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Sun Life Assurance Company of Canada (U.S.)
A Wholly-Owned Subsidiary of Sun Life Assurance Company of Canada
Executive Office: Home Office:
[ONE SUN LIFE EXECUTIVE PARK [WILMINGTON, DELAWARE]
WELLESLEY HILLS, MASSACHUSETTS 02481[
Annuity Service Mailing Address:
SUN LIFE OF CANADA (U.S.)
RETIREMENT PRODUCTS AND SERVICES
P.O. BOX [ # ]
BOSTON, MASSACHUSETTS [ ZIP CODE]
Sun Life Assurance Company of Canada (U.S.)(the Company) will pay an
annuity commencing on the Annuity Commencement Date, by applying the adjusted
value of the Accumulation Account in accordance with the settlement provisions.
If the Covered Person dies while the Contract is in effect and before the
Annuity Commencement Date, the company may pay a Death Benefit to the
Beneficiary upon receipt of Due Proof of Death of the Owner. Under certain
circumstances, if the Covered Person dies prior to the Annuity Commencement
Date, a distribution is required by law. This Contract is the legal Contract.
All payments will be made to the persons and in the manner set forth in
this Contract. Provisions and endorsements printed or written by the Company on
the following pages form part of the Contract.
Signed by the Company at its Executive Office, Wellesley Hills,
Massachusetts on the Date of Coverage.
/s/ C. James Prieur /s/ Ellen King
C. James Prieur Ellen King
President Secretary
FLEXIBLE PAYMENT DEFERRED COMBINATION VARIABLE AND FIXED INDIVIDUAL ANNUITY
CONTRACT NONPARTICIPATING
ALL PAYMENTS AND VALUES PROVIDED BY THIS CONTRACT WHEN BASED ON THE INVESTMENT
EXPERIENCE OF THE VARIABLE ACCOUNT ARE VARIABLE AND ARE NOT GUARANTEED AS TO
DOLLAR AMOUNT.
PAYMENTS AND VALUES BASED ON THE FIXED ACCOUNT ARE SUBJECT TO A MARKET VALUE
ADJUSTMENT FORMULA, THE OPERATION OF WHICH MAY RESULT IN UPWARD AND DOWNWARD
ADJUSTMENTS IN AMOUNTS PAYABLE TO AN OWNER, INCLUDING WITHDRAWALS, TRANSFERS AND
AMOUNTS APPLIED TO PURCHASE AN ANNUITY. PAYMENTS MADE FROM GUARANTEE AMOUNTS
WHICH ARE WITHIN 30 DAYS PRIOR TO THE END OF A GUARANTEE PERIOD OR THE
WITHDRAWAL OF INTEREST CREDITED TO GUARANTEE AMOUNTS DURING THE CURRENT ACCOUNT
YEAR ARE NOT SUBJECT TO THE MARKET VALUE ADJUSTMENT.
RIGHT TO RETURN CONTRACT. Please read this Contract. If not satisfied with it,
the Owner may, within 10 days after its receipt, return it by delivering or
mailing it to the Annuity Service Mailing Address indicated above. Immediately
upon receipt of the Contract by the Company, the Contract will be deemed void as
though it had never been applied for, and the Accumulation Account Value at the
end of the Valuation Period during which the Contract is received by the Company
will be refunded to the Owner.
IMPORTANT NOTICE:
It is not necessary to employ any person to collect any payment or benefit
provided by the Contract. When you require help or advice, write directly to the
Company at its Annuity Service Mailing Address.
The Contract contains many benefits. In your own best interest you should
consult the Company if anyone advises you to surrender this Contract or to
replace it with a new contract.
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TABLE OF CONTENTS
PAGE
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CONTRACT SPECIFICATIONS PAGE 4
DEFINITIONS 5
FIXED AND VARIABLE ACCOUNTS 7
Fixed Account 7
Variable Account and Sub-Accounts 7
Ownership of Assets 7
Investments of the Sub-Accounts 7
PURCHASE PAYMENTS 7
Payments 7
Account Continuation 7
Allocation of Net Purchase Payments 7
CONTRACT VALUES DURING ACCUMULATION PERIOD 8
Accumulation Account 8
Variable Account Value 8
Crediting Variable Accumulation Units 8
Variable Accumulation Unit Value 8
Variable Accumulation Value 8
Net Investment Factor 9
Fixed Account Value 10
Guarantee Periods 10
Guaranteed Interest Rates 11
Fixed Accumulation Value 11
Transfer Privilege 11
Account Fee 11
CASH WITHDRAWALS, WITHDRAWAL CHARGES AND MARKET VALUE ADJUSTMENT 12
Cash Withdrawals 12
Withdrawal Charges 12
Nursing Home Withdrawal Privilege 12
Market Value Adjustment 12
DEATH BENEFIT 13
Death Benefit Provided by the Contract 13
Election and Effective Date of Election 13
Payment of Death Benefit 14
Amount of Death Benefit 14
SETTLEMENT PROVISIONS 15
General 15
Election and Effective Date of Election 15
Determination of Amount 15
Effect of Annuity Commencement Date on Owner's Account 15
Annuity Commencement Date 15
Fixed Annuity Payments 16
Variable Annuity Payments 16
Annuity Unit Value 16
Exchange of Variable Annuity Units 16
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Account Fee 17
Description of Annuity Options 17
Amounts Payable on Death of Payee 17
Annuity Payment Rates 18
OWNERSHIP PROVISIONS 20
Exercise of Contract Rights 20
Death of Owner 20
Voting of Fund Shares 20
Periodic Reports 21
Designation and Change of Beneficiary 21
GENERAL PROVISIONS 21
Age and Sex Misstatement 21
This Contract 21
Currency 21
Determination of Values 22
Governing Law 22
Guarantees 22
Incontestability 22
Modification 22
Nonparticipating 22
Payments by the Company 22
Proof of Age 22
Proof of Survival 22
Splitting Units 22
Rights Reserved by the Company 23
QUALIFIED CONTRACT PROVISIONS
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CONTRACT SPECIFICATIONS
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CONTRACT NUMBER [79-7900-123456]
CONTRACT TYPE [NON QUALIFIED] OR [QUALIFIED PLAN UNDER IRS
CODE SECTION 401, 403(b) OR 408A]
OWNER/ANNUITANT [John J. Doe]
[Mary J. Doe]
AGE OF OWNER [35]
AGE OF ANNUITANT [35]
DATE OF COVERAGE [June 21, 1998]
COVERED PERSON [Annuitant]
CONTRACT ANNIVERSARY DATE [June 21, 1999]
INITIAL PURCHASE PAYMENT [$100,000]
MINIMUM INITIAL PURCHASE PAYMENT [$10,000][if IRA, $2,000]
MINIMUM ADDITIONAL PAYMENT [$ 1,000]
MAXIMUM PURCHASE PAYMENT [Any purchase payment that would NOT cause
(WITHOUT PRIOR APPROVAL OF THE COMPANY) Account Value to exceed $2,000,000]
BENEFICIARY (RELATIONSHIP) [Susan J. Doe (Daughter)]
ANNUITY COMMENCEMENT DATE [July 1, 2050]
[Deferred]
ANNUITY OPTION
Minimum Annuity Purchase Amount [$5,000]
Minimum Initial Annuity Payment Amount [$50]
Account Fee After Annuity Commencement Date [$35]
ACCOUNT FEE [$35]
MAXIMUM ACCOUNT FEE [$50]
MINIMUM ACCOUNT VALUE FOR WAIVER OF ACCOUNT FEE [$75,000]
WITHDRAWAL CHARGES Number Of Complete Withdrawal
Account Years From Time Charges
of Payment -------
----------
[ 0-1 [7%
2-3 6%
4 5%
5 4%
6 3%
7+] 0%]
Free Withdrawal Amount Any previously unliquidated old Payments plus, the
greater of
- "earnings" in the prior Contract Year, defined
as the positive difference in the Accumulation
Account Value as measured on the first and last
days of the prior Contract Year and adjusted for
any Purchase Payments and/or withdrawals
made during the prior Contract Year, and
- [15%] of Purchase Payments, irrespective of
whether such new Payments have been liquidated.]
INITIAL GUARANTEE PERIODS(S) ["1-10 Year" or "Non-Elected"]
GUARANTEED INTEREST RATE ["1YR-4.5%, "3YR-5.6%" or "N/A"]
Minimum Guarantee Period Amount [$1,000]
Minimum Guarantee Interest Rate 3%
Market Value Adjustment ("b" Factor) [0%] Maximum 0.25%
CURRENT FEE PER TRANSFER [$0]
Maximum Fee Per Transfer
Maximum Number of Transfers per Year
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CURRENT FEE PER TRANSFER (CONTINUED)
Minimum Transfer Amount [$1,000]
Minimum Remaining in Sub-Account after Transfer [$1,000]
Annual Asset Charge
Up to and including $1,000,000 [ 1.15%] or [1.30%] or [1.40%] or [1.55%]
[1.40% after Annuity Commencement Date for
Annuity Commencement Dates occurring within 7
years of Date of Coverage
[1.15% after Annuity Commencement Date for
Annuity Commencement Dates occurring after 7
years from the Date of Coverage.]
Over $1,000,000 [1.00%] or [1.15%] or [1.25%] or [1.40%]
[1.25%] after Annuity Commencement Date for
Annuity Commencement Dates occurring within 7
years of Date of Coverage]
[1.00% after Annuity Commencement Date for
Annuity Commencement Dates occurring after 7
years from Date of Coverage.]
Basic Death Benefit [The greatest of 1, 2 or 3 shown in the
"Amount of Death Benefit" provision]
Optional Death Benefit (s)
(Only available if Owner is age 86 or younger) [None]
[Earnings Enhancement Rider] [The Basic Death Benefit plus
40% of the lesser of Net Purchase Payments
and the Accumulation Account Value minus
Net Purchase Payments if the Owner is 69 or
younger on the Certificate Date, or
25% of the lesser of Net Purchase Payments
and the Accumulation Account Value minus
Net Purchase Payments if the Owner is between
70 and 79 years old on the Date of Coverage]
[What benefit is payable in the event the Owner's [If the spouse of the Owner chooses to continue
spouse chooses to continue the Contract after the this Contract after the Owner's death, the
Owner's death?] amount payable under this Rider will be
credited to the Accumulation Account Value as
of the Death Benefit Date. Thereafter, the
Rider will continue in force and be payable
upon the spouse's death. For purposes of
calculating this benefit upon the spouse's death,
the Accumulation Account Value on the
Owner's Death Benefit Date (inclusive of any
Death Benefit Amount increases) will be
considered the Initial Net Purchase Payment.
If a benefit is payable on the spouse's Death
Benefit Date, the percentage payable (40% vs.
25%) will be based on the spouse's age on the
Date of Coverage.]
[and]
[Maximum Anniversary Account Value Rider] [The greater of the Basic Death Benefit and
the highest Accumulation Account Value on any
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Contract Anniversary prior to the Owner's 81st
birthday, adjusted for any subsequent Purchase
Payments and Partial Withdrawals and Charges
made between such Account Anniversary and the
Death Benefit Date.]
[and]
[5% Premium Roll-Up Rider] [The greater of the Basic Death Benefit and
your total purchase payments plus interest
accrued as follows:
Interest will accrue on Purchase Payments
allocated to and transfers to the Variable
Account while they remain in the Variable
Account at 5% per year until the first day of
the month following the Owner's 80th birthday
or until the Purchase Payment or amount
transferred has doubled in amount, whichever
is earlier.]
[Maximum Anniversary Account Value Rider and
5% Premium Roll-Up Rider]
[How will the benefits offered by these riders be The death benefit will equal the greatest of
calculated if more than one is elected?] the following values:
Maximum Account Anniversary Account Value
5% Premium Rollup Value
The Basic Death Benefit]
[Maximum Anniversary Account Value Rider and
Earnings Enhancement Rider
The death benefit will equal the greater of
the following values:
Maximum Account Anniversary Account Value
The Basic Death Benefit
plus
the amount calculated under the Earnings
Enhancement Rider using the Basic Death Benefit
as the Accumulation Account Value.]
[5% Premium Roll-up Rider and Earnings
Enhancement Rider
The death benefit will equal the greater of
the following values:
5% Premium Rollup value
The Basic Death Benefit
plus
the amount calculated under the Earnings
Enhancement Rider using the Basic Death
Benefit as the Accumulation Account Value.]
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[Maximum Anniversary Account Value Rider, 5%
Premium Roll-up Rider and Earnings Enhancement
Rider
The death benefit will equal the greater of
the following values:
Maximum Account Anniversary Account Value
5% Premium Rollup value
The Basic Death Benefit
plus
the amount calculated under the Earnings
Enhancement Rider using the Basic Death
Benefit as the Accumulation Account Value.]
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DEFINITIONS
Any reference in this Contract to "RECEIPT" and "RECEIVED" by the Company means
receipt at the Company's Annuity Service Mailing Address shown on the first page
of this Contract.
ACCOUNT YEARS AND ACCOUNT ANNIVERSARIES: The Account Year shall be the period of
365 days as measured from the Date of Coverage.
ACCUMULATION ACCOUNT VALUE: The variable accumulation value, if any, plus the
fixed accumulation value, if any, of an Accumulation Account for any Valuation
Period.
ACCUMULATION ACCOUNT: An account to which Net Purchase Payments are credited.
ACCUMULATION PERIOD: The period before the Annuity Commencement Date and during
the lifetime of the Owner.
ANNUITANT: The person or persons named on the Contract Specifications page on
whose life the first annuity payment is to be made. If the Annuitant dies prior
to the Annuity Commencement Date, the new Annuitant will be the Co-Annuitant, if
any. If the Co-Annuitant dies or if no Co-Annuitant is named, the Owner becomes
the Annuitant upon the Annuitant's death prior to the Annuity Commencement Date.
*ANNUITY COMMENCEMENT DATE: The date on which the first annuity payment is to be
made.
*ANNUITY OPTION: The method for making annuity payments.
ANNUITY UNIT: A unit of measure used in the calculation of the amount of the
second and each subsequent Variable Annuity payment from the Variable Account.
APPLICATION: The document, if any, signed by each Owner that serves as his or
her Application for this Contract, a copy of which may be attached to and made
part of this Contract.
*BENEFICIARY: Prior to the Annuity Commencement Date, the person or entity
having the right to receive the Death Benefit set forth in the Contract, and,
for a Contract issued under a Non-Qualified Contract, who, in the event of the
Owner's death, is the designated Beneficiary for purposes of Section 72(s) of
the Code. After the Annuity Commencement Date, the person or entity having the
right to receive any payments due under the Annuity Option elected, if
applicable, upon the death of the Payee. The Contract must be owned by a natural
person or agent for a natural person for the Contract to receive favorable
income tax treatment as an annuity.
CODE: The Internal Revenue Code of 1986, as amended.
COMPANY: Sun Life Assurance Company of Canada (U.S.).
COVERED PERSON: The person upon whose death the Death Benefit will be paid.
DATE OF COVERAGE: The date on which this Contract becomes effective.
DEATH BENEFIT DATE: The date on which the Death Benefit election is effective
which is the date on which the Company receives Due Proof of Death.
DUE PROOF OF DEATH: An original certified copy of an official death certificate,
an original certified copy of a decree of a court of competent jurisdiction as
to the finding of death, or any other proof satisfactory to the Company.
EXPIRATION DATE: The last day of a Guarantee Period.
FIXED ACCOUNT: Part of the General Account of the Company, consisting of all
assets of the Company other than those allocated to a separate account of the
Company.
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FIXED ANNUITY: An annuity with payments that do not vary as to dollar amount.
FUND(S): One or more open-end management investment companies or "mutual funds"
registered under the Investment Company Act of 1940.
GUARANTEE AMOUNT: Any portion of the Accumulation Account's Value allocated to a
particular Guarantee Period with a particular Expiration Date (including
interest earned thereon).
GUARANTEE PERIOD: The period for which a Guaranteed Interest Rate is credited.
GUARANTEED INTEREST RATE: The rate of interest credited by the Company on a
compound annual basis during any Guarantee Period.
NET INVESTMENT FACTOR: An index applied by the Company to measure the investment
performance of a Sub-Account from one Valuation Period to the next. The Net
Investment Factor may be greater than, less than, or equal to one.
NET PURCHASE PAYMENT: The portion of a Purchase Payment that remains after the
deduction of any applicable front-end sales load or premium or similar tax, if
any.
NON-QUALIFIED CONTRACT: A Contract used in connection with a retirement plan
which does not receive favorable federal income tax treatment under Sections
401, 403, 408, or 408A of the Code. The Owner's interest in this Contract must
be owned by a natural person or agent for a natural person for the Contract to
receive favorable income tax treatment as an annuity.
*OWNER: The person named in the Contract Specifications page who is entitled to
exercise all rights and privileges of Ownership under the Contract. The Owner
may designate a trustee or custodian of a retirement plan which meets the
requirements of Section 401, Section 408(c), Section 408(k), or Section 408(p)
of the Code to serve as legal owner of assets of a retirement plan, but the term
Owner, as used herein, refers to the organization entering into the Contract.
PAYEE: A recipient of payments relating to this Contract.
PURCHASE PAYMENT (PAYMENT): The amount paid to the Company as consideration for
the benefits provided by the Contract.
QUALIFIED CONTRACT: A Contract used in connection with a retirement plan which
may receive favorable federal income tax treatment under Sections 401, 403, 408
or 408A of the Code.
SUB-ACCOUNT: That portion of the Variable Account that invests in shares of
specific series or sub-series of a Fund.
VALUATION PERIOD: The period of time from one determination of Variable
Accumulation Unit and Annuity Unit values to the next subsequent determination
of these values. Such determination shall be made as of the close of the New
York Stock Exchange on each day that the Exchange is open for trading and on
such other days on which there is a sufficient degree of trading in the
portfolio securities of the Variable Account so that the values of the Variable
Account's Accumulation Units and Annuity Units might be materially affected.
VARIABLE ACCOUNT: A separate account of the Company consisting of assets set
aside by the Company, the investment performance of which is kept separate from
that of the general assets of the Company.
VARIABLE ACCUMULATION UNIT: A unit of measure used in the calculation of the
value of the variable portion of an Accumulation Account.
VARIABLE ANNUITY: An annuity with payments which vary as to dollar amount in
relation to the investment performance of specified Sub-Accounts of the Variable
Account.
-----------
*As specified in the Contract Specifications page, unless changed.
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FIXED AND VARIABLE ACCOUNTS
FIXED ACCOUNT
The Fixed Account consists of all assets of the Company other than those
allocated to any separate account of the Company. Any portion of a Net Purchase
Payment allocated by an Owner to a Guarantee Period(s) will become part of the
Fixed Account.
VARIABLE ACCOUNT AND SUB-ACCOUNTS
The Variable Account to which the variable accumulation values and
Variable Annuity payments, if any, under the Contract relate was established by
the Company pursuant to a resolution of its Board of Directors. The Company has
registered the Variable Account as a unit investment trust under the Investment
Company Act of 1940. That portion of the assets of the Variable Account equal to
the reserves and other contract liabilities with respect to the Variable Account
shall not be chargeable with liabilities arising out of any other business the
Company may conduct.
The assets of the Variable Account are divided into Sub-Accounts. Each
Sub-Account invests exclusively in shares of a designated series or sub-series
of a Fund. The values of the Variable Accumulation Units and the Annuity Units
described in the Contract reflect the investment performance of the
Sub-Accounts.
OWNERSHIP OF ASSETS
The Company shall have exclusive and absolute ownership and control of its
assets, including all assets of the Sub-Accounts. The Company reserves the right
to transfer the assets of a Sub-Account, in excess of the reserves and other
policy liabilities with respect to that Sub-Account, to another Sub-Account or
to the Company's General Account.
INVESTMENTS OF THE SUB-ACCOUNTS
All amounts allocated to a Sub-Account will be used to purchase shares of
a specific series or sub-series of a Fund. The Fund shares available on the Date
of Coverage are shown on the Contract Specifications page; more series and/or
Funds may be subsequently added or deleted. Each Fund is an open-end investment
Company ("mutual fund") registered under the Investment Company Act of 1940. Any
and all distributions made by a Fund with respect to shares held by a
Sub-Account will be reinvested to purchase additional shares of that series at
net asset value. Deductions from the Sub-Accounts will, in effect, be made by
reducing the number of Accumulation Units attributable to the Accumulation
Account. Each Sub-Account will be fully invested in Fund shares at all times.
PURCHASE PAYMENTS
PAYMENTS
All Purchase Payments are to be paid to the Company at its Annuity Service
Mailing Address. The amount of Purchase Payments may vary; however, the Company
will not accept an initial Purchase Payment for any Contract which is less than
the minimum amount specified on the Contract Specifications page, and each
additional Purchase Payment must be at least the minimum additional amount
specified on the Contract Specifications page. In addition, the prior approval
of the Company is required before it will accept a Purchase Payment which would
cause the Accumulation Account Value to exceed the maximum Purchase Payment
amount specified on the Contract Specifications page. If the Accumulation
Account Value exceeds such maximum amount, no additional Purchase Payments will
be allocated without the prior approval of the Company.
ACCOUNT CONTINUATION
The Accumulation Account shall be continued automatically in full force
during the lifetime of the Owner until the Annuity Commencement Date or until
the Accumulation Account is surrendered.
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ALLOCATION OF NET PURCHASE PAYMENTS
The Net Purchase Payment is that portion of a Purchase Payment that
remains after deduction of any applicable front-end sales load and premium tax
or similar tax. Each Net Purchase Payment will, upon receipt by the Company, be
allocated to the Accumulation Account, either to the Sub-Accounts or to the
Fixed Account or to both the Sub-Accounts and the Fixed Account in accordance
with the allocation factors specified in the Application, or as subsequently
changed by the Owner. Purchase Payment Interest will be credited on a
proportional basis to the same Sub-Accounts and/or Fixed Accounts as Net
Purchase Payments.
The allocation factors for new Purchase Payments among the Guarantee
Periods and the Sub-Accounts may be changed by the Owner at any time by giving
notice of the change to the Company, in accordance with the Company's procedures
then in effect. The Owner may effect such change directly, or through an
authorized third party, subject to the Company's approval given in its sole
discretion, and further subject to adherence to such Company procedures as may
be adopted from time to time. Any change will take effect with the first
Purchase Payment received with or after receipt of notice of the change by the
Company and will continue in effect until subsequently changed.
CONTRACT VALUES DURING ACCUMULATION PERIOD
ACCUMULATION ACCOUNT
The Company will establish an Accumulation Account for this Contract and
will maintain the Accumulation Account during the Accumulation Period. The
Accumulation Account Value for any Valuation Period is equal to the variable
accumulation value, if any, plus the fixed accumulation value, if any, of the
Accumulation Account for that Valuation Period.
VARIABLE ACCOUNT VALUE
CREDITING VARIABLE ACCUMULATION UNITS
Upon receipt of a Purchase Payment by the Company, all or that portion, if
any, of the Net Purchase Payment to be allocated to the Sub-Accounts will be
credited to the Accumulation Account in the form of Variable Accumulation Units.
The number of particular Variable Accumulation Units to be credited is
determined by dividing the dollar amount allocated to the particular Sub-Account
by the Variable Accumulation Unit value of the particular Sub-Account for the
Valuation Period during which the Purchase Payment is received by the Company.
VARIABLE ACCUMULATION UNIT VALUE
The Variable Accumulation Unit value for each Sub-Account was established
at $10.00 for the first Valuation Period of the particular Sub-Account. The
Variable Accumulation Unit value for the particular Sub-Account for any
subsequent Valuation Period is determined by methodology which is the
mathematical equivalent of multiplying the Variable Accumulation Unit value for
the particular Sub-Account for the immediately preceding Valuation Period by the
Net Investment Factor for the particular Sub-Account for such subsequent
Valuation Period. The Variable Accumulation Unit value for each Sub-Account for
any Valuation Period is the value determined as of the end of the particular
Valuation Period and may increase, decrease or remain constant from Valuation
Period to Valuation Period in accordance with the Net Investment Factor
described below.
VARIABLE ACCUMULATION VALUE
The variable accumulation value, if any, of a the Accumulation Account for
any Valuation Period is equal to the sum of the value of all Variable
Accumulation Units of each Sub-Account credited to the Accumulation Account for
such Valuation Period. The variable accumulation value of each Sub-Account is
determined by multiplying the number of Variable Accumulation Units, if any,
credited to each Sub-Account by the Variable Accumulation Unit value of the
particular Sub-Account for such Valuation Period.
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NET INVESTMENT FACTOR
The Net Investment Factor is an index applied to measure the investment
performance of a Sub-Account from one Valuation Period to the next. The Net
Investment Factor may be greater than, less than, or equal to one; therefore,
the value of a Variable Accumulation Unit may increase, decrease or remain
unchanged.
The Net Investment Factor for any Sub-Account for any Valuation Period is
determined by dividing (a) by (b) and then subtracting (c) from the result
where:
(a) is the net result of:
1) the net asset value of a Fund share held in the Sub-Account
determined as of the end of the Valuation Period, plus
2) the per share amount of any dividend or other distribution
declared by the Fund on the shares held in the Sub-Account if
the ex-dividend date occurs during the Valuation Period, plus
or minus
2) a per share credit or charge with respect to any taxes paid or
reserved for by the Company during the Valuation Period which
are determined by the Company to be attributable to the
operation of the Sub-Account;
(b) is the net asset value of a Fund share held in the Sub-Account
determined as of the end of the preceding Valuation Period; and
(c) is the asset charge factor determined by the Company for the
Valuation Period to reflect the charges for assuming the mortality
and expense risks and administrative expense risks.
The asset charge factor for any Valuation Period is equal to the daily
asset charge factor multiplied by the number of 24 hour periods in the Valuation
Period. The daily asset charge factor will be determined by the Company
annually.
FIXED ACCOUNT VALUE
GUARANTEE PERIODS
The Owner elects one or more Guarantee Period(s) from among those made
available by the Company. The period(s) elected will determine the Guaranteed
Interest Rate(s). A Purchase Payment or the portion (at least equal to the
minimum Guarantee Period amount set forth on the Contract Specifications page)
thereof (or amount transferred in accordance with the Transfer Privilege
provision described below) allocated to a particular Guarantee Period, less any
applicable premium taxes or similar taxes and any amounts subsequently
withdrawn, will earn interest at the Guaranteed Interest Rate in effect during
the Guarantee Period. Initial Guarantee Periods begin on the date a Net Purchase
Payment is applied (or, in the case of a transfer, on the effective date of the
transfer) and end when the number of calendar years in the Guarantee Period
elected (measured from the end of the calendar month in which the amount was
allocated to the Guarantee Period) has elapsed. The last day of a Guarantee
Period is the Expiration Date. Subsequent Guarantee Periods begin on the first
day following the Expiration Date.
Any portion of the Accumulation Account Value allocated to a particular
Guarantee Period with a particular Expiration Date (including interest earned
thereon) is referred to as a Guarantee Amount. As a result of additional
Purchase Payments, renewals and transfers of portions of the Accumulation
Account Value, Guarantee Amounts allocated to Guarantee Periods of the same
duration may have different Expiration Dates, and each Guarantee Amount will be
treated separately for purposes of determining any market value adjustment.
The Company will notify the Owner in writing at least 45 and no more than
75 days prior to the Expiration Date for any Guarantee Amount. A new Guarantee
Period of the same duration as the previous Guarantee Period will commence
automatically at the end of the previous Guarantee Period unless the Company
receives, in writing prior
RCH-IND-MVA-00-1 -9-
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to the end of such Guarantee Period, an election by the Owner of a different
Guarantee Period from among those being offered by the Company at such time, or
instructions to transfer all or a portion of the Guarantee Amount to one or more
Sub-Accounts in accordance with the Transfer Privilege provision. Each new
Guarantee Amount must be at least the amount set forth on the Contract
Specifications page unless it is equal to the entire Guarantee Amount being
transferred.
GUARANTEED INTEREST RATES
The Company periodically will establish an applicable Guaranteed Interest
Rate for each Guarantee Period offered by the Company. These rates will be
guaranteed for the duration of the respective Guarantee Periods.
No Guaranteed Interest Rate will be less than the minimum rate per year
set forth on the Contract Specifications page, compounded annually.
FIXED ACCUMULATION VALUE
Upon receipt of a Purchase Payment by the Company, all or that portion, if
any, of the Net Purchase Payment which is allocated to the Fixed Account will be
credited to the Accumulation Account and allocated to the Guarantee Period(s)
selected by the Owner. The fixed accumulation value, if any, of the Accumulation
Account for any Valuation Period is equal to the sum of the values of all
Guarantee Amounts credited to the Accumulation Account for such Valuation
Period.
TRANSFER PRIVILEGE
At any time during the Accumulation Period the Owner may transfer all or
part of the Accumulation Account Value to one or more Sub-Accounts or Guarantee
Periods, subject to the conditions set forth below. Except as described below, a
transfer will generally be effective on the date the request for transfer is
received by the Company.
Transfers involving Sub-Accounts will reflect the purchase or cancellation
of Variable Accumulation Units having an aggregate value equal to the dollar
amount being transferred to or from a particular Sub-Account. The purchase or
cancellation of such units shall be made using Variable Accumulation Unit values
of the applicable Sub-Account for the Valuation Period during which the transfer
is effective. Transfers to a Guarantee Period will result in a new Guarantee
Period for the amount being transferred. Any such Guarantee Period will begin on
the effective date of the transfer and end on the Expiration Date. The amount
transferred into such Guarantee Period will earn interest at the Guaranteed
Interest Rate declared by the Company for that Guarantee Period as of the
effective date of the transfer.
Transfers will be subject to the following conditions: (1) not more than
12 transfers may be made in any Account Year; a minimum of 30 calendar days must
elapse between transfers made to or from the Fixed Account or among Guarantee
Periods within the Fixed Account; (2) the amount being transferred from a
Sub-Account may not be less than the amount set forth on the Contract
Specifications page unless the total Accumulation Account Value attributable to
a Sub-Account is being transferred; (3) any Accumulation Account Value remaining
in a Sub-Account may not be less than the amount set forth on the Contract
Specifications page; and (4) the total Accumulation Account Value attributable
to the Guarantee Amount must be transferred, except for an "interest out"
transfer (I.E. the entire amount of interest credited to all Guarantee Amounts
during the current Account Year is transferred to one or more Sub-Accounts). In
addition, transfers of a Guarantee Amount (except interest credited to such
Guarantee Amount during the current Account Year) will be subject to the market
value adjustment described below unless the transfer is effective within 30 days
prior to the Expiration Date applicable to the Guarantee Amount. Transfers
involving Variable Accumulation Units shall be subject to such terms and
conditions as may be imposed by the Funds. Similarly, the Company reserves the
right in its sole discretion to delay the effective date of any transfer
involving the Fixed Account for reasons similar to those underlying delays of
transfers among Sub-Accounts. The Company also reserves the right in its sole
discretion to refuse or delay all transfer requests initiated on behalf of a an
Owner by any third party authorized by the Owner to make such transfer requests.
Currently, there is no charge for transfers; however, the Company reserves the
right to impose a charge for each transfer as shown on the Contract
Specifications page. The Company reserves the right to limit the amount which
may be transferred from the Sub-Accounts to the Fixed Account.
RCH-IND-MVA-00-1 -10-
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ACCOUNT FEE
Prior to the Annuity Commencement Date, on each Account Anniversary the
Company will deduct from the value of the Accumulation Account an annual account
fee to reimburse the Company for administrative expenses relating to the
Contract and the Accumulation Account. In Account Years one through five the
account fee is equal to the lesser of the amount specified on the Contract
Specifications page and 2% of the Accumulation Account Value; thereafter the
account fee may be changed annually, but in no event may it exceed the lesser of
the maximum amount specified on the Contract Specifications page and 2% of the
Accumulation Value. The account fee will be deducted on a PRO RATA basis from
amounts allocated to each Guarantee Period and each Sub-Account in which the
Accumulation Account is invested at the time of such deduction. If an
Accumulation Account is surrendered for its full value on other than an Account
Anniversary, the account fee will be deducted in full at the time of such
surrender. The Company will waive the account fee when either (a) the entire
Accumulation Account Value has been allocated to the Fixed Account during the
entire previous Account Year, or (b) the Accumulation Account Value is greater
than the amount specified on the Contract Specifications page on the Account
Anniversary. On the Annuity Commencement Date the value of the Accumulation
Account will be reduced by a proportionate amount of the account fee to reflect
the time elapsed between the last Account Anniversary and the day before the
Annuity Commencement Date.
After the Annuity Commencement Date an annual account fee in an amount
specified on the Contract Specifications page will be deducted in equal amounts
from each Variable Annuity payment made during the year. No such deduction is
made from Fixed Annuity payments.
CASH WITHDRAWALS, WITHDRAWAL CHARGES AND MARKET VALUE ADJUSTMENT
CASH WITHDRAWALS
At any time before the Annuity Commencement Date, the Owner may elect to
receive a cash withdrawal payment from the Company by filing with the Company at
its Annuity Service Mailing Address, a written election in such form as the
Company may require. Any such election shall specify the amount of the
withdrawal and will be effective on the date that it is received by the Company.
Any cash withdrawal payment will be paid within seven days from the date the
election becomes effective, except as the Company may be permitted to defer such
payment in accordance with the Investment Company Act of 1940. The Company
reserves the right to defer the payment of amounts withdrawn from the Fixed
Account for a period not to exceed six months from the date written request for
such withdrawal is received by the Company,
The Owner may request a full surrender or a partial withdrawal. A full
surrender will result in a cash withdrawal payment equal to the value of the
Accumulation Account at the end of the Valuation Period during which the
election becomes effective less the account fee, plus or minus any applicable
market value adjustment, and less any applicable withdrawal charge. A partial
withdrawal (I.E., a payment of an amount less than that paid under a full
surrender) will result in the cancellation of a portion of the Accumulation's
Account Value with an aggregate dollar value equal to the dollar amount of the
cash withdrawal payment, plus or minus any applicable market value adjustment
and plus any applicable withdrawal charge.
In the case of a partial withdrawal, the Owner may instruct the Company as
to the amounts to be withdrawn from each Sub-Account and/or Guarantee Amount. If
not so instructed, the Company will effect the partial withdrawal PRO RATA from
each Sub-Account and Guarantee Amount in which the Accumulation Account Value is
invested at the end of the Valuation Period during which the withdrawal becomes
effective. If a partial withdrawal is requested which would leave the
Accumulation Account Value less than the account fee, then such partial
withdrawal will be treated as a full surrender.
Cash withdrawals from a Sub-Account will result in the cancellation of
Variable Accumulation Units attributable to the Accumulation Account with an
aggregate value on the effective date of the withdrawal equal to the total
amount by which the Sub-Account is reduced. The cancellation of such units will
be based on the Variable Accumulation Unit value(s) of the Sub-Account(s) for
the Valuation Period during which the cash withdrawal is effective.
RCH-IND-MVA-00-1 -11-
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All cash withdrawals of any Guarantee Amount, except those effective
within 30 days prior to the Expiration Date of such Guarantee Amount or the
withdrawal of interest credited to such Guarantee Amount during the current
Account Year, will be subject to the market value adjustment described below.
WITHDRAWAL CHARGES
If a cash withdrawal is made, a withdrawal charge may be assessed by the
Company. The amount of any withdrawal charge is determined as follows:
Old Payments, and new Payments: With respect to a particular Account
Year, new Payments are those Payments made in that Account Year or in
the six immediately preceding Account Years; and old Payments are
those Payments not defined as new Payments.
Order of liquidation: For purposes of a full surrender or partial
withdrawal, each withdrawal is allocated first to the free withdrawal
amount and then to previously unliquidated Payments (on a first-in,
first-out basis) until all Purchase Payments have been liquidated.
Free withdrawal amount: As defined in the Contract Specifications
Page.
Maximum withdrawal amount without a withdrawal charge: The maximum
amount that can be withdrawn without a withdrawal charge in an Account
Year is equal to the sum of: (a) the free withdrawal amount, and (b)
any previously unliquidated old Payments.
Amount subject to withdrawal charge: For any partial withdrawal or
full surrender, the amount subject to withdrawal charge is the amount
of the partial withdrawal or full surrender less the maximum
withdrawal amount without a withdrawal charge, up to a maximum of the
sum of all unliquidated new Payments.
Withdrawal charge percentage: The withdrawal charge percentage varies
according to the number of complete Account Years between the Account
Year in which a Purchase Payment was credited to the Accumulation
Account and the Account Year in which it is withdrawn.
Amount of withdrawal charge: The amount of the withdrawal charge is
determined by multiplying the amount subject to a withdrawal charge by
the withdrawal charge percentage(s) set forth on the Contract
Specifications page.
No withdrawal charge is imposed upon amounts applied to purchase an
annuity.
NURSING HOME WITHDRAWAL PRIVILEGE
The Company will waive the withdrawal charge arising from a full surrender
if: (1) at least one year has elapsed since the Contract's Date of Coverage, and
(2) the Owner is confined to an eligible nursing home and has been confined
there for at least the preceding one hundred eighty (180) days. Proof of the
Owner's confinement to an eligible nursing home must be provided to the Company
at its Annuity Service Mailing Address in such form as the Company may require.
For purposes of this section, an eligible nursing home is a licensed
hospital or licensed skilled or intermediate care nursing facility at which
medical treatment is available on a daily basis and daily medical records are
kept for each patient.
MARKET VALUE ADJUSTMENT
Any cash withdrawal (which for purposes of this section includes transfers
and amounts applied to purchase an annuity) of a Guarantee Amount, other than a
withdrawal effective within 30 days prior to the Expiration Date of the
Guarantee Amount, or the withdrawal of interest credited on such Guarantee
Amount during the current Account Year, will be subject to a market value
adjustment.
RCH-IND-MVA-00-1 -12-
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The market value adjustment will reflect the relationship between the
current interest rate (as described in the formula below) for the amount being
withdrawn and the Guaranteed Interest Rate applicable to the amount being
withdrawn. It also reflects the time remaining in the applicable Guarantee
Period.
The market value adjustment will be determined by multiplying the amount
being withdrawn after the deduction of any applicable account fee and before
deduction of any applicable withdrawal charge by the market value adjustment
factor. The market value adjustment factor is:
N/12
[(1 + I)/(1 + J + b)] - 1
where,
I is the Guaranteed Interest Rate being credited to the Guarantee Amount
subject to the market value adjustment,
J is the Guaranteed Interest Rate declared by the Company, as of the
effective date of the Application of the market value adjustment, for current
allocations to Guarantee Periods equal to the balance of the Guarantee Period of
the Guarantee Amount subject to the market value adjustment, rounded to the next
higher number of complete years. For any Guarantee Period of less than one year
J is the Guaranteed Interest Rate we declare for a Guarantee Period of the same
length as your Guarantee Period(the current rate).
b is a factor which the Company will determine for each Contract and which
is set forth on the Contract Specifications page and which will not exceed .25%,
and
N is the number of complete months remaining in the Guarantee Period of
the Guarantee Amount subject to the market value adjustment.
In the determination of J, if the Company does not currently offer the
applicable Guarantee Period, then the rate will be determined by linear
interpolation of the current rates for Guarantee Periods that are available.
DEATH BENEFIT
DEATH BENEFIT PROVIDED BY THE CONTRACT
If the Covered Person dies while this Contract is in effect and before the
Annuity Commencement Date, upon receipt of Due Proof of Death, the Company may
pay a Death Benefit to the Beneficiary in accordance with this Death Benefit
provision. If the Covered Person is not a natural person, the Annuitant is
considered the Owner for the purpose of this Death Benefit Provision.
If there is no designated Beneficiary living on the date of death of the
Covered Person, the Company will pay the Death Benefit upon receipt of Due Proof
of Death of the Covered Person or the Beneficiary, if applicable, in one sum to
the estate of the deceased Covered Person. If the death of the Owner occurs on
or after the Annuity Commencement Date, no Death Benefit will be payable under
the Contract except as may be provided under the form of annuity elected.
ELECTION AND EFFECTIVE DATE OF ELECTION
During the lifetime of the Owner and prior to the Annuity Commencement
Date, the Owner may elect to have the Death Benefit applied under one or more of
the Annuity Options in accordance with the Contract's settlement provisions to
effect a Variable Annuity or a Fixed Annuity or a combination of both for the
Beneficiary as Payee after the death of the Owner. This election may be made or
subsequently revoked by filing with the Company at its Annuity Service Mailing
Address, a written election or revocation of an election in such form as the
Company may require. Any election or revocation of an election of a method of
settlement of the Death Benefit by the Owner will become effective on the date
it is received by the Company. For the purposes of the Payment of Death Benefit
section below, any election of the method of settlement of the Death Benefit by
the Owner which is in effect on the date of death of the Owner will be deemed
effective on the date Due Proof of Death of the Owner is received by the
Company.
RCH-IND-MVA-00-1 -13-
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If no election of a method of settlement of the Death Benefit by the Owner
is in effect on the date of death of the Owner, the Beneficiary may elect (a) to
receive the Death Benefit in the form of a cash payment, in which event the
Accumulation Account will be canceled; or (b) to have the Death Benefit applied
under one or more of the Annuity Options in accordance with the settlement
provisions to effect, on the Annuity Commencement Date determined in the Payment
of Death Benefit section below, a Variable Annuity or a Fixed Annuity or a
combination of both for the Beneficiary as Payee. In no event shall any method
of settlement be exercised which would violate the mandatory distribution
requirements of Section 72(s) of the Code. For additional options available if
the designated beneficiary is the surviving spouse, please refer to the section
of this Contract entitled OWNERSHIP PROVISIONS - Death of Owner.
The election of a method of settlement may be made by filing with the
Company at its Annuity Service Mailing Address, a written election in such form
as the Company may require. Any written election of a method of settlement of
the Death Benefit by the Beneficiary will become effective on the later of: (a)
the date the election is received by the Company; or (b) the date Due Proof of
Death of the Owner is received by the Company. If a written election by the
Beneficiary is not received by the Company within 60 days following the date Due
Proof of Death of the Owner is received by the Company, the Beneficiary shall be
deemed to have elected a cash payment as of the last day of such 60 day period.
PAYMENT OF DEATH BENEFIT
If the Death Benefit is to be paid in cash, payment will be made within
seven days of the Death Benefit Date, except as the Company may be permitted to
defer any such payment in accordance with the Investment Company Act of 1940. If
settlement under one or more of the Annuity Options is elected, the Annuity
Commencement Date will be the first day of the second calendar month following
the Death Benefit Date and the Accumulation Account will be maintained in effect
until the Annuity Commencement Date.
AMOUNT OF DEATH BENEFIT
The Death Benefit is determined as of the Death Benefit Date.
If the Covered Person was age 85 or less on the Date of Coverage, the
Death Benefit is equal to the greatest of:
(1) the Accumulation Account Value for the Valuation Period in which the
Death Benefit Date occurs;
(2) the amount which would have been payable in the event of a full
surrender of the Accumulation Account on the Death Benefit Date;
(3) Net Purchase Payments, adjusted for any partial withdrawals, as
of the Death Benefit Date; and
(4) Any Optional Death Benefit, if elected on or before the Date of
Coverage, as shown on the Contract Specifications Page.
If the Covered Person was age 86 or older on the Date of Coverage, the Death
Benefit will be equal to (2) above.
A partial withdrawal will affect the amount payable under (3) and (4) on a
basis proportional to the reduction in Accumulation Account Value brought about
by such withdrawal. That is, any partial withdrawal will reduce the death
benefit amouont to an amount equal to the death benefit amount immediately
before the withdrawal multiplied by the ratio of the Participant's Account
immediately after the withdrawal to the Participant's Account Value immediately
before the withdrawal.
If (2) or (3) is operative, the Accumulation Account Value will be
increased by the excess of (2) or (3) over (1), and the increase will be
allocated to the Sub-Accounts based on the respective values of the Sub-Accounts
on the Death Benefit Date. If the "Maximum Account Anniversary Value" or "5%
Premium Rollup Rider" Optional Death Benefit (s) is/are elected and is/are
operative, the Participant's Account Value will be increased by the excess of
(4) over (1) and the increase will be allocated as described above. If no
portion of the Accumulation Account is allocated to the Sub-Accounts, the entire
increase will be allocated to the Sub-Account invested in either a money market
Fund, if available, or the Company's General Account.
RCH-IND-MVA-00-1 -14-
<PAGE>
SETTLEMENT PROVISIONS
GENERAL
On the Annuity Commencement Date, the adjusted value of the Accumulation
Account as determined in accordance with the Determination of Amount provision
below will be applied, as specified by the Owner, under one or more of the
Annuity Options provided in the Contract or under such other settlement options
as may be agreed to by the Company. However, if the amount to be applied under
any Annuity Option is less than the Minimum Annuity Purchase Amount set forth on
the Contract Specifications page, or if the first annuity payment payable in
accordance with such option is less than the Minimum Initial Annuity Payment
Amount set forth on the Contract Specifications page, the Company will pay the
amount to be applied in a single payment to the Payee.
After the Annuity Commencement Date, no change of Annuity Option is
permitted and no payments may be requested under the Cash Withdrawals provision
of the Contract. Exchanges of Variable Annuity Units are permitted.
ELECTION AND EFFECTIVE DATE OF ELECTION
During the lifetime of the Owner and prior to the Annuity Commencement
Date, the Owner may elect to have the adjusted value of the Accumulation Account
applied on the Annuity Commencement Date under one or more of the Annuity
Options provided in the Contract. If more than one person is named as Annuitant,
due to the designation of a Co-Annuitant, the Owner may elect to name one of
such persons to be the sole Annuitant as of the Annuity Commencement Date.
The Owner may also change any election but any election or change of
election must be effective at least 30 days prior to the Annuity Commencement
Date. This election or change of election may be made by filing with the Company
at its Annuity Service Mailing Address, a written election or change of election
in such form as the Company may require. Any such election or change of election
will become effective on the date it is received by the Company. If no such
election is in effect on the 30th day prior to the Annuity Commencement Date,
the adjusted value of the Accumulation Account will be applied under Annuity
Option B, for a life annuity with 120 monthly payments certain. If there is no
election of a sole Annuitant in effect on the 30th day prior to the Annuity
Commencement Date, the person designated as Co-Annuitant will be the Payee under
the applicable Annuity Option.
Any such election may specify the proportion of the adjusted value of the
Accumulation Account to be applied to provide a Fixed Annuity and/or a Variable
Annuity. In the event the election does not so specify, then the portion of the
adjusted value of the Accumulation Account to be applied to provide a Fixed
Annuity and/or a Variable Annuity will be determined on a PRO RATA basis from
the composition of the Accumulation Account on the Annuity Commencement Date.
The Annuity Options in the Contract may also be elected as provided in the
Death Benefit section of the Contract.
DETERMINATION OF AMOUNT
The adjusted value of the Accumulation Account is applied to provide a
Variable Annuity or a Fixed Annuity or a combination of both. This value shall
be equal to the Accumulation Account Value for the Valuation Period which ends
immediately preceding the Annuity Commencement Date, minus a proportionate
amount of the account fee to reflect the time elapsed between the last Account
Anniversary and the day before the Annuity Commencement Date, plus or minus any
applicable market value adjustment and minus any applicable premium or similar
tax.
EFFECT OF ANNUITY COMMENCEMENT DATE ON ACCUMULATION ACCOUNT
The Accumulation Account will be canceled on the Annuity Commencement
Date.
ANNUITY COMMENCEMENT DATE
RCH-IND-MVA-00-1 -15-
<PAGE>
The Annuity Commencement Date is set forth on the Contract Specifications
page. This date may be changed from time to time by the Owner provided that each
change is effective at least 30 days prior to the then current Annuity
Commencement Date and the new Annuity Commencement Date is a date which is: (1)
at least 30 days after the effective date of the change; (2) the first day of a
month; and (3) not later than the first day of the first month following the
Annuitant's 95th birthday unless otherwise restricted in the case of a Qualified
Contract, by the particular retirement plan or by applicable law. For a
Charitable Remainder Trust, the age in (3) is the Annuitant's 100th birthday. If
more than one person is named as Annuitant, due to the designation of a
Co-Annuitant, the Annuity Commencement Date will not be later than the first day
of the first month following the 95th birthday of the youngest of those persons
so named (100th Birthday if a CRT). Any change of the Annuity Commencement Date
may be made by filing with the Company at its Annuity Service Mailing Address, a
written designation of a new Annuity Commencement Date in such form as the
Company may require. Any such change will become effective on the date the
designation is received by the Company.
The Annuity Commencement Date may also be changed by an election of a
settlement option as provided in the Death Benefit section of the Contract.
FIXED ANNUITY PAYMENTS
The dollar amount of each Fixed Annuity payment shall be determined in
accordance with the annuity payment rates shown on pages 18 and 19, which are
based on the minimum Guaranteed Interest Rate of 2.5% per year or, if more
favorable to the Payee(s), in accordance with the annuity payment rates
published by the Company and in use on the Annuity Commencement Date.
VARIABLE ANNUITY PAYMENTS
The dollar amount of the first Variable Annuity payment shall be
determined in accordance with the annuity payment rates shown on pages 18 and
19, which are based on an assumed interest rate of 3% per year.
All Variable Annuity payments other than the first are determined by means
of Annuity Units credited with respect to the particular Payee. The number of
Annuity Units to be credited in respect of a particular Sub-Account is
determined by dividing that portion of the first Variable Annuity payment
attributable to that Sub-Account by the Annuity Unit value of that Sub-Account
for the Valuation Period which ends immediately preceding the Annuity
Commencement Date. The resulting number of Annuity Units of each Sub-Account
credited with respect to the Payee remains fixed unless an exchange of Annuity
Units is made pursuant to the Exchange of Variable Annuity Units section below.
The dollar amount of each Variable Annuity payment after the first may increase,
decrease or remain constant, and is equal to the sum of the amounts determined
by multiplying the number of Annuity Units of a particular Sub-Account credited
with respect to the Payee by the Annuity Unit value for the particular
Sub-Account for the Valuation Period which ends immediately preceding the due
date of each subsequent Variable Annuity payment.
ANNUITY UNIT VALUE
The Annuity Unit Value for each Sub-Account was established at $10.00 for
the first Valuation Period of the particular Sub-Account. The Annuity Unit value
for the particular Sub-Account for any subsequent Valuation Period is determined
by multiplying the Annuity Unit value for the particular Sub-Account for the
immediately preceding Valuation Period by the Net Investment Factor for the
particular Sub-Account for the current Valuation Period and then multiplying
that product by a factor to neutralize the assumed interest rate of 3% per year
used to establish the annuity payment rates found in the Contract.
EXCHANGE OF VARIABLE ANNUITY UNITS
After the Annuity Commencement Date the Payee may, by filing a written
request with the Company at its Annuity Service Mailing Address, exchange the
value of a designated number of Annuity Units of a particular Sub-Account then
credited with respect to such Payee for other Annuity Units, the value of which
would be such that the dollar amount of an annuity payment made on the date of
the exchange would be unaffected by such exchange. The maximum number of
exchanges that may be made in any Account Year is set forth on the Contract
Specifications page.
Exchanges may be made among the Sub-Accounts only. Exchanges shall be made
using the Annuity Unit values for the Valuation Period during which the request
for exchange is received by the Company.
RCH-IND-MVA-00-1 -16-
<PAGE>
ACCOUNT FEE
After the Annuity Commencement Date an annual account fee equal to the
amount specified on the Contract Specifications page will be deducted in equal
amounts from each Variable Annuity payment made during the year as provided in
the Contract Values During Accumulation Period?section of this Contract. No such
deduction is made from Fixed Annuity payments.
DESCRIPTION OF ANNUITY OPTIONS
Annuity Options A, B, C and D are available on either a Fixed Annuity or a
Variable Annuity basis.
- Annuity Option A. Life Annuity: Monthly payments during the
lifetime of the Payee. These payments will terminate at the death of
the Payee, without any provision for continuation of payments to a
Beneficiary.
- Annuity Option B. Life Annuity with 60, 120, 180 or 240 Monthly
Payments Certain: Monthly payments during the lifetime of the Payee and
in any event for sixty (60), one hundred twenty (120), one hundred
eighty (180) or two hundred forty (240) months certain as elected.
- Annuity Option C. Joint and Survivor Annuity: Monthly payments
payable during the joint lifetime of the Payee and a designated second
person and during the lifetime of the survivor. During the lifetime of
the survivor variable monthly payments, if any, will be determined
using the percentage chosen at the time of the election of this option
of the number of each type of Annuity Unit credited with respect to the
Payee, and each fixed monthly payment, if any, will be equal to the
same percentage of the fixed monthly payment payable during the joint
lifetime of the Payee and the designated second person.
- Annuity Option D. Monthly Payments for a Specified Period
Certain: Monthly payments for any specified period of time (at least
(5) years but not exceeding thirty (30) years), as elected. Payments
for a Specified Period Certain of 5 to 9 years is not available during
the first seven account years.
AMOUNTS PAYABLE ON DEATH OF PAYEE
In the event of the death of the Payee on or after the Annuity
Commencement Date, the Company will pay any remaining payments under any Annuity
Option then in effect to the Payee's designated Beneficiary as they become due.
If there is no designated Beneficiary entitled to these remaining payments then
living, the Company will pay the amount specified in the schedule below for any
Annuity Option then in effect, in one sum to the deceased Payee's estate. Any
Beneficiary who becomes entitled to any remaining payments under any Annuity
Option may elect to receive the amount specified in the schedule below for such
option in one sum. In the event of the death of a Beneficiary who has become
entitled to receive any remaining payments under any Annuity Option, the Company
will pay the amount specified for such option in the schedule below in one sum
to the deceased Beneficiary's estate. All payments made in one lump sum by the
Company, as provided in
RCH-IND-MVA-00-1 17
<PAGE>
this paragraph, are made in lieu of paying any remaining payments under the
Annuity Option then in effect.
Option Amount
------ ------
B The discounted value of the remaining payments, if any, for the
certain period.
D The discounted value of the remaining payments, if any, for the
certain period.
In the case of Options B and D the discounted value will be based, for
payments being made on a variable basis, on interest compounded annually at the
assumed interest rate and on the assumptions that the particular Annuity Unit
values applicable to the remaining payments will be the particular Annuity Unit
values for the Valuation Period which ends on the day before the date of the
determination and that the discounted value will remain unchanged thereafter.
ANNUITY PAYMENT RATES
The annuity payment rate tables below show, for each $1,000 applied, the
dollar amount of both (a) the first monthly Variable Annuity payment based on
the assumed interest rate of 3% and (b) the monthly Fixed Annuity payment, when
the payment is based on the minimum Guaranteed Interest Rate of 2.5% per year.
The mortality table used in determining the annuity payment rates for
Annuity Options A, B and C is the 2000 Individual Annuitant Mortality Table A.
In using this mortality table, ages of Annuitants will be reduced by one year
for Annuity Commencement Dates occurring during the years 2010-2019, reduced by
two years for Annuity Commencement Dates occurring during the decade 2020-2029,
and so on.
The annuity payment rates in the tables shown below reflect rates of
mortality appropriate for Annuity Commencement Dates occurring during the years
2000-2009, Thus, for Annuity Commencement Dates occurring in the decade
2010-2019 the term ADJUSTED AGE as used in the tables below, means actual age
less one year. ADJUSTED AGE shall mean actual age less two years for Annuity
Commencement Dates occurring in the decade 2020-2029, and so on.
ADJUSTED AGES will be determined based on the actual age(s) of the
Annuitant(s), in completed years and months, as of the Annuity Commencement
Date. The tables below show annuity payment rates for exact ADJUSTED AGES, rates
for ADJUSTED AGES expressed in completed years and months will be based on
straight line interpolation between the appropriate annuity payment rates.
The dollar amount of each annuity payment for any adjusted age or
combination of adjusted ages not shown below or for any other form of Annuity
Option agreed to by the Company will be quoted by the Company upon request.
RCH-IND-MVA-00-1 18
<PAGE>
<TABLE>
<CAPTION>
AMOUNT OF FIRST MONTHLY ANNUITY PAYMENT PER $1,000
SINGLE LIFE ANNUITY(INTEREST AT 3.0%)
------------------------------------------------------------------------------------------------------------------------------------
OPTION A OPTION B
LIFE ANNUITY LIFE ANNUITY WITH PAYMENTS CERTAIN
------------------------------------------------------------------------------------------------------------------------------------
60 PAYMENTS 120 PAYMENTS 180 PAYMENTS 240 PAYMENTS
ADJUSTED -----------------------------------------------------------------------------------------
AGE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE
------------------------------------- -----------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
20 2.98 2.91 2.98 2.91 2.98 2.90 2.98 2.90 2.97 2.90
------------------------------------- -----------------------------------------------------------------------------------------
25 3.08 2.99 3.08 2.99 3.07 2.99 3.07 2.98 3.07 2.98
------------------------------------- -----------------------------------------------------------------------------------------
30 3.19 3.09 3.19 3.09 3.19 3.09 3.19 3.08 3.18 3.08
------------------------------------- -----------------------------------------------------------------------------------------
35 3.34 3.21 3.34 3.21 3.34 3.21 3.33 3.21 3.32 3.20
------------------------------------- -----------------------------------------------------------------------------------------
40 3.53 3.37 3.53 3.37 3.52 3.37 3.51 3.36 3.49 3.35
------------------------------------- -----------------------------------------------------------------------------------------
45 3.77 3.57 3.77 3.57 3.76 3.56 3.73 3.55 3.70 3.53
------------------------------------- -----------------------------------------------------------------------------------------
50 4.07 3.82 4.07 3.82 4.04 3.81 4.00 3.79 3.94 3.76
------------------------------------- -----------------------------------------------------------------------------------------
55 4.46 4.15 4.45 4.14 4.41 4.12 4.34 4.09 4.23 4.03
------------------------------------- -----------------------------------------------------------------------------------------
60 4.97 4.58 4.95 4.57 4.88 4.53 4.74 4.46 4.55 4.35
------------------------------------- -----------------------------------------------------------------------------------------
65 5.68 5.17 5.64 5.15 5.48 5.07 5.22 4.92 4.88 4.71
------------------------------------- -----------------------------------------------------------------------------------------
70 6.67 6.01 6.56 5.95 6.23 5.78 5.73 5.47 5.16 5.05
------------------------------------- -----------------------------------------------------------------------------------------
75 8.02 7.22 7.77 7.08 7.08 6.67 6.19 6.02 5.36 5.31
------------------------------------- -----------------------------------------------------------------------------------------
80 9.92 9.02 9.32 8.65 7.95 7.66 6.54 6.47 5.46 5.44
------------------------------------- -----------------------------------------------------------------------------------------
85 12.56 11.71 11.17 10.68 8.69 8.55 6.75 6.72 5.50 5.49
------------------------------------- -----------------------------------------------------------------------------------------
90 16.17 15.54 13.14 12.87 9.20 9.15 6.84 6.83 5.51 5.51
------------------------------------------------------------------------------------------------------------------------------------
</TABLE>
<TABLE>
<CAPTION>
OPTION C
JOINT AND SURVIVOR ANNUITY
(ASSUMED ELECTION OF JOINT AND TWO-THIRDS SURVIVOR)
----------------------------------------------------------------------------------------------------------------
ADJUSTED AGE ADJUSTED AGE OF FEMALE
OF MALE
55 60 65 70 75
----------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
----------------------------------------------------------------------------------------------------------------
55 4.11 4.31 4.53 4.77 5.04
----------------------------------------------------------------------------------------------------------------
60 4.29 4.52 4.79 5.09 5.42
----------------------------------------------------------------------------------------------------------------
65 4.48 4.76 5.09 5.46 5.88
----------------------------------------------------------------------------------------------------------------
70 4.70 5.02 5.41 5.88 6.41
----------------------------------------------------------------------------------------------------------------
75 4.91 5.28 5.74 6.31 6.99
----------------------------------------------------------------------------------------------------------------
</TABLE>
<TABLE>
<CAPTION>
OPTION D
PAYMENTS FOR A SPECIFIED PERIOD CERTAIN
------------------------------------------------------------------------------------------
YEARS AMOUNT YEARS AMOUNT YEARS AMOUNT
<S> <C> <C> <C> <C> <C>
10 9.61 17 6.22 24 4.84
11 8.86 18 5.96 25 4.70
12 8.23 19 5.72 26 4.58
13 7.71 20 5.51 27 4.47
14 7.25 21 5.31 28 4.37
15 6.86 22 5.14 29 4.27
16 6.52 23 4.98 30 4.18
------------------------------------------------------------------------------------------
</TABLE>
RCH-IND-MVA-00-1 19
<PAGE>
<TABLE>
<CAPTION>
AMOUNT OF FIRST MONTHLY ANNUITY PAYMENT PER $1,000
SINGLE LIFE ANNUITY(INTEREST AT 2.5%)
------------------------------------------------------------------------------------------------------------------------------------
OPTION A OPTION B
LIFE ANNUITY LIFE ANNUITY WITH PAYMENTS CERTAIN
------------------------------------------------------------------------------------------------------------------------------------
60 PAYMENTS 120 PAYMENTS 180 PAYMENTS 240 PAYMENTS
ADJUSTED -----------------------------------------------------------------------------------------
AGE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE
------------------------------------- -----------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
20 2.67 2.59 2.67 2.59 2.67 2.59 2.67 2.59 2.67 2.59
------------------------------------- -----------------------------------------------------------------------------------------
25 2.77 2.68 2.77 2.68 2.77 2.68 2.77 2.68 2.77 2.68
------------------------------------- -----------------------------------------------------------------------------------------
30 2.90 2.79 2.90 2.79 2.89 2.79 2.89 2.79 2.89 2.78
------------------------------------- -----------------------------------------------------------------------------------------
35 3.05 2.92 3.05 2.92 3.05 2.92 3.04 2.91 3.03 2.91
------------------------------------- -----------------------------------------------------------------------------------------
40 3.24 3.08 3.24 3.08 3.24 3.08 3.23 3.07 3.21 3.06
------------------------------------- -----------------------------------------------------------------------------------------
45 3.49 3.29 3.48 3.28 3.47 3.28 3.45 3.27 3.42 3.25
------------------------------------- -----------------------------------------------------------------------------------------
50 3.79 3.54 3.79 3.54 3.77 3.53 3.73 3.51 3.67 3.48
------------------------------------- -----------------------------------------------------------------------------------------
55 4.18 3.87 4.17 3.87 4.13 3.85 4.08 3.82 3.97 3.76
------------------------------------- -----------------------------------------------------------------------------------------
60 4.70 4.31 4.67 4.30 4.61 4.26 4.48 4.20 4.30 4.09
------------------------------------- -----------------------------------------------------------------------------------------
65 5.40 4.90 5.36 4.88 5.22 4.81 4.97 4.67 4.63 4.45
------------------------------------- -----------------------------------------------------------------------------------------
70 6.38 5.73 6.28 5.68 5.97 5.52 5.48 5.22 4.92 4.81
------------------------------------- -----------------------------------------------------------------------------------------
75 7.73 6.94 7.49 6.82 6.83 6.41 5.96 5.78 5.12 5.07
------------------------------------- -----------------------------------------------------------------------------------------
80 9.62 8.74 9.05 8.38 7.71 7.42 6.31 6.23 5.22 5.21
------------------------------------- -----------------------------------------------------------------------------------------
85 12.25 11.41 10.91 10.42 8.46 8.32 6.52 6.50 5.27 5.26
------------------------------------- -----------------------------------------------------------------------------------------
90 15.86 15.23 12.89 12.62 8.98 8.93 6.61 6.61 5.27 5.27
------------------------------------------------------------------------------------------------------------------------------------
</TABLE>
<TABLE>
<CAPTION>
OPTION C
JOINT AND SURVIVOR ANNUITY
(ASSUMED ELECTION OF JOINT AND TWO-THIRDS SURVIVOR)
----------------------------------------------------------------------------------------------------------------
ADJUSTED AGE ADJUSTED AGE OF FEMALE
OF MALE
55 60 65 70 75
----------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
----------------------------------------------------------------------------------------------------------------
55 3.83 4.03 4.25 4.49 4.75
----------------------------------------------------------------------------------------------------------------
60 4.01 4.25 4.52 4.82 5.14
----------------------------------------------------------------------------------------------------------------
65 4.20 4.49 4.82 5.19 5.60
----------------------------------------------------------------------------------------------------------------
70 4.41 4.74 5.14 5.60 6.14
----------------------------------------------------------------------------------------------------------------
75 4.61 4.99 5.46 6.03 6.71
----------------------------------------------------------------------------------------------------------------
</TABLE>
<TABLE>
<CAPTION>
OPTION D
PAYMENTS FOR A SPECIFIED PERIOD CERTAIN
------------------------------------------------------------------------------------------
YEARS AMOUNT YEARS AMOUNT YEARS AMOUNT
<S> <C> <C> <C> <C> <C>
10 9.39 17 6.00 24 4.60
11 8.64 18 5.73 25 4.46
12 8.02 19 5.49 26 4.34
13 7.49 20 5.27 27 4.22
14 7.03 21 5.08 28 4.12
RCH-IND-MVA-00-1 20
<PAGE>
<CAPTION>
<S> <C> <C> <C> <C> <C>
15 6.64 22 4.90 29 4.02
16 6.30 23 4.74 30 3.93
------------------------------------------------------------------------------------------
</TABLE>
RCH-IND-MVA-00-1 21
<PAGE>
OWNERSHIP PROVISIONS
EXERCISE OF CONTRACT RIGHTS
The Contract shall belong to the Owner and the Owner shall be entitled to
exercise all rights and privileges in connection with this Contract. In any
case, such rights and privileges can be exercised without the consent of the
Beneficiary (other than an irrevocable Beneficiary) or any other person. Such
rights and privileges may be exercised only during the lifetime of the Owner and
prior to the Annuity Commencement Date, except as otherwise provided in the
Contract.
The Annuitant becomes the Payee on and after the Annuity Commencement
Date. The Beneficiary becomes the Payee on the death of the Participant prior to
the Annuity Commencement Date, or on the death of the Annuitant after the
Annuity Commencement Date. Such Payees may thereafter exercise such rights and
privileges, if any, of ownership which continue.
DEATH OF OWNER
If an Owner under a Non-Qualified Contract dies prior to the Annuity
Commencement Date, that Owner's Account must be distributed to the "designated
Beneficiary" (as defined below) either (1) as a lump sum within five years after
the date of death of the Owner, or (2) as an annuity over some period not
greater than the life or expected life of the designated Beneficiary, with
annuity payment beginning within one year after the date of death of the Owner.
For this purpose (and for purposes of Section 72(s) of the Code), the person
named as the designated Beneficiary shall be considered the designated
Beneficiary, and if no person then living has been so named, then the Annuitant
shall automatically be the designated Beneficiary. If the designated Beneficiary
is the surviving spouse of the deceased Owner, the spouse can elect to continue
the Contract in the spouse's own name as Owner, in which case the mandatory
distribution requirements will apply on the spouse's death. As designated
Beneficiary, the surviving spouse may also choose to have the Account
distributed as an annuity over some period not greater than his or her life or
expected life, with annuity payments beginning within one year after the date of
death of the Owner.
If the Payee dies on or after the Annuity Commencement Date and before the
entire accumulation under such Accumulation Account has been distributed, the
remaining portion of such Accumulation Account, if any, must be distributed as
least as rapidly as the method of distribution then in effect.
In any case in which a non-natural person constitutes a holder of the
Contract for the purposes of Section 72(s) of the Code, (1) the distribution
requirements described above shall apply upon the death of any Annuitant, and
(2) a change in any Annuitant shall be treated as the death of such Annuitant.
In all cases, no Owner or Beneficiary shall be entitled to exercise any
rights that would adversely affect the treatment of the Contract as an annuity
Contract under the Code.
VOTING OF FUND SHARES
The Company will vote Fund shares held by the Sub-Accounts at meetings of
shareholders of the Funds or in connection with similar solicitations, but will
follow voting instructions received from persons having the right to give voting
instructions. The Owner is the person having the right to give voting
instructions prior to the Annuity Commencement Date. On or after the Annuity
Commencement Date the Payee is the person having such voting rights. Any shares
attributable to the Company and any Fund shares for which no timely voting
instructions have been received will be voted by the Company in the same
proportion as the shares for which instructions are received from persons have
such voting rights.
Neither the Variable Account nor the Company is under any duty to provide
information concerning the voting instruction rights of persons who may have
such rights under retirement or deferred compensation plans, other than rights
afforded by the Investment Company Act of 1940, nor do they have any duty to
inquire as to the instructions received or the authority of Owners, or others to
instruct on the voting of Fund shares. Except as the Variable Account or the
Company has actual knowledge to the contrary, the instructions given by Owners,
Payees will be valid as they affect the Variable Account, the Company and any
others having voting instruction rights with respect to the Variable Account.
RCH-IND-MVA-00-1 -22-
<PAGE>
All Fund proxy material, together with an appropriate form to be used to
give voting instructions, will be provided to each Owner and each Payee having
the right to give voting instructions at least ten days prior to each meeting of
the shareholders of the Fund. The number of particular Fund shares as to which
each such person Is entitled to give instructions will be determined by the
Company as of a date not more than 90 days prior to each such meeting. Prior to
the Annuity Commencement Date, the number of Fund shares as to which voting
instructions may be given to the Company is determined by dividing the value of
all the Variable Accumulation Units of the particular Sub-Account credited to
the Accumulation Account by the net asset value of one Fund share as of the same
date. On or after the Annuity Commencement Date, the number of Fund shares as to
which such instructions may be given by a Payee is determined by dividing the
reserve held by the Company in the particular Sub-Account with respect to the
particular Payee by the net asset value of a Fund share as of the same date.
PERIODIC REPORTS
During the Accumulation Period the Company will send to the Owner, at
least once during each Account Year, a statement showing the number, type and
value of Accumulation Units credited to the Accumulation Account and the fixed
accumulation value of such account, which statement shall be accurate as of a
date not more than two months previous to the date of mailing. In addition,
every person having voting rights will receive such reports or prospectuses
concerning the Variable Account and each Fund as may be required by the
Investment Company Act of 1940 and the Securities Act of 1933. The Company will
also send such statements reflecting transactions in the Accumulation Account as
may be required by applicable laws, rules and regulations.
DESIGNATION AND CHANGE OF BENEFICIARY
The Beneficiary designation contained in the Application, if any, will
remain in effect until changed.
Subject to the rights of an irrevocable Beneficiary, the designation of
Beneficiary may be changed or revoked. Any change or revocation must be filed
with the Company at its Annuity Service Mailing Address in such form as the
Company may require. The change or revocation will not be binding upon the
Company until it is received by the Company. When it is so received the change
or revocation will be effective as of the date on which the Beneficiary
designation or revocation was signed, but the change or revocation will be
without prejudice to the Company on account of any payment made or any action
taken by the Company before the Company receives and acknowledges the change or
revocation.
GENERAL PROVISIONS
AGE AND SEX MISSTATEMENT
If any date of birth or sex, or both, has been misstated in the
Application, if any, or elsewhere, the amounts payable pursuant to the Contract
under this Contract will be the amounts which would have been provided using the
correct age or sex, or both. Any deficiency in payments already made by the
Company shall be paid promptly and any excess in the payments already made by
the Company shall be charged against the benefits falling due after the
adjustment.
THIS CONTRACT
This Contract is issued in consideration of the Application, if any, and
payment of the initial Purchase Payment. All statements made in any Application
will be deemed representations and not warranties, and no statement will void
the Contract or be used in defense to a claim unless it is contained in such
Application, if any, or in a similar document, and a copy is attached to the
Contract at issue. Only the President, a Vice President, the Actuary or the
Secretary of the Company has authority to agree on behalf of the Company to any
alteration of the Contract or any Contract, or to any waiver of the rights or
requirements of the Company.
CURRENCY
All amounts due under the Contract are payable in U.S. dollars, lawful
money of the United States of America.
DETERMINATION OF VALUES
RCH-IND-MVA-00-1 -23-
<PAGE>
The method of determination by the Company of the Net Investment Factor
and the number and value of Accumulation Units and Annuity Units shall be
conclusive upon the Owner, any Payee and any Beneficiary.
GOVERNING LAW
The Contract will be governed by the laws of the jurisdiction where the
Contract Application is signed.
GUARANTEES
Subject to the Net Investment Factor provision, the Company guarantees
that the dollar amount of Variable Annuity payments made during the lifetime of
the Payee(s) will not be adversely affected by the actual mortality experience
of the Company or by the actual expenses incurred by the Company in excess of
the expense deductions provided for in the Contract and other Contracts
providing benefits which vary in accordance with the investment performance of
the Sub-Accounts.
INCONTESTABILITY
The Contract is incontestable, subject to the Age and Sex Misstatement,
Proof of Age and Proof of Survival provisions contained herein.
MODIFICATION
Upon notice to the Owner or the Payee(s) during the annuity period, this
Contract may be modified by the Company, but only if such modification (a) 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 or the Variable
Account is subject; or (b) is necessary to assure continued qualification of the
Contract under the Code or other federal or state laws relating to retirement
annuities or annuity Contracts; or (c) is necessary to reflect a change in the
operation of the Variable Account or the Sub-Accounts; (d) provides additional
Variable Account and/or Fixed Account options; or (e) as may otherwise be in the
best interests of Owners or Payees, as applicable. In the event of any such
modification, the Company may make appropriate endorsement in the Contract to
reflect such modification.
NONPARTICIPATING
The Contract is nonparticipating and will not share in any profits or
surplus earnings of the Company, and therefore, no dividends are payable.
PAYMENTS BY THE COMPANY
All sums payable by the Company pursuant to this Contract are payable only
at its Executive Office or such other place as may be designated by the Company.
The Company may require surrender of the Contract upon final payment of all sums
payable by the Company pursuant to the Contract.
PROOF OF AGE
The Company shall have the right to require evidence of the age of any
Payee under Annuity Options A, B, and C prior to the Annuity Commencement Date.
PROOF OF SURVIVAL
The Company shall have the right to require evidence of the survival of
any Payee under Annuity Options A, B and C at the time any payment payable to
such Payee is due.
SPLITTING UNITS
The Company reserves the right to split or combine the value of Variable
Accumulation Units, Annuity Units or any of them. In effecting any such change
of unit values, strict equity will be preserved and no change will have a
material effect on the benefits or other provisions of this Contract.
RCH-IND-MVA-00-1 -24-
<PAGE>
RIGHTS RESERVED BY THE COMPANY
The Company reserves the right, to the extent permitted by law, to: (1)
deregister the Variable Account under the Investment Company Act of 1940; (2)
combine any two or more Variable Accounts; (3) operate the Variable Account as a
management investment Company or any other form permitted by law; (4) substitute
shares of a Fund for shares of another investment Company if shares of such Fund
are not available, or if, in the Company's judgment, further investment in such
Fund's shares is no longer appropriate; (5) add or delete Funds, or series or
sub-series thereof, and corresponding Sub-Accounts; (6) add or remove Guarantee
Periods available at any time for election by an Owner; and (7) restrict or
eliminate any of the voting rights of Owners or other persons who have voting
rights as to the Variable Account.
RCH-IND-MVA-00-1 -25-
<PAGE>
Sun Life Assurance Company of Canada (U.S.)
A Wholly-Owned Subsidiary of Sun Life Assurance Company of Canada
Executive Office: Home Office:
ONE SUN LIFE EXECUTIVE PARK WILMINGTON, DELAWARE
WELLESLEY HILLS, MASSACHUSETTS 02481
Annuity Service Mailing Address:
SUN LIFE OF CANADA (U.S.)
RETIREMENT PRODUCTS AND SERVICES
P.O. BOX [ # ]
BOSTON, MASSACHUSETTS [ ZIP CODE ]
FLEXIBLE PAYMENT DEFERRED COMBINATION VARIABLE AND FIXED INDIVIDUAL ANNUITY
CONTRACT NONPARTICIPATING
ALL PAYMENTS AND VALUES PROVIDED BY THIS CONTRACT WHEN BASED ON THE INVESTMENT
EXPERIENCE OF THE VARIABLE ACCOUNT ARE VARIABLE AND ARE NOT GUARANTEED AS TO
DOLLAR AMOUNT.
PAYMENTS AND VALUES BASED ON THE FIXED ACCOUNT ARE SUBJECT TO A MARKET VALUE
ADJUSTMENT FORMULA, THE OPERATION OF WHICH MAY RESULT IN UPWARD AND DOWNWARD
ADJUSTMENTS IN AMOUNTS PAYABLE TO A OWNER, INCLUDING WITHDRAWALS, TRANSFERS AND
AMOUNTS APPLIED TO PURCHASE AN ANNUITY. PAYMENTS MADE FROM GUARANTEE AMOUNTS
WHICH ARE WITHIN 30 DAYS PRIOR TO THE END OF A GUARANTEE PERIOD OR THE
WITHDRAWAL OF INTEREST CREDITED TO GUARANTEE AMOUNTS DURING THE CURRENT ACCOUNT
YEAR ARE NOT SUBJECT TO THE MARKET VALUE ADJUSTMENT.
RCH-IND-MVA-00-1 -26-
