. The tax
consequences to participants under such plans depend upon the plan itself. In
addition, such plans are limited by law to maximum permissible contributions,
distribution dates, and tax rates applicable to distributions. In order to
establish such a plan, a plan document, usually in prototype form pre-approved
by the Internal Revenue Service, is adopted and implemented by the employer.
INDIVIDUAL RETIREMENT ACCOUNTS AND ANNUITIES
Section 408 of the Code permits eligible individuals to contribute to
individual retirement programs known as "Individual Retirement Accounts" and
"Individual Retirement Annuities." These Individual Retirement Accounts and
Annuities are subject to limitations on the amounts which may be contributed,
the persons who may be eligible, and on the time when distributions may
commence. In addition, distributions from certain types of Qualified Plans may
be placed on a tax-deferred basis into an Individual Retirement Account or
Annuity.
CORPORATE PENSION AND PROFIT-SHARING PLANS
Sections 401(a) and 403(a) of the Code permit corporate employers to
establish various types of retirement plans for employees. Such retirement plans
may permit the purchase of the Contract to provide benefits under the plans.
CERTAIN GOVERNMENTAL ENTITIES
Section 457 of the Code permits certain governmental entities to establish
deferred contribution plans. Such deferred contribution plans may permit the
purchase of the Contract to provide benefits under the plans.
(4)
<PAGE> 46
PERFORMANCE DATA
MONEY MARKET SUBACCOUNT
For the seven-day period ended December 31, 1996, the yield was 3.83% and
the effective yield was 3.90%.
The yield is calculated by dividing the result of subtracting the value of
one Unit at the end of the seven day period ("Seventh Day Value") from the value
of one Unit at the beginning of the seven day period ("First Day Value") by the
First Day Value (the resulting quotient being the "Base Period Return") and
multiplying the Base Period Return by 365 divided by 7 to obtain the annualized
yield.
The effective yield was calculated by compounding the Base Period Return
calculated in accordance with the preceding paragraph, adding 1 to the Base
Period Return, raising that sum to a power equal to 365 divided by 7 and
subtracting 1 from the result.
As the Money Market Subaccount invests only in shares of the Money Market
Portfolio of the Fund, the First Day Value reflects the per share net asset
value of the Money Market Portfolio (which will normally be $1.00) and the
number of shares of the Money Market Portfolio of the Fund held in the Money
Market Subaccount. The Seventh Day Value reflects increases or decreases in the
number of shares of the Money Market Portfolio of the Fund held in the Money
Market Subaccount due to the declaration of dividends (in the form of shares and
including dividends (in the form of shares) on shares received as dividends) of
the net investment income and the daily charges and deductions from the
Subaccount for mortality and expense risks and a deduction for the Annual
Contract Charge imposed on each Contract Anniversary which has been pro-rated to
reflect the shortened 7-day period and allocated to the Money Market Subaccount
in the proportion that the total value of the Money Market Subaccount bore to
the total value of the Variable Account at the end of the period indicated. Net
investment income reflects earnings on investments less expenses of the Fund
including the Investment Advisory Fee (which for calculating the yield and
effective yield quoted above is assumed to be .40 percent, the fee which would
be charged based upon the amount of assets under management on the last day of
the period for which the quoted yield is stated). Not reflected in either the
yield or effective yield are surrender charges, which will not exceed 7% of
total Purchase Payments made in the Contract Year of surrender and the preceding
7 Contract Years.
(5)
<PAGE> 47
SUBACCOUNTS OTHER THAN MONEY MARKET SUBACCOUNT
TOTAL RETURN:
The average annual total return for the Subaccounts other than the Money
Market Subaccount, assuming full surrender of the Contract for cash at the end
of the period, for the periods indicated is shown in the table below. This table
does not reflect the impact of the tax laws, if any, on total return as a result
of the surrender.
MONY AMERICA VARIABLE ACCOUNT A
TOTAL RETURN
(ASSUMING $1,000 PAYMENT AT BEGINNING OF
PERIOD AND SURRENDER AT END OF PERIOD)
<TABLE>
<CAPTION>
FOR THE
FOR THE FOR THE FOR THE PERIOD SINCE
1 YEAR ENDED 5 YEARS ENDED 10 YEARS ENDED INCEPTION THROUGH
SUBACCOUNT DECEMBER 31, 1996 DECEMBER 31, 1996 DECEMBER 31, 1996 DECEMBER 31, 1996
- ------------------------------- ----------------- ----------------- ----------------- -----------------
<S> <C> <C> <C> <C>
Equity......................... 16.91% 15.60% N/A 14.99%
Small Cap...................... 2.93% 10.16% N/A 11.99%
Managed........................ 14.08% 16.20% N/A 18.00%
International Growth........... 4.71% N/A N/A 8.32%
High Yield Bond................ 5.01% N/A N/A 10.04%
Intermediate Term Bond......... -4.37% 3.72% 5.36% 7.00%
Long Term Bond................. -8.36% 6.19% 7.34% 9.28%
Government Securities.......... -4.31% 3.04% N/A 4.38%
</TABLE>
- ---------------
MONY America Variable Account A commenced operations on November 25, 1987. Total
return for the period since inception reflects the average annual total return
since the inception (commencement of operations) of the corresponding portfolio
of the respective Fund, which is August 1988 for the Equity and Managed
Portfolios, September 1988 for the Small Cap Portfolio, March 1985 for the
Intermediate Term Bond and Long Term Bond Portfolios, May 1991 for the
Government Securities Portfolio, and November 1994 for the International Growth,
and for the High Yield Bond Portfolios. Total return is not indicative of future
performance.
The table above assumes that a $1,000 payment was made to each Subaccount
at the beginning of the period shown, that no further payments were made, that
any distributions from the corresponding Portfolio of the Funds were reinvested,
and that the Contractholder surrendered the Contract for cash, rather than
electing commencement of annuity benefits in the form of one of the Settlement
Options available, at the end of the period shown. The average annual total
return percentages shown in the table reflect the historical rates of return,
deductions for all charges, expenses, and fees of both the Funds (including the
Investment Advisory Fees described in the Prospectus (see "Investment Advisory
Fee" at page 22) and the Variable Account which would be imposed on the payment
assumed, including a contingent deferred sales (Surrender) charge imposed as a
result of the full surrender and a deduction for the Annual Contract Charge
imposed on each Contract Anniversary and upon full surrender and allocated to
each Subaccount in the proportion that the total value of that Subaccount bore
to the total value of the Variable Account at the end of the period indicated.
(6)
<PAGE> 48
The average annual total return for the Subaccounts other than the Money
Market Subaccount, assuming that the Contracts remain in force throughout the
periods indicated, is shown in the table below.
MONY AMERICA VARIABLE ACCOUNT A
TOTAL RETURN
(ASSUMING $1,000 PAYMENT AT BEGINNING OF
PERIOD AND CONTRACT CONTINUES IN FORCE)
<TABLE>
<CAPTION>
FOR THE
FOR THE FOR THE FOR THE PERIOD SINCE
1 YEAR ENDED 5 YEARS ENDED 10 YEARS ENDED INCEPTION THROUGH
SUBACCOUNT DECEMBER 31, 1996 DECEMBER 31, 1996 DECEMBER 31, 1996 DECEMBER 31, 1996
- ------------------------------- ----------------- ----------------- ----------------- -----------------
<S> <C> <C> <C> <C>
Equity......................... 23.05% 16.04% N/A 14.99%
Small Cap...................... 9.16% 10.72% N/A 11.99%
Managed........................ 20.24% 16.63% N/A 18.00%
International Growth........... 10.93% N/A N/A 10.71%
High Yield Bond................ 11.23% N/A N/A 12.37%
Intermediate Term Bond......... 1.92% 4.46% 5.36% 7.00%
Long Term Bond................. -2.04% 6.86% 7.34% 9.28%
Government Securities.......... 1.98% 3.81% N/A 4.92%
</TABLE>
- ---------------
MONY America Variable Account A commenced operations on November 25, 1987. Total
return for the period since inception reflects the average annual total return
since the inception (commencement of operations) of the corresponding portfolio
of the respective Fund, which is August 1988 for the Equity and Managed
Portfolios, September 1988 for the Small Cap Portfolio, March 1985 for the
Intermediate Term Bond and Long Term Bond Portfolios, May 1991 for the
Government Securities Portfolio, and November 1994 for the International Growth
and for the High Yield Bond Portfolios. Total return is not indicative of future
performance.
The table above reflects the same assumptions and results as the table
appearing on page 6, except that no contingent deferred sales (surrender) charge
has been deducted. The data reflected in the table above reflects the average
annual total return a Contractholder would have received during that period if
he did not surrender his Contract.
In addition to the average annual total returns shown above, average annual
total returns may also be shown for the average purchase payment made by a
purchaser of the Contract. For 1995, this amount was $25,000. The following
tables show average annual total returns calculated on the same basis as the two
tables above, except that the purchase payment is $25,000.
MONY AMERICA VARIABLE ACCOUNT A
TOTAL RETURN
(ASSUMING $25,000 PAYMENT AT BEGINNING OF
PERIOD AND SURRENDER AT END OF PERIOD)
<TABLE>
<CAPTION>
FOR THE
FOR THE FOR THE FOR THE PERIOD SINCE
1 YEAR ENDED 5 YEARS ENDED 10 YEARS ENDED INCEPTION THROUGH
SUBACCOUNT DECEMBER 31, 1996 DECEMBER 31, 1996 DECEMBER 31, 1996 DECEMBER 31, 1996
- ------------------------------- ----------------- ----------------- ----------------- -----------------
<S> <C> <C> <C> <C>
Equity......................... 17.56% 16.14% N/A 15.42%
Small Cap...................... 3.60% 10.70% N/A 12.43%
Managed........................ 15.77% 17.60% N/A 19.00%
International Growth........... 5.05% N/A N/A 8.78%
High Yield Bond................ 5.34% N/A N/A 10.47%
Intermediate Term Bond......... -3.90% 4.16% 5.74% 7.30%
Long Term Bond................. -7.88% 6.62% 7.70% 9.55%
Government Securities.......... -3.96% 3.38% N/A 4.71%
</TABLE>
(7)
<PAGE> 49
- ---------------
MONY America Variable Account A commenced operations on November 25, 1987. Total
return for the period since inception reflects the average annual total return
since the inception (commencement of operations) of the corresponding portfolio
of the respective Fund, which is August 1988 for the Equity and Managed
Portfolios, September 1988 for the Small Cap Portfolio, March 1985 for the
Intermediate Term Bond and Long Term Bond Portfolios, May 1991 for the
Government Securities Portfolio, and November 1994 for the International Growth
and for the High Yield Bond Portfolios. Total return is not indicative of future
performance.
MONY AMERICA VARIABLE ACCOUNT A
TOTAL RETURN
(ASSUMING $25,000 PAYMENT AT BEGINNING OF
PERIOD AND CONTRACT CONTINUES IN FORCE)
<TABLE>
<CAPTION>
FOR THE
FOR THE FOR THE FOR THE PERIOD SINCE
1 YEAR ENDED 5 YEARS ENDED 10 YEARS ENDED INCEPTION THROUGH
SUBACCOUNT DECEMBER 31, 1996 DECEMBER 31, 1996 DECEMBER 31, 1996 DECEMBER 31, 1996
- ------------------------------- ----------------- ----------------- ----------------- -----------------
<S> <C> <C> <C> <C>
Equity......................... 23.69% 16.57% N/A 15.42%
Small Cap...................... 9.83% 11.25% N/A 12.43%
Managed........................ 21.92% 18.00% N/A 19.00%
International Growth........... 11.27% N/A N/A 11.02%
High Yield Bond................ 11.56% N/A N/A 12.66%
Intermediate Term Bond......... 2.38% 4.89% 5.74% 7.30%
Long Term Bond................. -1.57% 7.28% 7.70% 9.55%
Government Securities.......... 2.32% 4.13% N/A 5.20%
</TABLE>
- ---------------
MONY America Variable Account A commenced operations on November 25, 1987. Total
return for the period since inception reflects the average annual total return
since the inception (commencement of operations) of the corresponding portfolio
of the respective Fund, which is August 1988 for the Equity and Managed
Portfolios, September 1988 for the Small Cap Portfolio, March 1985 for the
Intermediate Term Bond and Long Term Bond Portfolios, May 1991 for the
Government Securities Portfolio, and November 1994 for the International Growth
and for the High Yield Bond Portfolios. Total return is not indicative of future
performance.
30-DAY YIELD:
The yield for the Intermediate Term Bond, Long Term Bond, Government
Securities and High Yield Bond Subaccounts is shown in the table below.
MONY AMERICA VARIABLE ACCOUNT A
YIELD FOR 30-DAY PERIOD
<TABLE>
<CAPTION>
INTERMEDIATE LONG TERM GOVERNMENT HIGH YIELD
YIELD FOR 30 DAYS ENDED TERM BOND BOND SECURITIES BOND
- --------------------------------------------------- ------------ --------- ---------- ----------
<S> <C> <C> <C> <C>
December 31, 1996.................................. 4.65% 5.33% 4.77% 6.84%
</TABLE>
- ---------------
The 30-day yield is not indicative of future results.
For the Intermediate Term Bond, and Long Term Bond, Government Securities,
and High Yield Bond Portfolios, net investment income is the net of interest
earned on the obligation held by the Portfolio and expenses accrued for the
period. Interest earned on the obligation is determined by (i) computing the
yield to maturity based on the market value of each obligation held in the
corresponding Portfolio at the close of business on the thirtieth day of the
period (or as to obligations purchased during that 30-day period, based on the
purchase price plus accrued interest); (ii) dividing the yield to maturity for
each obligation by 360; (iii) multiplying that quotient by the market value of
each obligation (including actual accrued interest) for each day of the
subsequent 30-day month that the obligation is in the Portfolio; and (iv)
totaling the interest on each obligation. Discount or premium amortization is
recomputed at the beginning of each 30-day period and with respect to discount
and premium on mortgage or other receivables-backed obligations subject to
(8)
<PAGE> 50
monthly payment of principal and interest, discount and premium is amortized on
the remaining security, based on the cost of the security, to the weighted
average maturity date, if available, or to the remaining term of the security,
if the weighted average maturity date is not available. Gain or loss
attributable to actual monthly paydowns is reflected as an increase or decrease
in interest income during that period.
The yield shown reflects deductions for all charges, expenses, and fees of
both the Funds and the Variable Account other than the contingent deferred sales
(surrender) charge. The surrender charge will not exceed 7% of total Purchase
Payments made in the Contract Year of surrender and the preceding 7 Contract
Years.
Net investment income of the corresponding Portfolio less all charges and
expenses imposed by the Variable Account is divided by the product of the
average daily number of Units outstanding and the value of one Unit on the last
day of the period. The sum of the quotient and 1 is raised to the 6th power, 1
is subtracted from the result, and then multiplied by 2.
YEAR TO DATE TOTAL RETURN:
The tables below show total returns for the year to date (January 1, 1997
to February 14, 1997) which have not been annualized and which assume,
respectively, a $1,000 and a $25,000 payment made at the beginning of the period
and reflecting the same assumptions and results as the table appearing on page
5, except, in the case of the column headed "Contract Continues In Force", no
contingent deferred sales (surrender) charge or annual contract charge has been
deducted:
MONY AMERICA VARIABLE ACCOUNT A
YEAR TO DATE TOTAL RETURN
JANUARY 1 TO FEBRUARY 14, 1997
(ASSUMING $1,000 PAYMENT AT BEGINNING OF PERIOD)
<TABLE>
<CAPTION>
SURRENDER AT CONTRACT CONTINUES
SUBACCOUNT END OF PERIOD IN FORCE
--------------------------------------------------------- ------------- ------------------
<S> <C> <C>
Equity................................................... -1.76% 5.18%
Managed.................................................. -0.67% 7.36%
Small Cap................................................ -3.60% 3.36%
International Growth..................................... -5.81% 0.84%
High Yield Bond.......................................... -4.43% 2.22%
Intermediate Term Bond................................... -5.65% 1.12%
Long Term Bond........................................... -4.98% 1.79%
Government Securities.................................... -5.71% 0.98%
</TABLE>
MONY AMERICA VARIABLE ACCOUNT A
YEAR TO DATE TOTAL RETURN
JANUARY 1 TO FEBRUARY 14, 1997
(ASSUMING $25,000 PAYMENT AT BEGINNING OF PERIOD)
<TABLE>
<CAPTION>
SURRENDER AT CONTRACT CONTINUES
SUBACCOUNT END OF PERIOD IN FORCE
------------------------------------------------------- ------------- ------------------
<S> <C> <C>
Equity................................................. -1.11% 5.18%
Managed................................................ 1.04% 7.36%
Small Cap.............................................. -2.95% 3.36%
International Growth................................... -5.47% 0.84%
High Yield Bond........................................ -4.08% 2.22%
Intermediate Term Bond................................. -5.19% 1.12%
Long Term Bond......................................... -4.51% 1.79%
Government Securities.................................. -5.33% 0.98%
</TABLE>
(9)
<PAGE> 51
OTHER NON-STANDARDIZED PERFORMANCE DATA:
From time to time, average annual total return or other performance data
may also be advertised in non-standardized formats. Non-standard performance
data will be accompanied by standard performance data, and the period covered or
other non-standard features will be disclosed.
FINANCIAL STATEMENTS
The financial statements of the Company should be distinguished from the
financial statements of the Variable Account. The financial statements of the
Company should be considered only as bearing upon the ability of the Company to
meet its obligations under the Contracts and should not be considered as bearing
on the investment performance of the assets held in the Variable Account.
(10)
<PAGE> 52
FINANCIAL STATEMENTS AND NOTES TO FINANCIAL STATEMENTS
INDEX TO FINANCIAL STATEMENTS
<TABLE>
<CAPTION>
PAGE
-----
<S> <C>
With respect to MONY America Variable Account A
Report of Independent Accountants................................................... F-2
Statements of assets and liabilities as of December 31, 1996........................ F-3
Statements of operations for the year ended December 31, 1996....................... F-6
Statements of changes in net assets for the years ended December 31, 1996 and
1995............................................................................. F-9
Notes to financial statements....................................................... F-13
With respect to MONY Life Insurance Company of America:
Report of Independent Accountants................................................... F-16
Balance Sheets as of December 31, 1996 and 1995..................................... F-17
Statements of operations for the years ended December 31, 1996 and 1995............. F-18
Statements of capital and surplus for the years ended December 31, 1996 and 1995.... F-19
Statements of cash flows for the years ended December 31, 1996 and 1995............. F-20
Notes to financial statements....................................................... F-21
</TABLE>
F-1
<PAGE> 53
REPORT OF INDEPENDENT ACCOUNTANTS
To the Board of Directors of
MONY Life Insurance Company of America and the
Contractholders of MONY America Variable Account A:
We have audited the accompanying statements of assets and liabilities of
MONY America Variable Account A (comprising, respectively, the MONY Series Fund,
Inc.'s Equity Growth, Equity Income, Intermediate Term Bond, Long Term Bond,
Diversified, Money Market and Government Securities Subaccounts; the Enterprise
Accumulation Trust's Equity, Small Cap, Managed, International Growth and High
Yield Bond Subaccounts; and the OCC Accumulation Trust's (formerly, the Quest
for Value Accumulation Trust), Money Market, Bond, Equity, Small Cap, and
Managed Subaccounts) as of December 31, 1996, the related statements of
operations for the year then ended and the statements of changes in net assets
for each of the two years in the period then ended. These financial statements
are the responsibility of MONY America's management. Our responsibility is to
express an opinion on these financial statements based on our audits.
We conducted our audits in accordance with generally accepted auditing
standards. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements. Our procedures included
confirmation of securities owned as of December 31, 1996, by correspondence with
the custodian. An audit also includes assessing the accounting principles used
and significant estimates made by management, as well as evaluating the overall
financial statement presentation. We believe that our audits provide a
reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly,
in all material respects, the financial position of each of the respective
subaccounts constituting MONY America Variable Account A as of December 31,
1996, the results of their operations for the year then ended, and the changes
in their net assets for each of the two years in the period then ended, in
conformity with generally accepted accounting principles.
COOPERS & LYBRAND L.L.P.
New York, New York
February 14, 1997
F-2
<PAGE> 54
MONY AMERICA
VARIABLE ACCOUNT A
STATEMENTS OF ASSETS AND LIABILITIES
DECEMBER 31, 1996
<TABLE>
<CAPTION>
MONY SERIES FUND, INC.
----------------------------------------------------------------------------------------------
EQUITY EQUITY INTERMEDIATE LONG TERM MONEY GOVERNMENT
GROWTH INCOME TERM BOND BOND DIVERSIFIED MARKET SECURITIES
SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT
---------- ---------- ------------ ----------- ---------- ------------ -----------
<S> <C> <C> <C> <C> <C> <C> <C>
ASSETS
Investments at cost (Note 4)..... $ 827,651 $ 893,812 $31,870,045 $47,687,932 $1,420,468 $120,638,664 $13,926,074
========== ========== =========== =========== ========== ============ ===========
Investments in MONY Series Fund,
Inc., at net asset value (Note
2)............................. $1,114,506 $1,273,654 $33,263,991 $51,032,203 $1,866,918 $120,638,664 $14,282,771
Amount due from MONY America..... 0 0 16,433 1,967 0 843,431 619
Amount due from MONY Series Fund,
Inc. .......................... 6 0 12,442 12,857 24 181,780 681
---------- ---------- ----------- ----------- ---------- ------------ -----------
Total assets............. 1,114,512 1,273,654 33,292,866 51,047,027 1,866,942 121,663,875 14,284,071
---------- ---------- ----------- ----------- ---------- ------------ -----------
LIABILITIES
Amount due to MONY America....... 6 0 12,442 12,857 24 181,780 681
Amount due to MONY Series Fund,
Inc. .......................... 0 0 16,433 1,967 0 843,431 619
---------- ---------- ----------- ----------- ---------- ------------ -----------
Total liabilities........ 6 0 28,875 14,824 24 1,025,211 1,300
---------- ---------- ----------- ----------- ---------- ------------ -----------
Net assets....................... $1,114,506 $1,273,654 $33,263,991 $51,032,203 $1,866,918 $120,638,664 $14,282,771
========== ========== =========== =========== ========== ============ ===========
Net assets consist of:
Contractholders' net
payments..................... $ 235,003 $ 239,406 $27,772,751 $39,582,879 $ 528,725 $109,770,616 $13,680,832
Undistributed net investment
income....................... 139,622 388,516 4,544,173 8,542,345 607,906 10,868,048 59,807
Accumulated net realized gain
(loss) on investments........ 453,026 265,890 (446,879) (437,292) 283,837 0 185,435
Unrealized appreciation of
investments.................. 286,855 379,842 1,393,946 3,344,271 446,450 0 356,697
---------- ---------- ----------- ----------- ---------- ------------ -----------
Net assets....................... $1,114,506 $1,273,654 $33,263,991 $51,032,203 $1,866,918 $120,638,664 $14,282,771
========== ========== =========== =========== ========== ============ ===========
Number of units outstanding*..... 36,033 43,089 1,916,050 2,506,531 76,353 8,278,977 1,269,214
---------- ---------- ----------- ----------- ---------- ------------ -----------
Net asset value per unit
outstanding*................... $ 30.93 $ 29.56 $ 17.36 $ 20.36 $ 24.45 $ 14.57 $ 11.25
========== ========== =========== =========== ========== ============ ===========
</TABLE>
- ---------------
* Units outstanding have been rounded for presentation purposes.
See notes to financial statements.
F-3
<PAGE> 55
MONY AMERICA
VARIABLE ACCOUNT A
STATEMENTS OF ASSETS AND LIABILITIES (CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
ENTERPRISE ACCUMULATION TRUST
----------------------------------------------------------------------------
INTERNATIONAL HIGH YIELD
EQUITY SMALL CAP MANAGED GROWTH BOND
SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT
------------ ------------ -------------- ------------- -------------
<S> <C> <C> <C> <C> <C>
ASSETS
Investments at cost (Note 4)...... $219,775,741 $149,844,309 $1,278,396,527 $ 41,542,065 $ 29,411,432
============ ============ ============== =========== ===========
Investments in Enterprise
Accumulation Trust at net asset
value (Note 2).................. $272,469,883 $168,095,738 $1,688,910,010 $ 45,080,264 $ 30,415,667
Amount due from MONY America...... 144,761 25,128 634,897 14,131 17,398
Amount due from Enterprise
Accumulation Trust.............. 74,455 18,594 223,999 2,694 50,895
------------ ------------ -------------- ----------- -----------
Total assets............ 272,689,099 168,139,460 1,689,768,906 45,097,089 30,483,960
------------ ------------ -------------- ----------- -----------
LIABILITIES
Amount due to MONY America........ 74,455 18,594 223,999 2,694 50,895
Amount due to Enterprise
Accumulation Trust.............. 144,761 25,128 634,897 14,131 17,398
------------ ------------ -------------- ----------- -----------
Total liabilities....... 219,216 43,722 858,896 16,825 68,293
------------ ------------ -------------- ----------- -----------
Net assets........................ $272,469,883 $168,095,738 $1,688,910,010 $ 45,080,264 $ 30,415,667
============ ============ ============== =========== ===========
Net assets consist of:
Contractholders' net payments... $187,301,054 $127,490,102 $1,044,762,609 $ 40,005,798 $ 27,029,447
Undistributed net investment
income....................... 9,206,890 15,143,700 84,475,226 456,622 2,129,990
Accumulated net realized gain on
investments.................. 23,267,797 7,210,507 149,158,692 1,079,645 251,995
Unrealized appreciation of
investments.................. 52,694,142 18,251,429 410,513,483 3,538,199 1,004,235
------------ ------------ -------------- ----------- -----------
Net assets........................ $272,469,883 $168,095,738 $1,688,910,010 $ 45,080,264 $ 30,415,667
============ ============ ============== =========== ===========
Number of units outstanding*...... 8,212,227 6,346,453 39,371,381 3,610,923 2,361,710
------------ ------------ -------------- ----------- -----------
Net asset value per unit
outstanding*.................... $ 33.18 $ 26.49 $ 42.90 $ 12.48 $ 12.88
============ ============ ============== =========== ===========
</TABLE>
- ---------------
* Units outstanding have been rounded for presentation purposes.
See notes to financial statements.
F-4
<PAGE> 56
MONY AMERICA
VARIABLE ACCOUNT A
STATEMENTS OF ASSETS AND LIABILITIES (CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
OCC ACCUMULATION TRUST
---------------------------------------------------------------
MONEY
MARKET BOND EQUITY SMALL CAP MANAGED
SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT
---------- ---------- ---------- ---------- -----------
<S> <C> <C> <C> <C> <C>
ASSETS
Investments at cost (Note 4)............... $3,613,860 $1,918,686 $1,856,223 $2,767,076 $29,748,753
========== ========== ========== ========== ===========
Investments in OCC Accumulation Trust at
net asset value (Note 2)................. $3,613,860 $1,928,795 $2,874,538 $3,452,097 $45,854,945
---------- ---------- ---------- ---------- -----------
Net assets................................. $3,613,860 $1,928,795 $2,874,538 $3,452,097 $45,854,945
========== ========== ========== ========== ===========
Net assets consist of:
Contractholders' net payments............ $3,371,683 $1,602,466 $1,530,610 $2,531,095 $24,149,134
Undistributed net investment income...... 242,177 270,773 11,267 57,831 9,524
Accumulated net realized gain on
investments........................... 0 45,447 314,346 178,150 5,590,095
Unrealized appreciation of investments... 0 10,109 1,018,315 685,021 16,106,192
---------- ---------- ---------- ---------- -----------
Net assets................................. $3,613,860 $1,928,795 $2,874,538 $3,452,097 $45,854,945
========== ========== ========== ========== ===========
Number of units outstanding*............... 268,258 118,986 87,730 120,183 1,084,412
---------- ---------- ---------- ---------- -----------
Net asset value per unit outstanding*...... $ 13.47 $ 16.21 $ 32.77 $ 28.72 $ 42.29
========== ========== ========== ========== ===========
</TABLE>
- ---------------
* Units outstanding have been rounded for presentation purposes.
See notes to financial statements.
F-5
<PAGE> 57
MONY AMERICA
VARIABLE ACCOUNT A
STATEMENTS OF OPERATIONS
FOR THE YEAR ENDED DECEMBER 31, 1996
<TABLE>
<CAPTION>
MONY SERIES FUND, INC.
---------------------------------------------------------------------------------------------
EQUITY EQUITY INTERMEDIATE LONG TERM MONEY GOVERNMENT
GROWTH INCOME TERM BOND BOND DIVERSIFIED MARKET SECURITIES
SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT
---------- ---------- ------------ ----------- ---------- ------------ ----------
<S> <C> <C> <C> <C> <C> <C> <C>
Dividend income................... $ 0 $ 2,178 $ 0 $ 0 $ 0 $ 4,930,553 $ 0
Mortality and expense risk charges
(Note 3)........................ 12,700 14,747 400,003 617,564 22,534 1,233,069 135,450
-------- -------- ---------- ----------- -------- -------- ----------
Net investment income (loss)...... (12,700) (12,569) (400,003) (617,564) (22,534) 3,697,484 (135,450)
-------- -------- ---------- ----------- -------- -------- ----------
Realized and unrealized gain
(loss) on investments (Note 2):
Proceeds from sales............. 323,602 222,589 6,915,527 17,292,805 337,677 570,512,563 4,068,390
Cost of shares sold............. 231,583 141,068 7,240,566 17,146,740 259,049 570,512,563 3,976,024
-------- -------- ---------- ----------- -------- -------- ----------
Net realized gain (loss) on
investments..................... 92,019 81,521 (325,039) 146,065 78,628 0 92,366
Net increase (decrease) in
unrealized appreciation of
investments..................... 101,576 130,528 1,497,596 (365,732) 166,348 0 360,512
-------- -------- ---------- ----------- -------- -------- ----------
Net realized and unrealized gain
(loss) on investments........... 193,595 212,049 1,172,557 (219,667) 244,976 0 452,878
-------- -------- ---------- ----------- -------- -------- ----------
Net increase (decrease) in net
assets resulting from
operations...................... $180,895 $199,480 $ 772,554 $ (837,231) $222,442 $ 3,697,484 $ 317,428
======== ======== ========== =========== ======== ======== ==========
</TABLE>
See notes to financial statements.
F-6
<PAGE> 58
MONY AMERICA
VARIABLE ACCOUNT A
STATEMENTS OF OPERATIONS (CONTINUED)
FOR THE YEAR ENDED DECEMBER 31, 1996
<TABLE>
<CAPTION>
ENTERPRISE ACCUMULATION TRUST
---------------------------------------------------------------------
INTERNATIONAL HIGH YIELD
EQUITY SMALL CAP MANAGED GROWTH BOND
SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT
----------- ----------- ------------ ------------- ----------
<S> <C> <C> <C> <C> <C>
Dividend income........................... $ 3,532,905 $ 2,721,130 $ 16,381,358 $ 162,526 $1,877,009
Mortality and expense risk charges (Note
3)...................................... 2,542,387 1,957,838 17,470,312 386,302 271,709
----------- ----------- ------------ ---------- ----------
Net investment income (loss).............. 990,518 763,292 (1,088,954) (223,776) 1,605,300
----------- ----------- ------------ ---------- ----------
Realized and unrealized gain on
investments (Note 2):
Proceeds from sales..................... 40,016,641 39,047,589 230,002,101 5,484,621 5,154,473
Cost of shares sold..................... 26,952,562 37,030,602 151,775,225 4,592,854 5,000,711
----------- ----------- ------------ ---------- ----------
Net realized gain on investments.......... 13,064,079 2,016,987 78,226,876 891,767 153,762
Net increase in unrealized appreciation of
investments............................. 28,297,136 11,474,221 198,383,114 2,753,189 860,925
----------- ----------- ------------ ---------- ----------
Net realized and unrealized gain on
investments............................. 41,361,215 13,491,208 276,609,990 3,644,956 1,014,687
----------- ----------- ------------ ---------- ----------
Net increase in net assets resulting from
operations.............................. $42,351,733 $14,254,500 $275,521,036 $ 3,421,180 $2,619,987
=========== =========== ============ ========== ==========
</TABLE>
See notes to financial statements.
F-7
<PAGE> 59
MONY AMERICA
VARIABLE ACCOUNT A
STATEMENTS OF OPERATIONS (CONTINUED)
FOR THE YEAR ENDED DECEMBER 31, 1996
<TABLE>
<CAPTION>
OCC ACCUMULATION TRUST
---------------------------------------------------------------
MONEY
MARKET BOND EQUITY SMALL CAP MANAGED
SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT SUBACCOUNT
---------- ---------- ---------- ---------- -----------
<S> <C> <C> <C> <C> <C>
Dividend income................................. $ 130,637 $ 143,533 $ 78,927 $134,757 $ 998,617
Mortality and expense risk charges (Note 3)..... 37,073 25,022 35,709 40,593 571,085
---------- --------- -------- --------- ----------
Net investment income........................... 93,564 118,511 43,218 94,164 427,532
---------- --------- -------- --------- ----------
Realized and unrealized gain on investments
(Note 2):
Proceeds from sales........................... 5,337,241 275,880 676,647 914,072 13,020,756
Cost of shares sold........................... 5,337,241 268,288 474,931 790,006 8,794,354
---------- --------- -------- --------- ----------
Net realized gains on investments............... 0 7,592 201,716 124,066 4,226,402
Net increase (decrease) in unrealized
appreciation of investments................... 0 (105,165) 300,028 287,148 4,119,101
---------- --------- -------- --------- ----------
Net realized and unrealized gain (loss) on
investments................................... 0 (97,573) 501,744 411,214 8,345,503
---------- --------- -------- --------- ----------
Net increase in net assets resulting from
operations.................................... $ 93,564 $ 20,938 $544,962 $505,378 $ 8,773,035
========== ========= ======== ========= ===========
</TABLE>
See notes to financial statements.
F-8
<PAGE> 60
MONY AMERICA
VARIABLE ACCOUNT A
STATEMENTS OF CHANGES IN NET ASSETS
FOR THE YEARS ENDED DECEMBER 31,
<TABLE>
<CAPTION>
MONY SERIES FUND, INC.
----------------------------------------------------------------------------
EQUITY GROWTH EQUITY INCOME INTERMEDIATE TERM BOND
SUBACCOUNT SUBACCOUNT SUBACCOUNT
---------------------- ----------------------- -------------------------
1996 1995 1996 1995 1996 1995
---------- --------- ---------- ---------- ----------- -----------
<S> <C> <C> <C> <C> <C> <C>
From operations:
Net investment income (loss)................... $ (12,700) $ 51,329 $ (12,569) $ 44,918 $ (400,003) $ 1,359,836
Net realized gain (loss) on investments........ 92,019 89,373 81,521 39,661 (325,039) (217,729)
Net increase (decrease) in unrealized
appreciation of investments.................. 101,576 113,737 130,528 211,754 1,497,596 2,334,874
---------- --------- ---------- --------- ----------- ----------
Net increase (decrease) in net assets resulting
from operations................................ 180,895 254,439 199,480 296,333 772,554 3,476,981
---------- ---------- ---------- --------- ----------- ----------
From unit transactions:
Net proceeds from the issuance of units........ 173,420 19,737 84,957 25,913 7,367,531 6,168,848
Net asset value of units redeemed or used to
meet contract obligations.................... (208,218) (248,505) (144,895) (163,157) (5,502,520) (5,230,269)
---------- ---------- ---------- --------- ----------- ----------
Net increase (decrease) from unit transactions... (34,798) (228,768) (59,938) (137,244) 1,865,011 938,579
------------ ---------
- -
---------- ---------- ----------- ----------
Net increase (decrease) in net assets............ 146,097 25,671 139,542 159,089 2,637,565 4,415,560
Net assets beginning of year..................... 968,409 942,738 1,134,112 975,023 30,626,426 26,210,866
---------- ---------- ---------- ---------- ----------- ----------
Net assets end of year*.......................... $1,114,506 $ 968,409 $1,273,654 $1,134,112 $33,263,991 $30,626,426
========== ========== =========== ========= =========== ===========
Units outstanding beginning of year.............. 37,368 46,927 45,391 51,336 1,806,518 1,753,781
Units issued during the year..................... 6,064 874 3,083 1,242 435,583 382,452
Units redeemed during the year................... (7,399) (10,433) (5,385) (7,187) (326,051) (329,715)
---------- ---------- ---------- --------- ----------- ----------
Units outstanding end of year.................... 36,033 37,368 43,089 45,391 1,916,050 1,806,518
========== ========= ========== ========= =========== ==========
- ---------------
*Includes undistributed net investment income
of:............................................. $ 139,622 $ 152,322 $ 388,516 $ 401,085 $ 4,544,173 $ 4,944,176
<CAPTION>
LONG TERM BOND
SUBACCOUNT
--------------------------
1996 1995
------------ -----------
<S> <C> <C>
From operations:
Net investment income (loss)................... $ (617,564) $ 2,243,045
Net realized gain (loss) on investments........ 146,065 (972,892)
Net increase (decrease) in unrealized
appreciation of investments.................. (365,732) 9,104,767
------------ -----------
Net increase (decrease) in net assets resulting
from operations................................ (837,231) 10,374,920
------------ -----------
From unit transactions:
Net proceeds from the issuance of units........ 14,906,160 13,405,984
Net asset value of units redeemed or used to
meet contract obligations.................... (14,275,641) (8,681,500)
------------ -----------
Net increase (decrease) from unit transactions... 630,519 4,724,484
------------ -----------
Net increase (decrease) in net assets............ (206,712) 15,099,404
Net assets beginning of year..................... 51,238,915 36,139,511
------------ -----------
Net assets end of year*.......................... $ 51,032,203 $51,238,915
============ ===========
Units outstanding beginning of year.............. 2,477,673 2,245,807
Units issued during the year..................... 761,674 714,746
Units redeemed during the year................... (732,816) (482,880)
------------ -----------
Units outstanding end of year.................... 2,506,531 2,477,673
============ ===========
- ---------------
*Includes undistributed net investment income
of:............................................. $ 8,542,345 $ 9,159,909
</TABLE>
See notes to financial statements.
F-9
<PAGE> 61
MONY AMERICA
VARIABLE ACCOUNT A
STATEMENTS OF CHANGES IN NET ASSETS (CONTINUED)
FOR THE YEARS ENDED DECEMBER 31,
<TABLE>
<CAPTION>
MONY SERIES FUND, INC. (CONTINUED)
----------------------------------------------------------------------------------
GOVERNMENT
DIVERSIFIED MONEY MARKET SECURITIES
SUBACCOUNT SUBACCOUNT SUBACCOUNT
----------------------- ----------------------------- ------------------------
1996 1995 1996 1995 1996 1995
---------- ---------- ------------- ------------- ----------- ----------
<S> <C> <C> <C> <C> <C> <C>
From operations:
Net investment income (loss)............... $ (22,534) $ 73,868 $ 3,697,484 $ 2,866,329 $ (135,450) $ 194,429
Net realized gain on investments........... 78,628 59,009 0 0 92,366 93,069
Net increase (decrease) in unrealized
appreciation of investments............. 166,348 248,851 0 0 360,512 (2,911)
---------- ---------- ------------- ------------- ----------- ----------
Net increase in net assets resulting from
operations................................. 222,442 381,728 3,697,484 2,866,329 317,428 284,587
---------- ---------- ------------- ------------- ----------- ----------
From unit transactions:
Net proceeds from the issuance of units.... 108,458 73,106 579,470,083 387,429,226 9,252,639 7,481,232
Net asset value of units redeemed or used
to meet contract obligations............ (270,309) (223,895) (553,816,098) (370,351,387) (2,761,464) (465,806)
---------- ---------- ------------- ------------- ----------- ----------
Net increase (decrease) from unit
transactions............................... (161,851) (150,789) 25,653,985 17,077,839 6,491,175 7,015,426
---------- ---------- ------------- ------------- ----------- ----------
Net increase in net assets................... 60,591 230,939 29,351,469 19,944,168 6,808,603 7,300,013
Net assets beginning of year................. 1,806,327 1,575,388 91,287,195 71,343,027 7,474,168 174,155
---------- ---------- ------------- ------------- ----------- ----------
Net assets end of year*...................... $1,866,918 $1,806,327 $ 120,638,664 $ 91,287,195 $14,282,771 $7,474,168
========== ========== ============= ============= =========== ==========
Units outstanding beginning of year.......... 83,511 90,907 6,504,679 5,304,884 679,711 17,347
Units issued during the year................. 4,729 3,710 40,508,568 28,090,440 829,627 706,241
Units redeemed during the year............... (11,887) (11,106) (38,734,270) (26,890,645) (240,124) (43,877)
---------- ---------- ------------- ------------- ----------- ----------
Units outstanding end of year................ 76,353 83,511 8,278,977 6,504,679 1,269,214 679,711
========== ========== ============= ============= =========== ==========
- ---------------
*Includes undistributed net investment income
of:......................................... $ 607,906 $ 630,440 $ 10,868,048 $ 7,170,564 $ 59,807 $ 195,257
</TABLE>
See notes to financial statements.
F-10
<PAGE> 62
MONY AMERICA
VARIABLE ACCOUNT A
STATEMENTS OF CHANGES IN NET ASSETS (CONTINUED)
FOR THE YEARS ENDED DECEMBER 31,
<TABLE>
<CAPTION>
ENTERPRISE ACCUMULATION TRUST
EQUITY SMALL CAP MANAGED
SUBACCOUNT SUBACCOUNT SUBACCOUNT
1996 1995 1996 1995 1996
------------ ------------ ------------ ------------ --------------
<S> <C> <C> <C> <C> <C>
From operations:
Net investment income (loss)........................ $ 990,518 $ 6,291,238 $ 763,292 $ 7,046,795 $ (1,088,954)
Net realized gain on investments.................... 13,064,079 4,120,247 2,016,987 271,832 78,226,876
Net increase in unrealized appreciation of
investments....................................... 28,297,136 21,768,708 11,474,221 6,498,712 198,383,114
------------ ------------ ------------ ------------ --------------
Net increase in net assets resulting from
operations.......................................... 42,351,733 32,180,193 14,254,500 13,817,339 275,521,036
------------ ------------ ------------ ------------ --------------
From unit transactions:
Net proceeds from the issuance of units............. 115,219,042 51,339,101 41,715,641 35,366,448 496,311,902
Net asset value of units redeemed or used to meet
contract obligations.............................. (30,630,812) (13,768,394) (33,868,192) (31,951,502) (192,035,547)
------------ ------------ ------------ ------------ --------------
Net increase from unit transactions.................. 84,588,230 37,570,707 7,847,449 3,414,946 304,276,355
------------ ------------ ------------ ------------ --------------
Net increase in net assets........................... 126,939,963 69,750,900 22,101,949 17,232,285 579,797,391
Net assets beginning of year......................... 145,529,920 75,779,020 145,993,789 128,761,504 1,109,112,619
------------ ------------ ------------ ------------ --------------
Net assets end of year*.............................. $272,469,883 $145,529,920 $168,095,738 $145,993,789 $1,688,910,010
============ ============ ============ ============ ==============
Units outstanding beginning of year.................. 5,426,511 3,865,965 6,055,472 5,924,266 31,540,233
Units issued during the year......................... 3,827,209 2,143,227 1,644,107 1,572,208 12,880,690
Units redeemed during the year....................... (1,041,493) (582,681) (1,353,126) (1,441,002) (5,049,542)
------------ ------------ ------------ ------------ --------------
Units outstanding end of year........................ 8,212,227 5,426,511 6,346,453 6,055,472 39,371,381
============ ============ ============ ============ ==============
- ---------------
*Includes undistributed net investment income of:.... $ 9,206,890 $ 8,216,372 $ 15,143,700 $ 14,380,408 $ 84,475,226
<CAPTION>
INTERNATIONAL GROWTH HIGH YIELD BOND
SUBACCOUNT SUBACCOUNT
1995 1996 1995 1996 1995
-------------- ---------- ---------- ---------- ----------
<S> <C> <C> <C> <C> <C>
From operations:
Net investment income (loss)........................ $ 60,081,056 $ (223,776) $ 681,622 $ 1,605,300 $ 523,281
Net realized gain on investments.................... 28,817,432 891,767 188,071 153,762 98,234
Net increase in unrealized appreciation of
investments....................................... 206,163,963 2,753,189 765,785 860,925 142,908
-------------- ----------- ----------- ---------- -----------
Net increase in net assets resulting from
operations.......................................... 295,062,451 3,421,180 1,635,478 2,619,987 764,423
-------------- ----------- ----------- ---------- -----------
From unit transactions:
Net proceeds from the issuance of units............. 304,419,702 28,954,972 14,604,230 17,522,375 13,314,491
Net asset value of units redeemed or used to meet
contract obligations.............................. (94,036,492) (3,642,450) (1,955,796) (3,512,778) (562,893)
-------------- ----------- ----------- ----------- -----------
Net increase from unit transactions.................. 210,383,210 25,312,522 12,648,434 14,009,597 12,751,598
-------------- ----------- ----------- ----------- -----------
Net increase in net assets........................... 505,445,661 28,733,702 14,283,912 16,629,584 13,516,021
Net assets beginning of year......................... 603,666,958 16,346,562 2,062,650 13,786,083 270,062
-------------- ----------- ----------- ----------- -----------
Net assets end of year*.............................. $1,109,112,619 $45,080,264 $16,346,562 $30,415,667 $13,786,083
============== =========== =========== =========== ===========
Units outstanding beginning of year.................. 24,924,610 1,456,982 208,202 1,194,315 26,870
Units issued during the year......................... 9,733,146 2,462,266 1,442,749 1,460,685 1,218,090
Units redeemed during the year....................... (3,117,523) (308,325) (193,969) (293,290) (50,645)
-------------- ----------- ----------- ----------- -----------
Units outstanding end of year........................ 31,540,233 3,610,923 1,456,982 2,361,710 1,194,315
============== =========== =========== =========== ==========
- ---------------
*Includes undistributed net investment income of:.... $ 85,564,180 $ 456,622 $ 680,398 $ 2,129,990 $ 524,690
</TABLE>
See notes to financial statements.
F-11
<PAGE> 63
MONY AMERICA
VARIABLE ACCOUNT A
STATEMENTS OF CHANGES IN NET ASSETS (CONTINUED)
FOR THE YEARS ENDED DECEMBER 31,
<TABLE>
<CAPTION>
OCC ACCUMULATION TRUST
-----------------------------------------------------------------
MONEY MARKET BOND EQUITY
SUBACCOUNT SUBACCOUNT SUBACCOUNT
------------------------- ------------------------ ----------
1996 1995 1996 1995 1995
----------- ----------- ---------- ----------- ----------
<S> <C> <C> <C> <C> <C>
From operations:
Net investment income (loss).................................. $ 93,564 $ 124,149 $ 118,511 $ 111,291 $ 43,218
Net realized gain on investments.............................. 0 0 7,592 40,021 201,716
Net increase (decrease) in unrealized appreciation of
investments................................................. 0 0 (105,165) 174,324 300,028
----------- ----------- ---------- ----------- ----------
Net increase in net assets resulting from operations........... 93,564 124,149 20,938 325,636 544,962
----------- ----------- ---------- ----------- ----------
From unit transactions:
Net proceeds from the issuance of units....................... 4,333,584 3,607,557 85,477 213,153 90,651
Net asset value of units redeemed or used to meet contract
obligations................................................. (4,350,827) (3,138,264) (250,849) (1,262,489) (615,503)
----------- ----------- ---------- ----------- ----------
Net increase (decrease) from unit transactions................. (17,243) 469,293 (165,372) (1,049,336) (524,852)
----------- ----------- ---------- ----------- ----------
Net increase (decrease) in net assets.......................... 76,321 593,442 (144,434) (723,700) 20,110
Net assets beginning of year................................... 3,537,539 2,944,097 2,073,229 2,796,929 2,854,428
----------- ----------- ---------- ----------- ----------
Net assets end of year*........................................ $ 3,613,860 $ 3,537,539 $1,928,795 $ 2,073,229 $2,874,538
============ ============ =========== ============ ===========
Units outstanding beginning of year............................ 271,019 234,062 129,078 198,239 106,172
Units issued during the year................................... 326,685 282,367 5,293 13,880 2,767
Units redeemed during the year................................. (329,446) (245,410) (15,385) (83,041) (21,209)
----------- ----------- ---------- ----------- ----------
Units outstanding end of year.................................. 268,258 271,019 118,986 129,078 87,730
============ ============ =========== ============ ===========
- ---------------
*Includes undistributed net investment income (loss) of:....... $ 242,177 $ 148,613 $ 270,773 $ 152,262 $ 11,267
<CAPTION>
SMALL CAP MANAGED
SUBACCOUNT SUBACCOUNT
------------------------ ------------
1995 1996 1995 1996
---------- ---------- ----------- ------------
<S> <C> <C> <C> <C>
From operations:
Net investment income (loss).................................... $ (22,728) $ 94,164 $ (21,366) $ 427,532
Net realized gain on investments................................ 113,896 124,066 56,532 4,226,402
Net increase (decrease) in unrealized appreciation of
investments................................................... 780,175 287,148 420,585 4,119,101
---------- ---------- ----------- ------------
Net increase in net assets resulting from operations............. 871,343 505,378 455,751 8,773,035
---------- ---------- ----------- ------------
From unit transactions:
Net proceeds from the issuance of units......................... 122,424 454,923 185,178 4,110,996
Net asset value of units redeemed or used to meet contract
obligations................................................... (680,113) (857,279) (1,530,650) (11,872,383)
---------- ---------- ----------- ------------
Net increase (decrease) from unit transactions................... (557,689) (402,356) (1,345,472) (7,761,387)
---------- ---------- ----------- ------------
Net increase (decrease) in net assets............................ 313,654 103,022 (889,721) 1,011,648
Net assets beginning of year..................................... 2,540,774 3,349,075 4,238,796 44,843,297
---------- ---------- ----------- ------------
Net assets end of year*.......................................... $2,854,428 $3,452,097 $ 3,349,075 $ 45,854,945
=========== =========== ============ =============
Units outstanding beginning of year.............................. 129,693 136,744 197,050 1,286,294
Units issued during the year..................................... 5,049 17,388 7,680 113,806
Units redeemed during the year................................... (28,570) (33,949) (67,986) (315,688)
---------- ---------- ----------- ------------
Units outstanding end of year.................................... 106,172 120,183 136,744 1,084,412
=========== =========== ============ =============
- ---------------
*Includes undistributed net investment income (loss) of:......... $ (31,951) $ 57,831 $ (36,333) $ 9,524
<CAPTION>
1995
-----------
<S> <C>
From operations:
Net investment income (loss).................................... $ (288,781)
Net realized gain on investments................................ 1,385,119
Net increase (decrease) in unrealized appreciation of
investments................................................... 13,614,561
-----------
Net increase in net assets resulting from operations............. 14,710,899
-----------
From unit transactions:
Net proceeds from the issuance of units......................... 2,329,894
Net asset value of units redeemed or used to meet contract
obligations................................................... (7,328,456)
-----------
Net increase (decrease) from unit transactions................... (4,998,562)
-----------
Net increase (decrease) in net assets............................ 9,712,337
Net assets beginning of year..................................... 35,130,960
-----------
Net assets end of year*.......................................... $44,843,297
============
Units outstanding beginning of year.............................. 1,449,807
Units issued during the year..................................... 79,150
Units redeemed during the year................................... (242,663)
-----------
Units outstanding end of year.................................... 1,286,294
============
- ---------------
*Includes undistributed net investment income (loss) of:......... $ (418,008)
</TABLE>
See notes to financial statements.
F-12
<PAGE> 64
MONY AMERICA
VARIABLE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS
1. ORGANIZATION AND BUSINESS
MONY America Variable Account A (the "Variable Account") is a separate
investment account established on March 27, 1987 by MONY Life Insurance Company
of America ("MONY America"), under the laws of the State of Arizona.
The Variable Account operates as a unit investment trust under the
Investment Company Act of 1940 (the "1940 Act"). The Variable Account holds
assets that are segregated from all of MONY America's other assets and, at
present, is used only to support flexible payment variable annuity policies.
These policies are issued by MONY America, which is a wholly-owned subsidiary of
The Mutual Life Insurance Company of New York ("MONY"). MONY America is
currently taxed as a life insurance company and will include the Variable
Account's operations in its tax return. MONY America does not expect, based upon
current tax law, to incur any income tax burden upon the earnings or realized
capital gains attributable to the Variable Account. Based on this expectation,
no charges are currently being deducted from the Variable Account for federal
income tax purposes.
There are currently seventeen subaccounts within the Variable Account, and
each invests only in a corresponding portfolio of the MONY Series Fund, Inc.
(the "Fund"), the Enterprise Accumulation Trust ("Enterprise") or the OCC
Accumulation Trust ("OCC") (formerly known as Quest for Value Accumulation
Trust) (collectively, the "Funds"). The Funds are registered under the 1940 Act
as open end, diversified, management investment companies.
2. SIGNIFICANT ACCOUNTING POLICIES
Investments:
The investment in shares of each of the respective portfolios is stated at
the net asset value of each portfolio. Except for the Money Market Portfolios,
net asset values are based upon market quotations of the securities held in each
of the corresponding portfolios of the Funds. For the Money Market Portfolios,
the net asset values are based on the amortized cost of the securities held
which approximates value.
3. RELATED PARTY TRANSACTIONS
MONY America is the legal owner of the assets of the Variable Account.
Purchase payments received from MONY America by the Variable Account
represent gross purchase payments recorded by MONY America less deductions
retained for any premium taxes.
A periodic deduction is made from the cash value of the contract for the
Annual Contract Charge. The deduction is for the expenses of administration and
is treated by the Variable Account as a contractholder redemption. The amount
deducted for all subaccounts for 1996 was $1,746,828.
MONY America receives from the Variable Account the amounts deducted for
mortality and expense risks at an annual rate of 1.25 percent of aggregate
average daily net assets. As investment adviser to the Fund, it receives amounts
paid by the Fund for those services.
Enterprise Capital Management, Inc., a wholly-owned subsidiary of MONY,
acts as investment adviser to Enterprise, and it receives amounts paid by
Enterprise for those services.
F-13
<PAGE> 65
MONY AMERICA
VARIABLE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
4. INVESTMENTS
Investment In MONY Series Fund, Inc. at cost, at December 31, 1996 consist
of the following:
<TABLE>
<CAPTION>
EQUITY EQUITY INTERMEDIATE LONG TERM MONEY GOVERNMENT
GROWTH INCOME TERM BOND BOND DIVERSIFIED MARKET SECURITIES
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
--------- --------- ------------ ------------ ----------- ------------- -----------
<S> <C> <C> <C> <C> <C> <C> <C>
Shares beginning of year:
Shares................. 38,566 57,833 2,897,486 3,978,176 114,906 91,287,195 732,045
Amount................. $ 783,130 $ 884,798 $30,730,076 $ 47,528,912 $ 1,526,225 $ 91,287,195 $ 7,477,983
--------- --------- ----------- ------------ ---------- ------------- -----------
Shares acquired:
Shares................. 10,049 6,838 789,124 1,410,229 9,061 594,933,479 1,013,344
Amount................. $ 276,104 $ 147,904 $ 8,380,535 $ 17,305,760 $ 153,292 $ 594,933,479 $10,424,115
Shares received for
reinvestment of
dividends:
Shares................. 0 105 0 0 0 4,930,553 0
Amount................. $ 0 $ 2,178 $ 0 $ 0 $ 0 $ 4,930,553 $ 0
Shares redeemed:
Shares................. (11,918) (10,440) (651,575) (1,413,935) (20,192) (570,512,563) (395,410)
Amount................. $(231,583) $(141,068) $(7,240,566) $(17,146,740) $ (259,049) $(570,512,563) $(3,976,024)
--------- --------- ----------- ------------ ---------- ------------- -----------
Net change:
Shares................. (1,869) (3,497) 137,549 (3,706) (11,131) 29,351,469 617,934
Amount................. $ 44,521 $ 9,014 $ 1,139,969 $ 159,020 $ (105,757) $ 29,351,469 $ 6,448,091
--------- --------- ----------- ------------ ---------- ------------- -----------
Shares end of year:
Shares................. 36,697 54,336 3,035,035 3,974,470 103,775 120,638,664 1,349,979
Amount................. $ 827,651 $ 893,812 $31,870,045 $ 47,687,932 $ 1,420,468 $ 120,638,664 $13,926,074
========= ========= =========== ============ ========== ============= ===========
</TABLE>
F-14
<PAGE> 66
MONY AMERICA
VARIABLE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS (CONTINUED)
4. INVESTMENTS (CONTINUED)
Investment in Enterprise Accumulation Trust at cost, at December 31, 1996
consist of the following:
<TABLE>
<CAPTION>
INTERNATIONAL
EQUITY SMALL CAP MANAGED GROWTH HIGH YIELD
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
------------ ------------ -------------- ------------- -----------
<S> <C> <C> <C> <C> <C>
Shares beginning of year:
Shares................................... 6,232,545 7,900,097 39,526,466 3,032,757 2,596,249
Amount................................... $121,132,914 $139,216,581 $ 896,982,250 $15,561,552 $13,642,773
------------ ------------ ------------- ----------- ------------
Shares acquired:
Shares................................... 4,628,919 2,296,798 16,703,164 5,350,996 3,540,890
Amount................................... $122,062,484 $ 44,937,200 $ 516,808,144 $30,410,841 $18,892,361
Shares received for reinvestment of
dividends:
Shares................................... 122,415 134,576 477,451 26,863 350,391
Amount................................... $ 3,532,905 $ 2,721,130 $ 16,381,358 $ 162,526 $ 1,877,009
Shares redeemed:
Shares................................... (1,542,788) (2,018,131) (7,482,072) (959,333) (967,445)
Amount................................... $(26,952,562) $(37,030,602) $ (151,775,225) $(4,592,854) $(5,000,711)
------------ ------------ ------------- ----------- ------------
Net change:
Shares................................... 3,208,546 413,243 9,698,543 4,418,526 2,923,836
Amount................................... $ 98,642,827 $ 10,627,728 $ 381,414,277 $25,980,513 $15,768,659
------------ ------------ ------------- ----------- ------------
Shares end of year:
Shares................................... 9,441,091 8,313,340 49,225,009 7,451,283 5,520,085
Amount................................... $219,775,741 $149,844,309 $1,278,396,527 $41,542,065 $29,411,432
============ ============ ============= =========== ============
</TABLE>
Investment in OCC Accumulation Trust at cost, at December 31, 1996 consist
of the following:
<TABLE>
<CAPTION>
MONEY MARKET BOND EQUITY SMALL CAP MANAGED
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
------------ ---------- ---------- ---------- -----------
<S> <C> <C> <C> <C> <C>
Shares beginning of year:
Shares..................................... 3,536,160 207,454 113,949 168,211 1,487,833
Amount..................................... $ 3,536,160 $1,957,185 $2,136,141 $2,951,202 $32,856,206
----------- ---------- ---------- ---------- -----------
Shares acquired:
Shares..................................... 5,284,304 10,775 4,158 22,777 149,632
Amount..................................... $ 5,284,304 $ 86,256 $ 116,086 $ 471,123 $ 4,688,284
Shares received for reinvestment of
dividends:
Shares..................................... 130,637 13,344 3,063 6,861 32,307
Amount..................................... $ 130,637 $ 143,533 $ 78,927 $ 134,757 $ 998,617
Shares redeemed:
Shares..................................... (5,337,241) (28,541) (25,575) (45,169) (403,411)
Amount..................................... $(5,337,241) $ (268,288) $ (474,931) $ (790,006) $(8,794,354)
----------- ---------- ---------- ---------- -----------
Net change:
Shares..................................... 77,700 (4,422) (18,354) (15,531) (221,472)
Amount..................................... $ 77,700 $ (38,499) $ (279,918) $ (184,126) $(3,107,453)
----------- ---------- ---------- ---------- -----------
Shares end of year:
Shares..................................... 3,613,860 203,032 95,595 152,680 1,266,361
Amount..................................... $ 3,613,860 $1,918,686 $1,856,223 $2,767,076 $29,748,753
=========== ========== ========== ========== ===========
</TABLE>
F-15
<PAGE> 67
REPORT OF INDEPENDENT ACCOUNTANTS
TO THE BOARD OF DIRECTORS OF
MONY LIFE INSURANCE COMPANY OF AMERICA:
We have audited the accompanying statutory statements of admitted assets,
liabilities, capital and surplus of MONY Life Insurance Company of America as of
December 31, 1996 and 1995, and the related statutory statements of operations,
capital and surplus, and cash flows for the years then ended. These statutory
financial statements are the responsibility of the Company's management. Our
responsibility is to express an opinion on these financial statements based on
our audits.
We conducted our audits in accordance with generally accepted auditing
standards. Those standards require that we plan and perform the audits to obtain
reasonable assurance about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation.
We believe that our audits provide a reasonable basis for our opinion.
As described more fully in Note 2 to the financial statements, the Company
prepared these financial statements using accounting practices prescribed or
permitted by the Insurance Department of the State of Arizona ("statutory"),
which practices differ from generally accepted accounting principles ("GAAP").
The effects on the financial statements between statutory and GAAP, although not
reasonably determinable, are presumed to be material.
In our report dated February 21, 1996, we expressed our opinion that the
1995 financial statements, prepared using statutory accounting, presented
fairly, in all material respects, the financial position of the Company as of
December 31, 1995, and the results of its operations, and its cash flows for the
year then ended in conformity with GAAP. As described in Note 2 to the financial
statements, financial statements of wholly-owned stock life insurance
subsidiaries of mutual life insurance companies issued or reissued after 1996,
which are prepared in accordance with statutory accounting, are no longer
considered to be presentations in conformity with GAAP. Accordingly, our present
opinion on the 1995 financial statements as presented herein is different from
that expressed in our previous report.
In our opinion, because of the effects of the matter discussed in the
second preceding paragraph, the statutory financial statements referred to above
do not present fairly, in conformity with GAAP, the financial position of the
Company as of December 31, 1996 and 1995, or the results of its operations and
its cash flows, for the years then ended.
In our opinion, the statutory financial statements referred to above
present fairly, in all material respects, the financial position of MONY Life
Insurance Company of America as of December 31, 1996 and 1995, and the results
of its operations and its cash flows for the years then ended on the basis of
accounting described in Note 2.
Our audits were conducted for the purpose of expressing an opinion on the
financial statements taken as a whole. The Supplemental Schedule of Selected
Financial Data is presented to comply with the NAIC's Annual Statement
Instructions and is not a required part of the basic financial statements. The
Supplemental Schedule of Selected Financial Data has been subjected to the
auditing procedures applied in the audits of the basic financial statements and,
in our opinion, is fairly stated, in all material respects, in relation to the
basic financial statements taken as a whole.
Cooper's & Lybrand, L.L.P.
New York, New York
February 21, 1997
F-16
<PAGE> 68
MONY LIFE INSURANCE COMPANY OF AMERICA
STATEMENTS OF ADMITTED ASSETS, LIABILITIES, CAPITAL
AND SURPLUS -- STATUTORY BASIS
(IN THOUSANDS)
<TABLE>
<CAPTION>
DECEMBER 31,
---------------------
1996 1995
--------- ---------
<S> <C> <C>
ASSETS
Investments:
Cash and short-term investments.................................. $ 90,207 $ 125,162
Bonds............................................................ 1,047,957 1,017,646
Common stocks.................................................... 1,235 690
Mortgage loans................................................... 158,847 173,154
Real estate...................................................... 40,725 58,375
Policy loans..................................................... 41,464 38,124
Other invested assets............................................ 8,518 7,953
Investment income due and accrued..................................... 20,401 21,383
Other assets.......................................................... 2,511 9,777
Separate account assets............................................... 2,529,992 1,685,770
---------- ----------
Total assets................................................ $3,941,857 $3,138,034
========== ==========
POLICY RESERVES, LIABILITIES, CAPITAL AND SURPLUS
Policy reserves:
Life insurance and annuity reserves.............................. $1,284,529 $1,319,777
Deposits left with the Company................................... 23,525 23,287
Liabilities:
Policy claims in process of settlement........................... 6,085 6,531
Taxes accrued.................................................... 31,249 16,965
Other liabilities................................................ 16,670 13,973
Transfers from separate accounts................................. (97,477) (65,076)
Separate account liabilities..................................... 2,529,992 1,685,770
Interest maintenance reserve..................................... 3,583 3,138
Investment reserves.............................................. 4,000 4,000
Asset valuation reserve.......................................... 17,887 14,039
---------- ----------
Total policy reserves and liabilities....................... 3,820,043 3,022,404
Capital and surplus:
Capital stock, $1.00 par value; authorized, 5,000,000 shares
issued and outstanding 2,500,000 shares......................... 2,500 2,500
Additional paid-in capital....................................... 133,500 133,500
Unassigned funds................................................. (14,186) (20,370)
---------- ----------
Total capital and surplus................................... 121,814 115,630
---------- ----------
Total policy reserves, liabilities, capital and surplus..... $3,941,857 $3,138,034
========== ==========
</TABLE>
The accompanying notes are an integral part of these financial statements.
F-17
<PAGE> 69
MONY LIFE INSURANCE COMPANY OF AMERICA
STATEMENTS OF OPERATIONS -- STATUTORY BASIS
(IN THOUSANDS)
<TABLE>
<CAPTION>
FOR THE YEARS ENDED
DECEMBER 31,
-----------------------
1996 1995
-------- --------
<S> <C> <C>
Premiums, annuity considerations and fund deposits................... $741,870 $607,099
Net investment income................................................ 102,092 104,923
Other income (net)................................................... 22 2,557
------- -------
843,984 714,579
Policyholder benefits................................................ 336,731 309,335
Change in policy and contract reserves............................... (35,010) 38,633
Commissions.......................................................... 36,793 32,257
Operating expenses................................................... 53,212 44,713
Transfer to separate accounts........................................ 428,101 275,600
------- -------
819,827 700,538
Net gain from operations before federal income taxes................. 24,157 14,041
Federal income taxes................................................. 14,407 7,984
------- -------
Net gain from operations............................................. 9,750 6,057
Net realized capital losses (See Note 5)........................... (1,720) (1,410)
------- -------
Net Income........................................................... $ 8,030 $ 4,647
======= =======
</TABLE>
The accompanying notes are an integral part of these financial statements.
F-18
<PAGE> 70
MONY LIFE INSURANCE COMPANY OF AMERICA
STATEMENTS OF CAPITAL AND SURPLUS -- STATUTORY BASIS
(IN THOUSANDS)
<TABLE>
<CAPTION>
FOR THE YEARS ENDED
DECEMBER 31,
-------------------------
1996 1995
-------- --------
<S> <C> <C>
Capital and Surplus, beginning of year............................ $115,630 $104,915
-------- --------
Net income........................................................ 8,030 4,647
Change in net unrealized capital gains/(losses)................... 1,618 (3,846)
Change in non-admitted assets..................................... 384 53
Change in asset valuation reserve................................. (3,848) (139)
Increase in paid-in capital....................................... -- 10,000
-------- --------
Net change in capital and surplus for the year.................... 6,184 10,715
-------- --------
Capital and Surplus, end of year.................................. $121,814 $115,630
-------- --------
</TABLE>
The accompanying notes are an integral part of these financial statements.
F-19
<PAGE> 71
MONY LIFE INSURANCE COMPANY OF AMERICA
STATEMENTS OF CASH FLOWS -- STATUTORY BASIS
(IN THOUSANDS)
<TABLE>
<CAPTION>
FOR THE YEARS ENDED
DECEMBER 31,
-------------------------
1996 1995
-------- --------
<S> <C> <C>
CASH FROM OPERATIONS:
Premiums, annuity considerations and fund deposits.......... $741,905 $607,410
Investment income net of investment expenses................ 104,606 107,636
Other income................................................ 985 2,225
Policy benefits paid........................................ (336,206) (307,108)
Transfers to separate accounts.............................. (460,502) (292,082)
Commissions, other expenses and taxes paid.................. (91,150) (76,337)
-------- --------
Net cash from operations.......................... (40,362) 41,744
-------- --------
CASH FROM INVESTMENTS:
Proceeds from Investments Sold, Matured or Repaid:
Bonds.................................................. 134,846 148,517
Stocks................................................. -- 5
Mortgage loans......................................... 53,226 20,465
Real estate............................................ 19,790 19,751
Other invested assets.................................. 106 162
-------- --------
Total investment proceeds......................... 207,968 188,900
-------- --------
Cost of Investment Acquired:
Bonds.................................................. 163,792 177,057
Stocks................................................. 40 400
Mortgage loans......................................... 38,651 23,813
Real estate............................................ 3,392 5,530
Other invested assets.................................. 1,388 807
-------- --------
Total investments acquired........................ 207,263 207,607
-------- --------
Change in Policy Loans...................................... (3,339) (5,761)
-------- --------
Net cash from investments......................... (2,634) (24,468)
-------- --------
CASH FROM FINANCING AND MISCELLANEOUS SOURCES:
Cash Provided:
Increase in paid capital............................... -- 10,000
Other sources.......................................... 8,041 19,224
-------- --------
Net Cash from financing and miscellaneous
sources......................................... 8,041 29,224
-------- --------
Net change in cash and short-term investments............... (34,955) 46,500
Cash and short-term investments, beginning of year............... 125,162 78,662
-------- --------
Cash and short-term investments, end of year..................... $ 90,207 $125,162
======== ========
</TABLE>
The accompanying notes are an integral part of these financial statements.
F-20
<PAGE> 72
MONY LIFE INSURANCE COMPANY OF AMERICA
NOTES TO FINANCIAL STATEMENTS
1. ORGANIZATION:
MONY Life Insurance Company of America (the "Company"), an Arizona
corporation, is a wholly owned subsidiary of The Mutual Life Insurance Company
of New York ("MONY"), a mutual life insurance company. The Company's primary
business is to provide interest-sensitive life insurance and asset accumulation
products to business owners, growing families, and pre-retirees. The Company's
insurance and financial products are marketed and distributed directly to
individuals primarily through MONY's career agency sales force. These products
are sold throughout the United States (except New York) and Puerto Rico.
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES:
The accompanying financial statements have been prepared in conformity with
accounting practices prescribed or permitted by the Insurance Department of the
State of Arizona ("statutory"), which practices were also considered to be in
conformity with generally accepted accounting principles ("GAAP") prior to the
issuance of the pronouncements described herein. In 1993, the Financial
Accounting Standards Board ("FASB") issued Interpretation No. 40 ("FIN 40"),
"Applicability of Generally Accepted Accounting Principles to Mutual Life
Insurance and Other Enterprises," which clarified that mutual life insurance
companies, and stock life insurance subsidiaries of mutual life insurance
companies, issuing financial statements described as prepared in conformity with
GAAP after 1995 are required to apply all applicable GAAP pronouncements in
preparing those financial statements. In January 1995, the FASB issued Statement
No. 120 ("SFAS 120"), "Accounting and Reporting by Mutual Life Insurance
Enterprises and by Insurance Enterprises for Certain Long-Duration Participating
Contracts," which, among other things, extended the applicability of certain
FASB Statements to mutual life insurance companies and deferred the effective
date of FIN 40 to financial statements issued or reissued after 1996. As
required by generally accepted auditing standards, the opinion expressed by our
independent accountants on the 1995 financial statements is different from that
expressed in their previous report.
In financial statements prepared in conformity with statutory accounting,
the accounting treatment of certain items is different than for financial
statements issued in conformity with GAAP. Some of the general differences
include:
- Policy acquisition costs, such as commissions and other costs incurred
in connection with acquiring new and renewal business, are expensed when
incurred; under GAAP, such costs are deferred and amortized over the
present value of expected gross profits.
- Premiums for universal life and investment-type products are recognized
as revenue when due; under GAAP, they are accounted for as deposits and
excluded from revenue.
- Policy reserves are based on statutory mortality and interest
requirements and without consideration of withdrawals and are reported
net of reinsurance reserve credits; under GAAP, the reserves are equal
to the policies fund value.
- No provision is made for deferred income taxes; under GAAP, deferred
taxes result from temporary differences between the tax basis of assets
and liabilities and their reported amounts in the financial statements.
- An interest maintenance reserve ("IMR") is established as a liability to
capture realized investment gains and losses, net of tax, on the sale of
fixed maturities and mortgage loans resulting from changes in the
general level of interest rates, and is amortized into income over the
remaining years to expected maturity of the assets sold: no such reserve
is required under GAAP.
F-21
<PAGE> 73
MONY LIFE INSURANCE COMPANY OF AMERICA
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED):
- An asset valuation reserve ("AVR"), based upon a formula prescribed by
the NAIC, is established as a liability to offset potential non-interest
related investment losses, and changes in the AVR are changed or credited
to surplus; no such reserves are required under GAAP.
- Investment in bonds are generally carried at amortized cost; under GAAP,
investments in bonds, other than those classified as held to maturity,
are carried at fair value.
- Certain assets, designated as nonadmitted, are excluded from assets by a
direct charge to surplus; under GAAP, such assets are carried on the
balance sheet with appropriate valuation allowances.
The preparation of financial statements requires management to make
estimates and assumptions that affect the reported amounts of assets and
liabilities and disclosure of contingent assets and liabilities at the date of
the financial statements and the reported amounts of revenues and expenses
during the reporting period. Actual results could differ from those estimates.
The following is a description of the Company's principal statutory
accounting practices and procedures:
(a) Premiums are included in revenue over the premium payment periods
of the related policies. Annuity considerations and fund deposits are
included in revenue as received.
Commissions and other costs related to issuance, maintenance and
settlement of policies are charged to operations in the year incurred.
(b) Short-term investments are carried at cost and consist of
securities with maturities of three months or less. Bonds eligible for
amortization under rules promulgated by the National Association of
Insurance Commissioners ("NAIC"), are carried at amortized cost, while all
other bonds are carried at values adopted by the NAIC, which approximate
fair market value. Loan backed bonds and structured securities are valued
at amortized cost using the effective interest method considering
anticipated prepayments at the date of purchase; significant changes in the
estimated cash flows from the original purchase assumptions are accounted
for using the retrospective method. Common stocks are carried at market
value. Policy loans are carried at their unpaid balances.
Mortgage loans other than those in process of foreclosure are carried
at their unpaid balances adjusted for unamortized discount. Real estate
owned for investment is carried at depreciated cost, less encumbrances.
There were no encumbrances in 1996 or in 1995. Joint venture partnerships
in real estate are included in other invested assets and are carried
principally at their equity value. Other investments are generally carried
at cost.
Real estate acquired through foreclosure is carried at the lower of
cost or the estimated fair value at the time of foreclosure, less
accumulated depreciation. Mortgage loans in process of foreclosure are also
carried at the lower of cost or the estimated fair value. Fair value is
determined by using the estimated discounted cash flows expected from the
underlying real estate properties. These projected cash flows are based on
estimates regarding future operating expenses, lease rates, occupancy
levels and investors' targeted yields.
The Company provides, through a direct charge to surplus, an
investment valuation reserve for permanent impairment of real estate
investments, joint venture partnerships in real estate, and mortgage loans
delinquent for more than 60 days and restructured mortgage loans. There
were no impairments charged to these reserves in either year. This reserve
reflects, in part, the excess of the carrying value of such assets over the
estimated undiscounted cash flows expected from the underlying real estate
properties. These projected cash flows are based on estimates similar to
those described in the preceding paragraph. As of December 31, 1996 and
1995, the Company's investment reserve for its mortgage loan and real
estate investments was $4 million.
F-22
<PAGE> 74
MONY LIFE INSURANCE COMPANY OF AMERICA
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED):
Derivative instruments are valued consistently with the items being
hedged. Hedges of fixed income assets and/or liabilities are valued at
amortized cost. Derivatives which cease to be effective hedges are valued
at market value.
(c) Realized investment gains and losses (net of tax) for bonds and
mortgage loans resulting from changes in interest rates are deferred and
credited or charged to the Interest Maintenance Reserve ("IMR"). These
amounts are amortized into net income over the remaining years to expected
maturity of the assets sold. Unrealized capital gains and losses are
recorded directly to surplus.
The Asset Valuation Reserve ("AVR") is based upon a formula prescribed
by the NAIC and functions as a reserve for potential non-interest-related
investment losses. In addition, realized investment gains and losses (not
subject to the IMR) and unrealized gains and losses result in offsetting
increases and decreases in the AVR. These changes to AVR are recorded
directly to surplus.
(d) Policy reserves for deferred annuity contracts are computed by the
net level premium method and the Commissioners' Annuity Reserve Valuation
Method by using the 1971 IAM Table for contracts issued before 1984 and the
1983 Table A for contracts issued since 1983 and permitted statutory
interest rates. Policy reserves for universal life and single premium whole
life contracts are computed by using the Commissioners' Reserve Valuation
Method and by using the 1958 and 1980 CSO Tables, and permitted statutory
interest rates.
(e) Certain assets designated as "non-admitted" assets (principally
miscellaneous receivables) are excluded from the statements of admitted
assets, liabilities, capital and surplus.
(f) Separate account assets and liabilities represent segregated funds
administered and invested by the Company for the benefit of certain
contractholders. Assets consist of securities reported at market value.
Premiums, benefits and expenses of the separate accounts are included in
the Company's statements of operations.
(g) No deferred taxes are recognized for differences that exist
between financial reporting and taxable income.
(h) The Company uses the constant-yield method of depreciation for
substantially all investment real estate and real estate joint venture
partnerships acquired prior to January 1, 1991. Acquisitions subsequent to
January 1, 1991 and foreclosed real estate are depreciated on the straight
line method. Real estate assets and improvements are generally depreciated
over ten to forty year periods and leasehold improvements over the lives of
the leases. Depreciation expense related to investments in real estate was
$1.4 million and $1.7 million in 1996 and 1995, respectively; accumulated
depreciation was $4.4 million and $4.6 at December 31, 1996 and 1995,
respectively.
(i) Certain amounts for 1995 have been reclassified to conform to the
1996 presentation.
3. CAPITAL AND SURPLUS:
MONY guaranteed to the states who requested it, pursuant to conditions
imposed by such states as a prerequisite for the licensing of new subsidiaries,
that the Company's capital and surplus would be maintained at a level at least
equivalent to the minimum capital and surplus required for admission to conduct
business in those states. As of December 31, 1996 and 1995, this guarantee was
outstanding in the state of New Jersey.
4. FEDERAL INCOME TAXES:
The Company is included in the consolidated federal income tax return with
its parent, The Mutual Life Insurance Company of New York, and the parent's
non-life affiliates. The allocation of federal income taxes is
F-23
<PAGE> 75
MONY LIFE INSURANCE COMPANY OF AMERICA
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
4. FEDERAL INCOME TAXES (CONTINUED):
based upon separate return calculations with current credit for net losses. The
Company's federal income tax returns for years through 1989 have been examined
with no proposed material adjustments. In the opinion of management, adequate
provision has been made for any additional taxes which may become due with
respect to open years.
Pre-tax operating gains and pre-tax realized gains, as reported in the
accompanying statements of operations, differ from taxable income reported for
tax purposes. Significant differences include the deferral and amortization of
policy acquisition costs for tax purposes, the difference between statutory and
tax reserves, the taxable portion of the Company's surplus depreciation expense
and related recapture, utilization of capital loss carryovers, capital gains
deferred to the IMR, alternative minimum tax preference items and equity in
partnerships and joint ventures.
5. CAPITAL GAINS/(LOSSES):
The Company realized net capital losses (after-tax and IMR) of $1.7 million
in 1996 and $1.4 million in 1995 as follows:
<TABLE>
<CAPTION>
1996 1995
----- -----
(IN MILLIONS)
<S> <C> <C>
REALIZED CAPITAL GAINS/(LOSSES)
Bonds and stocks............................................... $ 0.9 $ 0.2
Real estate and mortgage loans................................. (0.1) (0.4)
Derivative instruments......................................... (0.8) 0.0
----- -----
0.0 (0.2)
Taxes.......................................................... (0.8) (0.7)
----- -----
Transferred to IMR, net of taxes............................... (0.9) (0.5)
----- -----
Net realized capital gains/(losses).......................... $(1.7) $(1.4)
===== =====
</TABLE>
During 1996 and 1995, realized capital gains/(losses) resulting from
changes in interest rates on fixed income securities of $0.9 million (net of
$0.5 million tax) and $0.5 million (net of $0.2 million tax), respectively, were
transferred to the Company's IMR for future amortization into net income.
The Company incurred net unrealized capital gains/(losses) of $1.6 million
in 1996 and $(3.8) million in 1995. The 1995 unrealized losses include
writedowns of approximately $1.2 million on real estate acquired through
foreclosure and mortgage loans in process of foreclosure. These losses are
detailed by asset type in the table below.
<TABLE>
<CAPTION>
UNREALIZED CAPITAL GAINS/(LOSSES) 1996 1995
---------------------------------------------------------- ------ -----
(IN MILLIONS)
<S> <C> <C>
Bonds and stocks.......................................... $1.6 $(2.6)
Real estate and mortgage loans............................ 0.0 (1.2)
Other investments......................................... 0.0 0.0
---- -----
Total unrealized capital gains/(losses)......... $1.6 $(3.8)
==== =====
</TABLE>
6. FIXED INCOME SECURITIES:
Fixed Income Securities by Investment Type:
The amortized cost and estimated fair value (see note 9) of investments in
fixed income securities which include short-term investments and bonds as of
December 31, 1996 and December 31, 1995 are as follows:
F-24
<PAGE> 76
MONY LIFE INSURANCE COMPANY OF AMERICA
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
6. FIXED INCOME SECURITIES (CONTINUED):
<TABLE>
<CAPTION>
GROSS GROSS ESTIMATED
AMORTIZED UNREALIZED UNREALIZED FAIR
COST GAINS LOSSES VALUE
------------------- --------------- ----------------- -------------------
1996 1995 1996 1995 1996 1995 1996 1995
------- ------- ----- ----- ------- ------- ------- -------
(DOLLARS IN MILLIONS)
<S> <C> <C> <C> <C> <C> <C> <C> <C>
U.S. Treasury & Other Agencies........ $ 5.9 $ 21.0 $ 0.0 $ 0.1 $ 0.0 $ 0.1 $ 5.9 $ 21.0
Collateralized Mortgage Obligations:
Government Agency Backed............ 126.4 128.8 1.3 2.9 1.0 0.2 126.7 131.5
Non-Agency Backed................... 35.0 36.9 1.5 2.5 0.2 0.0 36.3 39.4
Other asset backed securities:
Government Agency Backed............ 0.2 0.3 0.0 0.0 0.0 0.0 0.2 0.3
Non-Agency Backed................... 98.5 78.5 1.3 2.5 0.7 0.6 99.1 80.4
Foreign governments................... 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Utilities............................. 129.0 127.1 2.3 4.9 1.0 0.2 130.3 131.8
Corporate bonds....................... 653.0 625.0 13.2 25.7 4.8 3.2 661.4 647.5
-------- -------- ----- ----- ---- ---- -------- --------
Total bonds......................... 1,048.0 1,017.6 19.6 38.6 7.7 4.3 1,059.9 1,051.9
Commercial paper...................... 86.5 121.5 0.0 0.0 0.0 0.0 86.5 121.5
-------- -------- ----- ----- ---- ---- -------- --------
Total............................... $1,134.5 $1,139.1 $19.6 $38.6 $ 7.7 $ 4.3 $1,146.4 $1,173.4
======== ======== ===== ===== ==== ==== ======== ========
</TABLE>
Amortized cost represents the principal amount of the fixed income
securities adjusted by unamortized premium or discount and reduced by writedowns
of $3.4 million and $4.4 million at December 31, 1996 and 1995, respectively, as
required by the NAIC for securities which are in or near default.
At December 31, 1996, 78% of the Company's Collateralized Mortgage
Obligation (CMO) portfolio was held in U.S. government and government
agency-backed securities. The remainder of the CMO portfolio consisted of NAIC
category 1 investment grade securities.
Maturities of Fixed Income Securities:
The amortized cost and estimated fair value of fixed income securities by
maturity date (excluding scheduled sinking funds) as of December 31, 1996 are as
follows:
<TABLE>
<CAPTION>
ESTIMATED
AMORTIZED FAIR
COST VALUE
-------- --------
(IN MILLIONS)
-------------------
<S> <C> <C>
Due in one year or less................................... $ 103.1 $ 103.3
Due after one year through five years..................... 437.5 443.1
Due after five years through ten years.................... 351.1 355.0
Due after ten years....................................... 242.8 245.0
-------- --------
$1,134.5 $1,146.4
======== ========
</TABLE>
Expected maturities may differ from contractual maturities because
borrowers may have the right to call or prepay obligations with or without call
or prepayment penalties.
Proceeds from sales of investments in debt securities during 1996 and 1995
were $13 million and $40 million, respectively. Gross gains of $0.2 million in
1996 and $0.6 million in 1995, and gross losses of $0.3 million in 1996 and $1.4
million in 1995 were realized on these sales.
F-25
<PAGE> 77
MONY LIFE INSURANCE COMPANY OF AMERICA
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
7. CONCENTRATION OF CREDIT RISK:
As of December 31, 1996 and 1995, the Company had no single investment
(excluding U.S. Government Agency securities) exceeding 1.3% of total general
account assets.
The bond portfolio is diversified by industry type. The industries
comprising more than 10% of the carrying value of the bond portfolio at December
31, 1996 are Government and Agencies of $133 million (12.7%),
Non-Government -- Asset/Mortgage Backed of $133 million (12.7%), Public
Utilities of $129 million (12.3%), Energy of $120 million (11.5%), and Other
Manufacturing of $117 million (11.2%). At December 31, 1995, the industries
comprising more than 10% of the carrying value of the bond portfolio were
Government and Agencies of $150 million (14.8%), Public Utilities of $127
million (12.5%), Non-Government -- Asset/Mortgage backed of $116 Million
(11.4%), Financial Services of $108 million (10.6%), Consumer Goods and Services
of $105 million (10.3%) and Other Manufacturing of $102 million (10.0%).
The Company holds below investment grade bonds of $59 million at December
31, 1996. Below investment grade bonds are defined as those securities rated in
categories 3 through 6 by the NAIC, which are approximately equivalent to bonds
rated below BBB by rating agencies. These bonds consist mostly of privately
issued bonds, which are monitored by the Company through extensive internal
analysis of the financial condition of the borrowers, and which include
protective debt covenants. Of these bonds, $50 million are in category 3, which
is considered to be medium quality by the NAIC. At December 31, 1995, the
Company's investments in below investment grade bonds were $84 million.
The Company has investments in commercial and agricultural mortgage loans
and real estate (including joint venture partnerships). Approximately 56.7% of
the Company's real estate and mortgage portfolio is invested in agricultural
properties. The locations of property collateralizing mortgage loans and real
estate investment carrying values (in millions) at December 31, 1996 and 1995
are as follows:
<TABLE>
<CAPTION>
1996 1995
---------------- ----------------
GEOGRAPHIC REGION $ % $ %
-------------------------------------- ---- ------ ---- ------
<S> <C> <C> <C> <C>
West.................................. 71 34.1 73 30.5
Mountain.............................. 48 23.1 52 21.7
Northeast............................. 26 12.5 30 12.6
Midwest............................... 26 12.5 30 12.7
Southwest............................. 21 10.1 23 9.4
Southeast............................. 16 7.7 31 13.1
--- ----- --- -----
Total....................... 208 100.0 239 100.0
=== ===== === =====
</TABLE>
The states with the largest concentrations of mortgage loans and real
estate investments at December 31, 1996 are: California, $45 million (21.6%);
Texas, $21 million (10.1%); New York, $19 million (9.1%); Idaho, $16 million
(7.7%); Arizona, $14 million (6.7%); Washington, $13 million (6.3%), Illinois,
$12 million (5.8%); and Oregon, $10 million (4.8%).
8. MORTGAGE LOANS AND REAL ESTATE:
The Company invests in mortgage loans collateralized by commercial and
agricultural real estate. Such mortgage loans consist primarily of first
mortgage liens on completed income producing properties or agricultural
properties. As of December 31, 1996, $66.4 million of mortgage loans have terms
that require amortization, and $92.5 million of loans require partial
amortization or are non-amortizing. There were no mortgage loans delinquent over
90 days or in process of foreclosure at December 31, 1996 or December 31,
F-26
<PAGE> 78
MONY LIFE INSURANCE COMPANY OF AMERICA
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
8. MORTGAGE LOANS AND REAL ESTATE (CONTINUED):
1995. There were no properties acquired through foreclosure during 1996 and $4.8
million of new foreclosure in 1995.
The Company has performing restructured mortgage loans of $15.0 million as
of December 31, 1996 and $15.1 million as of December 31, 1995. The new terms
typically defer a portion of contract interest payments to future periods.
Interest is recognized in income based on the modified rate of the loan.
Deferred interest, which is the difference between the original contractual rate
and the modified rate, is excluded from income. Gross interest income on
restructured loans that would have been recorded in accordance with the loans'
original terms was approximately $1.5 million in 1996 and 1995. Gross interest
income recognized in net income for the period from these loans was $1.1 million
in 1996 and $1.0 million in 1995. There are no commitments to lend additional
funds to any debtor involved in a restructuring.
Other invested assets of $8.5 and $8.0 million at December 31, 1996 and
1995, respectively, include, primarily, investments in real estate partnerships.
9. ESTIMATED FAIR VALUE OF FINANCIAL INSTRUMENTS:
The following table presents the carrying amounts and respective estimated
fair values of the Company's financial instruments at December 31, 1996. The
calculations of estimated fair values involve considerable judgement.
Accordingly, these estimates of fair value are not necessarily indicative of the
values that could be negotiated in an actual sale.
<TABLE>
<CAPTION>
1996 1995
--------------------- ---------------------
ESTIMATED ESTIMATED
CARRYING FAIR CARRYING FAIR
AMOUNT VALUE AMOUNT VALUE
-------- --------- -------- ---------
(IN MILLIONS)
<S> <C> <C> <C> <C>
Assets:
Fixed Income Securities......................... $1,048.0 $1,059.9 $1,017.6 $1,051.9
Separate Account Assets......................... 2,530.0 2,530.0 1,685.8 1,685.8
Liabilities:
Investment-type contracts....................... 777.1 778.6 847.5 859.7
Separate Account Liabilities.................... 2,530.0 2,530.0 1,685.8 1,685.8
</TABLE>
The estimated fair values of cash, short term investments, unaffiliated
equity securities, and mortgage loans approximate their carrying amounts.
The methods and assumptions utilized in estimating these fair values of
financial instruments are summarized as follows:
Fixed Income Securities (See Note 6)
The estimated fair values of fixed income securities are based upon quoted
market prices, where available. The fair values of fixed income securities not
actively traded and other non-publicly traded securities are estimated using
values obtained from independent pricing services or, in the case of private
placements, by discounting expected future cash flows using a current market
interest rate commensurate with the credit quality and term of the investments.
F-27
<PAGE> 79
MONY LIFE INSURANCE COMPANY OF AMERICA
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
9. ESTIMATED FAIR VALUE OF FINANCIAL INSTRUMENTS (CONTINUED):
Mortgage Loans
The fair value of mortgage loans is estimated by discounting expected
future cash flows, using current interest rates for similar loans to borrowers
with similar credit risk. Loans with similar characteristics are aggregated for
purposes of the calculations.
Policy Loans
Policy loans are an integral component of insurance contracts and have no
maturity dates. Management has determined that it is not practicable to estimate
the fair value of policy loans.
Separate Account
The estimated fair value of separate account assets are based upon quoted
market prices and the liabilities are based upon estimates of values available
upon full surrender.
Investment-type contract liabilities
The fair values of the Company's liabilities under investment-type
contracts are estimated by discounting expected cash outflows using interest
rates currently offered for similar contracts with maturities consistent with
those remaining for the contracts being valued, where appropriate. The fair
values of other investment-type contracts are based on estimates of the value of
payments available upon full surrender.
10. RESERVES:
The withdrawal characteristics of the Company's annuity actuarial reserves
and deposit liabilities as of December 31, 1996 were as follows:
<TABLE>
<CAPTION>
RESERVES
----------
(IN
MILLIONS)
<S> <C>
Not subject to discretionary withdrawal provision............... $ 75
Subject to discretionary withdrawal -- with adjustment:
- at book value less surrender charges.................... 222
- at market value......................................... 2,402
------
Subtotal......................................... 2,624
Subject to discretionary withdrawal -- without adjustment:
- at book value (minimal or no charge or adjustment)...... 504
------
Total annuity actuarial reserves and deposit
liabilities (gross)............................ $3,203
======
</TABLE>
The amounts above are included in the Company's statements of admitted
assets, liabilities, capital and surplus as life insurance and annuity reserves
($801) million and separate account liabilities ($2,402) million.
11. REINSURANCE:
Life insurance business is ceded on a yearly renewable term basis to MONY
and other insurance companies under various reinsurance contracts. The Company's
practice is to retain no more than $0.5 million of risk on any one person. The
total amount of reinsured life insurance in force on this basis was $2.6 billion
and $2.2 billion at December 31, 1996 and 1995, respectively. Premiums ceded
under these contracts were $14.6 million and $12.3 million; benefit payments
recovered were $17.3 million and $23.3 million; policy
F-28
<PAGE> 80
MONY LIFE INSURANCE COMPANY OF AMERICA
NOTES TO FINANCIAL STATEMENTS -- (CONTINUED)
11. REINSURANCE (CONTINUED):
reserve credits recorded were $10.6 million and $9.7 million; and recoverable
amounts on paid and unpaid losses were $3.5 million and $5.1 million in 1996 and
1995, respectively.
The Company is contingently liable with respect to ceded insurance should
any reinsurer be unable to meet its obligations under these agreements.
12. COMMITMENTS AND CONTINGENCIES:
The Company is a defendant in various legal actions arising primarily from
its investment and insurance operations. Certain actions include claims of
multiple plaintiffs. In addition, insurance companies are subject to
assessments, up to statutory limits, by state guaranty funds for losses of
policyholders of insolvent insurance companies. In the opinion of management,
the outcome of the legal proceedings and assessments will not have a material
adverse effect on the financial position and the results of operations of the
Company.
At December 31, 1996, the Company had a commitment to issue a $0.6 million
fixed rate farm loan with an interest rate of 7.75% and a duration of three
years. There were no outstanding bond commitments as of December 31, 1996.
13. RELATED PARTY TRANSACTIONS:
At December 31, 1996 and 1995, approximately 26% and 30%, respectively, of
the Company's investments in mortgages were held through joint participation
with MONY. In addition, approximately 87% and 82% of the Company's real estate
and joint venture investments were held through joint participation with MONY at
December 31, 1996 and 1995, respectively.
The Company and MONY are parties to an agreement whereby MONY agrees to
reimburse the Company to the extent that the Company's recognized loss as a
result of mortgage loan default or foreclosure or subsequent sale of the
underlying collateral exceeds the 75% loan to value ratio for each such mortgage
loan at origination. Pursuant to the agreement, the Company received payments
from MONY totaling $0.1 million in 1996 and $2.1 million in 1995.
MONY LIFE INSURANCE COMPANY OF AMERICA
SUPPLEMENTAL SCHEDULE OF SELECTED FINANCIAL DATA
FOR THE YEAR ENDED DECEMBER 31, 1996
(AMOUNTS IN $ THOUSANDS)
The following is a summary of certain financial data from the Company's
Annual Statement included in other exhibits and schedules subjected to audit
procedures by independent accountants and utilized by the Company's actuaries in
the determination of reserves:
F-29
<PAGE> 81
MONY LIFE INSURANCE COMPANY OF AMERICA
SUPPLEMENTAL SCHEDULE OF SELECTED FINANCIAL DATA -- (CONTINUED)
FOR THE YEAR ENDED DECEMBER 31, 1996
(AMOUNTS IN $ THOUSANDS)
<TABLE>
<S> <C>
INVESTMENT INCOME EARNED
Government Bonds................................................................................. 750
Other bonds (unaffiliated)....................................................................... 75,641
Bonds of affiliates.............................................................................. 0
Preferred stocks (unaffiliated).................................................................. 0
Preferred stocks of affiliates................................................................... 0
Common stocks (unaffiliated)..................................................................... 0
Common stocks of affiliates...................................................................... 0
Mortgage loans................................................................................... 14,566
Real estate...................................................................................... 11,934
Premium notes, policy loans and liens............................................................ 2,696
Collateral loans................................................................................. 0
Cash on hand and on deposit...................................................................... 5
Short-term investments........................................................................... 5,813
Other Invested Assets............................................................................ 605
Derivative Instruments........................................................................... 0
Aggregate write-ins for investment income........................................................ 1,560
----------
Gross investment income...................................................................... 113,570
==========
REAL ESTATE OWNED -- BOOK VALUE LESS ENCUMBRANCES.................................................... 40,725
MORTGAGE LOANS -- BOOK VALUE:
Farm mortgages................................................................................... 117,753
Residential mortgages............................................................................ 0
Commercial mortgages............................................................................. 41,094
----------
Total mortgage loans......................................................................... 158,847
==========
MORTGAGE LOANS BY STANDING -- BOOK VALUE:
Good standing.................................................................................... 143,806
Good standing with restructured terms............................................................ 15,041
Interest overdue more than three months, not in foreclosure...................................... 0
Foreclosure in process........................................................................... 0
OTHER LONG TERM ASSETS -- STATEMENT VALUE............................................................ 49,548
COLLATERAL LOANS..................................................................................... 0
BONDS AND STOCKS OF PARENTS, SUBSIDIARIES AND AFFILIATES -- BOOK VALUE
Bonds............................................................................................ 0
Preferred Stocks................................................................................. 0
Common Stocks.................................................................................... 0
BONDS AND SHORT-TERM INVESTMENTS BY CLASS AND MATURITY:
BONDS AND SHORT-TERM INVESTMENTS BY MATURITY -- STATEMENT VALUE
Due within one year or less...................................................................... 141,708
Over 1 year through 5 years...................................................................... 597,973
Over 5 years through 10 years.................................................................... 327,701
Over 10 years through 20 years................................................................... 47,620
Over 20 years.................................................................................... 19,511
----------
Total by Maturity................................................................................ 1,134,513
==========
</TABLE>
F-30
<PAGE> 82
MONY LIFE INSURANCE COMPANY OF AMERICA
SUPPLEMENTAL SCHEDULE OF SELECTED FINANCIAL DATA -- (CONTINUED)
FOR THE YEAR ENDED DECEMBER 31, 1996
(AMOUNTS IN $ THOUSANDS)
<TABLE>
<S> <C>
BONDS AND SHORT-TERM INVESTMENTS BY CLASS -- STATEMENT VALUE
Class 1.......................................................................................... 628,500
Class 2.......................................................................................... 446,612
Class 3.......................................................................................... 50,495
Class 4.......................................................................................... 4,735
Class 5.......................................................................................... 779
Class 6.......................................................................................... 3,392
----------
Total by Class................................................................................... 1,134,513
==========
TOTAL BONDS AND SHORT-TERM INVESTMENTS -- PUBLICLY TRADED............................................ 648,442
TOTAL BONDS AND SHORT-TERM INVESTMENTS -- PRIVATELY PLACED........................................... 486,071
PREFERRED STOCKS -- STATEMENT VALUE.................................................................. 0
COMMON STOCKS -- MARKET VALUE........................................................................ 1,235
SHORT-TERM INVESTMENTS -- BOOK VALUE................................................................. 86,555
FINANCIAL OPTIONS OWNED -- STATEMENT VALUE........................................................... 0
FINANCIAL OPTIONS WRITTEN AND IN FORCE -- STATEMENT VALUE............................................ 0
FINANCIAL FUTURES CONTRACTS OPEN -- CURRENT PRICE.................................................... 0
CASH ON HAND & ON DEPOSIT............................................................................ 3,652
LIFE INSURANCE IN FORCE:
Industrial....................................................................................... 0
Ordinary......................................................................................... 10,043,153
Credit Life...................................................................................... 0
Group Life....................................................................................... 1,630,758
AMOUNT OF ACCIDENTAL DEATH INSURANCE IN FORCE UNDER ORDINARY POLICIES................................ 148,880
LIFE INSURANCE POLICIES WITH DISABILITY PROVISIONS IN FORCE:
Industrial....................................................................................... 0
Ordinary......................................................................................... 3,184,431
Credit Life...................................................................................... 0
Group Life....................................................................................... 188,695
SUPPLEMENTARY CONTRACTS IN FORCE:
Ordinary -- Not Involving Life Contingencies
Amount on Deposit............................................................................ 20,552
Income Payable............................................................................... 742
Ordinary -- Involving Life Contingencies Income Payable.......................................... 2,699
Group -- Not Involving Life Contingencies
Amount on Deposit............................................................................ 0
Income Payable............................................................................... 0
Group -- Involving Life Contingencies
Income Payable............................................................................... 15
ANNUITIES:
Ordinary
Immediate -- Amount of Income Payable........................................................ 0
Deferred -- Fully Paid -- Account Balance.................................................... 0
Deferred -- Not Fully Paid -- Account Balance................................................ 0
Group
Amount of Income Payable..................................................................... 0
Fully Paid -- Account Balance................................................................ 65,540
Not Fully Paid -- Account Balance............................................................ 0
</TABLE>
F-31
<PAGE> 83
MONY LIFE INSURANCE COMPANY OF AMERICA
SUPPLEMENTAL SCHEDULE OF SELECTED FINANCIAL DATA -- (CONTINUED)
FOR THE YEAR ENDED DECEMBER 31, 1996
(AMOUNTS IN $ THOUSANDS)
<TABLE>
<S> <C>
ACCIDENT AND HEALTH INSURANCE -- PREMIUMS IN FORCE:
Ordinary......................................................................................... 0
Group............................................................................................ 0
Credit........................................................................................... 0
DEPOSIT FUNDS AND DIVIDEND ACCUMULATIONS:
Deposit Funds -- Account Balance................................................................. 700,798
Dividend Accumulations -- Account Balance........................................................ 0
CLAIM PAYMENTS 1996:
Group Accident and Health Year-Ended December 31, 1996
1996......................................................................................... 0
1995......................................................................................... 0
1994......................................................................................... 0
1993......................................................................................... 0
1992......................................................................................... 0
Prior........................................................................................ 0
Other Accident and Health........................................................................ 0
1996......................................................................................... 0
1995......................................................................................... 0
1994......................................................................................... 0
1993......................................................................................... 0
1992......................................................................................... 0
Prior........................................................................................ 0
Other Coverages that use developmental methods to
calculate claims reserves...................................................................... 0
1996......................................................................................... 0
1995......................................................................................... 0
1994......................................................................................... 0
1993......................................................................................... 0
1992......................................................................................... 0
Prior........................................................................................ 0
</TABLE>
F-32
