Registration No. 2-30070
Registration No. 811-1705
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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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FORM N-4
REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 | |
Pre-Effective Amendment No. | |
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|X|
Post-Effective Amendment No. 59
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AND/OR
REGISTRATION STATEMENT UNDER THE INVESTMENT COMPANY ACT OF 1940 | |
|X|
Amendment No. 61
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(Check appropriate box or boxes)
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SEPARATE ACCOUNT A
of
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
(Exact Name of Registrant)
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THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
(Name of Depositor)
1290 Avenue of the Americas, New York, New York 10104
(Address of Depositor's Principal Executive Offices)
Depositor's Telephone Number, including Area Code: (212) 554-1234
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ANTHONY A. DREYSPOOL
VICE PRESIDENT AND ASSOCIATE GENERAL COUNSEL
The Equitable Life Assurance Society of the United States
1290 Avenue of the Americas, New York, New York 10104
(Names and Addresses of Agents for Service)
--------------------------------
Please send copies of all communications to:
PETER E. PANARITES
Freedman, Levy, Kroll & Simonds
1050 Connecticut Avenue, N.W., Suite 825
Washington, D.C. 20036
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<PAGE>
Approximate Date of Proposed Public Offering: Continuous
It is proposed that this filing will become effective (check
appropriate box):
| | Immediately upon filing pursuant to paragraph (b) of Rule 485.
|X| On May 1, 1997 pursuant to paragraph (b) of Rule 485.
| | 60 days after filing pursuant to paragraph (a)(1) of Rule 485.
| | On (date) pursuant to paragraph (a)(1) of Rule 485.
| | 75 days after filing pursuant to paragraph (a)(2) of Rule 485.
| | On (date) pursuant to paragraph (a)(3) of Rule 485.
If appropriate, check the following box:
| | This post-effective amendment designates a new effective date for
previously filed post-effective amendment.
---------------------------------
The Registrant has registered an indefinite number of securities under
the Securities Act of 1933 pursuant to Rule 24f-2.
The Rule 24f-2 Notice of the Registrant for fiscal year 1996 was filed
on February 27, 1997.
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CROSS REFERENCE SHEET
SHOWING LOCATION OF INFORMATION IN PROSPECTUS
---------------------------------------------
<TABLE>
<CAPTION>
FORM N-4 ITEM PROSPECTUS CAPTION
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<S> <C> <C>
1. Cover Page Cover Page
2. Definitions General Terms
3. Synopsis Part 1: Summary
4. Condensed Financial Part 6: Provisions of the
Information Contracts - Annuity Account Value
5. General Description of Part 1: Summary, Part 3:
Registrant, Depositor and Separate Account A
Portfolio Companies and its Investment Funds
6. Deductions and Expenses Part 7: Deductions and Charges
7. General Description of Part 6: Provisions of the
Variable Annuity Contracts Contracts
8. Annuity Period Part 6: Provisions of the Contracts
9. Death Benefit Part 6: Provisions of the Contracts
- Guaranteed Death Benefit, - Your
Beneficiary
10. Purchases and Contract Value Part 3: Investment Performance,
Part 6: Provisions of the Contracts
11. Redemptions Part 6: Provisions of the Contracts
- Distribution Options, Part 7:
Deductions and Charges - Contingent
Withdrawal Charge
12. Taxes Part 9: Tax Aspects of the Contracts
13. Legal Proceedings Not Applicable
14. Table of Contents of the Statement of Additional
Statement of Additional Information Table of
Information Contents
</TABLE>
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CROSS REFERENCE SHEET
SHOWING LOCATION OF INFORMATION
IN STATEMENT OF ADDITIONAL INFORMATION
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<TABLE>
<CAPTION>
FORM N-4 ITEM PROSPECTUS CAPTION
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<S> <C> <C>
15. Cover Page Cover Page
16. Table of Contents Table of Contents
17. General Information Prospectus - Part 1: Summary
and History
18. Services Not Applicable
19. Purchases of Securities Prospectus - Part 6: Provisions
Being Offered of the Contracts - Distribution of
These and Other Contracts
20. Underwriters Prospectus - Part 6: Provisions
of the Contracts - Distribution of
These and Other Contracts
21. Calculation of Performance Part 4: Accumulation
Data Unit Values, Part 5: Annuity Unit
Values, Part 7: Money Market Fund
Yield Information, Part 9: Other
Yield Information
22. Annuity Payments Part 5: Annuity Unit Values
23. Financial Statements Part 10: Financial Statements
</TABLE>
C-iii
<PAGE>
THE EQUITABLE ASSURANCE SOCIETY OF THE UNITED STATES
SUPPLEMENT DATED MAY 1, 1997
TO
EQUI-VEST(R) PROSPECTUS
DATED MAY 1, 1997
This Supplement modifies certain information in the prospectus dated May 1,
1997 for EQUI-VEST group and individual deferred variable annuity contracts
offered by Equitable Life. Capitalized terms in this Supplement have the same
meanings as in the prospectus.
In addition to other options described in "Distribution Options" under Part
6 of the prospectus, the following distribution options may be available to
participants in certain public employee deferred compensation plans in the State
of Iowa. If such plans permit the use of such options, your Employer may select
one of the following options upon receipt of your irrevocable election to
receive payments in such form:
1. MINIMUM DISTRIBUTION OPTION
Beginning in the year that you are required to begin minimum distribution
payments under the Code and applicable U.S. Treasury regulations and each year
thereafter, we will make annual payments to you subject to the rules of the Code
and to our administrative rules then in effect. The amount of each payment will
be calculated as described in this item 1.
Each year, we will calculate an annual amount equal to the minimum
distribution required under Section 401(a)(9) of the Code and applicable
Treasury regulations. The minimum distribution for each such year will be
determined by dividing (a) your Annuity Account Value as of December 31 of the
previous year, by (b) a life expectancy factor described below.
As you may elect under the terms of your Employer's plan, the life
expectancy factor is either a single life expectancy factor (based on your life
expectancy) or a joint life expectancy factor (based on the joint lives of you
and your spouse). Either such factor will be determined based on tables
contained in Section 401(a)(9) of the Code or applicable Treasury regulations.
If the joint life expectancy factor is elected, your designated beneficiary
for minimum distribution purposes must be your spouse, unless the naming of a
non-spouse beneficiary is permitted pursuant to our rules in effect at the time
a beneficiary is named (such naming is not permitted at this date).
Life expectancy factors will be recalculated each year, unless (a) you elect
not to recalculate or (b) the beneficiary is not your spouse. If life expectancy
is not recalculated, then each life expectancy factor is based on the
calculation for the calendar year in which you (and the beneficiary, if joint
life expectancy applies) begin receiving minimum distributions reduced by one
for each subsequent calendar year.
The election of the life expectancy factor to be used and whether
recalculation is to apply will be irrevocable.
The calculation procedure may be changed as necessary in our sole discretion
to comply with the minimum distribution rules under Section 401(a)(9) of the
Code and applicable Treasury regulations.
2. COMBINATION OF SYSTEMATIC WITHDRAWAL AND MINIMUM DISTRIBUTION OPTION
Beginning on the date of the first payment of your plan benefits, if we are
directed by your Employer under the terms of the Employer's plan, we will make
systematic withdrawal payments to you as follows at the frequency you have
elected (annually, quarterly or monthly), subject to our administrative rules
then in effect. The systematic withdrawal option described in "Distribution
Options" under Part 6 of the prospectus will be in combination with the Minimum
Distribution Option as described below.
Prior to the year that minimum distributions are required to start, we will
pay the amount of each systematic withdrawal payment of the type you have
selected. Based on your elections regarding your beneficiary and recalculations
of life expectancy as described in item 1 above, we will calculate annually the
required imputed minimum distribution amount and determine whether an additional
payment to you is required. The calculation of such imputed minimum distribution
amount will be made on a basis consistent with the required minimum distribution
rules described in item 1 above, using the tables contained in Section 401(a)(9)
of the Code and applicable Treasury
<PAGE>
regulations. Beginning with the year that minimum distributions are required to
start, we will calculate annually the required minimum distribution and
determine whether an additional payment to you is required. If required, an
imputed minimum distribution payment or a required minimum distribution payment,
as applicable, will be made in addition to the systematic withdrawal payments.
If at any time after you have made the irrevocable election under your
Employer's plan as described above, the Internal Revenue Service disallows the
basis for calculating the payments as described in this item 2, we will have the
right, in our sole discretion, to change the basis for calculating the payments
as we deem necessary in order to meet the requirements of the Code and
applicable Treasury regulations.
FOR USE ONLY WITH PEDC CONTRACTS
IN THE STATE OF IOWA
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THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SUPPLEMENT DATED MAY 1, 1997
TO
EQUI-VEST(R) PROSPECTUS
DATED MAY 1, 1997
For Employees of Allegheny County, Pennsylvania
This Supplement modifies certain information contained in the prospectus dated
May 1, 1997 ("Prospectus") as it relates to the Series 200 EDC Contracts offered
by The Equitable Life Assurance Society of the United States ("Equitable Life").
The Series 200 EDC Contracts, modified as described below (the "Modified EDC
Contracts"), are offered to employees of Allegheny County, Pennsylvania, on the
basis described in the Prospectus, except that the Contingent Withdrawal Charge
and Annual Administrative Charge applicable to the Modified EDC Contracts will
be as follows:
o Contingent Withdrawal Charge. The Contingent Withdrawal Charge ("CWC")
schedule for the Modified EDC Contract is as follows:
Contract Year(s) CWC
---------------- ---
1 6%
2 5
3 4
4 3
5 2
6+ 0
This table replaces the table on page 58 of the Prospectus.
No CWC will apply in the event of the:
-- Death
-- Disability
-- Separation from service from Allegheny County
-- Retirement
of the participant.
The Annual Administrative Charge is waived. The discussion under "Annual
Administrative Charge," beginning at page 57 of the Prospectus is, therefore,
not applicable.
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SUPPLEMENT DATED MAY 1, 1997
TO
EQUI-VEST(R) PROSPECTUS
DATED MAY 1, 1997
This supplement modifies certain information in the prospectus dated May 1, 1997
(the "Prospectus") for EQUI-VEST group and individual deferred variable annuity
contracts offered by Equitable Life. Equitable Life will offer its EQUI-VEST
Series 200 TSA contracts modified with Rider 95MDHOSP (the "Modified TSA
Contract") only to employees (age 75 and below) of hospitals and non-profit
healthcare organizations doing business in Maryland. This Supplement describes
the material differences between the Modified TSA Contract and the EQUI-VEST
Series 200 TSA contract described in the Prospectus. Capitalized terms in this
Supplement have the same meaning as in the Prospectus.
Material differences between the Modified TSA Contract and the TSA provisions
described in the EQUI-VEST Prospectus include the following:
o CONTINGENT WITHDRAWAL CHARGE. The Contingent Withdrawal Charge schedule
for the Modified TSA Contract is as follows:
CONTINGENT WITHDRAWAL CHARGES
-----------------------------
CONTRACT YEAR(S) CHARGE
---------------- ------
1 6%
2 5
3 4
4 3
5 2
6+ 0
This table replaces the EQUI-VEST Series 200 Contingent Withdrawal
Charge table "Deductions and Charges" in Part 7 of the Prospectus.
o No contingent withdrawal charge will apply to funds transferred on or
after January 18, 1996 into the Modified TSA Contract from another tax
sheltered annuity contract qualified under Section 403(b) of the Code
and issued by an insurance company other than Equitable Life.
o LOANS. Loans will be available under the Modified TSA Contract when the
TSA plan is subject to the Employee Retirement Income Security Act of
1974 (ERISA). Only one outstanding loan will be permitted at any time.
There is a minimum loan amount of $1,000 and a maximum loan amount
which varies depending on the participant's Annuity Account Value but
may never exceed $50,000. For more complete details and rules on Loans
see "Loans (for TSA and Corporate Trusteed Only)" in Part 6 of the
Prospectus, "Certain Rules Applicable to Plan Loans" in Part 9 and
"Part 1: Additional Loan Provisions" in the Statement of Additional
Information.
o In addition, under the Modified TSA Contract we will determine the loan
interest rate, unless the TSA's plan administrator chooses to do so. If
we set the rate, it will be equal to the Prime Rate (the base rate on
corporate loans posted by at least 75% of the nation's 30 largest
banks) as published in the Wall Street Journal on the first Monday of
the last month of the calendar quarter prior to the effective date of
the loan, plus one percentage point (1.00%).
o EXCEPTIONS TO THE CONTINGENT WITHDRAWAL CHARGE. For the modified TSA
Contract, the "How the Contingent Withdrawal Charge is Applied for
Series 100 and 200 IRA, SEP, SIMPLE IRA, TSA, EDC and Annuitant-Owned
HR-10 Contracts" Section in "Part 7: Deductions and Charges" has been
revised as follows:
No charge will be applied to any amount withdrawn from the TSA Contract
if:
-- the Annuitant has separated from service, or
-- the Annuitant makes a withdrawal that qualifies as a hardship
withdrawal under the Plan and the Code, or
-- the Annuitant makes a withdrawal at any time if he qualifies to
receive Social Security disability benefits as certified by the
Social Security Administration or any successor agency.
o ANNUAL ADMINISTRATIVE CHARGE. No annual administrative charge will be
charged to participants in the Modified TSA Contract.
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888-1116
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THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
EQUI-VEST(R) SUPPLEMENT,
DATED MAY 1, 1997,
TO
EQUI-VEST(R) AND MOMENTUM PROSPECTUS
DATED MAY 1, 1996
This Supplement (SUPPLEMENT) adds and modifies certain information in the
EQUI-VEST and MOMENTUM PERSONAL RETIREMENT PROGRAMS AND EMPLOYER SPONSORED
RETIREMENT PROGRAMS, prospectus dated May 1, 1996 (PROSPECTUS) for EQUI-VEST
annuities, group and individual deferred variable annuity contracts (CONTRACTS)
offered by The Equitable Life Assurance Society of the United States (EQUITABLE
LIFE).
This Supplement provides information about EQUI-VEST that prospective investors
should know before investing. You should read it carefully and retain it for
future reference. The Supplement is not valid unless it is attached to current
prospectuses for HRT and EQAT, which you should also read carefully. The HRT and
EQAT prospectuses are attached to this Supplement. Capitalized terms in this
Supplement have the same meanings as in the Prospectus, unless the content
indicates otherwise.
THIS SUPPLEMENT IS DESIGNED FOR CONTRACT OWNERS AND CERTIFICATE OWNERS UNDER
EQUI-VEST CONTRACTS ISSUED PRIOR TO MAY 1, 1997. If you have misplaced your
prospectus, you may obtain an additional copy, free of charge by writing to us
at P.O. Box 2996, New York, NY 10116-2996, or by calling us toll-free at
1-800-628-6673.
As of May 1, 1997, for new Contract offerings, the EQUI-VEST portion of the
Prospectus has been separated from the MOMENTUM portion of the prospectus.
MOMENTUM, an Equitable Life deferred variable group annuity program, is
available only to certain categories of trusteed employer-sponsored defined
contribution plans. The separation does not change the terms or conditions for
either program.
The names of the HRT Funds have been changed to include the "Alliance" name.
Some notices and reports you receive may continue to use the old name (without
"Alliance") for a brief period of time.
THE FIFTH PARAGRAPH, THE CHART AND THE SIXTH PARAGRAPH ON THE COVER PAGE ARE
DELETED AND REPLACED BY THE FOLLOWING:
EQUI-VEST offers the investment options (INVESTMENT OPTIONS) listed below. These
Investment Options include the Guaranteed Interest Account, which is part of
Equitable Life's general account and pays interest at guaranteed fixed rates,
twenty-four variable investment funds (INVESTMENT FUNDS) of Separate Account A
(SEPARATE ACCOUNT), and ten Fixed Maturity Periods (FIXED MATURITY PERIODS) in
the Fixed Maturity Account (in states where approved).
<TABLE>
<CAPTION>
INVESTMENT FUNDS
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<S> <C> <C>
o Alliance Money Market o Alliance Small Cap Growth o EQ/ Putnam Balanced
o Alliance Intermediate Government Alliance Asset Allocation Series: o MFS Research
Securities o Alliance Conservative Investors o MFS Emerging Growth Companies
o Alliance High Yield o Alliance Balanced o Morgan Stanley Emerging Markets Equity
o Alliance Quality Bond o Alliance Growth Investors o Warburg Pincus Small Company Value
o Alliance Growth & Income o T. Rowe Price International Stock o Merrill Lynch World Strategy
o Alliance Equity Index o T. Rowe Price Equity Income o Merrill Lynch Basic Value Equity
o Alliance Common Stock o EQ/Putnam Growth & Income Value
o Alliance Global
o Alliance International
o Alliance Aggressive Stock
</TABLE>
OTHER INVESTMENT OPTIONS
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o Guaranteed Interest Account
o Fixed Maturity Account:
A choice of ten Fixed
Maturity Periods with
expiration dates 1998
through 2007
We invest each Investment Fund in shares of a corresponding portfolio
(PORTFOLIO) of either Class IA shares of the Hudson River Trust (HRT) or in
Class IB shares of The EQ Advisors Trust (EQAT), two mutual funds whose shares
are purchased by the separate accounts of insurance companies. The prospectuses
for HRT (in which the "Alliance" Investment Funds invest) and EQAT (in which the
other Investment Funds invest), directly following this Supplement, describe the
investment objectives, policies and risks of the Portfolios. Investment Funds
relating to EQAT and the Alliance Small Cap Growth Fund will be available in
early June 1997, except for the Morgan Stanley Emerging Markets Equity Fund
which will be available on or about September 2, 1997.
Copyright 1997 The Equitable Life Assurance Society of the United States.
All rights reserved.
888-1125
<PAGE>
ON PAGE 2, THE INFORMATION UNDER THE HEADING "INCORPORATION OF CERTAIN DOCUMENTS
BY REFERENCE" IS DELETED AND REPLACED BY THE FOLLOWING:
Equitable Life's Annual Report on Form 10-K for the year ended December 31, 1996
is incorporated herein by reference.
All documents or reports filed by Equitable Life pursuant to Section 13(a),
13(c), 14 or 15(d) of the Securities Exchange Act of 1934 (EXCHANGE ACT) after
the date hereof and prior to the termination of the offering of the securities
offered hereby shall be deemed to be incorporated by reference in this
prospectus and to be a part hereof from the date of filing of such documents.
Any statement contained in a document incorporated or deemed to be incorporated
herein by reference shall be deemed to be modified or superseded for purposes of
this prospectus to the extent that a statement contained herein or in any other
subsequently filed document which also is or is deemed to be incorporated by
reference herein modifies or supersedes such statement. Any such statement so
modified or superseded shall not be deemed, except as so modified and
superseded, to constitute a part of this prospectus. Equitable Life files its
Exchange Act documents and reports, including its annual and quarterly reports
on Form 10-K and Form 10-Q, electronically pursuant to EDGAR under CIK No.
0000727920. The SEC maintains a web site that contains reports, proxy and
information statements and other information regarding registrants that file
electronically with the SEC. The address of the site is http://www.sec.gov.
Equitable Life will provide without charge to each person to whom this
prospectus is delivered, upon the written or oral request of such person, a copy
of any or all of the foregoing documents incorporated herein by reference (other
than exhibits not specifically incorporated by reference into the text of such
documents). Requests for such documents should be directed to The Equitable Life
Assurance Society of the United States, 1290 Avenue of the Americas, New York,
New York 10104. Attention: Corporate Secretary (telephone: (212) 554-1234).
ON PAGES 6 THROUGH 8, THE FOLLOWING DEFINITIONS UNDER THE HEADING "GENERAL
TERMS" ARE MODIFIED BY THE FOLLOWING:
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EQAT--The EQ Advisors Trust, a mutual fund in which some of the assets of
Separate Account A are invested.
HRT--The Hudson River Trust, a mutual fund in which some of the assets of
Separate Account A are invested.
INVESTMENT FUNDS--In some EQUI-VEST Contracts, the Investment Funds are referred
to as Investment Divisions. These are the twenty-four variable investment funds
of Separate Account A. Throughout this prospectus, we will use the term
"Investment Funds" to refer to both Investment Funds and Investment Divisions.
INVESTMENT OPTIONS--The choices for investment of contributions: the twenty-four
Investment Funds, the Guaranteed Interest Account, each available Fixed Maturity
Period within the Fixed Maturity Account.
MAXIMUM FUND CHOICE--One of two methods for selecting Investment Options -- This
election will result in restrictions on the amount transferable out of the
Guaranteed Interest Account, but will allow the Contract Owner to allocate
contributions to any Investment Fund, the Guaranteed Interest Account and (for
Owners of Series 400 IRA, QP IRA and NQ Contracts only, subject to state
approval) the Fixed Maturity Account.
MAXIMUM TRANSFER FLEXIBILITY--One of two methods for selecting Investment
Options--this election allows the Contract Owner to allocate contributions to
certain HRT and EQAT Investment Options and to the Guaranteed Interest Account,
with no transfer restrictions on the amount transferable out of the Guaranteed
Interest Account.
ORIGINAL CONTRACTS / CERTIFICATES--EQUI-VEST Contracts under which the EQUI-VEST
Contract Owner has not elected to add Investment Options other than the
Guaranteed Interest Account and the Alliance Money Market, Alliance Balanced,
Alliance Common Stock and Alliance Aggressive Stock Funds. These Contracts
prohibit transfers into the Money Market Fund.
PORTFOLIOS--The portfolios of EQAT or HRT that correspond to the Investment
Funds of the Separate Account.
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<PAGE>
TRUSTS--The Hudson River Trust (HRT) and EQ Advisors Trust (EQAT) collectively.
ON PAGE 8, THE INFORMATION UNDER THE HEADING "EQUITABLE LIFE" IS DELETED AND
REPLACED BY THE FOLLOWING:
EQUITABLE LIFE is a New York stock life insurance company that has been in
business since 1859. For more than 100 years we have been among the largest life
insurance companies in the United States. Equitable Life has been selling
annuities since the turn of the century. Our Home Office is located at 1290
Avenue of the Americas, New York, New York 10104. We are authorized to sell life
insurance and annuities in all fifty states, the District of Columbia, Puerto
Rico and the Virgin Islands. We maintain local offices throughout the United
States.
Equitable Life is a wholly owned subsidiary of The Equitable Companies
Incorporated (the "Holding Company"). The largest shareholder of the Holding
Company is AXA-UAP (AXA), a French company. As of January 1, 1997, AXA
beneficially owned 63.8% of the outstanding common stock of the Holding Company
(assuming conversion of the convertible preferred stock held by AXA). Under its
investment arrangements with Equitable Life and the Holding Company, AXA is able
to exercise significant influence over the operations and capital structure of
the Holding Company and its subsidiaries, including Equitable Life. AXA is the
holding company for an international group of insurance and related financial
service companies.
Equitable Life, the Holding Company and their subsidiaries managed approximately
$239.8 billion of assets as of December 31, 1996, including third party assets
of approximately $184.8 billion. We are one of the nation's leading pension fund
managers. These assets are primarily managed for retirement and annuity programs
for businesses, tax-exempt organizations and individuals. This broad customer
base includes nearly half of the Fortune 100 companies, more than 42,000 small
businesses, state and local retirement funds in more than half of the 50 states,
approximately 250,000 employees of educational and nonprofit institutions, as
well as nearly 500,000 other individuals. Millions of Americans are covered by
Equitable Life's annuity, life and pension contracts.
ON PAGE 8, THE FOLLOWING MATERIAL IS ADDED AS THE FIRST PARAGRAPH:
o SIMPLE IRA
An IRA Contract used to fund a savings incentive match plan (SIMPLE IRA)
sponsored by any type of employer. Contributions are made under a salary
reduction program which permits an employer to reduce an employee's
compensation for the purpose of the employee's making contributions to the
plan. The employer must also make either matching or nonelective
contributions to the plan with respect to the employee's account. Each
individual employee covered by the SIMPLE IRA is the Contract Owner of the
IRA set up on his or her behalf and must also be the Annuitant.
ON PAGE 8, THE INFORMATION UNDER THE BULLETED HEADING "UNINCORPORATED TRUSTEED"
IS DELETED AND REPLACED BY THE FOLLOWING:
o UNINCORPORATED AND CORPORATE TRUSTEED
Unincorporated Trustee-owned Contracts used to fund qualified defined
contribution plans of employers who are sole proprietorships, partnerships,
or business trusts. These plans are known as "HR-10" or "Keogh" plans.
Corporate Trusteed Contracts fund retirement plans of incorporated
employers. Such Corporate Trusteed Contracts are
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<PAGE>
no longer offered for sale by Equitable to new employers. In addition,
contributions are made by the employer for the benefit of employees who
become Annuitants under the Contract. We do not act as trustee for these
plans, so the employer must select a trustee.
ON PAGE 9, THE INFORMATION UNDER THE BULLETED HEADING "EDC" IS DELETED AND
REPLACED BY THE FOLLOWING:
Contracts used to fund Code Section 457 Employee Deferred Compensation
(EDC) plans of state and municipal governments and other tax-exempt
organizations. Contributions are made by the employer on behalf of the
employee generally pursuant to a salary reduction agreement. The employer
or a trust is the Contract Owner but the employee is the Annuitant. The EDC
program currently is not available for state or municipal government plans
in Texas.
ON PAGE 9, THE INFORMATION UNDER THE BULLETED HEADING "PAYROLL DEDUCTION IRA AND
NQ" IS DELETED AND REPLACED BY THE FOLLOWING:
The employer merely sets up a payroll deduction program which assists in
remitting the employees own contributions to the Contract. The employer
does not sponsor any plan.
ON PAGE 9, THE INFORMATION IN THE FIRST AND THIRD PARAGRAPHS UNDER THE FOURTH
BULLETED PARAGRAPH ARE DELETED AND REPLACED BY THE FOLLOWING:
In the past, EQUI-VEST was available to fund HR-10 (Keogh) plans where the
Contracts were owned by the Annuitants themselves (Annuitant-Owned HR-10),
rather than by a trustee. Although we still issue such Annuitant-Owned HR-10
Contracts to employees whose employer's plans are enrolled on this basis, plans
of this type are no longer available under EQUI-VEST to new employer groups.
Only NQ and Trusteed Contracts may be sold in Puerto Rico, and the tax aspects
described in this prospectus may differ. Please consult your tax advisor.
ON PAGE 9, THE INFORMATION UNDER THE HEADING "INVESTMENT OPTIONS" IS DELETED AND
REPLACED BY THE FOLLOWING:
The following Investment Options are offered: The Guaranteed Interest Account,
and 24 variable Investment Funds listed earlier and described in greater detail
in Parts 2 and 3. Each Investment Fund invests in shares of a corresponding
Portfolio of either the HRT (Class IA) or the EQAT (Class IB), respectively. The
attached HRT and EQAT prospectuses describe the investment objectives and
policies of the Portfolios available to Contract Owners. Also subject to state
regulatory approval, our Fixed Maturity Account with its choice of ten Fixed
Maturity Periods is available under Series 400 IRA, QP IRA, and NQ Contracts.
If an employer's plan is intended to comply with the requirements of ERISA
Section 404(c), the Employer or the Plan Trustee is responsible for making sure
that the Investment Options chosen constitute a broad range of investment
choices as required by the Department of Labor's (DOL) regulation under ERISA
Section 404(c). See "Certain Rules Applicable to Plans Designed to Comply with
Section 404(c) of ERISA" in Part 10. Educational information about investing
which may be useful for Participants is contained in "Part 13: Key Factors in
Retirement Planning" in the SAI. The SAI is available free of charge by calling
1-800-628-6673.
ON PAGE 11, THE INFORMATION IN THE SECOND PARAGRAPH IS DELETED AND REPLACED BY
THE FOLLOWING:
A toll-free number is available, and local TOPS telephone numbers will be
provided. TOPS is normally available daily, 24 hours a day. However, Equitable
will not be responsible for the unavailability of the system for any reason.
Transfers made after 4:00 p.m. Eastern Time on a Business Day or on a
non-Business Day are not effective until the following Business Day.
ON PAGE 13, THE INFORMATION UNDER THE HEADING "LOANS" IS DELETED AND REPLACED BY
THE FOLLOWING:
Certain EQUI-VEST Contracts permit loans without incurring a contingent
withdrawal charge (except in the event of a default). Such loans are
administered in accordance with current or proposed regulations, as we deem
appropriate. See "Loans (for TSA and Corporate Trusteed only)" in Part 6 for
more information.
ON PAGE 13, THE INFORMATION UNDER THE BULLETED HEADING "CHARGES FOR STATE
PREMIUM AND OTHER APPLICABLE TAXES" IS DELETED AND REPLACED BY THE FOLLOWING:
o CHARGES FOR STATE PREMIUM AND OTHER APPLICABLE TAXES--Generally, charges
for state premium taxes and other applicable taxes, if any, are deducted
when an annuity payment option is elected. The current tax charge that
might be imposed varies by state and ranges from 0% to 2.25%; however, the
rate is 1% in Puerto Rico and 5% in the Virgin Islands.
5
<PAGE>
ON PAGE 14, THE FIRST AND SECOND PARAGRAPHS UNDER THE HEADING "DEFERRED VARIABLE
ANNUITIES" ARE DELETED AND REPLACED BY THE FOLLOWING:
EQUI-VEST is a series of deferred variable annuity contracts. Deferred variable
annuities are designed for retirement savings and long-range financial planning.
Contributions are allowed to accumulate on a Federal income tax-deferred basis
and at a future date you can receive a stream of periodic payments. Tax deferral
is one of the advantages of an annuity over many other kinds of investments. In
addition, annuities offer individuals the opportunity to receive an assured
stream of payments for life. All future payments or withdrawals are taxable when
received, of course.
Under Federal tax law, an individual, employer or trustee may, subject to
various limits, purchase an annuity to fund a tax-favored retirement program,
such as an IRA or qualified retirement plan. In many cases, the individual or
employer makes contributions to the tax-favored retirement program with pre-tax
dollars. Alternatively, annuities may be purchased with after-tax dollars by
individuals who wish to create additional retirement savings. Early withdrawals
may be subject to a tax penalty and/or a contingent withdrawal charge.
6
<PAGE>
ON PAGES 15 THROUGH 23, THE INFORMATION UNDER THE HEADING "FEE TABLES AND
EXAMPLES" IS DELETED AND REPLACED BY THE FOLLOWING:
- --------------------------------------------------------------------------------
The EQUI-VEST Contracts may differ in terms of the fees that are charged. One of
the following Tables will apply to you. These Tables, and the related Examples,
will assist you in understanding the various costs and expenses under your
EQUI-VEST Contract so that you may compare them with other products. Except as
described in Notes 5 and 7 below, the Tables reflect expenses of both the
Separate Account and the applicable Trust for the year ended December 31, 1996.
As explained in Parts 4 and 5, the Guaranteed Interest Account and the Fixed
Maturity Account are not a part of the Separate Account and are not covered by
the following Tables and Examples. The only expenses shown in the Tables which
apply to the Guaranteed Interest Account and the Fixed Maturity Account are the
Contingent Withdrawal Charge, the Annual Administrative Charge and the Third
Party Transfer or Exchange Fee, if applicable. Also see "Income Annuity
Distribution Options" in Part 6 for the description of an administrative charge
which may apply when you annuitize.
Certain expenses and fees shown in these Tables may not apply to you. To
determine whether a particular item in a Table applies (and the actual amount,
if any) consult the section of the prospectus for your EQUI-VEST Contract series
indicated in the notes to the Table. For a description of the different
EQUI-VEST Series, see "Part 6: The EQUI-VEST Contract Series." A charge for
applicable state or local taxes may be deducted from contributions in some
states. See "Charges for State Premium and Other Applicable Taxes" in Part 8.
TABLE 1: EQUI-VEST SERIES 100
Description of Expenses
- --------------------------
CONTRACT OWNER TRANSACTION EXPENSES
SALES LOAD ON PURCHASES......................... NONE
MAXIMUM CONTINGENT WITHDRAWAL CHARGE (1) ....... 6%
MAXIMUM ANNUAL ADMINISTRATIVE CHARGE (2) ....... $30
<TABLE>
<CAPTION>
ALLIANCE
ALLIANCE INTERMEDIATE ALLIANCE ALLIANCE ALLIANCE
MONEY GOVERNMENT QUALITY ALLIANCE GROWTH EQUITY
MARKET SECURITIES BOND HIGH YIELD & INCOME INDEX
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND HRT
ANNUAL EXPENSES (3) 1.75% N/A N/A N/A N/A N/A
Separate Account Annual Expenses (4)
Mortality and Expense Risk Fees .65% .50% .50% .50% .50% .50%
Other Expenses .84% .84% .84% .84% .84% .84%
- ------------------------------------------------------------------------------------------------------------------------------------
Total Separate Account Annual
Expenses 1.49% (3) 1.34% 1.34% 1.34% 1.34% 1.34%
HRT Annual Expenses (4)
Investment Advisory Fees 0.35% 0.50% 0.53% 0.60% 0.55% 0.33%
Other Expenses 0.04% 0.09% 0.05% 0.06% 0.05% 0.05%
- ------------------------------------------------------------------------------------------------------------------------------------
Total HRT Annual Expenses (5)(6) 0.39% (3) 0.59% 0.58% 0.66% 0.60% 0.38%
</TABLE>
<TABLE>
<CAPTION>
ALLIANCE ALLIANCE
ALLIANCE ALLIANCE ALLIANCE SMALL CONSER- ALLIANCE
COMMON ALLIANCE INTER- AGGRESSIVE CAP VATIVE ALLIANCE GROWTH
STOCK GLOBAL NATIONAL STOCK GROWTH INVESTORS BALANCED INVESTORS
- -----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
MAXIMUM SEPARATE
ACCOUNT AND HRT
ANNUAL EXPENSES (3) 1.75% N/A N/A 1.75% N/A N/A 1.75% N/A
Separate Account Annual
Expenses (4)
Mortality and Expense
Risk Fees .65% .50% .50% .50% .50% .50% .65% .50%
Other Expenses .84% .84% .84% .84% .84% .84% .84% .84%
- -----------------------------------------------------------------------------------------------------------------------------------
Total Separate Account
Annual Expenses 1.49% (3) 1.34% 1.34% 1.34% (3) 1.34% 1.34% 1.49% (3) 1.34%
HRT Annual Expenses (4)
Investment Advisory Fees 0.38% 0.65% 0.90% 0.55% 0.90% 0.48% 0.42% 0.53%
Other Expenses 0.03% 0.08% 0.18% 0.03% 0.10% 0.07% 0.05% 0.06%
- -----------------------------------------------------------------------------------------------------------------------------------
Total HRT Annual
Expenses (5)(6) 0.41% (3) 0.73% 1.08% 0.58% (3) 1.00% 0.55% 0.47% (3) 0.59%
</TABLE>
7
<PAGE>
<TABLE>
<CAPTION>
TABLE 1: EQUI-VEST SERIES 100 (CONTINUED)
T. ROWE PRICE T. ROWE PRICE EQ/PUTNAM GROWTH & EQ/ PUTNAM
INTERNATIONAL STOCK EQUITY INCOME INCOME VALUE BALANCED MFS RESEARCH
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND
EQAT ANNUAL EXPENSES N/A N/A N/A N/A N/A
Separate Account Annual Expenses
Mortality and Expense Risk Fees .50% .50% .50% .50% .50%
Other Expenses .84% .84% .84% .84% .84%
- ------------------------------------------------------------------------------------------------------------------------------------
Total Separate Account
Annual Expenses 1.34% 1.34% 1.34% 1.34% 1.34%
EQAT ANNUAL EXPENSES
Maximum Investment Advisory Fee .75% .55% .55% .55% .55%
Rule 12b-1 Fee .25% .25% .25% .25% .25%
Other Expenses (8) .20% .05% .05% .10% .05%
- ------------------------------------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (7) 1.20% .85% .85% .90% .85%
</TABLE>
<TABLE>
<CAPTION>
MFS EMERGING MORGAN STANLEY WARBURG PINCUS MERRILL LYNCH MERRILL LYNCH
GROWTH COMPANIES EMERGING MARKETS SMALL COMPANY VALUE WORLD STRATEGY BASIC VALUE
PORTFOLIO EQUITY PORTFOLIO PORTFOLIO PORTFOLIO EQUITY PORTFOLIO
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT
AND EQAT ANNUAL EXPENSES N/A N/A N/A N/A N/A
Separate Account Annual Expenses
Mortality and Expense Risk Fees .50% .50% .50% .50% .50%
Other Expenses .84% .84% .84% .84% .84%
- ------------------------------------------------------------------------------------------------------------------------------------
Total Separate Account
Annual Expenses 1.34% 1.34% 1.34% 1.34% 1.34%
EQAT ANNUAL EXPENSES
Maximum Investment
Advisory Fee .55% 1.15% .65% .70% .55%
Rule 12b-1 Fee .25% .25% .25% .25% .25%
Other Expenses (8) .05% .35% .10% .25% .05%
- ------------------------------------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (7) .85% 1.75% 1.00% 1.20% .85%
</TABLE>
TABLE 2: EQUI-VEST SERIES 200
Description of Expenses
- -----------------------
CONTRACT OWNER TRANSACTION EXPENSES
SALES LOAD ON PURCHASES......................... NONE
MAXIMUM CONTINGENT WITHDRAWAL CHARGE (1) ....... 6%
MAXIMUM ANNUAL ADMINISTRATIVE CHARGE (2) ....... $30
<TABLE>
<CAPTION>
ALLIANCE
ALLIANCE INTERMEDIATE ALLIANCE ALLIANCE ALLIANCE
MONEY GOVERNMENT QUALITY ALLIANCE GROWTH EQUITY
MARKET SECURITIES BOND HIGH YIELD & INCOME INDEX
- ---------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND HRT 1.75% N/A N/A N/A N/A N/A
ANNUAL EXPENSES (3)
Separate Account Annual Expenses (4)
Mortality and Expense Risk Fees 1.15% 1.09% 1.09% 1.09% 1.09% 1.09%
Other Expenses .25% .25% .25% .25% .25% .25%
- ---------------------------------------------------------------------------------------------------------------------------
Total Separate Account Annual
Expenses 1.40% (3) 1.34% 1.34% 1.34% 1.34% 1.34%
HRT Annual Expenses (4)
Investment Advisory Fees 0.35% 0.50% 0.53% 0.60% 0.55% 0.33%
Other Expenses 0.04% 0.09% 0.05% 0.06% 0.05% 0.05%
- ---------------------------------------------------------------------------------------------------------------------------
Total HRT Annual Expenses (5)(6) 0.39% (3) 0.59% 0.58% 0.66% 0.60% 0.38%
</TABLE>
8
<PAGE>
TABLE 2: EQUI-VEST SERIES 200 (CONTINUED)
<TABLE>
<CAPTION>
ALLIANCE ALLIANCE
ALLIANCE ALLIANCE ALLIANCE SMALL CONSER- ALLIANCE
COMMON ALLIANCE INTER- AGGRESSIVE CAP VATIVE ALLIANCE GROWTH
STOCK GLOBAL NATIONAL STOCK GROWTH INVESTORS BALANCED INVESTORS
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND HRT
ANNUAL EXPENSES (3) 1.75% N/A N/A 1.75% N/A N/A 1.75% N/A
Separate Account Annual
Expenses (4)
Mortality and Expense
Risk Fees 1.15% 1.09% 1.09% 1.09% 1.09% 1.09% 1.15% 1.09%
Other Expenses .25% .25% .25% .25% .25% .25% .25% .25%
- ------------------------------------------------------------------------------------------------------------------------------------
Total Separate Account
Annual Expenses 1.40% (3) 1.34% 1.34% 1.34% (3) 1.34% 1.34% 1.40% (3) 1.34%
HRT Annual Expenses (4)
Investment Advisory Fees 0.38% 0.65% 0.90% 0.55% 0.90% 0.48% 0.42% 0.53%
Other Expenses 0.03% 0.08% 0.18% 0.03% 0.10% 0.07% 0.05% 0.06%
- ------------------------------------------------------------------------------------------------------------------------------------
Total HRT Annual
Expenses (5)(6) 0.41% (3) 0.73% 1.08% 0.58% (3) 1.00% 0.55% 0.47% (3) 0.59%
</TABLE>
<TABLE>
<CAPTION>
T. ROWE PRICE T. ROWE PRICE EQ/PUTNAM GROWTH & EQ/PUTNAM
INTERNATIONAL STOCK EQUITY INCOME INCOME VALUE BALANCED MFS RESEARCH
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND
EQAT ANNUAL EXPENSES N/A N/A N/A N/A N/A
Separate Account Annual Expenses
Mortality and Expense Risk Fees .50% .50% .50% .50% .50%
Other Expenses .84% .84% .84% .84% .84%
- ------------------------------------------------------------------------------------------------------------------------------------
Total Separate Account
Annual Expenses 1.34% 1.34% 1.34% 1.34% 1.34%
EQAT ANNUAL EXPENSES
Maximum Investment Advisory Fee .75% .55% .55% .55% .55%
Rule 12b-1 Fee .25% .25% .25% .25% .25%
Other Expenses (8) .20% .05% .05% .10% .05%
- ------------------------------------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (7) 1.20% .85% .85% .90% .85%
</TABLE>
<TABLE>
<CAPTION>
MFS EMERGING MORGAN STANLEY WARBURG PINCUS MERRILL LYNCH MERRILL LYNCH
GROWTH COMPANIES EMERGING MARKETS SMALL COMPANY WORLD STRATEGY BASIC VALUE
PORTFOLIO EQUITY PORTFOLIO VALUE PORTFOLIO PORTFOLIO EQUITY PORTFOLIO
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND
EQAT ANNUAL EXPENSES N/A N/A N/A N/A N/A
Separate Account Annual Expenses
Mortality and Expense Risk Fees .50% .50% .50% .50% .50%
Other Expenses (8) .84% .84% .84% .84% .84%
- ------------------------------------------------------------------------------------------------------------------------------------
Total Separate Account
Annual Expenses 1.34% 1.34% 1.34% 1.34% 1.34%
EQAT ANNUAL EXPENSES
Maximum Investment Advisory Fee .55% 1.15% .65% .70% .55%
Rule 12b-1 Fee .25% .25% .25% .25% .25%
Other Expenses (8) .05% .35% .10% .25% .05%
- ------------------------------------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (7) .85% 1.75% 1.00% 1.20% .85%
</TABLE>
9
<PAGE>
- --------------
Notes:
(1) The contingent withdrawal charge is a percentage of specified contributions
or amounts withdrawn, depending on the Contract. Important exceptions and
limitations may eliminate or reduce the contingent withdrawal charge. See
"Contingent Withdrawal Charge" in Part 8.
(2) Many Contracts are exempt from this charge. The Annual Administrative Charge
is the lesser of $30 or 2% of the Annuity Account Value. See "Annual
Administrative Charge" in Part 8.
(3) The amounts shown in the Table under "Maximum Separate Account and HRT
Annual Expenses," when added together, are not permitted to exceed a total
annual rate of 1.75% of the value of the assets held in the Alliance Money
Market, Alliance Common Stock, Alliance Aggressive Stock and Alliance
Balanced Funds. For Series 100 Contracts, without this expense limitation,
total Separate Account Annual Expenses plus HRT Annual Expenses for 1996
would have been 1.92%, 1.87%, 1.82%, and 1.90% for the Alliance Money
Market, Alliance Common Stock, Alliance Aggressive Stock and Alliance
Balanced Funds, respectively. For Series 200 Contracts, without this expense
limitation, total Separate Account Annual Expenses plus HRT Annual Expenses
for 1996 would have been 1.83%, 1.78%, 1.82%, and 1.81% for the Alliance
Money Market, Alliance Common Stock, Alliance Aggressive Stock and Alliance
Balanced Funds, respectively. For Series 100 Contracts Separate Account
Annual Expenses are guaranteed not to exceed a total annual rate of 1.49%
for the Alliance Money Market, Alliance Balanced and Alliance Common Stock
Funds and an annual rate of 1.34% for all other Investment Funds. See
"Limitation on Charges" in Part 8.
(4) Separate Account and HRT expenses are shown as a percentage of each
Investment Fund's or Portfolio's average value. "Mortality and Expense Risk
Fees" includes death benefit charges. "Other Expenses" under "Separate
Account Annual Expenses" includes financial accounting expenses. See
"Limitation on Charges," "Charges to Investment Funds" and "Charges to
Portfolios" in Part 8.
(5) Effective May 1, 1997, a new Investment Advisory Agreement was entered into
between HRT and Alliance Capital Management L.P., HRT's Investment Adviser,
which effected changes in HRT's management fee and expense structure. See
HRT's prospectus for more information.
The tables above reflecting HRT's expenses are based on average portfolio
net assets for the year ended December 31, 1996 and have been restated to
reflect (i) the fees that would have been paid to Alliance if the current
advisory agreement had been in effect as of January 1, 1996 and (ii)
estimated accounting expenses for the year ending December 31, 1997. The
amounts shown for the Alliance Small Cap Growth Portfolio, which will become
available under the HRT on or about May 1, 1997 and for EQUI-VEST in early
June 1997, is an estimate.
(6) The investment advisory fee for each Portfolio may vary from year to year
depending upon the average daily net assets of the respective Portfolio of
the HRT. The maximum investment advisory fees, however, cannot be increased
without a vote of that Portfolio's shareholders. The other direct operating
expenses will also fluctuate from year to year depending on actual expenses.
HRT's expenses are shown as a percentage of each Portfolio's average
portfolio net assets.
(7) The EQAT funds were not available in 1996; therefore, these numbers reflect
anticipated annualized expenses for 1997. The portfolios became available
under the Trust on May 1, 1997 (except for the Morgan Stanley Emerging
Markets Equity Fund which will become available on or about September 2,
1997) and will be available in EQUI-VEST in early June 1997 (except for the
Morgan Stanley Emerging Markets Equity Fund which will be available on or
about September 2, 1997). EQ Financial Consultants, Inc. ("Manager")(see
Part 2) has entered into an expense limitation agreement with EQAT, with
respect to each Portfolio, ("Expense Limitation Agreements") pursuant to
which the Manager has agreed to waive or limit its fees and to assume other
expenses so that the total annual operating expenses of each Portfolio are
limited to: .85% of the respective average daily net assets of the T. Rowe
Price Equity Income, EQ/Putnam Growth & Income Value, MFS Research, MFS
Emerging Growth Companies and Merrill Lynch Basic Value Equity Portfolios;
.90% of the EQ/Putnam Balanced Portfolio's average daily net assets; 1.00%
of the Warburg Pincus Small Company Value Portfolio's average daily net
assets; 1.20% of the respective average daily net assets of the T. Rowe
Price International Stock and Merrill Lynch World Strategy Portfolios; and
1.75% of the Morgan Stanley Emerging Markets Equity Portfolio's average
daily net assets.
Each Portfolio may at a later date reimburse to the Manager the management
fees waived or limited and other expenses assumed and paid by the Manager
pursuant to the Expense Limitation Agreement provided such Portfolio has
reached a sufficient asset size to permit such reimbursement to be made
without causing the total annual expense ratio of each Portfolio to exceed
the percentage limits stated above. Consequently, no reimbursement by a
Portfolio will be made unless: (i) the Portfolio's assets exceed $100
million; (ii) the Portfolio's total annual expense ratio is less than the
respective percentages stated above; and (iii) the payment of such
reimbursement has been approved by EQAT's Board of Trustees on a quarterly
basis.
(8) Other expenses are after fee waivers or assumptions by EQ Financial
Consultants pursuant to an expense limitation agreement. See the attached
EQAT prospectus.
10
<PAGE>
EXAMPLES: EQUI-VEST SERIES 100 AND 200
- --------------------------------------------------------------------------------
For each type of Series 100 and 200 Contract, the examples which follow show the
expenses that a hypothetical Contract Owner would pay in the surrender and
nonsurrender situations noted below, assuming a single contribution of $1,000 on
the Contract Date invested in one of the Investment Funds listed and a 5% annual
return on assets and no waiver of the contingent withdrawal charge.(1) For
purposes of these examples, the annual administrative charge is computed by
reference to the actual aggregate annual administrative charges as a percentage
of the total assets held under all EQUI-VEST Contracts.
These examples should not be considered a representation of past or future
expenses for each Investment Fund or Portfolio. Actual expenses may be greater
or less than those shown. Similarly, the annual rate of return assumed in the
examples is not an estimate or guarantee of future investment performance.
IF YOU SURRENDER YOUR CONTRACT AT THE END OF EACH PERIOD SHOWN, THE EXPENSE
WOULD BE:
FOR IRA (INCLUDING CERTAIN QP IRA(2)), SEP, EDC AND PARTICIPANT-OWNED HR-10
CONTRACTS:
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
---------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
Alliance Money Market $81.06 $125.14 $164.99 $257.58
Alliance Intermediate Government Securities 82.83 130.50 174.03 276.55
Alliance Quality Bond 82.73 130.20 173.53 275.50
Alliance High Yield 83.52 132.57 177.53 283.83
Alliance Growth & Income 82.93 130.79 174.54 277.59
Alliance Equity Index 80.76 124.24 163.47 254.39
Alliance Common Stock 81.06 125.14 164.99 257.58
Alliance Global 84.21 134.65 181.02 291.06
Alliance International 87.66 144.98 198.31 326.45
Alliance Aggressive Stock 81.06 125.14 164.99 257.58
Alliance Small Cap Growth 86.88 142.63 -- --
Alliance Asset Allocation Series:
Alliance Conservative Investors 82.44 129.31 172.03 272.36
Alliance Balanced 81.06 125.14 164.99 257.58
Alliance Growth Investors 82.83 130.50 174.03 276.55
T. Rowe Price International Stock Portfolio 88.85 148.51 -- --
T. Rowe Price Equity Income Portfolio 85.40 138.20 -- --
EQ/Putnam Growth & Income Value Portfolio 85.40 138.20 -- --
EQ/Putnam Balanced Portfolio 85.89 139.68 -- --
MFS Research Portfolio 85.40 138.20 -- --
MFS Emerging Growth Companies Portfolio 85.40 138.20 -- --
Morgan Stanley Emerging Markets Equity Portfolio 94.27 164.55 -- --
Warburg Pincus Small Company Value Portfolio 86.88 142.63 -- --
Merrill Lynch World Strategy Portfolio 88.85 148.51 -- --
Merrill Lynch Basic Value Equity Portfolio 85.40 138.20 -- --
</TABLE>
FOR TSA AND QP IRA CONTRACTS:(3)
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
-------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
Alliance Money Market $74.87 $118.56 $164.99 $257.58
Alliance Intermediate Government Securities 76.66 123.96 174.03 276.55
Alliance Quality Bond 76.56 123.66 173.53 275.50
Alliance High Yield 77.35 126.05 177.53 283.83
Alliance Growth & Income 76.76 124.28 174.54 277.59
Alliance Equity Index 74.57 117.66 163.47 254.39
Alliance Common Stock 74.87 118.56 164.99 257.58
Alliance Global 78.05 128.14 181.02 291.06
Alliance International 81.52 138.54 198.31 326.45
Alliance Aggressive Stock 74.87 118.56 164.99 257.58
Alliance Small Cap Growth 80.73 136.17 -- --
Alliance Asset Allocation Series:
Alliance Conservative Investors 76.26 122.76 172.03 272.36
Alliance Balanced 74.87 118.56 164.99 257.58
Alliance Growth Investors 76.66 126.96 174.03 276.55
T. Rowe Price International Stock Portfolio 82.71 142.09 -- --
T. Rowe Price Equity Income Portfolio 79.24 131.72 -- --
EQ/Putnam Growth & Income Value Portfolio 79.24 131.72 -- --
EQ/Putnam Balanced Portfolio 79.74 133.20 -- --
MFS Research Portfolio 79.24 131.72 -- --
MFS Emerging Growth Companies Portfolio 79.24 131.72 -- --
Morgan Stanley Emerging Markets Equity Portfolio 88.17 158.24 -- --
Warburg Pincus Small Company Value Portfolio 80.73 136.17 -- --
Merrill Lynch World Strategy Portfolio 82.71 142.09 -- --
Merrill Lynch Basic Value Equity Portfolio 79.24 131.72 -- --
</TABLE>
11
<PAGE>
FOR TRUSTEED AND NQ CONTRACTS:
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
-------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
Alliance Money Market $74.87 $118.56 $162.15 $221.02
Alliance Intermediate Government Securities 76.66 123.96 171.77 240.65
Alliance Quality Bond 76.56 123.66 171.23 239.56
Alliance High Yield 77.35 126.05 175.49 248.18
Alliance Growth & Income 76.76 124.26 172.30 241.73
Alliance Equity Index 74.57 117.66 160.54 217.71
Alliance Common Stock 74.87 118.56 162.15 221.02
Alliance Global 78.05 128.14 179.20 255.67
Alliance International 81.52 138.54 197.58 292.30
Alliance Aggressive Stock 74.87 118.56 162.15 221.02
Alliance Small Cap Growth 80.73 136.17 -- --
Alliance Asset Allocation Series:
Alliance Conservative Investors 76.26 122.76 169.64 236.32
Alliance Balanced 74.87 118.56 162.15 221.02
Alliance Growth Investors 76.66 123.96 171.77 240.65
T. Rowe Price International Stock Portfolio 82.71 142.09 -- --
T. Rowe Price Equity Income Portfolio 79.24 131.72 -- --
EQ/Putnam Growth & Income Value Portfolio 79.24 131.72 -- --
EQ/Putnam Balanced Portfolio 79.74 133.20 -- --
MFS Research Portfolio 79.24 131.72 -- --
MFS Emerging Growth Companies Portfolio 79.24 131.72 -- --
Morgan Stanley Emerging Markets Equity Portfolio 88.17 158.24 -- --
Warburg Pincus Small Company Value Portfolio 80.73 136.17 -- --
Merrill Lynch World Strategy Portfolio 82.71 142.09 -- --
Merrill Lynch Basic Value Equity Portfolio 79.24 131.72 -- --
</TABLE>
IF YOU DO NOT SURRENDER YOUR CONTRACT AT THE END OF EACH PERIOD SHOWN, THE
EXPENSE WOULD BE:
FOR ALL SERIES 100 AND 200 CONTRACTS:
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
--------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
Alliance Money Market $19.21 $59.42 $102.15 $221.02
Alliance Intermediate Government Securities 21.10 65.14 111.77 240.65
Alliance Quality Bond 20.99 64.82 111.23 239.56
Alliance High Yield 21.83 67.36 115.49 248.18
Alliance Growth & Income 21.20 65.46 112.30 241.73
Alliance Equity Index 18.89 58.47 100.54 217.71
Alliance Common Stock 19.21 59.42 102.15 221.02
Alliance Global 22.57 69.57 119.20 255.67
Alliance International 26.24 80.60 137.58 292.30
Alliance Aggressive Stock 19.21 59.42 102.15 221.02
Alliance Small Cap Growth 25.40 78.09 -- --
Alliance Asset Allocation Series:
Alliance Conservative Investors 20.68 83.87 109.64 236.32
Alliance Balanced 19.21 59.42 102.15 221.02
Alliance Growth Investors 21.10 65.14 111.77 240.65
T. Rowe Price International Stock Portfolio 27.50 84.36 -- --
T. Rowe Price Equity Income Portfolio 23.83 73.36 -- --
EQ/Putnam Growth & Income Value Portfolio 23.83 73.36 -- --
EQ/Putnam Balanced Portfolio 24.35 74.94 -- --
MFS Research Portfolio 23.83 73.36 -- --
MFS Emerging Growth Companies Portfolio 23.83 73.36 -- --
Morgan Stanley Emerging Markets Equity Portfolio 33.27 101.48 -- --
Warburg Pincus Small Company Value Portfolio 25.40 78.09 -- --
Merrill Lynch World Strategy Portfolio 27.50 84.36 -- --
Merrill Lynch Basic Value Equity Portfolio 23.83 73.36 -- --
</TABLE>
- ---------------------
(1) The amount accumulated could not be paid in the form of an annuity at the
end of any of the periods shown in the examples. If the amount applied to
purchase an annuity is less than $2,000, or the initial annuity payment is
less than $20 we may pay the amount to the payee in a single sum instead of
as payments under an annuity form. See "Distribution Options" in Part 6. In
some cases, charges for state premium or other taxes will be deducted from
the amount applied, if applicable.
(2) These expenses also apply to a Series 100 or 200 QP IRA purchased in a
state where group Contracts are issued.
(3) These expenses apply only to a Series 100 or 200 QP IRA purchased in a
state where individual Contracts are issued.
12
<PAGE>
TABLE 3: EQUI-VEST SERIES 300 AND 400
Description of Expenses
- -----------------------
<TABLE>
<S> <C>
CONTRACT OWNER TRANSACTION EXPENSES
SALES LOAD ON PURCHASES.............................................. NONE
MAXIMUM CONTINGENT WITHDRAWAL CHARGE (1) ............................ 6%
MAXIMUM/CURRENT ANNUAL ADMINISTRATIVE CHARGE (2) .................... $65/30
MAXIMUM/CURRENT THIRD PARTY TRANSFER OR EXCHANGE FEE (3) ............ $65/25 PER OCCURRENCE
SEPARATE ACCOUNT ANNUAL EXPENSES
Mortality and Expense Risk Fees (including Death Benefit Charges).... 1.10%
Other Expenses (4)................................................... .25%
-----
Total Separate Account Annual Expenses (5)...................... 1.35%
-----
</TABLE>
<TABLE>
<CAPTION>
ALLIANCE
ALLIANCE INTERMEDIATE ALLIANCE ALLIANCE ALLIANCE ALLIANCE
MONEY GOVERNMENT QUALITY ALLIANCE GROWTH EQUITY COMMON
MARKET SECURITIES BOND HIGH YIELD & INCOME INDEX STOCK
- -----------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C>
HRT ANNUAL EXPENSES:
Investment Advisory Fees 0.35% 0.50% 0.53% 0.60% 0.55% 0.33% 0.38%
Other Expenses 0.04% 0.09% 0.05% 0.06% 0.05% 0.05% 0.03%
- -----------------------------------------------------------------------------------------------------------------------
Total HRT Annual Expenses (6)(7) 0.39% 0.59% 0.58% 0.66% 0.60% 0.38% 0.41%
<CAPTION>
ALLIANCE ALLIANCE ALLIANCE ALLIANCE
ALLIANCE ALLIANCE AGGRESSIVE SMALL CAP CONSERVATIVE ALLIANCE GROWTH
GLOBAL INTERNATIONAL STOCK GROWTH INVESTORS BALANCED INVESTORS
- ----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C>
HRT ANNUAL EXPENSES:
Investment Advisory Fees 0.65% 0.90% 0.55% 0.90% 0.48% 0.42% 0.53%
Other Expenses 0.08% 0.18% 0.03% 0.10% 0.07% 0.05% 0.06%
- ----------------------------------------------------------------------------------------------------------------------------------
Total HRT Annual Expenses (6)(7) 0.73% 1.08% 0.58% 1.00% 0.55% 0.47% 0.59%
<CAPTION>
T. ROWE PRICE T. ROWE PRICE EQ/PUTNAM GROWTH & EQ/PUTNAM
INTERNATIONAL STOCK EQUITY INCOME INCOME VALUE BALANCED MFS RESEARCH
PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
- ---------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
EQAT ANNUAL EXPENSES
Maximum Investment
Advisory Fee .75% .55% .55% .55% .55%
Rule 12b-1 Fee .25% .25% .25% .25% .25%
Other Expenses (9) .20% .05% .05% .10% .05%
- ---------------------------------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (8) 1.20% .85% .85% .90% .85%
<CAPTION>
MORGAN STANLEY WARBURG PINCUS MERRILL LYNCH MERRILL LYNCH BASIC
MFS EMERGING GROWTH EMERGING MARKETS SMALL COMPANY VALUE WORLD STRATEGY BASIC VALUE EQUITY
COMPANIES PORTFOLIO EQUITY PORTFOLIO PORTFOLIO PORTFOLIO PORTFOLIO
- -------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
EQAT ANNUAL EXPENSES
Maximum Investment
Advisory Fee .55% 1.15% .65% .75% .55%
Rule 12b-1 Fee .25% .25% .25% .25% .25%
Other Expenses (9) .05% .35% .10% .25% .05%
- --------------------------------------------------------------------------------------------------------------------------------
Total EQAT Annual
Expenses (8) .85% 1.75% 1.00% 1.20% .85%
</TABLE>
13
<PAGE>
Notes:
(1) The contingent withdrawal charge is a percentage of specified
contributions. See "Contingent Withdrawal Charge" in Part 7. Important
exceptions and limitations may eliminate or reduce the contingent
withdrawal charge.
(2) The Annual Administrative Charge is the lesser of $30 or 2% of the Annuity
Account Value (adjusted to include any withdrawals made during that year)
during the first two Contract Years; and $30 for each Contract Year
thereafter. See "Annual Administrative Charge" in Part 7. We reserve the
right to increase this fee in the future if our administrative costs
increase, but such fee may not exceed an annual maximum of $65, subject to
applicable law.
(3) There is a Third Party Transfer or Exchange Fee of $25 per occurrence. We
reserve the right to increase this fee in the future, but such fee may not
exceed a maximum of $65 per occurrence, subject to applicable law.
(4) For a limited period of time, we will charge .24% against the assets of the
Alliance Intermediate Government Securities, Alliance Quality Bond,
Alliance High Yield, Alliance Growth & Income, Alliance Equity Index,
Alliance Global, Alliance International, Alliance Small Cap Growth,
Alliance Conservative Investors and Alliance Growth Investors Funds for
expenses.
(5) The amounts shown in the table under "Total Separate Account Annual
Expenses" are not permitted to exceed a total annual rate of 1.35% of the
value of the assets held in the Investment Funds. Separate Account expenses
are shown as a percentage of each Investment Fund's average value. See
"Limitation on Charges" in Part 8.
(6) Effective May 1, 1997, a new Investment Advisory Agreement was entered into
between HRT and Alliance Capital Management L.P., HRT's Investment Adviser,
which effected changes in HRT's management fee and expense structure. See
HRT's prospectus for more information.
The tables above reflecting HRT's expenses are based on average portfolio
net assets for the year ended December 31, 1996 and have been restated to
reflect (i) the fees that would have been paid to Alliance if the current
advisory agreement had been in effect as of January 1, 1996 and (ii)
estimated accounting expenses for the year ending December 31, 1997. The
amount shown for the Alliance Small Cap Growth Portfolio, which will be
available under the HRT on or about May 1, 1997 and for EQUI-VEST in early
June 1997, is an estimate.
(7) The investment advisory fee for each Portfolio may vary from year to year
depending upon the average daily net assets of the respective Portfolio of
the HRT. The maximum investment advisory fees, however, cannot be increased
without a vote of that Portfolio's shareholders. The other direct operating
expenses will also fluctuate from year to year depending on actual
expenses. The HRT's expenses are shown as a percentage of each Portfolio's
average portfolio net assets. See "Trust Charges to Portfolios" in Part 8.
(8) The EQAT funds were not available in 1996; therefore, these numbers reflect
anticipated annualized expenses for 1997. The portfolios became available
under the Trust on May 1, 1997 (except for the Morgan Stanley Emerging
Markets Equity Fund which will become available on or about September 2,
1997) and will be available in EQUI-VEST in early June 1997 (except for the
Morgan Stanley Emerging Markets Equity Fund which will become available on
or about September 2, 1997). The Manager (see Part 2) has entered into an
expense limitation agreement with EQAT, with respect to each Portfolio,
("Expense Limitation Agreements") pursuant to which the Manager has agreed
to waive or limit its fees and to assume other expenses so that the total
annual operating expenses of each Portfolio are limited to: .85% of the
respective average daily net assets of the T. Rowe Price Equity Income,
EQ/Putnam Growth & Income Value, EQ/Putnam Investors Growth, MFS Research,
MFS Emerging Growth Companies and Merrill Lynch Basic Value Equity
Portfolios; .90% of the EQ/Putnam Balanced Portfolio's average daily net
assets; 1.00% of the Warburg Pincus Small Company Value Portfolio's average
daily net assets; 1.20% of the respective average daily net assets of the
T. Rowe Price International Stock, EQ/Putnam International Equity and
Merrill Lynch World Strategy Portfolios; and 1.75% of the Morgan Stanley
Emerging Markets Equity Portfolio's average daily net assets.
Each Portfolio may at a later date reimburse to the Manager the management
fees waived or limited and other expenses assumed and paid by the Manager
pursuant to the Expense Limitation Agreement provided such Portfolio has
reached a sufficient asset size to permit such reimbursement to be made
without causing the total annual expense ratio of each Portfolio to exceed
the percentage limits stated above. Consequently, no reimbursement by a
Portfolio will be made unless: (i) the Portfolio's assets exceed $100
million; (ii) the Portfolio's total annual expense ratio is less than the
respective percentages stated above; and (iii) the payment of such
reimbursement has been approved by EQAT's Board of Trustees on a quarterly
basis.
(9) Other expenses are after fee waivers or assumptions by EQ Financial
Consultants pursuant to an expense limitation agreement. See the attached
EQAT prospectus.
14
<PAGE>
EXAMPLES: EQUI-VEST SERIES 300 AND 400
- --------------------------------------
For each type of Series 300 and 400 Contract, the examples which follow show the
expenses that a hypothetical Contract Owner would pay in the surrender and
nonsurrender situations noted below, assuming a single contribution of $1,000 on
the Contract Date invested in one of the Investment Funds listed, a 5% annual
return on assets and no waiver of the contingent withdrawal charge.(1) For
purposes of these examples, the annual administrative charge is computed by
reference to the actual aggregate annual administrative charges as a percentage
of the total assets held under all EQUI-VEST Contracts.
These examples should not be considered a representation of past or future
expenses for each Investment Fund or Portfolio. Actual expenses may be greater
or less than those shown. Similarly, the annual rate of return assumed in the
examples is not an estimate or guarantee of future investment performance.
IF YOU SURRENDER YOUR CONTRACT AT THE END OF EACH PERIOD SHOWN, THE EXPENSE
WOULD BE:
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
----------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
Alliance Money Market $74.77 $118.26 $161.61 $219.92
Alliance Intermediate Government Securities 76.66 123.96 171.77 240.65
Alliance Quality Bond 76.56 123.66 171.23 239.56
Alliance High Yield 77.35 126.05 175.49 248.18
Alliance Growth & Income 76.76 124.26 172.30 241.73
Alliance Equity Index 74.57 117.66 160.54 217.71
Alliance Common Stock 74.97 118.86 162.68 222.12
Alliance Global 78.05 128.14 179.20 255.67
Alliance International 81.52 138.54 197.58 292.30
Alliance Aggressive Stock 76.66 123.96 171.77 240.65
Alliance Small Cap Growth 80.73 136.17 -- --
Alliance Asset Allocation Series:
Alliance Conservative Investors 76.26 122.76 169.64 236.32
Alliance Balanced 75.57 120.67 165.90 228.69
Alliance Growth Investors 76.66 123.96 171.77 240.65
T. Rowe Price International Stock Portfolio 82.71 142.09 -- --
T. Rowe Price Equity Income Portfolio 79.24 131.72 -- --
EQ/Putnam Growth & Income Value Portfolio 79.24 131.72 -- --
EQ/Putnam Balanced Portfolio 79.74 133.20 -- --
MFS Research Portfolio 79.24 131.72 -- --
MFS Emerging Growth Companies Portfolio 79.24 131.72 -- --
Morgan Stanley Emerging Markets Equity Portfolio 88.17 158.24 -- --
Warburg Pincus Small Company Value Portfolio 80.73 136.17 -- --
Merrill Lynch World Strategy Portfolio 82.71 142.09 -- --
Merrill Lynch Basic Value Equity Portfolio 79.24 131.72 -- --
</TABLE>
IF YOU DO NOT SURRENDER YOUR CONTRACT AT THE END OF EACH PERIOD SHOWN, THE
EXPENSE WOULD BE:
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
-------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
Alliance Money Market $19.10 $59.10 $101.61 $219.92
Alliance Intermediate Government Securities 21.10 65.14 111.77 240.65
Alliance Quality Bond 20.99 64.82 111.23 239.56
Alliance High Yield 21.83 67.36 115.49 248.18
Alliance Growth & Income 21.20 65.46 112.30 241.73
Alliance Equity Index 18.89 58.47 100.54 217.71
Alliance Common Stock 19.31 59.74 102.68 222.12
Alliance Global 22.57 69.57 119.20 255.67
Alliance International 26.24 80.60 137.58 292.30
Alliance Aggressive Stock 21.10 65.14 111.77 240.65
Alliance Small Cap Growth 25.40 78.09 -- --
Alliance Asset Allocation Series:
Alliance Conservative Investors 20.68 63.87 109.64 236.32
Alliance Balanced 19.94 61.65 105.90 228.69
Alliance Growth Investors 21.10 65.14 111.77 240.65
T. Rowe Price International Stock Portfolio 27.50 84.36 -- --
T. Rowe Price Equity Income Portfolio 23.83 73.36 -- --
EQ/Putnam Growth & Income Value Portfolio 23.83 73.36 -- --
EQ/Putnam Balanced Portfolio 24.35 74.94 -- --
MFS Research Portfolio 23.83 73.36 -- --
MFS Emerging Growth Companies Portfolio 23.83 73.36 -- --
Morgan Stanley Emerging Markets Equity Portfolio 33.27 101.48 -- --
Warburg Pincus Small Company Value Portfolio 25.40 78.09 -- --
Merrill Lynch World Strategy Portfolio 27.50 84.36 -- --
Merrill Lynch Basic Value Equity Portfolio 23.83 73.86 -- --
</TABLE>
15
<PAGE>
- ---------------------
(1) The amount accumulated could not be paid in the form of an annuity at the
end of any of the periods shown in the examples. If the amount applied to
purchase an annuity is less than $2,000, or the initial annuity payment is
less than $20, we may pay the amount to the payee in a single sum instead
of as payments under an annuity form. See "Distribution Options" in Part 6.
In some cases, charges for state premium or other taxes will be deducted
from the amount applied, if applicable.
ON PAGE 24, THE INFORMATION IN THE FIRST AND FOURTH PARAGRAPHS UNDER THE HEADING
"SEPARATE ACCOUNT A" ARE DELETED AND REPLACED BY THE FOLLOWING:
Separate Account A is organized as a unit investment trust, a type of investment
company, and is registered with the SEC under the Investment Company Act of 1940
(1940 ACT). This registration does not involve any supervision by the SEC of the
management or investment policies of the Separate Account. The Separate Account
has many Investment Funds, each of which invests in Class IA or Class IB shares
of a corresponding Portfolio of either HRT or EQAT, respectively. You may
allocate some or all contributions among the Investment Funds.
We reserve the right, subject to compliance with applicable law, including
approval of Contract Owners, Participants and Plan Trustees if required, (1) to
add new Investment Funds (or subdivisions of Investment Funds) to, or remove
Investment Funds (or subdivisions of Investment Funds) from, the Separate
Account, (2) to combine any two or more Investment Funds or subdivisions
thereof, (3) to transfer assets determined by us to be the proportionate share
of the class to which the contracts belong from any of the Investment Funds to
another Investment Fund by withdrawing the same percentage of each investment in
that Investment Fund with appropriate adjustments to avoid odd lots and
fractions, (4) to operate the Separate Account or any Investment Fund as a
management investment company under the 1940 Act (which may be directed by a
committee which may be composed of a majority of persons who are "interested
persons" of Equitable Life under the 1940 Act, which committee may be discharged
by us at any time) or in any other form permitted by law, including a form that
allows us to make direct investments, (5) to deregister the Separate Account
under the 1940 Act, (6) to cause one or more Investment Funds to invest in a
mutual fund other than or in addition to HRT and EQAT, (7) to discontinue the
sale of contracts, (8) to terminate any employer or plan trustee agreement
pursuant to its terms and (9) to restrict or eliminate any voting rights of
Contract Owners or other people who have voting rights that affect the Separate
Account.
ON PAGE 24, THE FOLLOWING INFORMATION IS ADDED:
TRUSTS
HRT and EQAT include the separate sets of investment portfolios (listed below)
in which the Investment Funds of the Separate Account invest according to the
contribution allocations of Contract Owners. Following are the portfolios of the
Trusts:
- --------------------------------------------------------------------------------
HRT PORTFOLIOS EQAT PORTFOLIOS
-------------- ---------------
o Alliance Money Market o T. Rowe Price International Stock
o Alliance Intermediate Government o T. Rowe Price Equity Income
Securities
o EQ/Putnam Growth & Income Value
o Alliance Quality Bond
o EQ/Putnam Balanced
o Alliance High Yield
o MFS Research
o Alliance Growth & Income
o MFS Emerging Growth Companies
o Alliance Equity Index
o Morgan Stanley Emerging Markets
o Alliance Common Stock Equity
o Alliance Global o Warburg Pincus Small Company Value
o Alliance International o Merrill Lynch World Strategy
o Alliance Aggressive Stock o Merrill Lynch Basic Value Equity
o Alliance Small Cap Growth
Alliance Asset Allocation Series:
o Alliance Conservative
Investors
o Alliance Balanced
o Alliance Growth Investors
ON PAGE 24, THE FIRST PARAGRAPH UNDER THE HEADING "THE HUDSON RIVER TRUST" IS
DELETED AND REPLACED BY THE FOLLOWING:
HRT is an open-end, diversified management investment company, more commonly
called a mutual fund. As a "series" type of mutual fund, it issues several
different series of stock, each of which relates to a different Portfolio of
HRT. HRT commenced opera-
16
<PAGE>
tions in January 1976 with a predecessor of its Common Stock Portfolio. HRT does
not impose a sales charge or "load" for buying and selling its shares as a part
of an EQUI-VEST Contract or to support a variable annuity distribution option
available under an SPDA Contract. All dividend distributions to HRT are
reinvested in full and fractional shares of the Portfolio to which they relate.
Each HRT-related Fund invests in Class IA shares of a corresponding HRT
portfolio.
ON PAGE 25, THE HEADING AND THE FIRST TWO PARAGRAPHS UNDER THE HEADING "THE
TRUST'S INVESTMENT ADVISER" ARE DELETED AND REPLACED BY THE FOLLOWING:
ALLIANCE CAPITAL MANAGEMENT L.P.,
HRT'S MANAGER AND INVESTMENT ADVISER
HRT is managed and advised by Alliance Capital Management L.P. (ALLIANCE), which
is registered with the SEC as an investment adviser under the Investment
Advisers Act of 1940. Alliance, an indirect, majority-owned subsidiary of
Equitable Life, is a publicly traded limited partnership. On December 31, 1996,
Alliance was managing over $182.8 billion in assets. Alliance acts as investment
adviser to various separate accounts and general accounts of Equitable and other
affiliated insurance companies. Alliance also provides management and consulting
services to mutual funds, endowments funds, insurance companies, foreign
entities, qualified and non-tax qualified corporate funds, public and private
pension and profit-sharing plans, foundations and tax-exempt organizations.
Alliance's record as an investment manager is based, in part, on its ability to
provide a diversity of investment services to domestic, international and global
markets. Alliance prides itself on its ability to attract and retain a quality,
professional work force. Alliance employs 194 investment professionals,
including 83 research analysts. Portfolio managers have average investment
experience of more than 15 years.
ON PAGE 25, THE FOLLOWING INFORMATION IS ADDED AFTER THE INFORMATION ABOUT
ALLIANCE:
EQ ADVISORS TRUST
EQAT is an open-end management investment company registered under the 1940 Act.
As a "series" type of mutual fund, EQAT issues shares of beneficial interest
that are divided among several EQAT Portfolios. Each EQAT Portfolio is a
separate series of EQAT with its own objective and policies. All of the
Portfolios, except for the Morgan Stanley Emerging Markets Equity Portfolio and
Merrill Lynch World Strategy Portfolio, are diversified for 1940 Act purposes.
The Trustees of EQAT may establish additional Portfolios at any time. Class IB
shares are subject to distribution fees imposed pursuant to a distribution plan
adopted pursuant to Rule 12b-1 under the 1940 Act. See the attached EQAT
prospectus for more details regarding such fees.
EQAT does not impose a sales charge or "load" for buying and selling its shares.
All dividend distributions to EQAT are reinvested in full and fractional shares
of the Portfolio to which they relate. Each EQAT-related Fund invests in Class
IB shares of a corresponding EQAT portfolio. EQAT is managed by EQ Financial
Consultants, Inc. ("Manager") which directs the day-to-day operations of each
EQAT Portfolio. Rowe Price-Fleming International, Inc., T. Rowe Price
Associates, Inc., Putnam Investment Management, Inc., Massachusetts Financial
Services Company, Morgan Stanley Asset Management, Inc., Warburg, Pincus
Counsellors, Inc. and Merrill Lynch Asset Management, L.P. serve as the
investment advisers (each an "EQAT Advisor" and together the "EQAT Advisors") to
one or more of the EQAT Portfolios.
More detailed information about the EQAT, its investment objectives, policies,
restrictions, risks, expenses, multiple class distribution system and all other
aspects of its operations, appears in EQAT's prospectus which is attached to
this prospectus), or in EQAT's Statement of Additional Information, which is
available upon request. EQAT was recently organized and has had no operations
prior to the date of this prospectus.
EQAT'S MANAGER
The Manager, subject to the supervision and direction of the Trustees of EQAT,
has overall responsibility for the general management and administration of the
Trust. The Manager is an investment adviser registered under the Investment
Advisers Act of 1940, as amended, and a broker-dealer registered under the
Securities Exchange Act of 1934, as amended ("1934 Act"). The Manager currently
furnishes specialized investment advice to other clients, including individuals,
pension and profit sharing plans, trusts, charitable organizations,
corporations, and other business entities. The Manager is a Delaware corporation
and an indirect, wholly owned subsidiary of Equitable Life.
The Manager is responsible for providing investment management and
administrative services to EQAT and in the exercise of such responsibility
selects, subject to review and approval by EQAT's Trustees, the investment
advisers for EQAT's Portfolios and monitors the EQAT Advisers' investment
programs and results, reviews brokerage matters, oversees compliance by EQAT
with
17
<PAGE>
various federal and state statutes, and carries out the directives of its Board
of Trustees.
Pursuant to an investment advisory agreement with the Manager, each EQAT Adviser
furnishes continuously an investment program for each of its Portfolios, makes
investment decisions on behalf of its EQAT Portfolios, places all orders for the
purchase and sale of investments for the Portfolio's account with brokers or
dealers selected by such Adviser and may perform certain limited related
administrative functions.
The assets of each Portfolio are allocated currently among the EQAT Advisers. If
an EQAT Portfolio shall at any time have more than one EQAT Adviser, the
allocation of an EQAT Portfolio's assets among EQAT Advisers may be changed at
any time by the Manager. EQ Financial Consultants, Inc.'s main office is located
at 1755 Broadway, New York, New York 10019.
EQAT'S INVESTMENT ADVISERS
Rowe Price-Fleming International, Inc.; T. Rowe Price Associates, Inc.; Putnam
Investment Management, Inc.; Massachusetts Financial Services Company; Morgan
Stanley Asset Management, Inc.; Warburg, Pincus Counsellors, Inc.; and Merrill
Lynch Asset Management, L.P. serve as EQAT Advisers only for their respective
EQAT Portfolios.
MERRILL LYNCH ASSET MANAGEMENT L.P.
Founded in 1976, MLAM is a dedicated asset management affiliate of Merrill Lynch
& Co., Inc., a financial management and advisory company with more than a
century of experience. As of December 31, 1996, MLAM along with its advisory
affiliates held approximately $234 billion in investment company and other
portfolio assets under management. MLAM Manages Merrill Lynch Basic Value
Equity, a domestic equity fund, and Merrill Lynch World Strategy, a global
flexible allocation fund.
MFS INVESTMENT MANAGEMENT
MFS Investment Management is America's oldest mutual fund organization, whose
assets under management as of December 31, 1996 were in excess of $52 billion on
behalf of more than 1.8 million investors. MFS manages MFS Research, a domestic
equity fund, and MFS Emerging Growth Companies, an aggressive equity fund.
MORGAN STANLEY ASSET MANAGEMENT INC.
Morgan Stanley Asset Management and its affiliated investment management
companies, managed approximately $170 billion of assets as of December 31, 1996.
Morgan Stanley Asset Management manages Morgan Stanley Emerging Markets Equity,
an international equity fund.
PUTNAM INVESTMENTS
This mutual fund manager was founded in 1937 and had more than $173 billion in
assets under management as of December 31, 1996. Putnam manages EQ/Putnam Growth
& Income Value, a domestic equity fund, and EQ/Putnam Balanced, a balanced stock
and bond fund.
T. ROWE PRICE ASSOCIATES, INC. AND ROWE PRICE-FLEMING INTERNATIONAL, INC.
Founded in 1937, T. Rowe Price provides investment management to both
individuals and institutions. With its affiliates, assets under management were
over $95 billion as of December 31, 1996. T. Rowe Price manages T. Rowe Price
Equity Income, a domestic equity fund. Rowe Price-Fleming International, Inc.,
founded as a joint venture between T. Rowe Price and Robert Fleming Holdings,
Ltd., manages T. Rowe Price International Stock, an international equity fund.
WARBURG PINCUS
Warburg Pincus is a professional investment counseling firm serving investment
companies, employee benefit plans, endowment funds and individuals. Assets under
management were approximately $18 billion as of December 31, 1996. Warburg
Pincus manages Warburg Pincus Small Company Value, an aggressive equity fund.
Additional information regarding each of the companies which serve as an EQAT
Adviser appears in the EQAT prospectus, attached at the end of this prospectus.
18
<PAGE>
ON PAGE 25, THE FOLLOWING INFORMATION IS ADDED TO THE CHART:
<TABLE>
<CAPTION>
PORTFOLIO TRUST INVESTMENT POLICY OBJECTIVE
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
Alliance Small Cap
Growth .............................HRT Primarily common stocks and other Long-term growth of capital.
equity-type securities issued by
smaller-sized companies with
strong growth potential.
T. Rowe Price
International Stock ..............EQAT Primarily common stocks of established Long-term growth of capital.
non-United States companies
T. Rowe Price Equity
Income............................EQAT Primarily dividend paying common stocks Substantial dividend income
of established companies. and also capital appreciation.
EQ/Putnam Growth
& Income Value
Portfolio.........................EQAT Primarily common stocks that offer poten- Capital growth and secondarily,
tial for capital growth and may, consis- current income.
tent with the Portfolio's investment
objective, invest in common stocks that
offer potential for current income.
EQ/Putnam Balanced ..................EQAT A well-diversified portfolio of stocks and bonds Balanced investment.
that will produce both capital growth and
current income.
MFS Research ........................EQAT A substantial portion of assets invested in Long-term growth of capital.
common stock or securities convertible
into common stock of companies believed
by the Portfolio adviser to possess
better than average prospects for
long-term growth.
MFS Emerging Growth
Companies.........................EQAT Primarily in common stocks of emerging Long-term growth of capital.
growth companies that the Portfolio
adviser believes are early in their
life cycle but which have the potential
to become major enterprises.
Morgan Stanley
Emerging Markets
Equity............................EQAT Primarily equity securities of emerging market Long-term capital appreciation.
country (i.e. foreign) issuers.
Warburg Pincus Small
Company Value ....................EQAT Primarily in a portfolio of equity securities Long-term capital appreciation.
of small capitalization companies (i.e.,
companies having market capitalizations of
$1 billion or less at the time of initial
purchase) that the Portfolio adviser
considers to be relatively undervalued.
Merrill Lynch World
Strategy..........................EQAT Primarily equity and fixed income securities, High total investment return.
including convertible securities, of U.S.
and foreign issuers.
Merrill Lynch Basic
Value Equity......................EQAT Securities, primarily equities, that the Capital appreciation and,
Portfolio adviser believes are undervalued secondarily income.
and therefore represent basic investment value.
</TABLE>
19
<PAGE>
ON PAGE 27, THE INFORMATION UNDER THE HEADING "INVESTMENT FUND PERFORMANCE" IS
DELETED AND REPLACED BY THE FOLLOWING:
In order to help show how the actual performance of Investment Funds has
affected the Annuity Account Values, the following tables provide a historical
view of investment performance for each of the Funds included. The information
presented includes performance results along with data representing unmanaged
market indices and similarly managed funds.
HRT PORTFOLIOS
The performance for all periods has been adjusted to reflect the Separate
Account asset charges as well as applicable Trust expenses. No performance is
shown for the Alliance Small Cap Growth Fund. See "EQAT Portfolios and Alliance
Small Cap Growth Portfolio," below, for details.
Performance data for the Alliance Money Market, Alliance Balanced, Alliance
Common Stock and Alliance Aggressive Stock Funds shown in this section include
periods prior to December 18, 1987, when four predecessor open-end management
separate accounts were reorganized into the Separate Account in unit investment
trust form. (See Part 6 of the SAI.) The "since inception" figures are based on
the date of inception of the predecessor separate accounts. Also, the
performance data shown from December 18, 1987 through December 31, 1990 reflects
the investment results of The Equitable Trust, which was replaced by HRT on
September 6, 1991. The investment objectives and policies of the Portfolios are
substantially similar to those of the corresponding portfolios of The Equitable
Trust. At all times, Equitable Life and/or one of its subsidiaries has served as
the investment adviser to the four predecessor separate accounts, The Equitable
Trust and the HRT. Performance data for the remaining Investment Funds reflect
(i) the investment results of the corresponding Portfolios of the HRT from the
date of inception of those Portfolios, (ii) the actual investment advisory fee
and direct operating expenses of the relevant Portfolio and (iii) the Separate
Account asset charges.
EQAT PORTFOLIOS AND ALLIANCE SMALL CAP GROWTH PORTFOLIO
Additional investment performance information appears in the attached HRT and
EQAT prospectuses.
The Alliance Small Cap Growth Portfolio of HRT commenced operations on May 1,
1997. Therefore, no actual historical performance data are available. However,
historical performance of six other advisory accounts managed by Alliance is
described in the attached HRT prospectus. According to that prospectus, these
accounts have substantially the same investment objectives and policies and are
managed in accordance with essentially the same investment strategies and
techniques as those of the Alliance Small Cap Growth Portfolio. It should be
noted that these accounts are not subject to certain of the requirements and
restrictions to which the Alliance Small Cap Growth Portfolio is subject and
that they are managed for tax exempt clients of Alliance. The investment
performance information included in the HRT prospectus for all Portfolios other
than the Alliance Small Cap Portfolio is based on actual historical performance.
The investment performance data for HRT's Alliance Small Cap Portfolio and for
each of the Portfolios of EQAT, contained in the HRT and the EQAT prospectuses,
are provided by those prospectuses to illustrate the past performance of each
respective Portfolio adviser in managing a substantially similar investment
vehicle as measured against specified market indices and do not represent the
past or future performance of any Portfolio. None of the performance data
contained in the HRT and EQAT prospectuses reflect fees and charges imposed
under your Contract, which fees and charges would reduce such performance
figures. Therefore, the performance data for each of the Portfolios described in
the EQAT prospectus and for the Alliance Small Cap Portfolio in the HRT
prospectus may be of limited use and are not intended to be a substitute for
actual performance of the corresponding Portfolios, nor are such results an
estimate or guarantee of future performance for these Portfolios.
HOW PERFORMANCE DATA ARE PRESENTED FOR HRT FUNDS
Because amounts allocated to the Investment Funds are invested in a mutual fund,
investment return and principal will fluctuate and Accumulation Units may be
worth more or less than the original cost when redeemed. The results shown are
not an estimate or guarantee of future investment performance, and do not
reflect the actual experience of amounts invested under a particular Contract.
ON PAGE 28, THE FOLLOWING INFORMATION IS ADDED AT THE END OF "INCEPTION DATES
AND COMPARATIVE BENCHMARKS":
ALLIANCE SMALL CAP GROWTH: May 1, 1997; Russell 2000 Growth Index (Russell 2000
Gr).
T. ROWE PRICE INTERNATIONAL STOCK: May 1, 1997; Morgan Stanley Capital
International World Index (MSCI World).
20
<PAGE>
T. ROWE PRICE EQUITY INCOME: May 1, 1997; Standard & Poor's 500 Index (S&P 500).
EQ/PUTNAM GROWTH & INCOME VALUE: May 1, 1997; Standard & Poor's 500 Index (S&P
500).
EQ/PUTNAM BALANCED: May 1, 1997; Standard & Poor's 500 Index (S&P 500).
MFS RESEARCH: May 1, 1997; Standard & Poor's 500 Index (S&P 500).
MFS EMERGING GROWTH COMPANIES: May 1, 1997; Russell 2000.
MORGAN STANLEY EMERGING MARKETS EQUITY: on or about September 2, 1997; IFC Total
Global Return.
WARBURG PINCUS SMALL COMPANY VALUE: May 1, 1997; Russell 2000.
MERRILL LYNCH WORLD STRATEGY: May 1, 1997; 36% S&P 500/24% EAFE/21% Salomon
Brothers US Treasury Bond 1 Year+/14% Salomon Brothers World Government Bond Ex
US/5% 3-Month T-bill.
MERRILL LYNCH BASIC VALUE EQUITY: May 1, 1997; Standard & Poor's 500 Index (S&P
500).
21
<PAGE>
ON PAGE 29, THE HEADING AND THE CHART ARE REPLACED BY THE FOLLOWING:
<TABLE>
<CAPTION>
- ------------------------------------------------------------------------------------------------------------------------------------
EQUI-VEST ANNUALIZED RATES OF RETURN FOR PERIODS ENDED DECEMBER 31, 1996:
- ------------------------------------------------------------------------------------------------------------------------------------
PORTFOLIO
SINCE INCEPTION
1 YEAR 3 YEARS 5 YEARS 10 YEARS 20 YEARS INCEPTION DATE
- ----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C>
ALLIANCE MONEY MARKET 3.90% 3.61% 2.91% 4.50% -- 5.52% 5/11/82
Lipper Money Market 3.82 3.60 2.93 4.52 -- 5.76
3-Month T-Bill 5.25 5.07 4.37 5.67 -- 6.58
ALLIANCE INTERMEDIATE
GOVERNMENT SECURITIES 2.38 2.60 4.18 -- -- 5.51 4/1/91
Lipper U.S. Government 1.57 3.99 5.21 -- -- 6.76
Lehman Intermediate Government 4.06 5.37 6.23 -- -- 7.43
ALLIANCE QUALITY BOND 3.94 3.96 -- -- -- 3.38 10/1/93
Lipper Corporate Bond A-Rated 1.31 4.01 -- -- -- 3.49
Lehman Aggregate 3.63 6.03 -- -- -- 5.57
ALLIANCE HIGH YIELD 21.23 11.22 13.11 -- -- 9.91 1/2/87
Lipper High Yield 12.46 7.93 11.47 -- -- 9.13
Master High Yield 11.06 9.59 12.76 -- -- 11.24
ALLIANCE GROWTH & INCOME 18.47 12.47 -- -- -- 11.25 10/1/93
Lipper Growth & Income 19.96 15.39 -- -- -- 14.78
75% S&P 500/25% Value Line Conv. 21.28 17.93 -- -- -- 17.24
ALLIANCE EQUITY INDEX 20.73 -- -- -- -- 18.67 3/1/94
Lipper S&P 500 Index Funds 21.10 -- -- -- -- 18.87
S&P 500 22.96 -- -- -- -- 20.90
ALLIANCE COMMON STOCK 22.55 15.61 14.14 14.34 14.04% 11.05 8/1/68
Lipper Growth 18.78 14.80 12.39 13.08 13.60 N/A
S&P 500 22.96 19.66 15.20 15.28 14.55 11.57
ALLIANCE GLOBAL 13.06 11.23 11.97 -- -- 10.21 8/27/87
Lipper Global 17.89 8.49 10.29 -- -- 3.65
MSCI World 13.48 12.91 10.82 -- -- 7.44
ALLIANCE INTERNATIONAL 8.33 -- -- -- -- 10.33 4/3/95
Lipper International 13.36 -- -- -- -- 14.33
MSCI EAFE 6.05 -- -- -- -- 8.74
ALLIANCE AGGRESSIVE STOCK 20.54 14.10 10.32 16.20 -- 18.06 5/1/84
Lipper Small Company Growth 16.55 12.70 17.53 16.29 -- 18.19
50% Russell 2000/50% S&P MidCap 17.85 14.14 14.80 14.29 -- 15.18
The Alliance Asset Allocation Series:
ALLIANCE CONSERVATIVE
INVESTORS 3.79 5.27 5.87 -- -- 7.56 10/2/89
Lipper Income 8.95 8.91 9.55 -- -- 9.55
70% Lehman Treas./30% S&P 500 8.78 10.14 9.64 -- -- 1.42
ALLIANCE BALANCED 10.16 5.69 4.63 8.78 -- 10.16 5/1/84
Lipper Flexible Portfolio 12.51 9.26 9.30 10.07 -- 11.33
50% S&P 500/50% Lehman Corp. 12.93 13.15 11.47 12.30 -- 14.05
ALLIANCE GROWTH INVESTORS 11.09 9.80 9.27 -- -- 14.02 10/2/89
Lipper Flexible Portfolio 12.51 9.26 9.30 -- -- 9.99
30% Lehman Corp./70% S&P 500 16.94 15.84 13.02 -- -- 12.73
</TABLE>
22
<PAGE>
ON PAGE 30, THE HEADING AND THE CHART ARE REPLACED BY THE FOLLOWING:
<TABLE>
<CAPTION>
- ------------------------------------------------------------------------------------------------------------------------------------
EQUI-VEST CUMULATIVE RATES OF RETURN FOR PERIODS ENDED DECEMBER 31, 1996:
- ------------------------------------------------------------------------------------------------------------------------------------
PORTFOLIO
SINCE INCEPTION
1 YEAR 3 YEARS 5 YEARS 10 YEARS 20 YEARS INCEPTION DATE
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C>
ALLIANCE MONEY MARKET 3.90% 11.23% 15.43% 55.23% -- 119.61% 5/11/82
Lipper Money Market 3.82 11.18 15.58 55.73 -- 127.67
3-Month T-Bill 5.25 15.99 23.86 73.61 -- 184.26
ALLIANCE INTERMEDIATE
GOVERNMENT SECURITIES 2.38 8.00 22.73 -- -- 36.15 4/1/91
Lipper U.S. Government 1.57 12.45 28.92 -- -- 42.71
Lehman Intermediate Government 4.06 16.98 35.30 -- -- 51.07
ALLIANCE QUALITY BOND 3.94 12.37 -- -- -- 11.42 10/1/93
Lipper Corporate Bond A-Rated 1.31 12.53 -- -- -- 11.83
Lehman Aggregate 3.63 19.19 -- -- -- 19.27
ALLIANCE HIGH YIELD 21.23 37.57 85.17 -- -- 157.19 1/2/87
Lipper High Yield 12.46 25.77 72.39 -- -- 142.30
Master High Yield 11.06 31.63 82.29 -- -- 190.43
ALLIANCE GROWTH & INCOME 18.47 42.26 -- -- -- 41.42 10/1/93
Lipper Growth & Income 19.96 53.82 -- -- -- 56.73
75% S&P 500/25% Value Line Conv. 21.28 63.99 -- -- -- 67.75
ALLIANCE EQUITY INDEX 20.73 -- -- -- -- 62.50 3/1/94
Lipper S&P 500 Index Funds 21.10 -- -- -- -- 63.19
S&P 500 22.96 -- -- -- -- 71.28
ALLIANCE COMMON STOCK 22.55 54.53 93.70 282.02 1,283.96% 1,867.29 8/1/68
Lipper Growth 18.78 51.65 80.51 243.70 1,185.21 N/A
S&P 500 22.96 71.34 102.85 314.34 1,416.26 2,148.57
ALLIANCE GLOBAL 13.06 37.60 76.03 -- -- 148.04 8/27/87
Lipper Global 17.89 28.45 63.87 -- -- 39.73
MSCI World 13.48 43.95 67.12 -- -- 95.62
ALLIANCE INTERNATIONAL 8.33 -- -- -- -- 18.73 4/3/95
Lipper International 13.36 -- -- -- -- 26.53
MSCI EAFE 6.05 -- -- -- -- 15.78
ALLIANCE AGGRESSIVE STOCK 20.54 48.55 63.44 348.77 -- 719.03 5/1/84
Lipper Small Company Growth 16.55 43.42 142.70 362.31 730.33
50% Russell 2000/50% S&P MidCap 17.85 48.69 99.38 280.32 499.78
The Alliance Asset Allocation Series:
ALLIANCE CONSERVATIVE
INVESTORS 3.79 16.66 33.03 -- -- 69.64 10/2/89
Lipper Income 8.95 29.47 58.37 -- -- 94.21
70% Lehman Treas./30% S&P 500 8.78 33.60 58.40 -- -- 105.23
ALLIANCE BALANCED 10.61 18.06 25.39 131.92 -- 240.64 5/1/84
Lipper Flexible Portfolio 12.51 30.84 56.65 162.33 -- 291.87
50% S&P 500/50% Lehman Corp. 12.93 44.87 72.14 218.95 -- 429.51
ALLIANCE GROWTH INVESTORS 11.09 32.36 55.80 -- -- 158.86 10/2/89
Lipper Flexible Portfolio 12.51 30.84 56.65 -- -- 100.79
30% Lehman Corp./70% S&P 500 16.94 55.46 84.42 -- -- 138.49
</TABLE>
23
<PAGE>
YEAR-BY-YEAR RATES OF RETURN
ALLIANCE
ALLIANCE INTERMEDIATE ALLIANCE ALLIANCE ALLIANCE ALLIANCE
MONEY GOVERNMENT QUALITY HIGH GROWTH & EQUITY
MARKET SECURITIES BOND YIELD INCOME INDEX
- ----------------------------------------------------------------------------
1987 5.23% --% --% 3.27*% --% --%
1988 5.94 -- -- 8.25 -- --
1989 7.72 -- -- 3.71 -- --
1990 6.82 -- -- (2.43) -- --
1991 4.69 10.94* -- 22.78 -- --
1992 2.16 4.17 -- 10.80 -- --
1993 1.58 9.09 (0.84)* 21.48 (0.59)* --
1994 2.62 (5.65) (6.37) (4.09) (1.90) (0.04)*
1995 4.32 11.81 15.46 18.32 22.42 34.66
1996 3.90 2.38 3.94 21.23 18.47 20.73
<TABLE>
<CAPTION>
ALLIANCE ALLIANCE ALLIANCE ALLIANCE ALLIANCE
COMMON ALLIANCE INTER- AGGRESSIVE CONSERVATIVE ALLIANCE GROWTH
STOCK GLOBAL NATIONAL STOCK INVESTORS BALANCED INVESTORS
- ---------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C>
1987 6.08% (13.67)*% --% (1.13)% --% (5.05)% --%
1988 21.55 9.38 -- (0.39) -- 13.27 --
1989 24.07 25.02 -- 42.87 2.75* 24.60 3.65*
1990 (9.27) (7.33) -- 5.73 4.97 (1.46) 9.12
1991 35.81 28.79 -- 84.57 18.23 40.02 46.90
1992 1.82 (1.86) -- (4.47) 4.36 (4.15) 3.52
1993 23.11 30.34 -- 15.17 9.27 10.80 13.71
1994 (3.48) 3.82 -- (5.11) (5.38) (9.27) (4.44)
1995 30.64 17.23 9.60* 29.87 18.79 18.13 24.68
1996 22.55 13.06 8.33 20.54 3.79 10.16 11.09
</TABLE>
- --------------------
* Unannualized
ON PAGE 31, THE CHARTS ARE DELETED AND REPLACED BY THE FOLLOWING:
TABLE 1: GROWTH OF $1,000 FOR CONTRACTS TERMINATED ON DECEMBER 31, 1996
Length of Investment Period
- --------------------------------------------------------------------------------
Investment One Three Five Ten Since
Fund Year Years Years Years Inception*
- --------------------------------------------------------------------------------
Alliance Money
Market $ 963.24 $ 982.17 $ 960.08 $ 1,221.18 --
Alliance
Intermediate
Government
Securities 949.10 952.85 1,025.09 -- $1,127.20
Alliance Quality
Bond 963.61 992.54 -- -- 975.81
Alliance High
Yield 1,123.88 1,224.90 1,598.29 -- 2,072.07
Alliance Growth &
Income 1,098.29 1,266.67 -- -- 1,252.94
Alliance Equity
Index 1,119.29 -- -- -- 1,081.23
Alliance Common
Stock 1,136.16 1,375.88 1,676.60 3,169.02 --
Alliance Global 1,048.12 1,225.18 1,513.97 -- 2,025.64
Alliance
International 1,004.29 -- -- -- 1,081.23
Alliance Aggressive
Stock 1,118.34 1,325.71 1,396.55 3,833.29 --
Alliance Asset
Allocation
Series:
Alliance
Conservative
Investors 962.20 1,031.54 1,119.54 -- 1,400.08
Alliance Balanced 1,021.26 1,044.57 1,042.89 1,872.86 --
Alliance Growth
Investors 1,029.88 1,178.49 1,331.39 -- 2,205.93
- --------------------------------------------------------------------------------
TABLE 2: AVERAGE ANNUAL TOTAL RETURN UNDER CONTRACTS TERMINATED ON DECEMBER
31, 1996
Length of Investment Period
- --------------------------------------------------------------------------------
Investment One Three Five Ten Since
Fund Year Years Years Years Inception*
- --------------------------------------------------------------------------------
Alliance Money
Market -3.68% -0.60% -0.81% 2.02% --
Alliance
Intermediate
Government
Securities -5.09 -1.60 0.50 -- 2.10
Alliance Quality
Bond -3.64 -0.25 -- -- -0.75
Alliance High
Yield 12.39 7.00 9.83 -- 7.56
Alliance Growth &
Income 9.83 8.20 -- -- 7.18
Alliance Equity
Index 11.93 -- -- -- 14.15
Alliance Common
Stock 13.62 11.22 10.89 12.23 --
Alliance Global 4.81 7.00 8.65 -- 7.84
Alliance
International 0.43 -- -- -- 4.57
Alliance Aggressive
Stock 11.83 9.85 6.91 14.38 --
Alliance Asset
Allocation
Series:
Alliance
Conservative
Investors -3.78 1.04 2.28 -- 4.75
Alliance Balanced 2.13 1.46 0.84 6.48 --
Alliance Growth
Investors 2.99 5.63 5.89 -- 11.53
- --------------------------------------------------------------------------------
* Inception dates are as follows: Alliance Money Market (May 11, 1982); Alliance
Intermediate Government Securities (April 1, 1991); Alliance Quality Bond
(October 1, 1993); Alliance High Yield (January 2, 1987); Alliance Growth &
Income (October 1, 1993); Alliance Equity Index (March 1, 1994); Alliance
Common Stock (August 1, 1968); Alliance Global (August 27, 1987); Alliance
International (April 3, 1995); Alliance Aggressive Stock (May 1, 1984);
Alliance Conservative Investors (October 2, 1989); Alliance Balanced (May 1,
1984) and Alliance Growth Investors (October 2, 1989).
24
<PAGE>
ON PAGE 36, THE LAST PARAGRAPH UNDER THE HEADING "PART 4: THE GUARANTEED
INTEREST ACCOUNT" IS DELETED AND REPLACED BY THE FOLLOWING:
The yearly guaranteed interest rate for 1997 is 4% and for 1998 is 4%. The
yearly guaranteed interest rate will never be less than the minimum Contract
guarantee of 3% (4% for EQUI-VEST Corporate Trusteed Contracts, Series 100 and
200 NQ group certificates).
ON PAGE 37, THE FIRST PARAGRAPH UNDER THE HEADING "ALLOCATIONS TO FIXED MATURITY
PERIODS" IS DELETED AND REPLACED BY THE FOLLOWING:
The Fixed Maturity Account is only available under the EQUI-VEST Series 400 IRA,
QP IRA and NQ Contracts.
ON PAGE 37, THE INFORMATION UNDER THE HEADING "AVAILABILITY OF FIXED MATURITY
PERIODS" IS DELETED AND REPLACED BY THE FOLLOWING:
Fixed Maturity Periods are available as Investment Options only to Owners of
Series 400 IRA, QP IRA and NQ Contracts. This option is not available for
Contracts issued in Maryland.
We offer Fixed Maturity Periods ending on June 15 (or the preceding Business
Day) for each of the maturity years 1997 through 2007. Not all Fixed Maturity
Periods will be available in all states. As Fixed Maturity Periods expire, we
expect to add maturity years so that generally ten are available in most states
at any time.
ON PAGE 37, THE THIRD PARAGRAPH UNDER THE HEADING "RATES TO MATURITY AND PRESENT
VALUE PER $100 OF MATURITY AMOUNT" IS DELETED AND REPLACED BY THE FOLLOWING:
The Rates to Maturity that are available for new contributions can be obtained
from your Equitable Representative or by calling our Customer Service line at
(800) 628-6673 (effective in early June 1997).
ON PAGE 40, THE CHART IS DELETED AND REPLACED BY THE FOLLOWING:
- --------------------------------------------------------------------------------
TSA, SEP, EDC, Annuitant-Owned HR-10 and Trusteed Series 100
Contracts issued before August 17, 1995. IRA, QP IRA and
NQ Contracts issued before January 3, 1994.
- --------------------------------------------------------------------------------
TSA, EDC, Annuitant-Owned HR-10 and Trusteed Contracts Series 200
issued on or after August 17, 1995. SEP Contracts issued
on or after August 17, 1995 and before November 1, 1995
and currently in a state where the Series 300 Contract
has not been approved.
- --------------------------------------------------------------------------------
IRA, QP IRA and NQ Contracts issued on or after January Series 300
3, 1994 and before the date Series 400 Contracts became
available in a state; and SEP Contracts issued on or
after November 1, 1995 in states which have approved
the Series 300 Contract.
- --------------------------------------------------------------------------------
IRA, QP IRA, and NQ Contracts issued on or after July 10, Series 400
1995 in states where approved. SIMPLE IRA Contracts in
all approved states. (We reserve the right to issue a
Series 200 or 300 SIMPLE IRA Contract, as necessary,
for states not approving the Series 400 version.)
- --------------------------------------------------------------------------------
ON PAGE 40, THE INFORMATION IN THE BULLETED PARAGRAPH HEADED "MAXIMUM TRANSFER
FLEXIBILITY" IS DELETED AND REPLACED BY THE FOLLOWING:
o Maximum Transfer Flexibility, allowing you to allocate contributions to the
Guaranteed Interest Account and any Investment Funds except the Alliance
Conservative Investors, Alliance Money Market, Alliance Intermediate
Government Securities, Alliance Quality Bond, or Alliance High Yield Funds; no
transfer restrictions apply.
ON PAGE 40, THE FOLLOWING IS ADDED AFTER THE FIRST PARAGRAPH UNDER THE HEADING
"CONTRIBUTIONS UNDER THE CONTRACTS":
You may be able to move amounts you have invested with another carrier to your
EQUI-VEST Contract. To make such a change, funds must be remitted via wire or
check. Therefore, any assets accumulated under an existing program will have to
be liquidated. For example, existing insurance policies and annuity contracts
funding a qualified plan must be converted into cash.
25
<PAGE>
ON PAGES 41 THROUGH 42, THE INFORMATION UNDER THE HEADING "AUTOMATIC INVESTMENT
PROGRAM" IS DELETED AND REPLACED BY THE FOLLOWING:
Our Automatic Investment Program (AIP) provides for a specified amount to be
automatically deducted from a bank checking account, bank money market account
or credit union checking account and to be contributed into an IRA or NQ
Contract on a monthly basis. AIP may be available to owners, or in some cases,
Annuitants, in other markets in the future. AIP contributions may be made to any
Investment Option available under your Contract except the Fixed Maturity
Periods. You may elect AIP by properly completing the appropriate form, which is
available from your Equitable Representative, and returning it to our Processing
Office. You elect which day of the month (other than the 29th, 30th or 31st) you
wish to have your bank account debited. That date, or the next Business Day if
that day is a non-Business Day, will be the Transaction Date. AIP is not
available to QP IRA Contract Owners.
You may cancel AIP at any time by notifying our Processing Office in writing at
least two business days prior to the next scheduled transaction. Equitable Life
is not responsible for any debits made to your account prior to the time written
notice of revocation is received at our Processing Office.
ON PAGES 42 THROUGH 43, THE INFORMATION UNDER THE HEADING "ACCUMULATION UNIT
VALUES" IS DELETED AND REPLACED BY THE FOLLOWING:
The following tables show the Accumulation Unit Values, as of the last Business
Day for the periods shown, commencing with the initial offering of each Fund
under the Contracts indicated below. No Accumulation Unit Values are shown for
the Funds in EQAT and Alliance Small Cap Growth Portfolio because the initial
offering date of those Funds is after the date of this prospectus.
<TABLE>
<CAPTION>
- ---------------------------------------------------------------------------------------
EQUI-VEST: SERIES 100 AND 200
Alliance
Last Alliance Intermediate Alliance Alliance Alliance Alliance
Business Money Government Quality High Growth Equity
Day of Market Securities Bond Yield & Income Index
- ---------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C>
December 1987 $19.18 -- -- -- -- --
December 1988 20.32 -- -- -- -- --
December 1989 21.89 -- -- -- -- --
December 1990 23.38 -- -- -- -- --
December 1991 24.48 -- -- -- -- --
December 1992 25.01 -- -- -- -- --
December 1993 25.41 -- -- -- -- --
December 1994 26.08 $ 98.19 $ 93.87 $ 95.88 $ 98.86 $100.95
December 1995 27.22 109.80 108.38 113.44 121.02 135.94
December 1996 28.28 112.40 112.65 137.53 143.37 164.12
March 1997 28.54 112.11 111.99 137.81 144.17 167.72
- ---------------------------------------------------------------------------------------
</TABLE>
<TABLE>
<CAPTION>
- -------------------------------------------------------------------------------------------------------------
EQUI-VEST: SERIES 100 AND 200
Last Alliance Alliance Alliance Alliance Alliance
Business Common Alliance Inter- Aggressive Conservative Alliance Growth
Day of Stock Global national Stock Investors Balanced Investors
- -------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C>
December 1987 $ 55.30 -- -- $18.15 -- $13.95 --
December 1988 67.22 -- -- 18.09 -- 15.80 --
December 1989 83.40 -- -- 25.86 -- 19.69 --
December 1990 75.67 -- -- 27.36 -- 19.40 --
December 1991 102.76 -- -- 50.51 -- 27.17 --
December 1992 104.63 -- -- 48.30 -- 26.04 --
December 1993 128.80 -- -- 55.68 -- 28.85 --
December 1994 124.32 $104.12 -- 52.88 $ 95.10 26.18 $ 96.31
December 1995 162.42 122.06 $104.15 68.73 112.97 30.92 120.08
December 1996 199.05 138.00 112.83 82.91 117.25 34.06 133.40
March 1997 191.23 133.09 111.37 80.80 115.83 33.31 180.55
- -------------------------------------------------------------------------------------------------------------
</TABLE>
<TABLE>
<CAPTION>
- ------------------------------------------------------------------------------------------------
EQUI-VEST: SERIES 300 AND 400
Alliance
Last Alliance Money Intermediate Alliance Alliance Alliance Alliance
Business Market Government Quality High Growth Equity
Day of Securities Bond Yield & Income Index
- ------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C>
December 1994 $102.61 $ 98.19 $ 93.87 $ 95.88 $ 98.86 $100.95
December 1995 107.04 109.80 108.38 113.44 121.02 135.94
December 1996 111.21 112.40 112.65 137.53 143.37 164.12
March 1997 112.22 112.11 111.99 137.81 144.17 167.72
- ------------------------------------------------------------------------------------------------
</TABLE>
<TABLE>
<CAPTION>
- --------------------------------------------------------------------------------------------------------------
EQUI-VEST: SERIES 300 AND 400
Last Alliance Alliance Alliance Alliance Alliance
Business Common Alliance Inter- Aggressive Conservative Alliance Growth
Day of Stock Global national Stock Investors Balanced Investors
- --------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C>
December 1994 $ 97.03 $104.12 -- $ 95.45 $ 95.10 $ 91.64 $ 96.31
December 1995 126.78 122.06 $104.15 123.95 112.97 108.26 120.08
December 1996 155.42 138.00 112.83 149.41 117.25 119.26 133.40
March 1997 149.33 133.09 111.37 145.58 115.83 116.61 130.55
- --------------------------------------------------------------------------------------------------------------
</TABLE>
ON PAGE 43, THE FIRST PARAGRAPH AND THE FIRST BULLET UNDER THE HEADING
"TRANSFERS" ARE DELETED AND REPLACED BY THE FOLLOWING:
You may transfer all or portions of your Annuity Account Value among the
Investment Options you have chosen at any time, subject to the restrictions
stated below. The amount transferred must be at least $300 or, if less, the
entire amount in the Investment Option. We reserve the right to waive the $300
minimum transfer requirement.
o If you have not selected the Alliance Conservative Investors, Alliance Money
Market, Alliance Intermediate Government Securities, Alliance Quality Bond or
Alliance High Yield Fund, no transfer restrictions will apply under your
Contract.
26
<PAGE>
ON PAGE 45, THE LAST SENTENCE OF THE CARRYOVER PARAGRAPH IS DELETED.
ON PAGE 45, THE INFORMATION UNDER THE HEADING "ASSIGNMENT AND FUNDING CHANGES"
IS DELETED AND REPLACED BY THE FOLLOWING:
Generally, the Contract Owner may not assign a Contract for any purpose other
than to effect a tax-free exchange; however, a trustee owner of a Trusteed
Contract can transfer ownership to the Annuitant. We will not be bound by an
assignment unless it is in writing and we have received it at the Processing
Office. In some cases, an assignment may have adverse tax consequences. See
"Part 10: Federal Tax and ERISA Matters."
An employer or trustee can change the funding vehicle for an EDC or Trusteed
Contract, respectively. You can change the funding vehicle for an NQ, TSA, IRA,
SIMPLE IRA or SEP Contract.
ON PAGE 46, THE INFORMATION IN THE SECOND AND THIRD PARAGRAPHS UNDER THE HEADING
"REQUIREMENTS FOR DISTRIBUTIONS" ARE DELETED AND REPLACED BY THE FOLLOWING:
IRA, EDC, Annuitant-Owned HR-10, SEP, SIMPLE IRA, TSA and Trusteed Contracts are
subject to the Code's minimum distribution requirements for qualified plans.
Generally, distributions from these Contracts, except for all types of IRAs and
any contract where the annuitant is a 5% business owner, must commence by the
later of April 1st of the calendar year following the calendar year in which the
annuitant attains age 70 1/2, or retires from service with the employer
sponsoring the plan. Subsequent distributions must be made by December 31st of
each calendar year. If the required minimum distribution is not made, a penalty
tax in an amount equal to 50% of the difference between the amount required to
be withdrawn and the amount actually withdrawn may apply. See "Part 10: Federal
Tax and ERISA Matters" for a discussion of various special rules concerning the
minimum distribution requirements.
In addition, distributions from a qualified plan, including our prototype plans
through which Annuitant-Owned HR-10 Contracts are issued, are subject to the
provisions of the plan document. For IRA and SIMPLE IRA retirement benefits
subject to minimum distribution requirements, we will send a form listing the
distribution options available during the year you attain age 70 1/2 (if you
have not annuitized before that time).
ON PAGE 47, THE LAST SENTENCE OF THE FIRST BULLETED PARAGRAPH IS DELETED.
ON PAGE 47, THE FIRST PARAGRAPH UNDER THE HEADING "FIXED AND VARIABLE ANNUITY
FORMS" IS DELETED AND REPLACED BY THE FOLLOWING:
We offer the annuity distribution options outlined above in fixed form. In
variable form, only the following options are available: Life Annuity (except in
New York), Life Annuity - Period Certain and Joint and Survivor Life and Life
Period Certain Annuity (100% to Survivor). Life annuity distribution options are
not available for Annuitants in governmental EDC plans in New York. Fixed
annuity payments, funded through our general account, do not change and will be
based on the tables of guaranteed annuity payments in your Contract or on our
then current annuity rates, whichever is more favorable for the Annuitant. For
all Annuitants, the normal form of annuity provides for fixed payments. Variable
payments will be funded through your choice of HRT Investment Funds through the
purchase of annuity units. The amount of each variable annuity payment may
fluctuate, depending upon the performance of the Investment Fund. Variable
benefits are not allowed for governmental EDC plans in New York. See "Annuity
Unit Values" in the SAI.
ON PAGE 48, THE INFORMATION IN THE THIRD PARAGRAPH IS DELETED AND REPLACED BY
THE FOLLOWING:
A $350 administrative charge will generally apply upon the election of a life
contingent annuity distribution option. In no event will a Contract Owner ever
receive less than the minimum amounts guaranteed by the Contract.
ON PAGE 48, THE INFORMATION IN THE FIRST PARAGRAPH UNDER THE HEADING "SYSTEMATIC
WITHDRAWAL" IS DELETED AND REPLACED BY THE FOLLOWING:
o SYSTEMATIC WITHDRAWAL: You may elect either at the time of Contract issue or
anytime thereafter to have an amount periodically withdrawn from your
Contract. (Currently not available for EDC, Trusteed, HR-10 Annuitant-Owned
Contracts, or if a TSA Contract has an outstanding loan.) A check for the
amount withdrawn will be made payable to you and mailed to your address or, if
you prefer, we will electronically transfer the money to your checking
account. You determine on which day of the month (1st through 28th) you wish
to have the Systematic Withdrawal occur. A minimum Annuity Account Value in
the Investment Funds and the Guaranteed Interest Account of $20,000 is
required at the time this feature is elected and you may terminate it at any
time.
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ON PAGE 49, THE FOLLOWING INFORMATION IS ADDED BEFORE THE BULLET WITH THE
HEADING "DEPOSIT OPTION":
o REQUIRED MINIMUM DISTRIBUTIONS OPTION: We offer a payment option, which we
call "Required Minimum Distributions Option," which is intended to meet the
general minimum distribution requirements applicable to qualified plans, IRAs,
SEPs, SIMPLE IRAs, TSAs, and EDC Contracts. See "Part 10: Federal Tax and ERISA
Matters." You may elect the Required Minimum Distributions Option if the
Annuitant is at least age 70 1/2 and your Contract has an Annuity Account Value
in the Investment Funds and the Guaranteed Interest Account of at least $2,000.
You can elect the Required Minimum Distributions Option by filing the proper
election form with us. If you elect the Required Minimum Distributions Option,
we will pay out of the Annuity Account Value in the Investment Funds and the
Guaranteed Interest Account an amount which the Code requires to be distributed
from your Contract. If such amounts are insufficient and you hold amounts in the
Fixed Maturity Account, we will then pay out required amounts from the Fixed
Maturity Account. In performing this calculation, we assume that the only funds
subject to the Code's minimum distribution requirements are those held under
your Contract. We calculate the Required Minimum Distributions Option amount
based on the information you give us, the various choices you make and certain
assumptions, including the assumption that you are required by law to receive a
minimum distribution. Currently, the Required Minimum Distributions Option
payments will be made annually. We are not responsible for errors that result
from inaccuracies in the information you provide. The choices you can make are
described in Part 3 of the SAI.
You may elect the Required Minimum Distributions Option for each Contract you
own, subject to our rules then in effect. This election is revocable except
for EDC Contracts. The Required Minimum Distributions Option is not available
under Contracts that have an outstanding loan. Generally electing this option
does not restrict making partial withdrawals, or subsequently electing an
annuity distribution option.
The minimum check that will be sent is $300, or, if less, your Annuity Account
Value. If, after the deduction of the amount of the minimum distribution, the
total Annuity Account Value is less than $500, we may terminate the Contract
and pay the Cash Value. See "Partial Withdrawals and Termination" above.
Any applicable withdrawal charges will be deducted in addition to the amount
distributed under the Required Minimum Distributions Option. Withdrawal
charges will be deducted on a pro rata basis from the Investment Funds and the
Guaranteed Interest Account or, if there is an insufficient amount in these
Options, on a pro rata basis from the Fixed Maturity Periods. See "Contingent
Withdrawal Charge" in Part 8.
If you have an EQUI-VEST TSA that was purchased before December 31, 1986 or a
TSA purchased from another carrier before December 31, 1986 and subsequently
transferred to an EQUI-VEST TSA, the amount of your pre-1987 account balance
is not subject to the minimum distribution rules at age 70 1/2. However,
post-1986 salary reduction contributions and all earnings since that date are
subject to minimum distribution requirements of Code Section 401(a)(9).
ON PAGE 50, THE INFORMATION IN THE SECOND AND THIRD PARAGRAPHS IS DELETED AND
REPLACED BY THE FOLLOWING:
If no benefit option is in effect at the Annuitant's death, the beneficiary can
select a lump sum option or one of the forms of annuity benefit. Under an
EQUI-VEST NQ Contract, where the Annuitant and Owner are not the same, the
beneficiary at the death of the Owner may elect to continue the Contract by
deferring payment of the entire amount in the Investment Options for a period of
five years from the death of the Original owner; the beneficiary may also elect
to receive payments within one year of the original owner's death in the form of
a life annuity or installment option for a period of not longer than the life
expectancy of the beneficiary.
At the time of payment, subject to our rules in effect, the beneficiary may
elect to apply the single sum payment to a new EQUI-VEST NQ Contract which will
be owned by the beneficiary.
In either of the above cases, we will issue a 1099R form for the year of payment
advising the Internal Revenue Service of the distribution from the original
EQUI-VEST NQ Contract.
Under all Contracts, any option selected must provide for distribution of the
Annuity Account Value within the period of time permitted by the Code. For EDC
Contracts, benefits must be distributed within a period not to exceed 15 years
(or within the period of the life expectancy of the surviving spouse if the
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spouse is the designated beneficiary). See "Part 9: Federal Tax and ERISA
Matters."
If a lump sum is selected, it is generally paid through the Equitable Life
Access Account(TM), an interest bearing checking account. A beneficiary has
immediate access to the proceeds by writing a check on the account. We pay
interest from the date the lump sum is deposited into the Access Account until
the date the Access Account is closed.
ON PAGE 61, THE CHART AND THE PARAGRAPH FOLLOWING THE CHART ARE DELETED AND
REPLACED BY THE FOLLOWING INFORMATION:
Investment advisory fees are established under investment advisory agreements
between HRT and its investment manager, Alliance, and between EQAT, EQ
Financial, as Manager and the EQAT Advisors. All of these fees and expenses are
described more fully in the prospectuses of HRT and EQAT. Since shares are
purchased at their net asset value, these fees and expenses are, in effect,
passed on to the Separate Account and are reflected in the Accumulation Unit
Values for the Investment Funds. The maximum fees are as follows:
- --------------------------------------------------------------------------------
MAXIMUM INVESTMENT
HRT PORTFOLIO ADVISORY FEE (ANNUAL RATE)
- --------------------------------------------------------------------------------
Alliance Money Market 0.350%
Alliance Intermediate Government
Securities 0.500%
Alliance High Yield 0.600%
Alliance Quality Bond 0.525%
Alliance Growth and Income 0.550%
Alliance Equity Index 0.325%
Alliance Common Stock 0.475%
Alliance Global 0.675%
Alliance International 0.900%
Alliance Aggressive Stock 0.625%
Alliance Small Cap Growth 0.900%
Alliance Conservative Investors 0.475%
Alliance Balanced 0.450%
Alliance Growth Investors 0.550%
- --------------------------------------------------------------------------------
- --------------------------------------------------------------------------------
MAXIMUM INVESTMENT
EQAT PORTFOLIO ADVISORY FEE (ANNUAL RATE)
- --------------------------------------------------------------------------------
T. Rowe Price International Stock 0.75%
T. Rowe Price Equity Income 0.55%
EQ/Putnam Growth & Income Value 0.55%
EQ/Putnam Balanced 0.55%
MFS Research 0.55%
MFS Emerging Growth Companies 0.55%
Morgan Stanley Emerging Markets Equity 1.15%
Warburg Pincus Small Company Value 0.65%
Merrill Lynch World Strategy 0.70%
Merrill Lynch Basic Value Equity 0.55%
ON PAGE 61, THE FIRST PARAGRAPH UNDER THE HEADING "CHARGES FOR STATE PREMIUM AND
OTHER APPLICABLE TAXES" IS DELETED AND REPLACED BY THE FOLLOWING:
Currently, we deduct a charge for applicable taxes, such as state or local
premium taxes, from the amount applied to provide an annuity distribution option
if elected. The current tax charge that might be imposed varies by state and
ranges from 0% to 2.25%; however, the rate is 1% in Puerto Rico and 5% in the
Virgin Islands.
ON PAGE 61, THE INFORMATION IN THE FIRST PARAGRAPH UNDER THE HEADING "CHARGES TO
INVESTMENT FUNDS" IS DELETED AND REPLACED BY THE FOLLOWING:
We make a daily charge against the assets held in each of the Investment Funds.
This charge is reflected in the Accumulation Unit Values for the particular
Investment Fund and covers expenses, expense risks, mortality risks (for the
annuity rate guarantee), death benefits (for the minimum death benefit) and
financial accounting. For the Alliance Money Market, Alliance Balanced and
Alliance Common Stock Funds, the charge is made at an annual rate guaranteed not
to exceed 1.49%. For all other Investment Funds of HRT and EQAT, the charge is
made at an annual rate guaranteed not to exceed 1.34%
ON PAGE 62, THE INFORMATION IN THE SECOND PARAGRAPH UNDER THE HEADING "ANNUAL
ADMINISTRATIVE CHARGE" IS DELETED AND REPLACED BY THE FOLLOWING:
We reserve the right to increase this charge if our administrative costs
increase, but the charge is guaranteed never to exceed $65 annually, subject to
applicable law. We also reserve the right to eliminate the administrative charge
for IRA, SEP, SARSEP, SIMPLE IRA and NQ Contracts having a minimum Annuity
Account Value of a specified amount currently set at $25,000 for NQ, and $20,000
for the other markets, on the last Business Day of each Contract Year. We also
reserve the right to deduct this charge on a quarterly, rather than annual,
basis.
ON PAGE 65, THE FIRST PARAGRAPH UNDER THE HEADING "CHARGES TO INVESTMENT FUNDS"
IS DELETED AND REPLACED BY THE FOLLOWING: We make a daily charge against the
assets held in each of the Investment Funds. This charge is reflected in the
Accumulation Unit Values for the particular Investment Fund and covers expenses,
expense risks, mortality risks (for the annuity rate guarantee), death benefits
(for the minimum death
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benefit) and financial accounting. For the Alliance Money Market, Alliance
Balanced and Alliance Common Stock Investment Funds, the charge is made at an
annual rate guaranteed not to exceed 1.49%. For all other HRT and EQAT
Investment Funds, the charge is made at an annual rate guaranteed not to exceed
1.34%.
ON PAGE 68, THE SECOND PARAGRAPH IS DELETED AND REPLACED BY THE FOLLOWING:
The employer sponsoring a NY EDC Plan can renew the EQUI-VEST funding
arrangement in a written notice to us which includes a certification of
compliance with procedures under the applicable regulations. We are not
responsible for the validity of any certification by the employer. A written
notice to transfer must be received at our Processing Office and accepted by us
not later than seven days before the date on which a transfer is to occur. If an
employer fails to notify us in writing as to a transfer of the NY EDC
arrangement, or as to its intention not to renew, we will continue the
arrangement and associated contracts will not be automatically terminated.
ON PAGE 72, THE HEADING AND THE FIRST AND SECOND PARAGRAPHS UNDER THE HEADING
"TRUST VOTING RIGHTS" ARE DELETED AND REPLACED BY THE FOLLOWING:
HRT AND EQAT VOTING RIGHTS
As explained previously, contributions allocated to the Investment Funds are
invested in shares of the corresponding Portfolios of HRT or EQAT. Since we own
the assets of the Separate Account, we are the legal owner of the shares and, as
such, have the right to vote on certain matters. Among other things, we may
vote:
o to elect each trust's Board of Trustees,
o to ratify the selection of independent auditors for each trust, and
o on any other matters described in each Trust's current prospectus or requiring
a vote by shareholders under the 1940 Act.
Because HRT is a Massachusetts business trust, and EQAT is a Delaware business
trust, annual meetings are not required. Whenever a shareholder vote is taken,
we will give Contract Owners and Employers, if appropriate, the opportunity to
instruct us how to vote the number of shares attributable to their Contracts. If
we do not receive instructions in time from all Contract Owners and Employers,
if appropriate, we will vote the shares of a Portfolio for which no instructions
have been received in the same proportion as we vote shares of that Portfolio
for which we have received instructions. We will also vote any shares that we
are entitled to vote directly because of amounts we have in an Investment Fund
in the same proportions that Contract Owners vote.
ON PAGES 73 THROUGH 88, THE INFORMATION UNDER THE HEADING "PART 10: FEDERAL TAX
AND ERISA MATTERS" IS DELETED AND REPLACED BY THE FOLLOWING:
ANNUITIES
This prospectus briefly describes our understanding of the current Federal
income tax rules that apply to an annuity purchased only with after-tax dollars
(non-qualified annuity) and some of the special tax rules that apply to an
annuity purchased to fund a tax-favored retirement program (qualified annuity).
A qualified annuity includes Trusteed and Annuitant-Owned HR-10 Contracts
purchased for a "qualified plan" (a plan qualified under Section 401(a) of the
Code) or TSA, IRA, QP IRA, SEP, SIMPLE IRA or EDC Contracts. Rights and benefits
of the Annuitant under an annuity purchased to fund a tax-favored retirement
program may be restricted in order to qualify for its special treatment under
Federal tax law.
Additional tax information appears in the SAI. This prospectus and the SAI do
not provide detailed tax information and do not address state and local income
and other taxes, or federal gift and estate taxes. Not every Contract has every
feature discussed in this section. Please consult a tax adviser when considering
the tax aspects of your Contract.
TAXATION OF NON-QUALIFIED ANNUITIES
Equitable has designed the EQUI-VEST Contract to qualify as an "annuity" for
purposes of Federal income tax law.
Gains in the Annuity Account Value of the Contract generally will not be taxable
to an individual until a distribution occurs, either by a withdrawal of part or
all of its value or as a series of periodic payments. However, there are some
exceptions to these rules: (1) if a Contract fails investment diversification
requirements; (2) if an individual transfers a Contract as a gift to someone
other than a spouse (or divorced spouse), any gain in its Annuity Account Value
will be taxed at the time of transfer; (3) the assignment or pledge of any
portion of the value of a Contract will be treated as a distribution of that
portion of the Contract; and (4) when an insurance company (or its affiliate)
issues more than one non-qualified deferred annuity contract during any calendar
year to the same taxpayer, the
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contracts are required to be aggregated in computing the taxable amount of any
distribution.
Aggregation is required only for the purpose of figuring out the taxable amount
on any distribution including surrenders, from one or more linked contracts. For
this reason, your tax report on Form 1099R may indicate a different taxable
amount than you may have originally anticipated.
Corporations, partnerships, trusts and other non-natural persons generally
cannot defer the taxation of current income credited to the Contract unless an
exception under the Code applies.
Prior to the annuity starting date, any partial withdrawals are taxable to the
Contract Owner to the extent that there has been a gain in the Annuity Account
Value. The balance of the distribution is treated as a return of the
"investment" or "basis" in the Contract and is not taxable. Generally, the
investment or basis in the Contract equals the contributions made less any
amounts previously withdrawn which were not taxable.
If you surrender your Contract, the distribution is taxable to the extent it
exceeds the investment in the Contract.
Once annuity payments begin, a portion of each payment is considered to be a
tax-free return of investment based on the ratio of the investment to the
expected return under the Contract. The remainder of each payment will be
taxable. Note that multiple contracts may be required to be aggregated for
purposes of this calculation. In the case of a variable annuity, special rules
apply if the payments received in a year are less than the amount permitted to
be recovered tax-free. After the total investment has been recovered, future
payments are fully taxable. If payments cease as a result of death, a deduction
for any unrecovered investment will be allowed.
The taxable portion of a distribution is treated as ordinary income and is
subject to income tax withholding. See "Federal and State Income Tax
Withholding" in this section. In addition, a penalty tax of 10% applies to the
taxable portion of a distribution unless the distribution is (1) made on or
after the date the taxpayer attains age 59 1/2, (2) made on or after the death
of the Contract Owner, (3) attributable to the disability of the taxpayer, (4)
part of a series of substantially equal periodic payments for the life (or life
expectancy period) of the taxpayer or the joint lives (or joint life expectancy
period) of the taxpayer and a beneficiary, or (5) with respect to income
allocable to amounts contributed to an annuity contract prior to August 14, 1982
which are transferred to the Contract in a tax-free exchange.
If, as a result of the Annuitant's death, the beneficiary is entitled to receive
the death benefit described in Part 6, the beneficiary is generally subject to
the same tax treatment as the Contract Owner (discussed above), had the Contract
Owner surrendered the Contract.
If the beneficiary elects to take the death benefit in the form of a life income
or installment option, the election should be made within 60 days after the day
on which a lump sum death benefit first becomes payable and before any benefit
is actually paid. The tax computation will reflect the Contract Owner's
investment in the Contract.
Special distribution requirements apply upon the death of the owner of a
non-qualified annuity. That is, in the case of a contract where the owner and
annuitant are different, even though the annuity contract could continue because
the annuitant has not died, Federal tax law requires that the person who
succeeds as owner of the contract take distribution of the contract within a
specified period of time, unless such owner is the spouse.
SPECIAL RULES FOR TAX-FAVORED RETIREMENT PROGRAMS
An annuity contract may be used to fund certain employer-sponsored retirement
programs.
The Code describes how a retirement program can qualify for tax-favored status
and sets requirements for various features, including: participation,
nondiscrimination, vesting and funding; limits on contributions, distributions
and benefits; penalties; and withholding, reporting and disclosure. This section
provides a brief description of the various tax-favored retirement programs
which can be funded through EQUI-VEST. Certain tax advantages of a tax-favored
retirement program may not be available under state and local tax laws.
TAX-QUALIFIED RETIREMENT PLANS (QUALIFIED PLANS)
Corporations, partnerships and self-employed individuals can establish qualified
plans for the working owners and their employees who participate in the plan.
Both employer and employee contributions to these plans are subject to a variety
of limitations, some of which are discussed here briefly. See your tax adviser
for more information. Violation of contribution limits may result in plan
disqualification and/or imposition of monetary penalties.
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The annual limit of employer and employee contributions (as defined in Section
415(c) of the Code) which may be made on behalf of an employee to all of the
defined contribution plans of an employer is the lesser of $30,000 or 25% of
compensation or earned income. In calculating contributions to the plan, the law
requires that compensation or earned income of more than $150,000, as adjusted
from time to time for cost of living changes, cannot be considered. In 1997 this
compensation limit is $160,000. Any reallocated forfeitures and voluntary
nondeductible employee contributions will generally be included for purposes of
the contribution limit.
Salary reduction contributions made under a cash or deferred arrangement (401(K)
PLAN) are limited to $7,000, as adjusted from time to time for cost of living
changes. In 1997, the annual dollar limit on these "elective deferrals" is
$9,500. This limit applies to the aggregate of all elective deferrals under all
tax-favored plans in which the individual participates, for example, also
including those made under EDC plans and TSAs. Effective for plan years
beginning after December 31, 1997, the formula for determining the overall
limits on contributions and benefits will include compensation in the form of
elective deferrals and excludable contributions under EDC plans and "cafeteria"
plans giving employees a choice between cash or excludable benefits.
Special limits on contributions apply to anyone who participates in more than
one qualified plan or who controls another trade or business. There is also an
overall limit on the total amount of contributions and benefits under all
tax-favored retirement programs in which a person participates.
In certain cases a Contract may be funded by a tax-deferred rollover or trustee
transfer contribution not subject to the above limits.
Qualified plans must not discriminate in favor of highly compensated employees.
In addition, special "top heavy" rules apply to plans where more than 60% of the
contributions or benefits are allocated to certain highly compensated employees
known as "key employees." Determination of compliance with both
nondiscrimination and top heavy rules requires various tests. Beginning in 1997,
certain 401(k) plans can adopt a "SIMPLE 401(k)" feature which will enable the
plan to meet nondiscrimination requirements without testing. The SIMPLE 401(k)
feature requires the 401(k) plan to meet specified contribution, vesting, and
exclusive plan requirements, similar to those discussed in this part under
"Savings Incentive Match Plan (SIMPLE IRAs)".
TAX-SHELTERED ANNUITY ARRANGEMENTS (TSAS)
General
An employee of an employer which is either (i) an organization described in
Section 501(c)(3) of the Code which is exempt from Federal income tax under
Section 501(a) of the Code or (ii) a state, political subdivision of a state, or
an agency or instrumentality of any one or more of these entities (but only
where the employee performs services for an educational organization described
in Section 170(b)(1)(A)(ii) of the Code) may exclude from Federal gross income
for a tax year contributions made by the employer to a TSA Contract.
An employer eligible to maintain a TSA ("403(b) plan") program for its employees
may make contributions to an annuity contract purchased for the benefit of the
employee. These annuity contributions, if properly made, will not be treated as
currently taxable compensation to the employee. Moreover, the employee will not
be taxed on the earnings in the annuity until distributions are taken.
Two different types of employers are eligible to maintain 403(b) programs:
public schools and specified tax-exempt organizations under Section 501(c)(3) of
the Code.
Contributions to TSAs
Annual contributions to TSAs made through the employer's payroll are limited.
Commonly, some or all of the contributions made to the TSA are made under a
salary reduction agreement between the employee and the employer. These
contributions are called "salary reduction" or "elective deferral" contributions
and are generally limited to no more than $9,500 a year. Note, however, that the
maximum salary reduction contribution that may be made by an annuitant who
participates both in a TSA arrangement and an EDC plan will be limited to the
maximum allowed under Code Section 457 (i.e., generally $7,500). However, a TSA
can also be wholly or partially funded through nonelective employer
contributions or after-tax employee contributions, although all contracts may
not permit this. Generally, the contribution limit is the lowest of the
following: (i) the annual exclusion allowance for the employee (20% of
includable compensation times years of service less previous contributions to
qualified plans, TSAs and EDC plans), (2) the annual limit on employer
contributions to defined contribution plans and (3) the annual limit on all
elective deferrals. Items 2 and 3 are discussed in "Tax Qualified Retirement
Plans (Qualified Plans)," above.
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Note that excess deferrals which are not withdrawn by April 15 following the
year of the deferral may cause the contract to fail to be treated as a TSA.
Special provisions may allow "catch-up" contributions to compensate for smaller
contributions made in previous years.
Tax-free transfer or rollover contributions from another TSA arrangement are not
subject to the above limits.
DISTRIBUTIONS FROM QUALIFIED PLANS AND TSAS
Amounts held under qualified plans and TSAs are generally not subject to Federal
income tax until benefits are distributed. Generally, amounts distributed are
fully taxable as ordinary income. For rules requiring 20% Federal income tax
withholding applicable to certain distributions from qualified plans or TSAs,
see "Federal and State Income Tax Withholding" in this section. In addition,
qualified plan and TSA distributions may be subject to additional tax penalties.
For information regarding tax penalties which may apply, see "Penalty Tax on
Early Distributions" and "Tax Penalties for Insufficient Distributions" later in
this section. The SAI contains additional information about qualified plan
distributions.
Loans may be made from a qualified plan or TSA plan, which permits them, without
being treated as a distribution. However, if the amount of the loan exceeds
permissible limits under the Code when made, the amount of the excess is treated
(solely for tax purposes) as a taxable distribution. Additionally, if the loan
is not repaid at least quarterly, amortizing interest and principal, the amount
not repaid when due will be treated as a taxable distribution. Under Proposed
Treasury Regulations which are not yet effective, the IRS would require the
entire unpaid balance of the loan to be includable in income in the year of the
default. See the discussion in Part 6 under "Loans (for TSA and Corporate
Trusteed Only)," and the discussion below for additional rules covering loans.
In certain cases, direct transfers between TSA issuers are not treated as
taxable distributions. A tax-deferred rollover, if permitted, can also postpone
taxation. See "Tax-Free Rollover," in this section.
If a Contract is surrendered for its value, the distribution is taxable to the
extent the amount received exceeds the basis (if any). A taxpayer will have a
basis in the Contract if, for example, after-tax contributions have been made.
The amount of any partial distribution from a qualified plan or a TSA prior to
the annuity starting date is generally taxable, except to the extent that the
distribution is treated as a withdrawal of after-tax contributions.
Distributions are normally treated as pro rata withdrawals of after-tax
contributions and earnings on those contributions.
If an annuity distribution option is elected, any basis will be recovered as
each payment is received by dividing the investment in the contract by an
expected return determined under an IRS table prescribed for qualified
annuities. The amount of each payment not excluded from income under this
exclusion ratio is fully taxable. The full amount of the payments received after
the cost basis of the annuity is recovered is fully taxable. If the participant
dies before recovering basis and there is a refund feature under the annuity,
the beneficiary of the refund may recover the remaining cost basis as payments
are made. If the participant (and beneficiary under a joint and survivor
annuity) die prior to recovering the full cost basis of the annuity, a deduction
is allowed on the participant's (or beneficiary's) final tax return.
Distributions from qualified plans (but not TSAs) may be eligible for the
special tax treatment accorded lump sum distributions (favorable five-year
averaging, and in certain cases, favorable ten-year averaging and long-term
capital gain treatment). This treatment is not available unless the balance to
the credit of a plan participant who has participated in the plan for at least
five years prior to the distribution year is paid to the recipient within one
taxable year, and is payable (i) after the participant attains age 59 1/2 or
(ii) on account of the participant's (a) death, (b) separation from service (not
applicable to self-employed individuals), or (c) disability (applicable only to
self-employed individuals). Five year averaging will be eliminated effective
January 1, 2000.
The rules governing taxation of distributions made on account of the death of
the Annuitant in a qualified plan or TSA are similar to those governing death
benefit distributions in non-qualified annuities. See "Taxation of Non-Qualified
Annuities," above. In some instances, distributions from a qualified plan or TSA
made to a surviving spouse may be rolled over to an IRA or other individual
retirement arrangement on a tax-deferred basis. See "Tax-Free Rollover," and
"Tax-Qualified Individual Retirement Annuities (IRAs)," in this section.
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TAX-FREE ROLLOVER
Any distribution from a qualified plan or a TSA which is an "eligible rollover
distribution" may be rolled over into another eligible retirement plan, either
as a direct rollover or a rollover within 60 days of receiving the distribution.
To the extent a distribution is rolled over, it remains tax deferred.
A distribution from a qualified plan may be rolled over to another qualified
plan which will accept rollover contributions or an individual retirement
arrangement; a TSA distribution may be rolled over to another TSA or individual
retirement arrangement. Death benefits received by a spousal beneficiary may
only be rolled over to an IRA.
The taxable portion of most distributions will be eligible for rollover, except
as specifically excluded under the Code. Distributions which cannot be rolled
over generally include periodic payments for life or for a period of 10 years or
more, and minimum distributions required under Section 401(a)(9) of the Code
(discussed in this section). Eligible rollover distributions are discussed in
greater detail under "Federal and State Income Tax Withholding," in this
section.
MINIMUM DISTRIBUTIONS
The minimum distribution rules mandate qualified retirement plan and TSA
participants to start taking annual distributions from their retirement plans by
a required date. When minimum distributions must begin depends on, among other
things, the individual's age and retirement status. The distribution
requirements are designed to use up the participant's interest in the plan over
the individual's life expectancy. Whether the correct amount has been
distributed is calculated on a year-by-year basis; there are no provisions to
allow amounts taken in excess of the required amount to be carried over or
carried back and credited to other years.
Generally, an individual must take the first required minimum distribution with
respect to the calendar year in which the individual turns age 70 1/2.
Exceptions which may permit an individual to delay commencement of required
minimum distribution are noted in the next paragraphs. The individual has the
choice to take the first required minimum distribution during the calendar year
he or she turns age 70 1/2, or to delay taking it until the three month (January
1-April 1) period in the next calendar year. Distributions must commence no
later than the "Required Beginning Date," which is the April 1st of the calendar
year following the calendar year in which the individual turns age 70 1/2
(unless an exception applies.) If the individual chooses to delay taking the
first annual minimum distribution, then the individual will have to take two
minimum distributions in that year that follows attainment of age 70 1/2 -- the
delayed one for the first year and the one actually for that year. Once minimum
distributions begin, they must be taken each year thereafter.
Some individuals may be entitled to delay commencement of required minimum
distributions for all or part of their account balance until after age 70 1/2.
Consult your tax adviser to determine whether you may qualify for these
exceptions. These individuals are as follows:
o For qualified plan and TSA participants who have not retired from service with
the employer sponsoring the plan or TSA arrangement in question by the
calendar year the participant turns age 70 1/2, the Required Beginning Date
for minimum distributions is extended to April 1 following the calendar year
of such retirement. (This delay does not apply to 5% owners of qualified
plans; the regular rules apply even if the 5% owner still works.)
o TSA plan participants may also delay commencement to age 75 of the portion of
their Annuity Account Value attributable to their December 31, 1986 TSA
account balance, even if retired at age 70 1/2. (If you have directly
transferred amounts from another insurer's TSA to your EQUI-VEST TSA, you must
tell us at the time of the transfer the amount of your December 31, 1986
account balance to take advantage of this exception.)
There are two general ways to take minimum distributions "account-based" or
"annuity-based" and there are a number of distribution options in both of these
categories. These choices are intended to give individuals a great deal of
flexibility to provide for themselves and their families.
You should discuss with your tax adviser which minimum distribution options are
best for your own personal situation. Individuals who are participants in more
than one tax-favored retirement plan may be able to choose different
distribution options for each plan.
Generally, the minimum distribution must be calculated annually for, and taken
from, each tax qualified retirement plan and TSA. Distributions in excess of the
amount required in any year from a qualified plan, for example, will not satisfy
the required amount for a TSA the individual also participates in. In Notice
88-38, the IRS indicated that an individual maintaining more than one Code
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Section 403(b) arrangement may choose to take the annual required minimum
distribution for all TSAs from any one or more TSAs the individual maintains, as
long as the required distribution is calculated separately for each TSA and all
the minimum distribution amounts are added together.
An account-based minimum distribution method may be a lump sum payment, or a
periodic withdrawal made over a period which does not extend beyond the
individual's life expectancy or the joint life expectancies of the individual
and a designated beneficiary. In the alternative, an individual could meet the
minimum distribution requirements by applying the Annuity Account Value to an
annuity over the individual's life or the joint lives of the individual and a
designated beneficiary, or over a period certain not extending beyond applicable
life expectancies.
If an individual dies before the Required Beginning Date or before distributions
in the form of an annuity begin, distributions of the entire interest under the
contract must be completed within five years after death, unless payments to a
designated beneficiary begin within one year of the Annuitant's death and are
made over the beneficiary's life or over a period certain which does not extend
beyond the Beneficiary's life expectancy. If the surviving spouse is the
designated beneficiary, the spouse may delay the commencement of such payments
up until the individual would have attained age 70 1/2. In the alternative, such
spouse can roll over the death benefit to an IRA. See "Tax-Free Rollover" above.
If an individual dies after the Required Beginning Date or after distributions
in the form of an annuity have begun, payments after death must continue to be
made at least as rapidly as the payments made before the death of the Annuitant.
Distributions received by a beneficiary are generally given the same tax
treatment the Annuitant would have received if distribution had been made to the
Annuitant.
LIMITATIONS ON DISTRIBUTIONS
Restrictions apply to the salary reduction (elective deferral) portion of a TSA
or 401(k) program, including both contributions and earnings. Distributions of
restricted salary reduction amounts generally may be made only if the Annuitant
attains age 59 1/2, dies, is disabled, separates from service or on account of
financial hardship. Hardship withdrawals are limited to the amount actually
contributed under a salary reduction agreement, without earnings. These
restrictions do not apply to the amount of your TSA Contract as of December 31,
1988 attributable to salary reduction contributions and earnings (or to the
extent such amount is properly carried over from an existing TSA to an EQUI-VEST
TSA Contract). To take advantage of this grandfathering you must properly notify
us in writing at our Processing Office of your December 31, 1988 account balance
if you have qualifying amounts transferred to your TSA Contract.
SPOUSAL CONSENT RULES
In the case of many qualified plans and certain TSAs, if an Annuitant is married
at the time a loan, withdrawal, or other distribution is requested under the
Contract, spousal consent is required. In addition, unless the Annuitant elects
otherwise with the written consent of the spouse, the retirement benefits
payable under the plan or arrangement must be paid in the form of a "qualified
joint and survivor annuity" (QJSA). A QJSA is an annuity payable for the life of
the Annuitant with a survivor annuity for the life of the spouse in an amount
which is not less than one-half of the amount payable to the Annuitant during
his or her lifetime. In addition, a married Annuitant's beneficiary must be the
spouse, unless the spouse consents in writing to the designation of a different
beneficiary.
TAX-QUALIFIED INDIVIDUAL RETIREMENT
ANNUITIES (IRAS)
Your Contract is designed to qualify as an IRA under Section 408(b) of the Code.
Your rights under the Contract cannot be forfeited.
This prospectus contains the information which the IRS requires to be disclosed
to an individual before he or she purchases an IRA. This section of Part 9
covers some of the special tax rules that apply to individual retirement
arrangements. You should be aware that an IRA is subject to certain restrictions
in order to qualify for its special treatment under the Federal tax law.
Further information on IRA tax matters can be obtained from any IRS district
office. Additional information regarding IRAs, including a discussion of
required distributions, can be found in Internal Revenue Service Publication
590, entitled "Individual Retirement Arrangements (IRAs)," which is generally
updated annually.
We have received favorable opinion letters from the IRS approving the forms of
the individual Contract and group certificates for all EQUI-VEST Contracts as an
IRA. Such IRS approval is a determination only as to the form of the annuity and
does not represent a determination of the merits of the
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annuity as an investment. The Contract is also subject to certain state
regulatory requirements.
CANCELLATION
You can cancel a Contract issued as an IRA by following the directions in Part 1
under "10-Day Free Look." Since there may be adverse tax consequences if a
Contract is canceled (and because we are required to report to the IRS certain
IRA distributions from canceled IRAs), you should consult with a tax adviser
before making any such decision.
CONTRIBUTIONS TO IRAS
Individuals may make three different types of contributions to purchase an IRA,
or as later additions to an existing IRA: "regular" contributions out of
earnings, tax free "rollover" contributions from tax- qualified plans, or direct
custodian-to-custodian transfers from other individual retirement arrangements
("direct transfers"). See "Contributions under the Contracts" in Part 6. The
immediately following discussion relates to "regular" IRA contributions.
Transfer and rollover contributions are discussed in this section under
"Tax-Free Transfers and Rollovers."
Generally, $2,000 is the maximum amount of deductible and nondeductible
contributions which may be made to all IRAs by an individual in any taxable
year. The above limit may be less where the individual's earnings are below
$2,000. This limit does not apply to rollover or direct transfer contributions
into an IRA.
If the individual's spouse does not work or elects to be treated as having no
compensation, the individual and the individual's spouse may contribute up to
$4,000 to individual retirement arrangements (but no more than $2,000 to any one
individual retirement arrangement). The non-working spouse owns his or her
individual retirement arrangements, even if the working spouse makes
contributions to purchase the spousal individual retirement arrangements.
The amount of IRA contribution for a tax year that an individual can deduct
depends on whether the individual (or the individual's spouse, if a joint return
is filed) is covered by an employer-sponsored tax-favored retirement plan
(including a qualified plan, TSA, SIMPLE IRA, or SEP, but not an EDC plan). If
neither the individual nor the individual's spouse is covered during any part of
the taxable year by such a plan, then regardless of adjusted gross income (AGI),
each working spouse may make a deductible contribution to an IRA for each tax
year (MAXIMUM PERMISSIBLE DOLLAR DEDUCTION) up to the lesser of $2,000 or 100%
of compensation.
In certain cases, individuals covered by a tax-favored retirement plan include
persons eligible to participate in the plan although not actually participating.
Whether or not a person is covered by a retirement plan will be reported on an
employee's Form W-2.
If the individual is single and covered by such a plan during any part of the
taxable year, the deduction for IRA contributions phases out with AGI between
$25,000 and $35,000. If the individual is married and files a joint return, and
either the individual or the spouse is covered by such a plan during any part of
the taxable year, the deduction for IRA contributions phases out with AGI
between $40,000 and $50,000. If the individual is married, files a separate
return and is covered by a tax-favored retirement plan during any part of the
taxable year, the IRA deduction phases out with AGI between $0 and $10,000.
Married individuals filing separate returns must take into account the
retirement plan coverage of the other spouse, unless the couple has lived apart
for the entire taxable year. If AGI is below the phase-out range, an individual
is entitled to the Maximum Permissible Dollar Deduction. In computing the
partial IRA deduction the individual must round the amount of the deduction to
the nearest $10. The permissible deduction for IRA contributions is a minimum of
$200 if AGI is less than the amount at which the deduction entirely phases out.
If the individual (or the individual's spouse, unless the couple has lived apart
the entire taxable year and their filing status is married, filing separately)
is covered by a tax-favored retirement plan, the deduction for IRA contributions
must be computed using one of two methods. Under the first method, the
individual determines AGI and subtracts $25,000 if the individual is a single
person, $40,000 if the individual is married and files a joint return with the
spouse, or $0 if the individual is married and files a separate return. The
resulting amount is the individual's Excess AGI. The individual then determines
the limit on the deduction for IRA contributions using the following formula:
$10,000-Excess AGI x Maximum Permissible
= Adjusted Dollar
$10,000 Dollar Deduction Deduction Limit
Under the second method, the individual determines his or her Excess AGI and
then refers to the following chart originally prepared by the IRS to determine
the deduction.
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<TABLE>
IRS Chart
- ------------------------------------------------------------------------------------------------------------------------------------
ESTIMATED DEDUCTION TABLE
If your Maximum Permissible Dollar Deduction is $2,000, use this table to estimate the amount of your contribution which will be
deductible.
<CAPTION>
EXCESS AGI DEDUCTION EXCESS AGI DEDUCTION EXCESS AGI DEDUCTION EXCESS AGI DEDUCTION
- ----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C>
$ 0 $2,000 $2,550 $1,490 $5,050 $990 $ 7,550 $490
50 1,990 2,600 1,480 5,100 980 7,600 480
100 1,980 2,650 1,470 5,150 970 7,650 470
150 1,970 2,700 1,460 5,200 960 7,700 460
200 1,960 2,750 1,450 5,250 950 7,750 450
250 1,950 2,800 1,440 5,300 940 7,800 440
300 1,940 2,850 1,430 5,350 930 7,850 430
350 1,930 2,900 1,420 5,400 920 7,900 420
400 1,920 2,950 1,410 5,450 910 7,950 410
450 1,910 3,000 1,400 5,500 900 8,000 400
500 1,900 3,050 1,390 5,550 890 8,050 390
550 1,890 3,100 1,380 5,600 880 8,100 380
600 1,880 3,150 1,370 5,650 870 8,150 370
650 1,870 3,200 1,360 5,700 860 8,200 360
700 1,860 3,250 1,350 5,750 850 8,250 350
750 1,850 3,300 1,340 5,800 840 8,300 340
800 1,840 3,350 1,330 5,850 830 8,350 330
850 1,830 3,400 1,320 5,900 820 8,400 320
900 1,820 3,450 1,310 5,950 810 8,450 310
950 1,810 3,500 1,300 6,000 800 8,500 300
1,000 1,800 3,550 1,290 6,050 790 8,550 290
1,050 1,790 3,600 1,280 6,100 780 8,600 280
1,100 1,780 3,650 1,270 6,150 770 8,650 270
1,150 1,770 3,700 1,260 6,200 760 8,700 260
1,200 1,760 3,750 1,250 6,250 750 8,750 250
1,250 1,750 3,800 1,240 6,300 740 8,800 240
1,300 1,740 3,850 1,230 6,350 730 8,850 230
1,350 1,730 3,900 1,220 6,400 720 8,900 220
1,400 1,720 3,950 1,210 6,450 710 8,950 210
1,450 1,710 4,000 1,200 6,500 700 9,000 200
1,500 1,700 4,050 1,190 6,550 690 9,050 200
1,550 1,690 4,100 1,180 6,600 680 9,100 200
1,600 1,680 4,150 1,170 6,650 670 9,150 200
1,650 1,670 4,200 1,160 6,700 660 9,200 200
1,700 1,660 4,250 1,150 6,750 650 9,250 200
1,750 1,650 4,300 1,140 6,800 640 9,300 200
1,800 1,640 4,350 1,130 6,850 630 9,350 200
1,850 1,630 4,400 1,120 6,900 620 9,400 200
1,900 1,620 4,450 1,110 6,950 610 9,450 200
1,950 1,610 4,500 1,100 7,000 600 9,500 200
2,000 1,600 4,550 1,090 7,050 590 9,550 200
2,050 1,590 4,600 1,080 7,100 580 9,600 200
2,100 1,580 4,650 1,070 7,150 570 9,650 200
2,150 1,570 4,700 1,060 7,200 560 9,700 200
2,200 1,560 4,750 1,050 7,250 550 9,750 200
2,250 1,550 4,800 1,040 7,300 540 9,800 200
2,300 1,540 4,850 1,030 7,350 530 9,850 200
2,350 1,530 4,900 1,020 7,400 520 9,900 200
2,400 1,520 4,950 1,010 7,450 510 9,950 200
2,450 1,510 5,000 1,000 7,500 500 10,000 0
2,500 1,500
</TABLE>
- ---------------------
Excess AGI = Your AGI minus your THRESHOLD LEVEL: If you are
single, your Threshold Level is $25,000. If you are
married, your Threshold Level is $40,000.
If you are married and file a separate tax return, your
Excess AGI = your AGI.
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Contributions may be made for a tax year until the deadline for filing a Federal
income tax return for that tax year (without extensions). No contributions are
allowed for the tax year in which an individual attains age 70 1/2 or any tax
year after that. A working spouse age 70 1/2 or over, however, can contribute up
to the lesser of $2,000 or 100% of "earned income" to a spousal IRA for a
non-working spouse until the year in which the non-working spouse reaches age 70
1/2.
An individual not eligible to deduct part or all of the IRA contribution may
still make nondeductible contributions on which earnings will accumulate on a
tax-deferred basis. The deductible and nondeductible contributions to the
individual's IRA (or the nonworking spouse's IRA) may not, however, together
exceed the maximum $2,000 per person limit. See "Excess Contributions."
Individuals must keep their own records of deductible and nondeductible
contributions in order to prevent double taxation on the distribution of
previously taxed amounts. See "Distributions from IRA Contracts."
An individual making nondeductible contributions in any taxable year, or any
individual who makes or made nondeductible contributions or who is receiving
amounts from any IRA, must file the required information with the IRS. Moreover,
individuals making nondeductible IRA contributions must retain all income tax
returns and records pertaining to such contributions until all interests in IRAs
are fully distributed.
EXCESS CONTRIBUTIONS
Excess contributions to an IRA are subject to a 6% excise tax for the year in
which made and for each year thereafter until withdrawn. In the case of
"regular" IRA contributions any contribution in excess of the lesser of $2,000
or 100% of compensation or earned income is an "excess contribution," (without
regard to the deductibility or nondeductibility of IRA contributions under this
limit). Also, any "regular" contributions made after you reach age 70 1/2 are
excess contributions. In the case of rollover IRA contributions, excess
contributions are amounts which are not eligible to be rolled over (for example,
after-tax contributions to a qualified plan or minimum distributions required to
be made after age 70 1/2). An excess contribution (rollover or "regular") which
is withdrawn, however, before the time for filing the individual's federal
income tax return for the tax year (including extensions) is not includable in
income and is not subject to the 10% penalty tax on early distributions
(discussed below under "Penalty Tax on Early Distributions"), provided any
earnings attributable to the excess contribution are also withdrawn and no tax
deduction is taken for the excess contribution. The withdrawn earnings on the
excess contribution, however, would be includable in the individual's gross
income for the tax year in which the excess contribution from which they arose
was made and would be subject to the 10% penalty tax. If excess contributions
are not withdrawn before the time for filing the individual's federal income tax
return for the tax year (including extensions), the "regular" contributions may
still be withdrawn after that time if the IRA contribution for the tax year did
not exceed $2,000 and no tax deduction was taken for the excess contribution; in
that event, the excess contribution would not be includable in gross income and
would not be subject to the 10% penalty tax. Lastly, excess "regular"
contributions may also be reduced by underutilizing the allowable contribution
limits for a later year.
If excess rollover contributions are not withdrawn before the time for filing
the individual's Federal tax return for the year (including extensions) and the
excess contribution occurred as a result of incorrect information provided by
the plan, any such excess amount can be withdrawn if no tax deduction was taken
for the excess contribution. As above, excess rollover contributions withdrawn
under those circumstances would not be includable in gross income and would not
be subject to the 10% penalty tax.
TAX-FREE TRANSFERS AND ROLLOVERS
Rollover contributions may be made to an IRA from these sources: (i) qualified
plans, (ii) TSAs (including 403(b)(7) custodial accounts) and (iii) other
individual retirement arrangements.
The rollover amount must be transferred to the Contract either as a direct
rollover of an "eligible rollover distribution" (described below) or as a
rollover by the individual plan participant or owner of the individual
retirement arrangement. In the latter cases, the rollover must be made within 60
days of the date the proceeds from another individual retirement arrangement or
an eligible rollover distribution from a qualified plan or TSA were received.
Generally the taxable portion of any distribution from a qualified plan or TSA
is an eligible rollover distribution and may be rolled over tax-free to an IRA
unless the distribution is (i) a required minimum distribution under Section
401(a)(9) of the Code; or (ii) one of a series of substantially equal periodic
payments made (not less frequently than annually) (a) for the life (or life
expectancy) of the plan participant or the joint lives (or joint life
expectancies) of the plan participant and his or her designated beneficiary, or
(b) for a specified period of ten years or more. See "Federal and State Income
Tax Withholding -- Mandatory Withholding from Qualified Plans and TSAs," in this
section.
Under some circumstances, amounts from a Contract may be rolled over on a
tax-free basis to a qualified plan. To get this "conduit" IRA treatment, the
source of funds used to establish the IRA must be a rollover contribution from
the qualified plan
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<PAGE>
and the entire amount received from the IRA (including any earnings on the
rollover contribution) must be rolled over into another qualified plan within 60
days of the date received. Similar rules apply in the case of a TSA.
We offer a separate IRA Contract subject to separate charges, designed to serve
as a "conduit" IRA for this purpose (QP IRA Contract). Therefore amounts in a QP
IRA Contract which are not commingled with "regular" IRA Contributions or
nonqualified plan funds (or TSA funds, as the case may be) may be eligible to be
rolled over into another qualified plan (or TSA, as the case may be) which
accepts such contributions.
Under the conditions and limitations of the Code, an individual may elect for
each IRA to make a tax-free rollover once every 12-month period among individual
retirement arrangements (including rollovers from retirement bonds purchased
before 1983). Custodian-to-custodian transfers are not rollovers and can be made
more frequently than once a year.
The same tax-free treatment applies to amounts withdrawn from the Contract and
rolled over into other individual retirement arrangements unless the
distribution was received under an inherited IRA.
Tax-free rollovers are also available to the surviving spouse beneficiary of a
deceased individual, or a spousal alternate payee of a qualified domestic
relations order applicable to a qualified plan or TSA. In some cases, IRAs can
be transferred on a tax-free basis between spouses or former spouses incidental
to a judicial decree of divorce or separation.
DISTRIBUTIONS FROM IRA CONTRACTS
Income or gains on contributions under IRAs are not subject to Federal income
tax until benefits are distributed to the individual. Distributions include
withdrawals from your Contract, surrender of your Contract and annuity payments
from your Contract. Death benefits are also distributions. Except as discussed
below, the amount of any distribution from an IRA is fully includable by the
individual in gross income.
If the individual makes nondeductible IRA contributions, those contributions are
recovered tax-free when distributions are received. The individual must keep
records of all nondeductible contributions. At the end of each tax year in which
the individual has received a distribution, the individual determines a ratio of
the total nondeductible IRA contributions (less any amounts previously withdrawn
tax-free) to the total account balances of all IRAs held by the individual at
the end of the tax year (including rollover IRAs, SIMPLE IRAs, and SEPs) plus
all IRA distributions made during such tax year. The resulting ratio is then
multiplied by all distributions from the IRA during that tax year to determine
the nontaxable portion of each distribution.
In addition, a distribution (other than a required minimum distribution
discussed below) is not taxable if (1) the amount received is a return of excess
contributions which are withdrawn, as described under "Excess Contributions,"
(2) the entire amount received is rolled over to another individual retirement
arrangement (see "Tax-Free Transfers and Rollovers") or (3) in certain limited
circumstances, where the IRA acts as a "conduit," the entire amount is paid into
a qualified plan or TSA that accepts such contributions.
Distributions from an IRA are not entitled to the special favorable five-year
averaging method (or, in certain cases, favorable ten-year averaging and long-
term capital gain treatment) available in certain cases to distributions from
qualified plans.
MINIMUM DISTRIBUTIONS AFTER AGE 70 1/2
The minimum distribution rules discussed above under "Qualified Plans and TSAs
- -- Minimum Distributions" also generally apply to IRAs. The exceptions discussed
do not apply to IRA distributions -- Minimum Distributions must be computed with
respect to IRAs for the calendar year in which you attain age 70 1/2 and the
Required Beginning Date is April 1 following such year, even if you are still
working. If you are participating in more than one individual retirement
arrangement or other tax favored retirement plan you may be able to choose
different distribution options for each arrangement. Your minimum distribution
for any taxable year is calculated by adding together the separate minimum
distribution amounts from each of your individual retirement arrangements. The
IRS, however, does not require that you take out the minimum distribution from
each individual retirement arrangement that you maintain. As long as the total
amount distributed annually for all IRAs satisfies your overall minimum
distribution requirement for IRAs, you may choose to take your annual required
distribution for IRAs from any one or more individual retirement arrangements
that you maintain.
This special rule applies only to IRAs and TSAs and does not apply to qualified
plans. A distribution from a TSA will not satisfy a distribution requirement for
IRAs.
If the individual dies after distribution in the form of an annuity has begun,
or after the Required Beginning Date, payment of the remaining interest must be
made at least as rapidly as under the method used prior to the individual's
death. The IRS has indicated that an exception to this rule may apply if the
benefi-
39
<PAGE>
ciary of the IRA is the surviving spouse. In some circumstances, the surviving
spouse may elect to "make the IRA his or her own" and halt distributions until
he or she reaches age 70 1/2. If an individual dies before the Required
Beginning Date and before distributions in the form of an annuity begin,
distributions of the individual's entire interest under the Contract must be
completed within five years after death, unless payments to a designated
beneficiary begin within one year of the individual's death and are made over
the beneficiary's life or over a period certain which does not extend beyond the
beneficiary's life expectancy.
If the surviving spouse is the designated beneficiary, the spouse may delay the
commencement of such payments up until the individual would have attained age 70
1/2. In the alternative, a surviving spouse may elect to roll over the inherited
IRA into the surviving spouse's own IRA. Under Series 300 and 400 Contracts, if
you elect to have your spouse be the sole primary beneficiary and to be the
Successor Annuitant and Contract Owner, then your surviving spouse automatically
becomes both the successor Contract Owner and Annuitant, and no death benefit is
payable until the surviving spouse's death.
If there is an insufficient distribution in any year, a 50% tax may be imposed
on the amount by which the minimum required to be distributed exceeds the amount
actually distributed. The penalty tax may be waived by the Secretary of the
Treasury in certain limited circumstances. Failure to have distributions made as
the Code and Treasury regulations require may result in disqualification of your
IRA. See "Tax Penalty for Insufficient Distributions" in this part.
TAXATION OF DEATH BENEFIT
Distributions received by a beneficiary are generally given the same tax
treatment the individual would have received if distribution had been made to
the individual.
PROHIBITED TRANSACTION
An IRA may not be borrowed against or used as collateral for a loan or other
obligation. If the IRA is borrowed against or used as collateral, its tax-
favored status will be lost as of the first day of the tax year in which the
event occurred. If this happens, the individual must include in Federal gross
income for that year an amount equal to the fair market value of the IRA
Contract as of the first day of that tax year, less the amount of any
nondeductible contributions not previously withdrawn. Also, the early
distribution penalty tax of 10% will apply if the individual has not reached age
59 1/2 before the first day of that tax year. See "Penalty Tax on Early
Distributions."
ILLUSTRATION OF GUARANTEED RATES
The following two tables which the IRS requires us to furnish prospective IRA
Contract Owners illustrate guaranteed rates for contributions assumed to be
allocated entirely to the Guaranteed Interest Account under Series 300 and 400
Contracts. Table I illustrates a $1,000 contribution made annually on the
Contract Date and on each subsequent anniversary, assuming no withdrawals or
transfers were made from the Contract. Table II assumes a single initial
contribution of $1,000, with no further contributions, withdrawals or transfers.
The 3% guaranteed rate is the minimum guaranteed interest rate in the Contract.
As explained in "Part 7: Deductions and Charges," the values shown assume the
contingent withdrawal charge applies. These values reflect the effect of the
annual administrative charge deducted at the end of each Contract Year in which
the Annuity Account Value is less than $20,000.
To find the appropriate value for the end of the Contract Year at any attained
age, subtract the issue age (age nearest birthday) from the attained age and
enter the table at the corresponding year. Years that correspond to an attained
age in excess of 70 should be ignored.
The information shown in the tables should be considered in light of your
present age and (with respect to Table I) your ability to contribute $1,000
annually. You should also understand that in order to avoid severe tax
penalties, distribution of the values under your Contract generally must
commence not later than April 1st of the calendar year after the calendar year
you attain age 70 1/2. Subsequent distributions must be made by December 31st of
each calendar year. See "Penalty Tax on Early Distributions" and "Tax Penalties
for Insufficient Distributions." Any change in the amounts contributed annually,
or in the amount of the single contribution, would, of course, change the
results shown.
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TABLE I
ANNUITY ACCOUNT VALUES AND
CASH VALUES
(Assuming $1,000 Contributions Made Annually
at the beginning of the Contract Year)
3% MINIMUM GUARANTEE
- -----------------------------------------------------------------------
ANNUITY
CONTRACT ACCOUNT CASH
YEAR END VALUE VALUE
- -----------------------------------------------------------------------
1 $ 1,009.40 $ 954.89
2 2,039.68 1,929.54
3 3,100.87 2,933.43
4 4,193.90 3,967.43
5 5,319.72 5,032.45
6 6,479.31 6,129.42
7 7,673.69 7,313.69
8 8,903.90 8,543.90
9 10,171.01 9,811.01
10 11,476.14 11,116.14
11 12,820.43 12,460.43
12 14,205.04 13,845.04
13 15,631.19 15,271.19
14 17,100.13 16,740.13
15 18,613.13 18,253.13
16 20,201.53 19,841.53
17 21,837.57 21,477.57
18 23,522.70 23,162.70
19 25,258.38 24,898.38
20 27,046.13 26,686.13
21 28,887.52 28,527.52
22 30,784.14 30,424.14
23 32,737.67 32,377.67
24 34,749.80 34,389.80
25 36,822.29 36,462.29
26 38,956.96 38,596.96
27 41,155.67 40,795.67
28 43,420.34 43,060.34
29 45,752.95 45,392.95
30 48,155.53 47,795.53
31 50,630.20 50,270.20
32 53,179.11 52,819.11
33 55,804.48 55,444.48
34 58,508.61 58,148.61
35 61,293.87 60,933.87
36 64,162.69 63,802.69
37 67,117.57 66,757.57
38 70,161.10 69,801.10
39 73,295.93 72,935.93
40 76,524.81 76,164.81
41 79,850.55 79,490.55
42 83,276.07 82,916.07
43 86,804.35 86,444.35
44 90,438.48 90,078.48
45 94,181.64 93,821.64
46 98,037.08 97,677.08
47 102,008.20 101,648.20
48 106,098.44 105,738.44
49 110,311.40 109,951.40
50 114,650.74 114,290.74
TABLE II
ANNUITY ACCOUNT VALUES AND
CASH VALUES
(Assuming a Single Contribution of $1,000 and
No Further Contribution)
3% MINIMUM GUARANTEE
- -----------------------------------------------------------------
ANNUITY
CONTRACT ACCOUNT CASH
YEAR END VALUE VALUE
- -----------------------------------------------------------------
1 $1,009.40 $ 954.89
2 1,018.89 963.87
3 1,019.46 964.40
4 1,020.04 964.96
5 1,020.64 965.53
6 1,021.26 966.11
7 1,021.90 1,021.90
8 1,022.55 1,022.55
9 1,023.23 1,023.23
10 1,023.93 1,023.93
11 1,024.65 1,024.65
12 1,025.38 1,025.38
13 1,026.15 1,026.15
14 1,026.93 1,026.93
15 1,027.74 1,027.74
16 1,028.57 1,028.57
17 1,029.43 1,029.43
18 1,030.31 1,030.31
19 1,031.22 1,031.22
20 1,032.16 1,032.16
21 1,033.12 1,033.12
22 1,034.11 1,034.11
23 1,035.14 1,035.14
24 1,036.19 1,036.19
25 1,037.28 1,037.28
26 1,038.40 1,038.40
27 1,039.55 1,039.55
28 1,040.73 1,040.73
29 1,041.96 1,041.96
30 1,043.22 1,043.22
31 1,044.51 1,044.51
32 1,045.85 1,045.85
33 1,047.22 1,047.22
34 1,048.64 1,048.64
35 1,050.10 1,050.10
36 1,051.60 1,051.60
37 1,053.15 1,053.15
38 1,054.74 1,054.74
39 1,056.39 1,056.39
40 1,058.08 1,058.08
41 1,059.82 1,059.82
42 1,061.61 1,061.61
43 1,063.46 1,063.46
44 1,065.37 1,065.37
45 1,067.33 1,067.33
46 1,069.35 1,069.35
47 1,071.43 1,071.43
48 1,073.57 1,073.57
49 1,075.78 1,075.78
50 1,078.05 1,078.05
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SIMPLIFIED EMPLOYEE PENSIONS (SEPS)
An employer can establish a SEP for its employees and can make contributions to
a Contract for each eligible employee. A SEP Contract is a form of IRA Contract,
owned by the employee-Annuitant and most of the rules applicable to IRAs
discussed above apply. A major difference is the amount of permissible
contributions. Rules similar to those discussed above under "Tax Qualified
Retirement Plans (Qualified Plans)" apply. Due to statutory limits, in 1997 an
employer can annually contribute an amount for an employee up to the lesser of
$24,000 or 15% of the employee's compensation, determined without taking into
account the employer's contribution to the SEP. This $24,000 maximum, based on
the 1997 statutory compensation limit of $160,000, may be adjusted for cost of
living changes in future years. Under our current practice, IRA contributions by
the employee may not be made under a SEP Contract and are put into a separate
IRA Contract.
Effective January 1, 1997 salary reduction SEPs (SARSEP) programs may no longer
be established. However, employers who had established such programs prior to
1997 can continue to make contributions on behalf of participating employees in
1997 and later years. SARSEP programs are subject to a number of special rules,
some of which are discussed in the SAI.
SEP plans are available under EQUI-VEST Series 300 in most states. EQUI-VEST SEP
Series 200 are available in states where the 300 Series is not available.
SAVINGS INCENTIVE MATCH PLAN (SIMPLE IRAS)
An eligible employer may establish a "SIMPLE IRA" plan to make contributions to
special individual retirement accounts or individual retirement annuities for
its employees ("SIMPLE IRAs"). The IRS has issued various forms which may be
used by employers to set up a SIMPLE IRA plan. Currently, we are accepting only
those SIMPLE IRA plans using IRS Form 5304.
Use of Form 5304 requires that the employer permit the employee to select a
SIMPLE IRA provider.
The employer cannot maintain any other qualified plan, SEP or TSA arrangement if
it makes contributions under a SIMPLE IRA plan. (Eligible employers may maintain
EDC plans.)
Any type of employer -- corporation, partnership, self-employed person,
government or tax-exempt entity -- is eligible to establish a SIMPLE IRA plan if
it meets the requirements about number of employees and compensation of those
employees. The employer must have no more than 100 employees who earned at least
$5,000 in compensation from the employer in the prior calendar year.
An employer establishing a SIMPLE IRA plan should consult its tax adviser
concerning the various technical rules applicable to establishing and
maintaining SIMPLE IRA plans. For example, the definition of employee's
"compensation" varies depending on whether it is used in the context of employer
eligibility, employee participation, and employee or employer contributions. In
particular, municipal governments should be certain that the SIMPLE IRA complies
with state law.
Participation must be open to all employees who received at least $5,000 in
compensation from the employer in any two preceding years (they do not have to
be consecutive years) and who are reasonably expected to receive at least $5,000
in compensation during the year. (Certain collective bargaining unit and alien
employees may be excluded.)
The only kinds of contributions which may be made to a SIMPLE IRA are (i)
contributions under a salary reduction agreement entered into between the
employer and the participating employee and (ii) required employer contributions
(employer matching contributions or employer nonelective contributions). Direct
transfer and rollover contributions from other SIMPLE IRAs, but not regular IRAs
or conduit IRAs, may also be made. Salary reduction contributions can be any
percentage of compensation (or a specific dollar amount, if the employer's plan
permits) but are limited to $6,000 in 1997. The $6,000 elective deferral limit
may be indexed for cost of living adjustments in future years.
Generally, the employer is required to make matching contributions on behalf of
each eligible employee in an amount equal to the salary reduction contributions,
up to 3% of the employee's compensation. In certain circumstances an employer
may elect to make required employer contributions on an alternate basis.
Tax Treatment of SIMPLE IRAs
Unless specifically otherwise mentioned, for example, regarding differences in
funding and potential penalty tax on distributions, the rules discussed above
under TAX QUALIFIED INDIVIDUAL RETIREMENT ANNUITIES (IRAS) also apply to SIMPLE
IRAs.
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<PAGE>
Amounts contributed to SIMPLE IRAs are not currently taxable to employees. Only
the employer can deduct SIMPLE IRA contributions, not the employee. An employee
eligible to participate in a SIMPLE IRA is treated as an active participant in
an employer plan and thus may not be able to deduct (fully) regular
contributions to his/her own IRA.
As with IRAs in general, contributions and earnings accumulate tax deferred
until withdrawn and are then fully taxable. There are no withdrawal restrictions
applicable to SIMPLE IRAs. However, because of the level of employer
involvement, SIMPLE IRA plans are subject to certain sections of ERISA. See the
rules under ERISA MATTERS below.
Amounts withdrawn from a SIMPLE IRA can be rolled over to another SIMPLE IRA, or
to a regular IRA. No rollovers from a SIMPLE IRA to a regular IRA are permitted
for individuals under age 59 1/2 who have not participated in the employer's
SIMPLE IRA for two full years. Also, for such individuals, any amounts withdrawn
from a SIMPLE IRA are not only fully taxable but are subject to a 25% (not 10%)
additional federal income tax penalty. (The exceptions to penalty application
for death, disability and attainment of age 59 1/2 apply). SIMPLE IRA plans are
available under EQUI-VEST Series 400 in most states. EQUI-VEST SIMPLE IRA Series
300 and Series 200 are available in states where the Series 400 is not
available.
PUBLIC AND TAX-EXEMPT ORGANIZATION EMPLOYEE-DEFERRED COMPENSATION PLANS (EDC
PLANS)
Employees and independent contractors who perform services for a state
(including any subdivision or agency of the state) or other tax-exempt employer
may exclude from Federal gross income certain salary reduction amounts. To
qualify, the employer must maintain an EDC plan satisfying the requirements of
Section 457 of the Code. EQUI-VEST Series 100 or 200 Contracts are used to fund
EDC plans that must be owned by the employer in all cases. However, the EDC plan
may permit the employee to choose among various investment options. Tax-exempt,
non-governmental employers are generally subject to ERISA, and may be required
by the provisions of that Act to limit participation in an EDC plan to a select
group of management or highly compensated employees. The EDC plan funds are
subject to the claims of the employer's general creditors in an EDC plan
maintained by a tax-exempt employer. In an EDC plan maintained by a governmental
employer, the plan's assets must be held in trust for the exclusive benefit of
employees. This requirement currently applies to EDC plans newly established by
a governmental entity employer and must be met by 1999 for governmental entity
employer EDC plans established before August, 1996.
Generally, the maximum contribution amount that can be excluded from gross
income in any tax year under an EDC plan is 33 1/3% of the employee's
"includable compensation," up to $7,500 (which may be adjusted for cost of
living increases in accordance with Section 457 of the Code). Special rules may
permit "catch-up" contributions during the three years preceding normal
retirement age under the EDC plan.
In general, no amounts may be withdrawn from an EDC plan prior to the calendar
year in which the employee attains age 70 1/2, separates from service or in the
event of an unforeseen emergency. Income or gains on contributions under an EDC
plan are subject to Federal income tax when amounts are distributed or made
available to the employee or beneficiary. Amounts are not deemed to be "made
available" (currently taxable) just because the participant is permitted under
the plan to make a one-time election to defer commencement of distributions
between the time amounts are allowed to be made available and before
distributions actually start. Also, de minimis amounts (up to $3500) may be
taken out by the employee or forced out by the plan under certain circumstances,
even though the employee may still be working and amounts would not otherwise be
made available.
Distributions from EDC plans generally must commence no later than April 1st of
the calendar year following the calendar year in which the employee attains 70
1/2 or retires from service with the employer maintaining the EDC plan,
whichever is later.
If the Annuitant does not commence minimum distributions in the calendar year in
which the Annuitant attains age 70 1/2 (or retires, if later), and waits until
the three month (January 1-April 1) period in the next calendar year to commence
minimum distributions, then the Annuitant must take two required minimum
distributions in that calendar year.
Distributions from an EDC plan may not be rolled over or transferred to an IRA.
Distributions to an EDC plan participant are characterized as "wages" for income
tax reporting and withholding purposes. No election out of withholding is
possible. See "Federal and State Income Tax Withholding," in this part. These
amounts are not subject to FICA tax, if FICA tax
43
<PAGE>
was withheld by the employer when wages were deferred. In certain circumstances,
receipt of payments from an EDC plan may result in a reduction of an employee's
Social Security benefits.
If the EDC plan so provides, a deceased employee's beneficiary may be able to
elect to receive death benefits in installments instead of a lump sum, and will
be taxed as the payments are received. However, the death benefits must be
received within 15 years of the date of the deceased employee's death (or within
the period of the life expectancy of the surviving spouse if the spouse is the
designated beneficiary).
Due to unrelated business income tax rules, annuity Contracts may not be an
appropriate funding vehicle for an EDC plan maintained by any organization
exempt from tax under the following Code Sections: 501(c)(7) (social club);
501(c)(9) (VEBA); 501(c)(17) (supplemental unemployment compensation benefit
plan trust); or 501(c)(20) (legal services plan trust). Please contact your tax
adviser to see if these limits may apply to your EDC plan.
PENALTY TAX ON EARLY DISTRIBUTIONS
The taxable portion of distributions from a qualified plan or TSA will be
subject to a 10% penalty tax unless the distribution is made on or after the
Annuitant's death, attributable to the Annuitant becoming disabled, or when the
Annuitant reaches age 59 1/2. The penalty tax will also not apply if the
Annuitant (i) separates from service and elects a payout over his or her life or
life expectancy (or joint and survivor lives or life expectancies), (ii) has
attained age 55 and separates from service, or (iii) uses the distribution to
pay certain extraordinary medical expenses. The taxable portion of IRA and SEP
distributions are also subject to the 10% penalty tax unless the distribution is
made (1) on or after your death, (2) because you have become disabled, (3) on or
after the date when you reach age 59 1/2, or (4) at least annually in the form
of a substantially equal periodic payout over your life or life expectancy (or
joint and survivor lives or life expectancies). Also not subject to penalty tax
are IRA, SIMPLE IRA and SEP distributions used to pay certain extraordinary
medical expenses or medical insurance premiums for defined unemployed
individuals. SIMPLE IRA distributions are also subject to the 10% penalty tax
unless the distribution is made (1) on or after your death, (2) because you have
become disabled, or (3) on or after the date when you reach age 59 1/2. As
discussed under "SAVINGS INCENTIVE MATCH PLAN (SIMPLE IRAS)" above the penalty
tax on distributions from a SIMPLE IRA may be 25%, not 10%, under certain
circumstances.
This penalty tax does not apply to employees in an EDC plan.
TAX PENALTY FOR INSUFFICIENT DISTRIBUTIONS
Failure to make required distributions may cause the disqualification of the
IRA, SEP, SIMPLE IRA, TSA, qualified plan, or EDC plan. Disqualification results
in current taxation of the Annuitant's entire benefit. In addition, a 50%
penalty tax is imposed on the difference between the required distribution
amount and the amount actually distributed, if any.
It is the plan administrator's responsibility to see that minimum distributions
from a qualified plan are made. It is the Owner's responsibility in a TSA, IRA
or SIMPLE IRA to see that the minimum distributions are made with respect to a
Contract. We do not automatically make distributions from a Contract before the
Retirement Date unless a request has been made. We will notify you during the
year when our records show that you will attain age 70 1/2. In the case of IRA,
SIMPLE IRA and TSA Contracts, if you do not select a method, we will assume you
are taking your minimum distribution from another IRA, SIMPLE IRA or TSA that
you maintain or that you have not yet retired. You should consult with your tax
adviser concerning these rules and their proper application to your situation.
See "Distributions From Qualified Plans and TSAs--Minimum Distributions" and
"IRAs -- Minimum Distribution After Age 70 1/2", elsewhere in this section.
LIMITS ON DISTRIBUTIONS
The Code imposes a 15% excise tax on an individual's aggregate excess
distributions from all tax-favored retirement plans (not including EDC plans).
The excise tax is in addition to the ordinary income tax due but is reduced by
the amount (if any) of the early distribution penalty tax imposed by the Code.
This tax is temporarily suspended for all distributions to the plan participant
for the years 1997, 1998, and 1999. However, the excise tax continues to apply
for estate tax purposes. The estate tax imposed on a deceased plan participant's
estate will be increased if the accumulated value of the individual's interests
in qualified annuities and tax-favored retirement plans is excessive. The
aggregate accumulations will be subject to excise tax in 1997 if they exceed the
present value of a hypothetical life annuity paying $160,000 a year.
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FEDERAL AND STATE INCOME TAX WITHHOLDING
Equitable Life is required to withhold Federal income tax on the taxable portion
of qualified plan payments and payments from annuity contracts. The rate of
withholding will depend on the type of distribution and, in certain cases, the
amount of the distribution. (In the case of Trusteed Contracts which continue to
be owned by the trustee, any required Federal income tax withholding is the
responsibility of the plan administrator.) Unless the payment is an "eligible
rollover distribution" from a qualified plan or a TSA, the recipient generally
may elect not to be subject to income tax withholding. Compare "Elective
Withholding" and "Mandatory Withholding from Qualified Plans and TSAs," below.
However, payments under EDC plans are also subject to mandatory wage withholding
rules; no election out is permitted. The employer (and not Equitable Life) is
generally responsible for such wage withholding.
Certain states have indicated that pension and annuity withholding will apply to
payments made to residents. Generally, an election out of Federal withholding
will also be considered an election out of state withholding. In some states, a
recipient may elect out of state withholding, even if Federal withholding
applies. It is not clear whether such states may require mandatory withholding
with respect to eligible rollover distributions (described below). Contact your
tax adviser to see how state income tax withholding may apply to your payment.
Special withholding rules apply to foreign recipients and United States citizens
residing outside the United States. See your tax adviser if you may be affected
by such rules. Withholding may also apply to taxable amounts paid under a 10-day
free look cancellation.
ELECTIVE WITHHOLDING
Requests not to withhold Federal income tax must be made in writing prior to
receiving benefits under the Contract. The Processing Office will provide forms
for this purpose. No election out of withholding is valid unless the recipient
provides us with the correct taxpayer identification number and a United States
residence address.
If a recipient does not have sufficient income tax withheld or does not make
sufficient estimated income tax payments, the recipient may incur penalties
under the estimated income tax rules. Recipients should consult their tax
advisers to determine whether they should elect out of withholding.
Periodic payments are generally subject to wage- bracket type withholding (as if
such payments were wages by an employer to an employee) unless the recipient
elects no withholding. If a recipient does not elect out of withholding or does
not specify the number of withholding exemptions, withholding will generally be
made as if the recipient is married and claiming three withholding exemptions.
There is an annual threshold of taxable income from periodic payments which is
exempt from withholding based on this assumption. For 1997 a recipient of
periodic payments (e.g., monthly or annual payments which are not "eligible
rollover distributions") which total less than $14,400 taxable amount will
generally be exempt from Federal income tax withholding, unless the recipient
specifies a different choice of withholding exemption. If a recipient fails to
provide a correct taxpayer identification number, withholding is made as if the
recipient is single with no exemptions.
A recipient of a partial or total non-periodic distribution (other than
"eligible rollover distributions" discussed below) will generally be subject to
withholding at a flat 10% rate. A recipient who provides a United States
residence address and a correct taxpayer identification number will generally be
permitted to elect not to have tax withheld.
All recipients receiving periodic and non-periodic payments will be further
notified of the withholding requirements and of their right, if any, to make
withholding elections.
MANDATORY WITHHOLDING FROM QUALIFIED PLANS AND TSAS
All "eligible rollover distributions" are subject to mandatory Federal income
tax withholding of 20% unless the employee elects to have the distribution
directly transferred over to a qualified plan or individual retirement
arrangement. The following are not eligible rollover distributions subject to
mandatory 20% withholding:
o any distribution to the extent that the distribution is a "required minimum
distribution" under Section 401(a)(9) of the Code;
o any distribution which is one of a series of substantially equal periodic
payments made (not less frequently than annually (1) for the life (or life
expectancy) of the employee or the joint lives (or joint life expectancies) of
the employee and his or her designated beneficiary, or (2) for a specified
period of 10 years or more;
45
<PAGE>
o certain corrective distributions under Code Sections 401(k), 401(m) and
402(g);
o loans that are treated as deemed distributions;
o P.S. 58 costs (incurred if the plan provides life insurance protection for
participants); and
o a distribution to a beneficiary other than to a surviving spouse or a current
or former spouse under a qualified domestic relations order.
If a distribution is made to a plan participant's surviving spouse, or to a
current or former spouse under a qualified domestic relations order, the
distribution may be an eligible rollover distribution, subject to mandatory 20%
withholding, unless one of the exceptions described above applies.
If a distribution is not an "eligible rollover distribution," the rules on
elective withholding described above, apply.
OTHER WITHHOLDING
In certain cases Equitable may be required to withhold, or temporarily hold
back, an amount of death benefit due to potential application of state
inheritance or estate tax rules or federal "generation skipping tax," which is a
form of estate tax. The potential application of these rules varies depending on
the amount of the death benefit, the relationship of the beneficiaries to the
deceased, and the residence of the parties. You should consult with your tax or
legal adviser concerning potential application of these rules to your own
personal situation.
SPECIAL RULES FOR NQ AND TRUSTEED CONTRACTS ISSUED IN PUERTO RICO
Only NQ and Trusteed Contracts are available in Puerto Rico.
Please note that the tax treatment of qualified plans by the United States and
by Puerto Rico is similar in many respects, but may not be identical. Please
consult your tax adviser to determine any differences which may affect your own
situation.
Under current law, Equitable Life treats all income from NQ Contracts as
U.S.-source. Trusteed contract income may also be treated as U.S.-source,
depending on an individual's circumstances. A Puerto Rico resident is subject to
U.S. taxation on such U.S.-source income. Only Puerto Rico-source income of
Puerto Rico residents is excludable from U.S. taxation. Income from these
Contracts is also subject to Puerto Rico tax. The computation of the taxable
portion of amounts distributed from a Contract may differ in the two
jurisdictions. Therefore, an individual might have to file both U.S. and Puerto
Rico tax returns, showing different amounts of income for each. Puerto Rico
generally provides a credit against Puerto Rico tax for U.S. tax paid. Depending
on an individual's personal situation and the timing of the different tax
liabilities, an individual may not be able to take full advantage of this
credit.
Please consult your tax adviser to determine the applicability of these rules to
your own tax situation.
IMPACT OF TAXES TO EQUITABLE LIFE
The Contracts provide that we may charge the Separate Account for taxes. We can
also set up reserves for taxes.
TRANSFERS AMONG INVESTMENT OPTIONS
There will not be any tax liability if you transfer the Annuity Account Value
among the Investment Funds, the Guaranteed Interest Account and the Fixed
Maturity Account.
TAX CHANGES
The United States Congress has in the past considered, and may in the future
consider legislative proposals that, if enacted, could change the tax treatment
of annuities and retirement plans. In addition, the Treasury Department may
amend existing regulations, issue new regulations, or adopt new interpretations
of existing laws. State tax laws or, if you are not a United States resident,
foreign tax laws, may affect the tax consequences to you or the beneficiary.
These laws may change from time to time without notice and, as a result, the tax
consequences may be altered. There is no way of predicting whether, when or in
what form any such change would be adopted. Any such change could have
retroactive effects regardless of the date of enactment. We suggest you consult
your legal or tax adviser.
ERISA MATTERS
ERISA rules are designed to save and protect qualified retirement plan assets to
be paid to plan participants when they retire.
Qualified Plans under 401 of the Code are generally subject to ERISA. Some TSAs
may also be subject to Title I of ERISA, generally dependent on the level of
employer involvement, for example if the employer makes matching contributions.
EDCs maintained by tax-exempt organizations and SIMPLE IRAs may also be subject
to certain ERISA provisions.
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CERTAIN RULES APPLICABLE TO PLAN LOANS
Qualified plans and TSA loans are subject to Code limits and may also be subject
to the limits of the applicable plan. Code requirements apply even if the plan
is not subject to ERISA. For example, loans offered by certain qualified plans
and TSAs are subject to the following conditions:
o The amount of a loan to a participant, when aggregated with all other loans to
the participant from all qualified plans of the employer, cannot exceed the
greater of $10,000 or 50% of the participant's non-forefeitable accrued
benefits, and cannot exceed $50,000 in any event. This $50,000 limit is
reduced by the excess (if any) of the highest outstanding loan balance over
the previous twelve months over the outstanding balance of plan loans on the
date the loan was made.
o In general, the term of the loan cannot exceed five years unless the loan is
used to acquire the participant's primary residence. EQUI-VEST Contracts have
a term limit of 10 years for loans used to acquire the participant's primary
residence.
o All principal and interest must be amortized in substantially level payments
over the term of the loan, with payments being made at least quarterly.
o If the loan does not qualify under the conditions above, the participant fails
to repay the interest or principal when due, or in some instances, if the
participant separates from service or the plan is terminated, the amount
borrowed or not repaid may be treated as a distribution. The participant may
be required to include as ordinary income the unpaid amount due and a 10%
penalty tax on early distributions may apply. The plan should report the
amount of the unpaid loan balance to the IRS as a distribution.
o Many plans provide that the participant's spouse must consent in writing to
the loan.
In addition, certain loan rules apply only to loans under ERISA plans:
o For contracts which are subject to ERISA, the trustee or sponsoring employer
is responsible for insuring that any loan meets applicable Department of Labor
(DOL) requirements. It is the responsibility of the plan administrator, the
trustee of the qualified plan and/or the employer, and not Equitable Life, to
properly administer any loan made to plan participants. With respect to
specific loans made by the plan to a plan participant, the plan administrator
determines the interest rate, the maximum term and all other terms and
conditions of the loan.
o With respect to specific loans made by the plan to a plan participant, the
plan administrator determines the interest rate, the maximum term and all
other terms and conditions of the loan.
o Only 50% of the participant's vested account balance may serve as security for
a loan. To the extent that a participant borrows an amount which should be
secured by more than 50% of the participant's vested account balance, it is
the responsibility of the trustee or plan administrator to obtain the
additional security.
o Each new or renewed loan must bear a reasonable rate of interest commensurate
with the interest rates charged by persons in the business of lending money
for loans that would be made under similar circumstances.
o Loans must be available to all plan Participants, former Participants who
still have account balances under the plan, beneficiaries (after the death of
a Participant) and alternate payees on a reasonably equivalent basis.
CERTAIN RULES APPLICABLE TO PLANS DESIGNED TO COMPLY WITH SECTION 404(C) OF
ERISA.
Section 404(c) of ERISA, and the related DOL regulation, provide that if a plan
participant or beneficiary exercises control over the assets in his or her plan
account, plan fiduciaries will not be liable for any loss that is the direct and
necessary result of the plan participant's or beneficiary's exercise of control.
As a result, if the plan complies with Section 404(c) and the DOL regulation
thereunder, the plan participant can make and is responsible for the results of
his or her own investment decisions.
Section 404(c) plans must provide, among other things that a broad range of
investment choices are available to plan participants and beneficiaries and must
provide such plan participants and beneficiaries with enough information to make
informed investment decisions. Compliance with the Section 404(c) regulation is
completely voluntary by the plan sponsor, and the plan sponsor may choose not to
comply with Section 404(c).
The EQUI-VEST Trusteed, HR-10 Annuitant-Owned SIMPLE IRA and TSA programs
provide the broad range of investment choices and information needed in order to
meet the requirements of the Section 404(c)
47
<PAGE>
regulation. If the plan is intended to be a Section 404(c) plan, it is, however,
the plan sponsor's responsibility to see that the requirements of the DOL
regulation are met. Equitable Life and its Agents shall not be responsible if a
plan fails to meet the requirements of Section 404(c).
ON PAGE 89, THE INFORMATION UNDER THE HEADING "PART 11: INDEPENDENT ACCOUNTANTS"
IS DELETED AND REPLACED BY THE FOLLOWING:
The consolidated financial statements of Equitable Life for the years ended
December 31, 1996, 1995, and 1994 included in Equitable Life's Annual Report on
Form 10-K for the year ended December 31, 1996, incorporated by reference in the
prospectus, have been audited by Price Waterhouse LLP, independent accountants,
whose report thereon is incorporated herein by reference. Such consolidated
financial statements have been incorporated herein by reference in reliance upon
the report of Price Waterhouse LLP given upon their authority as experts in
accounting and auditing.
48
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- --------------------------------------------------------------------------------
STATEMENT OF ADDITIONAL INFORMATION
TABLE OF CONTENTS
- --------------------------------------------------------------------------------
PART 1: ADDITIONAL LOAN PROVISIONS Page 3
PART 2: TAX RULES: SPECIAL ASPECTS Page 5
PART 3: REQUIRED MINIMUM DISTRIBUTIONS OPTION Page 6
PART 4: ACCUMULATION UNIT VALUES Page 7
PART 5: CALCULATION OF ANNUITY PAYMENTS Page 7
PART 6: THE REORGANIZATION Page 9
PART 7: ALLIANCE MONEY MARKET FUND YIELD INFORMATION Page 9
PART 8 OTHER YIELD INFORMATION Page 10
PART 9: DISTRIBUTION Page 10
PART 10: KEY FACTORS IN RETIREMENT PLANNING Page 10
PART 11: LONG-TERM MARKET TRENDS Page 15
PART 12: CUSTODIAN AND INDEPENDENT ACCOUNTANTS Page 17
PART 13: FINANCIAL STATEMENTS Page 17
HOW TO OBTAIN THE EQUI-VEST STATEMENT OF ADDITIONAL INFORMATION
Call 1-800-628-6673 or send this request form to:
--------------------------------------------------------------------
EQUI-VEST
Administration Office
The Equitable
P.O. Box 2996
New York, NY 10116-2996
--------------------------------------------------------------------
Please send me a Statement of Additional Information dated May 1, 1997
- --------------------------------------------------------------------------------
Name
- --------------------------------------------------------------------------------
Address
- --------------------------------------------------------------------------------
City State Zip
49
<PAGE>
EQUI-VEST(R)
PERSONAL RETIREMENT PROGRAMS
AND
EMPLOYER-SPONSORED RETIREMENT PROGRAMS
PROSPECTUS, DATED MAY 1, 1997
VARIABLE ANNUITY CONTRACTS FUNDED THROUGH THE
INVESTMENT FUNDS OF SEPARATE ACCOUNT A
Issued By:
The Equitable Life Assurance Society of the United States
- --------------------------------------------------------------------------------
This prospectus describes group and individual deferred variable annuity
contracts (CONTRACTS) offered by The Equitable Life Assurance Society of the
United States (EQUITABLE LIFE). The EQUI-VEST Contracts are designed for
retirement savings and long-range financial planning as part of a retirement
savings plan. Contributions in EQUI-VEST Contracts accumulate on a Federal
income tax-deferred basis, and at a future date you can receive a stream of
periodic payments, including a fixed or variable annuity.
EQUI-VEST Personal Retirement Programs include individual retirement annuities
(IRAS) and those established through rollovers from tax-favored retirement plans
(QP IRAS) as well as non-qualified annuities (NQS).
EQUI-VEST Employer-Sponsored Retirement Programs include SEPs, SIMPLE IRAs,
TSAs, EDCs, Trusteed and Annuitant-Owned HR-10 Plans, as described in this
prospectus.
EQUI-VEST offers the investment options (INVESTMENT OPTIONS) listed below. These
Investment Options include the Guaranteed Interest Account, which is part of
Equitable Life's general account and pays interest at guaranteed fixed rates,
twenty-four variable investment funds (INVESTMENT FUNDS) of Separate Account A
(SEPARATE ACCOUNT), and ten Fixed Maturity Periods (FIXED MATURITY PERIODS) in
the Fixed Maturity Account (in states where approved).
INVESTMENT FUNDS
- --------------------------------------------------------------------------------
o Alliance Money Market o Alliance Small Cap Growth
o Alliance Intermediate Government Alliance Asset Allocation Series:
Securities o Alliance Conservative Investors
o Alliance High Yield o Alliance Balanced
o Alliance Quality Bond o Alliance Growth Investors
o Alliance Growth & Income o T. Rowe Price International Stock
o Alliance Equity Index o T. Rowe Price Equity Income
o Alliance Common Stock o EQ/Putnam Growth & Income Value
o Alliance Global
o Alliance International
o Alliance Aggressive Stock
OTHER INVESTMENT OPTIONS
- --------------------------------------------------------------------------------
o EQ/ Putnam Balanced o Guaranteed Interest Account
o MFS Research o Fixed Maturity Account:
o MFS Emerging Growth Companies A choice of ten Fixed
o Morgan Stanley Emerging Markets Equity Maturity Periods with
o Warburg Pincus Small Company Value expiration dates 1998
o Merrill Lynch World Strategy through 2007
o Merrill Lynch Basic Value Equity
We invest each Investment Fund in shares of a corresponding portfolio
(PORTFOLIO) of either Class IA shares of the Hudson River Trust (HRT) or in
Class IB shares of The EQ Advisors Trust (EQAT), two mutual funds whose shares
are purchased by the separate accounts of insurance companies. The prospectuses
for HRT (in which the "Alliance" Investment Funds invest) and EQAT (in which the
other Investment Funds invest), directly following this prospectus, describe the
investment objectives, policies and risks of the Portfolios. Investment Funds
relating to EQAT and the Alliance Small Cap Growth Fund will be available in
early June 1997, except for the Morgan Stanley Emerging Markets Equity Fund
which will be available on or about September 2, 1997.
Amounts allocated to a Fixed Maturity Period within the Fixed Maturity Account
accumulate on a fixed basis and are credited with interest at a rate we set
(RATE TO MATURITY) for the entire period. On each business day (BUSINESS DAY) we
will determine the Rate to Maturity available for amounts newly allocated to
Fixed Maturity
May 1, 1997 888-1124
- --------------------------------------------------------------------------------
Copyright 1997
The Equitable Life Assurance Society of the United States,
New York, New York, 10104.
All rights reserved.
<PAGE>
Cover page continued
Periods. A market value adjustment (positive or negative) will be made for
withdrawals, transfers, terminations and certain other transactions from a Fixed
Maturity Period before its expiration date (EXPIRATION DATE). Each Fixed
Maturity Period has its own Rate to Maturity.
Participants may choose from a variety of payout options. If an annuity is
selected as the retirement payout option, variable and fixed annuities are
available. Fixed annuities are funded through Equitable Life's general account.
Variable payments will be funded through your choice of Investment Funds.
This prospectus provides information about EQUI-VEST that prospective investors
should know before investing. You should read it carefully and retain it for
future reference. The prospectus is not valid unless it is attached to current
prospectuses for HRT and EQAT, which you should also read carefully. The HRT and
EQAT prospectuses are attached to this prospectus.
Registration statements relating to the Separate Account and to interests under
the Fixed Maturity Periods have been filed with the Securities and Exchange
Commission (SEC). The Statement of Additional Information (SAI), dated May 1,
1997, which is part of the registration statement for the Separate Account, is
available free of charge upon request by writing to the Processing Office or
calling 1-800-628-6673, our toll-free number. The SAI has been incorporated by
reference into this prospectus. The Table of Contents for the SAI appears at the
back of this prospectus.
THESE SECURITIES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SECURITIES AND
EXCHANGE COMMISSION NOR HAS THE COMMISSION PASSED UPON THE ACCURACY OR ADEQUACY
OF THIS PROSPECTUS. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.
THE CONTRACTS ARE NOT INSURED BY THE FDIC OR ANY OTHER AGENCY. THEY ARE NOT
DEPOSITS OR OTHER OBLIGATIONS OF ANY BANK AND ARE NOT BANK GUARANTEED. THEY ARE
SUBJECT TO INVESTMENT RISKS AND POSSIBLE LOSS OF PRINCIPAL INVESTED.
2
<PAGE>
INCORPORATION OF CERTAIN DOCUMENTS BY REFERENCE
Equitable Life's Annual Report on Form 10-K for the year ended December
31, 1996 is incorporated herein by reference.
All documents or reports filed by Equitable Life pursuant to Section
13(a), 13(c), 14 or 15(d) of the Securities Exchange Act of 1934 (EXCHANGE ACT)
after the date hereof and prior to the termination of the offering of the
securities offered hereby shall be deemed to be incorporated by reference in
this prospectus and to be a part hereof from the date of filing of such
documents. Any statement contained in a document incorporated or deemed to be
incorporated herein by reference shall be deemed to be modified or superseded
for purposes of this prospectus to the extent that a statement contained herein
or in any other subsequently filed document which also is or is deemed to be
incorporated by reference herein modifies or supersedes such statement. Any such
statement so modified or superseded shall not be deemed, except as so modified
and superseded, to constitute a part of this prospectus. Equitable Life files
its Exchange Act documents and reports, including its annual and quarterly
reports on Form 10-K and Form 10-Q, electronically pursuant to EDGAR under CIK
No. 0000727920. The SEC maintains a web site that contains reports, proxy and
information statements and other information regarding registrants that file
electronically with the SEC. The address of the site is http://www.sec.gov.
Equitable Life will provide without charge to each person to whom this
prospectus is delivered, upon the written or oral request of such person, a copy
of any or all of the foregoing documents incorporated herein by reference (other
than exhibits not specifically incorporated by reference into the text of such
documents). Requests for such documents should be directed to The Equitable Life
Assurance Society of the United States, 1290 Avenue of the Americas, New York,
New York 10104. Attention: Corporate Secretary (telephone: (212) 554-1234).
- --------------------------------------------------------------------------------
3
<PAGE>
- --------------------------------------------------------------------------------
PROSPECTUS TABLE OF CONTENTS
- --------------------------------------------------------------------------------
GENERAL TERMS PAGE 6
PART 1: SUMMARY PAGE 9
Equitable Life 9
Types of Retirement Programs 9
Investment Options 10
Selecting Investment Options 11
Contributions 11
Transfers 11
Services We Provide 11
Distribution Options and Death
Benefits 12
SPDA Variable Distribution Option 13
Withdrawals and Termination 13
Loans 13
Taxes 13
Deductions and Charges 13
Deferred Variable Annuities 14
10-Day Free Look for EQUI-VEST 14
Fee Tables and Examples 15
PART 2: SEPARATE ACCOUNT A AND
ITS INVESTMENT FUNDS PAGE 25
Separate Account A 25
Trusts 25
The Hudson River Trust 26
Alliance Capital Management L.P.,
HRT's Manager and Investment Adviser 26
EQ Advisors Trust 26
EQAT's Manager 27
EQAT's Investment Advisers 27
Investment Policies and Objectives of
the Trusts' Portfolios 28
PART 3: INVESTMENT PERFORMANCE PAGE 31
Investment Fund Performance 31
Standardized Computation of
Performance for EQUI-VEST 36
Communicating Performance Data 37
PART 4: THE GUARANTEED INTEREST
ACCOUNT PAGE 38
PART 5: THE FIXED
MATURITY ACCOUNT PAGE 39
Allocations to Fixed Maturity Periods 39
Availability of Fixed Maturity Periods 39
Rates to Maturity and Present Value
Per $100 of Maturity Amount 39
Options at Expiration Date 39
Market Value Adjustment for Transfers,
Withdrawals or Termination Prior
to the Expiration Date 40
PART 6: PROVISIONS OF THE EQUI-VEST
CONTRACTS PAGE 42
The EQUI-VEST Contract Series 42
Selecting Investment Options 42
Contributions under the Contracts 43
Annuity Account Value 44
Transfers 45
Automatic Transfer Options
Investment Simplifier 46
Loans (for TSA and Corporate Trusteed
Only) 47
Assignment and Funding Changes 47
Partial Withdrawals and Termination 47
Third Party Transfers or Exchanges 48
Requirements for Distributions 48
Distribution Options 48
Guaranteed Death Benefit 51
Your Beneficiary 51
Proceeds 52
PART 7: DEDUCTIONS AND
CHARGES PAGE 53
All Contracts 53
Charges to Portfolios 53
Charges for State Premium and
Other Applicable Taxes 53
EQUI-VEST IRA, QP IRA, SEP,
SIMPLE IRA and NQ Contracts
(Series 300 and 400 Only) 54
Charges to Investment Funds 54
Annual Administrative Charge 54
Contingent Withdrawal Charge 54
Allocation of Certain Charges to the
Fixed Maturity Account 57
Charge on Third Party Transfer or
Exchange 57
All EQUI-VEST EDC, TSA and
Trusteed Contracts plus IRA, QP
IRA, SEP, SIMPLE IRA and NQ
(Series 100 and 200 Only) 57
Limitation on Charges 57
Charges to Investment Funds 57
Annual Administrative Charge 58
Contingent Withdrawal Charge 58
PART 8: VOTING RIGHTS PAGE 61
HRT and EQAT Voting Rights 61
Voting Rights of Others 61
Separate Account Voting Rights 61
Changes in Applicable Law 61
4
<PAGE>
PART 9: FEDERAL TAX AND
ERISA MATTERS PAGE 62
Annuities 62
Taxation of Non-Qualified
Annuities 62
Special Rules for Tax-Favored
Retirement Programs 63
Tax-Qualified Retirement Plans
(Qualified Plans) 63
Tax-Sheltered Annuity
Arrangements (TSAs) 64
Distributions from Qualified Plans and
TSAs 64
Tax-Free Rollover 65
Minimum Distributions 65
Limitations on Distributions 66
Spousal Consent Rules 67
Tax-Qualified Individual Retirement
Annuities (IRAs) 67
Cancellation 67
Contributions to IRAs 67
Annuity Account Values and Cash
Values (Tables) 73
Simplified Employee Pensions (SEPs) 74
Savings Incentive Match Plan
(SIMPLE IRAs) 74
Public and Tax-Exempt Organization
Employee-Deferred Compensation
Plans (EDC Plans) 75
Penalty Tax on Early Distributions 76
Tax Penalty for Insufficient
Distributions 76
Limits on Distributions 76
Federal and State Income Tax
Withholding 76
Other Withholding 78
Special Rules for NQ and Trusteed
Contracts Issued in Puerto Rico 78
Impact of Taxes to Equitable Life 78
Transfers among Investment Options 78
Tax Changes 78
ERISA Matters 78
Certain Rules Applicable to Plan Loans 78
Certain Rules Applicable to Plans
Designed to Comply with Section
404(c) of ERISA 79
PART 10: INDEPENDENT ACCOUNTANTS PAGE 81
APPENDIX I: AN EXAMPLE OF
FIXED MATURITY PERIOD MARKET
VALUE ADJUSTMENT PAGE 82
STATEMENT OF ADDITIONAL
INFORMATION
TABLE OF CONTENTS PAGE 82
HOW TO OBTAIN THE EQUI-VEST
STATEMENT OF ADDITIONAL
INFORMATIONPAGE 82
5
<PAGE>
- --------------------------------------------------------------------------------
GENERAL TERMS
- --------------------------------------------------------------------------------
In this prospectus, the terms "we," "our" and "us" mean The Equitable Life
Assurance Society of the United States (EQUITABLE LIFE). The terms "you" and
"your" refer to the Contract Owner.
ACCUMULATION UNIT--Contributions that are invested in an Investment Fund
purchase Accumulation Units in that Investment Fund. The "Accumulation Unit
Value" is the dollar value of each Accumulation Unit in an Investment Fund on a
given date.
ANNUITANT/PARTICIPANT--We use the term Annuitant in our Contracts and in our
Certificates we use the term Participant. In either case, these terms mean the
individual who is the measuring life for determining annuity benefits and
generally the person who is entitled to receive those benefits. The person may,
in certain cases, not be the Contract or Certificate Owner. The Annuitant or
Participant will have the right to exercise rights under a Contract or
Certificate only if that person is also the Contract or Certificate Owner.
Throughout this prospectus, we will use the term "Annuitant" to refer to both
Annuitants and Participants.
ANNUITY ACCOUNT VALUE--The sum of the amounts in the Investment Options under
your Contract, plus the amount of any loan reserve account. The sum of the
amounts in the Investment Options on any Business Day equals (1) the value of
your Investment Funds on that date, (2) the value in the Guaranteed Interest
Account on that date plus (3) the sum of your Market Adjusted Amounts in the
Fixed Maturity Periods on that date. See "Annuity Account Value" in Part 6.
BUSINESS DAY--Generally, our Business Day is any day on which Equitable Life is
open and the New York Stock Exchange is open for trading. We are closed on
national business holidays and also on Martin Luther King, Jr. Day and the
Friday after Thanksgiving. Additionally, we may choose to close on the day
immediately preceding or following a national business holiday or due to
emergency conditions. For the purpose of determining the Transaction Date, our
Business Day ends at 4:00 p.m. Eastern Time or the closing of the New York Stock
Exchange, if earlier.
CASH VALUE--The Annuity Account Value minus any applicable withdrawal charges
and minus any outstanding loan.
CODE--The Internal Revenue Code of 1986, as amended.
CONTRACT/CERTIFICATE--When EQUI-VEST is offered under a group Contract, the
document provided to participating individuals is called a Certificate rather
than a Contract. When EQUI-VEST is offered on an individual basis, the document
provided is a Contract. Throughout this prospectus, we will use the term
"Contract" to refer to both Contracts and Certificates.
CONTRACT DATE/PARTICIPATION DATE--We use the term Contract Date in our Contracts
and in our Certificates we use the term Participation Date. In either case, this
is the Business Day we receive at our Processing Office, the properly completed
and signed application form for your Contract, any other required documentation
and a contribution (unless payment is being made through your employer).
Throughout this prospectus, we will use the term "Contract Date" to refer to
both the Contract Date and Participation Date.
CONTRACT OWNER/CERTIFICATE OWNER--The Annuitant, employer, trustee or other
party, whichever owns the Contract or Certificate. References to "Contracts" and
"Contract Owners" in this prospectus include the Certificates and their
Certificate Owners. Throughout this prospectus, we will use the term "Contract
Owner" to refer to both the Contract Owner and Certificate Owner.
CONTRACT YEAR/PARTICIPATION YEAR--We use the term Contract Year in our Contracts
and in our Certificates we use the term Participation Year. In either case, this
is the 12-month period beginning on either your Contract Date or each
anniversary of that date. Throughout this prospectus, we will use the term
"Contract Year" to refer to both Contract Year and Participation Year.
CURRENT TOTAL ACCOUNT BALANCE--The sum of the amounts in your Investment Funds
and your Guaranteed Interest Account, plus the total Book Value of all of your
Fixed Maturity Periods.
ERISA--The Employee Retirement Income Securities Act of 1974, as amended.
6
<PAGE>
EQAT--The EQ Advisors Trust, a mutual fund in which some of the assets of
Separate Account A are invested.
EXPIRATION DATE--The date on which a Fixed Maturity Period ends.
FIXED MATURITY ACCOUNT--The Account that contains the Fixed Maturity Periods.
The Fixed Maturity Account is referred to as the "Guaranteed Period Account" in
the Contracts.
FIXED MATURITY PERIOD (PERIODS)--Any of the periods of time ending on an
Expiration Date that are available for investment under certain Series 400
Contracts. Fixed Maturity Periods are referred to as "Guarantee Periods" in the
Contracts.
GUARANTEED INTEREST ACCOUNT--The Investment Option that pays interest at
guaranteed fixed rates and is part of our general account. The Guaranteed
Interest Account is referred to as "Guaranteed Interest Division" in some
EQUI-VEST Certificates.
HRT--The Hudson River Trust, a mutual fund in which some of the assets of
Separate Account A are invested.
INVESTMENT FUNDS--In some EQUI-VEST Contracts, the Investment Funds are referred
to as Investment Divisions. These are the twenty-four variable investment funds
of Separate Account A. Throughout this prospectus, we will use the term
"Investment Funds" to refer to both Investment Funds and Investment Divisions.
INVESTMENT OPTIONS--The choices for investment of contributions: the twenty-four
Investment Funds, the Guaranteed Interest Account, each available Fixed Maturity
Period within the Fixed Maturity Account.
MATURITY AMOUNT--The amount in a Fixed Maturity Period on its Expiration Date.
The Maturity Amount is referred to as the "Maturity Value" in the Contracts.
MAXIMUM FUND CHOICE--One of two methods for selecting Investment Options -- This
election will result in restrictions on the amount transferable out of the
Guaranteed Interest Account, but will allow the Contract Owner to allocate
contributions to any Investment Fund, the Guaranteed Interest Account and (for
Owners of Series 400 IRA, QP IRA and NQ Contracts only, subject to state
approval) the Fixed Maturity Account.
MAXIMUM TRANSFER FLEXIBILITY--One of two methods for selecting Investment
Options--this election allows the Contract Owner to allocate contributions to
certain HRT and EQAT Investment Options and to the Guaranteed Interest Account,
with no transfer restrictions on the amount transferable out of the Guaranteed
Interest Account.
ORIGINAL CONTRACTS / CERTIFICATES--EQUI-VEST Contracts under which the EQUI-VEST
Contract Owner has not elected to add Investment Options other than the
Guaranteed Interest Account and the Alliance Money Market, Alliance Balanced,
Alliance Common Stock and Alliance Aggressive Stock Funds. These Contracts
prohibit transfers into the Money Market Fund.
PARTICIPANT--An individual who participates in an Employer's plan funded by an
EQUI-VEST Contract.
PORTFOLIOS--The portfolios of EQAT or HRT that correspond to the Investment
Funds of the Separate Account.
PROCESSING OFFICE--The office to which all contributions, written requests or
other written communications must be sent. See "Services We Provide" in Part 1.
RATE TO MATURITY--The interest rate established for each Business Day for each
Fixed Maturity Period. Rates to Maturity are referred to as "Guaranteed Rates"
in the Contracts.
SAI--The EQUI-VEST Statement of Additional Information.
SEPARATE ACCOUNT--Our Separate Account A.
SUCCESSOR ANNUITANT AND OWNER--The individual who upon the death of the
Annuitant and Owner succeeds as the Annuitant and Owner of the Contract. You can
designate a Successor Annuitant and Owner under Series 300 and 400 Contracts if
the following conditions are met: (1) you are both Annuitant and Owner and (2)
you name your spouse as the sole beneficiary.
SUCCESSOR OWNER--The individual who upon your death will succeed you as Owner of
your Contract. A Successor Owner can be designated under Series 300 and 400
Contracts.
TRANSACTION DATE--The Business Day we receive a contribution or acceptable
written or TOPS transaction request providing the information we need at our
Processing Office. If your contribution or request is not accompanied by
complete information or is mailed to the wrong address, the Transaction Date
will be the date we receive such complete information at our Processing Office.
If your contribution or request reaches our Process-
7
<PAGE>
ing Office on a non-Business Day, or after the close of the Business Day, the
Transaction Date will be the next following Business Day -- unless under certain
circumstances, a future date certain is specified in the request.
TRUSTS--The Hudson River Trust (HRT) and EQ Advisors Trust (EQAT) collectively.
VALUATION PERIOD--Each Business Day together with any consecutive preceding
non-Business Day(s).
8
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PART 1: SUMMARY
- --------------------------------------------------------------------------------
The following Summary is qualified in its entirety by more detailed information
appearing elsewhere in the prospectus (see "Prospectus Table of Contents" on
page 4) and the terms of applicable Contracts. Please be sure to read the
prospectus in its entirety.
EQUITABLE LIFE
EQUITABLE LIFE is a New York stock life insurance company that has been in
business since 1859. For more than 100 years we have been among the largest life
insurance companies in the United States. Equitable Life has been selling
annuities since the turn of the century. Our Home Office is located at 1290
Avenue of the Americas, New York, New York 10104. We are authorized to sell life
insurance and annuities in all fifty states, the District of Columbia, Puerto
Rico and the Virgin Islands. We maintain local offices throughout the United
States.
Equitable Life is a wholly owned subsidiary of The Equitable Companies
Incorporated (the "Holding Company"). The largest shareholder of the Holding
Company is AXA-UAP (AXA), a French company. As of January 1, 1997, AXA
beneficially owned 63.8% of the outstanding common stock of the Holding Company
(assuming conversion of the convertible preferred stock held by AXA). Under its
investment arrangements with Equitable Life and the Holding Company, AXA is able
to exercise significant influence over the operations and capital structure of
the Holding Company and its subsidiaries, including Equitable Life. AXA is the
holding company for an international group of insurance and related financial
service companies.
Equitable Life, the Holding Company and their subsidiaries managed approximately
$239.8 billion of assets as of December 31, 1996, including third party assets
of approximately $184.8 billion. We are one of the nation's leading pension fund
managers. These assets are primarily managed for retirement and annuity programs
for businesses, tax-exempt organizations and individuals. This broad customer
base includes nearly half of the Fortune 100 companies, more than 42,000 small
businesses, state and local retirement funds in more than half of the 50 states,
approximately 250,000 employees of educational and nonprofit institutions, as
well as nearly 500,000 other individuals. Millions of Americans are covered by
Equitable Life's annuity, life and pension contracts.
TYPES OF RETIREMENT PROGRAMS
EQUI-VEST is designed to meet the retirement savings needs of individuals and
those working for businesses and other organizations.
EQUI-VEST PERSONAL RETIREMENT PROGRAMS:
o IRA
An individual retirement annuity (IRA) for both deductible and
nondeductible IRA contributions made by an individual. The Contract Owner
must also be the Annuitant.
o QP IRA
An IRA for rollover distributions only (QP IRA) (generally from qualified
plans or tax-sheltered annuities). The Contract Owner must also be the
Annuitant. References to IRA may include QP IRA.
o NQ
A nonqualified (NQ) annuity is an annuity which is generally not used to
fund any type of qualified retirement plan and may be purchased only with
funds contributed by or on behalf of an individual. The Annuitant and
Contract Owner need not be the same.
EQUI-VEST EMPLOYER-SPONSORED RETIREMENT PROGRAMS:
o SEP AND SARSEP
An IRA Contract used to fund a simplified employee pension plan (SEP)
sponsored by sole proprietorships, partnerships or corporations.
Contributions are made directly by the employer, at the employer's expense
or under a salary reduction program (SARSEP) which permits an employer to
reduce an employee's compensation for the purpose of making contributions.
Each individual employee covered by the SEP is the Contract Owner of the
IRA set up on his or her behalf and must also be the Annuitant. SARSEPs are
no longer available after 12/31/96 for new employer groups. Unless
otherwise noted, all references to SEP Contracts include SARSEP
arrangements.
9
<PAGE>
o SIMPLE IRA
An IRA Contract used to fund a savings incentive match plan (SIMPLE IRA)
sponsored by any type of employer. Contributions are made under a salary
reduction program which permits an employer to reduce an employee's
compensation for the purpose of the employee's making contributions to the
plan. The employer must also make either matching or nonelective
contributions to the plan with respect to the employee's account. Each
individual employee covered by the SIMPLE IRA is the Contract Owner of the
IRA set up on his or her behalf and must also be the Annuitant.
o UNINCORPORATED AND CORPORATE TRUSTEED
Unincorporated Trustee-owned Contracts used to fund qualified defined
contribution plans of employers who are sole proprietorships, partnerships,
or business trusts. These plans are known as "HR-10" or "Keogh" plans.
Corporate Trusteed Contracts fund retirement plans of incorporated
employers. Such Corporate Trusteed Contracts are no longer offered for sale
by Equitable to new employers. In addition, contributions are made by the
employer for the benefit of employees who become Annuitants under the
Contract. We do not act as trustee for these plans, so the employer must
select a trustee.
o TSA
A Code section 403(b) tax-sheltered annuity (TSA) for public schools and
nonprofit entities organized under Code section 501(c)(3). Contributions
are made by the employer either directly or through a salary reduction
agreement entered into with the employee. Each employee is the Contract
Owner and must also be the Annuitant.
o UNIVERSITY TSA
A TSA, originally designed to meet the needs of restricted plans of some
universities, may be used for any TSA plan that prohibits loans and has
additional restrictions not found in the basic TSA. Contributions are made
by the employer either directly or through a salary reduction agreement
entered into with the employee. Each employee is the Contract Owner and
must also be the Annuitant. Unless otherwise noted, references to TSA
Contracts include University TSAs.
o EDC
Contracts used to fund Code Section 457 Employee Deferred Compensation
(EDC) plans of state and municipal governments and other tax-exempt
organizations. Contributions are made by the employer on behalf of the
employee generally pursuant to a salary reduction agreement. The employer
or a trust is the Contract Owner but the employee is the Annuitant. The EDC
program currently is not available for state or municipal government plans
in Texas.
o PAYROLL DEDUCTION IRA AND NQ
The employer merely sets up a payroll deduction program which assists in
remitting the employees own contributions to the Contract. The employer
does not sponsor any plan.
In the past, EQUI-VEST was available to fund HR-10 (Keogh) plans where the
Contracts were owned by the Annuitants themselves (Annuitant-Owned HR-10),
rather than by a trustee. Although we still issue such Annuitant-Owned HR-10
Contracts to employees whose employer's plans enrolled on this basis, plans of
this type are no longer available under EQUI-VEST to new employer groups.
Later in this prospectus we refer to program features which are specific to
particular types of retirement programs. Under some employer-sponsored plans,
the availability of certain features may be limited. Employers can provide more
detail about such plans.
Only NQ and Trusteed Contracts may be sold in Puerto Rico, and the tax aspects
described in this prospectus may differ. Please consult your tax advisor.
INVESTMENT OPTIONS
The following Investment Options are offered: The Guaranteed Interest Account,
and 24 variable Investment Funds listed earlier and described in greater detail
in Sections 2 and 3. Each Investment Fund invests in shares of a corresponding
Portfolio of either the HRT (Class IA) or the EQAT (Class IB), respectively. The
attached HRT and EQAT prospectuses describe the investment objectives and
policies of the Portfolios available to Contract Owners. Also subject to state
regulatory approval, our Fixed Maturity Account with its choice of ten Fixed
Maturity Periods is available under Series 400 IRA, QP IRA, and NQ Contracts.
If an employer's plan is intended to comply with the requirements of ERISA
Section 404(c), the Employer or the Plan Trustee is responsible for making sure
that the Investment Options chosen constitute a broad range of investment
choices as required by the Department of Labor's (DOL) regulation under ERISA
Section 404(c). See "Certain Rules Applicable to Plans Designed to Comply with
Section 404(c) of ERISA" in Part 9.
Educational information about investing which may be useful for Participants is
contained in "Part 10: Key Factors in Retirement Planning" in
10
<PAGE>
the SAI. The SAI is available free of charge by calling 1-800-628-6673.
SELECTING INVESTMENT OPTIONS
Under EQUI-VEST Trusteed Contracts, the Employer or Plan Trustee will choose the
Investment Options available to the Participant. Under all other Contracts, the
Contract Owner makes that choice. If any of the Options listed below are
selected, there will be restrictions on the amount you can transfer out of the
Guaranteed Interest Account. Additionally, if you are participating through your
Employer's plan and your Employer makes any of these Options available to you,
whether or not you select them, you will be subject to such restrictions. The
Options that result in restrictions are: Alliance Conservative Investors,
Alliance Money Market, Alliance Intermediate Government Securities, Alliance
Quality Bond, Alliance High Yield and the Fixed Maturity Periods.
EQUI-VEST Original Contracts and Certificates limit you to only the Guaranteed
Interest Account and the Alliance Money Market, Alliance Balanced, Alliance
Common Stock and Alliance Aggressive Stock Funds.
CONTRIBUTIONS
Generally, contributions may be made at any time: in single sum amounts, on a
regular basis or as your financial situation permits. For some types of
retirement plans, contributions must be made by the Employer. Different minimum
contribution limits apply to different EQUI-VEST Contracts.
Contributions are credited as of the Transaction Date, if they are accompanied
by properly completed forms. Failure to use the proper form, or to complete the
form properly, may result in a delay in crediting contributions. All
contributions made by check must be drawn on a bank in the U.S., in U.S. dollars
and made payable to Equitable Life. All checks are accepted subject to
collection. Under EQUI-VEST Trusteed Contracts, either you or the Plan Trustee,
or both, as applicable, must instruct us to allocate contributions to one or
several Investment Options that are available under your Employer's plan.
Under all other EQUI-VEST Contracts, you, as Owner, may instruct us to allocate
your contributions to one or several Investment Options.
Allocation percentages must be in whole numbers and the sum must equal 100%.
Contributions made to an Investment Fund purchase Accumulation Units in that
Investment Fund.
TRANSFERS
Under the EQUI-VEST Trusteed and EDC Contracts, either the Participant or Owner,
or the Plan Trustee, or both as applicable, may direct us to transfer among the
investment options. Under other EQUI-VEST Contracts, you may make such
transfers. There is no charge for these transfers. If you have an Original
Contract, restrictions will apply to transfers into the Alliance Money Market
Fund from any of the other Investment Options. Minimum transfer amounts may
apply.
SERVICES WE PROVIDE
Your Equitable Representative can help you with any questions you have. In
addition, there are a number of services designed to keep you informed.
REGULAR REPORTS
We currently provide written confirmation of every financial transaction, and:
o Annual statement
o Statement as of the last day of the Contract Year
We reserve the right to change the frequency of these reports.
ADDITIONAL SERVICES
Materials and seminars of an educational nature to assist retirement planning
needs of Participants can be arranged through your Equitable Representative.
Your Equitable Representative can also schedule retirement planning workshops to
facilitate plan enrollment periods.
TELEPHONE OPERATED PROGRAM
SUPPORT (TOPS) SYSTEM
TOPS is designed to provide up-to-date information via touch-tone telephone.
TOPS is available under all EQUI-VEST Contracts, but in certain plans, the use
of TOPS may be limited by the plan provisions. Use TOPS:
o for current Annuity Account Value;
o for current allocation percentages;
o for the number of units held in the Investment Funds under your account;
o to change your allocation percentages and/or transfer money among the
Investment Funds and the Guaranteed Interest Account; or
o to elect Investment Simplifier.
A special code number is required to use certain TOPS features. We have
established procedures that are considered to be reasonable and are designed to
confirm that instructions communi-
11
<PAGE>
cated by telephone are genuine. Such procedures include requiring certain
personal identification information prior to acting on telephone instructions
and providing written confirmation of instructions communicated by telephone. If
we do not employ reasonable procedures to confirm that instructions communicated
by telephone are genuine, we may be liable for any losses arising out of any
action on our part or any failure or omission to act as a result of our own
negligence, lack of good faith, or willful misconduct. In light of the
procedures established, we will not be liable for following telephone
instructions that we reasonably believe to be genuine. We reserve the right to
terminate or modify any telephone or automated transfer/withdrawal service we
provide upon 90 days written notice.
A toll-free number is available, and local TOPS telephone numbers will be
provided. TOPS is normally available daily, 24 hours a day. However, Equitable
will not be responsible for the unavailability of the system for any reason.
Transfers made after 4:00 p.m. Eastern Time on a Business Day or on a
non-Business Day are not effective until the following Business Day.
TOLL-FREE TELEPHONE SERVICES
We maintain toll-free numbers for your convenience. See the chart below.
WRITTEN COMMUNICATION
All items received at the proper address prior to 4:00 p.m. Eastern Time on a
Business Day will be effective on the same Business Day. Written requests will
be processed as of the date a properly completed request is received at our
Processing Office.
WHERE TO REACH US
- --------------------------------------------------------------------------------
FOR ALL WRITTEN REQUESTS
AND COMMUNICATIONS CONTRIBUTIONS:
(OTHER THAN CONTRIBU- FOR IRA & NQ OWNERS
TIONS AND LOAN REPAY- WHO CONTRIBUTE
MENTS) INDIVIDUALLY
- --------------------------------------------------------------------------------
REGULAR EQUI-VEST Equitable Life
MAIL Administration Office EQUI-VEST Administration
Equitable Life Office - Individual Collections
Post Office Box 2996 Post Office Box 13459
New York Newark, NJ 07188-0459
NY 10116-2996
EXPRESS EQUI-VEST Equitable Life
MAIL Administration Office c/o First Chicago
Equitable Life National Processing
200 Plaza Drive Center
2nd Floor 300 Harmon Meadow
Secaucus, NJ 07094 Boulevard, 3rd Floor
Secaucus, NJ 07094
Attn: Box 13459
TOPS ------------------------------ 1-800-755-7777 --------------------------
Note: Your subscriber number is 777700000
DAILY UNIT VALUE -------------------- 1-800-841-0801---------------------------
CUSTOMER SERVICE REPRESENTATIVES ------------ 1-800-628-6673 ------------------
(AVAILABLE 8:00 A.M.-7:00 P.M., EASTERN
TIME, ON EACH BUSINESS DAY)
- --------------------------------------------------------------------------------
CONTRIBUTIONS:
FOR EDC, TSA, TRUSTEED,
ANNUITANT OWNED HR-10,
SEP, SIMPLE IRA, AND
IRA AND NQ WHEN CONTRIBUTIONS LOAN REPAYMENTS:
ARE REMITTED FOR TSA AND CORPORATE
BY THE EMPLOYER TRUSTEED LOAN REPAYMENTS
- --------------------------------------------------------------------------------
REGULAR Equitable Life Equitable Life Loan
MAIL EQUI-VEST Administration Repayment EQUI-VEST
Office - Unit Collections Lockbox
Post Office Box 13463 Post Office Box 13496
Newark, NJ 07188-0463 Newark, NJ 07188-0496
EXPRESS Equitable Life N/A
MAIL c/o First Chicago National
Processing Center
300 Harmon Meadow
Boulevard, 3rd Floor
Secaucus, NJ 07094
Attn: Box 13463
TOPS ------------------------------ 1-800-755-7777 --------------------------
Note: Your subscriber number is 777700000
DAILY UNIT VALUE -------------------- 1-800-841-0801---------------------------
CUSTOMER SERVICE REPRESENTATIVES ------------ 1-800-628-6673 ------------------
(AVAILABLE 8:00 A.M.-7:00 P.M., EASTERN
TIME, ON EACH BUSINESS DAY)
- --------------------------------------------------------------------------------
DISTRIBUTION OPTIONS AND
DEATH BENEFITS
EQUI-VEST Contracts provide several different types of distribution options,
including:
o fixed and variable annuities;
o lump sum payments;
o partial withdrawals;
o required minimum distributions;
o payments for a specific period of time;
o our Systematic Withdrawal option under EQUI- VEST (not available for amounts
allocated to the Fixed Maturity Account).
There is a death benefit if the Annuitant dies before an annuity payout begins.
The beneficiary will be paid the greater of the Annuity Account Value minus any
outstanding loan balance (including accrued interest) or the minimum death
benefit. The minimum death benefit will not be less than
12
<PAGE>
the total contributions adjusted for total withdrawals and any applicable taxes,
less any outstanding loan balance (including accrued interest).
SPDA VARIABLE DISTRIBUTION OPTION
In addition to offering a variable annuity distribution option to participants
in EQUI-VEST we also make the variable annuity distribution option described in
Part 6 under "Distribution Options: Fixed and Variable Annuity Forms" available
to owners of Equitable Life's single premium deferred annuity (SPDA) contracts.
SPDA contractholders who are considering purchasing a variable distribution
option should review the section on Distribution Options in Part 6, "Part 2:
Separate Account A and its Investment Funds," "Part 3: Investment Performance,"
and the sections of the Statement of Additional Information which discuss the
variable annuity distribution option. Also see "Part 9: Federal Tax and ERISA
Matters" and the HRT prospectus attached.
WITHDRAWALS AND TERMINATION
Premature withdrawals or contract terminations (generally prior to age 59 1/2)
may be restricted and subject to an early withdrawal Federal income tax penalty.
See "Part 9: Federal Tax and ERISA Matters."
Subject to Federal Regulations and the provisions of any applicable employer
plan, you may withdraw funds at any time by completing and submitting the proper
form(s). These forms are available from your Equitable Representative or from
our Processing Office. Withdrawals may be subject to a minimum amount or to a
contingent withdrawal charge. Withdrawals from Fixed Maturity Periods prior to
their Expiration Dates will result in a market value adjustment.
LOANS
Certain EQUI-VEST Contracts permit loans without incurring a contingent
withdrawal charge (except in the event of a default). Such loans are
administered in accordance with current or proposed regulations, as we deem
appropriate. See "Loans (for TSA and Corporate Trusteed only)" in Part 6 for
more information.
TAXES
Generally, any earnings attributable to your Annuity Account Value will not be
included in your taxable income until distributions are made. See "Part 9:
Federal Tax and ERISA Matters."
DEDUCTIONS AND CHARGES
Keep in mind that these programs are designed for retirement savings and
long-range financial planning; certain charges will not apply unless you make
early withdrawals from your Contract.
Following is a summary of the different types of deductions and charges which
may be applicable.
o CHARGE TO INVESTMENT FUNDS--We make a daily charge for certain expenses of
the Contract. It covers death benefits, mortality risks, expenses and
expense risks. The daily Accumulation Unit Value is quoted net of these
charges. These charges will vary by Contract, and are at a maximum of 1.35%
(effective annual rate) for all funds other than the Alliance Money Market,
Alliance Common Stock and Alliance Balanced Funds which are at the 1.49%
(effective annual rate). Further, EQUI-VEST Series 100 and 200 Contracts
impose an overall limit of 1.75% on total Separate Account and Trust
expenses for the Alliance Money Market, Alliance Common Stock, Alliance
Aggressive Stock and Alliance Balanced Funds.
o TRUST CHARGES TO PORTFOLIOS--Investment advisory fees and other expenses of
the HRT and the EQAT are charged daily against the Trust's assets. These
charges are reflected in the Portfolio's daily share price and in the daily
Accumulation Unit Value for the Investment Funds.
o ADMINISTRATIVE CHARGES--The administrative charge is currently at a maximum
of $30 a year but may be less under certain contracts.
The charge is deducted each Contract Year from your Annuity Account Value
in the Guaranteed Interest Account and Investment Funds and, in certain
cases, from the Fixed Maturity Periods.
o CHARGES FOR STATE PREMIUM AND OTHER APPLICABLE TAXES--Generally, charges
for state premium taxes and other applicable taxes, if any, are deducted
when an annuity payment option is elected. The current tax charge that
might be imposed varies by state and ranges from 0% to 2.25%; however, the
rate is 1% in Puerto Rico and 5% in the Virgin Islands.
o CONTINGENT WITHDRAWAL CHARGE--If you terminate your participation under a
contract or make a partial withdrawal, your Annuity Account Value, as
applicable, may be subject to a contingent withdrawal charge that will be
used to cover sales and promotional expenses. This charge will not exceed
6% of the amount withdrawn. The amount withdrawn includes the
13
<PAGE>
amount you request and the withdrawal charge. Important exceptions and
limitations eliminate or reduce the contingent withdrawal charge.
o CHARGE ON THIRD PARTY TRANSFER OR EXCHANGE--You may instruct us to make a
direct transfer to a third party of amounts under your Contract, or request
that your Contract be exchanged for another contract or certificate issued
by another carrier. Certain Contracts permit us to deduct a charge of $25
per occurrence for such transfers or exchanges.
DEFERRED VARIABLE ANNUITIES
EQUI-VEST is a series of deferred variable annuity contracts. Deferred variable
annuities are designed for retirement savings and long-range financial planning.
Contributions are allowed to accumulate on a Federal income tax-deferred basis
and at a future date you can receive a stream of periodic payments. Tax deferral
is one of the advantages of an annuity over many other kinds of investments. In
addition, annuities offer individuals the opportunity to receive an assured
stream of payments for life. All future payments or withdrawals are taxable when
received, of course.
Under Federal tax law, an individual, employer or trustee may, subject to
various limits, purchase an annuity to fund a tax-favored retirement program,
such as an IRA or qualified retirement plan. In many cases, the individual or
employer makes contributions to the tax-favored retirement program with pre-tax
dollars. Alternatively, annuities may be purchased with after-tax dollars by
individuals who wish to create additional retirement savings. Early withdrawals
may be subject to a tax penalty and/or a contingent withdrawal charge.
There are a variety of payout options at retirement, including a lump sum and a
variety of investment choices while your contributions are accumulating.
10-DAY FREE LOOK FOR EQUI-VEST
You have the right to examine your EQUI-VEST Contract for a period of 10 days
after you receive it, and to return it to us for a refund. You cancel it by
sending it to our Processing Office. The free look is extended if your state
requires a refund period of longer than 10 days. This right applies only to the
initial owner of a Contract.
For contributions allocated to Investment Funds, your refund will equal those
contributions plus or minus any investment gain or loss through the date we
receive your Contract at our Processing Office. Certain daily charges will also
be automatically deducted. For contributions allocated to the Guaranteed
Interest Account, the refund will equal the amount allocated to the Guaranteed
Interest Account without interest. For contributions allocated to the Fixed
Maturity Account, the refund will equal the amount of your contributions plus
any crediting of interest, and plus or minus any market value adjustment. Some
states or Federal income tax regulations may require that we calculate the
refund differently. We follow these same procedures if you change your mind
before a Contract has been issued, but after a contribution has been made.
In certain cases, there may be tax implications to cancelling your Contract
during the 10-day free look period.
14
<PAGE>
FEE TABLES AND EXAMPLES
The EQUI-VEST Contracts may differ in terms of the fees that are charged. One of
the following Tables will apply to you. These Tables, and the related Examples,
will assist you in understanding the various costs and expenses under your
EQUI-VEST Contract so that you may compare them with other products. Except as
described in Notes 5 and 7 below, the Tables reflect expenses of both the
Separate Account and the applicable Trust for the year ended December 31, 1996.
As explained in Parts 4 and 5, the Guaranteed Interest Account and the Fixed
Maturity Account are not a part of the Separate Account and are not covered by
the following Tables and Examples. The only expenses shown in the Tables which
apply to the Guaranteed Interest Account and the Fixed Maturity Account are the
Contingent Withdrawal Charge, the Annual Administrative Charge and the Third
Party Transfer or Exchange Fee, if applicable. Also see "Income Annuity
Distribution Options" in Part 6 for the description of an administrative charge
which may apply when you annuitize.
Certain expenses and fees shown in these Tables may not apply to you. To
determine whether a particular item in a Table applies (and the actual amount,
if any) consult the section of the prospectus for your EQUI-VEST Contract series
indicated in the notes to the Table. For a description of the different
EQUI-VEST Series, see "Part 6: The EQUI-VEST Contract Series." A charge for
applicable state or local taxes may be deducted from contributions in some
states. See "Charges for State Premium and Other Applicable Taxes" in Part 7.
TABLE 1: EQUI-VEST SERIES 100
Description of Expenses
- -----------------------------------------
CONTRACT OWNER TRANSACTION EXPENSES
SALES LOAD ON PURCHASES......................................... NONE
MAXIMUM CONTINGENT WITHDRAWAL CHARGE (1) ....................... 6%
MAXIMUM ANNUAL ADMINISTRATIVE CHARGE (2) ....................... $30
<TABLE>
<CAPTION>
ALLIANCE
ALLIANCE INTERMEDIATE ALLIANCE
MONEY GOVERNMENT QUALITY ALLIANCE
MARKET SECURITIES BOND HIGH YIELD
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND HRT
ANNUAL EXPENSES (3) 1.75% N/A N/A N/A
Separate Account Annual Expenses (4)
Mortality and Expense Risk Fees .65% .50% .50% .50%
Other Expenses .84% .84% .84% .84%
- ------------------------------------------------------------------------------------------------------------------------------------
Total Separate Account Annual
Expenses 1.49% (3) 1.34% 1.34% 1.34%
HRT Annual Expenses (4)
Investment Advisory Fees 0.35% 0.50% 0.53% 0.60%
Other Expenses 0.04% 0.09% 0.05% 0.06%
- ------------------------------------------------------------------------------------------------------------------------------------
Total HRT Annual Expenses (5)(6) 0.39% (3) 0.59% 0.58% 0.66%
</TABLE>
<TABLE>
<CAPTION>
ALLIANCE ALLIANCE
GROWTH EQUITY
& INCOME INDEX
- -----------------------------------------------------------------------------------------------------------
<S> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND HRT
ANNUAL EXPENSES (3) N/A N/A
Separate Account Annual Expenses (4)
Mortality and Expense Risk Fees .50% .50%
Other Expenses .84% .84%
- -----------------------------------------------------------------------------------------------------------
Total Separate Account Annual
Expenses 1.34% 1.34%
HRT Annual Expenses (4)
Investment Advisory Fees 0.55% 0.33%
Other Expenses 0.05% 0.05%
- -----------------------------------------------------------------------------------------------------------
Total HRT Annual Expenses (5)(6) 0.60% 0.38%
</TABLE>
<TABLE>
<CAPTION>
ALLIANCE ALLIANCE ALLIANCE
COMMON ALLIANCE INTER- AGGRESSIVE
STOCK GLOBAL NATIONAL STOCK
- ----------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
MAXIMUM SEPARATE
ACCOUNT AND HRT
ANNUAL EXPENSES (3) 1.75% N/A N/A 1.75%
Separate Account Annual Expenses (4)
Mortality and Expense Risk Fees .65% .50% .50% .50%
Other Expenses .84% .84% .84% .84%
- ----------------------------------------------------------------------------------------------------------------------------
Total Separate Account
Annual Expenses 1.49% (3) 1.34% 1.34% 1.34% (3)
HRT Annual Expenses (4)
Investment Advisory Fees 0.38% 0.65% 0.90% 0.55%
Other Expenses 0.03% 0.08% 0.18% 0.03%
- ----------------------------------------------------------------------------------------------------------------------------
Total HRT Annual Expenses (5)(6) 0.41% (3) 0.73% 1.08% 0.58% (3)
</TABLE>
<TABLE>
<CAPTION>
ALLIANCE ALLIANCE
SMALL CONSERVATIVE ALLIANCE
CAP INVESTORS ALLIANCE GROWTH
GROWTH BALANCED INVESTORS
- ----------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
MAXIMUM SEPARATE
ACCOUNT AND HRT
ANNUAL EXPENSES (3) N/A N/A 1.75% N/A
Separate Account Annual Expenses (4)
Mortality and Expense Risk Fees .50% .50% .65% .50%
Other Expenses .84% .84% .84% .84%
- ---------------------------------------------------------------------------------------------------------------------------
Total Separate Account
Annual Expenses 1.34% 1.34% 1.49% (3) 1.34%
HRT Annual Expenses (4)
Investment Advisory Fees 0.90% 0.48% 0.42% 0.53%
Other Expenses 0.10% 0.07% 0.05% 0.06%
- ---------------------------------------------------------------------------------------------------------------------------
Total HRT Annual Expenses (5)(6) 1.00% 0.55% 0.47% (3) 0.59%
</TABLE>
15
<PAGE>
TABLE 1: EQUI-VEST SERIES 100 (CONTINUED)
<TABLE>
<CAPTION>
T. ROWE PRICE T. ROWE PRICE EQUITY EQ/PUTNAM GROWTH &
INTERNATIONAL STOCK INCOME INCOME VALUE
PORTFOLIO PORTFOLIO PORTFOLIO
- -------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND
EQAT ANNUAL EXPENSES N/A N/A N/A
Separate Account Annual Expenses
Mortality and Expense Risk Fees .50% .50% .50%
Other Expenses .84% .84% .84%
- -------------------------------------------------------------------------------------------------------------------------------
Total Separate Account Annual Expenses
1.34% 1.34% 1.34%
EQAT ANNUAL EXPENSES
Maximum Investment Advisory Fee .75% .55% .55%
Rule 12b-1 Fee .25% .25% .25%
Other Expenses (8) .20% .05% .05%
- -------------------------------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (7) 1.20% .85% .85%
</TABLE>
<TABLE>
<CAPTION>
EQ/ PUTNAM BALANCED
PORTFOLIO MFS RESEARCH
PORTFOLIO
- --------------------------------------------------------------------------------------------------------------
<S> <C> <C>
MAXIMUM SEPARATE ACCOUNT
AND EQAT ANNUAL EXPENSES N/A N/A
Separate Account Annual Expenses
Mortality and Expense Risk Fees .50% .50%
Other Expenses .84% .84%
- --------------------------------------------------------------------------------------------------------------
Total Separate Account Annual Expenses
1.34% 1.34%
EQAT ANNUAL EXPENSES
Maximum Investment Advisory Fee .55% .55%
Rule 12b-1 Fee .25% .25%
Other Expenses (8) .10% .05%
- --------------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (7) .90% .85%
</TABLE>
<TABLE>
<CAPTION>
MFS EMERGING MORGAN STANLEY WARBURG PINCUS
GROWTH COM- EMERGING MARKETS SMALL COMPANY
PANIES PORTFOLIO EQUITY PORTFOLIO VALUE PORTFOLIO
- -----------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT
AND EQAT ANNUAL EXPENSES N/A N/A N/A
Separate Account Annual Expenses
Mortality and Expense Risk Fees .50% .50% .50%
Other Expenses .84% .84% .84%
- -----------------------------------------------------------------------------------------------------------------------------
Total Separate Account Annual Expenses
1.34% 1.34% 1.34%
EQAT ANNUAL EXPENSES
Maximum Investment
Advisory Fee .55% 1.15% .65%
Rule 12b-1 Fee .25% .25% .25%
Other Expenses (8) .05% .35% .10%
- -----------------------------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (7) .85% 1.75% 1.00%
</TABLE>
<TABLE>
<CAPTION>
MERRILL LYNCH
MERRILL LYNCH WORLD BASIC VALUE
STRATEGY PORTFOLIO EQUITY PORTFOLIO
- ----------------------------------------------------------------------------------------------------------------
<S> <C> <C>
MAXIMUM SEPARATE ACCOUNT
AND EQAT ANNUAL EXPENSES N/A N/A
Separate Account Annual Expenses
Mortality and Expense Risk Fees .50% .50%
Other Expenses .84% .84%
- ----------------------------------------------------------------------------------------------------------------
Total Separate Account Annual Expenses
1.34% 1.34%
EQAT ANNUAL EXPENSES
Maximum Investment
Advisory Fee .70% .55%
Rule 12b-1 Fee .25% .25%
Other Expenses (8) .25% .05%
- ----------------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (7) 1.20% .85%
</TABLE>
TABLE 2: EQUI-VEST SERIES 200
Description of Expenses
- --------------------------------------
CONTRACT OWNER TRANSACTION EXPENSES
SALES LOAD ON PURCHASES.......................................... NONE
MAXIMUM CONTINGENT WITHDRAWAL CHARGE (1) ........................ 6%
MAXIMUM ANNUAL ADMINISTRATIVE CHARGE (2) ........................ $30
<TABLE>
<CAPTION>
ALLIANCE
ALLIANCE INTERMEDIATE ALLIANCE
MONEY GOVERNMENT QUALITY
MARKET SECURITIES BOND
- ----------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND HRT
ANNUAL EXPENSES (3) 1.75% N/A N/A
Separate Account Annual Expenses (4)
Mortality and Expense Risk Fees 1.15% 1.09% 1.09%
Other Expenses .25% .25% .25%
- ----------------------------------------------------------------------------------------------------------------------------
Total Separate Account Annual
Expenses 1.40% (3) 1.34% 1.34%
HRT Annual Expenses (4)
Investment Advisory Fees 0.35% 0.50% 0.53%
Other Expenses 0.04% 0.09% 0.05%
- ----------------------------------------------------------------------------------------------------------------------------
Total HRT Annual Expenses (5)(6) 0.39% (3) 0.59% 0.58%
</TABLE>
<TABLE>
<CAPTION>
ALLIANCE ALLIANCE
ALLIANCE GROWTH EQUITY
HIGH YIELD & INCOME INDEX
- -----------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND HRT
ANNUAL EXPENSES (3) N/A N/A N/A
Separate Account Annual Expenses (4)
Mortality and Expense Risk Fees 1.09% 1.09% 1.09%
Other Expenses .25% .25% .25%
- -----------------------------------------------------------------------------------------------------------------------
Total Separate Account Annual
Expenses 1.34% 1.34% 1.34%
HRT Annual Expenses (4)
Investment Advisory Fees 0.60% 0.55% 0.33%
Other Expenses 0.06% 0.05% 0.05%
- -----------------------------------------------------------------------------------------------------------------------
Total HRT Annual Expenses (5)(6) 0.66% 0.60% 0.38%
</TABLE>
16
<PAGE>
TABLE 2: EQUI-VEST SERIES 200 (CONTINUED)
<TABLE>
<CAPTION>
ALLIANCE
ALLIANCE ALLIANCE ALLIANCE SMALL
COMMON ALLIANCE INTER- AGGRESSIVE CAP
STOCK GLOBAL NATIONAL STOCK GROWTH
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND
HRT ANNUAL EXPENSES (3) 1.75% N/A N/A 1.75% N/A
Separate Account Annual Expenses (4)
Mortality and Expense Risk Fees 1.15% 1.09% 1.09% 1.09% 1.09%
Other Expenses .25% .25% .25% .25% .25%
- ------------------------------------------------------------------------------------------------------------------------------------
Total Separate Account Annual Expenses
1.40% (3) 1.34% 1.34% 1.34% (3) 1.34%
HRT Annual Expenses (4)
Investment Advisory Fees 0.38% 0.65% 0.90% 0.55% 0.90%
Other Expenses 0.03% 0.08% 0.18% 0.03% 0.10%
- ------------------------------------------------------------------------------------------------------------------------------------
Total HRT Annual
Expenses (5)(6) 0.41% (3) 0.73% 1.08% 0.58% (3) 1.00%
</TABLE>
<TABLE>
<CAPTION>
ALLIANCE
CONSER- ALLIANCE
VATIVE ALLIANCE GROWTH
INVESTORS BALANCED INVESTORS
- ----------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND
HRT ANNUAL EXPENSES (3) N/A 1.75% N/A
Separate Account Annual Expenses (4)
Mortality and Expense Risk Fees 1.09% 1.15% 1.09%
Other Expenses .25% .25% .25%
- ----------------------------------------------------------------------------------------------------------
Total Separate Account Annual Expenses
1.34% 1.40% (3) 1.34%
HRT Annual Expenses (4)
Investment Advisory Fees 0.48% 0.42% 0.53%
Other Expenses 0.07% 0.05% 0.06%
- ----------------------------------------------------------------------------------------------------------
Total HRT Annual
Expenses (5)(6) 0.55% 0.47% (3) 0.59%
</TABLE>
<TABLE>
<CAPTION>
T. ROWE PRICE T. ROWE PRICE EQUITY EQ/PUTNAM GROWTH &
INTERNATIONAL STOCK INCOME INCOME VALUE
PORTFOLIO PORTFOLIO PORTFOLIO
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND
EQAT ANNUAL EXPENSES N/A N/A N/A
Separate Account Annual Expenses
Mortality and Expense Risk Fees .50% .50% .50%
Other Expenses .84% .84% .84%
- ------------------------------------------------------------------------------------------------------------------------------------
Total Separate Account Annual
Expenses 1.34% 1.34% 1.34%
EQAT ANNUAL EXPENSES
Maximum Investment Advisory Fee .75% .55% .55%
Rule 12b-1 Fee .25% .25% .25%
Other Expenses (8) .20% .05% .05%
- ------------------------------------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (7) 1.20% .85% .85%
</TABLE>
<TABLE>
<CAPTION>
EQ/PUTNAM
BALANCED MFS RESEARCH
PORTFOLIO PORTFOLIO
- ----------------------------------------------------------------------------------------------------------------
<S> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND
EQAT ANNUAL EXPENSES N/A N/A
Separate Account Annual Expenses
Mortality and Expense Risk Fees .50% .50%
Other Expenses .84% .84%
- ----------------------------------------------------------------------------------------------------------------
Total Separate Account Annual
Expenses 1.34% 1.34%
EQAT ANNUAL EXPENSES
Maximum Investment Advisory Fee .55% .55%
Rule 12b-1 Fee .25% .25%
Other Expenses (8) .10% .05%
- ----------------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (7) .90% .85%
</TABLE>
<TABLE>
<CAPTION>
MORGAN STANLEY
MFS EMERGING EMERGING MARKETS WARBURG PINCUS
GROWTH COM- MARKETS EQUITY SMALL COMPANY
PANIES PORTFOLIO PORTFOLIO VALUE PORTFOLIO
- ----------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND
EQAT ANNUAL EXPENSES N/A N/A N/A
Separate Account Annual Expenses
Mortality and Expense Risk Fees .50% .50% .50%
Other Expenses (8) .84% .84% .84%
- ----------------------------------------------------------------------------------------------------------------------------
Total Separate Account Annual Expenses
1.34 % 1.34% 1.34%
EQAT ANNUAL EXPENSES
Maximum Investment Advisory
Fee .55% 1.15% .65%
Rule 12b-1 Fee .25% .25% .25%
Other Expenses (8) .05% .35% .10%
- ----------------------------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (7) .85% 1.75% 1.00%
</TABLE>
<TABLE>
<CAPTION>
MERRILL LYNCH
MERRILL LYNCH WORLD BASIC VALUE
STRATEGY PORTFOLIO EQUITY PORTFOLIO
- --------------------------------------------------------------------------------------------------------------
<S> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND
EQAT ANNUAL EXPENSES N/A N/A
Separate Account Annual Expenses
Mortality and Expense Risk Fees .50% .50%
Other Expenses (8) .84% .84%
- --------------------------------------------------------------------------------------------------------------
Total Separate Account Annual Expenses
1.34% 1.34%
EQAT ANNUAL EXPENSES
Maximum Investment Advisory Fee
.70% .55%
Rule 12b-1 Fee .25% .25%
Other Expenses (8) .25% .05%
- --------------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (7) 1.20% .85%
</TABLE>
17
<PAGE>
- --------------
Notes:
(1) The contingent withdrawal charge is a percentage of specified contributions
or amounts withdrawn, depending on the Contract. Important exceptions and
limitations may eliminate or reduce the contingent withdrawal charge. See
"Contingent Withdrawal Charge" in Part 7.
(2) Many Contracts are exempt from this charge. The Annual Administrative
Charge is the lesser of $30 or 2% of the Annuity Account Value. See "Annual
Administrative Charge" in Part 7.
(3) The amounts shown in the Table under "Maximum Separate Account and HRT
Annual Expenses," when added together, are not permitted to exceed a total
annual rate of 1.75% of the value of the assets held in the Alliance Money
Market, Alliance Common Stock, Alliance Aggressive Stock and Alliance
Balanced Funds. For Series 100 Contracts, without this expense limitation,
total Separate Account Annual Expenses plus HRT Annual Expenses for 1996
would have been 1.92%, 1.87%, 1.82%, and 1.90% for the Alliance Money
Market, Alliance Common Stock, Alliance Aggressive Stock and Alliance
Balanced Funds, respectively. For Series 200 Contracts, without this
expense limitation, total Separate Account Annual Expenses plus HRT Annual
Expenses for 1996 would have been 1.83%, 1.78%, 1.82%, and 1.81% for the
Alliance Money Market, Alliance Common Stock, Alliance Aggressive Stock and
Alliance Balanced Funds, respectively. For Series 100 Contracts Separate
Account Annual Expenses are guaranteed not to exceed a total annual rate of
1.49% for the Alliance Money Market, Alliance Balanced and Alliance Common
Stock Funds and an annual rate of 1.34% for all other Investment Funds. See
"Limitation on Charges" in Part 7.
(4) Separate Account and HRT expenses are shown as a percentage of each
Investment Fund's or Portfolio's average value. "Mortality and Expense Risk
Fees" includes death benefit charges. "Other Expenses" under "Separate
Account Annual Expenses" includes financial accounting expenses. See
"Limitation on Charges," "Charges to Investment Funds" and "Charges to
Portfolios" in Part 7.
(5) Effective May 1, 1997, a new Investment Advisory Agreement was entered into
between HRT and Alliance Capital Management L.P., HRT's Investment Adviser,
which effected changes in HRT's management fee and expense structure. See
HRT's prospectus for more information.
The tables above reflecting HRT's expenses are based on average portfolio
net assets for the year ended December 31, 1996 and have been restated to
reflect (i) the fees that would have been paid to Alliance if the current
advisory agreement had been in effect as of January 1, 1996 and (ii)
estimated accounting expenses for the year ending December 31, 1997. The
amounts shown for the Alliance Small Cap Growth Portfolio, which will
become available under the HRT on or about May 1, 1997 and for EQUI-VEST in
early June 1997, is an estimate.
(6) The investment advisory fee for each Portfolio may vary from year to year
depending upon the average daily net assets of the respective Portfolio of
the HRT. The maximum investment advisory fees, however, cannot be increased
without a vote of that Portfolio's shareholders. The other direct operating
expenses will also fluctuate from year to year depending on actual
expenses. HRT's expenses are shown as a percentage of each Portfolio's
average portfolio net assets. See "Charges to Portfolios" in Part 7.
(7) The EQAT funds were not available in 1996; therefore, these numbers reflect
anticipated annualized expenses for 1997. The portfolios became available
under the Trust on May 1, 1997 (except for the Morgan Stanley Emerging
Markets Equity Fund which will become available on or about September 2,
1997) and will be available in EQUI-VEST in early June 1997 (except for the
Morgan Stanley Emerging Markets Equity Fund which will be available on or
about September 2, 1997). EQ Financial Consultants, Inc. ("Manager")(see
Part 2) has entered into an expense limitation agreement with EQAT, with
respect to each Portfolio, ("Expense Limitation Agreements") pursuant to
which the Manager has agreed to waive or limit its fees and to assume other
expenses so that the total annual operating expenses of each Portfolio are
limited to: .85% of the respective average daily net assets of the T. Rowe
Price Equity Income, EQ/Putnam Growth & Income Value, MFS Research, MFS
Emerging Growth Companies and Merrill Lynch Basic Value Equity Portfolios;
.90% of the EQ/Putnam Balanced Portfolio's average daily net assets; 1.00%
of the Warburg Pincus Small Company Value Portfolio's average daily net
assets; 1.20% of the respective average daily net assets of the T. Rowe
Price International Stock and Merrill Lynch World Strategy Portfolios; and
1.75% of the Morgan Stanley Emerging Markets Equity Portfolio's average
daily net assets.
Each Portfolio may at a later date reimburse to the Manager the management
fees waived or limited and other expenses assumed and paid by the Manager
pursuant to the Expense Limitation Agreement provided such Portfolio has
reached a sufficient asset size to permit such reimbursement to be made
without causing the total annual expense ratio of each Portfolio to exceed
the percentage limits stated above. Consequently, no reimbursement by a
Portfolio will be made unless: (i) the Portfolio's assets exceed $100
million; (ii) the Portfolio's total annual expense ratio is less than the
respective percentages stated above; and (iii) the payment of such
reimbursement has been approved by EQAT's Board of Trustees on a quarterly
basis.
(8) Other expenses are after fee waivers or assumptions by EQ Financial
Consultants pursuant to an expense limitation agreement. See the attached
EQAT prospectus.
18
<PAGE>
EXAMPLES: EQUI-VEST SERIES 100 AND 200
- --------------------------------------
For each type of Series 100 and 200 Contract, the examples which follow show the
expenses that a hypothetical Contract Owner would pay in the surrender and
nonsurrender situations noted below, assuming a single contribution of $1,000 on
the Contract Date invested in one of the Investment Funds listed and a 5% annual
return on assets and no waiver of the contingent withdrawal charge.(1) For
purposes of these examples, the annual administrative charge is computed by
reference to the actual aggregate annual administrative charges as a percentage
of the total assets held under all EQUI-VEST Contracts.
These examples should not be considered a representation of past or future
expenses for each Investment Fund or Portfolio. Actual expenses may be greater
or less than those shown. Similarly, the annual rate of return assumed in the
examples is not an estimate or guarantee of future investment performance.
IF YOU SURRENDER YOUR CONTRACT AT THE END OF EACH PERIOD SHOWN, THE EXPENSE
WOULD BE:
FOR IRA (INCLUDING CERTAIN QP IRA(2)), SEP, EDC AND PARTICIPANT-OWNED HR-10
CONTRACTS:
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
-----------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
Alliance Money Market $81.06 $125.14 $164.99 $257.58
Alliance Intermediate Government Securities 82.83 130.50 174.03 276.55
Alliance Quality Bond 82.73 130.20 173.53 275.50
Alliance High Yield 83.52 132.57 177.53 283.83
Alliance Growth & Income 82.93 130.79 174.54 277.59
Alliance Equity Index 80.76 124.24 163.47 254.39
Alliance Common Stock 81.06 125.14 164.99 257.58
Alliance Global 84.21 134.65 181.02 291.06
Alliance International 87.66 144.98 198.31 326.45
Alliance Aggressive Stock 81.06 125.14 164.99 257.58
Alliance Small Cap Growth 86.88 142.63 -- --
Alliance Asset Allocation Series:
Alliance Conservative Investors 82.44 129.31 172.03 272.36
Alliance Balanced 81.06 125.14 164.99 257.58
Alliance Growth Investors 82.83 130.50 174.03 276.55
T. Rowe Price International Stock Portfolio 88.85 148.51 -- --
T. Rowe Price Equity Income Portfolio 85.40 138.20 -- --
EQ/Putnam Growth & Income Value Portfolio 85.40 138.20 -- --
EQ/Putnam Balanced Portfolio 85.89 139.68 -- --
MFS Research Portfolio 85.40 138.20 -- --
MFS Emerging Growth Companies Portfolio 85.40 138.20 -- --
Morgan Stanley Emerging Markets Equity Portfolio 94.27 164.55 -- --
Warburg Pincus Small Company Value Portfolio 86.88 142.63 -- --
Merrill Lynch World Strategy Portfolio 88.85 148.51 -- --
Merrill Lynch Basic Value Equity Portfolio 85.40 138.20 -- --
</TABLE>
FOR TSA AND QP IRA CONTRACTS:(3)
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
-----------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
Alliance Money Market $74.87 $118.56 $164.99 $257.58
Alliance Intermediate Government Securities 76.66 123.96 174.03 276.55
Alliance Quality Bond 76.56 123.66 173.53 275.50
Alliance High Yield 77.35 126.05 177.53 283.83
Alliance Growth & Income 76.76 124.28 174.54 277.59
Alliance Equity Index 74.57 117.66 163.47 254.39
Alliance Common Stock 74.87 118.56 164.99 257.58
Alliance Global 78.05 128.14 181.02 291.06
Alliance International 81.52 138.54 198.31 326.45
Alliance Aggressive Stock 74.87 118.56 164.99 257.58
Alliance Small Cap Growth 80.73 136.17 -- --
Alliance Asset Allocation Series:
Alliance Conservative Investors 76.26 122.76 172.03 272.36
Alliance Balanced 74.87 118.56 164.99 257.58
Alliance Growth Investors 76.66 126.96 174.03 276.55
T. Rowe Price International Stock Portfolio 82.71 142.09 -- --
T. Rowe Price Equity Income Portfolio 79.24 131.72 -- --
EQ/Putnam Growth & Income Value Portfolio 79.24 131.72 -- --
EQ/Putnam Balanced Portfolio 79.74 133.20 -- --
MFS Research Portfolio 79.24 131.72 -- --
MFS Emerging Growth Companies Portfolio 79.24 131.72 -- --
Morgan Stanley Emerging Markets Equity Portfolio 88.17 158.24 -- --
Warburg Pincus Small Company Value Portfolio 80.73 136.17 -- --
Merrill Lynch World Strategy Portfolio 82.71 142.09 -- --
Merrill Lynch Basic Value Equity Portfolio 79.24 131.72 -- --
</TABLE>
19
<PAGE>
FOR TRUSTEED AND NQ CONTRACTS:
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
-----------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
Alliance Money Market $74.87 $118.56 $162.15 $221.02
Alliance Intermediate Government Securities 76.66 123.96 171.77 240.65
Alliance Quality Bond 76.56 123.66 171.23 239.56
Alliance High Yield 77.35 126.05 175.49 248.18
Alliance Growth & Income 76.76 124.26 172.30 241.73
Alliance Equity Index 74.57 117.66 160.54 217.71
Alliance Common Stock 74.87 118.56 162.15 221.02
Alliance Global 78.05 128.14 179.20 255.67
Alliance International 81.52 138.54 197.58 292.30
Alliance Aggressive Stock 74.87 118.56 162.15 221.02
Alliance Small Cap Growth 80.73 136.17 -- --
Alliance Asset Allocation Series:
Alliance Conservative Investors 76.26 122.76 169.64 236.32
Alliance Balanced 74.87 118.56 162.15 221.02
Alliance Growth Investors 76.66 123.96 171.77 240.65
T. Rowe Price International Stock Portfolio 82.71 142.09 -- --
T. Rowe Price Equity Income Portfolio 79.24 131.72 -- --
EQ/Putnam Growth & Income Value Portfolio 79.24 131.72 -- --
EQ/Putnam Balanced Portfolio 79.74 133.20 -- --
MFS Research Portfolio 79.24 131.72 -- --
MFS Emerging Growth Companies Portfolio 79.24 131.72 -- --
Morgan Stanley Emerging Markets Equity Portfolio 88.17 158.24 -- --
Warburg Pincus Small Company Value Portfolio 80.73 136.17 -- --
Merrill Lynch World Strategy Portfolio 82.71 142.09 -- --
Merrill Lynch Basic Value Equity Portfolio 79.24 131.72 -- --
</TABLE>
IF YOU DO NOT SURRENDER YOUR CONTRACT AT THE END OF EACH PERIOD SHOWN, THE
EXPENSE WOULD BE:
FOR ALL SERIES 100 AND 200 CONTRACTS:
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
---------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
Alliance Money Market $19.21 $59.42 $102.15 $221.02
Alliance Intermediate Government Securities 21.10 65.14 111.77 240.65
Alliance Quality Bond 20.99 64.82 111.23 239.56
Alliance High Yield 21.83 67.36 115.49 248.18
Alliance Growth & Income 21.20 65.46 112.30 241.73
Alliance Equity Index 18.89 58.47 100.54 217.71
Alliance Common Stock 19.21 59.42 102.15 221.02
Alliance Global 22.57 69.57 119.20 255.67
Alliance International 26.24 80.60 137.58 292.30
Alliance Aggressive Stock 19.21 59.42 102.15 221.02
Alliance Small Cap Growth 25.40 78.09 -- --
Alliance Asset Allocation Series:
Alliance Conservative Investors 20.68 83.87 109.64 236.32
Alliance Balanced 19.21 59.42 102.15 221.02
Alliance Growth Investors 21.10 65.14 111.77 240.65
T. Rowe Price International Stock Portfolio 27.50 84.36 -- --
T. Rowe Price Equity Income Portfolio 23.83 73.36 -- --
EQ/Putnam Growth & Income Value Portfolio 23.83 73.36 -- --
EQ/Putnam Balanced Portfolio 24.35 74.94 -- --
MFS Research Portfolio 23.83 73.36 -- --
MFS Emerging Growth Companies Portfolio 23.83 73.36 -- --
Morgan Stanley Emerging Markets Equity Portfolio 33.27 101.48 -- --
Warburg Pincus Small Company Value Portfolio 25.40 78.09 -- --
Merrill Lynch World Strategy Portfolio 27.50 84.36 -- --
Merrill Lynch Basic Value Equity Portfolio 23.83 73.36 -- --
</TABLE>
- ---------------------
(1) The amount accumulated could not be paid in the form of an annuity at the
end of any of the periods shown in the examples. If the amount applied to
purchase an annuity is less than $2,000, or the initial annuity payment is
less than $20 we may pay the amount to the payee in a single sum instead of
as payments under an annuity form. See "Distribution Options" in Part 6. In
some cases, charges for state premium or other taxes will be deducted from
the amount applied, if applicable.
(2) These expenses also apply to a Series 100 or 200 QP IRA purchased in a
state where group Contracts are issued.
(3) These expenses apply only to a Series 100 or 200 QP IRA purchased in a
state where individual Contracts are issued.
20
<PAGE>
<TABLE>
<CAPTION>
TABLE 3: EQUI-VEST SERIES 300 AND 400
Description of Expenses
- --------------------------------------
CONTRACT OWNER TRANSACTION EXPENSES
SALES LOAD ON PURCHASES.................................................... NONE
MAXIMUM CONTINGENT WITHDRAWAL CHARGE (1) .................................. 6%
MAXIMUM/CURRENT ANNUAL ADMINISTRATIVE CHARGE (2) .......................... $65/30
MAXIMUM/CURRENT THIRD PARTY TRANSFER OR EXCHANGE FEE (3) .................. $65/25 PER OCCURRENCE
SEPARATE ACCOUNT ANNUAL EXPENSES
Mortality and Expense Risk Fees (including Death Benefit Charges).......... 1.10%
Other Expenses (4)......................................................... .25%
-----
Total Separate Account Annual Expenses (5)............................ 1.35%
-----
<CAPTION>
ALLIANCE
ALLIANCE INTERMEDIATE ALLIANCE
MONEY GOVERNMENT QUALITY ALLIANCE
MARKET SECURITIES BOND HIGH YIELD
- ---------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
HRT ANNUAL EXPENSES:
Investment Advisory Fees 0.35% 0.50% 0.53% 0.60%
Other Expenses 0.04% 0.09% 0.05% 0.06%
- ---------------------------------------------------------------------------------------------------------------------------------
Total HRT Annual Expenses (6)(7) 0.39% 0.59% 0.58% 0.66%
</TABLE>
<TABLE>
<CAPTION>
ALLIANCE ALLIANCE ALLIANCE
GROWTH EQUITY COMMON
& INCOME INDEX STOCK
- ------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
HRT ANNUAL EXPENSES:
Investment Advisory Fees 0.55% 0.33% 0.38%
Other Expenses 0.05% 0.05% 0.03%
- ------------------------------------------------------------------------------------------------------------
Total HRT Annual Expenses (6)(7) 0.60% 0.38% 0.41%
</TABLE>
<TABLE>
<CAPTION>
ALLIANCE ALLIANCE
ALLIANCE ALLIANCE AGGRESSIVE SMALL CAP
GLOBAL INTERNATIONAL STOCK GROWTH
- -----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
HRT ANNUAL EXPENSES:
Investment Advisory Fees 0.65% 0.90% 0.55% 0.90%
Other Expenses 0.08% 0.18% 0.03% 0.10%
- -----------------------------------------------------------------------------------------------------------------------------------
Total HRT Annual Expenses (6)(7) 0.73% 1.08% 0.58% 1.00%
</TABLE>
<TABLE>
<CAPTION>
ALLIANCE ALLIANCE
CONSERVATIVE ALLIANCE GROWTH
INVESTORS BALANCED INVESTORS
- ---------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
HRT ANNUAL EXPENSES:
Investment Advisory Fees 0.48% 0.42% 0.53%
Other Expenses 0.07% 0.05% 0.06%
- ---------------------------------------------------------------------------------------------------------------
Total HRT Annual Expenses (6)(7) 0.55% 0.47% 0.59%
</TABLE>
<TABLE>
<CAPTION>
T. ROWE PRICE T. ROWE PRICE EQUITY EQ/PUTNAM GROWTH &
INTERNATIONAL STOCK INCOME INCOME VALUE
PORTFOLIO PORTFOLIO PORTFOLIO
- ---------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
EQAT ANNUAL EXPENSES
Maximum Investment
Advisory Fee .75% .55% .55%
Rule 12b-1 Fee .25% .25% .25%
Other Expenses (9) .20% .05% .05%
- ---------------------------------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (8) 1.20% .85% .85%
</TABLE>
<TABLE>
<CAPTION>
EQ/ PUTNAM BALANCED
PORTFOLIO MFS RESEARCH
PORTFOLIO
- ---------------------------------------------------------------------------------------------------------
<S> <C> <C>
EQAT ANNUAL EXPENSES
Maximum Investment
Advisory Fee .55% .55%
Rule 12b-1 Fee .25% .25%
Other Expenses (9) .10% .05%
- ---------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (8) .90% .85%
</TABLE>
<TABLE>
<CAPTION>
MORGAN STANLEY
MFS EMERGING GROWTH COM- EMERGING MARKETS WARBURG PINCUS SMALL COMPANY
PANIES PORTFOLIO EQUITY PORTFOLIO VALUE PORTFOLIO
- ---------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
EQAT ANNUAL EXPENSES
Maximum Investment
Advisory Fee .55% 1.15% .65%
Rule 12b-1 Fee .25% .25% .25%
Other Expenses (9) .05% .35% .10%
- ---------------------------------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (8) .85% 1.75% 1.00%
</TABLE>
<TABLE>
<CAPTION>
MERRILL LYNCH BASIC
MERRILL LYNCH VALUE EQUITY
WORLD STRATEGY PORTFOLIO
PORTFOLIO
- -------------------------------------------------------------------------------------------------------
<S> <C> <C>
EQAT ANNUAL EXPENSES
Maximum Investment
Advisory Fee .75% .55%
Rule 12b-1 Fee .25% .25%
Other Expenses (9) .25% .05%
- -------------------------------------------------------------------------------------------------------
Total EQAT Annual Expenses (8) 1.20% .85%
</TABLE>
21
<PAGE>
Notes:
(1) The contingent withdrawal charge is a percentage of specified
contributions. See "Contingent Withdrawal Charge" in Part 7. Important
exceptions and limitations may eliminate or reduce the contingent
withdrawal charge.
(2) The Annual Administrative Charge is the lesser of $30 or 2% of the Annuity
Account Value (adjusted to include any withdrawals made during that year)
during the first two Contract Years; and $30 for each Contract Year
thereafter. See "Annual Administrative Charge" in Part 7. We reserve the
right to increase this fee in the future if our administrative costs
increase, but such fee may not exceed an annual maximum of $65, subject to
applicable law.
(3) There is a Third Party Transfer or Exchange Fee of $25
per occurrence. We reserve the right to increase this fee in the future,
but such fee may not exceed a maximum of $65 per occurrence, subject to
applicable law.
(4) For a limited period of time, we will charge .24%
against the assets of the Alliance Intermediate Government Securities,
Alliance Quality Bond, Alliance High Yield, Alliance Growth & Income,
Alliance Equity Index, Alliance Global, Alliance International, Alliance
Small Cap Growth, Alliance Conservative Investors and Alliance Growth
Investors Funds for expenses.
(5) The amounts shown in the table under
"Total Separate Account Annual Expenses" are not permitted to exceed a
total annual rate of 1.35% of the value of the assets held in the
Investment Funds. Separate Account expenses are shown as a percentage of
each Investment Fund's average value. See "Limitation on Charges" in Part
7.
(6) Effective May 1, 1997, a new Investment Advisory Agreement was
entered into between HRT and Alliance Capital Management L.P., HRT's
Investment Adviser, which effected changes in HRT's management fee and
expense structure. See HRT's prospectus for more information.
The tables above reflecting HRT's expenses are based on average portfolio
net assets for the year ended December 31, 1996 and have been restated to
reflect (i) the fees that would have been paid to Alliance if the current
advisory agreement had been in effect as of January 1, 1996 and (ii)
estimated accounting expenses for the year ending December 31, 1997. The
amount shown for the Alliance Small Cap Growth Portfolio, which will be
available under the HRT on or about May 1, 1997 and for EQUI-VEST in early
June 1997, is an estimate.
(7) The investment advisory fee for each Portfolio may vary from year to year
depending upon the average daily net assets of the respective Portfolio of
the HRT. The maximum investment advisory fees, however, cannot be increased
without a vote of that Portfolio's shareholders. The other direct operating
expenses will also fluctuate from year to year depending on actual
expenses. The HRT's expenses are shown as a percentage of each Portfolio's
average portfolio net assets. See "Charges to Portfolios" in Part 7.
(8) The EQAT funds were not available in 1996; therefore, these numbers reflect
anticipated annualized expenses for 1997. The portfolios became available
under the Trust on May 1, 1997 (except for the Morgan Stanley Emerging
Markets Equity Fund which will become available on or about September 2,
1997) and will be available in EQUI-VEST in early June 1997 (except for the
Morgan Stanley Emerging Markets Equity Fund which will become available on
or about September 2, 1997). The Manager (see Part 2) has entered into an
expense limitation agreement with EQAT, with respect to each Portfolio,
("Expense Limitation Agreements") pursuant to which the Manager has agreed
to waive or limit its fees and to assume other expenses so that the total
annual operating expenses of each Portfolio are limited to: .85% of the
respective average daily net assets of the T. Rowe Price Equity Income,
EQ/Putnam Growth & Income Value, EQ/Putnam Investors Growth, MFS Research,
MFS Emerging Growth Companies and Merrill Lynch Basic Value Equity
Portfolios; .90% of the EQ/Putnam Balanced Portfolio's average daily net
assets; 1.00% of the Warburg Pincus Small Company Value Portfolio's average
daily net assets; 1.20% of the respective average daily net assets of the
T. Rowe Price International Stock, EQ/Putnam International Equity and
Merrill Lynch World Strategy Portfolios; and 1.75% of the Morgan Stanley
Emerging Markets Equity Portfolio's average daily net assets.
Each Portfolio may at a later date reimburse to the Manager the management
fees waived or limited and other expenses assumed and paid by the Manager
pursuant to the Expense Limitation Agreement provided such Portfolio has
reached a sufficient asset size to permit such reimbursement to be made
without causing the total annual expense ratio of each Portfolio to exceed
the percentage limits stated above. Consequently, no reimbursement by a
Portfolio will be made unless: (i) the Portfolio's assets exceed $100
million; (ii) the Portfolio's total annual expense ratio is less than the
respective percentages stated above; and (iii) the payment of such
reimbursement has been approved by EQAT's Board of Trustees on a quarterly
basis.
(9) Other expenses are after fee waivers or assumptions by EQ Financial
Consultants pursuant to an expense limitation agreement. See the attached
EQAT prospectus.
22
<PAGE>
EXAMPLES: EQUI-VEST SERIES 300 AND 400
- --------------------------------------
For each type of Series 300 and 400 Contract, the examples which follow
show the expenses that a hypothetical Contract Owner would pay in the
surrender and nonsurrender situations noted below, assuming a single
contribution of $1,000 on the Contract Date invested in one of the
Investment Funds listed, a 5% annual return on assets and no waiver of the
contingent withdrawal charge.(1) For purposes of these examples, the annual
administrative charge is computed by reference to the actual aggregate
annual administrative charges as a percentage of the total assets held
under all EQUI-VEST Contracts.
These examples should not be considered a representation of past or future
expenses for each Investment Fund or Portfolio. Actual expenses may be
greater or less than those shown. Similarly, the annual rate of return
assumed in the examples is not an estimate or guarantee of future
investment performance.
IF YOU SURRENDER YOUR CONTRACT AT THE END OF EACH PERIOD SHOWN, THE EXPENSE
WOULD BE:
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
-------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
Alliance Money Market $74.77 $118.26 $161.61 $219.92
Alliance Intermediate Government Securities 76.66 123.96 171.77 240.65
Alliance Quality Bond 76.56 123.66 171.23 239.56
Alliance High Yield 77.35 126.05 175.49 248.18
Alliance Growth & Income 76.76 124.26 172.30 241.73
Alliance Equity Index 74.57 117.66 160.54 217.71
Alliance Common Stock 74.97 118.86 162.68 222.12
Alliance Global 78.05 128.14 179.20 255.67
Alliance International 81.52 138.54 197.58 292.30
Alliance Aggressive Stock 76.66 123.96 171.77 240.65
Alliance Small Cap Growth 80.73 136.17 -- --
Alliance Asset Allocation Series:
Alliance Conservative Investors 76.26 122.76 169.64 236.32
Alliance Balanced 75.57 120.67 165.90 228.69
Alliance Growth Investors 76.66 123.96 171.77 240.65
T. Rowe Price International Stock Portfolio 82.71 142.09 -- --
T. Rowe Price Equity Income Portfolio 79.24 131.72 -- --
EQ/Putnam Growth & Income Value Portfolio 79.24 131.72 -- --
EQ/Putnam Balanced Portfolio 79.74 133.20 -- --
MFS Research Portfolio 79.24 131.72 -- --
MFS Emerging Growth Companies Portfolio 79.24 131.72 -- --
Morgan Stanley Emerging Markets Equity Portfolio 88.17 158.24 -- --
Warburg Pincus Small Company Value Portfolio 80.73 136.17 -- --
Merrill Lynch World Strategy Portfolio 82.71 142.09 -- --
Merrill Lynch Basic Value Equity Portfolio 79.24 131.72 -- --
</TABLE>
IF YOU DO NOT SURRENDER YOUR CONTRACT AT THE END OF EACH PERIOD SHOWN, THE
EXPENSE WOULD BE:
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
----------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
Alliance Money Market $19.10 $59.10 $101.61 $219.92
Alliance Intermediate Government Securities 21.10 65.14 111.77 240.65
Alliance Quality Bond 20.99 64.82 111.23 239.56
Alliance High Yield 21.83 67.36 115.49 248.18
Alliance Growth & Income 21.20 65.46 112.30 241.73
Alliance Equity Index 18.89 58.47 100.54 217.71
Alliance Common Stock 19.31 59.74 102.68 222.12
Alliance Global 22.57 69.57 119.20 255.67
Alliance International 26.24 80.60 137.58 292.30
Alliance Aggressive Stock 21.10 65.14 111.77 240.65
Alliance Small Cap Growth 25.40 78.09 -- --
Alliance Asset Allocation Series:
Alliance Conservative Investors 20.68 63.87 109.64 236.32
Alliance Balanced 19.94 61.65 105.90 228.69
Alliance Growth Investors 21.10 65.14 111.77 240.65
T. Rowe Price International Stock Portfolio 27.50 84.36 -- --
T. Rowe Price Equity Income Portfolio 23.83 73.36 -- --
EQ/Putnam Growth & Income Value Portfolio 23.83 73.36 -- --
EQ/Putnam Balanced Portfolio 24.35 74.94 -- --
MFS Research Portfolio 23.83 73.36 -- --
MFS Emerging Growth Companies Portfolio 23.83 73.36 -- --
Morgan Stanley Emerging Markets Equity Portfolio 33.27 101.48 -- --
Warburg Pincus Small Company Value Portfolio 25.40 78.09 -- --
Merrill Lynch World Strategy Portfolio 27.50 84.36 -- --
Merrill Lynch Basic Value Equity Portfolio 23.83 73.86 -- --
</TABLE>
23
<PAGE>
- ---------------------
(1) The amount accumulated could not be paid in the form of an annuity at the
end of any of the periods shown in the examples. If the amount applied to
purchase an annuity is less than $2,000, or the initial annuity payment is
less than $20, we may pay the amount to the payee in a single sum instead
of as payments under an annuity form. See "Distribution Options" in Part 6.
In some cases, charges for state premium or other taxes will be deducted
from the amount applied, if applicable.
24
<PAGE>
- --------------------------------------------------------------------------------
PART 2: SEPARATE ACCOUNT A AND
ITS INVESTMENT FUNDS
- --------------------------------------------------------------------------------
SEPARATE ACCOUNT A
Separate Account A is organized as a unit investment trust, a type of investment
company, and is registered with the SEC under the Investment Company Act of 1940
(1940 ACT). This registration does not involve any supervision by the SEC of the
management or investment policies of the Separate Account. The Separate Account
has many Investment Funds, each of which invests in Class IA or Class IB shares
of a corresponding Portfolio of either HRT or EQAT, respectively. You may
allocate some or all contributions among the Investment Funds.
The assets of the Separate Account are our property. As a separate account under
the New York Insurance Law, the portion of the Separate Account's assets equal
to the reserves and other liabilities relating to the contracts will not be
chargeable with liabilities arising out of any other business we may conduct.
Accordingly, income, gains or losses, whether or not realized, from assets of
the Separate Account are credited to or charged against the Separate Account
without regard to our other income, gains or losses. We are the issuer of the
contracts, and the obligations set forth in the contracts (other than those of
Annuitants or Contract Owners) are our obligations.
In addition to contributions made under your contracts, we may allocate to the
Separate Account monies received under other annuity contracts, certificates or
agreements. Owners of all such contracts, certificates or agreements will
participate in the Separate Account in proportion to the amounts they have in
the Investment Funds that relate to their contracts, certificates or agreements.
We may retain in the Separate Account assets that are in excess of the reserves
and other liabilities relating to the Contracts or to other contracts,
certificates or agreements, or we may transfer them to our general account.
We reserve the right, subject to compliance with applicable law, including
approval of Contract Owners, Participants and Plan Trustees if required, (1) to
add new Investment Funds (or subdivisions of Investment Funds) to, or remove
Investment Funds (or subdivisions of Investment Funds) from, the Separate
Account, (2) to combine any two or more Investment Funds or subdivisions
thereof, (3) to transfer assets determined by us to be the proportionate share
of the class to which the contracts belong from any of the Investment Funds to
another Investment Fund by withdrawing the same percentage of each investment
in that Investment Fund with appropriate adjustments to avoid odd lots and
fractions, (4) to operate the Separate Account or any Investment Fund as a
management investment company under the 1940 Act (which may be directed by a
committee which may be composed of a majority of persons who are "interested
persons" of Equitable Life under the 1940 Act, which committee may be discharged
by us at any time) or in any other form permitted by law, including a form that
allows us to make direct investments, (5) to deregister the Separate Account
under the 1940 Act, (6) to cause one or more Investment Funds to invest in a
mutual fund other than or in addition to HRT and EQAT, (7) to discontinue the
sale of contracts, (8) to terminate any employer or plan trustee agreement
pursuant to its terms and (9) to restrict or eliminate any voting rights of
Contract Owners or other people who have voting rights that affect the Separate
Account.
If any changes are made that result in a material change in the underlying
investments of an Investment Fund, Contract Owners will be notified. We may make
other changes in the contracts that do not reduce any Cash Value, annuity
benefit, Annuity Account Value, or other accrued rights or benefits.
TRUSTS
HRT and EQAT include the separate sets of investment portfolios (listed below)
in which the Investment Funds of the Separate Account invest according to the
contribution allocations of Contract Owners. Following are the portfolios of the
Trusts:
25
<PAGE>
- ------------------------------------- -----------------------------------
HRT PORTFOLIOS EQAT PORTFOLIOS
- ------------------------------------- -----------------------------------
o Alliance Money Market o T. Rowe Price International Stock
o Alliance Intermediate Government o T. Rowe Price Equity Income
Securities o EQ/Putnam Growth & Income Value
o Alliance Quality Bond o EQ/Putnam Balanced
o Alliance High Yield o MFS Research
o Alliance Growth & Income o MFS Emerging Growth Companies
o Alliance Equity Index o Morgan Stanley Emerging Markets
o Alliance Common Stock Equity
o Alliance Global o Warburg Pincus Small Company Value
o Alliance International o Merrill Lynch World Strategy
o Alliance Aggressive Stock o Merrill Lynch Basic Value Equity
o Alliance Small Cap Growth
Alliance Asset Allocation Series:
o Alliance Conservative
Investors
o Alliance Balanced
o Alliance Growth Investors
- -----------------------------------------
THE HUDSON RIVER TRUST
HRT is an open-end, diversified management investment company, more commonly
called a mutual fund. As a "series" type of mutual fund, it issues several
different series of stock, each of which relates to a different Portfolio of
HRT. HRT commenced operations in January 1976 with a predecessor of its Common
Stock Portfolio. HRT does not impose a sales charge or "load" for buying and
selling its shares as a part of an EQUI-VEST Contract or to support a variable
annuity distribution option available under an SPDA Contract. All dividend
distributions to HRT are reinvested in full and fractional shares of the
Portfolio to which they relate. Each HRT-related Fund invests in Class IA shares
of a corresponding HRT portfolio.
More detailed information about HRT, its investment objectives, policies,
restrictions, risks, expenses, multiple class distribution system and all other
aspects of its operations, appears in the HRT prospectus or in its Statement of
Additional Information, which is available upon request.
ALLIANCE CAPITAL MANAGEMENT L.P.,
HRT'S MANAGER AND INVESTMENT ADVISER
HRT is managed and advised by Alliance Capital Management L.P. (ALLIANCE), which
is registered with the SEC as an investment adviser under the Investment
Advisers Act of 1940. Alliance, an indirect, majority-owned subsidiary of
Equitable Life, is a publicly traded limited partnership. On December 31, 1996,
Alliance was managing over $182.8 billion in assets. Alliance acts as investment
adviser to various separate accounts and general accounts of Equitable and other
affiliated insurance companies. Alliance also provides management and consulting
services to mutual funds, endowments funds, insurance companies, foreign
entities, qualified and non-tax qualified corporate funds, public and private
pension and profit-sharing plans, foundations and tax-exempt organizations.
Alliance's record as an investment manager is based, in part, on its ability to
provide a diversity of investment services to domestic, international and global
markets. Alliance prides itself on its ability to attract and retain a quality,
professional work force. Alliance employs 194 investment professionals,
including 83 research analysts. Portfolio managers have average investment
experience of more than 15 years.
Alliance's main office is located at 1345 Avenue of the Americas, New York, New
York 10105.
EQ ADVISORS TRUST
EQAT is an open-end management investment company registered under the 1940 Act.
As a "series" type of mutual fund, EQAT issues shares of beneficial interest
that are divided among several EQAT Portfolios. Each EQAT Portfolio is a
separate series of EQAT with its own objective and policies. All of the
Portfolios, except for the Morgan Stanley Emerging Markets Equity Portfolio and
Merrill Lynch World Strategy Portfolio, are diversified for 1940 Act purposes.
The Trustees of EQAT may establish additional Portfolios at any time. Class IB
shares are subject to distribution fees imposed pursuant to a distribution plan
adopted pursuant to Rule 12b-1 under the 1940 Act. See the attached EQAT
prospectus for more details regarding such fees.
EQAT does not impose a sales charge or "load" for buying and selling its shares.
All dividend distributions to EQAT are reinvested in full and fractional shares
of the Portfolio to which they relate. Each EQAT-related Fund invests in Class
IB shares of a corresponding EQAT portfolio. EQAT is managed by EQ Financial
Consultants, Inc. ("Manager") which directs the day-to-day operations of each
EQAT Portfolio. Rowe Price-Fleming International, Inc., T. Rowe Price
Associates, Inc., Putnam
26
<PAGE>
Investment Management, Inc., Massachusetts Financial Services Company, Morgan
Stanley Asset Management, Inc., Warburg, Pincus Counsellors, Inc. and Merrill
Lynch Asset Management, L.P. serve as the investment advisers (each an "EQAT
Advisor" and together the "EQAT Advisors") to one or more of the EQAT
Portfolios.
More detailed information about the EQAT, its investment objectives, policies,
restrictions, risks, expenses, multiple class distribution system and all other
aspects of its operations, appears in EQAT's prospectus which is attached to
this prospectus), or in EQAT's Statement of Additional Information, which is
available upon request. EQAT was recently organized and has had no operations
prior to the date of this prospectus.
EQAT'S MANAGER
The Manager, subject to the supervision and direction of the Trustees of EQAT,
has overall responsibility for the general management and administration of the
Trust. The Manager is an investment adviser registered under the Investment
Advisers Act of 1940, as amended, and a broker-dealer registered under the
Securities Exchange Act of 1934, as amended ("1934 Act"). The Manager currently
furnishes specialized investment advice to other clients, including individuals,
pension and profit sharing plans, trusts, charitable organizations,
corporations, and other business entities. The Manager is a Delaware corporation
and an indirect, wholly owned subsidiary of Equitable Life.
The Manager is responsible for providing investment management and
administrative services to EQAT and in the exercise of such responsibility
selects, subject to review and approval by EQAT's Trustees, the investment
advisers for EQAT's Portfolios and monitors the EQAT Advisers' investment
programs and results, reviews brokerage matters, oversees compliance by EQAT
with various federal and state statutes, and carries out the directives of its
Board of Trustees.
Pursuant to an investment advisory agreement with the Manager, each EQAT Adviser
furnishes continuously an investment program for each of its Portfolios, makes
investment decisions on behalf of its EQAT Portfolios, places all orders for the
purchase and sale of investments for the Portfolio's account with brokers or
dealers selected by such Adviser and may perform certain limited related
administrative functions.
The assets of each Portfolio are allocated currently among the EQAT Advisers. If
an EQAT Portfolio shall at any time have more than one EQAT Adviser, the
allocation of an EQAT Portfolio's assets among EQAT Advisers may be changed at
any time by the Manager. EQ Financial Consultants, Inc.'s main office is located
at 1755 Broadway, New York, New York 10019.
EQAT'S INVESTMENT ADVISERS
Rowe Price-Fleming International, Inc.; T. Rowe Price Associates, Inc.; Putnam
Investment Management, Inc.; Massachusetts Financial Services Company; Morgan
Stanley Asset Management, Inc.; Warburg, Pincus Counsellors, Inc.; and Merrill
Lynch Asset Management, L.P. serve as EQAT Advisers only for their respective
EQAT Portfolios.
MERRILL LYNCH ASSET MANAGEMENT L.P.
Founded in 1976, MLAM is a dedicated asset management affiliate of Merrill Lynch
& Co., Inc., a financial management and advisory company with more than a
century of experience. As of December 31, 1996, MLAM along with its advisory
affiliates held approximately $234 billion in investment company and other
portfolio assets under management. MLAM Manages Merrill Lynch Basic Value
Equity, a domestic equity fund, and Merrill Lynch World Strategy, a global
flexible allocation fund.
MFS INVESTMENT MANAGEMENT
MFS Investment Management is America's oldest mutual fund organization, whose
assets under management as of December 31, 1996 were in excess of $52 billion on
behalf of more than 1.8 million investors. MFS manages MFS Research, a domestic
equity fund, and MFS Emerging Growth Companies, an aggressive equity fund.
MORGAN STANLEY ASSET MANAGEMENT INC.
Morgan Stanley Asset Management and its affiliated investment management
companies, managed approximately $170 billion of assets as of December 31, 1996.
Morgan Stanley Asset Management manages Morgan Stanley Emerging Markets Equity,
an international equity fund.
PUTNAM INVESTMENTS
This mutual fund manager was founded in 1937 and had more than $173 billion in
assets under management as of December 31, 1996. Putnam manages EQ/Putnam Growth
& Income Value, a domestic equity fund, and EQ/Putnam Balanced, a balanced stock
and bond fund.
27
<PAGE>
T. ROWE PRICE ASSOCIATES, INC. AND ROWE PRICE-FLEMING INTERNATIONAL, INC.
Founded in 1937, T. Rowe Price provides investment management to both
individuals and institutions. With its affiliates, assets under management were
over $95 billion as of December 31, 1996. T. Rowe Price manages T. Rowe Price
Equity Income, a domestic equity fund. Rowe Price-Fleming International, Inc.,
founded as a joint venture between T. Rowe Price and Robert Fleming Holdings,
Ltd., manages T. Rowe Price International Stock, an international equity fund.
WARBURG PINCUS
Warburg Pincus is a professional investment counseling firm serving investment
companies, employee benefit plans, endowment funds and individuals. Assets under
management were approximately $18 billion as of December 31, 1996. Warburg
Pincus manages Warburg Pincus Small Company Value, an aggressive equity fund.
Additional information regarding each of the companies which serve as an EQAT
Adviser appears in the EQAT prospectus, attached at the end of this prospectus.
INVESTMENT POLICIES AND OBJECTIVES OF THE TRUSTS' PORTFOLIOS
Each Portfolio has a different investment objective which it tries to achieve by
following separate investment policies. The policies and objectives of each
Portfolio will affect its return and its risks. There is no guarantee that these
objectives will be achieved.
The policies and objectives of the Trusts' Portfolios are as follows:
<TABLE>
<CAPTION>
PORTFOLIO TRUST INVESTMENT POLICY OBJECTIVE
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C>
Alliance Money
Market.............................HRT Primarily high-quality short-term money High level of current income while
market instruments. preserving assets and maintaining
liquidity.
Alliance Intermediate
Government Primarily debt securities issued or High current income consistent
Securities..........................HRT guaranteed by the U.S. Government, its with relative stability of
agencies and instrumentalities. Each principal.
investment will have a final maturity of
not more than 10 years or a
duration not exceeding that
of a 10-year Treasury note.
Alliance Quality
Bond ...............................HRT Primarily investment grade fixed-income High current income consistent
securities. with preservation of capital.
Alliance High
Yield...............................HRT Primarily a diversified mix of high-yield, High return by maximizing current
fixed-income securities involving greater income and, to the extent
volatility of price and risk of principal consistent with that objective,
and income than high-quality fixed- capital appreciation.
income securities. The medium- and
lower-quality debt securities in which
the Portfolio may invest are known as
"junk bonds."
Alliance Growth &
Income .............................HRT Primarily income producing common High total return through a
stocks and securities convertible into combination of current income
common stocks. and capital appreciation.
Alliance Equity
Index...............................HRT Selected securities in the S&P 500 Index Total return performance (before
(the "Index") which the adviser believes trust expenses and Separate
will, in the aggregate, approximate the Account annual expenses) that
performance results of the Index. approximates the investment
performance of the Index
(including reinvestment of
dividends) at risk level
consistent with that of the
Index.
</TABLE>
28
<PAGE>
<TABLE>
<CAPTION>
PORTFOLIO TRUST INVESTMENT POLICY OBJECTIVE
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C>
Alliance Common
Stock...............................HRT Primarily common stock and other equity- Long-term growth of capital and
type instruments. increasing income.
Alliance Global .......................HRT Primarily equity securities of non-United Long-term growth of capital.
States as well as United
States companies.
Alliance International.................HRT Primarily equity securities selected Long-term growth of capital.
principally to permit participation in
non-United States companies with
prospects of growth.
Alliance Aggressive
Stock...............................HRT Primarily common stocks and other Long-term growth of capital.
equity-type securities issued by medium-
and other smaller-sized companies with
strong growth potential.
Alliance Small Cap
Growth .............................HRT Primarily common stocks and other Long-term growth of capital.
equity-type securities issued by
smaller-sized companies with
strong growth potential.
Alliance Asset Allocation Series:
Alliance Conservative
Investors.........................HRT Diversified mix of publicly traded, fixed- High total return without, in the
income and equity securities; asset mix adviser's opinion, undue risk to
and security selection are primarily principal.
based upon factors expected to reduce
risk. The Portfolio is generally expected
to hold approximately 70% of its assets
in fixed-income securities and 30% in
equity securities.
Alliance Balanced....................HRT Primarily common stocks, publicly traded High return through a combination
debt securities and high-quality money of current income and capital
market instruments. The Portfolio is appreciation.
generally expected to hold 50% of its
assets in equity securities and 50% in
fixed-income securities.
Alliance Growth
Investors.........................HRT Diversified mix of publicly traded, fixed- High total return consistent with
income and equity securities; asset mix the adviser's determination of
and security selection based upon factors reasonable risk.
expected to increase possibility of high
long-term return. The Portfolio is
generally expected to hold approximately
70% of its assets in equity securities and
30% in fixed-income securities.
T. Rowe Price
International Stock ..............EQAT Primarily common stocks of established Long-term growth of capital.
non-United States companies
T. Rowe Price Equity
Income............................EQAT Primarily dividend paying common stocks Substantial dividend income and
of established companies. also capital appreciation.
</TABLE>
29
<PAGE>
<TABLE>
<CAPTION>
PORTFOLIO TRUST INVESTMENT POLICY OBJECTIVE
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C>
EQ/Putnam Growth
& Income Value
Portfolio.........................EQAT Primarily common stocks that offer poten- Capital growth and secondarily,
tial for capital growth and may, consis- current income.
tent with the Portfolio's investment
objective, invest in common stocks that
offer potential for current income.
EQ/Putnam Balanced ..................EQAT A well-diversified portfolio of stocks and Balanced investment.
bonds that will produce both capital
growth and current income.
MFS Research ........................EQAT A substantial portion of assets invested in Long-term growth of capital.
common stock or securities convertible
into common stock of companies believed by the
Portfolio adviser to possess better than
average prospects for long-term growth.
MFS Emerging Growth
Companies.........................EQAT Primarily in common stocks of emerging Long-term growth of capital.
growth companies that the Portfolio
adviser believes are early in their life
cycle but which have the potential to become
major enterprises.
Morgan Stanley
Emerging Markets
Equity............................EQAT Primarily equity securities of emerging Long-term capital appreciation.
market country (i.e. foreign) issuers.
Warburg Pincus Small
Company Value ....................EQAT Primarily in a portfolio of equity securities Long-term capital appreciation.
of small capitalization companies (i.e.,
companies having market capitalizations
of $1 billion or less at the time of initial
purchase) that the Portfolio adviser considers
to be relatively undervalued.
Merrill Lynch World
Strategy..........................EQAT Primarily equity and fixed income securities, High total investment return.
including convertible securities, of
U.S. and foreign issuers.
Merrill Lynch Basic
Value Equity......................EQAT Securities, primarily equities, that the Capital appreciation and,
Portfolio adviser believes are undervalued secondarily income.
and therefore represent basic investment
value.
</TABLE>
30
<PAGE>
- --------------------------------------------------------------------------------
PART 3: INVESTMENT PERFORMANCE
- --------------------------------------------------------------------------------
INVESTMENT FUND PERFORMANCE
In order to help show how the actual performance of Investment Funds has
affected the Annuity Account Values, the following tables provide a historical
view of investment performance for each of the Funds included. The information
presented includes performance results along with data representing unmanaged
market indices and similarly managed funds.
HRT PORTFOLIOS
The performance for all periods has been adjusted to reflect the Separate
Account asset charges as well as applicable Trust expenses. No performance is
shown for the Alliance Small Cap Growth Fund. See "EQAT Portfolios and Alliance
Small Cap Growth Portfolio," below, for details.
Performance data for the Alliance Money Market, Alliance Balanced, Alliance
Common Stock and Alliance Aggressive Stock Funds shown in this section include
periods prior to December 18, 1987, when four predecessor open-end management
separate accounts were reorganized into the Separate Account in unit investment
trust form. (See Part 6 of the SAI.) The "since inception" figures are based on
the date of inception of the predecessor separate accounts. Also, the
performance data shown from December 18, 1987 through December 31, 1990 reflects
the investment results of The Equitable Trust, which was replaced by HRT on
September 6, 1991. The investment objectives and policies of the Portfolios are
substantially similar to those of the corresponding portfolios of The Equitable
Trust. At all times, Equitable Life and/or one of its subsidiaries has served as
the investment adviser to the four predecessor separate accounts, The Equitable
Trust and the HRT. Performance data for the remaining Investment Funds reflect
(i) the investment results of the corresponding Portfolios of the HRT from the
date of inception of those Portfolios, (ii) the actual investment advisory fee
and direct operating expenses of the relevant Portfolio and (iii) the Separate
Account asset charges.
EQAT PORTFOLIOS AND ALLIANCE SMALL CAP GROWTH PORTFOLIO
Additional investment performance information appears in the attached HRT and
EQAT prospectuses.
The Alliance Small Cap Growth Portfolio of HRT commenced operations on May 1,
1997. Therefore, no actual historical performance data are available. However,
historical performance of six other advisory accounts managed by Alliance is
described in the attached HRT prospectus. According to that prospectus, these
accounts have substantially the same investment objectives and policies and are
managed in accordance with essentially the same investment strategies and
techniques, as those of the Alliance Small Cap Growth Portfolio. It should be
noted that these accounts are not subject to certain of the requirements and
restrictions to which the Alliance Small Cap Growth Portfolio is subject and
that they are managed for tax exempt clients of Alliance. The investment
performance information included in the HRT prospectus for all Portfolios other
than the Alliance Small Cap Portfolio is based on actual historical performance.
The investment performance data for HRT's Alliance Small Cap Portfolio and for
each of the Portfolios of EQAT, contained in the HRT and the EQAT prospectuses,
are provided by those prospectuses to illustrate the past performance of each
respective Portfolio adviser in managing a substantially similar investment
vehicle as measured against specified market indices and do not represent the
past or future performance of any Portfolio. None of the performance data
contained in the HRT and EQAT prospectuses reflect fees and charges imposed
under your Contract, which fees and charges would reduce such performance
figures. Therefore, the performance data for each of the Portfolios described in
the EQAT prospectus and for the Alliance Small Cap Portfolio in the HRT
prospectus may be of limited use and are not intended to be a substitute for
actual performance of the corresponding Portfolios, nor are such results an
estimate or guarantee of future performance for these Portfolios.
HOW PERFORMANCE DATA ARE PRESENTED FOR HRT FUNDS
Because amounts allocated to the Investment Funds are invested in a mutual fund,
investment return and principal will fluctuate and Accumulation Units may be
worth more or less than the original cost when redeemed. The results shown are
not an estimate or guarantee of future investment performance, and do
31
<PAGE>
not reflect the actual experience of amounts invested under a particular
Contract.
The tables on the following pages compare annualized rates of return for each
Investment Fund along with appropriate benchmarks. These performance results are
based on the change in the accumulation unit value for each Investment Fund for
the periods shown.
Investment results in these tables are net of all charges and expenses assessed
against the Investment Funds (including investment advisory fees and the direct
operating expenses of HRT and the expenses of the Contracts) but excluding the
annual administrative charge and any withdrawal charges which would also reduce
the actual return. There are variations in the fees and charges among the
Contracts offered in EQUI-VEST. The rates of return shown for EQUI-VEST reflect
the highest charges that are currently being assessed. The tables under
"Standardized Computation of Performance" in the next Section show performance
results after giving effect to all charges including the annual administrative
charge and the contingent withdrawal charge.
BENCHMARKS
Market indices are not subject to any charges for investment advisory fees
typically associated with a managed portfolio. Comparisons with these
benchmarks, therefore, are of limited use. We include them because they are
widely known and may help you to understand the universe of securities from
which each Portfolio manager is likely to make selections.
INCEPTION DATES AND COMPARATIVE
BENCHMARKS
ALLIANCE MONEY MARKET: May 11, 1982; Salomon Brothers Three-Month T-Bill Index
(3-Month T-Bill).
ALLIANCE INTERMEDIATE GOVERNMENT SECURITIES: April 1, 1991; Lehman Intermediate
Government Bond Index (Lehman Intermediate Government).
ALLIANCE QUALITY BOND: October 1, 1993; Lehman Aggregate Bond Index (Lehman
Aggregate).
ALLIANCE HIGH YIELD: January 2, 1987; Merrill Lynch High Yield Master Index
(Master High Yield).
ALLIANCE GROWTH & INCOME: October 1, 1993; 75% Standard & Poor's 500 Index (S&P
500) and 25% Value Line Convertibles Index (75% S&P 500/25% Value Line Conv.).
ALLIANCE EQUITY INDEX: March 1, 1994; Standard & Poor's 500 Index (S&P 500).
ALLIANCE COMMON STOCK: August 1, 1968; Standard & Poor's 500 Index (S&P 500).
ALLIANCE GLOBAL: August 27, 1987; Morgan Stanley Capital International World
Index (MSCI World).
ALLIANCE INTERNATIONAL: April 3, 1995; Morgan Stanley Capital International
Europe, Australia, Far East Index (MSCI EAFE).
ALLIANCE AGGRESSIVE STOCK: May 1, 1984; 50% Russell 2000 Small Stock Index and
50% S&P MidCap Total Return (50% Russell 2000/50% S&P MidCap).
ALLIANCE SMALL CAP GROWTH: May 1, 1997; Russell 2000 Growth Index
(Russell 2000 Gr).
ALLIANCE CONSERVATIVE INVESTORS: October 2, 1989; 70% Lehman Treasury Bond
Composite Index and 30% S&P 500 Index (70% Lehman Treas./30% S&P 500).
ALLIANCE BALANCED: May 1, 1984; 50% S&P 500 and 50% Lehman Government/Corporate
Bond Index (50% S&P 500/50% Lehman Corp.).
ALLIANCE GROWTH INVESTORS: October 2, 1989; 30% Lehman Government/Corporate Bond
Index and 70% S&P 500 Index (30% Lehman Treas./70% S&P 500).
T. ROWE PRICE INTERNATIONAL STOCK: May 1, 1997; Morgan Stanley Capital
International World Index (MSCI World).
T. ROWE PRICE EQUITY INCOME: May 1, 1997; Standard & Poor's 500 Index (S&P 500).
EQ/PUTNAM GROWTH & INCOME VALUE: May 1, 1997; Standard & Poor's 500 Index (S&P
500).
EQ/PUTNAM BALANCED: May 1, 1997; Standard & Poor's 500 Index (S&P 500).
MFS RESEARCH: May 1, 1997; Standard & Poor's 500 Index (S&P 500).
MFS EMERGING GROWTH COMPANIES: May 1, 1997; Russell 2000.
MORGAN STANLEY EMERGING MARKETS EQUITY: on or about September 2, 1997; IFC Total
Global Return.
WARBURG PINCUS SMALL COMPANY VALUE: May 1, 1997; Russell 2000.
MERRILL LYNCH WORLD STRATEGY: May 1, 1997; 36% S&P 500/24% EAFE/21% Salomon
Brothers US Treasury Bond 1 Year+/14% Salomon Brothers World Government Bond Ex
US/5% 3-Month T-bill.
MERRILL LYNCH BASIC VALUE EQUITY: May 1, 1997; Standard & Poor's 500 Index (S&P
500).
32
<PAGE>
The Lipper Variable Insurance Products Performance Analysis Survey (Lipper)
records the performance of a large group of variable annuity and variable life
products, including managed separate accounts of insurance companies. According
to Lipper Analytical Services, Inc., the data are presented net of investment
management fees, direct operating and asset-based charges applicable under
variable insurance policies or variable annuity contracts. Lipper data provide a
more accurate picture than market indices of EQUI-VEST performance relative to
other annuity products.
All rates of return presented are time-weighted and include reinvestment of
investment income, including interest and dividends. Cumulative rates of return
reflect performance over a stated period of time. Annualized rates of return
represent the annual rate of growth that would have produced the same cumulative
return, if performance had been constant over the entire period.
33
<PAGE>
- --------------------------------------------------------------------------------
EQUI-VEST ANNUALIZED RATES OF RETURN FOR PERIODS ENDED DECEMBER 31, 1996:
- --------------------------------------------------------------------------------
<TABLE>
<CAPTION>
PORTFOLIO
SINCE INCEPTION
1 YEAR 3 YEARS 5 YEARS 10 YEARS 20 YEARS INCEPTION DATE
- ----------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C>
ALLIANCE MONEY MARKET 3.90% 3.61% 2.91% 4.50% -- 5.52% 5/11/82
Lipper Money Market 3.82 3.60 2.93 4.52 -- 5.76
3-Month T-Bill 5.25 5.07 4.37 5.67 -- 6.58
ALLIANCE INTERMEDIATE
GOVERNMENT SECURITIES 2.38 2.60 4.18 -- -- 5.51 4/1/91
Lipper U.S. Government 1.57 3.99 5.21 -- -- 6.76
Lehman Intermediate Government 4.06 5.37 6.23 -- -- 7.43
ALLIANCE QUALITY BOND 3.94 3.96 -- -- -- 3.38 10/1/93
Lipper Corporate Bond A-Rated 1.31 4.01 -- -- -- 3.49
Lehman Aggregate 3.63 6.03 -- -- -- 5.57
ALLIANCE HIGH YIELD 21.23 11.22 13.11 -- -- 9.91 1/2/87
Lipper High Yield 12.46 7.93 11.47 -- -- 9.13
Master High Yield 11.06 9.59 12.76 -- -- 11.24
ALLIANCE GROWTH & INCOME 18.47 12.47 -- -- -- 11.25 10/1/93
Lipper Growth & Income 19.96 15.39 -- -- -- 14.78
75% S&P 500/25% Value Line Conv. 21.28 17.93 -- -- -- 17.24
ALLIANCE EQUITY INDEX 20.73 -- -- -- -- 18.67 3/1/94
Lipper S&P 500 Index Funds 21.10 -- -- -- -- 18.87
S&P 500 22.96 -- -- -- -- 20.90
ALLIANCE COMMON STOCK 22.55 15.61 14.14 14.34 14.04% 11.05 8/1/68
Lipper Growth 18.78 14.80 12.39 13.08 13.60 N/A
S&P 500 22.96 19.66 15.20 15.28 14.55 11.57
ALLIANCE GLOBAL 13.06 11.23 11.97 -- -- 10.21 8/27/87
Lipper Global 17.89 8.49 10.29 -- -- 3.65
MSCI World 13.48 12.91 10.82 -- -- 7.44
ALLIANCE INTERNATIONAL 8.33 -- -- -- -- 10.33 4/3/95
Lipper International 13.36 -- -- -- -- 14.33
MSCI EAFE 6.05 -- -- -- -- 8.74
ALLIANCE AGGRESSIVE STOCK 20.54 14.10 10.32 16.20 -- 18.06 5/1/84
Lipper Small Company Growth 16.55 12.70 17.53 16.29 -- 18.19
50% Russell 2000/50% S&P MidCap 17.85 14.14 14.80 14.29 -- 15.18
The Alliance Asset Allocation Series:
ALLIANCE CONSERVATIVE INVESTORS 3.79 5.27 5.87 -- -- 7.56 10/2/89
Lipper Income 8.95 8.91 9.55 -- -- 9.55
70% Lehman Treas./30% S&P 500 8.78 10.14 9.64 -- -- 1.42
ALLIANCE BALANCED 10.16 5.69 4.63 8.78 -- 10.16 5/1/84
Lipper Flexible Portfolio 12.51 9.26 9.30 10.07 -- 11.33
50% S&P 500/50% Lehman Corp. 12.93 13.15 11.47 12.30 -- 14.05
ALLIANCE GROWTH INVESTORS 11.09 9.80 9.27 -- -- 14.02 10/2/89
Lipper Flexible Portfolio 12.51 9.26 9.30 -- -- 9.99
30% Lehman Corp./70% S&P 500 16.94 15.84 13.02 -- -- 12.73
</TABLE>
34
<PAGE>
- --------------------------------------------------------------------------------
EQUI-VEST CUMULATIVE RATES OF RETURN FOR PERIODS ENDED DECEMBER 31, 1996:
- --------------------------------------------------------------------------------
<TABLE>
<CAPTION>
PORTOLIO
SINCE INCEPTION
1 YEAR 3 YEARS 5 YEARS 10 YEARS 20 YEARS INCEPTION DATE
- ----------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C>
ALLIANCE MONEY MARKET 3.90% 11.23% 15.43% 55.23% -- 119.61% 5/11/82
Lipper Money Market 3.82 11.18 15.58 55.73 -- 127.67
3-Month T-Bill 5.25 15.99 23.86 73.61 -- 184.26
ALLIANCE INTERMEDIATE
GOVERNMENT SECURITIES 2.38 8.00 22.73 -- -- 36.15 4/1/91
Lipper U.S. Government 1.57 12.45 28.92 -- -- 42.71
Lehman Intermediate Government 4.06 16.98 35.30 -- -- 51.07
ALLIANCE QUALITY BOND 3.94 12.37 -- -- -- 11.42 10/1/93
Lipper Corporate Bond A-Rated 1.31 12.53 -- -- -- 11.83
Lehman Aggregate 3.63 19.19 -- -- -- 19.27
ALLIANCE HIGH YIELD 21.23 37.57 85.17 -- -- 157.19 1/2/87
Lipper High Yield 12.46 25.77 72.39 -- -- 142.30
Master High Yield 11.06 31.63 82.29 -- -- 190.43
ALLIANCE GROWTH & INCOME 18.47 42.26 -- -- -- 41.42 10/1/93
Lipper Growth & Income 19.96 53.82 -- -- -- 56.73
75% S&P 500/25% Value Line Conv. 21.28 63.99 -- -- -- 67.75
ALLIANCE EQUITY INDEX 20.73 -- -- -- -- 62.50 3/1/94
Lipper S&P 500 Index Funds 21.10 -- -- -- -- 63.19
S&P 500 22.96 -- -- -- -- 71.28
ALLIANCE COMMON STOCK 22.55 54.53 93.70 282.02 1,283.96% 1,867.29 8/1/68
Lipper Growth 18.78 51.65 80.51 243.70 1,185.21 N/A
S&P 500 22.96 71.34 102.85 314.34 1,416.26 2,148.57
ALLIANCE GLOBAL 13.06 37.60 76.03 -- -- 148.04 8/27/87
Lipper Global 17.89 28.45 63.87 -- -- 39.73
MSCI World 13.48 43.95 67.12 -- -- 95.62
ALLIANCE INTERNATIONAL 8.33 -- -- -- -- 18.73 4/3/95
Lipper International 13.36 -- -- -- -- 26.53
MSCI EAFE 6.05 -- -- -- -- 15.78
ALLIANCE AGGRESSIVE STOCK 20.54 48.55 63.44 348.77 -- 719.03 5/1/84
Lipper Small Company Growth 16.55 43.42 142.70 362.31 730.33
50% Russell 2000/50% S&P MidCap 17.85 48.69 99.38 280.32 499.78
The Alliance Asset Allocation Series:
ALLIANCE CONSERVATIVE INVESTORS 3.79 16.66 33.03 -- -- 69.64 10/2/89
Lipper Income 8.95 29.47 58.37 -- -- 94.21
70% Lehman Treas./30% S&P 500 8.78 33.60 58.40 -- -- 105.23
ALLIANCE BALANCED 10.61 18.06 25.39 131.92 -- 240.64 5/1/84
Lipper Flexible Portfolio 12.51 30.84 56.65 162.33 -- 291.87
50% S&P 500/50% Lehman Corp. 12.93 44.87 72.14 218.95 -- 429.51
ALLIANCE GROWTH INVESTORS 11.09 32.36 55.80 -- -- 158.86 10/2/89
Lipper Flexible Portfolio 12.51 30.84 56.65 -- -- 100.79
30% Lehman Corp./70% S&P 500 16.94 55.46 84.42 -- -- 138.49
<CAPTION>
YEAR-BY-YEAR RATES OF RETURN
ALLIANCE
ALLIANCE INTERMEDIATE ALLIANCE ALLIANCE ALLIANCE ALLIANCE ALLIANCE ALLIANCE ALLIANCE ALLIANCE ALLIANCE
MONEY GOVERNMENT QUALITY HIGH GROWTH & EQUITY COMMON ALLIANCE INTER- AGGRESSIVE CONSERVATIVE ALLIANCE GROWTH
MARKET SECURITIES BOND YIELD INCOME INDEX STOCK GLOBAL NATIONAL STOCK INVESTORS BALANCED INVESTORS
- -----------------------------------------------------------------------------------------------------------------------------------
<C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1987 5.23% --% --% 3.27*% --% --% 6.08% (13.67)*% --% (1.13)% --% (5.05)% --%
1988 5.94 -- -- 8.25 -- -- 21.55 9.38 -- (0.39) -- 13.27 --
1989 7.72 -- -- 3.71 -- -- 24.07 25.02 -- 42.87 2.75* 24.60 3.65*
1990 6.82 -- -- (2.43) -- -- (9.27) (7.33) -- 5.73 4.97 (1.46) 9.12
1991 4.69 10.94* -- 22.78 -- -- 35.81 28.79 -- 84.57 18.23 40.02 46.90
1992 2.16 4.17 -- 10.80 -- -- 1.82 (1.86) -- (4.47) 4.36 (4.15) 3.52
1993 1.58 9.09 (0.84)* 21.48 (0.59)* -- 23.11 30.34 -- 15.17 9.27 10.80 13.71
1994 2.62 (5.65) (6.37) (4.09) (1.90) (0.04)* (3.48) 3.82 -- (5.11) (5.38) (9.27) (4.44)
1995 4.32 11.81 15.46 18.32 22.42 34.66 30.64 17.23 9.60* 29.87 18.79 18.13 24.68
1996 3.90 2.38 3.94 21.23 18.47 20.73 22.55 13.06 8.33 20.54 3.79 10.16 11.09
- -------------
<FN>
* Unannualized
</FN>
</TABLE>
35
<PAGE>
STANDARDIZED COMPUTATION OF
PERFORMANCE FOR EQUI-VEST
The performance data in the following tables, which are prepared in a manner
prescribed by the SEC for use when we advertise the performance of the Separate
Account, illustrate the average annual total return of the Investment Funds over
the periods shown assuming a single initial contribution of $1,000 and
termination of the Contract at the end of each period under circumstances in
which the contingent withdrawal charge applies. The values shown are also net of
all other charges and expenses assessed against the Investment Funds. An
Investment Fund's average annual total return is the annual rate of growth of
the Investment Fund that would be necessary to achieve the ending value of a
contribution kept in the Investment Fund for the period specified.
Since charges under the Contracts may vary, we have assumed, for each charge,
the highest that might apply. Each calculation further assumes that the $1,000
contribution was allocated to only one Investment Fund, no transfers or
additional contributions were made, no loans, and no amounts were allocated to
any other Investment Fund under the Contract.
In order to calculate the standardized performance information, we divide the
termination value (defined below) of a Contract which is terminated on December
31, 1996 by the $1,000 investment made at the beginning of each period
illustrated. The result of that calculation is the total growth rate for the
period. Then we annualize that growth rate to obtain the average annual
percentage increase (decrease) during the period shown. When we "annualize," we
assume that a single rate of return applied each year during the period will
produce the ending value, taking into account the effect of compounding.
"Termination value" means the Annuity Account Value less the contingent
withdrawal charge, the annual administrative charge and all other charges and
expenses which are applied against an Investment Fund. See "Part 7: Deductions
and Charges."
TABLE 1: GROWTH OF $1,000 FOR CONTRACTS TERMINATED ON
DECEMBER 31, 1996
Length of Investment Period
- --------------------------------------------------------------------------------
Investment One Three Five Ten Since
Fund Year Years Years Years Inception*
- --------------------------------------------------------------------------------
Alliance Money
Market $ 963.24 $ 982.17 $ 960.08 $1,221.18 --
Alliance
Intermediate
Government
Securities 949.10 952.85 1,025.09 -- $1,127.20
Alliance Quality
Bond 963.61 992.54 -- -- 975.81
Alliance High
Yeild 1,123.88 1,224.90 1,598.29 -- 2,072.07
Alliance Growth
& Income 1,098.29 1,266.67 -- -- 1,252.94
Alliance Equity
Index 1,119.29 -- -- -- 1,081.23
Alliance Common
Stock 1,136.16 1,375.88 1,676.60 3,169.02 --
Alliance Global 1,048.12 1,225.18 1,513.97 -- 2,025.64
Alliance
International 1,004.29 -- -- -- 1,081.23
Alliance Aggres-
sive Stock 1,118.34 1,325.71 1,396.55 3,833.29 --
Alliance Asset
Allocation
Series:
Alliance
Conservative
Investors 962.20 1,031.54 1,119.54 -- 1,400.08
Alliance Balanced 1,021.26 1,044.57 1,042.89 1,872.86 --
Alliance Growth
Investors 1,029.88 1,178.49 1,331.39 -- 2,205.93
- --------------------------------------------------------------------------------
TABLE 2: AVERAGE ANNUAL TOTAL RETURN UNDER CON-
TRACTS TERMINATED ON DECEMBER 31, 1996
Length of Investment Period
- --------------------------------------------------------------------------------
Investment One Three Five Ten Since
Fund Year Years Years Years Inception*
- --------------------------------------------------------------------------------
Alliance Money
Market -3.68% -0.60% -0.81% 2.02% --
Alliance
Intermediate
Government
Securities -5.09 -1.60 0.50 -- 2.10
Alliance Quality
Bond -3.64 -0.25 -- -- -0.75
Alliance High
Yield 12.39 7.00 9.83 -- 7.56
Alliance Growth
& Income 9.83 8.20 -- -- 7.18
Alliance Equity
Index 11.93 -- -- -- 14.15
Alliance Common
Stock 13.62 11.22 10.89 12.23 --
Alliance Global 4.81 7.00 8.65 -- 7.84
Alliance
International 0.43 -- -- -- 4.57
Alliance
Aggressive 11.83 9.85 6.91 14.38 --
Stock
Alliance Asset
Allocation
Series:
Alliance
Conservative
Investors -3.78 1.04 2.28 -- 4.75
Alliance 2.13 1.46 0.84 6.48 --
Balanced
Alliance Growth
Investors 2.99 5.63 5.89 -- 11.53
- --------------------------------------------------------------------------------
* Inception dates are as follows: Alliance Money Market (May 11, 1982);
Alliance Intermediate Government Securities (April 1, 1991); Alliance Quality
Bond (October 1, 1993); Alliance High Yield (January 2, 1987); Alliance
Growth & Income (October 1, 1993); Alliance Equity Index (March 1, 1994);
Alliance Common Stock (August 1, 1968); Alliance Global (August 27, 1987);
Alliance International (April 3, 1995); Alliance Aggressive Stock (May 1,
1984); Alliance Conservative Investors (October 2, 1989); Alliance Balanced
(May 1, 1984) and Alliance Growth Investors (October 2, 1989).
36
<PAGE>
COMMUNICATING PERFORMANCE DATA
In reports or other communications or in advertising material, we may describe
general economic and market conditions affecting the Separate Account and HRT or
EQAT and may present the performance of the Investment Funds or compare it with
(1) that of other insurance company separate accounts or mutual funds included
in the rankings prepared by Lipper Analytical Services, Inc., Morningstar Inc.,
VARDS or similar investment services that monitor the performance of insurance
company separate accounts or mutual funds, (2) other appropriate indices of
investment securities and averages for peer universes of funds which are
described elsewhere in this prospectus, or (3) data developed by us derived from
such indices or averages. The Morningstar Variable Annuity/Life Report consists
of over 700 variable life and annuity funds, all of which report their data net
of investment management fees, direct operating expenses and separate account
charges. VARDS is a monthly reporting service that monitors over 2,500 variable
life and variable annuity funds on performance and account information.
Advertisements or other communications furnished to present to prospective
Contract Owners may also include evaluations of an Investment Fund or Portfolio
by financial publications that are nationally recognized such as Barron's,
Morningstar's Variable Annuity Sourcebook, Business Week, Chicago Tribune,
Forbes, Fortune, Institutional Investor, Investment Adviser, Investment Dealer's
Digest, Investment Management Weekly, Los Angeles Times, Money, Money Management
Letter, Kiplinger's Personal Finance, Financial Planning, National Underwriter,
Pension & Investments, USA Today, Investor's Daily, The New York Times and The
Wall Street Journal.
37
<PAGE>
- --------------------------------------------------------------------------------
PART 4: THE GUARANTEED INTEREST ACCOUNT
- --------------------------------------------------------------------------------
The Guaranteed Interest Account is part of our general account and pays interest
at guaranteed rates. The general account supports all of our policy and contract
guarantees, as well as our general obligations. The general account is subject
to regulation and supervision by the Insurance Department of the State of New
York and to the insurance laws and regulations of all jurisdictions where we are
authorized to do business. Because of applicable exemptive and exclusionary
provisions, interests in the general account have not been registered under the
Securities Act of 1933 (1933 ACT), nor is the general account an investment
company under the 1940 Act. Accordingly, the general account is not subject to
regulation under the 1933 Act or the 1940 Act. We have been advised that the
staff of the SEC has not made a review of the disclosures that are included in
the prospectus for your information and that relate to the general account and
the Guaranteed Interest Account. These disclosures, however, may be subject to
certain generally applicable provisions of the Federal securities laws relating
to the accuracy and completeness of statements made in prospectuses.
The amount that you as a Participant or Contract Owner have in the Guaranteed
Interest Account at any time is equal to the sum of all contributions and
transfers that have been allocated to that Account on your behalf plus interest,
less the sum of all amounts that have been withdrawn, transferred or deducted.
Interest is credited to the Account every day. There are three levels of
interest rates simultaneously in effect in the Guaranteed Interest Account: the
minimum interest rate guaranteed over the life of the contract, the yearly
guaranteed interest rate for the calendar year, and the current interest rate.
Current interest rates are set periodically by Equitable Life, at its
discretion, according to procedures that Equitable Life reserves the right to
change. All interest rates are effective annual rates, but before deduction of
applicable administrative or contingent withdrawal charges.
An interest rate is assigned to each allocation to the Guaranteed Interest
Account and the rate is guaranteed for a certain period of time, depending on
when the allocation is made. Therefore, for these Contracts, different interest
rates may apply to different amounts in this Account. (An exception to this
approach is made for Corporate Trusteed and EDC Contracts issued to governmental
employers in New York whose EQUI-VEST funding arrangements became effective on
or after July 1, 1989.)
The yearly guaranteed interest rate for 1997 is 4% and for 1998 is 4%. The
yearly guaranteed interest rate will never be less than the minimum Contract
guarantee of 3% (4% for EQUI-VEST Corporate Trusteed Contracts, Series 100 and
200 NQ group certificates).
38
<PAGE>
- --------------------------------------------------------------------------------
PART 5: THE FIXED MATURITY ACCOUNT
- --------------------------------------------------------------------------------
ALLOCATIONS TO FIXED MATURITY PERIODS
The Fixed Maturity Account is only available under the EQUI-VEST Series 400 IRA,
QP IRA and NQ Contracts.
Your Fixed Maturity Account contains the Fixed Maturity Periods to which you
have made a contribution or transfer. Each amount contributed (including amounts
transferred) to a Fixed Maturity Period and held to that Period's Expiration
Date accumulates interest at the Rate to Maturity in effect on the date of your
contribution to that Period. Thus, your Rate to Maturity is the interest rate
your contribution will earn if your money remains in that Fixed Maturity Period
until its Expiration Date.
Your Maturity Amount in a Fixed Maturity Period on its Expiration Date is your
original contribution plus interest, using the Rate to Maturity in effect on the
date of your contribution (or transfer) for the Fixed Maturity Period (less
appropriate adjustments for any charges or premature withdrawals).
Before maturity, you have a Market Adjusted Amount in each Fixed Maturity Period
to which you have made a contribution. The Market Adjusted Amount is the present
value of your Maturity Amount, discounted at the Rate to Maturity in effect for
new contributions on the date of the calculation. It thus reflects whatever
market value adjustment (see details below) would apply on that day were you to
withdraw the entire amount in your Fixed Maturity Period.
(On the Expiration Date, your Market Adjusted Amount equals your Maturity
Amount.)
Contributions may be made to one or more Fixed Maturity Periods; however, you
may not make more than one contribution to any one Fixed Maturity Period. You
may not make a contribution to a Fixed Maturity Period which has an Expiration
Date beyond the date on which annuity payments are to commence under your
Contract. If you have contributed funds to one or more Fixed Maturity Periods
you must select Maximum Fund Choice; transfers out of the Guaranteed Interest
Account will be restricted. See "Transfers" in Part 6.
AVAILABILITY OF FIXED MATURITY PERIODS
Fixed Maturity Periods are available as Investment Options only to Owners of
Series 400 IRA, QP IRA and NQ Contracts. This option is not available for
Contracts issued in Maryland.
We offer Fixed Maturity Periods ending on June 15 (or the preceding Business
Day) for each of the maturity years 1997 through 2007. Not all Fixed Maturity
Periods will be available in all states. As Fixed Maturity Periods expire, we
expect to add maturity years so that generally ten are available in most states
at any time.
RATES TO MATURITY AND PRESENT VALUE
PER $100 OF MATURITY AMOUNT
Because the Maturity Amount of a contribution to a Fixed Maturity Period can be
determined at the time it is made, you can determine the amount required to be
contributed to a Fixed Maturity Period in order to produce a target Maturity
Amount (assuming no transfers or withdrawals are made and no charges are
allocated to the Fixed Maturity Period). The required contribution is the
present value of that Maturity Amount discounted at the Rate to Maturity on the
Transaction Date for the contribution.
The same approach as described above may also be used to determine the amount
which you would need to allocate to each Fixed Maturity Period in order to
create a series of constant Maturity Amounts for two or more years.
The Rates to Maturity that are available for new contributions can be obtained
from your Equitable Representative or by calling our Customer Service line at
(800) 628-6673 (effective in early June 1997).
OPTIONS AT EXPIRATION DATE
We will notify you at least 45 days before the Expiration Date of each Fixed
Maturity Period in which you have any money. You may elect one of the following
options to be effective at the Expiration Date:
(a) to transfer the Maturity Amount into any Fixed Maturity Period we are
then offering, or into any of our other Investment Options.
39
<PAGE>
(b) to withdraw the Maturity Amount (subject to any contingent withdrawal
charge which may apply under your Contract).
If we have not received your election as of the Expiration Date, the Maturity
Amount in the expired Fixed Maturity Period will be transferred into the Money
Market Fund (or another Investment Option if required by state regulation). As
to contracts issued in New York, see New York Contracts -- Fixed Maturity
Account in "Part 7: Deductions and Charges."
MARKET VALUE ADJUSTMENT FOR
TRANSFERS, WITHDRAWALS OR
TERMINATION PRIOR TO THE
EXPIRATION DATE
Any withdrawal (including transfers, terminations and deductions) from a Fixed
Maturity Period prior to its Expiration Date will result in a positive or
negative market value adjustment, which is reflected in your Market Adjusted
Amount. The amount of the adjustment will depend on two factors: (a) the
difference between the Rate to Maturity on the date of your contribution or
transfer and the Rate to Maturity for the same Fixed Maturity Period on the date
of the calculation, and (b) the length of time remaining until the Expiration
Date. In general, if interest rates have risen between the time when an amount
was originally contributed to a Fixed Maturity Period and the time it is
withdrawn, the market value adjustment will be negative, and vice versa; and the
longer the period of time remaining until the Expiration Date, the greater the
impact of the interest rate difference. Therefore, it is possible that a
significant rise in interest rates could result in a substantial reduction in
your Market Adjusted Amount should you withdraw before the Expiration Date.
The market value adjustment (positive or negative) resulting from a withdrawal
of all funds from a Fixed Maturity Period will be determined for each
contribution allocated to that Fixed Maturity Period as follows:
(1) We determine the Market Adjusted Amount on the Transaction Date as follows:
(a) We determine the Book Value that would be payable on the Expiration
Date, using the applicable Rate to Maturity. The Book Value equals
your contribution to the Fixed Maturity Period, reduced by any prior
withdrawals, transfers and charges and reflecting any prior market
value adjustments, accumulated at the Rate to Maturity on the date of
the contribution.
(b) We determine the time remaining in your Fixed Maturity Period (based
on the Transaction Date) and convert it to fractional years based on a
365-day year (or on 366-day year in a leap year). For example, three
years and 12 days becomes 3.0329.
(c) We determine the current Rate to Maturity which applies on the
Transaction Date to new contributions to the same Fixed Maturity
Period.
(d) We determine the present value of the Book Value payable at the
Expiration Date, using the period determined in (b) and the rate
determined in (c).
(2) We determine the Book Value as of the current date.
(3) We subtract (2) from the result in (1)(d). The result is the market value
adjustment applicable to such Fixed Maturity Period, which may be positive
or negative.
The market value adjustment (positive or negative) resulting from a withdrawal
of a portion of the amount in a Fixed Maturity Period will be a percentage of
the market value adjustment that would be applicable upon a withdrawal of all
funds from a Fixed Maturity Period. This percentage is determined by (i)
dividing the amount of the withdrawal or transfer from the Fixed Maturity Period
by (ii) the Market Adjusted Amount in such Fixed Maturity Period prior to the
withdrawal or transfer. See Appendix I for an example.
The Rate to Maturity for new contributions to a Fixed Maturity Period is the
rate we have in effect for this purpose even if new allocations to that Fixed
Maturity Period would not be accepted at the time. If we do not have a Rate to
Maturity in effect for a Fixed Maturity Period to which the "current Rate to
Maturity" in (1)(c) would apply, we will use the rate at the next closest
Expiration Date. If we are no longer offering new Fixed Maturity Periods, the
"current Rate to Maturity" will be determined in accordance with our procedures
then in effect. For purposes of calculating the market value adjustment only, we
reserve the right to add up to 0.50% to the current rate in (1)(c) above.
INVESTMENTS
Contributions received under the Contracts and allocated to Fixed Maturity
Periods will be held in a "nonunitized" separate account established by
Equitable Life under the laws of New York. The separate account provides an
additional measure of assurance
40
<PAGE>
that full payment of amounts due under the Fixed Maturity Periods will be made.
Under the New York Insurance Law, the portion of the separate account's assets
equal to the reserves and other liabilities relating to the Contracts are not
chargeable with liabilities arising out of any other business we may conduct.
Investments purchased with amounts contributed to the Fixed Maturity Account
(and any earnings on those amounts) are our property. Any favorable investment
performance on the assets held in the separate account accrues solely to our
benefit. Contract Owners do not participate in the performance of the assets
held in the separate account. We may, subject to applicable state law, transfer
all assets allocated to the separate account to our general account. Regardless
of whether assets supporting Fixed Maturity Accounts are held in a separate
account or our general account, all benefits relating to the value in the Fixed
Maturity Account are guaranteed by us.
We have no specific formula for establishing the Rates to Maturity for the Fixed
Maturity Periods. We expect the rates to be influenced by, but not necessarily
correspond to, among other things, the yields on the fixed-income securities to
be acquired with amounts that are allocated to the Fixed Maturity Periods at the
time that the Rates to Maturity are established. Our current plans are to invest
such amounts in fixed-income obligations, including corporate bonds,
mortgage-backed and asset-backed securities and government and agency issues
having durations in the aggregate consistent with those of the Fixed Maturity
Periods.
Although the foregoing generally describes our plans for investing the assets
supporting our obligations under the fixed portion of the Contracts, we are not
obligated to invest those assets according to any particular plan except as may
be required by state insurance laws nor will the Rates to Maturity we establish
be determined by the performance of the nonunitized separate account. Interests
held in the nonunitized separate account are registered under the 1933 Act. See
"Part 4: The Guaranteed Interest Account" for a discussion of our general
account.
41
<PAGE>
- --------------------------------------------------------------------------------
PART 6: PROVISIONS OF THE EQUI-VEST CONTRACTS
- --------------------------------------------------------------------------------
THE EQUI-VEST CONTRACT SERIES
EQUI-VEST is designed as a funding vehicle for either personal or
employer-sponsored retirement programs. EQUI-VEST may be offered either as an
individual Contract or as a group Contract with individual Certificates. The
difference is primarily one of state requirements; the basic provisions are the
same regardless of group or individual Contract form. Your Contract or
Certificate will indicate what form you have. Certain provisions of your
Contract may differ depending on the type of program purchased and the state or
date of issue. (See Part 1: "Summary" for a description of the types of programs
offered.) In this prospectus, we use a "series" number when necessary to
differentiate among Contracts. Currently, there are four series of EQUI-VEST
Contracts. You can identify the EQUI-VEST series you have by referring to your
confirmation notice, or you may contact your Equitable Representative or call
our toll-free number. In general, the series designations are:
- --------------------------------------------------------------------------------
TSA, SEP, EDC, Annuitant-Owned HR-10 and Trusteed Series 100
Contracts issued before August 17, 1995. IRA, QP IRA and
NQ Contracts issued before January 3, 1994.
- --------------------------------------------------------------------------------
TSA, EDC, Annuitant-Owned HR-10 and Trusteed Contracts Series 200
issued on or after August 17, 1995. SEP Contracts issued
on or after August 17, 1995 and before November 1, 1995
and currently in a state where the Series 300 Contract
has not been approved.
- --------------------------------------------------------------------------------
IRA, QP IRA and NQ Contracts issued on or after January Series 300
3, 1994 and before the date Series 400 Contracts became
available in a state; and SEP Contracts issued on or
after November 1, 1995 in states which have approved the
Series 300 Contract.
- --------------------------------------------------------------------------------
IRA, QP IRA, and NQ Contracts issued on or after July 10, Series 400
1995 in states where approved. SIMPLE IRA Contracts in
all approved states. (We reserve the right to issue a
Series 200 or 300 SIMPLE IRA Contract, as necessary,
for states not approving the Series 400 version.)
- --------------------------------------------------------------------------------
The provisions of your Contract may be restricted by any plan or agreement
relating to it or by applicable laws or regulations.
SELECTING INVESTMENT OPTIONS
You can choose one of the following two methods for selecting Investment
Options:
o Maximum Fund Choice, allowing you to allocate contributions to any
Investment Fund, the Guaranteed Interest Account and the Fixed Maturity
Periods; however, this election will result in restrictions in the amount
you can transfer out of the Guaranteed Interest Account; or
o Maximum Transfer Flexibility, allowing you to allocate contributions to the
Guaranteed Interest Account and any Investment Funds except the Alliance
Conservative Investors, Alliance Money Market, Alliance Intermediate
Government Securities, Alliance Quality Bond, or Alliance High Yield Funds;
no transfer restrictions apply.
Once this selection is made, you may allocate contributions to, or transfer
among, only the Investment Options that you have chosen. After your Contract is
issued, you may request in writing to add any remaining Funds or eliminate Funds
that result in transfer restrictions, but we have the right to deny the request.
See "Transfers" elsewhere in this section.
The Guaranteed Interest Account is always available as an Investment Option.
Subject to state regulatory approval, the Fixed Maturity Periods are available
to Owners of Series 400 IRA, QP IRA, and NQ Contracts. If you want to invest in
the Fixed Maturity Periods, you must select Maximum Fund Choice.
For Original Contracts, only the Guaranteed Interest Account and the Alliance
Money Market, Alliance Balanced, Alliance Common Stock and Alliance Aggressive
Stock Funds are available. In most cases, you may request to add additional
Funds to your Original Contract, although we have the right to deny such
requests. See "Transfers" elsewhere in this section for the transfer
restrictions applicable to Original Contracts.
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<PAGE>
CONTRIBUTIONS UNDER THE CONTRACTS
Generally, contributions may be made at any time: in single sum amounts, on a
regular basis or as your financial situation permits. For some types of
retirement plans, contributions must be made by the employer. Contributions are
credited as of the Transaction Date, provided they are accompanied with complete
information. All contributions made by check must be drawn on a bank in the
U.S., in U.S. dollars and made payable to Equitable Life. All checks are
accepted subject to collection.
You may be able to move amounts you have invested with another carrier to your
EQUI-VEST Contract. To make such a change, funds must be remitted via wire or
check. Therefore, any assets accumulated under an existing program will have to
be liquidated. For example, existing insurance policies and annuity contracts
funding a qualified plan must be converted into cash.
Minimum amounts that may be contributed are as follows:
o IRA
--Series 100 and 200--$20
--Series 300 and 400--$50
o QP IRA
--Series 100 and 200--$1,000
--Series 300 and 400--$2,500
o NQ
--$1,000 (initial); $50 (initial for payroll deduction)
--$50 (ongoing)
o All others--$20
We reserve the right to change minimum and maximum contribution amounts upon 90
days prior written notice and to waive them in certain cases.
Special Limits
NQ: Subsequent contributions to Series 100 NQ Contracts will be restricted for
Annuitants age 59 and older in states where individual Contracts are issued.
TSA: In certain cases, provided the total annual contribution to the TSA will be
at least $200 annually, we may accept contributions of less than $20. Currently
we do not accept contributions via direct TSA to TSA transfers under Rev. Rul.
90-24 where any such funds were invested in a custodial account under Code
Section 403(b)(7) and are still subject to its restrictions.
IRA: Contributions to IRA Contracts may be subject to maximums, as discussed
below and in "Part 9: Federal Tax & ERISA Matters." Contributions may be
"regular" IRA contributions, "rollover" contributions or "direct transfers." A
$2,000 annual limit applies to regular contributions, but not to rollovers or
direct transfers.
"Regular" IRA contributions may no longer be made for the taxable year in which
you attain age 70 1/2 and thereafter. Rollover and direct transfer contributions
may be made after you attain age 70 1/2. However, any amount contributed must be
net of your required minimum distribution for the year in which the rollover or
direct transfer contribution is made.
Contributions to the Investment Funds and the Guaranteed Interest Account
We allocate contributions to the Investment Funds and the Guaranteed Interest
Account on the Transaction Date according to your allocation percentages.
Allocation percentages can be changed at any time by writing to our Processing
Office or by using TOPS. The change will be effective on the Transaction Date
and will remain in effect for future contributions unless another change is
requested.
A contribution allocated to an Investment Fund purchases Accumulation Units in
that Investment Fund. The number of Accumulation Units purchased equals the
dollar amount of the contribution divided by the Accumulation Unit Value for
that Investment Fund computed for the Transaction Date on which we receive the
contribution at our Processing Office. The number of Accumulation Units
purchased will not vary because of any later change in the Accumulation Unit
Value. A description of the computation of the Accumulation Unit Value is found
in the SAI.
Contributions allocated to the Guaranteed Interest Account become part of our
general account on the Transaction Date and begin to accrue interest at the
guaranteed interest rate then in effect.
Contributions to the Fixed Maturity Account (Series 400 IRA, QP IRA, and NQ
Contracts Only)
You must provide specific instructions for contributions to the Fixed Maturity
Account. Contributions (or transfers) to a Fixed Maturity Period will have the
Rate to Maturity for the specified Period offered on the Transaction Date.
Contributions may be made to one or more Fixed Maturity Periods; however, you
may not make more than one contribution (or transfer) to any one Fixed Maturity
Period. In no event may contributions be made to Fixed Maturity Periods with
maturities beyond the date on which annuity payments are to commence under your
Contract. See "Distribution Options" elsewhere in this section.
43
<PAGE>
Automatic Investment Program
Our Automatic Investment Program (AIP) provides for a specified amount to be
automatically deducted from a bank checking account, bank money market account
or credit union checking account and to be contributed into an IRA or NQ
Contract on a monthly basis. AIP may be available to owners, or in some cases,
Annuitants, in other markets in the future. AIP contributions may be made to any
Investment Option available under your Contract except the Fixed Maturity
Periods. You may elect AIP by properly completing the appropriate form, which is
available from your Equitable Representative, and returning it to our Processing
Office. You elect which day of the month (other than the 29th, 30th or 31st) you
wish to have your bank account debited. That date, or the next Business Day if
that day is a non-Business Day, will be the Transaction Date. AIP is not
available to QP IRA Contract Owners.
You may cancel AIP at any time by notifying our Processing Office in writing at
least two business days prior to the next scheduled transaction. Equitable Life
is not responsible for any debits made to your account prior to the time written
notice of revocation is received at our Processing Office.
ANNUITY ACCOUNT VALUE
Your Annuity Account Value for an EQUI-VEST Contract is the sum of your amounts
in the Investment Options, plus the amount in any loan reserve account,
including accrued interest. These amounts are defined below and include your
value in the Investment Funds, your value in the Guaranteed Interest Account and
your value in the Fixed Maturity Account. The loan reserve account, applicable
only to certain TSA and Corporate Trusteed Contracts, is described in the SAI.
Value in the Investment Funds
Your value in an Investment Fund on any Business Day under your Contract is
equal to the number of your Accumulation Units in that Investment Fund times the
Accumulation Unit Value for that Fund for that date. Your number of Accumulation
Units in an Investment Fund at any time is equal to the sum of Accumulation
Units purchased by your contributions and transfers less any Accumulation Units
redeemed for withdrawals, transfers or deductions for applicable charges.
The number of Accumulation Units you purchase or sell in any Investment Fund is
equal to the dollar amount of your transaction divided by the Accumulation Unit
Value for the Investment Fund on the Transaction Date. The number of
Accumulation Units you own will not vary because of any later change in the
Accumulation Unit Value. However, the Accumulation Unit Value varies with the
investment performance of the Fund, which in turn reflects the investment income
and realized and unrealized capital gains and losses of the corresponding
Portfolio, as well as Trust fees and expenses. The Accumulation Unit Value is
also stated after deduction of the Separate Account asset charges relating to
the Contracts. A description of the computation of the Accumulation Unit Values
is found in the SAI.
44
<PAGE>
Accumulation Unit Values
The following tables show the Accumulation Unit Values, as of the last Business
Day for the periods shown, commencing with the initial offering of each Fund
under the Contracts indicated below. No Accumulation Unit Values are shown for
the Funds in EQAT and Alliance Small Cap Growth Portfolio because the initial
offering date of those Funds is after the date of this prospectus.
<TABLE>
<CAPTION>
- ------------------------------------------------------------------------------------------------------------------------------------
EQUI-VEST: SERIES 100 AND 200
Alliance
Last Alliance Intermediate Alliance Alliance Alliance Alliance Alliance Alliance Alliance
Business Money Government Quality High Growth Equity Common Alliance Inter- Aggressive
Day of Market Securities Bond Yield & Income Index Stock Global national Stock
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
December 1987 $19.18 -- -- -- -- -- $ 55.30 -- -- $18.15
December 1988 20.32 -- -- -- -- -- 67.22 -- -- 18.09
December 1989 21.89 -- -- -- -- -- 83.40 -- -- 25.86
December 1990 23.38 -- -- -- -- -- 75.67 -- -- 27.36
December 1991 24.48 -- -- -- -- -- 102.76 -- -- 50.51
December 1992 25.01 -- -- -- -- -- 104.63 -- -- 48.30
December 1993 25.41 -- -- -- -- -- 128.80 -- -- 55.68
December 1994 26.08 $ 98.19 $ 93.87 $ 95.88 $ 98.86 $100.95 124.32 $104.12 -- 52.88
December 1995 27.22 109.80 108.38 113.44 121.02 135.94 162.42 122.06 $104.15 68.73
December 1996 28.28 112.40 112.65 137.53 143.37 164.12 199.05 138.00 112.83 82.91
March 1997 28.54 112.11 111.99 137.81 144.17 167.72 191.23 133.09 111.37 80.80
- ------------------------------------------------------------------------------------------------------------------------------------
</TABLE>
- ------------------------------------------------------------------------
EQUI-VEST: SERIES 100 AND 200
Last Alliance Alliance Growth
Business Conservative Alliance Investors
Day of Investors Balanced
- -------------------------------------------------------------------------
December 1987 -- $13.95 --
December 1988 -- 15.80 --
December 1989 -- 19.69 --
December 1990 -- 19.40 --
December 1991 -- 27.17 --
December 1992 -- 26.04 --
December 1993 -- 28.85 --
December 1994 $ 95.10 26.18 $ 96.31
December 1995 112.97 30.92 120.08
December 1996 117.25 34.06 133.40
March 1997 115.83 33.31 180.55
- ------------------------------------------------------------------------
<TABLE>
<CAPTION>
- ---------------------------------------------------------------------------------------------------------------------------
EQUI-VEST: SERIES 300 AND 400
Alliance
Last Alliance Intermediate Alliance Alliance Alliance Alliance Alliance Alliance
Business Money Government Quality High Growth Equity Common Alliance Inter-
Day of Market Securities Bond Yield & Income Index Stock Global national
- ---------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
December 1994 $102.61 $ 98.19 $ 93.87 $ 95.88 $ 98.86 $100.95 $ 97.03 $104.12 --
December 1995 107.04 109.80 108.38 113.44 121.02 135.94 126.78 122.06 $104.15
December 1996 111.21 112.40 112.65 137.53 143.37 164.12 155.42 138.00 112.83
March 1997 112.22 112.11 111.99 137.81 144.17 167.72 149.33 133.09 111.37
- ---------------------------------------------------------------------------------------------------------------------------
</TABLE>
- -------------------------------------------------------------------------
EQUI-VEST: SERIES 300 AND 400
Last Alliance Alliance Alliance
Business Aggressive Conservative Alliance Growth
Day of Stock Investors Balanced Investors
- -------------------------------------------------------------------------
December 1994 $ 95.45 $ 95.10 $ 91.64 $ 96.31
December 1995 123.95 112.97 108.26 120.08
December 1996 149.41 117.25 119.26 133.40
March 1997 145.58 115.83 116.61 130.55
- -------------------------------------------------------------------------
Value in the Guaranteed Interest Account
Your value in the Guaranteed Interest Account on any Business Day is equal to
contributions and transfers made to the Guaranteed Interest Account plus
interest, less withdrawals, transfers and deductions for applicable charges.
Value in the Fixed Maturity Account
Your value in each Fixed Maturity Period on any Business Day is your Market
Adjusted Amount in that Period. See "Part 5: The Fixed Maturity Account."
TRANSFERS
You may transfer all or portions of your Annuity Account Value among the
Investment Options you have chosen at any time, subject to the restrictions
stated below. The amount transferred must be at least $300 or, if less, the
entire amount in the Investment Option. We reserve the right to waive the $300
minimum transfer requirement.
o If you have not selected the Alliance Conservative Investors, Alliance Money
Market, Alliance Intermediate Government Securities, Alliance Quality Bond
or Alliance High Yield Fund, no transfer restrictions will apply under your
Contract.
o If you have selected to make all Investment Options available (Maximum Fund
Choice), then the maximum amount which you may transfer in any Contract Year
from the Guaranteed Interest Account to any other Investment Option is the
greater of (a) 25% of the amount you had in the Guaranteed Interest Account
on the last day of the prior Contract Year or (b) the total of all amounts
you transferred from the Guaranteed Interest Account to any other Investment
Option in the prior Contract Year.
45
<PAGE>
o Transfers out of a Fixed Maturity Period other than at the Expiration Date
will result in a market value adjustment. See "Part 5: The Fixed Maturity
Account."
o Transfers may not be made to Fixed Maturity Periods to which you have
already made a contribution or transfer.
If you transfer money to the Guaranteed Interest Account from another financial
institution during your first Contract Year, and if you have selected Maximum
Fund Choice, you will be permitted, during the balance of that Contract Year, to
transfer up to 25% of such initial Guaranteed Interest Account balance to any
other Investment Option.
However, for Original Contract Owners, including Original Contract Owners who
elect to amend their Contract by selecting Maximum Transfer Flexibility, the
Alliance Money Market Fund is always available but we do not permit transfers
into that Fund from any other Investment Option. No other transfer limitations
apply to Original Contracts.
Upon 90 days advance notice, we have the right to change or establish additional
restrictions on transfers among the Investment Options.
A transfer request will be effective on the Transaction Date. Transfers in or
out of the Investment Funds will be at the Accumulation Unit Value for that
Transaction Date. Transfers out of the Fixed Maturity Periods will be at the
Market Adjusted Amount on that Transaction Date. Transfers into the Fixed
Maturity Periods will be at the Rate to Maturity on that Transaction Date. A
transfer request does not change your percentages for allocating current or
future contributions among the Investment Options. All transfers among the
Investment Options will be confirmed in writing.
Written transfer requests should be sent directly to the Processing Office. Your
signed request for a transfer should specify your Contract number, the amounts
to be transferred and the Investment Options to and from which the amounts are
to be transferred. You can use our TOPS service to make transfers among any
Investment Options other than the Fixed Maturity Periods. Please contact your
Equitable Representative or the Processing Office to receive the form necessary
to obtain a special code number required for TOPS.
AUTOMATIC TRANSFER OPTIONS
INVESTMENT SIMPLIFIER
We offer two automatic options for transferring amounts from the Guaranteed
Interest Account to the Investment Funds: the Fixed-Dollar and the Interest
Sweep. You may select either, but not both, of these options.
o Fixed-Dollar Option
Under the Fixed-Dollar Option you may elect to have a fixed-dollar amount
transferred out of the Guaranteed Interest Account and into the Investment
Funds of your choosing (unless transfers to the Alliance Money Market Fund
are prohibited) on a monthly basis. You can either specify the number of
monthly transfers or instruct us to continue to make monthly transfers until
available amounts in the Guaranteed Interest Account are depleted. In order
to elect this option you must have a minimum amount of $5,000 in the
Guaranteed Interest Account on the date we receive your election form at our
Processing Office and you must elect to transfer at least $50 per month. The
Fixed-Dollar Option is subject to the Guaranteed Interest Account transfer
limitation described in "Transfers" in this section.
The Fixed-Dollar Option relies upon the principles of dollar-cost averaging.
Dollar-cost averaging is an investment strategy whereby equal dollar amounts
are invested at regular intervals. By allocating fixed amounts on a
regularly scheduled basis -- as opposed to allocating the total amount at
one particular time -- an investor may be less susceptible to the impact of
market fluctuations. Although dollar-cost averaging is designed to lessen
the impact of market fluctuations, it does not assure a profit nor protect
against loss in a declining market.
o Interest Sweep
Under the Interest Sweep Option, the amount transferred each month will
equal the amount of interest that has been credited to amounts you have in
the Guaranteed Interest Account from the last Business Day of the prior
month to the last Business Day of the current month. To be eligible for this
option you must have at least $7,500 in the Guaranteed Interest Account on
the date we receive your election and on the last Business Day of each month
thereafter.
You may elect either option by completing an election form and sending it to
our Processing Office. You can obtain a form from your Equitable
Representative. For the Fixed-Dollar Option, the first monthly transfer will
occur on the last Business Day of the month in which we receive your
election form at our Processing Office. For the Interest Sweep, the first
monthly transfer will occur on the last Business Day of the month following
the month
46
<PAGE>
in which we receive your election form at our Processing Office.
Termination of Automatic Options
Automatic transfer options will terminate:
-- Under the Fixed-Dollar Option, when either the number of designated
monthly transfers have been completed or the amount you have available
in the Guaranteed Interest Account has been depleted, as applicable;
or
-- Under the Interest Sweep, when the amount you have in the Guaranteed
Interest Account falls below $7,500 (determined on the last Business
Day of the month) for two consecutive months; or
-- Under either option, on the date we receive your written request to
terminate automatic transfers at our Processing Office or on the date
your Contract terminates.
LOANS (FOR TSA AND CORPORATE
TRUSTEED ONLY)
Unless restricted by the employer's plan, loans are permitted against the
Annuity Account Value of certain TSA and Corporate Trusteed Contracts only.
Loans under a Corporate Trusteed Contract, however, may not be available in all
states. Loans under TSA and Corporate Trusteed Contracts are restricted by the
rules of the Code. In addition, ERISA rules apply to loans under Corporate
Trusteed Contracts and under individual TSA Contracts where the TSA plan is
subject to Title I of ERISA.
Loans are not available under University TSA Contracts and under any TSA when
the Required Minimum Distributions Option (described later in this part) has
been elected.
The EQUI-VEST program permits only one loan at any one time. Before a loan can
be made under either a Corporate Trusteed or TSA Contract, a properly completed
loan request form must be signed. Participants should read the terms and
conditions contained in this document carefully and consult with a tax adviser
before taking out a loan. A loan request form can be obtained from your
Equitable Representative, by writing to our Processing Office or by calling our
toll-free number. In the case of Corporate Trusteed and certain TSA Contracts,
the written consent of the Participant's spouse will be required before a loan
can be made. More details of the loan provisions are stated in the Contract and
on the loan request form.
A loan will not be treated as a taxable distribution when made to the extent
that it conforms to Code limits. If the loan fails to qualify under Code limits,
or if interest and principal is not repaid when due, or, in some instances, if
service with the employer terminates, the amount borrowed and not yet repaid may
be treated as a taxable distribution.
The amount and terms of loans under TSA and Corporate Trusteed Contracts are
discussed in Part 1, "Additional Loan Provisions," in the SAI. The tax
consequences of failure to repay a loan are substantial and are discussed in
Part 9, "Federal Tax and ERISA Matters" and in Part 1 of the SAI.
ASSIGNMENT AND FUNDING CHANGES
Generally, the Contract Owner may not assign a Contract for any purpose other
than to effect a tax-free exchange; however, a trustee owner of a Trusteed
Contract can transfer ownership to the Annuitant. We will not be bound by an
assignment unless it is in writing and we have received it at the Processing
Office. In some cases, an assignment may have adverse tax consequences. See
"Part 9: Federal Tax and ERISA Matters."
An employer or trustee can change the funding vehicle for an EDC or Trusteed
Contract, respectively. You can change the funding vehicle for an NQ, TSA, IRA,
SIMPLE IRA or SEP Contract.
PARTIAL WITHDRAWALS AND
TERMINATION
You may withdraw funds from or terminate your Contract at any time before the
Contract annuitizes and while the Annuitant is alive. Subject to Code
restrictions, you may withdraw funds from your Contract in any amount of at
least $300 but the Annuity Account Value should be at least $500 after the
withdrawal is made. Unless you specify otherwise, withdrawals will be taken on a
pro rata basis from the Investment Funds and the Guaranteed Interest Account. We
will make withdrawals from the Fixed Maturity Periods as you direct. Partial
withdrawals or terminations may result in a contingent withdrawal charge,
explained fully in "Part 7: Deductions and Charges." Withdrawals are generally
taxable and may be subject to tax penalty when the withdrawal is taken prior to
age 59 1/2. In some cases, withdrawals or termination may be prohibited or
limited by the terms of your retirement plan. We may be required to withhold
income taxes from the amount withdrawn. See Part 9: "Federal Tax and ERISA
Matters." Partial withdrawals or terminations of amounts held in the Fixed
Maturity Periods prior to an Expiration Date will result in a market value
adjustment. See "Market Value Adjustment for Transfers, Withdrawals or
Termination Prior to the Expiration Date" in Part 5.
47
<PAGE>
To make a withdrawal or termination, you should complete a Request for
Disbursement form which leads you through the withdrawal process, step by step.
This form is available from your Equitable Representative or from our Processing
Office. In order to process your request, we may require additional information,
depending on the provisions of your Contract or retirement plan. If we have
received the information we require, the requested partial withdrawal or
termination will become effective on the Transaction Date and proceeds will be
mailed within seven days thereafter. If we receive only partially completed
information, we will return the request to you for completion prior to
processing.
We may terminate your Contract and pay your Annuity Account Value, less any
outstanding loan (and accrued interest) (1) if no contributions are made for
three Contract Years and the Annuity Account Value is less than $500, or (2) if
you request a partial withdrawal that would result in the Annuity Account Value
falling below $500. We may also terminate your Contract if no contributions are
made within 120 days from the Contract Date. For group certificates, we may
terminate your certificate if no contributions are made within 120 days from the
issue date.
The amount of any outstanding loan balance plus any applicable contingent
withdrawal charge on the loan balance will be deducted from the proceeds paid
upon termination.
For participants in a Texas Optional Retirement Program, Texas law permits
withdrawals only after one of the following distributable events occur:
attainment of age 70 1/2, death, retirement, or termination of employment in all
Texas public institutions of higher education. To make a withdrawal, a properly
completed written acknowledgment must be received from the employer. If a
distributable event occurs prior to your being vested, any amounts provided by
an employer's first-year matching contribution will be refunded to the employer.
We reserve the right to change these provisions without your consent, but only
to the extent necessary to maintain compliance with applicable law.
THIRD PARTY TRANSFERS OR EXCHANGES
You may request that your Contract be exchanged for another contract or
certificate issued by another carrier at any time by completing the
Transfer/Rollover of Assets or 1035 Exchange to Another Carrier form. This form
contains specific delivery instructions and is available from your Equitable
Representative.
A contingent withdrawal charge and third party transfer charge, if applicable,
may be imposed on your Annuity Account Value prior to the transfer or exchange.
Any higher investment return which you anticipate as a result of this transfer
or exchange may be outweighed by the cost of these charges, if applicable. See
"Part 7: Deductions and Charges." Consult your tax or legal advisor before
making any such transfers or exchanges.
REQUIREMENTS FOR DISTRIBUTIONS
Payouts may be subject to applicable withdrawal charges. See "Part 7: Deductions
and Charges." Distributions may also be taxable and subject to tax penalties.
See "Part 9: Federal Tax and ERISA Matters." Amounts in the Fixed Maturity
Periods that are applied to a distribution option prior to an Expiration Date
will result in a market value adjustment. See "Market Value Adjustment for
Transfers, Withdrawals or Termination Prior to the Expiration Date" in Part 5.
IRA, EDC, Annuitant-Owned HR-10, SEP, SIMPLE IRA, TSA and Trusteed Contracts are
subject to the Code's minimum distribution requirements for qualified plans.
Generally, distributions from these Contracts, except for all types of IRAs and
any contract where the annuitant is a 5% business owner, must commence by the
later of April 1st of the calendar year following the calendar year in which the
annuitant attains age 70 1/2, or retires from service with the employer
sponsoring the plan. Subsequent distributions must be made by December 31st of
each calendar year. If the required minimum distribution is not made, a penalty
tax in an amount equal to 50% of the difference between the amount required to
be withdrawn and the amount actually withdrawn may apply. See "Part 9: Federal
Tax and ERISA Matters" for a discussion of various special rules concerning the
minimum distribution requirements.
In addition, distributions from a qualified plan, including our prototype plans
through which Annuitant-Owned HR-10 Contracts are issued, are subject to the
provisions of the plan document. For IRA and SIMPLE IRA retirement benefits
subject to minimum distribution requirements, we will send a form listing the
distribution options available during the year you attain age 70 1/2 (if you
have not annuitized before that time).
DISTRIBUTION OPTIONS
The Contract is an annuity contract, even though you may elect to receive your
benefits in a non-annuity form. In addition to a lump sum distribution option,
two other types of distribution options are available: income annuity and
flexible payment distribution options.
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An annuity form of distribution option or "annuitization" pays out contributions
and earnings under the Contract in installments over a specified period or over
the Annuitant's life. Annuitization payments, if selected, are calculated as of
the annuitization date chosen, which is on file with our Processing Office. You
can change this date by writing to our Processing Office anytime before the
date, subject to certain restrictions as described in the Contract.
Except for EDC, Trusteed and NQ Contracts, the Contract Owner is always the
Annuitant. In an EDC or Trusteed Contract, the Annuitant is generally the
covered employee. For EDC Contracts, the employer is the Contract Owner and, for
Trusteed Contracts, the Owner is the trustee. For NQ Contracts, Contract Owners
may name an Annuitant other than themselves if they wish.
INCOME ANNUITY DISTRIBUTION OPTIONS:
o LIFE ANNUITY: An annuity which guarantees payments for the rest of the
Annuitant's life. Payments end with the last monthly payment before the
Annuitant's death. Because there is no death benefit associated with this
annuity form, it provides the highest monthly payment of any of the life
annuity distribution options.
o LIFE ANNUITY-PERIOD CERTAIN: This annuity form guarantees payments for the
rest of the Annuitant's life. In addition, if the Annuitant dies before the
end of a selected period of time (the "certain period"), payments will
continue to the beneficiary for the balance of the certain period. The
certain period cannot exceed life expectancy of the Annuitant (or joint life
expectancy of the Annuitant and the Annuitant's spouse for qualified
retirement plans). A life annuity with a certain period of 10 years is the
normal form of annuity under NQ Contracts.
o LIFE ANNUITY-REFUND CERTAIN: This annuity form guarantees payments for the
rest of the Annuitant's life. In addition, if the Annuitant dies before the
amount applied to purchase this annuity option has been recovered, payments
will continue to the beneficiary until that amount has been recovered. This
annuity option is available only as a fixed annuity.
o PERIOD CERTAIN ANNUITY: This annuity form guarantees payments for a specific
period of time, usually 5, 10, 15 or 20 years, and does not involve life
contingencies. It does not permit any repayment of the unpaid principal, so
you could not elect to receive part of the payments as a single-sum payment
with the rest paid in monthly annuity payments. This is the normal form of
annuity for Annuitants in governmental EDC plans in New York. Currently,
this annuity option is available only as a fixed annuity.
o JOINT AND SURVIVOR LIFE ANNUITY: This annuity form guarantees payments for
the rest of the Annuitant's life and, after his or her death, continuation
of payments to the survivor. Generally, unless the Annuitant elects
otherwise with the written consent of the spouse, this will be the normal
form of annuity payment for married Annuitants under qualified plans and
certain TSAs.
All of the life annuity distribution options outlined above (with the exception
of Joint and Survivor Life Annuity) are available as either Single or Joint life
annuities. Life annuity distribution options are not available for Annuitants in
governmental EDC plans in New York.
FIXED AND VARIABLE ANNUITY FORMS:
We offer the annuity distribution options outlined above in fixed form. In
variable form, only the following options are available: Life Annuity (except in
New York), Life Annuity - Period Certain and Joint and Survivor Life and Life
Period Certain Annuity (100% to Survivor). Life annuity distribution options are
not available for Annuitants in governmental EDC plans in New York. Fixed
annuity payments, funded through our general account, do not change and will be
based on the tables of guaranteed annuity payments in your Contract or on our
then current annuity rates, whichever is more favorable for the Annuitant. For
all Annuitants, the normal form of annuity provides for fixed payments. Variable
payments will be funded through your choice of Investment Funds of the HRT
through the purchase of annuity units. The amount of each variable annuity
payment may fluctuate, depending upon the performance of the Investment Fund.
Variable benefits are not allowed for governmental EDC plans in New York. See
"Annuity Unit Values" in the SAI.
We also make the variable annuity distribution option available to owners of our
single premium deferred annuity (SPDA) contracts. SPDA contractholders who are
considering purchasing a variable distribution option should also review "Part
2: Separate Account A and its Investment Funds," "Part 3: Investment
Performance," the Hudson River Trust prospectus (directly following this
prospectus) and the sections of the Statement of Additional Information which
discuss the variable annuity distribution option.
We may offer other forms not outlined here. Your Equitable Representative can
provide details.
For each annuity distribution option, we will issue a separate written agreement
putting the option into effect. Before we pay any annuity benefit, we
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require the return of the Contract. If your Contract is lost, you must provide
us with a written statement to this effect.
If, at the time you elect an annuity distribution option, the Annuity Account
Value is less than $2,000 or the initial payment under the option elected is
less than $20, we reserve the right to pay the Annuity Account Value in a single
sum rather than as payments under the annuity form chosen.
The size of the payments will depend on the form of annuity (fixed or variable),
the amount applied to purchase the annuity, the type of annuity chosen and, in
the case of a life annuity distribution option, the Annuitant's age (or the
Annuitant's and joint annuitant's ages) and in certain instances, the sex of the
Annuitant(s). Once an annuity distribution option is chosen and payments have
commenced, no change can be made, other than transfers (if permitted in the
future) among the investment funds if a variable annuity is selected.
A $350 administrative charge will generally apply upon the election of a life
contingent annuity distribution option. In no event will a Contract Owner ever
receive less than the minimum amounts guaranteed by the Contract.
FLEXIBLE PAYMENT DISTRIBUTION OPTIONS:
o PARTIAL WITHDRAWALS: See "Partial Withdrawals and Termination" in this
section.
o SYSTEMATIC WITHDRAWAL: You may elect either at the time of Contract issue or
anytime thereafter to have an amount periodically withdrawn from your
Contract. (Currently not available for EDC, Trusteed, HR-10 Annuitant-Owned
Contracts, or if a TSA Contract has an outstanding loan.) A check for the
amount withdrawn will be made payable to you and mailed to your address or,
if you prefer, we will electronically transfer the money to your checking
account. You determine on which day of the month (1st through 28th) you wish
to have the Systematic Withdrawal occur. A minimum Annuity Account Value in
the Investment Funds and the Guaranteed Interest Account of $20,000 is
required at the time this feature is elected and you may terminate it at any
time.
The amount withdrawn may be either the amount of interest earned under the
Guaranteed Interest Account or a fixed-dollar amount of the Annuity Account
Value in the Investment Funds or in the Guaranteed Interest Account. When
the interest option is elected, a minimum of $20,000 must be maintained in
the Guaranteed Interest Account. No minimum Annuity Account Value is
required to be maintained when the fixed-dollar option is elected.
Withdrawals may be scheduled monthly or quarterly, subject to minimum amount
of $300. Amounts withdrawn which are in excess of the 10% free corridor
amount are subject to the contingent withdrawal charge. See "Contingent
Withdrawal Charge" in Part 7.
o REQUIRED MINIMUM DISTRIBUTIONS OPTION: We offer a payment option, which we
call "Required Minimum Distributions Option," which is intended to meet the
general minimum distribution requirements applicable to qualified plans,
IRAs, SEPs, SIMPLE IRAs, TSAs, and EDC Contracts. See "Part 9: Federal Tax
and ERISA Matters." You may elect the Required Minimum Distributions Option
if the Annuitant is at least age 70 1/2 and your Contract has an Annuity
Account Value in the Investment Funds and the Guaranteed Interest Account of
at least $2,000. You can elect the Required Minimum Distributions Option by
filing the proper election form with us. If you elect the Required Minimum
Distributions Option, we will pay out of the Annuity Account Value in the
Investment Funds and the Guaranteed Interest Account an amount which the
Code requires to be distributed from your Contract. If such amounts are
insufficient and you hold amounts in the Fixed Maturity Account, we will
then pay out required amounts from the Fixed Maturity Account. In performing
this calculation, we assume that the only funds subject to the Code's
minimum distribution requirements are those held under your Contract. We
calculate the Required Minimum Distributions Option amount based on the
information you give us, the various choices you make and certain
assumptions, including the assumption that you are required by law to
receive a minimum distribution. Currently, the Required Minimum
Distributions Option payments will be made annually. We are not responsible
for errors that result from inaccuracies in the information you provide. The
choices you can make are described in Part 3 of the SAI.
You may elect the Required Minimum Distributions Option for each Contract
you own, subject to our rules then in effect. This election is revocable
except for EDC Contracts. The Required Minimum Distributions Option is not
available under Contracts that have an outstanding loan. Generally electing
this option does not restrict making partial withdrawals, or subsequently
electing an annuity distribution option.
The minimum check that will be sent is $300, or, if less, your Annuity
Account Value. If, after the
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deduction of the amount of the minimum distribution, the total Annuity
Account Value is less than $500, we may terminate the Contract and pay the
Cash Value. See "Partial Withdrawals and Termination" above.
Any applicable withdrawal charges will be deducted in addition to the amount
distributed under the Required Minimum Distributions Option. Withdrawal
charges will be deducted on a pro rata basis from the Investment Funds and
the Guaranteed Interest Account or, if there is an insufficient amount in
these Options, on a pro rata basis from the Fixed Maturity Periods. See
"Contingent Withdrawal Charge" in Part 7.
If you have an EQUI-VEST TSA that was purchased before December 31, 1986 or
a TSA purchased from another carrier before December 31, 1986 and
subsequently transferred to an EQUI-VEST TSA, the amount of your pre-1987
account balance is not subject to the minimum distribution rules at age 70
1/2. However, post-1986 salary reduction contributions and all earnings
since that date are subject to minimum distribution requirements of Code
Section 401(a)(9).
o DEPOSIT OPTION: This distribution option is for NQ Contracts only. Proceeds
from your NQ Contract can be deposited for a period selected (including one
for as long as the Annuitant lives), and will be credited with a guaranteed
rate of interest for that period.
GUARANTEED DEATH BENEFIT
When the Annuitant Dies
Generally, upon receipt of due proof of the Annuitant's death, we will pay a
death benefit to the beneficiary named in your Contract. You designate the
beneficiary on the application. You may change your beneficiary by writing to
our Processing Office. The change is effective on the date the written
submission was signed. A beneficiary change request must be received by the
Processing Office before the submission of a death claim.
In general, the death benefit is equal to the greater of: (i) the Annuity
Account Value (less any outstanding loan and accrued interest, if any) and (ii)
the "minimum death benefit." The minimum death benefit will not be less than all
contributions made (less any applicable taxes and any outstanding loan and
accrued interest, if any) adjusted for total withdrawals. We will pay the death
benefit to the beneficiary in the form of an annuity distribution option if you
have chosen such form under your Contract. If no annuity option is in effect at
the Annuitant's death, the beneficiary will receive the death benefit in a lump
sum. However, subject to certain exceptions in the Contract, our rules then in
effect and any other applicable legal requirements, the beneficiary may elect
to: (a) apply the death benefit to an annuity distribution option we offer, (b)
apply the death benefit to provide any other form of distribution option we
offer, (c) elect any combination of forms of distribution option, or (d) in
certain circumstances, continue the Contract.
For Series 300 and 400 Contracts only, if the Annuitant is also the Contract
Owner and the Owner/Annuitant elects his or her spouse to be the sole primary
beneficiary and to be the Successor Annuitant and Contract Owner, then the
surviving spouse automatically becomes both the successor Contract Owner and
Annuitant, and no death benefit is payable until the surviving spouse's death.
When the Contract Owner Dies before the Annuitant (NQ Contracts Only)
For all NQ Contracts, when the Contract Owner is not the Annuitant and the
Contract Owner dies before any annuity distribution payments have begun, the
beneficiary named to receive the death benefit upon the Annuitant's death will
automatically succeed as Contract Owner. For Series 300 and 400 Contracts only,
you have the right to designate a Successor Owner either on the application form
or in a written request sent to our Processing Office. The Code requires that
the original Contract Owner's entire interest in the Contract be completely
distributed to the named beneficiary by the fifth anniversary of such Owner's
death (unless an annuity distribution option is elected and payments begin
within one year after the Contract Owner's death and are made over the
beneficiary's life or over a period not exceeding the beneficiary's life
expectancy). If an annuity distribution option has not been elected, as
described above, we will pay any remaining Annuity Account Value (less any
applicable contingent withdrawal charge) on the fifth anniversary of the
Contract Owner's death. If the named beneficiary is the Contract Owner's
surviving spouse, no distributions are required as long as both the surviving
spouse and the Annuitant are living.
YOUR BENEFICIARY
You designate the beneficiary for the death benefit under the Contract on the
application. You may change your beneficiary by writing to our Processing
Office. The change is effective on the Transaction Date. The Owner must be the
beneficiary under EDC plans and the trustee must be the beneficiary under most
Trusteed plans. The death
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benefit available to the beneficiary is determined as of the Business Day due
proof of death is received at our Processing Office. On that Business Day, the
Annuity Account Value is deducted from the Investment Options and is credited
with interest at an interest rate not less than the rate required by law. If you
have transferred the value of another Equitable Life annuity contract to your
EQUI-VEST Contract, the value of that contract's minimum death benefit
calculated as of the time of transfer will be included in total contributions
for purposes of calculating the minimum death benefit.
If no benefit option is in effect at the Annuitant's death, the beneficiary can
select a lump sum option or one of the forms of annuity benefit. Under an
EQUI-VEST NQ Contract, where the Annuitant and Owner are not the same, the
beneficiary at the death of the Owner may elect to continue the Contract by
deferring payment of the entire amount in the Investment Options for a period of
five years from the death of the Original owner; the beneficiary may also elect
to receive payments within one year of the original owner's death in the form of
a life annuity or installment option for a period of not longer than the life
expectancy of the beneficiary.
At the time of payment, subject to our rules in effect, the beneficiary may
elect to apply the single sum payment to a new EQUI-VEST NQ Contract which will
be owned by the beneficiary.
In either of the above cases, we will issue a 1099R form for the year of payment
advising the Internal Revenue Service of the distribution from the original
EQUI-VEST NQ Contract.
Under all Contracts, any option selected must provide for distribution of the
Annuity Account Value within the period of time permitted by the Code. For EDC
Contracts, benefits must be distributed within a period not to exceed 15 years
(or within the period of the life expectancy of the surviving spouse if the
spouse is the designated beneficiary). See "Part 9: Federal Tax and ERISA
Matters."
If a lump sum is selected, it is generally paid through the Equitable Life
Access Account(TM), an interest bearing checking account. A beneficiary has
immediate access to the proceeds by writing a check on the account. We pay
interest from the date the lump sum is deposited into the Access Account until
the date the Access Account is closed.
PROCEEDS
Application of proceeds from the Investment Funds to a variable annuity, payment
of a death benefit from the Investment Funds and payment of any portion of the
Annuity Account Value in the Investment Funds (less any applicable withdrawal
charge) will be made within seven days after the Transaction Date. Payments or
applications of proceeds from the Investment Funds can be deferred for any
period during which (1) the New York Stock Exchange is closed or trading on it
is restricted, (2) sales of securities or determination of the fair value of an
Investment Fund's assets is not reasonably practicable because of an emergency,
or (3) the SEC, by order, permits us to defer payment in order to protect
persons with interests in the Investment Funds. We can defer payment of any
portion of the Annuity Account Value in the Guaranteed Interest Account and in
the Fixed Maturity Account for up to six months while you are living.
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PART 7: DEDUCTIONS AND CHARGES
- --------------------------------------------------------------------------------
ALL CONTRACTS
Most charges applied to your Contract apply to all Investment Options. However,
HRT and EQAT Charges to Portfolios and Charges to Investment Funds do not apply
to the Guaranteed Interest Account or to the Fixed Maturity Account. See
"Allocation of Certain Charges to the Fixed Maturity Account" in this section.
CHARGES TO PORTFOLIOS
Investment advisory fees charged daily against the Trusts' assets, direct
operating expenses of the Trusts (such as trustees' fees, expenses of
independent auditors and legal counsel, bank and custodian charges and liability
insurance), and certain investment-related expenses of the Trusts (such as
brokerage commissions and other expenses related to the purchase and sale of
securities) are reflected in each Portfolio's daily share price. The maximum
investment advisory fees paid annually by the Portfolios cannot be increased
without a vote of that Portfolio's shareholders.
Investment advisory fees are established under investment advisory agreements
between HRT and its investment manager, Alliance, and between EQAT, the Manager
and the EQAT Advisors. All of these fees and expenses are described more fully
in the prospectuses of HRT and EQAT. Since shares are purchased at their net
asset value, these fees and expenses are, in effect, passed on to the Separate
Account and are reflected in the Accumulation Unit Values for the Investment
Funds. The maximum fees are as follows:
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MAXIMUM INVESTMENT
HRT PORTFOLIO ADVISORY FEE (ANNUAL RATE)
- --------------------------------------------------------------------------------
Alliance Money Market 0.350%
Alliance Intermediate Government
Securities 0.500%
Alliance High Yield 0.600%
Alliance Quality Bond 0.525%
Alliance Growth and Income 0.550%
Alliance Equity Index 0.325%
Alliance Common Stock 0.475%
Alliance Global 0.675%
Alliance International 0.900%
Alliance Aggressive Stock 0.625%
Alliance Small Cap Growth 0.900%
Alliance Conservative Investors 0.475%
Alliance Balanced 0.450%
Alliance Growth Investors 0.550%
- --------------------------------------------------------------------------------
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MAXIMUM INVESTMENT
EQAT PORTFOLIO ADVISORY FEE (ANNUAL RATE)
- --------------------------------------------------------------------------------
T. Rowe Price International Stock 0.75%
T. Rowe Price Equity Income 0.55%
EQ/Putnam Growth & Income Value 0.55%
EQ/Putnam Balanced 0.55%
MFS Research 0.55%
MFS Emerging Growth Companies 0.55%
Morgan Stanley Emerging Markets Equity 1.15%
Warburg Pincus Small Company Value 0.65%
Merrill Lynch World Strategy 0.70%
Merrill Lynch Basic Value Equity 0.55%
CHARGES FOR STATE PREMIUM AND OTHER
APPLICABLE TAXES
Currently, we deduct a charge for applicable taxes, such as state or local
premium taxes, from the amount applied to provide an annuity distribution option
if elected. The current tax charge that might be imposed varies by state and
ranges from 0% to 2.25%; however, the rate is 1% in Puerto Rico and 5% in the
Virgin Islands.
We reserve the right to deduct any such charge from each contribution or from
distributions or upon termination. If we have deducted any applicable tax
charges from contributions, we will not deduct a charge for the same taxes at a
later time. If, however, an additional tax is later imposed upon us when you
withdraw, terminate or annuitize, we reserve the right to deduct a charge at
such time.
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EQUI-VEST IRA, QP IRA, SEP, SIMPLE IRA AND
NQ CONTRACTS (SERIES 300 AND 400 ONLY)
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CHARGES TO INVESTMENT FUNDS
We make a daily charge at a guaranteed maximum effective annual rate of 1.35%
against the assets held in each of the Investment Funds. This charge is
reflected in the Accumulation Unit Values for the particular Investment Fund and
covers mortality and expense risk charges of 1.10% and expenses of 0.25%. For a
limited period of time we will charge 0.24% against the assets of the HRT and
EQAT Funds for expenses, except as noted. This period will remain in effect
until further notice. We charge 0.25% against the assets of the Alliance Money
Market, Common Stock, Aggressive Stock, and Balanced Funds.
The mortality and expense risk charge is comprised of 0.60% for mortality risk
and 0.50% for expense risk, although the allocation of these risk charges may
vary. We assume a mortality risk by (a) our obligation to pay a death benefit
that will not be less than the total value of all contributions made (less any
applicable taxes) adjusted for total withdrawals, (b) our obligation to make
annuity payments for the life of the Annuitant under guaranteed fixed annuity
options, regardless of the Annuitant's longevity, (c) our guarantees relating to
annuity purchase rates, the actuarial basis for which can be changed only for
new contributions and only on the fifth anniversary of the Contract Date and
every five years thereafter, and (d) our obligation to waive the contingent
withdrawal charge upon the payment of a death benefit.
The expense risk we assume is the risk that, over time, our actual expense of
administering the Contracts may exceed the amounts realized from the expense
charge and the annual administrative expense charge. Part of the mortality and
expense risk charge may be considered to be an indirect reimbursement for
certain sales and promotional expenses relating to the Contracts to the extent
that the charge is not needed to meet the actual expenses incurred.
The charge for expenses, together with the annual administrative charge
described below, is designed to reimburse us for our costs in providing
administrative services in connection with the Contracts, and is not designed to
include an element of profit.
ANNUAL ADMINISTRATIVE CHARGE
On the last Business Day of each Contract Year, we deduct from the Annuity
Account Value an annual administrative charge equal to the lesser of $30 or 2%
of the Annuity Account Value on such Business Day for the first two Contract
Years, and $30 for each Contract Year thereafter. This charge is deducted on a
pro rata basis from the Investment Funds and the Guaranteed Interest Account,
and from the Fixed Maturity Account should collection from the other Options be
insufficient and we have not been otherwise reimbursed. This charge will be
prorated for a fractional year if, before the end of the Contract Year, you
surrender your Contract, the Annuitant dies or you elect an annuity distribution
option. Accumulation Units will be redeemed in order to pay any portion of the
charge deducted from an Investment Fund. Any portion of the charge deducted from
the Guaranteed Interest Account or Fixed Maturity Account is withdrawn in
dollars.
We reserve the right to increase this charge if our administrative costs
increase, but the charge is guaranteed never to exceed $65 annually, subject to
applicable law. We also reserve the right to eliminate the administrative charge
for IRA, SEP, SARSEP, SIMPLE IRA and NQ Contracts having a minimum Annuity
Account Value of a specified amount currently set at $25,000 for NQ, and $20,000
for the other markets, on the last Business Day of each Contract Year. We also
reserve the right to deduct this charge on a quarterly, rather than annual,
basis.
CONTINGENT WITHDRAWAL CHARGE
No sales charges are deducted from contributions. However, to assist us in
defraying the various sales and promotional expenses incurred in connection with
selling the Contracts, we assess a charge on amounts withdrawn when you make a
partial withdrawal or terminate your Contract if the amount withdrawn is in
excess of the free corridor amount (defined in this section) or if no exception
applies. The amount of the withdrawal and the applicable withdrawal charge are
deducted pro rata from the Investment Funds and the Guaranteed Interest Account
and from the Fixed Maturity Account should collection from the other Options be
insufficient. The amount deducted to pay the withdrawal charge is also subject
to the withdrawal charge.
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EQUI-VEST IRA, QP IRA, SEP, SIMPLE IRA AND NQ CONTRACTS (SERIES 300 AND 400
ONLY) (Continued)
- --------------------------------------------------------------------------------
The contingent withdrawal charge is equal to 6% of the amount attributable to
withdrawn contributions which have been made in the current and five prior
Contract Years. In the case of a termination, we will pay the greater of (i) the
Annuity Account Value after the withdrawal charge has been imposed, as described
above, or (ii) the free corridor amount plus 94% of the remaining Annuity
Account Value. For purposes of calculating the withdrawal charge (1) we treat
contributions as being withdrawn before earnings on a first-in, first-out basis,
and (2) amounts withdrawn up to the free corridor amount are not considered a
withdrawal of contributions. Although we treat contributions as withdrawn before
earnings for purposes of calculating the withdrawal charge, the Federal income
tax law treats earnings on most NQ Contracts as withdrawn first. See "Part 9:
Federal Tax and ERISA Matters."
We reserve the right to change the amount of the contingent withdrawal charge,
provided that it will not exceed 6% of the amount deemed attributable to
withdrawn contributions. Applicable regulations would not permit such a change
where it would be unfairly discriminatory to any person. Moreover, the
withdrawal charge will be reduced if needed in order to comply with any state
law that applies. See New York Contracts -- Fixed Maturity Account in this
section. The tax consequences of withdrawals are discussed under "Part 9:
Federal Tax and ERISA Matters."
Free Withdrawal Amount (Free Corridor)
No withdrawal charge will be applied during any Contract Year in which the
amount withdrawn is less than or equal to 10% of the Annuity Account Value at
the time the withdrawal is requested minus any amount previously withdrawn
during that Contract Year. This 10% portion is called the FREE CORRIDOR AMOUNT.
Any withdrawal requested that exceeds the free corridor amount will be subject
to the contingent withdrawal charge, unless one of the following exceptions
applies.
Exceptions to the Contingent Withdrawal Charge
A contingent withdrawal charge will not apply upon any of the events listed
below.
o the Annuitant dies and a death benefit is payable to the beneficiary, or
o we receive a properly completed election form providing for the Annuity
Account Value to be used to buy a life contingent annuity.
A contingent withdrawal charge will not apply in the following events. However,
we reserve the right to impose a contingent withdrawal charge, in accordance
with your Contract and applicable state law, for preexisting conditions or
conditions which began within 12 months of your Contract Date for these events:
o the Annuitant has qualified to receive Social Security disability benefits
as certified by the Social Security Administration; or
o we receive proof satisfactory to us that the Annuitant's life expectancy is
six months or less (such proof must include, but is not limited to,
certification by a licensed physician); or
o the Annuitant has been confined to a nursing home for more than a 90-day
period (or such other period, if required in your state) as verified by a
licensed physician. A nursing home for this purpose means one which is (a)
approved by Medicare as a provider of skilled nursing care service, or (b)
licensed as a skilled nursing home by the state or territory in which it is
located (it must be within the United States, Puerto Rico, U.S. Virgin
Islands, or Guam) and meets all of the following:
-- its main function is to provide skilled, intermediate, or custodial
nursing care;
-- it provides continuous room and board to three or more persons;
-- it is supervised by a registered nurse or licensed practical nurse;
-- it keeps daily medical records of each patient;
-- it controls and records all medications dispensed; and
-- its primary service is other than to provide housing for residents.
Additionally, a withdrawal charge will not apply to an IRA, QP IRA, SIMPLE IRA,
or SEP Contract upon the following events:
o the Annuitant has completed at least six Contract Years and has attained age
59 1/2; or
o a request is made for a refund of a contribution in excess of amounts
allowed to be contributed under the Code within one month of the date on
which the contribution is made.
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EQUI-VEST IRA, QP IRA, SEP, SIMPLE IRA AND NQ CONTRACTS (SERIES 300 AND 400
ONLY) (Continued)
New York Contracts -- Fixed Maturity Account
For Contracts issued in New York, the contingent withdrawal charge applicable to
contributions to the Fixed Maturity Account (including amounts transferred to
that Account from the other Investment Options) and which are withdrawn from the
Fixed Maturity Account, will never exceed 6%; however, the contingent withdrawal
charge could be lower.
For the Fixed Maturity Account, the contingent withdrawal charge will be the
greater of that determined by applying the New York Declining Scale ("Declining
Scale") and the New York Alternative Scale ("Alternative Scale"), not to exceed
6%. As to the withdrawal of amounts that have been transferred within the Fixed
Maturity Account from one Maturity Period to another, the Alternative Scale is
applied if it produces a higher charge than the Declining Scale.
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DECLINING SCALE ALTERNATIVE SCALE
- --------------------------------------------------------------------------------
Year of Investment in Year of Transfer within
Fixed Maturity Account* Fixed Maturity Acount*
Within Year 1 6% Within Year 1 5%
2 6% 2 4%
3 5% 3 3%
4 4% 4 2%
5 3% 5 1%
6 2% After Year 5 0%
After Year 6 0%
Not to exceed 1% times the number
of years remaining in Maturity
Period, rounded to the higher
number of years. In other words, if
4.3 years remain, it would be a 5%
charge.
- --------------------------------------------------------------------------------
* Measured from the Contract Anniversary Date prior to the date of the
contribution or transfer.
For example, compare the withdrawal charge that would be applicable to a
withdrawal from a Series 400 IRA, QP IRA or NQ Contract that has an Annuity
Account Value of $10,000-$8,000 from contributions made three years ago and
$2,000 from positive investment performance.
o For any contributions withdrawn in the first six years after they are made,
the normal Series 400 withdrawal charge would be $480 (6% of $8,000).
However, if the contributions were made to the Fixed Maturity Account, the
withdrawal charge would be lower. According to the New York Declining Scale
described above, in the third year, the withdrawal charge would be limited
to 5% of the $8,000, or $400.
o Now assume that, although the contributions had been made to the Fixed
Maturity Account three years ago, they were transferred to a new Maturity
Period within the Fixed Maturity Account in the third year, and further
assume that there is exactly one year remaining in the Maturity Period to
which the amounts were transferred. Because there was a transfer within the
Fixed Maturity Account, the New York Alternative Scale may now apply. Based
on this Scale, a contribution that was so transferred will be subject to a
5% withdrawal charge, if withdrawn in the year of the transfer, such charge
not to exceed 1% for each year remaining in the Maturity Period. Since, in
this example, the time remaining is exactly one year, the Alternative Scale
would limit the withdrawal charge to 1%. However, New York regulations allow
that the greater of the Declining Scale or the Alternative Scale is used.
Therefore, the withdrawal charge would be 5%, or $400, based on the
Declining Scale.
o In no event would the contingent withdrawal charge exceed that otherwise
applicable under the Contract; application of the New York Scale can only
result in a lower charge. Thus, if a contribution had been in the Contract
for more than six years and was thus exempt from a withdrawal charge, no
such charge would be applicable.
o For withdrawals from an Investment Option other than the Fixed Maturity
Account, the amount available for withdrawal without a contingent withdrawal
charge is reduced by the amount of contributions in the Fixed Maturity
Account to which no withdrawal charge applies.
o As of any date on which 50% or more of your Annuity Account Value is held in
the Fixed Maturity Account, the free corridor amount is zero.
o If you have not made a prior election for the reinvestment of your Maturity
Amount when it reaches the Expiration Date, such Amount will be reinvested
in whichever Fixed Maturity Period then offered has the nearest Expiration
Date; if no Fixed Maturity Periods are being offered, it will be reinvested
in the Money Market Fund.
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EQUI-VEST IRA, QP IRA, SEP, SIMPLE IRA AND NQ CONTRACTS (SERIES 300 AND 400
ONLY) (Continued)
The potential for the contingent withdrawal charge applicable to withdrawals
from the Fixed Maturity Account to be lower than the otherwise applicable charge
and the potential for the free corridor amount to also be lower than that which
would otherwise apply should be considered in making allocations to, or
transfers to or from, the Fixed Maturity Account.
ALLOCATION OF CERTAIN CHARGES TO THE
FIXED MATURITY ACCOUNT
The annual administration charge and the contingent withdrawal charge will be
deducted from the Guaranteed Interest Account and the Investment Funds, as
discussed above. In the event that amounts in those Options are insufficient to
cover these charges, we reserve the right to deduct those charges from the Fixed
Maturity Periods. Charges applied to the Fixed Maturity Periods are considered
withdrawals and, as such, will result in a market value adjustment. See "Part 5:
The Fixed Maturity Account."
CHARGE ON THIRD PARTY TRANSFER OR EXCHANGE
If you ask us to make a direct transfer to a third party of amounts under your
Contract, or request that your Contract be exchanged for another contract or
certificate issued by another carrier, we deduct from the Annuity Account Value
both a contingent withdrawal charge as described above (if any) and (except for
Series 300 Contracts in Florida) a charge of $25 per occurrence. We reserve the
right to increase this $25 fee to a maximum of $65 for each direct transfer or
exchange.
- --------------------------------------------------------------------------------
ALL EQUI-VEST EDC, TSA AND TRUSTEED CONTRACTS PLUS IRA, QP IRA, SEP,
SIMPLE IRA AND NQ (SERIES 100 AND 200 ONLY)
- --------------------------------------------------------------------------------
LIMITATION ON CHARGES
Under the terms of these Contracts, for the Alliance Money Market, Alliance
Balanced, Alliance Common Stock and Alliance Aggressive Stock Funds, the
aggregate amount of the Separate Account charge made to those Funds, the HRT
charges for investment advisory fees and the direct operating expenses of the
HRT may not exceed a total effective annual rate of 1.75% of the value of the
assets held in those Investment Funds.
CHARGES TO INVESTMENT FUNDS
We make a daily charge against the assets held in each of the Investment Funds.
This charge is reflected in the Accumulation Unit Values for the particular
Investment Fund and covers expenses, expense risks, mortality risks (for the
annuity rate guarantee), death benefits (for the minimum death benefit) and
financial accounting. For the Alliance Money Market, Alliance Balanced and
Alliance Common Stock Funds, the charge is made at an annual rate guaranteed not
to exceed 1.49%. For all other Investment Funds of the HRT and EQAT, the charge
is made at an annual rate guaranteed not to exceed 1.34%.
Specific charges for each series are set forth below:
SERIES 100
- --------------------------------------------------------------------------------
ALLIANCE
MONEY MARKET,
ALLIANCE BALANCED,
ALLIANCE COMMON OTHER
STOCK FUNDS FUNDS
- --------------------------------------------------------------------------------
Expenses .60% .60%
Expense Risks .30 .15
Mortality Risks .30 .30
Death Benefits .05 .05
Financial Accounting .24 .24
- --------------------------------------------------------------------------------
SERIES 200
- --------------------------------------------------------------------------------
ALLIANCE
MONEY MARKET,
ALLIANCE BALANCED,
ALLIANCE COMMON OTHER
STOCK FUNDS FUNDS
- --------------------------------------------------------------------------------
Expenses and Financial
Accounting .25% .25%
Expense Risks .55 .49
Mortality Risks and
Death Benefits .60 .60
- --------------------------------------------------------------------------------
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ALL EQUI-VEST EDC, TSA AND TRUSTEED CONTRACTS PLUS IRA, QP IRA, SEP, SIMPLE IRA
AND NQ (SERIES 100 AND 200 ONLY) (Continued)
The charge for expenses is designed to reimburse us for various research and
development costs and for administrative expenses that exceed the annual
administrative charge described below. The expense risk we assume is the risk
that, over time, our actual administrative expense may exceed the amounts
realized from the expense and the annual administrative expense charges, which
may not be increased. We assume a mortality risk by (a) our obligation to pay a
death benefit that will not be less than the total value of all contributions
made (less any applicable taxes) adjusted for total withdrawals, (b) our
obligation to make annuity payments for the life of the Annuitant, regardless of
the Annuitant's longevity, (c) our guarantees relating to annuity purchase
rates, the actuarial basis for which can be changed only for new contributions
and only on the fifth anniversary of the Contract Date and every five years
thereafter, and (d) our obligation to waive the contingent withdrawal charge
upon the payment of a death benefit. The charge for financial accounting
services is designed to reimburse us for our costs in providing those services
in connection with the Contracts, and, like the charge for expenses, is not
designed to include an element of profit. The total of these charges may be
reallocated among the categories of charges shown above; however, we intend to
limit any possible reallocation to include only the charges for expense risks,
mortality risks and death benefits.
Part of the respective charges for expense risks, mortality risks and death
benefits may be considered to be an indirect reimbursement for certain sales and
promotional expenses relating to the Contracts to the extent that the charges
are not needed to meet the actual expenses incurred.
ANNUAL ADMINISTRATIVE CHARGE
Except as discussed below, on the last Business Day of each Contract Year we
deduct from the Annuity Account Value an annual administrative charge equal to
the lesser of $30 or 2% of the Annuity Account Value on such Business Day
(adjusted to include any withdrawals made during the year). This charge is
deducted from each Investment Option on a pro rata basis. This charge will be
prorated for a fractional year if, before the end of the Contract Year, you
surrender your Contract, the Annuitant dies or you elect an annuity distribution
option. Accumulation Units will be redeemed in order to pay any portion of the
charge deducted from an Investment Fund.
Any portion of the charge deducted from the Guaranteed Interest Account is
withdrawn in dollars.
Exceptions to Annual Administrative Charge
For IRA, QP IRA, NQ, SEP, SIMPLE IRA, Unincorporated Trusteed, and
Annuitant-Owned HR-10 Contracts, the charge is zero if the Annuity Account Value
is at least $10,000 at the end of the Contract Year.
For TSA, EDC and Corporate Trusteed Contracts, the charge is zero if the Annuity
Account Value is at least $25,000 at the end of the Contract Year.
CONTINGENT WITHDRAWAL CHARGE
No sales charges are deducted from contributions. However, to assist us in
defraying the various and promotional expenses incurred in connection with
selling the Contracts, we assess a charge on amounts withdrawn when you make a
partial withdrawal or terminate your Contract if the amount withdrawn is in
excess of the free corridor amount (defined below) or if no exception applies.
The withdrawal charge is deducted pro rata from the Annuity Account Value in
addition to the amount of the requested withdrawal; the amount deducted which is
applied to pay the withdrawal charge is also subject to the withdrawal charge.
Free Withdrawal Amount (Free Corridor)
For NQ, Trusteed, TSA and QP IRA Contracts (but not IRA or QP IRA group
Contracts), no withdrawal charge will be applied during any Contract Year in
which the amount withdrawn is less than or equal to 10% of the Annuity Account
Value at the time the withdrawal is requested minus any amount previously
withdrawn during that Contract Year. This 10% portion is called the FREE
CORRIDOR AMOUNT. For EDC, SEP, SIMPLE IRA and QP IRA Series 100 and 200 group
Contracts, the free corridor amount is available only after three Contract Years
have been completed or the Annuitant has reached age 59 1/2.
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ALL EQUI-VEST EDC, TSA AND TRUSTEED CONTRACTS PLUS IRA, QP IRA, SEP, SIMPLE IRA
AND NQ (SERIES 100 AND 200 ONLY) (Continued)
HOW THE CONTINGENT WITHDRAWAL CHARGE IS APPLIED FOR SERIES 100 AND 200 NQ AND
TRUSTEED CONTRACTS
Partial withdrawals in excess of the free corridor amount will be subject to a
withdrawal charge of 6% of the amount of the contributions made during the
current and five prior Contract Years. In the case of a termination, we will pay
the greater of (i) the Annuity Account Value after the withdrawal charge has
been imposed, as described above and after giving effect to any outstanding loan
balance (including accrued interest), or (ii) the free corridor amount plus 94%
of the remaining Annuity Account Value. For NQ Contracts issued to Annuitants
age 59 or older, this percentage will be 95% in the fifth Contract Year and 96%
in the sixth Contract Year. For Trusteed Contracts issued to Annuitants age 60
or older, this percentage is 95% in the fifth Contract Year. For NQ and Trusteed
group Contracts, there is no reduction in the contingent withdrawal charge for
older Annuitants (referred to above) in the fifth and sixth Contract Year.
For purposes of calculating the withdrawal charge, (1) we treat contributions as
being withdrawn before earnings, on a first-in, first-out basis, and (2) amounts
withdrawn up to the free corridor amount are not considered a withdrawal of any
contributions. Although we treat contributions as withdrawn before earnings for
purposes of calculating the withdrawal charge, the Federal income tax law treats
earnings on most NQ Contracts as withdrawn first. See "Part 9: Federal Tax and
ERISA Matters."
No charge will be applied to any amount withdrawn from an NQ or Trusteed
Contract if:
o the amount withdrawn is applied to the election of a life annuity
distribution option; or
o the Annuitant dies and the death benefit is made available to the
beneficiary.
No charge will be applied to any amount withdrawn from a Trusteed Contract if:
o the Owner has completed at least five Contract Years and the Annuitant has
reached age 59 1/2; or
o a request is made for a refund of an excess contribution within one month of
the date on which the contribution is made.
No charge will be applied to any amount withdrawn from a Corporate Trusteed
Contract if the Annuitant has reached age 59 1/2 and has either retired or
terminated employment, regardless of the number of completed Contract Years.
HOW THE CONTINGENT WITHDRAWAL CHARGE IS APPLIED FOR SERIES 100 AND 200 IRA, SEP,
SIMPLE IRA, TSA, EDC AND ANNUITANT-OWNED HR-10 CONTRACTS
Withdrawals under these Contracts and defaulted loan amounts under TSA Contracts
(in excess of the free corridor amount, if applicable) may be subject to a
charge of up to 6% of the amount withdrawn or the defaulted loan amount, as the
case may be. The percentage charged will be based on the Contract Year in which
the withdrawal is made, as shown at right:
Contract
Year(s) Charge
-----------------------------------------------
1 through 5 6%*
6 through 8 5
9 4
10 3
11 2
12 1
13 and later 0
* This percentage will be reduced to 5% for Contracts issued to Annuitants
under individual Contracts only, in year 5, if age 60 or older.
The total of all withdrawal charges assessed will not exceed 8% of all
contributions made during the current Contract Year and the nine prior Contract
Years before the withdrawal is made.
No charge will be applied to any amount withdrawn from an IRA, QP IRA, SEP,
SIMPLE IRA, TSA, EDC or Annuitant-Owned HR-10 (except for NQ and Trusteed
Contracts) Contract if:
o the Contract Owner has completed at least five Contract Years and the
Annuitant has reached age 59 1/2 ;
o a request is made for a refund of an excess contribution within one month of
the date on which the contribution is made;
o the Annuitant dies and the death benefit is made available to the
beneficiary;
o the Contract Owner has completed at least five Contract Years, the Annuitant
has reached age 55 and the amount withdrawn is used to purchase from us a
period certain annuity that extends beyond the Annuitant's age 59 1/2 and
allows no prepayment;
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ALL EQUI-VEST EDC, TSA AND TRUSTEED CONTRACTS PLUS IRA, QP IRA, SEP, SIMPLE IRA
AND NQ (SERIES 100 AND 200 ONLY) (Continued)
o the Contract Owner has completed at least three Contract Years and the
amount withdrawn is used to purchase from us a period certain annuity for a
term of at least 10 years that allows no prepayment;
o the amount withdrawn is applied to the election of a life contingent annuity
distribution option (this form of payment is not available for Annuitants in
governmental EDC plans in New York);
o the amount withdrawn is applied to the election of a period certain annuity
of at least 15 years, but not in excess of the Annuitant's life expectancy,
that allows no prepayment (this provision is available only for Annuitants
in governmental EDC plans in New York).
No charge will be applied to any amount withdrawn from a TSA Contract if:
o the Contract Owner has completed at least five Contract Years, has reached
age 55 and has separated from service.
No charge will be applied to any amount withdrawn from a SEP Contract funding
SARSEP arrangements if:
o the amount withdrawn is a distribution of deferrals disallowed (plus or
minus any gain or loss) by reason of the employer's failure to meet the
Code's requirement that 50% of eligible employees elect SARSEP within the
plan year and the request for withdrawal is made by the April 15th of the
calendar year following the calendar year in which you were notified of such
disallowance; or
o the amount withdrawn is an "excess contribution" (as such term is defined in
Section 408(k)(6)(C)(ii) of the Code), plus or minus any gain or loss, and
the request for withdrawal is made by the April 15th of the calendar year
following the calendar year in which the excess contributions were made; or
o the amount withdrawn is an "excess deferral" (as such term is defined in
Section 402(g)(2) of the Code), plus or minus any gain or loss, and the
request for withdrawal is made by the April 15th of the calendar year
following the calendar year in which such excess deferrals were made.
We reserve the right to reduce or eliminate the withdrawal charge in certain
cases, including transfers to an IRA or QP IRA from another EQUI-VEST Contract.
In no event would such reduction or elimination be permitted where it would be
unfairly discriminatory to any person.
The tax consequences of withdrawals are discussed under "Part 9: Federal Tax and
ERISA Matters."
As a result of regulations which apply to EDC plans of governmental employers in
New York (NY EDC PLANS), EQUI-VEST Contracts which fund New York EDC Plans
contain special provisions which apply to all NY EDC Plans whose EQUI-VEST
funding arrangements became effective or were renewed on or after July 1, 1989.
These provisions permit the automatic termination of all Contracts issued in
connection with a NY EDC Plan five years after the effective date (or any
renewal date) of its EQUI-VEST funding arrangement without the deduction of any
contingent withdrawal charges. If agreed to by the employer and us, the period
may be shorter than five years. A decision to permit the automatic termination
of all Contracts would result in the transfer of each Contract's Annuity Account
Value to a successor funding vehicle designated by the employer.
The employer sponsoring a NY EDC Plan can renew the EQUI-VEST funding
arrangement in a written notice to us which includes a certification of
compliance with procedures under the applicable regulations. We are not
responsible for the validity of any certification by the employer. A written
notice to transfer must be received at our Processing Office and accepted by us
not later than seven days before the date on which a transfer is to occur. If an
employer fails to notify us in writing as to a transfer of the NY EDC
arrangement, or as to its intention not to renew, we will continue the
arrangement and associated contracts will not be automatically terminated.
No further investment experience, whether positive or negative, will be credited
under a NY EDC Plan Contract once the Contract terminates. As with other
tax-favored retirement programs in which the funding is affected by actions of a
sponsoring employer, we are not required to provide Annuitants with information
relating to an employer's decision to exercise any termination right.
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- --------------------------------------------------------------------------------
PART 8: VOTING RIGHTS
- --------------------------------------------------------------------------------
HRT AND EQAT VOTING RIGHTS
As explained previously, contributions allocated to the Investment Funds are
invested in shares of the corresponding Portfolios of HRT or EQAT. Since we own
the assets of the Separate Account, we are the legal owner of the shares and, as
such, have the right to vote on certain matters. Among other things, we may
vote:
o to elect each trust's Board of Trustees,
o to ratify the selection of independent auditors for each trust, and
o on any other matters described in each Trust's current prospectus or
requiring a vote by shareholders under the 1940 Act.
Because HRT is a Massachusetts business trust, and EQAT is a Delaware business
trust, annual meetings are not required. Whenever a shareholder vote is taken,
we will give Contract Owners and Employers, if appropriate, the opportunity to
instruct us how to vote the number of shares attributable to their Contracts. If
we do not receive instructions in time from all Contract Owners and Employers,
if appropriate, we will vote the shares of a Portfolio for which no instructions
have been received in the same proportion as we vote shares of that Portfolio
for which we have received instructions. We will also vote any shares that we
are entitled to vote directly because of amounts we have in an Investment Fund
in the same proportions that Contract Owners vote.
Each share of each trust is entitled to one vote. Fractional shares will be
counted. Voting generally is on a Portfolio-by-Portfolio basis except that
shares will be voted on an aggregate basis when universal matters, such as
election of Trustees and ratification of independent auditors, are voted upon.
However, if the Trustees determine that shareholders in a Portfolio are not
affected by a particular matter, then such shareholders generally would not be
entitled to vote on that matter.
VOTING RIGHTS OF OTHERS
Currently, we control each trust. EQAT shares currently are sold only to our
separate accounts. HRT shares are held by other separate accounts of ours and by
insurance companies affiliated and unaffiliated with us. Shares held by these
separate accounts will probably be voted according to the instructions of the
owners of insurance policies and contracts issued by those insurance companies.
While this will dilute the effect of the voting instructions of Contract Owners,
we currently do not foresee any disadvantages arising out of this. HRT's Board
of Trustees intends to monitor events in order to identify any material
irreconcilable conflicts that possibly may arise and to determine what action,
if any, should be taken in response. If we believe that HRT's response to any of
those events insufficiently protects our Contract Owners, we will see to it that
appropriate action is taken to protect our Contract Owners.
SEPARATE ACCOUNT VOTING RIGHTS
If actions relating to the Separate Account require Contract Owner approval,
Contract Owners will be entitled to one vote for each Accumulation Unit they
have in the Investment Funds. We will cast votes attributable to any amounts we
have in the Investment Funds in the same proportion as votes cast by Contract
Owners.
CHANGES IN APPLICABLE LAW
The voting rights we describe in this prospectus are created under applicable
Federal securities laws. To the extent that those laws or the regulations
promulgated under those laws eliminate the necessity to submit matters for
approval by persons having voting rights in separate accounts of insurance
companies, we reserve the right to proceed in accordance with those laws or
regulations.
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PART 9: FEDERAL TAX AND ERISA MATTERS
- --------------------------------------------------------------------------------
ANNUITIES
This prospectus briefly describes our understanding of the current Federal
income tax rules that apply to an annuity purchased only with after-tax dollars
(non-qualified annuity) and some of the special tax rules that apply to an
annuity purchased to fund a tax-favored retirement program (qualified annuity).
A qualified annuity includes Trusteed and Annuitant-Owned HR-10 Contracts
purchased for a "qualified plan" (a plan qualified under Section 401(a) of the
Code) or TSA, IRA, QP IRA, SEP, SIMPLE IRA or EDC Contracts. Rights and benefits
of the Annuitant under an annuity purchased to fund a tax-favored retirement
program may be restricted in order to qualify for its special treatment under
Federal tax law.
Additional tax information appears in the SAI. This prospectus and the SAI do
not provide detailed tax information and do not address state and local income
and other taxes, or federal gift and estate taxes. Not every Contract has every
feature discussed in this section. Please consult a tax adviser when considering
the tax aspects of your Contract.
TAXATION OF NON-QUALIFIED ANNUITIES
Equitable has designed the EQUI-VEST Contract to qualify as an "annuity" for
purposes of Federal income tax law.
Gains in the Annuity Account Value of the Contract generally will not be taxable
to an individual until a distribution occurs, either by a withdrawal of part or
all of its value or as a series of periodic payments. However, there are some
exceptions to these rules: (1) if a Contract fails investment diversification
requirements; (2) if an individual transfers a Contract as a gift to someone
other than a spouse (or divorced spouse), any gain in its Annuity Account Value
will be taxed at the time of transfer; (3) the assignment or pledge of any
portion of the value of a Contract will be treated as a distribution of that
portion of the Contract; and (4) when an insurance company (or its affiliate)
issues more than one non-qualified deferred annuity contract during any calendar
year to the same taxpayer, the contracts are required to be aggregated in
computing the taxable amount of any distribution.
Aggregation is required only for the purpose of figuring out the taxable amount
on any distribution including surrenders, from one or more linked contracts. For
this reason, your tax report on Form 1099R may indicate a different taxable
amount than you may have originally anticipated.
Corporations, partnerships, trusts and other non-natural persons generally
cannot defer the taxation of current income credited to the Contract unless an
exception under the Code applies.
Prior to the annuity starting date, any partial withdrawals are taxable to the
Contract Owner to the extent that there has been a gain in the Annuity Account
Value. The balance of the distribution is treated as a return of the
"investment" or "basis" in the Contract and is not taxable. Generally, the
investment or basis in the Contract equals the contributions made less any
amounts previously withdrawn which were not taxable.
If you surrender your Contract, the distribution is taxable to the extent it
exceeds the investment in the Contract.
Once annuity payments begin, a portion of each payment is considered to be a
tax-free return of investment based on the ratio of the investment to the
expected return under the Contract. The remainder of each payment will be
taxable. Note that multiple contracts may be required to be aggregated for
purposes of this calculation. In the case of a variable annuity, special rules
apply if the payments received in a year are less than the amount permitted to
be recovered tax-free. After the total investment has been recovered, future
payments are fully taxable. If payments cease as a result of death, a deduction
for any unrecovered investment will be allowed.
The taxable portion of a distribution is treated as ordinary income and is
subject to income tax withholding. See "Federal and State Income Tax
Withholding" in this section. In addition, a penalty tax of 10% applies to the
taxable portion of a distribution unless the distribution is (1) made on or
after the date the taxpayer attains age 59 1/2, (2) made on or after the death
of the Contract Owner, (3) attributable to the disability of the taxpayer, (4)
part of a series of substantially equal periodic payments for the life (or life
expectancy period) of the taxpayer or
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the joint lives (or joint life expectancy period) of the taxpayer and a
beneficiary, or (5) with respect to income allocable to amounts contributed to
an annuity contract prior to August 14, 1982 which are transferred to the
Contract in a tax-free exchange.
If, as a result of the Annuitant's death, the beneficiary is entitled to receive
the death benefit described in Part 6, the beneficiary is generally subject to
the same tax treatment as the Contract Owner (discussed above), had the Contract
Owner surrendered the Contract.
If the beneficiary elects to take the death benefit in the form of a life income
or installment option, the election should be made within 60 days after the day
on which a lump sum death benefit first becomes payable and before any benefit
is actually paid. The tax computation will reflect the Contract Owner's
investment in the Contract.
Special distribution requirements apply upon the death of the owner of a
non-qualified annuity. That is, in the case of a contract where the owner and
annuitant are different, even though the annuity contract could continue because
the annuitant has not died, Federal tax law requires that the person who
succeeds as owner of the contract take distribution of the contract within a
specified period of time, unless such owner is the spouse.
SPECIAL RULES FOR TAX-FAVORED RETIREMENT PROGRAMS
An annuity contract may be used to fund certain employer-sponsored retirement
programs.
The Code describes how a retirement program can qualify for tax-favored status
and sets requirements for various features, including: participation,
nondiscrimination, vesting and funding; limits on contributions, distributions
and benefits; penalties; and withholding, reporting and disclosure. This section
provides a brief description of the various tax-favored retirement programs
which can be funded through EQUI-VEST. Certain tax advantages of a tax-favored
retirement program may not be available under state and local tax laws.
TAX-QUALIFIED RETIREMENT PLANS (QUALIFIED PLANS)
Corporations, partnerships and self-employed individuals can establish qualified
plans for the working owners and their employees who participate in the plan.
Both employer and employee contributions to these plans are subject to a variety
of limitations, some of which are discussed here briefly. See your tax adviser
for more information. Violation of contribution limits may result in plan
disqualification and/or imposition of monetary penalties.
The annual limit of employer and employee contributions (as defined in Section
415(c) of the Code) which may be made on behalf of an employee to all of the
defined contribution plans of an employer is the lesser of $30,000 or 25% of
compensation or earned income. In calculating contributions to the plan, the law
requires that compensation or earned income of more than $150,000, as adjusted
from time to time for cost of living changes, cannot be considered. In 1997 this
compensation limit is $160,000. Any reallocated forfeitures and voluntary
nondeductible employee contributions will generally be included for purposes of
the contribution limit.
Salary reduction contributions made under a cash or deferred arrangement (401(K)
PLAN) are limited to $7,000, as adjusted from time to time for cost of living
changes. In 1997, the annual dollar limit on these "elective deferrals" is
$9,500. This limit applies to the aggregate of all elective deferrals under all
tax-favored plans in which the individual participates, for example, also
including those made under EDC plans and TSAs. Effective for plan years
beginning after December 31, 1997, the formula for determining the overall
limits on contributions and benefits will include compensation in the form of
elective deferrals and excludable contributions under EDC plans and "cafeteria"
plans giving employees a choice between cash or excludable benefits.
Special limits on contributions apply to anyone who participates in more than
one qualified plan or who controls another trade or business. There is also an
overall limit on the total amount of contributions and benefits under all
tax-favored retirement programs in which a person participates.
In certain cases a Contract may be funded by a tax-deferred rollover or trustee
transfer contribution not subject to the above limits.
Qualified plans must not discriminate in favor of highly compensated employees.
In addition, special "top heavy" rules apply to plans where more than 60% of the
contributions or benefits are allocated to certain highly compensated employees
known as "key employees." Determination of compliance with both
nondiscrimination and top heavy rules requires various tests. Beginning in 1997,
certain 401(k) plans can adopt a "SIMPLE 401(k)" feature which will enable the
plan to meet nondiscrimination requirements without testing. The SIMPLE 401(k)
feature requires the 401(k) plan to meet specified contribution, vesting, and
exclusive plan requirements, similar to those discussed in this
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part under "Savings Incentive Match Plan (SIMPLE IRAs)".
TAX-SHELTERED ANNUITY ARRANGEMENTS (TSAS)
General
An employee of an employer which is either (i) an organization described in
Section 501(c)(3) of the Code which is exempt from Federal income tax under
Section 501(a) of the Code or (ii) a state, political subdivision of a state, or
an agency or instrumentality of any one or more of these entities (but only
where the employee performs services for an educational organization described
in Section 170(b)(1)(A)(ii) of the Code) may exclude from Federal gross income
for a tax year contributions made by the employer to a TSA Contract.
An employer eligible to maintain a TSA ("403(b) plan") program for its employees
may make contributions to an annuity contract purchased for the benefit of the
employee. These annuity contributions, if properly made, will not be treated as
currently taxable compensation to the employee. Moreover, the employee will not
be taxed on the earnings in the annuity until distributions are taken.
Two different types of employers are eligible to maintain 403(b) programs:
public schools and specified tax-exempt organizations under Section 501(c)(3) of
the Code.
Contributions to TSAs
Annual contributions to TSAs made through the employer's payroll are limited.
Commonly, some or all of the contributions made to the TSA are made under a
salary reduction agreement between the employee and the employer. These
contributions are called "salary reduction" or "elective deferral" contributions
and are generally limited to no more than $9,500 a year. Note, however, that the
maximum salary reduction contribution that may be made by an annuitant who
participates both in a TSA arrangement and an EDC plan will be limited to the
maximum allowed under Code Section 457 (i.e., generally $7,500). However, a TSA
can also be wholly or partially funded through nonelective employer
contributions or after-tax employee contributions, although all contracts may
not permit this. Generally, the contribution limit is the lowest of the
following: (i) the annual exclusion allowance for the employee (20% of
includable compensation times years of service less previous contributions to
qualified plans, TSAs and EDC plans), (2) the annual limit on employer
contributions to defined contribution plans and (3) the annual limit on all
elective deferrals. Items 2 and 3 are discussed in "Tax Qualified Retirement
Plans (Qualified Plans)," above.
Note that excess deferrals which are not withdrawn by April 15 following the
year of the deferral may cause the contract to fail to be treated as a TSA.
Special provisions may allow "catch-up" contributions to compensate for smaller
contributions made in previous years.
Tax-free transfer or rollover contributions from another TSA arrangement are not
subject to the above limits.
DISTRIBUTIONS FROM QUALIFIED PLANS AND TSAS
Amounts held under qualified plans and TSAs are generally not subject to Federal
income tax until benefits are distributed. Generally, amounts distributed are
fully taxable as ordinary income. For rules requiring 20% Federal income tax
withholding applicable to certain distributions from qualified plans or TSAs,
see "Federal and State Income Tax Withholding" in this section. In addition,
qualified plan and TSA distributions may be subject to additional tax penalties.
For information regarding tax penalties which may apply, see "Penalty Tax on
Early Distributions" and "Tax Penalties for Insufficient Distributions" later in
this section. The SAI contains additional information about qualified plan
distributions.
Loans may be made from a qualified plan or TSA plan, which permits them, without
being treated as a distribution. However, if the amount of the loan exceeds
permissible limits under the Code when made, the amount of the excess is treated
(solely for tax purposes) as a taxable distribution. Additionally, if the loan
is not repaid at least quarterly, amortizing interest and principal, the amount
not repaid when due will be treated as a taxable distribution. Under Proposed
Treasury Regulations which are not yet effective, the IRS would require the
entire unpaid balance of the loan to be includable in income in the year of the
default. See the discussion in Part 6 under "Loans (for TSA and Corporate
Trusteed Only)," and the discussion below for additional rules covering loans.
In certain cases, direct transfers between TSA issuers are not treated as
taxable distributions. A tax-deferred rollover, if permitted, can also postpone
taxation. See "Tax-Free Rollover," in this section.
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If a Contract is surrendered for its value, the distribution is taxable to the
extent the amount received exceeds the basis (if any). A taxpayer will have a
basis in the Contract if, for example, after-tax contributions have been made.
The amount of any partial distribution from a qualified plan or a TSA prior to
the annuity starting date is generally taxable, except to the extent that the
distribution is treated as a withdrawal of after-tax contributions.
Distributions are normally treated as pro rata withdrawals of after-tax
contributions and earnings on those contributions.
If an annuity distribution option is elected, any basis will be recovered as
each payment is received by dividing the investment in the contract by an
expected return determined under an IRS table prescribed for qualified
annuities. The amount of each payment not excluded from income under this
exclusion ratio is fully taxable. The full amount of the payments received after
the cost basis of the annuity is recovered is fully taxable. If the participant
dies before recovering basis and there is a refund feature under the annuity,
the beneficiary of the refund may recover the remaining cost basis as payments
are made. If the participant (and beneficiary under a joint and survivor
annuity) die prior to recovering the full cost basis of the annuity, a deduction
is allowed on the participant's (or beneficiary's) final tax return.
Distributions from qualified plans (but not TSAs) may be eligible for the
special tax treatment accorded lump sum distributions (favorable five-year
averaging, and in certain cases, favorable ten-year averaging and long-term
capital gain treatment). This treatment is not available unless the balance to
the credit of a plan participant who has participated in the plan for at least
five years prior to the distribution year is paid to the recipient within one
taxable year, and is payable (i) after the participant attains age 59 1/2 or
(ii) on account of the participant's (a) death, (b) separation from service (not
applicable to self-employed individuals), or (c) disability (applicable only to
self-employed individuals). Five year averaging will be eliminated effective
January 1, 2000.
The rules governing taxation of distributions made on account of the death of
the Annuitant in a qualified plan or TSA are similar to those governing death
benefit distributions in non-qualified annuities. See "Taxation of Non-Qualified
Annuities," above. In some instances, distributions from a qualified plan or TSA
made to a surviving spouse may be rolled over to an IRA or other individual
retirement arrangement on a tax-deferred basis. See "Tax-Free Rollover," and
"Tax-Qualified Individual Retirement Annuities (IRAs)," in this section.
TAX-FREE ROLLOVER
Any distribution from a qualified plan or a TSA which is an "eligible rollover
distribution" may be rolled over into another eligible retirement plan, either
as a direct rollover or a rollover within 60 days of receiving the distribution.
To the extent a distribution is rolled over, it remains tax deferred.
A distribution from a qualified plan may be rolled over to another qualified
plan which will accept rollover contributions or an individual retirement
arrangement; a TSA distribution may be rolled over to another TSA or individual
retirement arrangement. Death benefits received by a spousal beneficiary may
only be rolled over to an IRA.
The taxable portion of most distributions will be eligible for rollover, except
as specifically excluded under the Code. Distributions which cannot be rolled
over generally include periodic payments for life or for a period of 10 years or
more, and minimum distributions required under Section 401(a)(9) of the Code
(discussed in this section). Eligible rollover distributions are discussed in
greater detail under "Federal and State Income Tax Withholding," in this
section.
MINIMUM DISTRIBUTIONS
The minimum distribution rules mandate qualified retirement plan and TSA
participants to start taking annual distributions from their retirement plans by
a required date. When minimum distributions must begin depends on, among other
things, the individual's age and retirement status. The distribution
requirements are designed to use up the participant's interest in the plan over
the individual's life expectancy. Whether the correct amount has been
distributed is calculated on a year-by-year basis; there are no provisions to
allow amounts taken in excess of the required amount to be carried over or
carried back and credited to other years.
Generally, an individual must take the first required minimum distribution with
respect to the calendar year in which the individual turns age 70 1/2.
Exceptions which may permit an individual to delay commencement of required
minimum distribution are noted in the next paragraphs. The individual has the
choice to take the first required minimum distribution during the calendar year
he or she turns age 70 1/2, or to delay taking it until the three month (January
1-April 1) period in the next calendar year. Distributions must commence no
later than the "Required Beginning Date," which is
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the April 1st of the calendar year following the calendar year in which the
individual turns age 70 1/2 (unless an exception applies.) If the individual
chooses to delay taking the first annual minimum distribution, then the
individual will have to take two minimum distributions in that year that follows
attainment of age 70 1/2 -- the delayed one for the first year and the one
actually for that year. Once minimum distributions begin, they must be taken
each year thereafter.
Some individuals may be entitled to delay commencement of required minimum
distributions for all or part of their account balance until after age 70 1/2.
Consult your tax adviser to determine whether you may qualify for these
exceptions. These individuals are as follows:
o For qualified plan and TSA participants who have not retired from service
with the employer sponsoring the plan or TSA arrangement in question by the
calendar year the participant turns age 70 1/2, the Required Beginning Date
for minimum distributions is extended to April 1 following the calendar
year of such retirement. (This delay does not apply to 5% owners of
qualified plans; the regular rules apply even if the 5% owner still works.)
o TSA plan participants may also delay commencement to age 75 of the portion
of their Annuity Account Value attributable to their December 31, 1986 TSA
account balance, even if retired at age 70 1/2. (If you have directly
transferred amounts from another insurer's TSA to your EQUI-VEST TSA, you
must tell us at the time of the transfer the amount of your December 31,
1986 account balance to take advantage of this exception.)
There are two general ways to take minimum distributions "account-based" or
"annuity-based" and there are a number of distribution options in both of these
categories. These choices are intended to give individuals a great deal of
flexibility to provide for themselves and their families.
You should discuss with your tax adviser which minimum distribution options are
best for your own personal situation. Individuals who are participants in more
than one tax-favored retirement plan may be able to choose different
distribution options for each plan.
Generally, the minimum distribution must be calculated annually for, and taken
from, each tax qualified retirement plan and TSA. Distributions in excess of the
amount required in any year from a qualified plan, for example, will not satisfy
the required amount for a TSA the individual also participates in. In Notice
88-38, the IRS indicated that an individual maintaining more than one Code
Section 403(b) arrangement may choose to take the annual required minimum
distribution for all TSAs from any one or more TSAs the individual maintains, as
long as the required distribution is calculated separately for each TSA and all
the minimum distribution amounts are added together.
An account-based minimum distribution method may be a lump sum payment, or a
periodic withdrawal made over a period which does not extend beyond the
individual's life expectancy or the joint life expectancies of the individual
and a designated beneficiary. In the alternative, an individual could meet the
minimum distribution requirements by applying the Annuity Account Value to an
annuity over the individual's life or the joint lives of the individual and a
designated beneficiary, or over a period certain not extending beyond applicable
life expectancies.
If an individual dies before the Required Beginning Date or before distributions
in the form of an annuity begin, distributions of the entire interest under the
contract must be completed within five years after death, unless payments to a
designated beneficiary begin within one year of the Annuitant's death and are
made over the beneficiary's life or over a period certain which does not extend
beyond the Beneficiary's life expectancy. If the surviving spouse is the
designated beneficiary, the spouse may delay the commencement of such payments
up until the individual would have attained age 70 1/2. In the alternative, such
spouse can roll over the death benefit to an IRA. See "Tax-Free Rollover" above.
If an individual dies after the Required Beginning Date or after distributions
in the form of an annuity have begun, payments after death must continue to be
made at least as rapidly as the payments made before the death of the Annuitant.
Distributions received by a beneficiary are generally given the same tax
treatment the Annuitant would have received if distribution had been made to the
Annuitant.
LIMITATIONS ON DISTRIBUTIONS
Restrictions apply to the salary reduction (elective deferral) portion of a TSA
or 401(k) program, including both contributions and earnings. Distributions of
restricted salary reduction amounts generally may be made only if the Annuitant
attains age 59 1/2, dies, is disabled, separates from service or on account of
financial hardship. Hardship withdrawals are limited to the amount actually
contributed under a salary reduction agreement, without earnings. These
restrictions do not apply to the
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amount of your TSA Contract as of December 31, 1988 attributable to salary
reduction contributions and earnings (or to the extent such amount is properly
carried over from an existing TSA to an EQUI-VEST TSA Contract). To take
advantage of this grandfathering you must properly notify us in writing at our
Processing Office of your December 31, 1988 account balance if you have
qualifying amounts transferred to your TSA Contract.
SPOUSAL CONSENT RULES
In the case of many qualified plans and certain TSAs, if an Annuitant is married
at the time a loan, withdrawal, or other distribution is requested under the
Contract, spousal consent is required. In addition, unless the Annuitant elects
otherwise with the written consent of the spouse, the retirement benefits
payable under the plan or arrangement must be paid in the form of a "qualified
joint and survivor annuity" (QJSA). A QJSA is an annuity payable for the life of
the Annuitant with a survivor annuity for the life of the spouse in an amount
which is not less than one-half of the amount payable to the Annuitant during
his or her lifetime. In addition, a married Annuitant's beneficiary must be the
spouse, unless the spouse consents in writing to the designation of a different
beneficiary.
TAX-QUALIFIED INDIVIDUAL RETIREMENT
ANNUITIES (IRAS)
Your Contract is designed to qualify as an IRA under Section 408(b) of the Code.
Your rights under the Contract cannot be forfeited.
This prospectus contains the information which the IRS requires to be disclosed
to an individual before he or she purchases an IRA. This section of Part 9
covers some of the special tax rules that apply to individual retirement
arrangements. You should be aware that an IRA is subject to certain restrictions
in order to qualify for its special treatment under the Federal tax law.
Further information on IRA tax matters can be obtained from any IRS district
office. Additional information regarding IRAs, including a discussion of
required distributions, can be found in Internal Revenue Service Publication
590, entitled "Individual Retirement Arrangements (IRAs)," which is generally
updated annually.
We have received favorable opinion letters from the IRS approving the forms of
the individual Contract and group certificates for all EQUI-VEST Contracts as an
IRA. Such IRS approval is a determination only as to the form of the annuity and
does not represent a determination of the merits of the annuity as an
investment. The Contract is also subject to certain state regulatory
requirements.
CANCELLATION
You can cancel a Contract issued as an IRA by following the directions in Part 1
under "10-Day Free Look." Since there may be adverse tax consequences if a
Contract is canceled (and because we are required to report to the IRS certain
IRA distributions from canceled IRAs), you should consult with a tax adviser
before making any such decision.
CONTRIBUTIONS TO IRAS
Individuals may make three different types of contributions to purchase an IRA,
or as later additions to an existing IRA: "regular" contributions out of
earnings, tax free "rollover" contributions from tax-qualified plans, or direct
custodian-to-custodian transfers from other individual retirement arrangements
("direct transfers"). See "Contributions under the Contracts" in Part 6. The
immediately following discussion relates to "regular" IRA contributions.
Transfer and rollover contributions are discussed in this section under
"Tax-Free Transfers and Rollovers."
Generally, $2,000 is the maximum amount of deductible and nondeductible
contributions which may be made to all IRAs by an individual in any taxable
year. The above limit may be less where the individual's earnings are below
$2,000. This limit does not apply to rollover or direct transfer contributions
into an IRA.
If the individual's spouse does not work or elects to be treated as having no
compensation, the individual and the individual's spouse may contribute up to
$4,000 to individual retirement arrangements (but no more than $2,000 to any one
individual retirement arrangement). The non-working spouse owns his or her
individual retirement arrangements, even if the working spouse makes
contributions to purchase the spousal individual retirement arrangements.
The amount of IRA contribution for a tax year that an individual can deduct
depends on whether the individual (or the individual's spouse, if a joint return
is filed) is covered by an employer-sponsored tax-favored retirement plan
(including a qualified plan, TSA, SIMPLE IRA, or SEP, but not an EDC plan). If
neither the individual nor the individual's spouse is covered during any part of
the taxable year by such a plan, then regardless of adjusted gross income (AGI),
each working spouse may make a deductible contribution to an IRA for each tax
year (MAXIMUM PERMISSIBLE DOLLAR DEDUCTION) up to the lesser of $2,000 or 100%
of compensation.
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In certain cases, individuals covered by a tax-favored retirement plan include
persons eligible to participate in the plan although not actually participating.
Whether or not a person is covered by a retirement plan will be reported on an
employee's Form W-2.
If the individual is single and covered by such a plan during any part of the
taxable year, the deduction for IRA contributions phases out with AGI between
$25,000 and $35,000. If the individual is married and files a joint return, and
either the individual or the spouse is covered by such a plan during any part of
the taxable year, the deduction for IRA contributions phases out with AGI
between $40,000 and $50,000. If the individual is married, files a separate
return and is covered by a tax-favored retirement plan during any part of the
taxable year, the IRA deduction phases out with AGI between $0 and $10,000.
Married individuals filing separate returns must take into account the
retirement plan coverage of the other spouse, unless the couple has lived apart
for the entire taxable year. If AGI is below the phase-out range, an individual
is entitled to the Maximum Permissible Dollar Deduction. In computing the
partial IRA deduction the individual must round the amount of the deduction to
the nearest $10. The permissible deduction for IRA contributions is a minimum of
$200 if AGI is less than the amount at which the deduction entirely phases out.
If the individual (or the individual's spouse, unless the couple has lived apart
the entire taxable year and their filing status is married, filing separately)
is covered by a tax-favored retirement plan, the deduction for IRA contributions
must be computed using one of two methods. Under the first method, the
individual determines AGI and subtracts $25,000 if the individual is a single
person, $40,000 if the individual is married and files a joint return with the
spouse, or $0 if the individual is married and files a separate return. The
resulting amount is the individual's Excess AGI. The individual then determines
the limit on the deduction for IRA contributions using the following formula:
$10,000-Excess AGI x Maximum Permissible
= Adjusted Dollar
$10,000 Dollar Deduction Deduction Limit
Under the second method, the individual determines his or her Excess AGI and
then refers to the following chart originally prepared by the IRS to determine
the deduction.
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IRS Chart
- --------------------------------------------------------------------------------
ESTIMATED DEDUCTION TABLE
If your Maximum Permissible Dollar Deduction is $2,000, use this table to
estimate the amount of your contribution which will be deductible.
<TABLE>
<CAPTION>
EXCESS AGI DEDUCTION EXCESS AGI DEDUCTION EXCESS AGI DEDUCTION EXCESS AGI DEDUCTION
- ------------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C> <C>
$ 0 $2,000 $2,550 $1,490 $5,050 $990 $ 7,550 $490
50 1,990 2,600 1,480 5,100 980 7,600 480
100 1,980 2,650 1,470 5,150 970 7,650 470
150 1,970 2,700 1,460 5,200 960 7,700 460
200 1,960 2,750 1,450 5,250 950 7,750 450
250 1,950 2,800 1,440 5,300 940 7,800 440
300 1,940 2,850 1,430 5,350 930 7,850 430
350 1,930 2,900 1,420 5,400 920 7,900 420
400 1,920 2,950 1,410 5,450 910 7,950 410
450 1,910 3,000 1,400 5,500 900 8,000 400
500 1,900 3,050 1,390 5,550 890 8,050 390
550 1,890 3,100 1,380 5,600 880 8,100 380
600 1,880 3,150 1,370 5,650 870 8,150 370
650 1,870 3,200 1,360 5,700 860 8,200 360
700 1,860 3,250 1,350 5,750 850 8,250 350
750 1,850 3,300 1,340 5,800 840 8,300 340
800 1,840 3,350 1,330 5,850 830 8,350 330
850 1,830 3,400 1,320 5,900 820 8,400 320
900 1,820 3,450 1,310 5,950 810 8,450 310
950 1,810 3,500 1,300 6,000 800 8,500 300
1,000 1,800 3,550 1,290 6,050 790 8,550 290
1,050 1,790 3,600 1,280 6,100 780 8,600 280
1,100 1,780 3,650 1,270 6,150 770 8,650 270
1,150 1,770 3,700 1,260 6,200 760 8,700 260
1,200 1,760 3,750 1,250 6,250 750 8,750 250
1,250 1,750 3,800 1,240 6,300 740 8,800 240
1,300 1,740 3,850 1,230 6,350 730 8,850 230
1,350 1,730 3,900 1,220 6,400 720 8,900 220
1,400 1,720 3,950 1,210 6,450 710 8,950 210
1,450 1,710 4,000 1,200 6,500 700 9,000 200
1,500 1,700 4,050 1,190 6,550 690 9,050 200
1,550 1,690 4,100 1,180 6,600 680 9,100 200
1,600 1,680 4,150 1,170 6,650 670 9,150 200
1,650 1,670 4,200 1,160 6,700 660 9,200 200
1,700 1,660 4,250 1,150 6,750 650 9,250 200
1,750 1,650 4,300 1,140 6,800 640 9,300 200
1,800 1,640 4,350 1,130 6,850 630 9,350 200
1,850 1,630 4,400 1,120 6,900 620 9,400 200
1,900 1,620 4,450 1,110 6,950 610 9,450 200
1,950 1,610 4,500 1,100 7,000 600 9,500 200
2,000 1,600 4,550 1,090 7,050 590 9,550 200
2,050 1,590 4,600 1,080 7,100 580 9,600 200
2,100 1,580 4,650 1,070 7,150 570 9,650 200
2,150 1,570 4,700 1,060 7,200 560 9,700 200
2,200 1,560 4,750 1,050 7,250 550 9,750 200
2,250 1,550 4,800 1,040 7,300 540 9,800 200
2,300 1,540 4,850 1,030 7,350 530 9,850 200
2,350 1,530 4,900 1,020 7,400 520 9,900 200
2,400 1,520 4,950 1,010 7,450 510 9,950 200
2,450 1,510 5,000 1,000 7,500 500 10,000 0
2,500 1,500
</TABLE>
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- ---------------------
Excess AGI = Your AGI minus your THRESHOLD LEVEL:
If you are single, your Threshold Level is $25,000.
If you are married, your Threshold Level is $40,000.
If you are married and file a separate tax return, your
Excess AGI = your AGI.
Contributions may be made for a tax year until the deadline for filing a Federal
income tax return for that tax year (without extensions). No contributions are
allowed for the tax year in which an individual attains age 70 1/2 or any tax
year after that. A working spouse age 70 1/2 or over, however, can contribute up
to the lesser of $2,000 or 100% of "earned income" to a spousal IRA for a
non-working spouse until the year in which the non-working spouse reaches age 70
1/2.
An individual not eligible to deduct part or all of the IRA contribution may
still make nondeductible contributions on which earnings will accumulate on a
tax-deferred basis. The deductible and nondeductible contributions to the
individual's IRA (or the nonworking spouse's IRA) may not, however, together
exceed the maximum $2,000 per person limit. See "Excess Contributions."
Individuals must keep their own records of deductible and nondeductible
contributions in order to prevent double taxation on the distribution of
previously taxed amounts. See "Distributions from IRA Contracts."
An individual making nondeductible contributions in any taxable year, or any
individual who makes or made nondeductible contributions or who is receiving
amounts from any IRA, must file the required information with the IRS. Moreover,
individuals making nondeductible IRA contributions must retain all income tax
returns and records pertaining to such contributions until all interests in IRAs
are fully distributed.
EXCESS CONTRIBUTIONS
Excess contributions to an IRA are subject to a 6% excise tax for the year in
which made and for each year thereafter until withdrawn. In the case of
"regular" IRA contributions any contribution in excess of the lesser of $2,000
or 100% of compensation or earned income is an "excess contribution," (without
regard to the deductibility or nondeductibility of IRA contributions under this
limit). Also, any "regular" contributions made after you reach age 70 1/2 are
excess contributions. In the case of rollover IRA contributions, excess
contributions are amounts which are not eligible to be rolled over (for example,
after-tax contributions to a qualified plan or minimum distributions required to
be made after age 70 1/2 ). An excess contribution (rollover or "regular") which
is withdrawn, however, before the time for filing the individual's federal
income tax return for the tax year (including extensions) is not includable in
income and is not subject to the 10% penalty tax on early distributions
(discussed below under "Penalty Tax on Early Distributions"), provided any
earnings attributable to the excess contribution are also withdrawn and no tax
deduction is taken for the excess contribution. The withdrawn earnings on the
excess contribution, however, would be includable in the individual's gross
income for the tax year in which the excess contribution from which they arose
was made and would be subject to the 10% penalty tax. If excess contributions
are not withdrawn before the time for filing the individual's federal income tax
return for the tax year (including extensions), the "regular" contributions may
still be withdrawn after that time if the IRA contribution for the tax year did
not exceed $2,000 and no tax deduction was taken for the excess contribution; in
that event, the excess contribution would not be includable in gross income and
would not be subject to the 10% penalty tax. Lastly, excess "regular"
contributions may also be reduced by underutilizing the allowable contribution
limits for a later year.
If excess rollover contributions are not withdrawn before the time for filing
the individual's Federal tax return for the year (including extensions) and the
excess contribution occurred as a result of incorrect information provided by
the plan, any such excess amount can be withdrawn if no tax deduction was taken
for the excess contribution. As above, excess rollover contributions withdrawn
under those circumstances would not be includable in gross income and would not
be subject to the 10% penalty tax.
TAX-FREE TRANSFERS AND ROLLOVERS
Rollover contributions may be made to an IRA from these sources: (i) qualified
plans, (ii) TSAs (including 403(b)(7) custodial accounts) and (iii) other
individual retirement arrangements.
The rollover amount must be transferred to the Contract either as a direct
rollover of an "eligible rollover distribution" (described below) or as a
rollover by the individual plan participant or owner of the individual
retirement arrangement. In the latter cases, the rollover must be made within 60
days of the date the proceeds from another individual retirement arrangement or
an eligible rollover distribution from a qualified plan or TSA were received.
Generally the taxable portion of any distribution from a qualified plan or TSA
is an eligible
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rollover distribution and may be rolled over tax-free to an IRA unless the
distribution is (i) a required minimum distribution under Section 401(a)(9) of
the Code; or (ii) one of a series of substantially equal periodic payments made
(not less frequently than annually) (a) for the life (or life expectancy) of the
plan participant or the joint lives (or joint life expectancies) of the plan
participant and his or her designated beneficiary, or (b) for a specified period
of ten years or more. See "Federal and State Income Tax Withholding -- Mandatory
Withholding from Qualified Plans and TSAs," in this section.
Under some circumstances, amounts from a Contract may be rolled over on a
tax-free basis to a qualified plan. To get this "conduit" IRA treatment, the
source of funds used to establish the IRA must be a rollover contribution from
the qualified plan and the entire amount received from the IRA (including any
earnings on the rollover contribution) must be rolled over into another
qualified plan within 60 days of the date received. Similar rules apply in the
case of a TSA.
We offer a separate IRA Contract subject to separate charges, designed to serve
as a "conduit" IRA for this purpose (QP IRA Contract). Therefore amounts in a QP
IRA Contract which are not commingled with "regular" IRA Contributions or
nonqualified plan funds (or TSA funds, as the case may be) may be eligible to be
rolled over into another qualified plan (or TSA, as the case may be) which
accepts such contributions.
Under the conditions and limitations of the Code, an individual may elect for
each IRA to make a tax-free rollover once every 12-month period among individual
retirement arrangements (including rollovers from retirement bonds purchased
before 1983). Custodian-to-custodian transfers are not rollovers and can be made
more frequently than once a year.
The same tax-free treatment applies to amounts withdrawn from the Contract and
rolled over into other individual retirement arrangements unless the
distribution was received under an inherited IRA.
Tax-free rollovers are also available to the surviving spouse beneficiary of a
deceased individual, or a spousal alternate payee of a qualified domestic
relations order applicable to a qualified plan or TSA. In some cases, IRAs can
be transferred on a tax-free basis between spouses or former spouses incidental
to a judicial decree of divorce or separation.
DISTRIBUTIONS FROM IRA CONTRACTS
Income or gains on contributions under IRAs are not subject to Federal income
tax until benefits are distributed to the individual. Distributions include
withdrawals from your Contract, surrender of your Contract and annuity payments
from your Contract. Death benefits are also distributions. Except as discussed
below, the amount of any distribution from an IRA is fully includable by the
individual in gross income.
If the individual makes nondeductible IRA contributions, those contributions are
recovered tax-free when distributions are received. The individual must keep
records of all nondeductible contributions. At the end of each tax year in which
the individual has received a distribution, the individual determines a ratio of
the total nondeductible IRA contributions (less any amounts previously withdrawn
tax-free) to the total account balances of all IRAs held by the individual at
the end of the tax year (including rollover IRAs, SIMPLE IRAs, and SEPs) plus
all IRA distributions made during such tax year. The resulting ratio is then
multiplied by all distributions from the IRA during that tax year to determine
the nontaxable portion of each distribution.
In addition, a distribution (other than a required minimum distribution
discussed below) is not taxable if (1) the amount received is a return of excess
contributions which are withdrawn, as described under "Excess Contributions,"
(2) the entire amount received is rolled over to another individual retirement
arrangement (see "Tax-Free Transfers and Rollovers") or (3) in certain limited
circumstances, where the IRA acts as a "conduit," the entire amount is paid into
a qualified plan or TSA that accepts such contributions.
Distributions from an IRA are not entitled to the special favorable five-year
averaging method (or, in certain cases, favorable ten-year averaging and long-
term capital gain treatment) available in certain cases to distributions from
qualified plans.
MINIMUM DISTRIBUTIONS AFTER AGE 70 1/2
The minimum distribution rules discussed above under "Qualified Plans and TSAs
- -- Minimum Distributions" also generally apply to IRAs. The exceptions discussed
do not apply to IRA distributions -- Minimum Distributions must be computed with
respect to IRAs for the calendar year in which you attain age 70 1/2 and the
Required Beginning Date is April 1 following such year, even if you are still
working. If you are participating in more than one individual retirement
arrangement or other tax favored retirement plan you may be able to choose
different distribution options for each arrangement. Your minimum distribution
for any taxable year is calculated by adding together the separate minimum
distribution amounts from each of your individual retirement arrangements. The
IRS, however, does not require that you take out the minimum distribution from
each individual retirement ar-
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rangement that you maintain. As long as the total amount distributed annually
for all IRAs satisfies your overall minimum distribution requirement for IRAs,
you may choose to take your annual required distribution for IRAs from any one
or more individual retirement arrangements that you maintain.
This special rule applies only to IRAs and TSAs and does not apply to qualified
plans. A distribution from a TSA will not satisfy a distribution requirement for
IRAs.
If the individual dies after distribution in the form of an annuity has begun,
or after the Required Beginning Date, payment of the remaining interest must be
made at least as rapidly as under the method used prior to the individual's
death. The IRS has indicated that an exception to this rule may apply if the
beneficiary of the IRA is the surviving spouse. In some circumstances, the
surviving spouse may elect to "make the IRA his or her own" and halt
distributions until he or she reaches age 70 1/2. If an individual dies before
the Required Beginning Date and before distributions in the form of an annuity
begin, distributions of the individual's entire interest under the Contract must
be completed within five years after death, unless payments to a designated
beneficiary begin within one year of the individual's death and are made over
the beneficiary's life or over a period certain which does not extend beyond the
beneficiary's life expectancy.
If the surviving spouse is the designated beneficiary, the spouse may delay the
commencement of such payments up until the individual would have attained age 70
1/2. In the alternative, a surviving spouse may elect to roll over the inherited
IRA into the surviving spouse's own IRA. Under Series 300 and 400 Contracts, if
you elect to have your spouse be the sole primary beneficiary and to be the
Successor Annuitant and Contract Owner, then your surviving spouse automatically
becomes both the successor Contract Owner and Annuitant, and no death benefit is
payable until the surviving spouse's death.
If there is an insufficient distribution in any year, a 50% tax may be imposed
on the amount by which the minimum required to be distributed exceeds the amount
actually distributed. The penalty tax may be waived by the Secretary of the
Treasury in certain limited circumstances. Failure to have distributions made as
the Code and Treasury regulations require may result in disqualification of your
IRA. See "Tax Penalty for Insufficient Distributions" in this part.
TAXATION OF DEATH BENEFIT
Distributions received by a beneficiary are generally given the same tax
treatment the individual would have received if distribution had been made to
the individual.
PROHIBITED TRANSACTION
An IRA may not be borrowed against or used as collateral for a loan or other
obligation. If the IRA is borrowed against or used as collateral, its tax-
favored status will be lost as of the first day of the tax year in which the
event occurred. If this happens, the individual must include in Federal gross
income for that year an amount equal to the fair market value of the IRA
Contract as of the first day of that tax year, less the amount of any
nondeductible contributions not previously withdrawn. Also, the early
distribution penalty tax of 10% will apply if the individual has not reached age
59 1/2 before the first day of that tax year. See "Penalty Tax on Early
Distributions."
ILLUSTRATION OF GUARANTEED RATES
The following two tables which the IRS requires us to furnish prospective IRA
Contract Owners illustrate guaranteed rates for contributions assumed to be
allocated entirely to the Guaranteed Interest Account under Series 300 and 400
Contracts. Table I illustrates a $1,000 contribution made annually on the
Contract Date and on each subsequent anniversary, assuming no withdrawals or
transfers were made from the Contract. Table II assumes a single initial
contribution of $1,000, with no further contributions, withdrawals or transfers.
The 3% guaranteed rate is the minimum guaranteed interest rate in the Contract.
As explained in "Part 7: Deductions and Charges," the values shown assume the
contingent withdrawal charge applies. These values reflect the effect of the
annual administrative charge deducted at the end of each Contract Year in which
the Annuity Account Value is less than $20,000.
To find the appropriate value for the end of the Contract Year at any attained
age, subtract the issue age (age nearest birthday) from the attained age and
enter the table at the corresponding year. Years that correspond to an attained
age in excess of 70 should be ignored.
The information shown in the tables should be considered in light of your
present age and (with respect to Table I) your ability to contribute $1,000
annually. You should also understand that in order to avoid severe tax
penalties, distribution of the values under your Contract generally must
commence not later than April 1st of the calendar year after the calendar year
you attain age 70 1/2. Subsequent distributions must be made by December 31st of
each calendar year. See "Penalty Tax on Early Distributions" and "Tax Penalties
for Insufficient Distributions." Any change in the amounts contributed annually,
or in the amount of the single contribution, would, of course, change the
results shown.
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TABLE I
ANNUITY ACCOUNT VALUES AND
CASH VALUES
(Assuming $1,000 Contributions Made Annually
at the beginning of the Contract Year)
3% MINIMUM GUARANTEE
-----------------------------------------------------------------------
ANNUITY
CONTRACT ACCOUNT CASH
YEAR END VALUE VALUE
-----------------------------------------------------------------------
1 $ 1,009.40 $ 954.89
2 2,039.68 1,929.54
3 3,100.87 2,933.43
4 4,193.90 3,967.43
5 5,319.72 5,032.45
6 6,479.31 6,129.42
7 7,673.69 7,313.69
8 8,903.90 8,543.90
9 10,171.01 9,811.01
10 11,476.14 11,116.14
11 12,820.43 12,460.43
12 14,205.04 13,845.04
13 15,631.19 15,271.19
14 17,100.13 16,740.13
15 18,613.13 18,253.13
16 20,201.53 19,841.53
17 21,837.57 21,477.57
18 23,522.70 23,162.70
19 25,258.38 24,898.38
20 27,046.13 26,686.13
21 28,887.52 28,527.52
22 30,784.14 30,424.14
23 32,737.67 32,377.67
24 34,749.80 34,389.80
25 36,822.29 36,462.29
26 38,956.96 38,596.96
27 41,155.67 40,795.67
28 43,420.34 43,060.34
29 45,752.95 45,392.95
30 48,155.53 47,795.53
31 50,630.20 50,270.20
32 53,179.11 52,819.11
33 55,804.48 55,444.48
34 58,508.61 58,148.61
35 61,293.87 60,933.87
36 64,162.69 63,802.69
37 67,117.57 66,757.57
38 70,161.10 69,801.10
39 73,295.93 72,935.93
40 76,524.81 76,164.81
41 79,850.55 79,490.55
42 83,276.07 82,916.07
43 86,804.35 86,444.35
44 90,438.48 90,078.48
45 94,181.64 93,821.64
46 98,037.08 97,677.08
47 102,008.20 101,648.20
48 106,098.44 105,738.44
49 110,311.40 109,951.40
50 114,650.74 114,290.74
TABLE II
ANNUITY ACCOUNT VALUES AND
CASH VALUES
(Assuming a Single Contribution of $1,000 and
No Further Contribution)
3% MINIMUM GUARANTEE
-----------------------------------------------------------------
ANNUITY
CONTRACT ACCOUNT CASH
YEAR END VALUE VALUE
-----------------------------------------------------------------
1 $1,009.40 $ 954.89
2 1,018.89 963.87
3 1,019.46 964.40
4 1,020.04 964.96
5 1,020.64 965.53
6 1,021.26 966.11
7 1,021.90 1,021.90
8 1,022.55 1,022.55
9 1,023.23 1,023.23
10 1,023.93 1,023.93
11 1,024.65 1,024.65
12 1,025.38 1,025.38
13 1,026.15 1,026.15
14 1,026.93 1,026.93
15 1,027.74 1,027.74
16 1,028.57 1,028.57
17 1,029.43 1,029.43
18 1,030.31 1,030.31
19 1,031.22 1,031.22
20 1,032.16 1,032.16
21 1,033.12 1,033.12
22 1,034.11 1,034.11
23 1,035.14 1,035.14
24 1,036.19 1,036.19
25 1,037.28 1,037.28
26 1,038.40 1,038.40
27 1,039.55 1,039.55
28 1,040.73 1,040.73
29 1,041.96 1,041.96
30 1,043.22 1,043.22
31 1,044.51 1,044.51
32 1,045.85 1,045.85
33 1,047.22 1,047.22
34 1,048.64 1,048.64
35 1,050.10 1,050.10
36 1,051.60 1,051.60
37 1,053.15 1,053.15
38 1,054.74 1,054.74
39 1,056.39 1,056.39
40 1,058.08 1,058.08
41 1,059.82 1,059.82
42 1,061.61 1,061.61
43 1,063.46 1,063.46
44 1,065.37 1,065.37
45 1,067.33 1,067.33
46 1,069.35 1,069.35
47 1,071.43 1,071.43
48 1,073.57 1,073.57
49 1,075.78 1,075.78
50 1,078.05 1,078.05
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SIMPLIFIED EMPLOYEE PENSIONS (SEPS)
An employer can establish a SEP for its employees and can make contributions to
a Contract for each eligible employee. A SEP Contract is a form of IRA Contract,
owned by the employee-Annuitant and most of the rules applicable to IRAs
discussed above apply. A major difference is the amount of permissible
contributions. Rules similar to those discussed above under "Tax Qualified
Retirement Plans (Qualified Plans)" apply. Due to statutory limits, in 1997 an
employer can annually contribute an amount for an employee up to the lesser of
$24,000 or 15% of the employee's compensation, determined without taking into
account the employer's contribution to the SEP. This $24,000 maximum, based on
the 1997 statutory compensation limit of $160,000, may be adjusted for cost of
living changes in future years. Under our current practice, IRA contributions by
the employee may not be made under a SEP Contract and are put into a separate
IRA Contract.
Effective January 1, 1997 salary reduction SEPs (SARSEP) programs may no longer
be established. However, employers who had established such programs prior to
1997 can continue to make contributions on behalf of participating employees in
1997 and later years. SARSEP programs are subject to a number of special rules,
some of which are discussed in the SAI.
SEP plans are available under EQUI-VEST Series 300 in most states. EQUI-VEST SEP
Series 200 are available in states where the 300 Series is not available.
SAVINGS INCENTIVE MATCH PLAN (SIMPLE IRAS)
An eligible employer may establish a "SIMPLE IRA" plan to make contributions to
special individual retirement accounts or individual retirement annuities for
its employees ("SIMPLE IRAs"). The IRS has issued various forms which may be
used by employers to set up a SIMPLE IRA plan. Currently, we are accepting only
those SIMPLE IRA plans using IRS Form 5304.
Use of Form 5304 requires that the employer permit the employee to select a
SIMPLE IRA provider.
The employer cannot maintain any other qualified plan, SEP or TSA arrangement if
it makes contributions under a SIMPLE IRA plan. (Eligible employers may maintain
EDC plans.)
Any type of employer -- corporation, partnership, self-employed person,
government or tax-exempt entity -- is eligible to establish a SIMPLE IRA plan if
it meets the requirements about number of employees and compensation of those
employees. The employer must have no more than 100 employees who earned at least
$5,000 in compensation from the employer in the prior calendar year.
An employer establishing a SIMPLE IRA plan should consult its tax adviser
concerning the various technical rules applicable to establishing and
maintaining SIMPLE IRA plans. For example, the definition of employee's
"compensation" varies depending on whether it is used in the context of employer
eligibility, employee participation, and employee or employer contributions. In
particular, municipal governments should be certain that the SIMPLE IRA complies
with state law.
Participation must be open to all employees who received at least $5,000 in
compensation from the employer in any two preceding years (they do not have to
be consecutive years) and who are reasonably expected to receive at least $5,000
in compensation during the year. (Certain collective bargaining unit and alien
employees may be excluded.)
The only kinds of contributions which may be made to a SIMPLE IRA are (i)
contributions under a salary reduction agreement entered into between the
employer and the participating employee and (ii) required employer contributions
(employer matching contributions or employer nonelective contributions). Direct
transfer and rollover contributions from other SIMPLE IRAs, but not regular IRAs
or conduit IRAs, may also be made. Salary reduction contributions can be any
percentage of compensation (or a specific dollar amount, if the employer's plan
permits) but are limited to $6,000 in 1997. The $6,000 elective deferral limit
may be indexed for cost of living adjustments in future years.
Generally, the employer is required to make matching contributions on behalf of
each eligible employee in an amount equal to the salary reduction contributions,
up to 3% of the employee's compensation. In certain circumstances an employer
may elect to make required employer contributions on an alternate basis.
Tax Treatment of SIMPLE IRAs
Unless specifically otherwise mentioned, for example, regarding differences in
funding and potential penalty tax on distributions, the rules discussed above
under TAX QUALIFIED INDIVIDUAL RETIREMENT ANNUITIES (IRAS) also apply to SIMPLE
IRAs.
Amounts contributed to SIMPLE IRAs are not currently taxable to employees. Only
the employer can deduct SIMPLE IRA contributions,
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<PAGE>
not the employee. An employee eligible to participate in a SIMPLE IRA is treated
as an active participant in an employer plan and thus may not be able to deduct
(fully) regular contributions to his/her own IRA.
As with IRAs in general, contributions and earnings accumulate tax deferred
until withdrawn and are then fully taxable. There are no withdrawal restrictions
applicable to SIMPLE IRAs. However, because of the level of employer
involvement, SIMPLE IRA plans are subject to certain sections of ERISA. See the
rules under ERISA MATTERS below.
Amounts withdrawn from a SIMPLE IRA can be rolled over to another SIMPLE IRA, or
to a regular IRA. No rollovers from a SIMPLE IRA to a regular IRA are permitted
for individuals under age 59 1/2 who have not participated in the employer's
SIMPLE IRA for two full years. Also, for such individuals, any amounts withdrawn
from a SIMPLE IRA are not only fully taxable but are subject to a 25% (not 10%)
additional federal income tax penalty. (The exceptions to penalty application
for death, disability and attainment of age 59 1/2 apply). SIMPLE IRA plans are
available under EQUI-VEST Series 400 in most states. EQUI-VEST SIMPLE IRA Series
300 and Series 200 are available in states where the Series 400 is not
available.
PUBLIC AND TAX-EXEMPT ORGANIZATION EMPLOYEE-DEFERRED COMPENSATION PLANS (EDC
PLANS)
Employees and independent contractors who perform services for a state
(including any subdivision or agency of the state) or other tax-exempt employer
may exclude from Federal gross income certain salary reduction amounts. To
qualify, the employer must maintain an EDC plan satisfying the requirements of
Section 457 of the Code. EQUI-VEST Series 100 or 200 Contracts are used to fund
EDC plans that must be owned by the employer in all cases. However, the EDC plan
may permit the employee to choose among various investment options. Tax-exempt,
non-governmental employers are generally subject to ERISA, and may be required
by the provisions of that Act to limit participation in an EDC plan to a select
group of management or highly compensated employees. The EDC plan funds are
subject to the claims of the employer's general creditors in an EDC plan
maintained by a tax-exempt employer. In an EDC plan maintained by a governmental
employer, the plan's assets must be held in trust for the exclusive benefit of
employees. This requirement currently applies to EDC plans newly established by
a governmental entity employer and must be met by 1999 for governmental entity
employer EDC plans established before August, 1996.
Generally, the maximum contribution amount that can be excluded from gross
income in any tax year under an EDC plan is 33 1/3% of the employee's
"includable compensation," up to $7,500 (which may be adjusted for cost of
living increases in accordance with Section 457 of the Code). Special rules may
permit "catch-up" contributions during the three years preceding normal
retirement age under the EDC plan.
In general, no amounts may be withdrawn from an EDC plan prior to the calendar
year in which the employee attains age 70 1/2, separates from service or in the
event of an unforeseen emergency. Income or gains on contributions under an EDC
plan are subject to Federal income tax when amounts are distributed or made
available to the employee or beneficiary. Amounts are not deemed to be "made
available" (currently taxable) just because the participant is permitted under
the plan to make a one-time election to defer commencement of distributions
between the time amounts are allowed to be made available and before
distributions actually start. Also, de minimis amounts (up to $3500) may be
taken out by the employee or forced out by the plan under certain circumstances,
even though the employee may still be working and amounts would not otherwise be
made available.
Distributions from EDC plans generally must commence no later than April 1st of
the calendar year following the calendar year in which the employee attains 70
1/2 or retires from service with the employer maintaining the EDC plan,
whichever is later.
If the Annuitant does not commence minimum distributions in the calendar year in
which the Annuitant attains age 70 1/2 (or retires, if later), and waits until
the three month (January 1-April 1) period in the next calendar year to commence
minimum distributions, then the Annuitant must take two required minimum
distributions in that calendar year.
Distributions from an EDC plan may not be rolled over or transferred to an IRA.
Distributions to an EDC plan participant are characterized as "wages" for income
tax reporting and withholding purposes. No election out of withholding is
possible. See "Federal and State Income Tax Withholding," in this part. These
amounts are not subject to FICA tax, if FICA tax was withheld by the employer
when wages were deferred. In certain circumstances, receipt of payments from an
EDC plan may result in a reduction of an employee's Social Security benefits.
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<PAGE>
If the EDC plan so provides, a deceased employee's beneficiary may be able to
elect to receive death benefits in installments instead of a lump sum, and will
be taxed as the payments are received. However, the death benefits must be
received within 15 years of the date of the deceased employee's death (or within
the period of the life expectancy of the surviving spouse if the spouse is the
designated beneficiary).
Due to unrelated business income tax rules, annuity Contracts may not be an
appropriate funding vehicle for an EDC plan maintained by any organization
exempt from tax under the following Code Sections: 501(c)(7) (social club);
501(c)(9) (VEBA); 501(c)(17) (supplemental unemployment compensation benefit
plan trust); or 501(c)(20) (legal services plan trust). Please contact your tax
adviser to see if these limits may apply to your EDC plan.
PENALTY TAX ON EARLY DISTRIBUTIONS
The taxable portion of distributions from a qualified plan or TSA will be
subject to a 10% penalty tax unless the distribution is made on or after the
Annuitant's death, attributable to the Annuitant becoming disabled, or when the
Annuitant reaches age 59 1/2. The penalty tax will also not apply if the
Annuitant (i) separates from service and elects a payout over his or her life or
life expectancy (or joint and survivor lives or life expectancies), (ii) has
attained age 55 and separates from service, or (iii) uses the distribution to
pay certain extraordinary medical expenses. The taxable portion of IRA and SEP
distributions are also subject to the 10% penalty tax unless the distribution is
made (1) on or after your death, (2) because you have become disabled, (3) on or
after the date when you reach age 59 1/2, or (4) at least annually in the form
of a substantially equal periodic payout over your life or life expectancy (or
joint and survivor lives or life expectancies). Also not subject to penalty tax
are IRA, SIMPLE IRA and SEP distributions used to pay certain extraordinary
medical expenses or medical insurance premiums for defined unemployed
individuals. SIMPLE IRA distributions are also subject to the 10% penalty tax
unless the distribution is made (1) on or after your death, (2) because you have
become disabled, or (3) on or after the date when you reach age 59 1/2. As
discussed under "SAVINGS INCENTIVE MATCH PLAN (SIMPLE IRAS)" above the penalty
tax on distributions from a SIMPLE IRA may be 25%, not 10%, under certain
circumstances.
This penalty tax does not apply to employees in an EDC plan.
TAX PENALTY FOR INSUFFICIENT DISTRIBUTIONS
Failure to make required distributions may cause the disqualification of the
IRA, SEP, SIMPLE IRA, TSA, qualified plan, or EDC plan. Disqualification results
in current taxation of the Annuitant's entire benefit. In addition, a 50%
penalty tax is imposed on the difference between the required distribution
amount and the amount actually distributed, if any.
It is the plan administrator's responsibility to see that minimum distributions
from a qualified plan are made. It is the Owner's responsibility in a TSA, IRA
or SIMPLE IRA to see that the minimum distributions are made with respect to a
Contract. We do not automatically make distributions from a Contract before the
Retirement Date unless a request has been made. We will notify you during the
year when our records show that you will attain age 70 1/2. In the case of IRA,
SIMPLE IRA and TSA Contracts, if you do not select a method, we will assume you
are taking your minimum distribution from another IRA, SIMPLE IRA or TSA that
you maintain or that you have not yet retired. You should consult with your tax
adviser concerning these rules and their proper application to your situation.
See "Distributions From Qualified Plans and TSAs--Minimum Distributions" and
"IRAs -- Minimum Distribution After Age 70 1/2", elsewhere in this section.
LIMITS ON DISTRIBUTIONS
The Code imposes a 15% excise tax on an individual's aggregate excess
distributions from all tax-favored retirement plans (not including EDC plans).
The excise tax is in addition to the ordinary income tax due but is reduced by
the amount (if any) of the early distribution penalty tax imposed by the Code.
This tax is temporarily suspended for all distributions to the plan participant
for the years 1997, 1998, and 1999. However, the excise tax continues to apply
for estate tax purposes. The estate tax imposed on a deceased plan participant's
estate will be increased if the accumulated value of the individual's interests
in qualified annuities and tax-favored retirement plans is excessive. The
aggregate accumulations will be subject to excise tax in 1997 if they exceed the
present value of a hypothetical life annuity paying $160,000 a year.
FEDERAL AND STATE INCOME TAX WITHHOLDING
Equitable Life is required to withhold Federal income tax on the taxable portion
of qualified plan payments and payments from annuity contracts.
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The rate of withholding will depend on the type of distribution and, in certain
cases, the amount of the distribution. (In the case of Trusteed Contracts which
continue to be owned by the trustee, any required Federal income tax withholding
is the responsibility of the plan administrator.) Unless the payment is an
"eligible rollover distribution" from a qualified plan or a TSA, the recipient
generally may elect not to be subject to income tax withholding. Compare
"Elective Withholding" and "Mandatory Withholding from Qualified Plans and
TSAs," below. However, payments under EDC plans are also subject to mandatory
wage withholding rules; no election out is permitted. The employer (and not
Equitable Life) is generally responsible for such wage withholding.
Certain states have indicated that pension and annuity withholding will apply to
payments made to residents. Generally, an election out of Federal withholding
will also be considered an election out of state withholding. In some states, a
recipient may elect out of state withholding, even if Federal withholding
applies. It is not clear whether such states may require mandatory withholding
with respect to eligible rollover distributions (described below). Contact your
tax adviser to see how state income tax withholding may apply to your payment.
Special withholding rules apply to foreign recipients and United States citizens
residing outside the United States. See your tax adviser if you may be affected
by such rules. Withholding may also apply to taxable amounts paid under a 10-day
free look cancellation.
ELECTIVE WITHHOLDING
Requests not to withhold Federal income tax must be made in writing prior to
receiving benefits under the Contract. The Processing Office will provide forms
for this purpose. No election out of withholding is valid unless the recipient
provides us with the correct taxpayer identification number and a United States
residence address.
If a recipient does not have sufficient income tax withheld or does not make
sufficient estimated income tax payments, the recipient may incur penalties
under the estimated income tax rules. Recipients should consult their tax
advisers to determine whether they should elect out of withholding.
Periodic payments are generally subject to wage-bracket type withholding (as if
such payments were wages by an employer to an employee) unless the recipient
elects no withholding. If a recipient does not elect out of withholding or does
not specify the number of withholding exemptions, withholding will generally be
made as if the recipient is married and claiming three withholding exemptions.
There is an annual threshold of taxable income from periodic payments which is
exempt from withholding based on this assumption. For 1997 a recipient of
periodic payments (e.g., monthly or annual payments which are not "eligible
rollover distributions") which total less than $14,400 taxable amount will
generally be exempt from Federal income tax withholding, unless the recipient
specifies a different choice of withholding exemption. If a recipient fails to
provide a correct taxpayer identification number, withholding is made as if the
recipient is single with no exemptions.
A recipient of a partial or total non-periodic distribution (other than
"eligible rollover distributions" discussed below) will generally be subject to
withholding at a flat 10% rate. A recipient who provides a United States
residence address and a correct taxpayer identification number will generally be
permitted to elect not to have tax withheld.
All recipients receiving periodic and non-periodic payments will be further
notified of the withholding requirements and of their right, if any, to make
withholding elections.
MANDATORY WITHHOLDING FROM QUALIFIED PLANS AND TSAS
All "eligible rollover distributions" are subject to mandatory Federal income
tax withholding of 20% unless the employee elects to have the distribution
directly transferred over to a qualified plan or individual retirement
arrangement. The following are not eligible rollover distributions subject to
mandatory 20% withholding:
o any distribution to the extent that the distribution is a "required minimum
distribution" under Section 401(a)(9) of the Code;
o any distribution which is one of a series of substantially equal periodic
payments made (not less frequently than annually (1) for the life (or life
expectancy) of the employee or the joint lives (or joint life expectancies)
of the employee and his or her designated beneficiary, or (2) for a
specified period of 10 years or more;
o certain corrective distributions under Code Sections 401(k), 401(m) and
402(g);
o loans that are treated as deemed distributions;
o P.S. 58 costs (incurred if the plan provides life insurance protection for
participants); and
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o a distribution to a beneficiary other than to a surviving spouse or a
current or former spouse under a qualified domestic relations order.
If a distribution is made to a plan participant's surviving spouse, or to a
current or former spouse under a qualified domestic relations order, the
distribution may be an eligible rollover distribution, subject to mandatory 20%
withholding, unless one of the exceptions described above applies.
If a distribution is not an "eligible rollover distribution," the rules on
elective withholding described above, apply.
OTHER WITHHOLDING
In certain cases Equitable may be required to withhold, or temporarily hold
back, an amount of death benefit due to potential application of state
inheritance or estate tax rules or federal "generation skipping tax," which is a
form of estate tax. The potential application of these rules varies depending on
the amount of the death benefit, the relationship of the beneficiaries to the
deceased, and the residence of the parties. You should consult with your tax or
legal adviser concerning potential application of these rules to your own
personal situation.
SPECIAL RULES FOR NQ AND TRUSTEED CONTRACTS ISSUED IN PUERTO RICO
Only NQ and Trusteed Contracts are available in Puerto Rico.
Please note that the tax treatment of qualified plans by the United States and
by Puerto Rico is similar in many respects, but may not be identical. Please
consult your tax adviser to determine any differences which may affect your own
situation.
Under current law, Equitable Life treats all income from NQ Contracts as
U.S.-source. Trusteed contract income may also be treated as U.S.-source,
depending on an individual's circumstances. A Puerto Rico resident is subject to
U.S. taxation on such U.S.-source income. Only Puerto Rico-source income of
Puerto Rico residents is excludable from U.S. taxation. Income from these
Contracts is also subject to Puerto Rico tax. The computation of the taxable
portion of amounts distributed from a Contract may differ in the two
jurisdictions. Therefore, an individual might have to file both U.S. and Puerto
Rico tax returns, showing different amounts of income for each. Puerto Rico
generally provides a credit against Puerto Rico tax for U.S. tax paid. Depending
on an individual's personal situation and the timing of the different tax
liabilities, an individual may not be able to take full advantage of this
credit.
Please consult your tax adviser to determine the applicability of these rules to
your own tax situation.
IMPACT OF TAXES TO EQUITABLE LIFE
The Contracts provide that we may charge the Separate Account for taxes. We can
also set up reserves for taxes.
TRANSFERS AMONG INVESTMENT OPTIONS
There will not be any tax liability if you transfer the Annuity Account Value
among the Investment Funds, the Guaranteed Interest Account and the Fixed
Maturity Account.
TAX CHANGES
The United States Congress has in the past considered, and may in the future
consider legislative proposals that, if enacted, could change the tax treatment
of annuities and retirement plans. In addition, the Treasury Department may
amend existing regulations, issue new regulations, or adopt new interpretations
of existing laws. State tax laws or, if you are not a United States resident,
foreign tax laws, may affect the tax consequences to you or the beneficiary.
These laws may change from time to time without notice and, as a result, the tax
consequences may be altered. There is no way of predicting whether, when or in
what form any such change would be adopted. Any such change could have
retroactive effects regardless of the date of enactment. We suggest you consult
your legal or tax adviser.
ERISA MATTERS
ERISA rules are designed to save and protect qualified retirement plan assets to
be paid to plan participants when they retire.
Qualified Plans under 401 of the Code are generally subject to ERISA. Some TSAs
may also be subject to Title I of ERISA, generally dependent on the level of
employer involvement, for example if the employer makes matching contributions.
EDCs maintained by tax-exempt organizations and SIMPLE IRAs may also be subject
to certain ERISA provisions.
CERTAIN RULES APPLICABLE TO PLAN LOANS
Qualified plans and TSA loans are subject to Code limits and may also be subject
to the limits of the applicable plan. Code requirements apply even if the plan
is not subject to ERISA. For example, loans offered by certain qualified plans
and TSAs are subject to the following conditions:
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o The amount of a loan to a participant, when aggregated with all other loans
to the participant from all qualified plans of the employer, cannot exceed
the greater of $10,000 or 50% of the participant's non-forefeitable accrued
benefits, and cannot exceed $50,000 in any event. This $50,000 limit is
reduced by the excess (if any) of the highest outstanding loan balance over
the previous twelve months over the outstanding balance of plan loans on
the date the loan was made.
o In general, the term of the loan cannot exceed five years unless the loan is
used to acquire the participant's primary residence. EQUI-VEST Contracts
have a term limit of 10 years for loans used to acquire the participant's
primary residence.
o All principal and interest must be amortized in substantially level payments
over the term of the loan, with payments being made at least quarterly.
o If the loan does not qualify under the conditions above, the participant
fails to repay the interest or principal when due, or in some instances, if
the participant separates from service or the plan is terminated, the
amount borrowed or not repaid may be treated as a distribution. The
participant may be required to include as ordinary income the unpaid amount
due and a 10% penalty tax on early distributions may apply. The plan should
report the amount of the unpaid loan balance to the IRS as a distribution.
o Many plans provide that the participant's spouse must consent in writing to
the loan.
In addition, certain loan rules apply only to loans under ERISA plans:
o For contracts which are subject to ERISA, the trustee or sponsoring
employer is responsible for insuring that any loan meets applicable
Department of Labor (DOL) requirements. It is the responsibility of the
plan administrator, the trustee of the qualified plan and/or the employer,
and not Equitable Life, to properly administer any loan made to plan
participants. With respect to specific loans made by the plan to a plan
participant, the plan administrator determines the interest rate, the
maximum term and all other terms and conditions of the loan.
o With respect to specific loans made by the plan to a plan participant, the
plan administrator determines the interest rate, the maximum term and all
other terms and conditions of the loan.
o Only 50% of the participant's vested account balance may serve as security
for a loan. To the extent that a participant borrows an amount which should
be secured by more than 50% of the participant's vested account balance, it
is the responsibility of the trustee or plan administrator to obtain the
additional security.
o Each new or renewed loan must bear a reasonable rate of interest
commensurate with the interest rates charged by persons in the business of
lending money for loans that would be made under similar circumstances.
o Loans must be available to all plan Participants, former Participants who
still have account balances under the plan, beneficiaries (after the death
of a Participant) and alternate payees on a reasonably equivalent basis.
CERTAIN RULES APPLICABLE TO PLANS DESIGNED TO COMPLY WITH SECTION 404(C) OF
ERISA.
Section 404(c) of ERISA, and the related DOL regulation, provide that if a plan
participant or beneficiary exercises control over the assets in his or her plan
account, plan fiduciaries will not be liable for any loss that is the direct and
necessary result of the plan participant's or beneficiary's exercise of control.
As a result, if the plan complies with Section 404(c) and the DOL regulation
thereunder, the plan participant can make and is responsible for the results of
his or her own investment decisions.
Section 404(c) plans must provide, among other things that a broad range of
investment choices are available to plan participants and beneficiaries and must
provide such plan participants and beneficiaries with enough information to make
informed investment decisions. Compliance with the Section 404(c) regulation is
completely voluntary by the plan sponsor, and the plan sponsor may choose not to
comply with Section 404(c).
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The EQUI-VEST Trusteed, HR-10 Annuitant-Owned SIMPLE IRA and TSA programs
provide the broad range of investment choices and information needed in order to
meet the requirements of the Section 404(c) regulation. If the plan is intended
to be a Section 404(c) plan, it is, however, the plan sponsor's responsibility
to see that the requirements of the DOL regulation are met. Equitable Life and
its Agents shall not be responsible if a plan fails to meet the requirements of
Section 404(c).
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PART 10: INDEPENDENT ACCOUNTANTS
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The consolidated financial statements of Equitable Life for the years ended
December 31, 1996, 1995, and 1994 included in Equitable Life's Annual Report on
Form 10-K for the year ended December 31, 1996, incorporated by reference in the
prospectus, have been audited by Price Waterhouse LLP, independent accountants,
whose report thereon is incorporated herein by reference. Such consolidated
financial statements have been incorporated herein by reference in reliance upon
the report of Price Waterhouse LLP given upon their authority as experts in
accounting and auditing.
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APPENDIX I: AN EXAMPLE OF FIXED MATURITY PERIOD
MARKET VALUE ADJUSTMENT
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The example below shows how the market value adjustment would be
determined and how it would be applied to a withdrawal, assuming that $100,000
had been invested on June 14, 1996 to a Fixed Maturity Period with an Expiration
Date of June 15, 2005 (i.e., 9 years later) at a Rate to Maturity of 7.00%
resulting in a Maturity Amount at the Expiration Date of $183,846. We further
assume that a withdrawal of $50,000 is made four years later, on June 15, 2000.
See "Part 5: The Fixed Maturity Account" for a description of the market value
adjustment.
<TABLE>
<CAPTION>
ASSUMED
FIXED MATURITY RATE ON JUNE 15, 2000
---------------------------------------------------
5.00% 9.00%
---------------------------------------------------
As of June 15, 2000 (Before Withdrawal)
---------------------------------------
<S> <C> <C>
(1) Market Adjusted Amount $144,048 $119,487
(2) Book Value 131,080 131,080
(3) Market Value Adjustment: (1)-(2) 12,968 (11,593)
On June 15, 2000 (After Withdrawal)
-----------------------------------
(4) Portion of Market Value Adjustment Associated
with Withdrawal (3) X [$50,000 divided by (1)] 4,501 (4,851)
(5) Reduction in Book Value: [$50,000-(4)] 45,499 54,851
(6) Book Value: (2)-(5) 85,581 76,229
(7) Maturity Amount 120,032 106,915
(8) Revised Market Adjusted Amount 94,048 69,487
</TABLE>
You should note that under this example if a withdrawal is made when
rates have increased from 7.00% to 9.00% (right column), a negative market value
adjustment is realized. On the other hand, if a withdrawal is made when rates
have decreased from 7.00% to 5.00% (left column), a positive market value
adjustment is realized.
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STATEMENT OF ADDITIONAL INFORMATION
TABLE OF CONTENTS
- --------------------------------------------------------------------------------
PART 1: ADDITIONAL LOAN PROVISIONS Page 3
PART 2: TAX RULES: SPECIAL ASPECTS Page 5
PART 3: REQUIRED MINIMUM DISTRIBUTIONS OPTION Page 6
PART 4: ACCUMULATION UNIT VALUES Page 7
PART 5: CALCULATION OF ANNUITY PAYMENTS Page 7
PART 6: THE REORGANIZATION Page 9
PART 7: ALLIANCE MONEY MARKET FUND YIELD INFORMATION Page 9
PART 8 OTHER YIELD INFORMATION Page 10
PART 9: DISTRIBUTION Page 10
PART 10: KEY FACTORS IN RETIREMENT PLANNING Page 10
PART 11: LONG-TERM MARKET TRENDS Page 15
PART 12: CUSTODIAN AND INDEPENDENT ACCOUNTANTS Page 17
PART 13: FINANCIAL STATEMENTS Page 17
HOW TO OBTAIN THE EQUI-VEST STATEMENT OF ADDITIONAL INFORMATION
Call 1-800-628-6673 or send this request form to:
--------------------------------------
EQUI-VEST
Administration Office
The Equitable
P.O. Box 2996
New York, NY 10116-2996
--------------------------------------
Please send me a Statement of Additional Information dated May 1, 1997
- --------------------------------------------------------------------------------
Name
- --------------------------------------------------------------------------------
Address
- --------------------------------------------------------------------------------
City State Zip
83
<PAGE>
EQUI-VEST(R)
PERSONAL RETIREMENT PROGRAMS
AND EMPLOYER SPONSORED RETIREMENT PROGRAMS
STATEMENT OF ADDITIONAL INFORMATION
DATED MAY 1, 1997
-----------------
VARIABLE ANNUITY CONTRACTS FUNDED THROUGH THE
INVESTMENT FUNDS OF SEPARATE ACCOUNT A
<TABLE>
<CAPTION>
INVESTMENT OPTIONS
- ----------------------------------------------------------------------------------------------------------------------------
INVESTMENT FUNDS
- ----------------------------------------------------------------------------------------------------------------------------
<S> <C> <C>
o Alliance Money Market o Alliance Aggressive Stock o EQ/ Putnam Balanced
o Alliance Intermediate o Alliance Small Cap Growth o MFS Research
Government
Securities Alliance Asset Allocation Series: o MFS Emerging Growth Companies
o Alliance Quality Bond o Alliance Conservative o Morgan Stanley Emerging
Investors Markets Equity
o Alliance High Yield
o Alliance Balanced o Warburg Pincus Small Company
o Alliance Growth & Value
Income o Alliance Growth Investors
o Merrill Lynch World Strategy
o Alliance Equity Index o T. Rowe Price International
Stock o Merrill Lynch Basic Value
o Alliance Common Stock Equity
o T. Rowe Price Equity Income
o Alliance Global
o EQ/Putnam Growth & Income
o Alliance International Value
</TABLE>
OTHER INVESTMENT OPTIONS
-------------------------------
o Guaranteed Interest Account
o Fixed Maturity Account:
A choice of ten Fixed Maturity
Periods with expiration dates
1998 through 2007
ISSUED BY:
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
- --------------------------------------------------------------------------------
Home Office: 1290 Avenue of the Americas, New York, NY 10104
Processing Offices: The addresses for our Processing Offices are in Part 1 of
the prospectus under the heading "Services We Provide."
- --------------------------------------------------------------------------------
This statement of additional information (SAI) is not a prospectus. It should be
read in conjunction with the Separate Account A prospectus for EQUI-VEST, dated
May 1, 1997. Definitions of special terms used in the SAI are found in the
prospectus.
A copy of the prospectus is available free of charge by writing the Processing
Office, by calling toll-free, 1-800-628-6673, or by contacting your Equitable
Representative.
- -------------------------------------------------------------------------------
Copyright 1997 The Equitable Life Assurance Society of the United States,
New York, New York 10104
All rights reserved.
-------------------- Cat. No. 127298
888-1126
<PAGE>
STATEMENT OF ADDITIONAL INFORMATION
TABLE OF CONTENTS
- ----------------------------------------------------------------------------
PAGE
- ----------------------------------------------------------------------------
Part 1 Additional Loan Provisions 3
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Part 2 Tax Rules: Special Aspects 5
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Part 3 Required Minimum Distributions Option 6
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Part 4 Accumulation Unit Values 7
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Part 5 Calculation of Annuity Payments 7
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Part 6 The Reorganization 9
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Part 7 Alliance Money Market Fund Yield Information 9
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Part 8 Other Yield Information 10
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Part 9 Distribution 10
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Part 10 Key Factors in Retirement Planning 10
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Part 11 Long-Term Market Trends 15
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Part 12 Custodian and Independent Accountants 17
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Part 13 Financial Statements 17
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2
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PART 1 -- ADDITIONAL
LOAN PROVISIONS
The EQUI-VEST Corporate Trusteed, non-ERISA, and ERISA TSA Loans have the
following features in common:
The term of a TSA or Corporate Trusteed loan is five years unless the loan is
used to acquire the Participant's primary residence. Our contract limit for
loans used to purchase the Participant's primary residence is 10 years.
The loan term under Corporate Trusteed and TSA Contracts may not extend beyond
the earliest of: (1) election and commencement of annuity benefits, (2) the date
of termination of the Contract and (3) the date a death benefit is paid.
Payment to us to cover loan interest and to amortize a loan will be due
beginning the first day of the third month following the effective date of the
loan and quarterly thereafter. All loan payments made by check must be drawn on
a bank in the U.S., in U.S. dollars and made payable to Equitable Life. Loan
payments received prior to the due date will be credited only on the next
payment due date. Any payments we receive will first be applied to interest,
with the balance applied to repayment of the loan.
Only one loan is permitted at any one time. At any time after the loan has been
issued, a loan may be repaid in full and terminated earlier than scheduled.
Many plans provide that the Participant's spouse must consent in writing to the
loan.
On the loan effective date, we will transfer to a loan reserve account an amount
equal to the loan plus 10% of the loaned amount for TSA loans and 25% for
Corporate Trusteed loans. The additional amount is intended as a reserve to
cover the contingencies including unpaid interest and applicable withdrawal
charges. Initially an amount equal to the loan amount will be held in our
general account and will earn interest at an effective annual rate of 4% during
the loan term (for TSA loans, the interest is at the Loan Reserve Account Rate
- -- the Loan Interest Rate minus 2% during the loan term), whereas the additional
loan reserve, as stated above, will be held in the general account but will earn
interest at the Guaranteed Interest Account's current guaranteed interest rate
applicable to the contract.
You may specify from which Investment Options the loan and loan reserve are to
be deducted when you request the loan. If not specified, we will prorate the
amounts withdrawn from the Investment Options based on the amounts in each
Investment Option. No partial withdrawals or transfers from the loan reserve
account are permitted.
On the first day of the third month following the effective date of the loan and
quarterly thereafter (or on the first Business Day thereafter, if such day is
not a Business Day), the amount of interest earned at 4% annually (Loan Reserve
Account Rate for TSA loans) during the prior quarter will be transferred to the
Guaranteed Interest Account. Any loan payment will result in a transfer of the
amount of principal repaid from the portion of the loan reserve account that
earns 4% interest (Loan Reserve Account Rate for TSA loans) to the Guaranteed
Interest Account, and then may be withdrawn (if otherwise permitted) or
transferred to one or more Investment Funds.
Upon full repayment of the loan, any amounts remaining in the loan reserve
account will be transferred to the Guaranteed Interest Account and may then be
withdrawn (if otherwise permitted) or transferred among the Investment Funds.
EQUI-VEST Corporate Trusteed Loans
The EQUI-VEST Corporate Trusteed loan request form is entered into between the
Participant and the trustee. Equitable performs services specified in the
Agreement on behalf of the trustee. The trustee (or employer, or other plan
administrator and not Equitable) is responsible for monitoring compliance with
Code and ERISA requirements and the requirements of the particular plan. The
trustee will make payments to Equitable.
The trustee of a qualified plan purchasing an EQUI-VEST Corporate Trusteed
Contract may set any interest rate for a loan so long as it is not less than 6%
nor more than the maximum rate permitted by applicable law. The trustee
(Contract Owner) must bill the plan participant (Annuitant) for the difference,
if any, between 6% and the rate the trustee charges. Under the
3
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terms of the Code and ERISA, if an unreasonably high or low rate of interest is
charged for loans, the plan may be disqualified and the amount of the loan may
be treated as a taxable distribution. In that case, the trustee would be
required to report the "deemed" distribution to the Internal Revenue Service
(IRS).
For Corporate Trusteed Contracts, the "loan effective date" means either (1) the
first day of the month following the date the loan agreement, properly completed
and signed by the plan participant (Annuitant), is approved by the trustee
(Contract Owner) and received and accepted by us at our Processing Office, if
the loan agreement is received on or before the 15th day of the month, or (2)
the first day of the second month following the date the loan agreement,
properly completed and signed by the plan participant (Annuitant), is approved
by the trustee (Contract Owner) and received and accepted by us at our
Processing Office, if the loan agreement is received after the 15th day of the
month.
The loan amount is based on the Participant's vested interest in the Plan and
the Annuity Account Value of the EQUI-VEST Contract on the loan effective
date.
If loan interest (except interest due at the end of the loan term) or required
principal repayments are not received at our Processing Office within fifteen
days after the due date, or if any loan principal and accrued interest are due
at the end of the loan term, the loan is in default. We will make a partial
withdrawal from the additional loan reserve account in an amount sufficient to
pay the amount due plus any applicable withdrawal charges and any required
income tax withholding. Such a withdrawal could result in a penalty tax or the
disqualification of your EQUI-VEST Corporate Trusteed Contract or the qualified
plan.
The trustee is required to report to the IRS the amount of the default as a
deemed taxable distribution which may also be subject to penalty tax.
Non-ERISA TSA Loans
The minimum loan amount is $3,000 and the maximum is $50,000 (less the highest
outstanding loan balance in the preceding twelve calendar months less the
outstanding balance of all loans from the employer's qualified plan on the date
the loan is made). The maximum amount of the loan is 80% of the Annuity Account
Value, if the amount of the Annuity Account Value is at least $3,750 but less
than $12,500; $10,000 if the amount of the Annuity Account Value is at least
$12,500 but less than $20,000; or 50% of the Annuity Account Value if the amount
of the Annuity Account Value is $20,000 or more.
ERISA TSA Loans
The minimum loan amount is $1,000; the maximum is 50% of the Annuity Account
value, but not more than $50,000. The $50,000 maximum is reduced by the excess
of the highest outstanding loan balance in the preceding twelve calendar months,
less the outstanding balance of any loans under all the employer's qualified
plans on the date the loan is effective.
Equitable will set a reasonable interest rate for plan loans as defined below,
unless the plan administrators notify us of their intent to set their own rate.
If we set the rate, it will be equal to the Prime Rate (the base rate on
corporate loans posted by at least 75% of the nation's 30 largest banks) as
published in the Wall Street Journal on the first Monday of the last month of
the calendar quarter prior to the effective date of the loan, plus one
percentage point (1.00%).
Non-ERISA and ERISA TSA Loans
The Annuity Account Value is measured on the "Loan Effective Date" which is the
first day of the month following the date we approve a properly completed loan
request form.
There are a number of Rules governing the minimum and maximum that can be
requested for a loan. These rules are described on the loan request form. This
form should be reviewed carefully prior to requesting a loan.
If a required loan repayment on a TSA Contract is not made, we will treat the
amount equal to the interest and principal payment due as a default. We will
also deduct a default charge (as described below) and, if applicable, any
required income tax withholding. We will treat such amount (plus any required
income tax withholding) as a "deemed distribution." Such amount will be taxable
and also may be subject to a penalty tax.
4
<PAGE>
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The default charge on the amount of deemed distribution is equal to the
applicable withdrawal charge which would have applied if such amount had been
withdrawn from the Contract.
Amounts in default will be in the loan reserve account in suspense until Federal
tax rules permit such amounts to be deducted from the TSA Contract to repay your
obligation to us.
Currently we default your loan on a missed-payment-by-missed-payment basis, but
under proposed Federal regulations, we may be required to default the entire
unpaid loan balance and unpaid interest at the time of the default. Under these
proposed regulations, we could be required to treat the entire remaining
outstanding balance of the loan (including any unpaid interest) as a deemed
taxable distribution in the year of the default which is subject to income tax
reporting and early distribution tax penalty. See Part 9 of the Prospectus. If
your contract is subject to Federal income tax withdrawal restrictions at the
time you default, because of the interplay between Federal income tax rules and
State insurance law requisites, we may be required to continue to charge
interest and credit interest on the unpaid loan balance until such defaulted
payment liability can be satisfied by an actual distribution. This may result in
additional taxable income to you. Interest credited on amounts in default could
result in additional taxable income in the amount of the interest credited and
could be subject to a penalty tax. See "Penalty Tax on Early Distributions" and
"Distributions from Qualified Plans and TSAs" in Part 9 of the Prospectus.
- --------------------------------------------------------------------------------
PART 2 -- TAX RULES:
SPECIAL ASPECTS
CERTAIN DISTRIBUTIONS FROM TRUSTEED CONTRACTS
In the case of an EQUI-VEST Trusteed Contract, the trustee, as Contract Owner,
may transfer ownership of the Contract to the Annuitant in certain
circumstances. This transfer constitutes a distribution from a qualified plan.
Although the Annuitant will receive a tax information report on the distribution
from the plan administrator, this transaction is not a taxable event to the
Annuitant until any payments are made under the transferred Contract. The
transfer of ownership from the Trustee to the Annuitant is not an IRA rollover.
If they otherwise qualify as "eligible rollover distributions," amounts
distributed from the Contract, however, may subsequently be directly rolled over
into an individual retirement arrangement or another qualified retirement plan.
SIMPLIFIED EMPLOYEE PENSION PLAN (SEPS)
When an employer establishes a SEP for its employees, contributions for each
eligible employee can be made under a Contract issued as an IRA.
Contributions. Due to statutory limits, in 1997 an employer's contribution to a
SEP for an employee, including any salary reduction contributions, cannot exceed
the lesser of $24,000 or 15% of the employee's compensation. The employee's
compensation is determined without taking into account the employer's
contribution to the SEP, and is statutorily limited to $150,000 as adjusted for
cost of living changes ($160,000 in 1997).
The employer must make a contribution for each employee who has reached age 21
and has worked for the employer during at least three of the preceding five
years. Contributions are not required for employees who (1) earn less than $300
as indexed for inflation ($400 in 1997) in a year, (2) are covered by a
collective bargaining agreement or (3) are non-resident aliens who receive no
earned income from the employer from sources within the United States.
Generally, SEP plans are maintained on a calendar year basis.
Employer contributions must be made under a written program which provides that
(i) withdrawals are permitted, (ii) contributions are made under an allocation
formula and (iii) bear a uniform relationship to compensation. Contributions
cannot discriminate in favor of highly compensated employees. Contributions to
the SEP may take employer-paid Social Security benefits into account, provided
the level of integration satisfies the limits contained in the Code.
Except as otherwise indicated in this section, all of the IRA rules discussed in
Part 9 of the prospectus, including those
5
<PAGE>
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relating to revocation, distributions and penalties for early, minimum and
excess distributions, apply to SEPs.
Provided that the plan was established prior to January 1, 1997, employers with
25 or fewer eligible employees for the prior taxable year may allow such
employees to make salary reduction contributions to a SEP (SARSEP). SARSEP plans
may not be established after 12/31/96. New participants may be added after that
date as long as the plan was in effect prior to 1/1/97. SARSEP arrangements can
be offered only if at least 50% of the eligible employees elect to participate
in the SARSEP. Special nondiscrimination rules apply to highly compensated
employees in a SARSEP. The percentage of compensation deferred by any eligible
highly compensated employee cannot exceed 125% of the average deferred
compensation percentage for all eligible non-highly compensated employees. In
addition, rules similar to those applicable to 401(k) programs and salary
reduction TSAs apply to require distributions of excess elective deferrals and
excess contributions.
PENALTIES FOR EXCESS DEFERRALS
If an individual's aggregate elective deferrals under 401(k) programs, SARSEPs
and TSAs exceed the permitted elective deferral limit in any taxable year
(generally $7,000 as indexed; $9,500 in 1997), the individual will be taxed
twice on the excess deferral -- once in the year of the deferral and again when
a distribution occurs. If the individual notifies the affected plan or plans
and, by April 15 of the following year, receives a distribution of the excess
deferral and related income, the excess deferral will only be taxed in the year
of deferral. Any related income will be taxed in the year of the distribution.
The distribution of the excess deferral plus income is not treated as a
withdrawal of restricted funds, is not subject to the 10% penalty tax on early
retirement distributions and is not an eligible rollover distribution subject to
20% mandatory federal income tax withholding. If excess deferrals remain in the
plan, the plan may be disqualified.
PENALTIES IMPOSED ON EMPLOYERS FOR EXCESS CONTRIBUTIONS
A non-tax-exempt employer is subject to a 10% penalty tax for nondeductible
contributions to a qualified plan or SEP.
If a 401(k) program or defined contribution plan with an employer matching
feature receives employer contributions for highly compensated employees which
exceed applicable nondiscrimination limits for any plan year, the employer is
subject to a 10% penalty on any such excess contributions. The employer may
avoid the penalty if the plan distributes the excess, plus income, within 2 1/2
months after the close of the plan year.
Unless the amount distributed is under $100, the recipient of the distribution
is taxed on the distribution and the related income in the year the contribution
was made. Such a distribution is not treated as a withdrawal of restricted
funds, is not subject to the 10% penalty tax on early retirement distributions
and is not an eligible rollover distribution subject to 20% mandatory Federal
income tax withholding.
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PART 3 -- REQUIRED MINIMUM DISTRIBUTIONS OPTION
If you elect this feature designed for Annuitants age 70 1/2 or older, described
in the prospectus, each year we calculate your minimum distribution based on the
Annuity Account Value as of December 31 of the prior calendar year and then
calculating the minimum distribution amount based on the various choices you
make. This does not apply to NQ Contracts.
You may choose whether the Required Minimum Distribution will be calculated
based on your life expectancy alone, or based on the joint life expectancies of
you and your spouse. You may also choose (1) to have us recalculate your life
expectancy (or joint life expectancy) each year, or (2) not recalculate your
life expectancy. If you have chosen a joint-life expectancy method of
calculation with your spouse, you may choose to either have both lives
recalculated or not recalculated.
When we recalculate life expectancy, that means that each calendar year we see
what each individual's life expectancy is under Treasury Regulations. If life
expectancy is not recalculated, it means that it is determined once, for the
initial year, and in every subsequent year that number is reduced by one more
year.
6
<PAGE>
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If you do not specify a method, we will base a calculation on your life
expectancy alone, recalculating it each year. If you do not specify that we
should recalculate life expectancy, you cannot later apply your Annuity Account
Value to an annuity payout.
The minimum distribution calculation takes into account partial withdrawals made
during the current calendar year but prior to the date we determine your minimum
distribution amount, except that when the Required Minimum Distribution is
elected in the year in which the Annuitant attains age 71 1/2, no adjustment for
partial withdrawals will be made for any withdrawals made between January 1 and
April 1 of the year in which the election is made.
Our Required Minimum Distribution Option should not be elected if the Annuitant
continues to work beyond age 70 1/2 and contributions continue to be made into
the Contract. To do so could result in an insufficient distribution. You must
request the amount to be separately calculated each year to ensure that you
withdraw the correct amount.
Note that our automated Required Minimum Distribution Option does not provide
for all the flexibility provided by Federal law. For example, Federal law
permits you to recalculate your life expectancy and not your spouse's and to
choose the joint-life expectancy method with a beneficiary other than your
spouse. See your tax advisor.
- -------------------------------------------------------------------------------
PART 4 -- ACCUMULATION UNIT VALUES
Accumulation Unit Values are determined at the end of each Valuation Period for
each of the Investment Funds. The Accumulation Unit Values for EQUI-VEST may
vary. The method of calculating Accumulation Unit Values is set forth below.
The Accumulation Unit Value for an Investment Fund for any Valuation Period is
equal to the Accumulation Unit Value for the preceding Valuation Period
multiplied by the Net Investment Factor for that Investment Fund for that
Valuation Period. The NET INVESTMENT FACTOR is
| a |
| --- | - c where:
| b |
(a) is the value of the Investment Fund's shares of the corresponding Portfolio
at the end of the Valuation Period before giving effect to any amounts
allocated to or withdrawn from the Investment Fund for the Valuation
Period. For this purpose, we use the share value reported to us by The
Hudson River Trust. This share value is after deduction for investment
advisory fees and direct expenses of The Hudson River Trust.
(b) is the value of the Investment Fund's shares of the corresponding Portfolio
at the end of the preceding Valuation Period (after any amounts allocated
or withdrawn for that Valuation Period).
(c) is the daily Separate Account asset charge for the expenses of the
contracts times the number of calendar days in the Valuation Period, plus
any charge for taxes or amounts set aside as a reserve for taxes.
- -------------------------------------------------------------------------------
PART 5 -- CALCULATION OF ANNUITY PAYMENTS
The calculation of monthly annuity payments under a Contract takes into account
the number of annuity units of each Investment Fund credited under a Contract,
their respective annuity unit values, and a Net Investment Factor. The annuity
unit values used for EQUI-VEST may vary, although the method of calculating
annuity unit values set forth below applies to all. Annuity unit values will
also vary by Investment Fund.
For each Valuation Period, the adjusted Net Investment Factor is equal to the
Net Investment Factor for the Fund reduced for each day in the Valuation Period
by:
o .00013366 of the Net Investment Factor for a Contract with an assumed base
rate of net investment return of 5% a year; or
o .00009425 of the Net Investment Factor for a Contract with an assumed base
rate of net investment return of 3 1/2%.
Because of this adjustment, the annuity unit value rises and falls depending on
whether the
7
<PAGE>
- -------------------------------------------------------------------------------
actual rate of net investment return (after charges) is higher or lower than the
assumed base rate.
The assumed base rate will be 5%, except in states where that rate is not
permitted. Annuity payments based upon an assumed base rate of 3 1/2% will at
first be smaller than those based upon a 5% assumed base rate. Payments based
upon a 3 1/2% rate, however, will rise more rapidly when unit values are rising,
and payments will fall more slowly when unit values are falling than those based
upon a 5% rate.
The amounts of variable annuity payments are determined as follows:
Payments normally start on the Business Day specified on your election form, or
on such other future date as specified therein. The first three monthly payments
are the same. The initial payment will be calculated using the basis guaranteed
in the applicable EQUI-VEST Contract or our current basis whichever would
provide the higher initial benefit.
The first three payments depend on the assumed base rate of net investment
return and the form of annuity chosen (and any fixed period). If the annuity
involves a life contingency, the risk class and the age of the Annuitants will
affect payments.
Payments after the first three will vary according to the investment performance
of the Investment Fund(s) selected to fund the variable payments. After that,
each monthly payment will be calculated by multiplying the number of annuity
units credited by the average annuity unit value for the selected fund for the
second calendar month immediately preceding the due date of the payment. The
number of units is calculated by dividing the first monthly payment by the
annuity unit value for the Valuation Period which includes the due date of the
first monthly payment. The average annuity unit value is the average of the
annuity unit values for the Valuation Periods ending in that month.
Illustration of Calculation of Annuity Payments. To show how we determine
variable annuity payments, assume that the Annuity Account Value for an
EQUI-VEST Series 100 Contract on a retirement date is enough to fund an annuity
with a monthly payment of $100 and that the annuity unit value of the selected
Investment Fund for the Valuation Period that includes the due date of the first
annuity payment is $3.74. The number of annuity units credited under the
Contract would be 26.74 (100 divided by 3.74 = 26.74). Based on a hypothetical
average annuity unit value of $3.56 in October 1995, the annuity payment due in
December 1995 would be $95.19 (the number of units (26.74) times $3.56).
The examples below (which exclude the Alliance Small Cap Growth Portfolio and
the EQAT Portfolios) show what the annuity payment would have been for December
31, 1996 for each base rate of net investment return, assuming that $100,000 was
applied at the beginning of each period shown, for a female age 75, to purchase
a variable Life Annuity with 10 Years Period Certain, with initial payment of
$714.56 and $793.28, using assumed base rates of 3.50% and 5.00% respectively:
BASE ONE THREE FIVE TEN SINCE
RATE YEAR YEARS YEARS YEARS INCEPTION
- -------------------------------------------------------------------------------
Alliance Money 3.50% 716.35 716.17 693.91 784.55 --
Market 5.00% 786.19 763.37 718.20 756.54 --
Alliance
Intermediate
Government 3.50% 704.15 693.82 735.97 -- 795.66
Securities 5.00% 773.18 739.68 762.03 -- 814.86
Alliance Quality 3.50% 705.88 712.40 -- -- 700.37
Bond 5.00 774.68 759.48 -- -- 743.94
Alliance High 3.50% 816.26 866.87 1,089.16 1,274.03 --
Yield 5.00% 898.03 924.16 1,127.73 1,228.45 --
Alliance Growth 3.50% 762.11 854.36 -- -- 842.06
& Income 5.00% 836.40 910.83 -- -- 894.45
Alliance Equity 3.50% 788.28 -- -- -- 996.12
Index 5.00% 865.12 -- -- -- 1,064.50
Alliance Common 3.50% 795.02 935.87 1,094.81 1,817.17 --
Stock 5.00% 872.52 998.23 1,134.71 1,757.73 --
Alliance Global 3.50% 750.63 853.12 1,018.75 -- 1,236.19
5.00% 824.02 909.50 1,054.81 -- 1,201.33
Alliance 3.50% 733.56 -- -- -- 783.75
International 5.00% 805.07 -- -- -- 850.99
Alliance
Aggressive 3.50% 820.36 945.07 972.33 2,254.89 --
Stock 5.00% 900.34 1,006.33 1,003.82 2,157.52 --
The Alliance
Asset
Allocation
Series:
Alliance
Conservative 3.50% 700.57 735.13 782.52 -- 923.66
Investors 5.00% 768.86 783.71 810.23 -- 925.54
Alliance Balanced 3.50% 739.57 739.97 733.51 1,141.76 --
5.00% 811.66 789.22 759.86 1,104.16 --
Alliance Growth 3.50% 743.76 827.28 908.98 -- 1,398.03
Investors 5.00% 816.26 881.95 941.16 -- 1,400.88
8
<PAGE>
- -------------------------------------------------------------------------------
PART 6 -- THE REORGANIZATION
Equitable Life established Separate Account A as a stock account on August 1,
1968. It was one of four separate investment accounts used to fund retirement
benefits under variable annuity certificates issued by us. Each of these
separate accounts, which included the predecessors to the Alliance Money Market
Fund, the Alliance Balanced Fund, the Alliance Common Stock Fund and the
Alliance Aggressive Stock Fund, was organized as an open-end management
investment company, with its own investment objectives and policies.
Collectively these separate accounts, as well as two other separate accounts
which had been used to fund retirement benefits under certain other annuity
contracts, are called the Predecessor Separate Accounts.
On December 18, 1987, the Predecessor Separate Accounts were combined in part
and reorganized into the Alliance Money Market, Alliance Balanced, Alliance
Common Stock and Alliance Aggressive Stock Funds of the Separate Account. In
connection with the Reorganization, all of the assets and investment-related
liabilities of the Predecessor Separate Accounts were transferred to a
corresponding portfolio of The Equitable Trust in exchange for shares of the
portfolios of The Equitable Trust, which were issued to these corresponding
Investment Funds of the Separate Account. As described in "Part 3: Investment
Performance" in the prospectus, on September 6, 1991, all of the shares of The
Equitable Trust held by these Investment Funds were replaced by shares of
Portfolios of The Hudson River Trust corresponding to these Investment Funds of
the Separate Account.
- -------------------------------------------------------------------------------
PART 7 -- ALLIANCE MONEY MARKET FUND YIELD INFORMATION
The Alliance Money Market Fund calculates yield information for seven-day
periods. To determine the seven-day rate of return, the net change in an
Accumulation Unit Value is computed by subtracting the Accumulation Unit Value
at the beginning of the period from an Accumulation Unit Value, exclusive of
capital changes, at the end of the period.
The net change is then reduced by the average administrative charge factor for
your contract. This reduction is made to recognize the deduction of the annual
administrative charge, which is not reflected in the unit value. See the
applicable "Administrative Charge" section in Part 7 of the prospectus.
Accumulation Unit Values reflect all other accrued expenses of the Alliance
Money Market Fund.
The adjusted net change is divided by the Accumulation Unit Value at the
beginning of the period to obtain the adjusted base period rate of return. This
seven-day adjusted base period return is then multiplied by 365/7 to produce an
annualized seven-day current yield figure carried to the nearest one-hundredth
of one percent.
The actual dollar amount of the annual administrative charge for EQUI-VEST that
is deducted from the Alliance Money Market Fund will vary for each contract and
the percentage of the aggregate Annuity Account Value allocated to the Alliance
Money Market Fund. To determine the effect of the annual administrative charge
on the yield, we start with the actual aggregate annual administrative charges,
as a percentage of total assets held under EQUI-VEST. This amount is multiplied
by 7/365 to produce an average administrative charge factor which is used in
weekly yield computations for the ensuing year. The average administrative
charge is then divided by the number of Alliance Money Market Fund Accumulation
Units for the EQUI-VEST Series Contract as of the end of the prior calendar
year, and the resulting quotient is deducted from the net change in Accumulation
Unit Value for the seven-day period.
The effective yield is obtained by modifying the current yield to give effect to
the compounding nature of the Alliance Money Market Fund's investments, as
follows: the unannualized adjusted base period return is compounded by adding
one to the adjusted base period return, raising the sum to a power equal to 365
divided by 7, and subtracting one from the result, i.e., effective yield = (base
period return +1) 365/7-1. The Alliance Money Market Fund yields will fluctuate
daily. Accordingly, yields for any given period are not necessarily
representative of future results. In addition, the value of Accumulation Units
of the Alliance Money Market Fund will fluctuate and not remain constant.
9
<PAGE>
- -------------------------------------------------------------------------------
The Alliance Money Market Fund yields reflect charges that are not normally
reflected in the yields of other investments and therefore may be lower when
compared with yields of other investments. Alliance Money Market Fund yields
should not be compared to the return on fixed-rate investments which guarantee
rates of interest for specified periods, such as the Guaranteed Interest Account
or bank deposits. The yield should not be compared to the yield of money market
funds made available to the general public because their yields usually are
calculated on the basis of a constant $1 price per share and they pay out
earnings in dividends which accrue on a daily basis.
While the Alliance Money Market Fund yields will vary among the different
EQUI-VEST Contracts, the same method of calculating Alliance Money Market Fund
yields applies. The seven-day current yield and effective yield figures set
forth below reflect the highest charges that are currently being assessed under
any EQUI-VEST Contract and are for illustrative purposes only.
The seven-day current yield for the Alliance Money Market Fund was 3.65% for the
period ended December 31, 1996. The effective yield for the Alliance Money
Market Fund for that period was 3.71%. Because these yields reflect the
deduction of Separate Account expenses, including the annual or quarterly
administrative charge, they are lower than the corresponding yield figures for
the Alliance Money Market Portfolio which reflect only the deduction of
Trust-level expenses.
- -------------------------------------------------------------------------------
PART 8 -- OTHER YIELD INFORMATION
Thirty-day yields may vary according to the series of your EQUI-VEST Contract,
although the same method of calculating Fund yields applies. The yield figures
set forth below reflect the highest charges that are currently being assessed
under any series of EQUI-VEST Contract.
The effective yield is obtained by giving effect to the compounding nature of
the Fund's investments, as follows: the sum of the 30-day adjusted return, plus
one, is raised to a power equal to 365 divided by 30, and subtracting one from
the result.
The 30-day yields for the period ended December 31, 1996 were 4.06% for the
Alliance Intermediate Government Securities Fund, 4.45% for the Alliance Quality
Bond Fund and 9.14% for the Alliance High Yield Fund. Because these yields
reflect the deduction of Separate Account expenses, including the annual
administrative charge, they are lower than the yield figures for the
corresponding Portfolios which reflect only the deduction of Trust-level
expenses.
- -------------------------------------------------------------------------------
PART 9 -- DISTRIBUTION
EQ Financial Consultants, Inc. (EQF), a wholly owned subsidiary of Equitable
Life, performs all sales functions for the Separate Account and may be deemed to
be its principal underwriter under the 1940 Act. EQF is also an underwriter of
HRT and EQAT. EQF is registered with the SEC as a broker-dealer under the
Securities Exchange Act of 1934 (EXCHANGE ACT) and is a member of the National
Association of Securities Dealers, Inc. EQF's principal business address is 1755
Broadway, New York, New York 10019. The EQUI-VEST Contract is sold by Equitable
Agents who are registered representatives of EQF.
- -------------------------------------------------------------------------------
PART 10 -- KEY FACTORS IN RETIREMENT PLANNING
INTRODUCTION
Equitable offers retirement programs that are available to help meet the
retirement needs of individuals and of employers, businesses, and certain
tax-exempt organizations. In assessing these retirement needs, some key factors
need to be addressed: (1) the impact of inflation on fixed retirement incomes;
(2) the importance of starting to plan early for retirement; (3) the benefits of
tax deferral; and (4) the selection of an appropriate investment strategy. Each
of these factors is addressed below.
Unless otherwise noted, all of the following presentations use an assumed annual
rate of return of 7.5% compounded annually. This rate of return is for
illustrative purposes only and is not intended to represent an expected or
guaran-
10
<PAGE>
- -------------------------------------------------------------------------------
teed rate of return for any investment vehicle. In addition, unless otherwise
noted, none of the illustrations reflect any charges that may be applied under a
particular investment vehicle. Such charges would effectively reduce the actual
return under any investment vehicle.
All earnings in these presentations are assumed to accumulate tax deferred
unless otherwise noted. Most programs designed for retirement savings offer tax
deferral. Amounts withdrawn generally are taxable and a 10% penalty tax may
apply to premature withdrawals. Certain retirement programs prohibit early
withdrawals. See "Part 9: Federal Tax and ERISA Matters" in the prospectus.
Where taxes are taken into consideration in these presentations, a 28% tax rate
is assumed.
The source of the data used by us to compile the charts which appear in this
section (other than charts 1, 2, 3 and 4) is Ibbotson Associates, Inc. Chicago.
Stocks, Bonds, Bills and Inflation 1997 Yearbook(TM). All rights reserved.
In reports or other communications or in advertising material, we may make use
of these or other graphic or numerical illustrations that we prepare showing the
impact of inflation, planning early for retirements, tax deferral,
diversification and other concepts important to retirement planning.
INFLATION
Inflation erodes purchasing power. This means that, in an inflationary period,
the dollar is worth less as time passes. Because many people live on a fixed
income during retirement, inflation is of particular concern to them. The charts
at the right illustrate the detrimental impact of inflation over an extended
period of time. Between 1966 and 1996, the average annual inflation rate was
5.39%. As demonstrated in Chart 1, this 5.39% average annual rate of inflation
would cause the purchasing power of $35,000 to decrease to only $7,246 after 30
years.
In Chart 2, the impact of inflation is examined from another perspective.
Specifically, the chart illustrates the additional income needed to maintain the
purchasing power of $35,000 over a thirty-year period. Again, the 1966-1996
historical inflation rate of 5.39% is used. In this case, an additional $134,064
would be required to maintain the purchasing power of $35,000 after 30 years.
CHART1
[GRAPHIC OMITTED]
The following table of values was represented graphically in a vertical bar
graph which appears as Chart 1 on page 11 in the printed Statement of Additional
Information:
Today $35,000
- ----- -------
10 Years $20,705
20 Years $12,248
30 Years $7,246
CHART 2
[GRAPHIC OMITTED]
The following table of values was represented graphically in a vertical bar
graph which appears as Chart 2 on page 11 in the printed Statement of Additional
Information:
Today $35,000 Increase Needed:
- ----- ------- ----------------
10 Years $59,165 $ 24,165
20 Years $100,013 $ 65,013
30 Years $169,064 $134,064
11
<PAGE>
- -------------------------------------------------------------------------------
STARTING EARLY
The impact of inflation accentuates the need to begin a retirement program
early. The value of starting early is illustrated in the following charts. As
shown in Chart 3, if an individual makes annual contributions of $2,500 to his
retirement program beginning at age 30, he would accumulate $414,551 by age 65
under the assumptions described earlier. If that individual waited until age 50,
he would only accumulate $70,193 by age 65 under the same assumptions.
CHART 3
[GRAPHIC OMITTED]
The following table of values was represented graphically in a tinted line
graph which appears as Chart 3 on page 12 in the printed Statement of Additional
Information:
Age 50 Age 40 Age 30
------ ------ ------
30 $0 $0 $0
35 $0 $0 $20,000
40 $0 $0 $35,000
45 $0 $15,000 $75,000
50 $0 $40,000 $110,000
55 $20,000 $65,000 $180,000
60 $40,000 $115,000 $275,000
65 $70,193 $182,691 $414,551
In Table 1, the impact of starting early is demonstrated in another format. For
example, if an individual invests $300 monthly, he would accumulate $387,193 in
thirty years under our assumptions. In contrast, if that individual invested the
same $300 per month for 15 years, he would accumulate only $97,804 under our
assumptions.
Table 1
MONTHLY
CONTRI- YEAR YEAR YEAR YEAR YEAR
BUTION 10 15 20 25 30
- -------------------------------------------------------------
$ 20 $ 3,532 $ 6,520 $ 10,811 $ 16,970 $ 25,813
50 8,829 16,301 27,027 42,425 64,532
100 17,659 32,601 54,053 84,851 129,064
200 35,317 65,202 108,107 169,701 258,129
300 52,976 97,804 162,160 254,552 387,193
Chart 4 presents an additional way to demonstrate the significant impact of
starting to make contributions to a retirement program earlier rather than
later. It assumes that an individual had a goal to accumulate $250,000 (pre-tax)
by age 65. If he starts at age 30, under our assumptions he could reach the goal
by making a monthly pre-tax contribution of $130 (equivalent to $93 after
taxes). The total net cost for the 30-year-old in this hypothetical example
would be $39,265. If the individual in this hypothetical example waited until
age 50, he would have to make a monthly pre-tax contribution of $747 (equivalent
to $552 after taxes) to attain the goal, illustrating the importance of starting
early.
CHART 4
[GRAPHIC OMITTED]
The following table of values was represented graphically in a vertical bar
graph which appears as Chart 4 on page 12 of the printed Statement of Additional
Information:
Goal: $250,000 by age 65
------------------------
Net Cost Tax Savings and Tax-deferred Earnings at 7.5%
-------- ---------------------------------------------
$93 a month $39,265 $210,735
$212 a month $63,641 $186,359
$552 a month $99,383 $150,617
TAX DEFERRAL
Contributing to a retirement plan early is part of an effective strategy for
addressing the impact of inflation. Another part of such a strategy is to
carefully select the types of retirement programs in which to invest. In
deciding where to invest retirement contributions, there are three basic types
of programs.
The first type offers the most tax benefits and, therefore, is potentially the
most beneficial for accumulating funds for retirement. Contributions are made
with pre-tax dollars or are tax deductible and earnings grow income tax
12
<PAGE>
- -------------------------------------------------------------------------------
deferred. Examples of this type of program that permit individuals to make
contributions through personal savings or indirectly through employer-offered
salary deferrals are deductible Individual Retirement Annuities (IRAs);
Tax-Sheltered Annuities (TSAs); Employee Deferred Compensation plans (EDCs);
401(k) plans; Salary Reduction Simplified Employee Pensions (SARSEPs); and
SIMPLE IRAs.
Of course, not every individual is eligible to take advantage of these programs.
Examples of this type of program which are employer funded are qualified defined
contribution plans, SEPs and HR-10 (Keogh) Plans.
The second type of program also provides for tax-deferred earnings growth;
however, contributions are made with after-tax dollars. Examples of this type
of program are non-deductible IRAs and non-qualified annuities.
The third approach to retirement savings is fully taxable. Contributions are
made with after-tax dollars and earnings are taxed each year. Examples of this
type of program include certificates of deposit, savings accounts and taxable
stock, bond or mutual fund investments.
Consider an example. For the type of retirement program that offers both pre-tax
contributions and tax deferral, assume that a $2,500 annual pre-tax contribution
is made for thirty years. In this example, the retirement funds would be
$199,607 after thirty years (assuming a 7.5% rate of return, no withdrawals and
assuming the deduction of a 1.75% Separate Account daily asset and Trust annual
expense charges and a $30 administrative charge -- but no contingent withdrawal
charge) and such funds would be $277,886 without the effect of any charges.
Assuming a lump sum withdrawal was made in year thirty and a 28% tax bracket,
these amounts would be $143,717 and $200,078, respectively.
For the type of program that offers only tax deferral, assume an after-tax
annual contribution of $1,800 for thirty years and the same rate of return. This
after-tax contribution is derived by taxing the $2,500 pre-tax contribution
again assuming a 28% tax bracket. In this example, the retirement funds would be
$143,468 after thirty years assuming the deduction of charges and no
withdrawals, and $200,078 without the effect of charges. Assuming a lump sum
withdrawal in year thirty, the total after-tax amount would be $118,417 with
charges deducted and $159,176 without charges.
For the fully taxable investment, assume an after-tax contribution of $1,800 for
thirty years. Earnings are taxed annually. After thirty years, the amount of
this fully taxable investment is $135,058. Keep in mind that taxable investments
have fees and charges, too (investment advisory fees, administrative charges,
12b-1 fees, sales loads, brokerage commissions, etc). We have not attempted to
apply these fees and charges to the fully taxable amounts since this is intended
merely as an example of tax deferral. Were such charges applied, the amounts in
the fully taxable example would be lower. Again, it must be emphasized that the
assumed rate of return of 7.5% compounded annually used in these examples is for
illustrative purposes only and is not intended to represent a guaranteed or
expected rate of return on any investment vehicle. Moreover, early withdrawals
of tax-deferred investments are generally subject to a 10% penalty tax.
INVESTMENT OPTIONS
Selecting an appropriate retirement program is clearly an important part of an
effective retirement planning strategy. Carefully choosing among investment
options is another essential component.
As demonstrated in Chart 5, during the 1966-1996 period, common stock average
annual returns outperformed the average annual returns of fixed investments,
such as long-term government bonds and Treasury Bills (T-bills). See "Notes" at
the end of this section. Common stocks earned an average annual return of 11.85%
over this period, in contrast to 7.75% and 6.73% for the other two investment
categories, respectively. Significantly, common stock returns also outpaced
inflation, which grew at 5.39% over this period.
13
<PAGE>
- -------------------------------------------------------------------------------
CHART 5
[GRAPHIC OMITTED]
The following table of values was represented graphically as a vertical bar
graph which appears as Chart 5 on page 14 of the printed Statement of Additional
Information:
Average Annual Returns 1966 - 1996
- ----------------------------------
T-bills 6.73%
Long-Term Government Bonds 7.75%
Common Stock (S&P 500) 11.85%
Inflation 5.39%
While Chart 5 illustrates that investments in common stocks outperformed
fixed-income investments for the 1966-1996 period, many people prefer to
diversify their investments by selecting a mix of fixed-income and growth
investments. In Chart 6, the growth of a $1,000 investment is shown given
various mixes of fixed-income and growth investments. See "Notes" at the end of
this section.
CHART 6
[GRAPHIC OMITTED]
The following table of values was represented graphically as a vertical bar
graph which appears as Chart 6 on page 14 of the printed Statement of Additional
Information:
Growth of $1,000 1966 - 1996
- ----------------------------
100% T-bills $7,402
70% Long-Term Government Bonds/30% Common Stock $14,024
50% Long-Term Government Bonds/50% Common Stock $17,289
100% Common Stock $25,863
Although common stock returns have historically outpaced returns of fixed
investments, people often allocate a significant percentage of their retirement
funds to fixed-return investments. Their primary concern is the preservation of
principal. Given this concern, Chart 7 illustrates the impact of exposing only
the interest generated by a fixed investment to the stock market. In this
illustration, the fixed investment is represented by a Treasury Bill return and
the stock investment is represented by the Standard & Poor's 500 ("S&P 500").
The chart assumes that a $20,000 fixed investment was made on January 1, 1980.
If the interest on that investment were to accumulate based upon the return of
the S&P 500, the total investment would have been worth $157,783 in 1996. Had
the interest been reinvested in the fixed investment, the fixed investment would
have grown to $65,623. As illustrated in Chart 7, significant opportunities for
growth exist while preserving principal. See "Notes" at the end of this section.
CHART 7
[GRAPHIC OMITTED]
The following table of values was represented graphically as a line graph which
appears as Chart 7 on page 14 of the printed Statement of Additional
Information:
$157,783 With $65,623 Without
Interest Exposed Interest Exposed
to Stock Market to Stock Market
(S&P 500) (S&P 500)
--------- ---------
80 20,160 20,160
20,338 20,339
20,547 20,586
20,823 20,845
21,031 21,014
21,183 21,142
21,369 21,254
21,515 21,390
21,708 21,550
21,930 21,755
22,333 21,964
22,522 22,252
81 22,619 22,483
22,888 22,724
23,239 22,999
23,386 23,247
23,637 23,514
23,878 23,832
24,129 24,127
24,156 24,436
24,196 24,739
24,659 25,039
25,079 25,306
25,118 25,527
82 25,195 25,731
25,113 25,968
25,278 26,222
25,722 26,518
25,770 26,799
25,861 27,057
25,945 27,341
26,850 27,549
27,028 27,689
27,937 27,852
28,411 28,028
28,690 28,216
83 29,131 28,410
29,492 28,587
29,965 28,767
30,862 28,971
30,943 29,171
31,495 29,366
31,284 29,584
31,627 29,808
31,938 30,035
31,930 30,263
32,348 30,475
32,418 30,698
84 32,490 30,931
32,222 31,150
32,577 31,378
32,826 31,632
32,297 31,879
32,719 32,118
32,701 32,381
34,295 32,650
34,470 32,931
34,708 33,260
34,705 33,503
35,205 33,717
85 36,503 33,936
36,845 34,133
37,000 34,345
37,089 34,592
38,272 34,820
38,673 35,012
38,748 35,229
38,744 35,423
38,262 35,635
39,208 35,867
40,706 36,086
41,803 36,320
86 42,011 36,524
43,792 36,717
45,230 36,938
45,021 37,130
46,493 37,312
47,036 37,506
45,602 37,701
47,609 37,874
45,430 38,045
46,935 38,220
47,703 38,369
47,070 38,557
87 50,789 38,719
52,147 38,885
53,115 39,068
52,912 39,240
53,327 39,389
55,086 39,578
56,925 39,760
58,441 39,947
57,685 40,127
49,695 40,367
47,333 40,509
49,428 40,667
88 50,743 40,785
52,280 40,972
51,393 41,152
51,824 41,342
52,174 41,553
53,765 41,756
53,732 41,969
52,733 42,217
54,245 42,478
55,302 42,738
54,915 42,981
55,673 43,252
89 58,362 43,490
57,529 43,755
58,548 44,048
60,672 44,343
62,465 44,694
62,377 45,011
66,323 45,326
67,365 45,662
67,310 45,958
66,344 46,271
67,446 46,590
68,687 46,874
90 65,533 47,142
66,234 47,410
67,578 47,714
66,541 48,043
71,214 48,370
70,982 48,674
70,955 49,005
66,481 49,329
64,314 49,625
64,286 49,962
67,252 50,247
68,667 50,548
91 70,922 50,811
74,664 51,055
76,053 51,280
76,316 51,552
78,820 51,794
76,216 52,011
78,945 52,266
80,422 52,507
79,523 52,748
80,405 52,970
78,042 53,176
84,752 53,378
92 83,616 53,560
84,486 53,710
83,290 53,892
85,196 54,065
85,604 54,216
84,717 54,390
87,387 54,558
86,078 54,700
86,890 54,842
87,176 54,969
89,486 55,095
90,453 55,249
93 91,013 55,376
92,016 55,498
93,614 55,637
91,858 55,770
93,843 55,893
94,136 56,033
93,836 56,167
96,699 56,308
96,183 56,454
97,774 56,578
97,093 56,720
98,087 56,850
94 100,753 56,992
98,615 57,112
95,249 57,266
96,281 57,421
97,589 57,605
95,734 57,783
98,297 57,945
101,558 58,159
99,666 58,375
101,566 58,596
98,647 58,813
99,883 59,072
95 102,044 59,320
105,307 59,557
107,925 59,831
110,571 60,095
114,257 60,419
116,566 60,703
119,871 60,976
120,235 61,263
124,521 61,526
124,249 61,816
128,920 62,075
131,003 62,379
96 157,783 65,623
Another variation of the example in Chart 7 is to gradually transfer principal
from a fixed investment into the stock market. Chart 8 assumes that a $20,000
fixed investment was made on January 1, 1980. For the next two years, $540 is
transferred monthly into the stock market (represented by the S&P 500). The
total investment, given this strategy, would have grown to $167,238 in 1996. In
contrast, had the principal not been transferred, the fixed investment would
have grown to $65,623. See "Notes" at the end of this section.
14
<PAGE>
CHART 8
[GRAPHIC OMITTED]
The following table of values was represented graphically as a line graph which
appears as Chart 8 on page 15 of the printed Statement of Additional
Information:
$167,238 With $65,623 Without
Principal Transfer Principal Transfer
------------------ ------------------
80 20,540 20,160
20,702 20,339
20,770 20,586
21,068 20,845
21,425 21,014
21,659 21,142
22,000 21,254
22,149 21,390
22,394 21,550
22,623 21,755
23,446 21,964
23,372 22,252
81 23,246 22,483
23,569 22,724
24,053 22,999
24,031 23,247
24,246 23,514
24,324 23,832
24,514 24,127
24,051 24,436
23,651 24,739
24,397 25,039
25,087 25,306
24,857 25,527
82 24,193 25,731
23,594 25,968
23,618 26,222
24,248 26,518
23,995 26,799
23,892 27,057
23,731 27,341
25,407 27,549
25,647 27,689
27,281 27,852
28,031 28,028
28,386 28,216
83 29,041 28,410
29,568 28,587
30,282 28,767
31,737 28,971
31,721 29,171
32,549 29,366
32,000 29,584
32,424 29,808
32,790 30,035
32,616 30,263
33,176 30,475
33,142 30,698
84 33,104 30,931
32,544 31,150
32,969 31,378
33,202 31,632
32,246 31,879
32,767 32,118
32,593 32,381
34,841 32,650
34,959 32,931
35,133 33,260
35,058 33,503
35,692 33,717
85 37,434 33,936
37,844 34,133
37,970 34,345
37,984 34,592
39,531 34,820
40,023 35,012
40,038 35,229
39,976 35,423
39,254 35,635
40,428 35,867
42,341 36,086
43,701 36,320
86 43,926 36,524
46,184 36,717
47,968 36,938
47,659 37,130
49,498 37,312
50,136 37,506
48,265 37,701
50,769 37,874
47,982 38,045
49,830 38,220
50,767 38,369
49,918 38,557
87 54,519 38,719
56,165 38,885
57,317 39,068
57,035 39,240
57,525 39,389
59,630 39,578
61,849 39,760
63,662 39,947
62,711 40,127
52,932 40,367
50,090 40,509
52,585 40,667
88 54,165 40,785
55,951 40,972
54,862 41,152
55,344 41,342
55,720 41,553
57,582 41,756
57,509 41,969
56,280 42,217
58,018 42,478
59,225 42,738
58,749 42,981
59,588 43,252
89 62,695 43,490
61,691 43,755
62,824 44,048
65,234 44,343
67,232 44,694
67,118 45,011
71,581 45,326
72,728 45,662
72,661 45,958
71,544 46,271
72,760 46,590
74,150 46,874
90 70,617 47,142
71,385 47,410
72,851 47,714
71,676 48,043
76,833 48,370
76,576 48,674
76,526 49,005
71,611 49,329
69,246 49,625
69,192 49,962
72,438 50,247
73,964 50,548
91 76,420 50,811
80,470 51,055
81,977 51,280
82,241 51,552
84,947 51,794
82,165 52,011
85,076 52,266
86,666 52,507
85,709 52,748
86,662 52,970
84,157 53,176
91,300 53,378
92 90,106 53,560
91,047 53,710
89,770 53,892
91,798 54,065
92,244 54,216
91,302 54,390
94,130 54,558
92,765 54,700
93,626 54,842
93,940 54,969
96,377 55,095
97,388 55,249
93 97,994 55,376
99,055 55,498
100,732 55,637
98,899 55,770
100,989 55,893
101,297 56,033
100,991 56,167
103,992 56,308
103,458 56,454
105,136 56,578
104,425 56,720
105,474 56,850
94 108,259 56,992
106,046 57,112
102,533 57,266
103,617 57,421
104,976 57,605
103,062 57,783
105,741 57,945
109,118 58,159
107,170 58,375
109,151 58,596
106,146 58,813
107,426 59,072
95 109,681 59,320
113,071 59,557
115,775 59,831
118,526 60,095
122,319 60,419
124,733 60,703
128,155 60,976
128,547 61,263
132,973 61,526
132,710 61,816
137,525 62,075
139,695 62,379
96 167,238 65,623
Notes
1. Common Stocks: Standard & Poor's (S&P) Composite Index is an unmanaged
weighted index of the stock performance of 500 industrial, transportation,
utility and financial companies. Results shown assume reinvestment of
dividends. Both market value and return on common stock will vary.
2. U.S. Government Securities: Long-term Government Bonds are measured using a
one-bond portfolio constructed each year containing a bond with approximately
a 20-year maturity and a reasonably current coupon. U.S. Treasury Bills are
measured by rolling over each month a one-bill portfolio containing, at the
beginning of each month, the bill having the shortest maturity not less than
one month. U.S. Government securities are guaranteed as to principal and
interest and, if held to maturity, offer a fixed rate of return.
However, market value and return on such securities will fluctuate prior to
maturity.
EQUI-VEST(R) can be effective for diversifying ongoing investments between
various asset categories. In addition, for individuals investing a lump sum,
special features are offered which help address the risk associated with timing
the equity markets. Specifically, an interest sweep function is offered whereby
an individual can initially contribute a lump sum in the Guaranteed Interest
Account and then sweep the interest generated by the investment into any of the
growth-oriented options over a specified period of time. In addition, a
fixed-dollar transfer function is offered whereby an individual can contribute a
lump sum in the Guaranteed Interest Account and then transfer a fixed-dollar
amount into the growth-oriented options over a specified period of time. Neither
of these features can guarantee a profit or assure against loss in a declining
market.
- -------------------------------------------------------------------------------
PART 11 -- LONG-TERM MARKET TRENDS
As a tool for understanding how different investment strategies may affect
long-term results, it may be useful to consider the historical returns on
different types of assets. The following charts present historical return trends
for various types of securities. The information presented, while not directly
related to the performance of the Investment Funds, helps to provide a
perspective on the potential returns of different asset classes over different
periods of time. By combining this information with your knowledge of your own
financial needs (e.g., the length of time until you retire, your financial
requirements at retirement), you may be able to better determine how you wish to
allocate plan contributions among the Investment Options available under your
plan.
Historically, the long-term investment performance of common stocks has
generally been superior to that of long- or short-term debt securities. For
those investors who have many years until retirement, or whose primary focus is
on long-term growth potential and protection against inflation, there may be
advantages to allocating some or all of their Annuity Account Value to those
Investment Funds that invest in stocks.
15
<PAGE>
Growth of $1 Invested on January 1, 1956
(Values are as of last business day)
[GRAPHIC OMITTED]
The following table of values was represented graphically as a shaded line
graph entitled "Growth of $1 Invested on January 1, 1956 (Values are as of last
business day)" which appears on page 16 of the printed Statement of Additional
Information:
Common Stocks Inflation
------------- ---------
1956 1.07 1.03
1957 0.95 1.06
1958 1.36 1.08
1959 1.53 1.09
1960 1.53 1.11
1961 1.95 1.12
1962 1.78 1.13
1963 2.18 1.15
1964 2.54 1.16
1965 2.86 1.19
1966 2.57 1.23
1967 3.18 1.26
1968 3.54 1.32
1969 3.24 1.40
1970 3.37 1.48
1971 3.85 1.53
1972 4.58 1.58
1973 3.91 1.72
1974 2.87 1.93
1975 3.94 2.07
1976 4.88 2.17
1977 4.53 2.31
1978 4.83 2.52
1979 5.72 2.86
1980 7.57 3.21
1981 7.20 3.50
1982 8.74 3.64
1983 10.71 3.77
1984 11.38 3.92
1985 15.04 4.07
1986 17.81 4.12
1987 18.75 4.30
1988 21.90 4.49
1989 28.79 4.70
1990 27.88 4.99
1991 36.40 5.14
1992 39.19 5.29
1993 43.10 5.43
1994 43.67 5.58
1995 60.01 5.72
1996 73.86 5.92
Over shorter periods of time, however, common stocks tend to be subject to more
dramatic changes in value than fixed-income (debt) securities. Investors who are
nearing retirement age, or who have a need to limit short-term risk, may find it
preferable to allocate a smaller percentage of their Annuity Account Value to
those Investment Funds that invest in common stocks. The following graph
illustrates the monthly fluctuations in value of $1 based on monthly returns of
the Standard & Poor's 500 during 1990, a year that reflects the volatility.
inherent in the investment of common stocks.
Growth of $1 invested on January 1, 1990
(Values are as of last business day)
[GRAPHIC OMITTED]
The following table of values was represented graphically as a line graph
entitled "Growth of $1 invested on January 1, 1990 (Values are as of last
business day)" which appears on page 16 of the printed Statement of Additional
Information:
Intermediate Term
Government Bonds Common Stocks
---------------- -------------
1/1/90 1.00 1.00
Jan 0.99 0.93
Feb 0.99 0.94
Mar 0.99 0.97
Apr 0.98 0.95
May 1.01 1.04
Jun 1.02 1.03
Jul 1.04 1.03
Aug 1.03 0.93
Sep 1.04 0.89
Oct 1.06 0.89
Nov 1.08 0.94
Dec 1.10 0.97
The following chart illustrates average annual rates of return over selected
time periods between December 31, 1926 and December 31, 1996 for different types
of securities: common stocks, long-term government bonds, long-term corporate
bonds, intermediate-term government bonds and U.S. Treasury Bills. For
comparison purposes, the Consumer Price Index is shown as a measure of
inflation. The average annual returns shown in the chart reflect capital
appreciation and assume the reinvestment of dividends and interest. No
investment management fees or expenses, and no charges typically associated with
deferred annuity products, are reflected. The information presented is merely a
summary of past experience for unmanaged groups of securities and is neither an
estimate nor guarantee of future performance. Any investment in securities,
whether equity or debt, involves varying degrees of potential risk, in addition
to offering varying degrees of potential reward.
The rates of return illustrated do not represent returns of the Separate
Account. In addition, there is no assurance that the performance of the
Investment Funds will correspond to rates of return such as those illustrated in
the chart.
For a comparative illustration of performance results of the Investment Funds
(which reflect The Hudson River Trust and Separate Account charges), see
"Investment Fund Performance" in Part 3 of the prospectus or the Trust
prospectuses for EQAT and HRT (which do not reflect Separate Account charges).
16
<PAGE>
<TABLE>
<CAPTION>
- ------------------------------------------------------------------------------------------------------------------
MARKET TRENDS:
ILLUSTRATIVE ANNUAL RATES OF RETURN
LONG-TERM INTERMEDIATE- U.S.
FOR THE FOLLOWING PERIODS COMMON LONG-TERM CORPORATE TERM TREASURY CONSUMER
ENDING 12/31/96: STOCKS GOVT. BONDS BONDS GOVT. BONDS BILLS PRICE INDEX
- -----------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C> <C> <C>
1 Year...................... 23.07% -0.93% 2.10% 1.40% 5.21% 3.58%
3 Years..................... 19.66 6.36 4.19 6.72 4.90 2.93
5 Years..................... 15.20 8.98 6.17 8.52 4.22 2.89
10 Years..................... 15.28 9.39 7.77 9.48 5.46 3.70
20 Years..................... 14.55 9.54 9.14 9.71 7.28 5.15
30 Years..................... 11.85 7.75 8.27 8.24 6.73 5.39
40 Years..................... 11.18 6.51 7.08 6.99 5.80 4.47
50 Years..................... 12.59 5.33 5.89 5.76 4.89 4.08
60 Years..................... 11.19 5.06 5.32 5.38 4.10 4.13
Since 1926................... 10.71 5.08 5.21 5.64 3.74 3.12
Inflation adjusted
since 1926................ 7.36 1.90 2.02 2.44 0.60 0.00
</TABLE>
SOURCE: Ibbotson, Roger G., and Rex A. Sinquefield, Stocks, Bonds, Bills, and
Inflation (SBBI), 1982, updated in Stocks, Bonds, Bills and Inflation 1997
Yearbook, Ibbotson Associates, Inc., Chicago. All rights reserved.
COMMON STOCKS (S&P 500) -- Standard and Poor's Composite Index, an unmanaged
weighted index of the stock performance of 500 industrial, transportation,
utility and financial companies.
LONG-TERM GOVERNMENT BONDS -- Measured using a one-bond portfolio constructed
each year containing a bond with approximately a twenty-year maturity and a
reasonably current coupon.
LONG-TERM CORPORATE BONDS -- For the period 1969-1996, represented by the
Salomon Brothers Long-Term, High-Grade Corporate Bond Index; for the period
1946-1968, the Salomon Brothers Index was backdated using Salomon Brothers
monthly yield data and a methodology similar to that used by Salomon Brothers
for 1969-1996; for the period 1927-1945, the Standard and Poor's monthly
High-Grade Corporate Composite yield data were used, assuming a 4 percent coupon
and a twenty-year maturity.
INTERMEDIATE-TERM GOVERNMENT BONDS -- Measured by a one-bond portfolio
constructed each year containing a bond with approximately a five-year maturity.
U.S. TREASURY BILLS -- Measured by rolling over each month a one-bill portfolio
containing, at the beginning of each month, the bill having the shortest
maturity not less than one month.
INFLATION -- Measured by the Consumer Price Index for all Urban Consumers
(CPI-U), not seasonally adjusted.
- -------------------------------------------------------------------------------
PART 12 -- CUSTODIAN AND INDEPENDENT ACCOUNTANTS
Equitable Life is the custodian for the shares of HRT and EQAT owned by the
Separate Account.
The financial statements as of December 31, 1996 and for each of the two years
in the period then ended for the Separate Account and the financial statements
as of December 31, 1996 and December 31, 1995 and for each of the three years
ended December 31, 1996 for Equitable Life have been audited by Price Waterhouse
LLP, as stated in its reports. These financial statements included in this SAI
have been so included in reliance on the reports of Price Waterhouse LLP,
independent accountants, given the authority of such firm as experts in
accounting and auditing.
- -------------------------------------------------------------------------------
PART 13 -- FINANCIAL STATEMENTS
The consolidated financial statements of The Equitable Life Assurance Society of
the United States included herein should be considered only as bearing upon the
ability of Equitable Life to meet its obligations under the Contracts.
17
<PAGE>
REPORT OF INDEPENDENT ACCOUNTANTS
To the Board of Directors and Shareholder of
The Equitable Life Assurance Society of the United States
In our opinion, the accompanying consolidated balance sheets and the related
consolidated statements of earnings, of shareholder's equity and of cash flows
present fairly, in all material respects, the financial position of The
Equitable Life Assurance Society of the United States and its subsidiaries
("Equitable Life") at December 31, 1996 and 1995, and the results of their
operations and their cash flows for each of the three years in the period ended
December 31, 1996, in conformity with generally accepted accounting principles.
These financial statements are the responsibility of Equitable Life's
management; our responsibility is to express an opinion on these financial
statements based on our audits. We conducted our audits of these statements in
accordance with generally accepted auditing standards which 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, assessing the accounting principles used and significant estimates
made by management and evaluating the overall financial statement presentation.
We believe that our audits provide a reasonable basis for the opinion expressed
above.
As discussed in Note 2 to the consolidated financial statements, Equitable Life
changed its methods of accounting for long-duration participating life insurance
contracts and long-lived assets in 1996, for loan impairments in 1995 and for
postemployment benefits in 1994.
Price Waterhouse LLP
New York, New York
February 10, 1997
F-1
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
CONSOLIDATED BALANCE SHEETS
DECEMBER 31, 1996 AND 1995
<TABLE>
<CAPTION>
1996 1995
----------------- -----------------
(IN MILLIONS)
<S> <C> <C>
ASSETS
Investments:
Fixed maturities:
Available for sale, at estimated fair value................. $ 18,077.0 $ 15,899.9
Mortgage loans on real estate................................. 3,133.0 3,638.3
Equity real estate............................................ 3,297.5 3,916.2
Policy loans.................................................. 2,196.1 1,976.4
Investment in and loans to affiliates......................... 685.0 636.6
Other equity investments...................................... 597.3 621.1
Other invested assets......................................... 288.7 706.1
----------------- -----------------
Total investments......................................... 28,274.6 27,394.6
Cash and cash equivalents....................................... 538.8 774.7
Deferred policy acquisition costs............................... 3,104.9 3,075.8
Amounts due from discontinued GIC Segment....................... 996.2 2,097.1
Other assets.................................................... 2,552.2 2,718.1
Closed Block assets............................................. 8,495.0 8,582.1
Separate Accounts assets........................................ 29,646.1 24,566.6
----------------- -----------------
TOTAL ASSETS.................................................... $ 73,607.8 $ 69,209.0
================= =================
LIABILITIES
Policyholders' account balances................................. $ 21,865.6 $ 21,911.2
Future policy benefits and other policyholders' liabilities..... 4,416.6 4,007.3
Short-term and long-term debt................................... 1,766.9 1,899.3
Other liabilities............................................... 2,785.1 3,380.7
Closed Block liabilities........................................ 9,091.3 9,221.4
Separate Accounts liabilities................................... 29,598.3 24,531.0
----------------- -----------------
Total liabilities......................................... 69,523.8 64,950.9
----------------- -----------------
Commitments and contingencies (Notes 10, 12, 13, 14 and 15)
SHAREHOLDER'S EQUITY
Common stock, $1.25 par value 2.0 million shares
authorized, issued and outstanding............................ 2.5 2.5
Capital in excess of par value.................................. 3,105.8 3,105.8
Retained earnings............................................... 798.7 788.4
Net unrealized investment gains................................. 189.9 396.5
Minimum pension liability....................................... (12.9) (35.1)
----------------- -----------------
Total shareholder's equity................................ 4,084.0 4,258.1
----------------- -----------------
TOTAL LIABILITIES AND SHAREHOLDER'S EQUITY...................... $ 73,607.8 $ 69,209.0
================= =================
</TABLE>
See Notes to Consolidated Financial Statements.
F-2
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
CONSOLIDATED STATEMENTS OF EARNINGS
YEARS ENDED DECEMBER 31, 1996, 1995 AND 1994
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ----------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
REVENUES
Universal life and investment-type product policy fee
income................................................ $ 874.0 $ 788.2 $ 715.0
Premiums................................................ 597.6 606.8 625.6
Net investment income................................... 2,175.9 2,088.2 1,998.6
Investment (losses) gains, net.......................... (9.8) 5.3 91.8
Commissions, fees and other income...................... 1,081.8 897.1 847.4
Contribution from the Closed Block...................... 125.0 143.2 137.0
----------------- ----------------- -----------------
Total revenues.................................... 4,844.5 4,528.8 4,415.4
----------------- ----------------- -----------------
BENEFITS AND OTHER DEDUCTIONS
Interest credited to policyholders' account balances.... 1,270.2 1,248.3 1,201.3
Policyholders' benefits................................. 1,317.7 1,008.6 914.9
Other operating costs and expenses...................... 2,048.0 1,775.8 1,857.7
----------------- ----------------- -----------------
Total benefits and other deductions............... 4,635.9 4,032.7 3,973.9
----------------- ----------------- -----------------
Earnings from continuing operations before Federal
income taxes, minority interest and cumulative
effect of accounting change........................... 208.6 496.1 441.5
Federal income taxes.................................... 9.7 120.5 100.2
Minority interest in net income of consolidated
subsidiaries.......................................... 81.7 62.8 50.4
----------------- ----------------- -----------------
Earnings from continuing operations before
cumulative effect of accounting change................ 117.2 312.8 290.9
Discontinued operations, net of Federal income taxes.... (83.8) - -
Cumulative effect of accounting change, net of Federal
income taxes.......................................... (23.1) - (27.1)
----------------- ----------------- -----------------
Net Earnings............................................ $ 10.3 $ 312.8 $ 263.8
================= ================= =================
</TABLE>
See Notes to Consolidated Financial Statements.
F-3
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
CONSOLIDATED STATEMENTS OF SHAREHOLDER'S EQUITY
YEARS ENDED DECEMBER 31, 1996, 1995 AND 1994
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ----------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Common stock, at par value, beginning and end of year......... $ 2.5 $ 2.5 $ 2.5
----------------- ----------------- -----------------
Capital in excess of par value, beginning of year as
previously reported......................................... 2,913.6 2,913.6 2,613.6
Cumulative effect on prior years of retroactive restatement
for accounting change....................................... 192.2 192.2 192.2
----------------- ----------------- -----------------
Capital in excess of par value, beginning of year as restated. 3,105.8 3,105.8 2,805.8
Additional capital in excess of par value..................... - - 300.0
----------------- ----------------- -----------------
Capital in excess of par value, end of year................... 3,105.8 3,105.8 3,105.8
----------------- ----------------- -----------------
Retained earnings, beginning of year as previously reported... 781.6 484.0 217.6
Cumulative effect on prior years of retroactive restatement
for accounting change....................................... 6.8 (8.4) (5.8)
----------------- ----------------- -----------------
Retained earnings, beginning of year as restated.............. 788.4 475.6 211.8
Net earnings.................................................. 10.3 312.8 263.8
----------------- ----------------- -----------------
Retained earnings, end of year................................ 798.7 788.4 475.6
----------------- ----------------- -----------------
Net unrealized investment gains (losses), beginning of year
as previously reported...................................... 338.2 (203.0) 131.9
Cumulative effect on prior years of retroactive restatement
for accounting change....................................... 58.3 (17.5) 12.7
----------------- ----------------- -----------------
Net unrealized investment gains (losses), beginning of
year as restated............................................ 396.5 (220.5) 144.6
Change in unrealized investment (losses) gains................ (206.6) 617.0 (365.1)
----------------- ----------------- -----------------
Net unrealized investment gains (losses), end of year......... 189.9 396.5 (220.5)
----------------- ----------------- -----------------
Minimum pension liability, beginning of year.................. (35.1) (2.7) (15.0)
Change in minimum pension liability........................... 22.2 (32.4) 12.3
----------------- ----------------- -----------------
Minimum pension liability, end of year........................ (12.9) (35.1) (2.7)
----------------- ----------------- -----------------
TOTAL SHAREHOLDER'S EQUITY, END OF YEAR....................... $ 4,084.0 $ 4,258.1 $ 3,360.7
================= ================= =================
</TABLE>
See Notes to Consolidated Financial Statements.
F-4
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
CONSOLIDATED STATEMENTS OF CASH FLOWS
YEARS ENDED DECEMBER 31, 1996, 1995 AND 1994
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ----------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Net earnings.................................................. $ 10.3 $ 312.8 $ 263.8
Adjustments to reconcile net earnings to net cash
provided by operating activities:
Interest credited to policyholders' account balances........ 1,270.2 1,248.3 1,201.3
Universal life and investment-type policy fee income........ (874.0) (788.2) (715.0)
Investment losses (gains)................................... 9.8 (5.3) (91.8)
Change in Federal income taxes payable...................... (197.1) 221.6 38.3
Other, net.................................................. 364.4 127.3 (19.4)
----------------- ----------------- -----------------
Net cash provided by operating activities..................... 583.6 1,116.5 677.2
----------------- ----------------- -----------------
Cash flows from investing activities:
Maturities and repayments................................... 2,275.1 1,897.4 2,323.8
Sales....................................................... 8,964.3 8,867.1 5,816.6
Return of capital from joint ventures and limited
partnerships.............................................. 78.4 65.2 39.0
Purchases................................................... (12,559.6) (11,675.5) (7,564.7)
Decrease (increase) in loans to discontinued GIC Segment.... 1,017.0 1,226.9 (40.0)
Other, net.................................................. 56.7 (624.7) (478.1)
----------------- ----------------- -----------------
Net cash (used) provided by investing activities.............. (168.1) (243.6) 96.6
----------------- ----------------- -----------------
Cash flows from financing activities:
Policyholders' account balances:
Deposits.................................................. 1,925.4 2,586.5 2,082.5
Withdrawals............................................... (2,385.2) (2,657.1) (2,864.4)
Net decrease in short-term financings....................... (.3) (16.4) (173.0)
Additions to long-term debt................................. - 599.7 51.8
Repayments of long-term debt................................ (124.8) (40.7) (199.8)
Proceeds from issuance of Alliance units.................... - - 100.0
Payment of obligation to fund accumulated deficit of
discontinued GIC Segment.................................. - (1,215.4) -
Capital contribution from the Holding Company............... - - 300.0
Other, net.................................................. (66.5) (48.4) 26.5
----------------- ----------------- -----------------
Net cash (used) by financing activities....................... (651.4) (791.8) (676.4)
----------------- ----------------- -----------------
Change in cash and cash equivalents........................... (235.9) 81.1 97.4
Cash and cash equivalents, beginning of year.................. 774.7 693.6 596.2
----------------- ----------------- -----------------
Cash and Cash Equivalents, End of Year........................ $ 538.8 $ 774.7 $ 693.6
================= ================= =================
Supplemental cash flow information
Interest Paid............................................... $ 109.9 $ 89.6 $ 34.9
================= ================= =================
Income Taxes (Refunded) Paid................................ $ (10.0) $ (82.7) $ 49.2
================= ================= =================
</TABLE>
See Notes to Consolidated Financial Statements.
F-5
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
1) ORGANIZATION
The Equitable Life Assurance Society of the United States ("Equitable
Life") converted to a stock life insurance company on July 22, 1992 and
became a wholly owned subsidiary of The Equitable Companies Incorporated
(the "Holding Company"). Equitable Life's insurance business is
conducted principally by Equitable Life and its wholly owned life
insurance subsidiary, Equitable Variable Life Insurance Company
("EVLICO"). Effective January 1, 1997, EVLICO was merged into Equitable
Life, which will continue to conduct the Company's insurance business.
Equitable Life's investment management business, which comprises the
Investment Services segment, is conducted principally by Alliance
Capital Management L.P. ("Alliance"), Equitable Real Estate Investment
Management, Inc. ("EREIM") and Donaldson, Lufkin & Jenrette, Inc.
("DLJ"), an investment banking and brokerage affiliate. AXA-UAP ("AXA"),
a French holding company for an international group of insurance and
related financial services companies, is the Holding Company's largest
shareholder, owning approximately 60.8% at December 31, 1996 (63.6%
assuming conversion of Series E Convertible Preferred Stock held by AXA
and 54.4% if all securities convertible into, and options on, common
stock were to be converted or exercised).
2) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Basis of Presentation and Principles of Consolidation
-----------------------------------------------------
The accompanying consolidated financial statements are prepared in
conformity with generally accepted accounting principles ("GAAP").
The accompanying consolidated financial statements include the accounts
of Equitable Life and its wholly owned life insurance subsidiaries
(collectively, the "Insurance Group"); non-insurance subsidiaries,
principally Alliance, an investment advisory subsidiary, and EREIM, a
real estate investment management subsidiary; and those partnerships and
joint ventures in which Equitable Life or its subsidiaries has control
and a majority economic interest (collectively, including its
consolidated subsidiaries, the "Company"). The Company's investment in
DLJ is reported on the equity basis of accounting. Closed Block assets
and liabilities and results of operations are presented in the
consolidated financial statements as single line items (see Note 6).
Unless specifically stated, all disclosures contained herein supporting
the consolidated financial statements exclude the Closed Block related
amounts.
The preparation of financial statements in conformity with GAAP 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.
All significant intercompany transactions and balances have been
eliminated in consolidation other than intercompany transactions and
balances with the Closed Block and the discontinued Guaranteed Interest
Contract ("GIC") Segment (see Note 7).
The years "1996," "1995" and "1994" refer to the years ended December
31, 1996, 1995 and 1994, respectively.
Certain reclassifications have been made in the amounts presented for
prior periods to conform these periods with the 1996 presentation.
F-6
<PAGE>
Closed Block
------------
As of July 22, 1992, Equitable Life established the Closed Block for the
benefit of certain classes of individual participating policies for
which Equitable Life had a dividend scale payable in 1991 and which were
in force on that date. Assets were allocated to the Closed Block in an
amount which, together with anticipated revenues from policies included
in the Closed Block, was reasonably expected to be sufficient to support
such business, including provision for payment of claims, certain
expenses and taxes, and for continuation of dividend scales payable in
1991, assuming the experience underlying such scales continues.
Assets allocated to the Closed Block inure solely to the benefit of the
holders of policies included in the Closed Block and will not revert to
the benefit of the Holding Company. The plan of demutualization
prohibits the reallocation, transfer, borrowing or lending of assets
between the Closed Block and other portions of Equitable Life's General
Account, any of its Separate Accounts or to any affiliate of Equitable
Life without the approval of the New York Superintendent of Insurance
(the "Superintendent"). Closed Block assets and liabilities are carried
on the same basis as similar assets and liabilities held in the General
Account. The excess of Closed Block liabilities over Closed Block assets
represents the expected future post-tax contribution from the Closed
Block which would be recognized in income over the period the policies
and contracts in the Closed Block remain in force.
Discontinued Operations
-----------------------
In 1991, the Company's management adopted a plan to discontinue the
business operations of the GIC Segment, consisting of the Group
Non-Participating Wind-Up Annuities ("Wind-Up Annuities") and Guaranteed
Interest Contract ("GIC") lines of business. The Company established a
pre-tax provision for the estimated future losses of the GIC line of
business and a premium deficiency reserve for the Wind-Up Annuities.
Subsequent losses incurred have been charged to the two loss provisions.
Management reviews the adequacy of the allowance and reserve each
quarter. During the fourth quarter 1996 review, management determined it
was necessary to increase the allowance for expected future losses of
the GIC Segment. Management believes the loss provisions for GIC
contracts and Wind-Up Annuities at December 31, 1996 are adequate to
provide for all future losses; however, the determination of loss
provisions continues to involve numerous estimates and subjective
judgments regarding the expected performance of discontinued operations
investment assets. There can be no assurance the losses provided for
will not differ from the losses ultimately realized (See Note 7).
Accounting Changes
------------------
In 1996, the Company changed its method of accounting for long-duration
participating life insurance contracts, primarily within the Closed
Block, in accordance with the provisions prescribed by Statement of
Financial Accounting Standards ("SFAS") No. 120, "Accounting and
Reporting by Mutual Life Insurance Enterprises and by Insurance
Enterprises for Certain Long-Duration Participating Contracts". The
effect of this change, including the impact on the Closed Block, was to
increase earnings from continuing operations before cumulative effect of
accounting change by $19.2 million, net of Federal income taxes of $10.3
million for 1996. The financial statements for 1995 and 1994 have been
retroactively restated for the change which resulted in an increase
(decrease) in earnings before cumulative effect of accounting change of
$15.2 million, net of Federal income taxes of $8.2 million, and $(2.6)
million, net of Federal income tax benefit of $1.0 million,
respectively. Shareholder's equity increased $199.1 million as of
January 1, 1994 for the effect of retroactive application of the new
method. (See "Deferred Policy Acquisition Costs," "Policyholders'
Account Balances and Future Policy Benefits" and Note 6.)
The Company implemented SFAS No. 121, "Accounting for the Impairment of
Long-Lived Assets and for Long-Lived Assets to be Disposed Of," as of
January 1, 1996. The statement requires long-lived assets and certain
identifiable intangibles be reviewed for impairment whenever events or
changes in circumstances
F-7
<PAGE>
indicate the carrying value of such assets may not be recoverable.
Effective with SFAS No. 121's adoption, impaired real estate is written
down to fair value with the impairment loss being included in investment
gains (losses), net. Before implementing SFAS No. 121, valuation
allowances on real estate held for the production of income were
computed using the forecasted cash flows of the respective properties
discounted at a rate equal to the Company's cost of funds. The adoption
of the statement resulted in the release of valuation allowances of
$152.4 million and recognition of impairment losses of $144.0 million on
real estate held and used. Real estate which management has committed to
disposing of by sale or abandonment is classified as real estate to be
disposed of. Valuation allowances on real estate to be disposed of
continue to be computed using the lower of estimated fair value or
depreciated cost, net of disposition costs. Implementation of the SFAS
No. 121 impairment requirements relative to other assets to be disposed
of resulted in a charge for the cumulative effect of an accounting
change of $23.1 million, net of a Federal income tax benefit of $12.4
million, due to the writedown to fair value of building improvements
relating to facilities being vacated beginning in 1996.
In the first quarter of 1995, the Company adopted SFAS No. 114,
"Accounting by Creditors for Impairment of a Loan". This statement
applies to all loans, including loans restructured in a troubled debt
restructuring involving a modification of terms. This statement
addresses the accounting for impairment of a loan by specifying how
allowances for credit losses should be determined. Impaired loans within
the scope of this statement are measured based on the present value of
expected future cash flows discounted at the loan's effective interest
rate, at the loan's observable market price or the fair value of the
collateral if the loan is collateral dependent. The Company provides for
impairment of loans through an allowance for possible losses. The
adoption of this statement did not have a material effect on the level
of these allowances or on the Company's consolidated statements of
earnings and shareholder's equity.
Beginning coincident with issuance of SFAS No. 115, "Accounting for
Certain Investments in Debt and Equity Securities," implementation
guidance in November 1995, the Financial Accounting Standards Board
("FASB") permitted companies a one-time opportunity, through December
31, 1995, to reassess the appropriateness of the classification of all
securities held at that time. On December 1, 1995, the Company
transferred $4,794.9 million of securities classified as held to
maturity to the available for sale portfolio. As a result, consolidated
shareholder's equity increased by $149.4 million, net of deferred policy
acquisition costs ("DAC"), amounts attributable to participating group
annuity contracts and deferred Federal income taxes.
In the fourth quarter of 1994 (effective as of January 1, 1994), the
Company adopted SFAS No. 112, "Employers' Accounting for Postemployment
Benefits," which required employers to recognize the obligation to
provide postemployment benefits. Implementation of this statement
resulted in a charge for the cumulative effect of accounting change of
$27.1 million, net of a Federal income tax benefit of $14.6 million.
New Accounting Pronouncements
-----------------------------
The FASB issued SFAS No. 123, "Accounting for Stock-Based Compensation,"
which permits entities to recognize as expense over the vesting period
the fair value of all stock-based awards on the date of grant or,
alternatively, to continue to apply the provisions of Accounting
Principles Board ("APB") Opinion No. 25, "Accounting for Stock Issued to
Employees," and related interpretations. Companies which elect to
continue to apply APB Opinion No. 25 must provide pro forma net income
disclosures for employee stock option grants made in 1995 and future
years as if the fair-value-based method defined in SFAS No. 123 had been
applied. The Company accounts for stock option plans sponsored by the
Holding Company, DLJ and Alliance in accordance with the provisions of
APB Opinion No. 25 (see Note 21).
F-8
<PAGE>
In June 1996, the FASB issued SFAS No. 125, "Accounting for Transfers
and Servicing of Financial Assets and Extinguishments of Liabilities".
SFAS No. 125 specifies the accounting and reporting requirements for
transfers of financial assets, the recognition and measurement of
servicing assets and liabilities and extinguishments of liabilities.
SFAS No. 125 is effective for transactions occurring after December 31,
1996 and is to be applied prospectively. In December 1996, the FASB
issued SFAS No. 127, "Deferral of the Effective Date of Certain
Provisions of FASB Statement No. 125," which defers for one year the
effective date of provisions relating to secured borrowings and
collateral and transfers of financial assets that are part of repurchase
agreements, dollar-roll, securities lending and similar transactions.
Management has not yet determined the effect of implementing SFAS No.
125.
Valuation of Investments
------------------------
Fixed maturities identified as available for sale are reported at
estimated fair value. The amortized cost of fixed maturities is adjusted
for impairments in value deemed to be other than temporary.
Mortgage loans on real estate are stated at unpaid principal balances,
net of unamortized discounts and valuation allowances. Effective with
the adoption of SFAS No. 114 on January 1, 1995, the valuation
allowances are based on the present value of expected future cash flows
discounted at the loan's original effective interest rate or the
collateral value if the loan is collateral dependent. However, if
foreclosure is or becomes probable, the measurement method used is
collateral value. Prior to the adoption of SFAS No. 114, the valuation
allowances were based on losses expected by management to be realized on
transfers of mortgage loans to real estate (upon foreclosure or
in-substance foreclosure), on the disposition or settlement of mortgage
loans and on mortgage loans management believed may not be collectible
in full. In establishing valuation allowances, management previously
considered, among other things the estimated fair value of the
underlying collateral.
Real estate, including real estate acquired in satisfaction of debt, is
stated at depreciated cost less valuation allowances. At the date of
foreclosure (including in-substance foreclosure), real estate acquired
in satisfaction of debt is valued at estimated fair value. Impaired real
estate is written down to fair value with the impairment loss being
included in investment gains (losses) net. Valuation allowances on real
estate available for sale are computed using the lower of current
estimated fair value or depreciated cost, net of disposition costs.
Prior to the adoption of SFAS No. 121, valuation allowances on real
estate held for the production of income were computed using the
forecasted cash flows of the respective properties discounted at a rate
equal to the Company's cost of funds.
Policy loans are stated at unpaid principal balances.
Partnerships and joint venture interests in which the Company does not
have control and a majority economic interest are reported on the equity
basis of accounting and are included either with equity real estate or
other equity investments, as appropriate.
Common stocks are carried at estimated fair value and are included in
other equity investments.
Short-term investments are stated at amortized cost which approximates
fair value and are included with other invested assets.
Cash and cash equivalents includes cash on hand, amounts due from banks
and highly liquid debt instruments purchased with an original maturity
of three months or less.
All securities are recorded in the consolidated financial statements on
a trade date basis.
Investment Results and Unrealized Investment Gains (Losses)
-----------------------------------------------------------
Net investment income and realized investment gains and losses
(collectively, "investment results") related to certain participating
group annuity contracts which are passed through to the contractholders
are reflected as interest credited to policyholders' account balances.
F-9
<PAGE>
Realized investment gains and losses are determined by specific
identification and are presented as a component of revenue. Valuation
allowances are netted against the asset categories to which they apply
and changes in the valuation allowances are included in investment gains
or losses.
Unrealized investment gains and losses on fixed maturities available for
sale and equity securities held by the Company are accounted for as a
separate component of shareholder's equity, net of related deferred
Federal income taxes, amounts attributable to the discontinued GIC
Segment, participating group annuity contracts, and DAC related to
universal life and investment-type products and participating
traditional life contracts.
Recognition of Insurance Income and Related Expenses
----------------------------------------------------
Premiums from universal life and investment-type contracts are reported
as deposits to policyholders' account balances. Revenues from these
contracts consist of amounts assessed during the period against
policyholders' account balances for mortality charges, policy
administration charges and surrender charges. Policy benefits and claims
that are charged to expense include benefit claims incurred in the
period in excess of related policyholders' account balances.
Premiums from participating and non-participating traditional life and
annuity policies with life contingencies generally are recognized as
income when due. Benefits and expenses are matched with such income so
as to result in the recognition of profits over the life of the
contracts. This match is accomplished by means of the provision for
liabilities for future policy benefits and the deferral and subsequent
amortization of policy acquisition costs.
For contracts with a single premium or a limited number of premium
payments due over a significantly shorter period than the total period
over which benefits are provided, premiums are recorded as income when
due with any excess profit deferred and recognized in income in a
constant relationship to insurance in force or, for annuities, the
amount of expected future benefit payments.
Premiums from individual health contracts are recognized as income over
the period to which the premiums relate in proportion to the amount of
insurance protection provided.
Deferred Policy Acquisition Costs
---------------------------------
The costs of acquiring new business, principally commissions,
underwriting, agency and policy issue expenses, all of which vary with
and are primarily related to the production of new business, are
deferred. DAC is subject to recoverability testing at the time of policy
issue and loss recognition testing at the end of each accounting period.
For universal life products and investment-type products, DAC is
amortized over the expected total life of the contract group (periods
ranging from 15 to 35 years and 5 to 17 years, respectively) as a
constant percentage of estimated gross profits arising principally from
investment results, mortality and expense margins and surrender charges
based on historical and anticipated future experience, updated at the
end of each accounting period. The effect on the amortization of DAC of
revisions to estimated gross profits is reflected in earnings in the
period such estimated gross profits are revised. The effect on the DAC
asset that would result from realization of unrealized gains (losses) is
recognized with an offset to unrealized gains (losses) in consolidated
shareholder's equity as of the balance sheet date.
For participating traditional life policies (substantially all of which
are in the Closed Block), DAC is amortized over the expected total life
of the contract group (40 years) as a constant percentage based on the
present value of the estimated gross margin amounts expected to be
realized over the life of the contracts using the expected investment
yield. At December 31, 1996, the expected investment yield ranged from
7.30% grading to 7.68% over 13 years. Estimated gross margin includes
anticipated premiums and investment results less claims and
administrative expenses, changes in the net level premium reserve and
expected annual policyholder dividends. Deviations of actual results
from estimated experience are reflected in earnings in the period such
deviations occur. The effect on the DAC asset that would result from
realization of unrealized gains (losses) is recognized with an offset to
unrealized gains (losses) in consolidated shareholder's equity as of the
balance sheet date.
F-10
<PAGE>
For non-participating traditional life and annuity policies with life
contingencies, DAC is amortized in proportion to anticipated premiums.
Assumptions as to anticipated premiums are estimated at the date of
policy issue and are consistently applied during the life of the
contracts. Deviations from estimated experience are reflected in
earnings in the period such deviations occur. For these contracts, the
amortization periods generally are for the total life of the policy.
For individual health benefit insurance, DAC is amortized over the
expected average life of the contracts (10 years for major medical
policies and 20 years for disability income ("DI") products) in
proportion to anticipated premium revenue at time of issue. In the
fourth quarter of 1996, the DAC related to DI contracts issued prior to
July 1993 was written off.
Policyholders' Account Balances and Future Policy Benefits
----------------------------------------------------------
Policyholders' account balances for universal life and investment-type
contracts are equal to the policy account values. The policy account
values represent an accumulation of gross premium payments plus credited
interest less expense and mortality charges and withdrawals.
For participating traditional life policies, future policy benefit
liabilities are calculated using a net level premium method on the basis
of actuarial assumptions equal to guaranteed mortality and dividend fund
interest rates. The liability for annual dividends represents the
accrual of annual dividends earned. Terminal dividends are accrued in
proportion to gross margins over the life of the contract.
For non-participating traditional life insurance policies, future policy
benefit liabilities are estimated using a net level premium method on
the basis of actuarial assumptions as to mortality, persistency and
interest established at policy issue. Assumptions established at policy
issue as to mortality and persistency are based on the Insurance Group's
experience which, together with interest and expense assumptions,
include a margin for adverse deviation. When the liabilities for future
policy benefits plus the present value of expected future gross premiums
for a product are insufficient to provide for expected future policy
benefits and expenses for that product, DAC is written off and
thereafter, if required, a premium deficiency reserve is established by
a charge to earnings. Benefit liabilities for traditional annuities
during the accumulation period are equal to accumulated contractholders'
fund balances and after annuitization are equal to the present value of
expected future payments. Interest rates used in establishing such
liabilities range from 2.25% to 11.5% for life insurance liabilities and
from 2.25% to 13.5% for annuity liabilities.
During the fourth quarter of 1996, a loss recognition study on
participating group annuity contracts and conversion annuities ("Pension
Par") was completed which included management's revised estimate of
assumptions, including expected mortality and future investment returns.
The study's results prompted management to establish a premium
deficiency reserve which decreased earnings from continuing operations
and net earnings by $47.5 million ($73.0 million pre-tax).
Individual health benefit liabilities for active lives are estimated
using the net level premium method, and assumptions as to future
morbidity, withdrawals and interest. Benefit liabilities for disabled
lives are estimated using the present value of benefits method and
experience assumptions as to claim terminations, expenses and interest.
During the fourth quarter of 1996, the Company completed a loss
recognition study of the DI business which incorporated management's
revised estimates of future experience with regard to morbidity,
investment returns, claims and administration expenses and other
factors. The study indicated DAC was not recoverable and the reserves
were not sufficient. Earnings from continuing operations and net
earnings decreased by $208.0 million ($320.0 million pre-tax) as a
result of strengthening DI reserves by $175.0 million and writing off
unamortized DAC of $145.0 million. The determination of DI reserves
requires making assumptions and estimates relating to a variety of
factors, including morbidity and interest rates, claims experience and
lapse
F-11
<PAGE>
rates based on then known facts and circumstances. Such factors as claim
incidence and termination rates can be affected by changes in the
economic, legal and regulatory environments and work ethic. While
management believes its DI reserves have been calculated on a reasonable
basis and are adequate, there can be no assurance reserves will be
sufficient to provide for future liabilities.
Claim reserves and associated liabilities for individual disability
income and major medical policies were $711.8 million and $639.6 million
at December 31, 1996 and 1995, respectively (excluding $175.0 million of
reserve strengthening in 1996). Incurred benefits (benefits paid plus
changes in claim reserves) and benefits paid for individual DI and major
medical policies (excluding $175.0 million of reserve strengthening in
1996) are summarized as follows:
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Incurred benefits related to current year.......... $ 189.0 $ 176.0 $ 188.6
Incurred benefits related to prior years........... 69.1 67.8 28.7
----------------- ---------------- -----------------
Total Incurred Benefits............................ $ 258.1 $ 243.8 $ 217.3
================= ================ =================
Benefits paid related to current year.............. $ 32.6 $ 37.0 $ 43.7
Benefits paid related to prior years............... 153.3 137.8 132.3
----------------- ---------------- -----------------
Total Benefits Paid................................ $ 185.9 $ 174.8 $ 176.0
================= ================ =================
</TABLE>
Policyholders' Dividends
------------------------
The amount of policyholders' dividends to be paid (including those on
policies included in the Closed Block) is determined annually by
Equitable Life's Board of Directors. The aggregate amount of
policyholders' dividends is related to actual interest, mortality,
morbidity and expense experience for the year and judgment as to the
appropriate level of statutory surplus to be retained by Equitable Life.
Equitable Life is subject to limitations on the amount of statutory
profits which can be retained with respect to certain classes of
individual participating policies that were in force on July 22, 1992
which are not included in the Closed Block and with respect to
participating policies issued subsequent to July 22, 1992. Excess
statutory profits, if any, will be distributed over time to such
policyholders and will not be available to Equitable Life's shareholder.
Earnings in excess of limitations, if any, would be accrued as
policyholders' dividends.
At December 31, 1996, participating policies, including those in the
Closed Block, represent approximately 24.2% ($52.3 billion) of directly
written life insurance in force, net of amounts ceded.
Federal Income Taxes
--------------------
The Company files a consolidated Federal income tax return with the
Holding Company and its non-life insurance subsidiaries. Current Federal
income taxes were charged or credited to operations based upon amounts
estimated to be payable or recoverable as a result of taxable operations
for the current year. Deferred income tax assets and liabilities were
recognized based on the difference between financial statement carrying
amounts and income tax bases of assets and liabilities using enacted
income tax rates and laws.
Separate Accounts
-----------------
Separate Accounts are established in conformity with the New York State
Insurance Law and generally are not chargeable with liabilities that
arise from any other business of the Insurance Group. Separate Accounts
assets are subject to General Account claims only to the extent the
value of such assets exceeds the Separate Accounts liabilities.
F-12
<PAGE>
Assets and liabilities of the Separate Accounts, representing net
deposits and accumulated net investment earnings less fees, held
primarily for the benefit of contractholders, and for which the
Insurance Group does not bear the investment risk, are shown as separate
captions in the consolidated balance sheets. The Insurance Group bears
the investment risk on assets held in one Separate Account, therefore,
such assets are carried on the same basis as similar assets held in the
General Account portfolio. Assets held in the other Separate Accounts
are carried at quoted market values or, where quoted values are not
available, at estimated fair values as determined by the Insurance
Group.
The investment results of Separate Accounts on which the Insurance Group
does not bear the investment risk are reflected directly in Separate
Accounts liabilities. For 1996, 1995 and 1994, investment results of
such Separate Accounts were $2,970.6 million, $1,963.2 million and
$665.2 million, respectively.
Deposits to Separate Accounts are reported as increases in Separate
Accounts liabilities and are not reported in revenues. Mortality, policy
administration and surrender charges on all Separate Accounts are
included in revenues.
F-13
<PAGE>
3) INVESTMENTS
The following tables provide additional information relating to fixed
maturities and equity securities:
<TABLE>
<CAPTION>
GROSS GROSS
AMORTIZED UNREALIZED UNREALIZED ESTIMATED
COST GAINS LOSSES FAIR VALUE
----------------- ----------------- ---------------- ---------------
(IN MILLIONS)
<S> <C> <C> <C> <C>
DECEMBER 31, 1996
-----------------
Fixed Maturities:
Available for Sale:
Corporate.......................... $ 13,645.2 $ 451.5 $ 121.0 $ 13,975.7
Mortgage-backed.................... 2,015.9 11.2 20.3 2,006.8
U.S. Treasury securities and
U.S. government and
agency securities................ 1,539.4 39.2 19.3 1,559.3
States and political subdivisions.. 77.0 4.5 - 81.5
Foreign governments................ 302.6 18.0 2.2 318.4
Redeemable preferred stock......... 139.1 3.3 7.1 135.3
----------------- ----------------- ---------------- ---------------
Total Available for Sale............... $ 17,719.2 $ 527.7 $ 169.9 $ 18,077.0
================= ================= ================ ===============
Equity Securities:
Common stock......................... $ 98.7 $ 49.3 $ 17.7 $ 130.3
================= ================= ================ ===============
December 31, 1995
-----------------
Fixed Maturities:
Available for Sale:
Corporate.......................... $ 10,910.7 $ 617.6 $ 118.1 $ 11,410.2
Mortgage-backed.................... 1,838.0 31.2 1.2 1,868.0
U.S. Treasury securities and
U.S. government and
agency securities................ 2,257.0 77.8 4.1 2,330.7
States and political subdivisions.. 45.7 5.2 - 50.9
Foreign governments................ 124.5 11.0 .2 135.3
Redeemable preferred stock......... 108.1 5.3 8.6 104.8
----------------- ----------------- ---------------- ---------------
Total Available for Sale............... $ 15,284.0 $ 748.1 $ 132.2 $ 15,899.9
================= ================= ================ ===============
Equity Securities:
Common stock......................... $ 97.3 $ 49.1 $ 18.0 $ 128.4
================= ================= ================ ===============
</TABLE>
For publicly traded fixed maturities and equity securities, estimated
fair value is determined using quoted market prices. For fixed
maturities without a readily ascertainable market value, the Company has
determined an estimated fair value using a discounted cash flow
approach, including provisions for credit risk, generally based upon the
assumption such securities will be held to maturity. Estimated fair
value for equity securities, substantially all of which do not have a
readily ascertainable market value, has been determined by the Company.
Such estimated fair values do not necessarily represent the values for
which these securities could have been sold at the dates of the
consolidated balance sheets. At December 31, 1996 and 1995, securities
without a readily ascertainable market value having an amortized cost of
$3,915.7 million and $3,748.9 million, respectively, had estimated fair
values of $4,024.6 million and $3,981.8 million, respectively.
F-14
<PAGE>
The contractual maturity of bonds at December 31, 1996 is shown below:
AVAILABLE FOR SALE
------------------------------------
AMORTIZED ESTIMATED
COST FAIR VALUE
---------------- -----------------
(IN MILLIONS)
Due in one year or less........... $ 539.6 $ 542.5
Due in years two through five..... 2,776.2 2,804.0
Due in years six through ten...... 6,044.7 6,158.1
Due after ten years............... 6,203.7 6,430.3
Mortgage-backed securities........ 2,015.9 2,006.8
---------------- -----------------
Total............................. $ 17,580.1 $ 17,941.7
================ =================
Bonds not due at a single maturity date have been included in the above
table in the year of final maturity. Actual maturities will differ from
contractual maturities because borrowers may have the right to call or
prepay obligations with or without call or prepayment penalties.
The Insurance Group's fixed maturity investment portfolio includes
corporate high yield securities consisting of public high yield bonds,
redeemable preferred stocks and directly negotiated debt in leveraged
buyout transactions. The Insurance Group seeks to minimize the higher
than normal credit risks associated with such securities by monitoring
the total investments in any single issuer or total investment in a
particular industry group. Certain of these corporate high yield
securities are classified as other than investment grade by the various
rating agencies, i.e., a rating below Baa or National Association of
Insurance Commissioners ("NAIC") designation of 3 (medium grade), 4 or 5
(below investment grade) or 6 (in or near default). At December 31,
1996, approximately 14.20% of the $17,563.7 million aggregate amortized
cost of bonds held by the Insurance Group were considered to be other
than investment grade.
In addition to its holdings of corporate high yield securities, the
Insurance Group is an equity investor in limited partnership interests
which primarily invest in securities considered to be other than
investment grade.
The Company has restructured or modified the terms of certain fixed
maturity investments. The fixed maturity portfolio includes amortized
costs of $5.5 million and $15.9 million at December 31, 1996 and 1995,
respectively, of such restructured securities. These amounts include
fixed maturities which are in default as to principal and/or interest
payments, are to be restructured pursuant to commenced negotiations or
where the borrowers went into bankruptcy subsequent to acquisition
(collectively, "problem fixed maturities") of $2.2 million and $1.6
million as of December 31, 1996 and 1995, respectively. Gross interest
income that would have been recorded in accordance with the original
terms of restructured fixed maturities amounted to $1.4 million, $3.0
million and $7.5 million in 1996, 1995 and 1994, respectively. Gross
interest income on these fixed maturities included in net investment
income aggregated $1.3 million, $2.9 million and $6.8 million in 1996,
1995 and 1994, respectively.
F-15
<PAGE>
Investment valuation allowances and changes thereto are shown below:
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Balances, beginning of year........................ $ 325.3 $ 284.9 $ 355.6
SFAS No. 121 release............................... (152.4) - -
Additions charged to income........................ 125.0 136.0 51.0
Deductions for writedowns and
asset dispositions............................... (160.8) (95.6) (121.7)
----------------- ---------------- -----------------
Balances, End of Year.............................. $ 137.1 $ 325.3 $ 284.9
================= ================ =================
Balances, end of year comprise:
Mortgage loans on real estate.................... $ 50.4 $ 65.5 $ 64.2
Equity real estate............................... 86.7 259.8 220.7
----------------- ---------------- -----------------
Total.............................................. $ 137.1 $ 325.3 $ 284.9
================= ================ =================
</TABLE>
At December 31, 1996, the carrying values of investments held for the
production of income which were non-income producing for the twelve
months preceding the consolidated balance sheet date were $25.0 million
of fixed maturities and $2.6 million of mortgage loans on real estate.
At December 31, 1996 and 1995, mortgage loans on real estate with
scheduled payments 60 days (90 days for agricultural mortgages) or more
past due or in foreclosure (collectively, "problem mortgage loans on
real estate") had an amortized cost of $12.4 million (0.4% of total
mortgage loans on real estate) and $87.7 million (2.4% of total mortgage
loans on real estate), respectively.
The payment terms of mortgage loans on real estate may from time to time
be restructured or modified. The investment in restructured mortgage
loans on real estate, based on amortized cost, amounted to $388.3
million and $531.5 million at December 31, 1996 and 1995, respectively.
These amounts include $1.0 million and $3.8 million of problem mortgage
loans on real estate at December 31, 1996 and 1995, respectively. Gross
interest income on restructured mortgage loans on real estate that would
have been recorded in accordance with the original terms of such loans
amounted to $35.5 million, $52.1 million and $44.9 million in 1996, 1995
and 1994, respectively. Gross interest income on these loans included in
net investment income aggregated $28.2 million, $37.4 million and $32.8
million in 1996, 1995 and 1994, respectively.
Impaired mortgage loans (as defined under SFAS No. 114) along with the
related provision for losses were as follows:
<TABLE>
<CAPTION>
DECEMBER 31,
----------------------------------------
1996 1995
------------------- -------------------
(IN MILLIONS)
<S> <C> <C>
Impaired mortgage loans with provision for losses.................. $ 340.0 $ 310.1
Impaired mortgage loans with no provision for losses............... 122.3 160.8
------------------- -------------------
Recorded investment in impaired mortgage loans..................... 462.3 470.9
Provision for losses............................................... 46.4 62.7
------------------- -------------------
Net Impaired Mortgage Loans........................................ $ 415.9 $ 408.2
=================== ===================
</TABLE>
Impaired mortgage loans with no provision for losses are loans where the
fair value of the collateral or the net present value of the expected
future cash flows related to the loan equals or exceeds the recorded
investment. Interest income earned on loans where the collateral value
is used to measure impairment is recorded on a
F-16
<PAGE>
cash basis. Interest income on loans where the present value method is
used to measure impairment is accrued on the net carrying value amount
of the loan at the interest rate used to discount the cash flows.
Changes in the present value attributable to changes in the amount or
timing of expected cash flows are reported as investment gains or
losses.
During 1996 and 1995, respectively, the Company's average recorded
investment in impaired mortgage loans was $552.1 million and $429.0
million. Interest income recognized on these impaired mortgage loans
totaled $38.8 million and $27.9 million for 1996 and 1995, respectively,
including $17.9 million and $13.4 million recognized on a cash basis.
The Insurance Group's investment in equity real estate is through direct
ownership and through investments in real estate joint ventures. At
December 31, 1996 and 1995, the carrying value of equity real estate
available for sale amounted to $345.6 million and $255.5 million,
respectively. For 1996, 1995 and 1994, respectively, real estate of
$58.7 million, $35.3 million and $189.8 million was acquired in
satisfaction of debt. At December 31, 1996 and 1995, the Company owned
$771.7 million and $862.7 million, respectively, of real estate acquired
in satisfaction of debt.
Depreciation of real estate is computed using the straight-line method
over the estimated useful lives of the properties, which generally range
from 40 to 50 years. Accumulated depreciation on real estate was $587.5
million and $662.4 million at December 31, 1996 and 1995, respectively.
Depreciation expense on real estate totaled $91.8 million, $121.7
million and $117.0 million for 1996, 1995 and 1994, respectively. As a
result of the implementation of SFAS No. 121, during 1996 no
depreciation expense has been recorded on real estate available for
sale.
F-17
<PAGE>
4) JOINT VENTURES AND PARTNERSHIPS
Summarized combined financial information of real estate joint ventures
(34 and 38 individual ventures as of December 31, 1996 and 1995,
respectively) and of limited partnership interests accounted for under
the equity method, in which the Company has an investment of $10.0
million or greater and an equity interest of 10% or greater is as
follows:
<TABLE>
<CAPTION>
DECEMBER 31,
------------------------------------
1996 1995
---------------- -----------------
(IN MILLIONS)
<S> <C> <C>
FINANCIAL POSITION
Investments in real estate, at depreciated cost........................ $ 1,883.7 $ 2,684.1
Investments in securities, generally at estimated fair value........... 2,430.6 2,459.8
Cash and cash equivalents.............................................. 98.0 489.1
Other assets........................................................... 427.0 270.8
---------------- -----------------
Total assets........................................................... 4,839.3 5,903.8
---------------- -----------------
Borrowed funds - third party........................................... 1,574.3 1,782.3
Borrowed funds - the Company........................................... 137.9 220.5
Other liabilities...................................................... 415.8 593.9
---------------- -----------------
Total liabilities...................................................... 2,128.0 2,596.7
---------------- -----------------
Partners' Capital...................................................... $ 2,711.3 $ 3,307.1
================ =================
Equity in partners' capital included above............................. $ 806.8 $ 902.2
Equity in limited partnership interests not included above............. 201.8 212.8
Other.................................................................. 9.8 8.9
---------------- -----------------
Carrying Value......................................................... $ 1,018.4 $ 1,123.9
================ =================
</TABLE>
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
STATEMENTS OF EARNINGS
Revenues of real estate joint ventures............. $ 348.9 $ 463.5 $ 537.7
Revenues of other limited partnership interests.... 386.1 242.3 103.4
Interest expense - third party..................... (111.0) (135.3) (114.9)
Interest expense - the Company..................... (30.0) (41.0) (36.9)
Other expenses..................................... (282.5) (397.7) (430.9)
----------------- ---------------- -----------------
Net Earnings....................................... $ 311.5 $ 131.8 $ 58.4
================= ================ =================
Equity in net earnings included above.............. $ 73.9 $ 49.1 $ 18.9
Equity in net earnings of limited partnerships
interests not included above..................... 35.8 44.8 25.3
Other.............................................. .9 1.0 1.8
----------------- ---------------- -----------------
Total Equity in Net Earnings....................... $ 110.6 $ 94.9 $ 46.0
================= ================ =================
</TABLE>
F-18
<PAGE>
5) NET INVESTMENT INCOME AND INVESTMENT GAINS (LOSSES)
The sources of net investment income are summarized as follows:
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Fixed maturities.................... $ 1,307.4 $ 1,151.1 $ 1,036.5
Mortgage loans on real estate....... 303.0 329.0 385.7
Equity real estate.................. 442.4 560.4 561.8
Other equity investments............ 94.3 76.9 36.1
Policy loans........................ 160.3 144.4 122.7
Other investment income............. 217.4 273.0 322.4
----------------- ---------------- -----------------
Gross investment income........... 2,524.8 2,534.8 2,465.2
----------------- ---------------- -----------------
Investment expenses............... 348.9 446.6 466.6
----------------- ---------------- -----------------
Net Investment Income............... $ 2,175.9 $ 2,088.2 $ 1,998.6
================= ================ =================
Investment gains (losses), net, including changes in the valuation
allowances, are summarized as follows:
</TABLE>
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Fixed maturities................................... $ 60.5 $ 119.9 $ (14.3)
Mortgage loans on real estate...................... (27.3) (40.2) (43.1)
Equity real estate................................. (79.7) (86.6) 20.6
Other equity investments........................... 18.9 12.8 75.9
Issuance and sales of Alliance Units............... 20.6 - 52.4
Other.............................................. (2.8) (.6) .3
----------------- ---------------- -----------------
Investment (Losses) Gains, Net..................... $ (9.8) $ 5.3 $ 91.8
================= ================ =================
</TABLE>
Writedowns of fixed maturities amounted to $29.9 million, $46.7 million
and $30.8 million for 1996, 1995 and 1994, respectively, and writedowns
of equity real estate subsequent to the adoption of SFAS No. 121
amounted to $23.7 million for the year ended December 31, 1996.
For 1996, 1995 and 1994, respectively, proceeds received on sales of
fixed maturities classified as available for sale amounted to $8,353.5
million, $8,206.0 million and $5,253.9 million. Gross gains of $154.2
million, $211.4 million and $65.2 million and gross losses of $92.7
million, $64.2 million and $50.8 million, respectively, were realized on
these sales. The change in unrealized investment (losses) gains related
to fixed maturities classified as available for sale for 1996, 1995 and
1994 amounted to $(258.0) million, $1,077.2 million and $(742.2)
million, respectively.
During each of 1995 and 1994, one security classified as held to
maturity was sold. During the eleven months ended November 30, 1995 and
the year ended December 31, 1994, respectively, twelve and six
securities so classified were transferred to the available for sale
portfolio. All actions were taken as a result of a significant
deterioration in creditworthiness. The aggregate amortized costs of the
securities sold were $1.0 million and $19.9 million with a related
investment gain of $-0- million and $.8 million recognized in 1995 and
1994, respectively; the aggregate amortized cost of the securities
transferred was $116.0 million and $42.8 million with gross unrealized
investment losses of $3.2 million and $3.1 million charged to
consolidated shareholder's equity for the eleven months ended November
30, 1995 and the year ended December 31,
F-19
<PAGE>
1994, respectively. On December 1, 1995, the Company transferred
$4,794.9 million of securities classified as held to maturity to the
available for sale portfolio. As a result, unrealized gains on fixed
maturities increased $395.6 million, offset by DAC of $126.5 million,
amounts attributable to participating group annuity contracts of $39.2
million and deferred Federal income taxes of $80.5 million.
For 1996, 1995 and 1994, investment results passed through to certain
participating group annuity contracts as interest credited to
policyholders' account balances amounted to $136.7 million, $131.2
million and $175.8 million, respectively.
In 1996, Alliance acquired the business of Cursitor-Eaton Asset
Management Company and Cursitor Holdings Limited (collectively,
"Cursitor") for approximately $159.0 million. The purchase price
consisted of $94.3 million in cash, 1.8 million of Alliance's publicly
traded units ("Alliance Units"), 6% notes aggregating $21.5 million
payable ratably over four years, and substantial additional
consideration which will be determined at a later date. The excess of
the purchase price, including acquisition costs and minority interest,
over the fair value of Cursitor's net assets acquired resulted in the
recognition of intangible assets consisting of costs assigned to
contracts acquired and goodwill of approximately $122.8 million and
$38.3 million, respectively, which are being amortized over the
estimated useful lives of 20 years. The Company recognized an investment
gain of $20.6 million as a result of the issuance of Alliance Units in
this transaction. At December 31, 1996, the Company's ownership of
Alliance Units was approximately 57.3%.
In 1994, Alliance sold 4.96 million newly issued Alliance Units to third
parties at prevailing market prices. The Company continues to hold its
1% general partnership interest in Alliance. The Company recognized an
investment gain of $52.4 million as a result of these transactions.
Net unrealized investment gains (losses), included in the consolidated
balance sheets as a component of equity and the changes for the
corresponding years, are summarized as follows:
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Balance, beginning of year as restated............. $ 396.5 $ (220.5) $ 144.6
Changes in unrealized investment (losses) gains.... (297.6) 1,198.9 (856.7)
Changes in unrealized investment losses
(gains) attributable to:
Participating group annuity contracts.......... - (78.1) 40.8
DAC............................................ 42.3 (216.8) 273.6
Deferred Federal income taxes.................. 48.7 (287.0) 177.2
----------------- ---------------- -----------------
Balance, End of Year............................... $ 189.9 $ 396.5 $ (220.5)
================= ================ =================
Balance, end of year comprises:
Unrealized investment gains (losses) on:
Fixed maturities............................... $ 357.8 $ 615.9 $ (461.3)
Other equity investments....................... 31.6 31.1 7.7
Other, principally Closed Block................ 53.1 93.1 (5.1)
----------------- ---------------- -----------------
Total........................................ 442.5 740.1 (458.7)
Amounts of unrealized investment (gains)
losses attributable to:
Participating group annuity contracts........ (72.2) (72.2) 5.9
DAC.......................................... (52.0) (94.3) 122.4
Deferred Federal income taxes................ (128.4) (177.1) 109.9
----------------- ---------------- -----------------
Total.............................................. $ 189.9 $ 396.5 $ (220.5)
================= ================ =================
</TABLE>
F-20
<PAGE>
6) CLOSED BLOCK
Summarized financial information of the Closed Block follows:
<TABLE>
<CAPTION>
DECEMBER 31,
--------------------------------------
1996 1995
----------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Assets
Fixed Maturities:
Available for sale, at estimated fair value (amortized cost,
$3,820.7 and $3,662.8)...................................... $ 3,889.5 $ 3,896.2
Mortgage loans on real estate................................... 1,380.7 1,368.8
Policy loans.................................................... 1,765.9 1,797.2
Cash and other invested assets.................................. 336.1 440.9
DAC............................................................. 876.5 792.6
Other assets.................................................... 246.3 286.4
----------------- -----------------
Total Assets.................................................... $ 8,495.0 $ 8,582.1
================= =================
Liabilities
Future policy benefits and policyholders' account balances...... $ 8,999.7 $ 8,923.5
Other liabilities............................................... 91.6 297.9
----------------- -----------------
Total Liabilities............................................... $ 9,091.3 $ 9,221.4
================= =================
</TABLE>
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Revenues
Premiums and other revenue......................... $ 724.8 $ 753.4 $ 798.1
Investment income (net of investment
expenses of $27.3, $26.7 and $19.0).............. 546.6 538.9 523.0
Investment losses, net............................. (5.5) (20.2) (24.0)
----------------- ---------------- -----------------
Total revenues............................... 1,265.9 1,272.1 1,297.1
----------------- ---------------- -----------------
Benefits and Other Deductions
Policyholders' benefits and dividends.............. 1,106.3 1,077.6 1,121.6
Other operating costs and expenses................. 34.6 51.3 38.5
----------------- ---------------- -----------------
Total benefits and other deductions.......... 1,140.9 1,128.9 1,160.1
----------------- ---------------- -----------------
Contribution from the Closed Block................. $ 125.0 $ 143.2 $ 137.0
================= ================ =================
</TABLE>
In the fourth quarter of 1996, the Company adopted SFAS No. 120, which
prescribes the accounting for individual participating life insurance
contracts, most of which are included in the Closed Block. The
implementation of SFAS No. 120 resulted in an increase (decrease) in the
contribution from the Closed Block of $27.5 million, $18.8 million and
$(14.0) million in 1996, 1995 and 1994, respectively.
The fixed maturity portfolio, based on amortized cost, includes $.4
million and $4.3 million at December 31, 1996 and 1995, respectively, of
restructured securities which includes problem fixed maturities of $.3
million and $1.9 million, respectively.
F-21
<PAGE>
During the eleven months ended November 30, 1995, one security
classified as held to maturity was sold and ten securities classified as
held to maturity were transferred to the available for sale portfolio.
All actions resulted from significant deterioration in creditworthiness.
The amortized cost of the security sold was $4.2 million. The aggregate
amortized cost of the securities transferred was $81.3 million with
gross unrealized investment losses of $.1 million transferred to equity.
At December 1, 1995, $1,750.7 million of securities classified as held
to maturity were transferred to the available for sale portfolio. As a
result, unrealized gains of $88.5 million on fixed maturities were
recognized, offset by DAC amortization of $52.6 million.
At December 31, 1996 and 1995, problem mortgage loans on real estate had
an amortized cost of $4.3 million and $36.5 million, respectively, and
mortgage loans on real estate for which the payment terms have been
restructured had an amortized cost of $114.2 million and $137.7 million,
respectively. At December 31, 1996 and 1995, the restructured mortgage
loans on real estate amount included $.7 million and $8.8 million,
respectively, of problem mortgage loans on real estate.
Impaired mortgage loans (as defined under SFAS No. 114) along with the
related provision for losses were as follows:
<TABLE>
<CAPTION>
DECEMBER 31,
------------------------------------
1996 1995
---------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Impaired mortgage loans with provision for losses......... $ 128.1 $ 106.8
Impaired mortgage loans with no provision for losses...... .6 10.1
---------------- -----------------
Recorded investment in impaired mortgages................. 128.7 116.9
Provision for losses...................................... 12.9 17.9
---------------- -----------------
Net Impaired Mortgage Loans............................... $ 115.8 $ 99.0
================ =================
</TABLE>
During 1996 and 1995, respectively, the Closed Block's average recorded
investment in impaired mortgage loans was $153.8 million and $146.9
million, respectively. Interest income recognized on these impaired
mortgage loans totaled $10.9 million and $5.9 million for 1996 and 1995,
respectively, including $4.7 million and $1.3 million recognized on a
cash basis.
Valuation allowances amounted to $13.8 million and $18.4 million on
mortgage loans on real estate and $3.7 million and $4.3 million on
equity real estate at December 31, 1996 and 1995, respectively.
Writedowns of fixed maturities amounted to $12.8 million, $16.8 million
and $15.9 million for 1996, 1995 and 1994, respectively. As of January
1, 1996, the adoption of SFAS No. 121 resulted in the recognition of
impairment losses of $5.6 million on real estate held and used.
Many expenses related to Closed Block operations are charged to
operations outside of the Closed Block; accordingly, the contribution
from the Closed Block does not represent the actual profitability of the
Closed Block operations. Operating costs and expenses outside of the
Closed Block are, therefore, disproportionate to the business outside of
the Closed Block.
F-22
<PAGE>
7) DISCONTINUED OPERATIONS
Summarized financial information of the GIC Segment follows:
<TABLE>
<CAPTION>
DECEMBER 31,
--------------------------------------
1996 1995
----------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Assets
Mortgage loans on real estate........... $ 1,111.1 $ 1,485.8
Equity real estate...................... 925.6 1,122.1
Other invested assets................... 474.0 665.2
Other assets............................ 226.1 579.3
----------------- -----------------
Total Assets............................ $ 2,736.8 $ 3,852.4
================= =================
Liabilities
Policyholders' liabilities.............. $ 1,335.9 $ 1,399.8
Allowance for future losses............. 262.0 164.2
Amounts due to continuing operations.... 996.2 2,097.1
Other liabilities....................... 142.7 191.3
----------------- -----------------
Total Liabilities....................... $ 2,736.8 $ 3,852.4
================= =================
</TABLE>
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Revenues
Investment income (net of investment expenses
of $127.5, $153.1 and $183.3).................... $ 245.4 $ 323.6 $ 394.3
Investment (losses) gains, net..................... (18.9) (22.9) 26.8
Policy fees, premiums and other income............. .2 .7 .4
----------------- ---------------- -----------------
Total revenues..................................... 226.7 301.4 421.5
Benefits and other deductions...................... 250.4 326.5 443.2
Losses charged to allowance for future losses...... (23.7) (25.1) (21.7)
----------------- ---------------- -----------------
Pre-tax loss from operations....................... - - -
Pre-tax loss from strengthening of the
allowance for future losses...................... (129.0) - -
Federal income tax benefit......................... 45.2 - -
----------------- ---------------- -----------------
Loss from Discontinued Operations.................. $ (83.8) $ - $ -
================= ================ =================
</TABLE>
In 1991, management adopted a plan to discontinue the business
operations of the GIC Segment consisting of group non-participating
Wind-Up Annuities and the GIC lines of business. The loss allowance and
premium deficiency reserve of $569.6 million provided for in 1991 were
based on management's best judgment at that time.
The Company's quarterly process for evaluating the loss provisions
applies the current period's results of the discontinued operations
against the allowance, re-estimates future losses, and adjusts the
provisions, if appropriate. Additionally, as part of the Company's
annual planning process which takes place in the fourth quarter of each
year, investment and benefit cash flow projections are prepared. These
updated assumptions and estimates resulted in the need to strengthen the
loss provisions by $129.0 million, resulting in a post-tax charge of
$83.8 million to discontinued operations' results in the fourth quarter
of 1996.
F-23
<PAGE>
Management believes the loss provisions for Wind-Up Annuities and GIC
contracts at December 31, 1996 are adequate to provide for all future
losses; however, the determination of loss provisions continues to
involve numerous estimates and subjective judgments regarding the
expected performance of discontinued operations investment assets. There
can be no assurance the losses provided for will not differ from the
losses ultimately realized. To the extent actual results or future
projections of the discontinued operations differ from management's
current best estimates and assumptions underlying the loss provisions,
the difference would be reflected in the consolidated statements of
earnings in discontinued operations. In particular, to the extent
income, sales proceeds and holding periods for equity real estate differ
from management's previous assumptions, periodic adjustments to the loss
provisions are likely to result.
In January 1995, continuing operations transferred $1,215.4 million in
cash to the GIC Segment in settlement of its obligation to provide
assets to fund the accumulated deficit of the GIC Segment. Subsequently,
the GIC Segment remitted $1,155.4 million in cash to continuing
operations in partial repayment of borrowings by the GIC Segment. No
gains or losses were recognized on these transactions. Amounts due to
continuing operations at December 31, 1996, consisted of $1,080.0
million borrowed by the discontinued GIC Segment offset by $83.8 million
representing an obligation of continuing operations to provide assets to
fund the accumulated deficit of the GIC Segment.
Investment income included $88.2 million of interest income for 1994 on
amounts due from continuing operations. Benefits and other deductions
include $114.3 million, $154.6 million and $219.7 million of interest
expense related to amounts borrowed from continuing operations in 1996,
1995 and 1994, respectively.
Valuation allowances amounted to $9.0 million and $19.2 million on
mortgage loans on real estate and $20.4 million and $77.9 million on
equity real estate at December 31, 1996 and 1995, respectively. As of
January 1, 1996, the adoption of SFAS No. 121 resulted in a release of
existing valuation allowances of $71.9 million on equity real estate and
recognition of impairment losses of $69.8 million on real estate held
and used. Writedowns of fixed maturities amounted to $1.6 million, $8.1
million and $17.8 million for 1996, 1995 and 1994, respectively and
writedowns of equity real estate subsequent to the adoption of SFAS No.
121 amounted to $12.3 million for 1996.
The fixed maturity portfolio, based on amortized cost, includes $6.2
million and $15.1 million at December 31, 1996 and 1995, respectively,
of restructured securities. These amounts include problem fixed
maturities of $.5 million and $6.1 million at December 31, 1996 and
1995, respectively.
At December 31, 1996 and 1995, problem mortgage loans on real estate had
amortized costs of $7.9 million and $35.4 million, respectively, and
mortgage loans on real estate for which the payment terms have been
restructured had amortized costs of $208.1 million and $289.3 million,
respectively.
Impaired mortgage loans (as defined under SFAS No. 114) along with the
related provision for losses were as follows:
<TABLE>
<CAPTION>
DECEMBER 31,
------------------------------------
1996 1995
---------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Impaired mortgage loans with provision for losses....... $ 83.5 $ 105.1
Impaired mortgage loans with no provision for losses.... 15.0 18.2
---------------- -----------------
Recorded investment in impaired mortgages............... 98.5 123.3
Provision for losses.................................... 8.8 17.7
---------------- -----------------
Net Impaired Mortgage Loans............................. $ 89.7 $ 105.6
================ =================
</TABLE>
F-24
<PAGE>
During 1996 and 1995, the GIC Segment's average recorded investment in
impaired mortgage loans was $134.8 million and $177.4 million,
respectively. Interest income recognized on these impaired mortgage
loans totaled $10.1 million and $4.5 million for 1996 and 1995,
respectively, including $7.5 million and $.4 million recognized on a
cash basis.
At December 31, 1996 and 1995, the GIC Segment had $263.0 million and
$310.9 million, respectively, of real estate acquired in satisfaction of
debt.
8) SHORT-TERM AND LONG-TERM DEBT
Short-term and long-term debt consists of the following:
<TABLE>
<CAPTION>
DECEMBER 31,
--------------------------------------
1996 1995
----------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Short-term debt.................................... $ 174.1 $ -
----------------- -----------------
Long-term debt:
Equitable Life:
6.95% surplus notes scheduled to mature 2005..... 399.4 399.3
7.70% surplus notes scheduled to mature 2015..... 199.6 199.6
Eurodollar notes, 10.5% due 1997................. - 76.2
Zero coupon note, 11.25% due 1997................ - 120.1
Other............................................ .5 16.3
----------------- -----------------
Total Equitable Life......................... 599.5 811.5
----------------- -----------------
Wholly Owned and Joint Venture Real Estate:
Mortgage notes, 4.92% - 12.50% due through 2006.. 968.6 1,084.4
----------------- -----------------
Alliance:
Other............................................ 24.7 3.4
----------------- -----------------
Total long-term debt............................... 1,592.8 1,899.3
----------------- -----------------
Total Short-term and Long-term Debt................ $ 1,766.9 $ 1,899.3
================= =================
</TABLE>
Short-term Debt
---------------
Equitable Life has a $350.0 million bank credit facility available to
fund short-term working capital needs and to facilitate the securities
settlement process. The credit facility consists of two types of
borrowing options with varying interest rates. The interest rates are
based on external indices dependent on the type of borrowing and at
December 31, 1996 range from 5.73% (the London Interbank Offering Rate
("LIBOR") plus 22.5 basis points) to 8.25% (the prime rate). There were
no borrowings outstanding under this bank credit facility at December
31, 1996.
F-25
<PAGE>
Equitable Life has a commercial paper program with an issue limit of
$500.0 million. This program is available for general corporate purposes
used to support Equitable Life's liquidity needs and is supported by
Equitable Life's existing $350.0 million five-year bank credit facility.
There were no borrowings outstanding under this program at December 31,
1996.
In February 1996, Alliance entered into a new $250.0 million five-year
revolving credit facility with a group of banks which replaced its
$100.0 million revolving credit facility and its $100.0 million
commercial paper back-up revolving credit facility. Under the new
revolving credit facility, the interest rate, at the option of Alliance,
is a floating rate generally based upon a defined prime rate, a rate
related to the LIBOR or the Federal Funds rate. A facility fee is
payable on the total facility. The revolving credit facility will be
used to provide back-up liquidity for commercial paper to be used under
Alliance's $100.0 million commercial paper program, to fund commission
payments to financial intermediaries for the sale of Class B and C
shares under Alliance's mutual fund distribution system, and for general
working capital purposes. As of December 31, 1996, Alliance had not
issued any commercial paper under its $100.0 million commercial paper
program and there were no borrowings outstanding under Alliance's
revolving credit facility.
At December 31, 1996, long-term debt expected to mature in 1997 totaling
$174.1 million was reclassified as short-term debt.
Long-term Debt
--------------
Several of the long-term debt agreements have restrictive covenants
related to the total amount of debt, net tangible assets and other
matters. The Company is in compliance with all debt covenants.
On December 18, 1995, Equitable Life issued, in accordance with Section
1307 of the New York Insurance Law, $400.0 million of surplus notes
having an interest rate of 6.95% scheduled to mature in 2005 and $200.0
million of surplus notes having an interest rate of 7.70% scheduled to
mature in 2015 (together, the "Surplus Notes"). Proceeds from the
issuance of the Surplus Notes were $596.6 million, net of related
issuance costs. The unamortized discount on the Surplus Notes was $1.0
million at December 31, 1996. Payments of interest on or principal of
the Surplus Notes are subject to prior approval by the Superintendent.
The Company has pledged real estate, mortgage loans, cash and securities
amounting to $1,406.4 million and $1,629.7 million at December 31, 1996
and 1995, respectively, as collateral for certain long-term debt.
At December 31, 1996, aggregate maturities of the long-term debt based
on required principal payments at maturity for 1997 and the succeeding
four years are $494.9 million, $316.7 million, $19.7 million, $5.4
million, $0 million, respectively, and $946.7 million thereafter.
9) FEDERAL INCOME TAXES
A summary of the Federal income tax expense (benefit) in the
consolidated statements of earnings is shown below:
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Federal income tax expense (benefit):
Current............................... $ 97.9 $ (11.7) $ 4.0
Deferred.............................. (88.2) 132.2 96.2
----------------- ---------------- -----------------
Total................................... $ 9.7 $ 120.5 $ 100.2
================= ================ =================
</TABLE>
F-26
<PAGE>
The Federal income taxes attributable to consolidated operations are
different from the amounts determined by multiplying the earnings before
Federal income taxes and minority interest by the expected Federal
income tax rate of 35%. The sources of the difference and the tax
effects of each are as follows:
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Expected Federal income tax expense..... $ 73.0 $ 173.7 $ 154.5
Non-taxable minority interest........... (28.6) (22.0) (17.6)
Differential earnings amount............ - - (16.8)
Adjustment of tax audit reserves........ 6.9 4.1 (4.6)
Equity in unconsolidated subsidiaries... (32.3) (19.4) (12.5)
Other................................... (9.3) (15.9) (2.8)
----------------- ---------------- -----------------
Federal Income Tax Expense.............. $ 9.7 $ 120.5 $ 100.2
================= ================ =================
</TABLE>
Prior to the date of demutualization, Equitable Life reduced its
deduction for policyholder dividends by the differential earnings
amount. This amount was computed, for each tax year, by multiplying
Equitable Life's average equity base, as determined for tax purposes, by
an estimate of the excess of an imputed earnings rate for stock life
insurance companies over the average mutual life insurance companies'
earnings rate. The differential earnings amount for each tax year was
subsequently recomputed when actual earnings rates were published by the
Internal Revenue Service. As a stock life insurance company, Equitable
Life no longer is required to reduce its policyholder dividend deduction
by the differential earnings amount, but differential earnings amounts
for pre-demutualization years were still being recomputed in 1994.
The components of the net deferred Federal income tax account are as
follows:
<TABLE>
<CAPTION>
DECEMBER 31, 1996 December 31, 1995
--------------------------------- ---------------------------------
ASSETS LIABILITIES Assets Liabilities
--------------- ---------------- --------------- ---------------
(IN MILLIONS)
<S> <C> <C> <C> <C>
DAC, reserves and reinsurance.......... $ - $ 166.0 $ - $ 304.4
Investments............................ - 328.6 - 326.9
Compensation and related benefits...... 259.2 - 293.0 -
Other.................................. - 1.8 - 32.3
--------------- ---------------- --------------- ---------------
Total.................................. $ 259.2 $ 496.4 $ 293.0 $ 663.6
=============== ================ =============== ===============
</TABLE>
The deferred Federal income taxes impacting operations reflect the net
tax effects of temporary differences between the carrying amounts of
assets and liabilities for financial reporting purposes and the amounts
used for income tax purposes. The sources of these temporary differences
and the tax effects of each are as follows:
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
DAC, reserves and reinsurance......... $ (156.2) $ 63.3 $ 12.0
Investments........................... 78.6 13.0 89.3
Compensation and related benefits..... 22.3 30.8 10.0
Other................................. (32.9) 25.1 (15.1)
----------------- ---------------- -----------------
Deferred Federal Income Tax
(Benefit) Expense................... $ (88.2) $ 132.2 $ 96.2
================= ================ =================
</TABLE>
F-27
<PAGE>
The Internal Revenue Service is in the process of examining the Holding
Company's consolidated Federal income tax returns for the years 1989
through 1991. Management believes these audits will have no material
adverse effect on the Company's results of operations.
10) REINSURANCE AGREEMENTS
The Insurance Group assumes and cedes reinsurance with other insurance
companies. The Insurance Group evaluates the financial condition of its
reinsurers to minimize its exposure to significant losses from reinsurer
insolvencies. The effect of reinsurance (excluding group life and
health) is summarized as follows:
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Direct premiums.................................... $ 461.4 $ 474.2 $ 476.7
Reinsurance assumed................................ 177.5 171.3 180.5
Reinsurance ceded.................................. (41.3) (38.7) (31.6)
----------------- ---------------- -----------------
Premiums........................................... $ 597.6 $ 606.8 $ 625.6
================= ================ =================
Universal Life and Investment-type Product
Policy Fee Income Ceded.......................... $ 48.2 $ 44.0 $ 27.5
================= ================ =================
Policyholders' Benefits Ceded...................... $ 54.1 $ 48.9 $ 20.7
================= ================ =================
Interest Credited to Policyholders' Account
Balances Ceded................................... $ 32.3 $ 28.5 $ 25.4
================= ================ =================
</TABLE>
Effective January 1, 1994, all in force business above $5.0 million was
reinsured. During 1996, the Company's retention limit on joint
survivorship policies was increased to $15.0 million. The Insurance
Group also reinsures the entire risk on certain substandard underwriting
risks as well as in certain other cases.
The Insurance Group cedes 100% of its group life and health business to
a third party insurance company. Premiums ceded totaled $2.4 million,
$260.6 million and $241.0 million for 1996, 1995 and 1994, respectively.
Ceded death and disability benefits totaled $21.2 million, $188.1
million and $235.5 million for 1996, 1995 and 1994, respectively.
Insurance liabilities ceded totaled $652.4 million and $724.2 million at
December 31, 1996 and 1995, respectively.
11) EMPLOYEE BENEFIT PLANS
The Company sponsors qualified and non-qualified defined benefit plans
covering substantially all employees (including certain qualified
part-time employees), managers and certain agents. The pension plans are
non-contributory. Equitable Life's and EREIM's benefits are based on a
cash balance formula or years of service and final average earnings, if
greater, under certain grandfathering rules in the plans. Alliance's
benefits are based on years of credited service, average final base
salary and primary social security benefits. The Company's funding
policy is to make the minimum contribution required by the Employee
Retirement Income Security Act of 1974.
Components of net periodic pension cost (credit) for the qualified and
non-qualified plans are as follows:
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Service cost....................................... $ 33.8 $ 30.0 $ 30.3
Interest cost on projected benefit obligations..... 120.8 122.0 111.0
Actual return on assets............................ (181.4) (309.2) 24.4
Net amortization and deferrals..................... 43.4 155.6 (142.5)
----------------- ---------------- -----------------
Net Periodic Pension Cost (Credit)................. $ 16.6 $ (1.6) $ 23.2
================= ================ =================
</TABLE>
F-28
<PAGE>
The funded status of the qualified and non-qualified pension plans is as
follows:
<TABLE>
<CAPTION>
DECEMBER 31,
------------------------------------
1996 1995
---------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Actuarial present value of obligations:
Vested.................................................. $ 1,672.2 $ 1,642.4
Non-vested.............................................. 10.1 10.9
---------------- -----------------
Accumulated Benefit Obligation............................ $ 1,682.3 $ 1,653.3
================ =================
Plan assets at fair value................................. $ 1,626.0 $ 1,503.8
Projected benefit obligation.............................. 1,765.5 1,743.0
---------------- -----------------
Projected benefit obligation in excess of plan assets..... (139.5) (239.2)
Unrecognized prior service cost........................... (17.9) (25.5)
Unrecognized net loss from past experience different
from that assumed....................................... 280.0 368.2
Unrecognized net asset at transition...................... 4.7 (7.3)
Additional minimum liability.............................. (19.3) (51.9)
---------------- -----------------
Prepaid Pension Cost...................................... $ 108.0 $ 44.3
================ =================
</TABLE>
The discount rate and rate of increase in future compensation levels
used in determining the actuarial present value of projected benefit
obligations were 7.5% and 4.25%, respectively, at December 31, 1996 and
7.25% and 4.50%, respectively, at December 31, 1995. As of January 1,
1996 and 1995, the expected long-term rate of return on assets for the
retirement plan was 10.25% and 11%, respectively.
The Company recorded, as a reduction of shareholder's equity, an
additional minimum pension liability of $12.9 million and $35.1 million,
net of Federal income taxes, at December 31, 1996 and 1995,
respectively, representing the excess of the accumulated benefit
obligation over the fair value of plan assets and accrued pension
liability.
The pension plan's assets include corporate and government debt
securities, equity securities, equity real estate and shares of Group
Trusts managed by Alliance.
Prior to 1987, the qualified plan funded participants' benefits through
the purchase of non-participating annuity contracts from Equitable Life.
Benefit payments under these contracts were approximately $34.7 million,
$36.4 million and $38.1 million for 1996, 1995 and 1994, respectively.
The Company provides certain medical and life insurance benefits
(collectively, "postretirement benefits") for qualifying employees,
managers and agents retiring from the Company on or after attaining age
55 who have at least 10 years of service. The life insurance benefits
are related to age and salary at retirement. The costs of postretirement
benefits are recognized in accordance with the provisions of SFAS No.
106. The Company continues to fund postretirement benefits costs on a
pay-as-you-go basis and, for 1996, 1995 and 1994, the Company made
estimated postretirement benefits payments of $18.9 million, $31.1
million and $29.8 million, respectively.
F-29
<PAGE>
The following table sets forth the postretirement benefits plan's
status, reconciled to amounts recognized in the Company's consolidated
financial statements:
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Service cost....................................... $ 5.3 $ 4.0 $ 3.9
Interest cost on accumulated postretirement
benefits obligation.............................. 34.6 34.7 28.6
Net amortization and deferrals..................... 2.4 (2.3) (3.9)
----------------- ---------------- -----------------
Net Periodic Postretirement Benefits Costs......... $ 42.3 $ 36.4 $ 28.6
================= ================ =================
</TABLE>
<TABLE>
<CAPTION>
DECEMBER 31,
------------------------------------
1996 1995
---------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Accumulated postretirement benefits obligation:
Retirees................................................ $ 381.8 $ 391.8
Fully eligible active plan participants................. 50.7 50.4
Other active plan participants.......................... 60.7 64.2
---------------- -----------------
493.2 506.4
Unrecognized prior service cost........................... 50.5 56.3
Unrecognized net loss from past experience different
from that assumed and from changes in assumptions....... (150.5) (181.3)
---------------- -----------------
Accrued Postretirement Benefits Cost...................... $ 393.2 $ 381.4
================ =================
</TABLE>
At January 1, 1994, medical benefits available to retirees under age 65
are the same as those offered to active employees and medical benefits
will be limited to 200% of 1993 costs for all participants.
The assumed health care cost trend rate used in measuring the
accumulated postretirement benefits obligation was 9.5% in 1996,
gradually declining to 3.5% in the year 2009 and in 1995 was 10%,
gradually declining to 3.5% in the year 2008. The discount rate used in
determining the accumulated postretirement benefits obligation was 7.50%
and 7.25% at December 31, 1996 and 1995, respectively.
If the health care cost trend rate assumptions were increased by 1%, the
accumulated postretirement benefits obligation as of December 31, 1996
would be increased 7%. The effect of this change on the sum of the
service cost and interest cost would be an increase of 8%.
12) DERIVATIVES AND FAIR VALUE OF FINANCIAL INSTRUMENTS
Derivatives
-----------
The Insurance Group primarily uses derivatives for asset/liability risk
management and for hedging individual securities. Derivatives mainly are
utilized to reduce the Insurance Group's exposure to interest rate
fluctuations. Accounting for interest rate swap transactions is on an
accrual basis. Gains and losses related to interest rate swap
transactions are amortized as yield adjustments over the remaining life
of the underlying hedged security. Income and expense resulting from
interest rate swap activities are reflected in net investment income.
The notional amount of matched interest rate swaps outstanding at
December 31, 1996 was $649.9 million. The average unexpired terms at
December 31, 1996 range from 2.2 to 2.7 years. At December 31, 1996, the
cost of terminating outstanding matched swaps in a loss position was
$8.3 million and the unrealized gain on outstanding matched swaps in a
gain position was $11.4 million. The Company has no intention of
terminating these contracts prior to maturity. During 1996, 1995 and
1994, net gains (losses) of $.2 million, $1.4 million and $(.2) million,
respectively, were recorded in connection with
F-30
<PAGE>
interest rate swap activity. Equitable Life has implemented an interest
rate cap program designed to hedge crediting rates on interest-sensitive
individual annuities contracts. The outstanding notional amounts at
December 31, 1996 of contracts purchased and sold were $5,050.0 million
and $500.0 million, respectively. The net premium paid by Equitable Life
on these contracts was $22.5 million and is being amortized ratably over
the contract periods ranging from 3 to 5 years. Income and expense
resulting from this program are reflected as an adjustment to interest
credited to policyholders' account balances.
Substantially all of DLJ's business related to derivatives is by its
nature trading activities which are primarily for the purpose of
customer accommodations. DLJ's derivative activities consist primarily
of option writing and trading in forward and futures contracts.
Derivative financial instruments have both on-and-off balance sheet
implications depending on the nature of the contracts. DLJ's involvement
in swap contracts is not significant.
Fair Value of Financial Instruments
-----------------------------------
The Company defines fair value as the quoted market prices for those
instruments that are actively traded in financial markets. In cases
where quoted market prices are not available, fair values are estimated
using present value or other valuation techniques. The fair value
estimates are made at a specific point in time, based on available
market information and judgments about the financial instrument,
including estimates of timing, amount of expected future cash flows and
the credit standing of counterparties. Such estimates do not reflect any
premium or discount that could result from offering for sale at one time
the Company's entire holdings of a particular financial instrument, nor
do they consider the tax impact of the realization of unrealized gains
or losses. In many cases, the fair value estimates cannot be
substantiated by comparison to independent markets, nor can the
disclosed value be realized in immediate settlement of the instrument.
Certain financial instruments are excluded, particularly insurance
liabilities other than financial guarantees and investment contracts.
Fair market value of off-balance-sheet financial instruments of the
Insurance Group was not material at December 31, 1996 and 1995.
Fair value for mortgage loans on real estate are estimated by
discounting future contractual cash flows using interest rates at which
loans with similar characteristics and credit quality would be made.
Fair values for foreclosed mortgage loans and problem mortgage loans are
limited to the estimated fair value of the underlying collateral if
lower.
The estimated fair values for the Company's liabilities under GIC and
association plan contracts are estimated using contractual cash flows
discounted based on the T. Rowe Price GIC Index Rate for the appropriate
duration. For durations in excess of the published index rate, the
appropriate Treasury rate is used plus a spread equal to the longest
duration GIC rate spread published.
The estimated fair values for those group annuity contracts which are
classified as universal life type contracts are measured at the
estimated fair value of the underlying assets. The estimated fair values
for single premium deferred annuities ("SPDA") are estimated using
projected cash flows discounted at current offering rates. The estimated
fair values for supplementary contracts not involving life contingencies
("SCNILC") and annuities certain are derived using discounted cash flows
based upon the estimated current offering rate.
Fair value for long-term debt is determined using published market
values, where available, or contractual cash flows discounted at market
interest rates. The estimated fair values for non-recourse mortgage debt
are determined by discounting contractual cash flows at a rate which
takes into account the level of current market interest rates and
collateral risk. The estimated fair values for recourse mortgage debt
are determined by discounting contractual cash flows at a rate based
upon current interest rates of other companies with credit ratings
similar to the Company. The Company's fair value of short-term
borrowings approximates their carrying value.
F-31
<PAGE>
The following table discloses carrying value and estimated fair value
for financial instruments not otherwise disclosed in Notes 3, 6 and 7:
<TABLE>
<CAPTION>
DECEMBER 31,
--------------------------------------------------------------------
1996 1995
--------------------------------- ---------------------------------
CARRYING ESTIMATED Carrying Estimated
VALUE FAIR VALUE Value Fair Value
--------------- ---------------- --------------- ---------------
(IN MILLIONS)
<S> <C> <C> <C> <C>
Consolidated Financial Instruments:
-----------------------------------
Mortgage loans on real estate.......... $ 3,133.0 $ 3,394.6 $ 3,638.3 $ 3,973.6
Other joint ventures................... 467.0 467.0 492.7 492.7
Policy loans........................... 2,196.1 2,221.6 1,976.4 2,057.5
Policyholders' account balances:
Association plans.................... 78.1 77.3 101.0 100.0
Group annuity contracts.............. 2,141.0 1,954.0 2,335.0 2,395.0
SPDA................................. 1,062.7 1,065.7 1,265.8 1,272.0
Annuities certain and SCNILC......... 654.9 736.2 646.4 716.7
Long-term debt......................... 1,592.8 1,557.7 1,899.3 1,962.9
Closed Block Financial Instruments:
-----------------------------------
Mortgage loans on real estate.......... 1,380.7 1,425.6 1,368.8 1,461.4
Other equity investments............... 105.0 105.0 151.6 151.6
Policy loans........................... 1,765.9 1,798.0 1,797.2 1,891.4
SCNILC liability....................... 30.6 34.9 34.8 39.6
GIC Segment Financial Instruments:
----------------------------------
Mortgage loans on real estate.......... 1,111.1 1,220.3 1,485.8 1,666.1
Fixed maturities....................... 42.5 42.5 107.4 107.4
Other equity investments............... 300.5 300.5 455.9 455.9
Guaranteed interest contracts.......... 290.7 300.5 329.0 352.0
Long-term debt......................... 102.1 102.2 135.1 136.0
</TABLE>
13) COMMITMENTS AND CONTINGENT LIABILITIES
The Company has provided, from time to time, certain guarantees or
commitments to affiliates, investors and others. These arrangements
include commitments by the Company, under certain conditions: to make
capital contributions of up to $244.9 million to affiliated real estate
joint ventures; to provide equity financing to certain limited
partnerships of $205.8 million at December 31, 1996, under existing loan
or loan commitment agreements; and to provide short-term financing loans
which at December 31, 1996 totaled $14.6 million. Management believes
the Company will not incur any material losses as a result of these
commitments.
Equitable Life is the obligor under certain structured settlement
agreements which it had entered into with unaffiliated insurance
companies and beneficiaries. To satisfy its obligations under these
agreements, Equitable Life owns single premium annuities issued by
previously wholly owned life insurance subsidiaries. Equitable Life has
directed payment under these annuities to be made directly to the
beneficiaries under the structured settlement agreements. A contingent
liability exists with respect to these agreements should the previously
wholly owned subsidiaries be unable to meet their obligations.
Management believes the satisfaction of those obligations by Equitable
Life is remote.
At December 31, 1996, the Insurance Group had $51.6 million of letters
of credit outstanding.
F-32
<PAGE>
14) LITIGATION
A number of lawsuits has been filed against life and health insurers in
the jurisdictions in which Equitable Life and its subsidiaries do
business involving insurers' sales practices, alleged agent misconduct,
failure to properly supervise agents, and other matters. Some of the
lawsuits have resulted in the award of substantial judgments against
other insurers, including material amounts of punitive damages, or in
substantial settlements. In some states, juries have substantial
discretion in awarding punitive damages. Equitable Life, EVLICO and The
Equitable of Colorado, Inc. ("EOC"), like other life and health
insurers, from time to time are involved in such litigation. To date, no
such lawsuit has resulted in an award or settlement of any material
amount against the Company. Among litigations pending against Equitable
Life, EVLICO and EOC of the type referred to in this paragraph are the
litigations described in the following eight paragraphs.
An action entitled Golomb et al. v. The Equitable Life Assurance Society
of the United States was filed on January 20, 1995 in New York County
Supreme Court. The action purports to be brought on behalf of a class of
persons insured after 1983 under Lifetime Guaranteed Renewable Major
Medical Insurance Policies issued by Equitable Life (the "policies").
The complaint alleges that premium increases for these policies after
1983, all of which were filed with and approved by the New York State
Insurance Department and certain other state insurance departments,
breached the terms of the policies, and that statements in the policies
and elsewhere concerning premium increases constituted fraudulent
concealment, misrepresentations in violation of New York Insurance Law
Section 4226 and deceptive practices under New York General Business Law
Section 349. The complaint seeks a declaratory judgment, injunctive
relief restricting the methods by which Equitable Life increases
premiums on the policies in the future, a refund of premiums, and
punitive damages. Plaintiffs also have indicated that they will seek
damages in an unspecified amount. Equitable Life moved to dismiss the
complaint in its entirety on the grounds that it fails to state a claim
and that uncontroverted documentary evidence establishes a complete
defense to the claims. On May 29, 1996, the New York County Supreme
Court entered a judgment dismissing the complaint with prejudice.
Plaintiffs have filed a notice of appeal of that judgment.
In January 1996, separate actions were filed in Pennsylvania and Texas
state courts (entitled, respectively, Malvin et al. v. The Equitable
Life Assurance Society of the United States and Bowler et al. v. The
Equitable Life Assurance Society of the United States), making claims
similar to those in the New York action described above. The Texas
action also claims that Equitable Life misrepresented to Texas
policyholders that the Texas Insurance Department had approved Equitable
Life's rate increases. These actions are asserted on behalf of proposed
classes of Pennsylvania issued or renewed policyholders and Texas issued
or renewed policyholders, insured under the policies. The Pennsylvania
and Texas actions seek compensatory and punitive damages and injunctive
relief restricting the methods by which Equitable Life increases
premiums in the future based on the common law and statutes of those
states. On February 9, 1996, Equitable Life removed the Pennsylvania
action, Malvin, to the United States District Court for the Middle
District of Pennsylvania. Following the decision granting Equitable
Life's motion to dismiss the New York action (Golomb), on the consent of
the parties the District Court ordered an indefinite stay of all
proceedings in the Pennsylvania action, pending either party's right to
reinstate the proceeding, and ordered that for administrative purposes
the case be deemed administratively closed. On February 2, 1996,
Equitable Life removed the Texas action, Bowler, to the United States
District Court for the Northern District of Texas. On May 20, 1996, the
plaintiffs in Bowler amended their complaint by adding allegations of
misrepresentation regarding premium increases on other types of
guaranteed renewable major medical insurance policies issued by
Equitable Life up to and including 1983. On July 1, 1996, Equitable Life
filed a motion for summary judgment dismissing the first amended
complaint in its entirety. In August, 1996, the court granted plaintiffs
leave to file a supplemental complaint on behalf of a proposed class of
Texas policyholders claiming unfair discrimination, breach of contract
and other claims arising out of alleged differences between premiums
charged to Texas policyholders and premiums charged to similarly
situated policyholders in New York and certain other states. Plaintiffs
seek refunds of alleged overcharges, exemplary or additional damages
citing
F-33
<PAGE>
Texas statutory provisions which among other things, permit two times
the amount of actual damage plus additional penalties if the acts
complained of are found to be knowingly committed, and injunctive
relief. Equitable Life has also filed a motion for summary judgment
dismissing the supplemental complaint in its entirety. Plaintiffs also
obtained permission to add another plaintiff to the first amended and
supplemental complaints. Plaintiffs have opposed both motions for
summary judgment and requested that certain issues be found in their
favor. Equitable Life is in the process of replying.
On May 22, 1996, a separate action entitled Bachman v. The Equitable
Life Assurance Society of the United States, was filed in Florida state
court making claims similar to those in the previously reported Golomb
action. The Florida action is asserted on behalf of a proposed class of
Florida issued or renewed policyholders insured after 1983 under
Lifetime Guaranteed Renewable Major Medical Insurance Policies issued by
Equitable Life. The Florida action seeks compensatory and punitive
damages and injunctive relief restricting the methods by which Equitable
Life increases premiums in the future based on various common law
claims. On June 20, 1996, Equitable Life removed the Florida action to
Federal court. Equitable Life has answered the complaint, denying the
material allegations and asserting certain affirmative defenses. On
December 6, 1996, Equitable Life filed a motion for summary judgment and
plaintiff is expected to file its response to that motion shortly.
On November 6, 1996, a proposed class action entitled Fletcher, et al.
v. The Equitable Life Assurance Society of the United States, was filed
in California Superior Court for Fresno County, making substantially the
same allegations concerning premium rates and premium rate increases on
guaranteed renewable policies made in the Bowler action. The complaint
alleges, among other things, that differentials between rates charged
California policyholders and policyholders in New York and certain other
states, and the methods used by Equitable Life to calculate premium
increases, breached the terms of its policies, that Equitable Life
misrepresented and concealed the facts pertaining to such differentials
and methods in violation of California law, and that Equitable Life also
misrepresented that its rate increases were approved by the California
Insurance Department. Plaintiffs seek compensatory damages in an
unspecified amount, rescission, injunctive relief and attorneys' fees.
Equitable Life removed the action to Federal court; plaintiff has moved
to remand the case to state court. Although the outcome of any
litigation cannot be predicted with certainty, particularly in the early
stages of an action, the Company's management believes that the ultimate
resolution of the Golomb, Malvin, Bowler, Bachman and Fletcher
litigations should not have a material adverse effect on the financial
position of the Company. Due to the early stage of such litigations, the
Company's management cannot make an estimate of loss, if any, or predict
whether or not such litigations will have a material adverse effect on
the Company's results of operations in any particular period.
An action was instituted on April 6, 1995 against Equitable Life and its
wholly owned subsidiary, EOC, in New York state court, entitled Sidney
C. Cole et al. v. The Equitable Life Assurance Society of the United
States and The Equitable of Colorado, Inc., No. 95/108611 (N. Y.
County). The action is brought by the holders of a joint survivorship
whole life policy issued by EOC. The action purports to be on behalf of
a class consisting of all persons who from January 1, 1984 purchased
life insurance policies sold by Equitable Life and EOC based upon their
allegedly uniform sales presentations and policy illustrations. The
complaint puts in issue various alleged sales practices that plaintiffs
assert, among other things, misrepresented the stated number of years
that the annual premium would need to be paid. Plaintiffs seek damages
in an unspecified amount, imposition of a constructive trust, and seek
to enjoin Equitable Life and EOC from engaging in the challenged sales
practices. On June 28, 1996, the court issued a decision and order
dismissing with prejudice plaintiff's causes of action for fraud,
constructive fraud, breach of fiduciary duty, negligence, and unjust
enrichment, and dismissing without prejudice plaintiff's cause of action
under the New York State consumer protection statute. The only remaining
causes of action are for breach of contract and negligent
misrepresentation. Plaintiffs made a motion for reargument with respect
to this order, which was submitted to the court in October 1996. This
motion was denied by the court on December 16, 1996.
F-34
<PAGE>
On May 21, 1996, an action entitled Elton F. Duncan, III v. The
Equitable Life Assurance Society of the United States, was commenced
against Equitable Life in the Civil District Court for the Parish of
Orleans, State of Louisiana. The action is brought by an individual who
purchased a whole life policy. Plaintiff alleges misrepresentations
concerning the extent to which the policy was a proper replacement
policy and the number of years that the annual premium would need to be
paid. Plaintiff purports to represent a class consisting of all persons
who purchased whole life or universal life insurance policies from
Equitable Life from January 1, 1982 to the present. Plaintiff seeks
damages, including punitive damages, in an unspecified amount. On July
26, 1996, an action entitled Michael Bradley v. Equitable Variable Life
Insurance Company, was commenced in New York state court. The action is
brought by the holder of a variable life insurance policy issued by
EVLICO. The plaintiff purports to represent a class consisting of all
persons or entities who purchased one or more life insurance policies
issued by EVLICO from January 1, 1980. The complaint puts at issue
various alleged sales practices and alleges misrepresentations
concerning the extent to which the policy was a proper replacement
policy and the number of years that the annual premium would need to be
paid. Plaintiff seeks damages, including punitive damages, in an
unspecified amount and also seeks injunctive relief prohibiting EVLICO
from canceling policies for failure to make premium payments beyond the
alleged stated number of years that the annual premium would need to be
paid. On September 21, 1996 Equitable Life, EVLICO and EOC made a motion
to have this proceeding moved from Kings County Supreme Court to New
York County for joint trial or consolidation with the Cole action. The
motion was denied by the court on January 9, 1997. On January 10, 1997,
plaintiffs moved for certification of a nationwide class consisting of
all persons or entities who were sold one or more life insurance
products on a "vanishing premium" basis and/or were allegedly induced to
purchase additional policies from EVLICO, using the cash value
accumulated in existing policies, from January 1, 1980 through and
including December 31, 1996. Plaintiffs further moved to have Michael
Bradley designated as the class representative. Discovery regarding
class certification is underway.
On December 12, 1996, an action entitled Robert E. Dillon v. The
Equitable Life Assurance Society of the United States and The Equitable
of Colorado, was commenced in the United States District Court for the
Southern District of Florida. The action is brought by an individual who
purchased a joint whole life policy from EOC. The complaint puts at
issue various alleged sales practices and alleges misrepresentations
concerning the alleged impropriety of replacement policies issued by
Equitable Life and EOC and alleged misrepresentations regarding the
number of years premiums would have to be paid on the defendants'
policies. Plaintiff brings claims for breach of contract, fraud,
negligent misrepresentation, money had and received, unjust enrichment
and imposition of a constructive trust. Plaintiff purports to represent
two classes of persons. The first is a "contract class," consisting of
all persons who purchased whole or universal life insurance policies
from Equitable Life and EOC and from whom Equitable Life and EOC have
sought additional payments beyond the number of years allegedly promised
by Equitable Life and EOC. The second is a "fraud class," consisting of
all persons with an interest in policies issued by Equitable Life and
EOC at any time since October 1, 1986. Plaintiff seeks damages in an
unspecified amount, and also seeks injunctive relief attaching Equitable
Life's and EOC's profits from their alleged sales practices. Equitable
Life's and EOC's time to answer or move with respect to the complaint
has been extended until February 24, 1997. Although the outcome of
litigation cannot be predicted with certainty, particularly in the early
stages of an action, the Company's management believes that the ultimate
resolution of the Cole, Duncan, Bradley and Dillon litigations should
not have a material adverse effect on the financial position of the
Company. Due to the early stages of such litigations, the Company's
management cannot make an estimate of loss, if any, or predict whether
or not any such litigation will have a material adverse effect on the
Company's results of operations in any particular period.
On January 3, 1996, an amended complaint was filed in an action entitled
Frank Franze Jr. and George Busher, individually and on behalf of all
others similarly situated v. The Equitable Life Assurance Society of the
United States, and Equitable Variable Life Insurance Company, No.
94-2036 in the United States District Court for the Southern District of
Florida. The action was brought by two individuals who purchased
variable life insurance policies. The plaintiffs purport to represent a
nationwide class consisting of all persons who purchased variable life
insurance policies from Equitable Life and EVLICO since September 30,
1991. The basic allegation of the amended complaint is that Equitable
Life's and EVLICO's agents were trained not to
F-35
<PAGE>
disclose fully that the product being sold was life insurance.
Plaintiffs allege violations of the Federal securities laws and seek
rescission of the contracts or compensatory damages and attorneys' fees
and expenses. The court denied Equitable Life and EVLICO's motion to
dismiss the amended complaint on September 24, 1996. Equitable Life and
EVLICO have answered the amended complaint, denying the material
allegations and asserting certain affirmative defenses. Currently, the
parties are conducting discovery in connection with plaintiffs' attempt
to certify a class. On January 9, 1997, an action entitled Rosemarie
Chaviano, individually and on behalf of all others similarly situated v.
The Equitable Life Assurance Society of the United States, and Equitable
Variable Life Insurance Company, was filed in Massachusetts state court
making claims similar to those in the Franze action and alleging
violations of the Massachusetts securities laws. The plaintiff purports
to represent all persons in Massachusetts who purchased variable life
insurance contracts from Equitable Life and EVLICO from January 9, 1993
to the present. The Massachusetts action seeks rescission of the
contracts or compensatory damages, attorneys' fees, expenses and
injunctive relief. Although the outcome of any litigation cannot be
predicted with certainty, particularly in the early stages of an action,
the Company's management believes that the ultimate resolution of the
litigations discussed in this paragraph should not have a material
adverse effect on the financial position of the Company. Due to the
early stages of such litigation, the Company's management cannot make an
estimate of loss, if any, or predict whether or not any such litigation
will have a material adverse effect on the Company's results of
operations in any particular period.
Equitable Life recently responded to a subpoena from the U.S. Department
of Labor ("DOL") requesting copies of any third-party appraisals in
Equitable Life's possession relating to the ten largest properties (by
value) in the Prime Property Fund ("PPF"). PPF is an open-end,
commingled real estate separate account of Equitable Life for pension
clients. Equitable Life serves as investment manager in PPF and has
retained EREIM as advisor. In early 1995, the DOL commenced a national
investigation of commingled real estate funds with pension investors,
including PPF. The investigation now appears to be focused principally
on appraisal and valuation procedures in respect of fund properties. The
most recent request from the DOL seems to reflect, at least in part, an
interest in the relationship between the valuations for those properties
reflected in appraisals prepared for local property tax proceedings and
the valuations used by PPF for other purposes. At no time has the DOL
made any specific allegation that Equitable Life or EREIM has acted
improperly and Equitable Life and EREIM believe that any such allegation
would be without foundation. While the outcome of this investigation
cannot be predicted with certainty, in the opinion of management, the
ultimate resolution of this matter should not have a material adverse
effect on the Company's consolidated financial position or results of
operations in any particular period.
Equitable Casualty Insurance Company ("Casualty"), an indirect wholly
owned subsidiary of Equitable Life, is party to an arbitration
proceeding that commenced in August 1995. The proceeding relates to a
dispute among Casualty, Houston General Insurance Company ("Houston
General") and GEICO General Insurance Company ("GEICO General")
regarding the interpretation of a reinsurance agreement. The arbitration
panel issued a final award in favor of Casualty and GEICO General on
June 17, 1996. Casualty and GEICO General moved in the pending Texas
state court action, with Houston General's consent, for an order
confirming the arbitration award and entering judgment dismissing the
action. The motion was granted on January 29, 1997. The parties have
also stipulated to the dismissal without prejudice of a related Texas
Federal court action brought by Houston General against GEICO General
and Equitable Life. In connection with confirmation of the arbitration
award, Houston General paid to Casualty approximately $839,600 in
settlement of certain reimbursement claims by Casualty against Houston
General.
On July 25, 1995, a Consolidated and Supplemental Class Action Complaint
("Complaint") was filed against the Alliance North American Government
Income Trust, Inc. (the "Fund"), Alliance and certain other defendants
affiliated with Alliance, including the Holding Company, alleging
violations of Federal securities laws, fraud and breach of fiduciary
duty in connection with the Fund's investments in Mexican and Argentine
securities. The Complaint, which seeks certification of a plaintiff
class of persons who purchased or owned Class A, B or C shares of the
Fund from March 27, 1992 through December 23, 1994, seeks an unspecified
amount of damages, costs, attorneys' fees and punitive damages. The
principal allegations of the Complaint are that the Fund purchased debt
securities issued by the Mexican and Argentine governments in amounts
that
F-36
<PAGE>
were not permitted by the Fund's investment objective, and that there
was no shareholder vote to change the investment objective to permit
purchases in such amounts. The Complaint further alleges that the
decline in the value of the Mexican and Argentine securities held by the
Fund caused the Fund's net asset value to decline to the detriment of
the Fund's shareholders. On September 26, 1996, the United States
District Court for the Southern District of New York granted the
defendants' motion to dismiss all counts of the complaint. On October
11, 1996, plaintiffs filed a motion for reconsideration of the court's
decision granting defendants' motion to dismiss the Complaint. On
November 25, 1996, the court denied plaintiffs' motion for
reconsideration. On October 29, 1996, plaintiffs filed a motion for
leave to file an amended complaint. The principal allegations of the
proposed amended complaint are that the Fund did not properly disclose
that it planned to invest in mortgage-backed derivative securities and
that two advertisements used by the Fund misrepresented the risks of
investing in the Fund. Plaintiffs also reiterated allegations in the
Complaint that the Fund failed to hedge against the risks of investing
in foreign securities despite representations that it would do so.
Alliance believes that the allegations in the Complaint are without
merit and intends to vigorously defend against these claims. While the
ultimate outcome of this matter cannot be determined at this time,
management of Alliance does not expect that it will have a material
adverse effect on Alliance's results of operations or financial
condition.
On January 26, 1996, a purported purchaser of certain notes and warrants
to purchase shares of common stock of Rickel Home Centers, Inc.
("Rickel") filed a class action complaint against Donaldson, Lufkin &
Jenrette Securities Corporation ("DLJSC") and certain other defendants
for unspecified compensatory and punitive damages in the United States
District Court for the Southern District of New York. The suit was
brought on behalf of the purchasers of 126,457 units consisting of
$126,457,000 aggregate principal amount of 13 1/2% senior notes due 2001
and 126,457 warrants to purchase shares of common stock of Rickel issued
by Rickel in October 1994. The complaint alleges violations of Federal
securities laws and common law fraud against DLJSC, as the underwriter
of the units and as an owner of 7.3% of the common stock of Rickel, Eos
Partners, L.P., and General Electric Capital Corporation, each as owners
of 44.2% of the common stock of Rickel, and members of the Board of
Directors of Rickel, including a DLJSC Managing Director. The complaint
seeks to hold DLJSC liable for alleged misstatements and omissions
contained in the prospectus and registration statement filed in
connection with the offering of the units, alleging that the defendants
knew of financial losses and a decline in value of Rickel in the months
prior to the offering and did not disclose such information. The
complaint also alleges that Rickel failed to pay its semi-annual
interest payment due on the units on December 15, 1995 and that Rickel
filed a voluntary petition for reorganization pursuant to Chapter 11 of
the United States Bankruptcy Code on January 10, 1996. DLJSC intends to
defend itself vigorously against all of the allegations contained in the
complaint. Although there can be no assurance, DLJ does not believe the
outcome of this litigation will have a material adverse effect on its
financial condition. Due to the early stage of this litigation, based on
the information currently available to it, DLJ's management cannot make
an estimate of loss, if any, or predict whether or not such litigation
will have a material adverse effect on DLJ's results of operations in
any particular period.
In October 1995, DLJSC was named as a defendant in a purported class
action filed in a Texas State Court on behalf of the holders of $550.0
million principal amount of subordinated redeemable discount debentures
of National Gypsum Corporation ("NGC") canceled in connection with a
Chapter 11 plan of reorganization for NGC consummated in July 1993. The
named plaintiff in the State Court action also filed an adversary
proceeding in the Bankruptcy Court for the Northern District of Texas
seeking a declaratory judgment that the confirmed NGC plan of
reorganization does not bar the class action claims. Subsequent to the
consummation of NGC's plan of reorganization, NGC's shares traded for
values substantially in excess of, and in 1995 NGC was acquired for a
value substantially in excess of, the values upon which NGC's plan of
reorganization was based. The two actions arise out of DLJSC's
activities as financial advisor to NGC in the course of NGC's Chapter 11
reorganization proceedings. The class action complaint alleges that the
plan of reorganization submitted by NGC was based upon projections by
NGC and DLJSC which intentionally understated forecasts, and provided
misleading and incorrect information in order to hide NGC's true value
and that defendants breached their fiduciary duties by, among other
things, providing false, misleading or incomplete information to
deliberately understate the value of NGC. The class action complaint
seeks compensatory and punitive damages purportedly sustained by the
class. The Texas State Court action, which
F-37
<PAGE>
had been removed to the Bankruptcy Court, has been remanded back to the
state court, which remand is being opposed by DLJSC. DLJSC intends to
defend itself vigorously against all of the allegations contained in the
complaint. Although there can be no assurance, DLJ does not believe that
the ultimate outcome of this litigation will have a material adverse
effect on its financial condition. Due to the early stage of such
litigation, based upon the information currently available to it, DLJ's
management cannot make an estimate of loss, if any, or predict whether
or not such litigation will have a material adverse effect on DLJ's
results of operations in any particular period.
In November and December 1995, DLJSC, along with various other parties,
was named as a defendant in a number of purported class actions filed in
the U.S. District Court for the Eastern District of Louisiana. The
complaints allege violations of the Federal securities laws arising out
of a public offering in 1994 of $435.0 million of first mortgage notes
of Harrah's Jazz Company and Harrah's Jazz Finance Corp. The complaints
seek to hold DLJSC liable for various alleged misstatements and
omissions contained in the prospectus dated November 9, 1994. DLJSC
intends to defend itself vigorously against all of the allegations
contained in the complaints. Although there can be no assurance, DLJ
does not believe that the ultimate outcome of this litigation will have
a material adverse effect on its financial condition. Due to the early
stage of this litigation, based upon the information currently available
to it, DLJ's management cannot make an estimate of loss, if any, or
predict whether or not such litigation will have a material adverse
effect on DLJ's results of operations in any particular period.
In addition to the matters described above, Equitable Life and its
subsidiaries and DLJ and its subsidiaries are involved in various legal
actions and proceedings in connection with their businesses. Some of the
actions and proceedings have been brought on behalf of various alleged
classes of claimants and certain of these claimants seek damages of
unspecified amounts. While the ultimate outcome of such matters cannot
be predicted with certainty, in the opinion of management no such matter
is likely to have a material adverse effect on the Company's
consolidated financial position or results of operations.
15) LEASES
The Company has entered into operating leases for office space and
certain other assets, principally data processing equipment and office
furniture and equipment. Future minimum payments under noncancelable
leases for 1997 and the succeeding four years are $113.7 million, $110.6
million, $100.3 million, $72.3 million, $59.3 million and $427.3 million
thereafter. Minimum future sublease rental income on these noncancelable
leases for 1997 and the succeeding four years are $9.8 million, $6.0
million, $4.5 million, $2.4 million, $.8 million and $.1 million
thereafter.
At December 31, 1996, the minimum future rental income on noncancelable
operating leases for wholly owned investments in real estate for 1997
and the succeeding four years are $263.0 million, $242.1 million, $219.8
million, $194.3 million, $174.6 million and $847.1 million thereafter.
F-38
<PAGE>
16) OTHER OPERATING COSTS AND EXPENSES
Other operating costs and expenses consisted of the following:
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Compensation costs................................. $ 647.3 $ 595.9 $ 687.5
Commissions........................................ 329.5 314.3 313.0
Short-term debt interest expense................... 8.0 11.4 19.0
Long-term debt interest expense.................... 137.3 108.1 98.3
Amortization of policy acquisition costs........... 405.2 317.8 313.4
Capitalization of policy acquisition costs......... (391.9) (391.0) (410.9)
Rent expense, net of sub-lease income.............. 113.7 109.3 116.0
Other.............................................. 798.9 710.0 721.4
----------------- ---------------- -----------------
Total.............................................. $ 2,048.0 $ 1,775.8 $ 1,857.7
================= ================ =================
</TABLE>
During 1996, 1995 and 1994, the Company restructured certain operations
in connection with cost reduction programs and recorded pre-tax
provisions of $24.4 million, $32.0 million and $20.4 million,
respectively. The amounts paid during 1996, associated with cost
reduction programs, totaled $17.7 million. At December 31, 1996, the
liabilities associated with cost reduction programs amounted to $44.5
million. The 1996 cost reduction program included restructuring costs
related to the consolidation of insurance operations' service centers.
The 1995 cost reduction program included relocation expenses, including
the accelerated amortization of building improvements associated with
the relocation of the home office. The 1994 cost reduction program
included costs associated with the termination of operating leases and
employee severance benefits in connection with the consolidation of 16
insurance agencies. Amortization of DAC included $145.0 million writeoff
of DAC related to DI contracts in the fourth quarter of 1996.
17) INSURANCE GROUP STATUTORY FINANCIAL INFORMATION
Equitable Life is restricted as to the amounts it may pay as dividends
to the Holding Company. Under the New York Insurance Law, the
Superintendent has broad discretion to determine whether the financia1
condition of a stock life insurance company would support the payment of
dividends to its shareholders. For 1996, 1995 and 1994, statutory net
(loss) earnings totaled $(351.1) million, $(352.4) million and $67.5
million, respectively. No amounts are expected to be available for
dividends from Equitable Life to the Holding Company in 1997.
At December 31, 1996, the Insurance Group, in accordance with various
government and state regulations, had $21.9 million of securities
deposited with such government or state agencies.
F-39
<PAGE>
Accounting practices used to prepare statutory financial statements for
regulatory filings of stock life insurance companies differ in certain
instances from GAAP. The New York Insurance Department (the
"Department") recognizes only statutory accounting practices for
determining and reporting the financial condition and results of
operations of an insurance company, for determining its solvency under
the New York Insurance Law, and for determining whether its financial
condition warrants the payment of a dividend to its stockholders. No
consideration is given by the Department to financial statements
prepared in accordance with GAAP in making such determinations. The
following reconciles the Company's statutory change in surplus and
capital stock and statutory surplus and capital stock determined in
accordance with accounting practices prescribed by the Department with
net earnings and equity on a GAAP basis.
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Net change in statutory surplus and capital stock.. $ 56.0 $ 78.1 $ 292.4
Change in asset valuation reserves................. (48.4) 365.7 (285.2)
----------------- ---------------- -----------------
Net change in statutory surplus, capital stock
and asset valuation reserves..................... 7.6 443.8 7.2
Adjustments:
Future policy benefits and policyholders'
account balances............................... (298.5) (66.0) (5.3)
DAC.............................................. (13.3) 73.2 97.5
Deferred Federal income taxes.................... 108.0 (158.1) (58.7)
Valuation of investments......................... 289.8 189.1 45.2
Valuation of investment subsidiary............... (117.7) (188.6) 396.6
Limited risk reinsurance......................... 92.5 416.9 74.9
Contribution from the Holding Company............ - - (300.0)
Issuance of surplus notes........................ - (538.9) -
Postretirement benefits.......................... 28.9 (26.7) 17.1
Other, net....................................... 12.4 115.1 (44.0)
GAAP adjustments of Closed Block................. (9.8) 15.7 (9.5)
GAAP adjustments of discontinued GIC
Segment........................................ (89.6) 37.3 42.8
----------------- ---------------- -----------------
Net Earnings of the Insurance Group................ $ 10.3 $ 312.8 $ 263.8
================= ================ =================
</TABLE>
<TABLE>
<CAPTION>
DECEMBER 31,
--------------------------------------------------------
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Statutory surplus and capital stock................ $ 2,258.9 $ 2,202.9 $ 2,124.8
Asset valuation reserves........................... 1,297.5 1,345.9 980.2
----------------- ---------------- -----------------
Statutory surplus, capital stock and asset
valuation reserves............................... 3,556.4 3,548.8 3,105.0
Adjustments:
Future policy benefits and policyholders'
account balances............................... (1,305.0) (1,006.5) (940.5)
DAC.............................................. 3,104.9 3,075.8 3,219.4
Deferred Federal income taxes.................... (306.1) (452.0) (29.4)
Valuation of investments......................... 286.8 417.7 (794.1)
Valuation of investment subsidiary............... (782.8) (665.1) (476.5)
Limited risk reinsurance......................... (336.5) (429.0) (845.9)
Issuance of surplus notes........................ (539.0) (538.9) -
Postretirement benefits.......................... (314.4) (343.3) (316.6)
Other, net....................................... 126.3 4.4 (79.2)
GAAP adjustments of Closed Block................. 783.7 830.8 740.4
GAAP adjustments of discontinued GIC
Segment........................................ (190.3) (184.6) (221.9)
----------------- ---------------- -----------------
Equity of the Insurance Group...................... $ 4,084.0 $ 4,258.1 $ 3,360.7
================= ================ =================
</TABLE>
F-40
<PAGE>
18) BUSINESS SEGMENT INFORMATION
The Company has two major business segments: Insurance Operations and
Investment Services. Interest expense related to debt not specific to
either business segment is presented as Corporate interest expense.
Information for all periods is presented on a comparable basis.
The Insurance Operations segment offers a variety of traditional,
variable and interest-sensitive life insurance products, disability
income, annuity products, mutual fund and other investment products to
individuals and small groups and administers traditional participating
group annuity contracts with conversion features, generally for
corporate qualified pension plans, and association plans which provide
full service retirement programs for individuals affiliated with
professional and trade associations. This segment includes Separate
Accounts for individual insurance and annuity products.
The Investment Services segment provides investment fund management,
primarily to institutional clients. This segment includes the Company's
equity interest in DLJ and Separate Accounts which provide various
investment options for group clients through pooled or single group
accounts.
Intersegment investment advisory and other fees of approximately $127.5
million, $124.1 million and $135.3 million for 1996, 1995 and 1994,
respectively, are included in total revenues of the Investment Services
segment. These fees, excluding amounts related to the discontinued GIC
Segment of $15.7 million, $14.7 million and $27.4 million for 1996, 1995
and 1994, respectively, are eliminated in consolidation.
<TABLE>
<CAPTION>
1996 1995 1994
----------------- ---------------- -----------------
(IN MILLIONS)
<S> <C> <C> <C>
Revenues
Insurance operations............................... $ 3,742.9 $ 3,614.6 $ 3,507.4
Investment services................................ 1,126.1 949.1 935.2
Consolidation/elimination.......................... (24.5) (34.9) (27.2)
----------------- ---------------- -----------------
Total.............................................. $ 4,844.5 $ 4,528.8 $ 4,415.4
================= ================ =================
Earnings (loss) from continuing operations
before Federal income taxes, minority interest
and cumulative effect of accounting change
Insurance operations............................... $ (36.6) $ 303.1 $ 327.5
Investment services................................ 311.9 224.0 227.9
Consolidation/elimination.......................... .2 (3.1) .3
----------------- ---------------- -----------------
Subtotal..................................... 275.5 524.0 555.7
Corporate interest expense......................... (66.9) (27.9) (114.2)
----------------- ---------------- -----------------
Total.............................................. $ 208.6 $ 496.1 $ 441.5
================= ================ =================
</TABLE>
DECEMBER 31,
------------------------------------
1996 1995
---------------- -----------------
(IN MILLIONS)
Assets
Insurance operations........... $ 60,464.9 $ 56,720.5
Investment services............ 13,542.5 12,842.9
Consolidation/elimination...... (399.6) (354.4)
---------------- -----------------
Total.......................... $ 73,607.8 $ 69,209.0
================ =================
F-41
<PAGE>
19) QUARTERLY RESULTS OF OPERATIONS (UNAUDITED)
The quarterly results of operations for 1996 and 1995, are summarized
below:
<TABLE>
<CAPTION>
THREE MONTHS ENDED
------------------------------------------------------------------------------
MARCH 31 JUNE 30 SEPTEMBER 30 DECEMBER 31
----------------- ----------------- ------------------ ------------------
(IN MILLIONS)
<S> <C> <C> <C> <C>
1996
----
Total Revenues................ $ 1,169.7 $ 1,193.6 $ 1,193.6 $ 1,287.6
================= ================= ================== ==================
Earnings (Loss) from
Continuing Operations
before Cumulative Effect
of Accounting Change........ $ 94.8 $ 87.1 $ 93.2 $ (157.9)
================= ================= ================== ==================
Net Earnings (Loss)........... $ 71.7 $ 87.1 $ 93.2 $ (241.7)
================= ================= ================== ==================
1995
----
Total Revenues................ $ 1,079.1 $ 1,164.0 $ 1,138.8 $ 1,146.9
================= ================= ================== ==================
Net Earnings.................. $ 66.3 $ 101.7 $ 100.2 $ 44.6
================= ================= ================== ==================
</TABLE>
The quarterly results of operations for 1996 and 1995 have been restated
to reflect the Company's accounting change adopted in the fourth quarter
of 1996 for long-duration participating life contracts in accordance
with the provisions prescribed by SFAS No. 120. Net earnings for the
three months ended December 31, 1996 includes a charge of $339.3 million
related to writeoffs of DAC on DI contracts of $94.3 million, reserve
strengthening on DI business of $113.7 million, pension par of $47.5
million and the discontinued GIC Segment of $83.8 million.
20) INVESTMENT IN DLJ
On December 15, 1993, the Company sold a 61% interest in DLJ to the
Holding Company for $800.0 million in cash and securities. The excess of
the proceeds over the book value in DLJ at the date of sale of $340.2
million has been reflected as a capital contribution. In 1995, DLJ
completed the initial public offering ("IPO") of 10.58 million shares of
its common stock, which included 7.28 million of the Holding Company's
shares in DLJ, priced at $27 per share. Concurrent with the IPO, the
Company contributed equity securities to DLJ having a market value of
$21.2 million. Upon completion of the IPO, the Company's ownership
percentage was reduced to 36.1%. The Company's ownership interest will
be further reduced upon the issuance of common stock after the vesting
of forfeitable restricted stock units acquired by and/or the exercise of
options granted to certain DLJ employees. DLJ restricted stock units
represents forfeitable rights to receive approximately 5.2 million
shares of DLJ common stock through February 2000.
The results of operations of DLJ are accounted for on the equity basis
and are included in commissions, fees and other income in the
consolidated statements of earnings. The Company's carrying value of DLJ
is included in investment in and loans to affiliates in the consolidated
balance sheets.
F-42
<PAGE>
Summarized balance sheets information for DLJ, reconciled to the
Company's carrying value of DLJ, are as follows:
<TABLE>
<CAPTION>
DECEMBER 31,
------------------------------------
1996 1995
---------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Assets:
Trading account securities, at market value............................ $ 15,728.1 $ 10,821.3
Securities purchased under resale agreements........................... 20,598.7 18,748.2
Broker-dealer related receivables...................................... 16,525.9 13,023.7
Other assets........................................................... 2,651.0 1,983.3
---------------- -----------------
Total Assets........................................................... $ 55,503.7 $ 44,576.5
================ =================
Liabilities:
Securities sold under repurchase agreements............................ $ 29,378.3 $ 26,744.8
Broker-dealer related payables......................................... 19,409.7 12,915.5
Short-term and long-term debt.......................................... 2,704.5 1,742.0
Other liabilities...................................................... 2,164.0 1,750.5
---------------- -----------------
Total liabilities...................................................... 53,656.5 43,152.8
Cumulative exchangeable preferred stock................................ - 225.0
DLJ's company-obligated mandatorily redeemed preferred
securities of subsidiary trust holding solely debentures of DLJ...... 200.0 -
Total shareholders' equity............................................. 1,647.2 1,198.7
---------------- -----------------
Total Liabilities, Cumulative Exchangeable Preferred Stock and
Shareholders' Equity................................................. $ 55,503.7 $ 44,576.5
================ =================
DLJ's equity as reported............................................... $ 1,647.2 $ 1,198.7
Unamortized cost in excess of net assets acquired in 1985
and other adjustments................................................ 23.9 40.5
The Holding Company's equity ownership in DLJ.......................... (590.2) (499.0)
Minority interest in DLJ............................................... (588.6) (324.3)
---------------- -----------------
The Company's Carrying Value of DLJ.................................... $ 492.3 $ 415.9
================ =================
</TABLE>
Summarized statements of earnings information for DLJ reconciled to the
Company's equity in earnings of DLJ is as follows:
<TABLE>
<CAPTION>
1996 1995
---------------- -----------------
(IN MILLIONS)
<S> <C> <C>
Commission, fees and other income...................................... $ 1,818.2 $ 1,325.9
Net investment income.................................................. 1,074.2 904.1
Dealer, trading and investment gains, net.............................. 598.4 528.6
---------------- -----------------
Total revenues......................................................... 3,490.8 2,758.6
Total expenses including income taxes.................................. 3,199.5 2,579.5
---------------- -----------------
Net earnings........................................................... 291.3 179.1
Dividends on preferred stock........................................... 18.7 19.9
---------------- -----------------
Earnings Applicable to Common Shares................................... $ 272.6 $ 159.2
================ =================
DLJ's earnings applicable to common shares as reported................. $ 272.6 $ 159.2
Amortization of cost in excess of net assets acquired in 1985.......... (3.1) (3.9)
The Holding Company's equity in DLJ's earnings......................... (107.8) (90.4)
Minority interest in DLJ............................................... (73.4) (6.5)
---------------- -----------------
The Company's Equity in DLJ's Earnings................................. $ 88.3 $ 58.4
================ =================
</TABLE>
F-43
<PAGE>
21) ACCOUNTING FOR STOCK-BASED COMPENSATION
The Holding Company sponsors a stock option plan for employees of
Equitable Life. DLJ and Alliance each sponsor their own stock option
plans for certain employees. The Company elected to continue to account
for stock-based compensation using the intrinsic value method prescribed
in APB Opinion No. 25. Had compensation expense of the Company's stock
option incentive plans for options granted after December 31, 1994 been
determined based on the estimated fair value at the grant dates for
awards under those plans, the Company's pro forma net earnings for 1996
and 1995 would have been as follows:
1996 1995
--------------- ---------------
(IN MILLIONS)
Net Earnings
As Reported......... $ 10.3 $ 312.8
Pro Forma........... $ 3.2 $ 311.3
The fair value of options and units granted after December 31, 1994,
used as a basis for the above pro forma disclosures, was estimated as of
the date of grants using Black-Scholes option pricing models. The option
and unit pricing assumptions for 1996 and 1995 are as follows:
<TABLE>
<CAPTION>
HOLDING COMPANY DLJ ALLIANCE
------------------------- -------------------------- -----------------------------
1996 1995 1996 1995 1996 1995
----------- ----------- ----------- ------------ ------------- -------------
<S> <C> <C> <C> <C> <C> <C>
Dividend yield........... 0.80% 0.96% 1.54% 1.85% 8.0% 8.0%
Expected volatility...... 20.00% 20.00% 25.00% 25.00% 23.00% 23.00%
Risk-free interest rate.. 5.92% 6.83% 6.07% 5.86% 5.80% 6.00%
Expected Life............ 5 YEARS 5 years 5 YEARS 5 years 7.43 YEARS 7.43 years
Weighted fair value
per option granted..... $6.94 $5.90 $9.35 - $2.69 $2.24
</TABLE>
F-44
<PAGE>
A summary of the Holding Company and DLJ stock option plans and
Alliance's Unit option plans are as follows:
<TABLE>
<CAPTION>
HOLDING COMPANY DLJ ALLIANCE
----------------------------- ----------------------------- -----------------------------
Options Options Options
Outstanding Outstanding Outstanding
Weighted Weighted Weighted
Average Average Average
Shares Exercise Shares Exercise Units Exercise
(In Millions) Price (In Millions) Price (In Millions) Price
------------- ------------- ------------- ------------- ------------- -------------
<S> <C> <C> <C> <C> <C> <C>
Balance as of
January 1, 1994........ 6.1 - 3.2
Granted................ .7 - 1.2
Exercised.............. - - (.5)
Forfeited.............. - - (.1)
------------- ------------- -------------
Balance as of
December 31, 1994...... 6.8 - 3.8
Granted................ .4 9.2 1.8
Exercised.............. (.1) - (.5)
Expired................ (.1) - -
Forfeited.............. (.3) - (.3)
------------- ------------- -------------
Balance as of
December 31, 1995...... 6.7 $20.27 9.2 $27.00 4.8 $17.72
Granted................ .7 $24.94 2.1 $32.54 .7 $25.12
Exercised.............. (.1) $19.91 - - (.4) $13.64
Expired................ (.6) $20.21 - - - -
Forfeited.............. - - (.2) $27.00 (.1) $19.32
------------- ------------- -------------
Balance as of
December 31, 1996...... 6.7 $20.79 11.1 $28.06 5.0 $19.07
============= ============= ============= ============= ============= =============
</TABLE>
F-45
<PAGE>
Information with respect to stock and unit options outstanding and
exercisable at December 31, 1996 is as follows:
<TABLE>
<CAPTION>
Options Outstanding Options Exercisable
------------------------------------------------------------------------------- --------------------------------------
Weighted
Average Weighted Weighted
Range of Number Remaining Average Number Average
Exercise Outstanding Contractual Exercise Exercisable Exercise
Prices (In Millions) Life (Years) Price (In Millions) Price
--------------------- ----------------- --------------- ----------------- ------------------- ----------------
<S> <C> <C> <C> <C> <C>
Holding
Company
---------------------
$18.125-$27.75 6.7 7.00 $20.79 3.4 $20.18
================= =============== ================= =================== ================
DLJ
---------------------
$27.00-$33.50 11.1 9.00 $28.06 - -
================= =============== ================= =================== ================
Alliance
---------------------
$ 6.0625-$15.9375 1.3 4.76 $12.97 1.2 $12.58
$16.3125-$19.75 1.1 8.19 $19.13 .2 $18.69
$19.875 -$19.875 1.0 7.36 $19.88 .4 $19.88
$20.75 -$24.375 .9 8.46 $22.05 .3 $21.84
$24.375 -$25.125 .7 9.96 $25.13 - -
----------------- -------------------
$ 6.0625-$25.125 5.0 7.43 $19.07 2.1 $15.84
================= =============== ================= =================== ================
</TABLE>
F-46
<PAGE>
REPORT OF INDEPENDENT ACCOUNTANTS
To the Board of Directors of
The Equitable Life Assurance Society of the United States
and Contractowners of Separate Account A
of The Equitable Life Assurance Society of the United States
In our opinion, the accompanying statements of assets and liabilities and the
related statements of operations and of changes in net assets present fairly, in
all material respects, the financial position of the Common Stock Fund,
Intermediate Government Securities Fund, Money Market Fund, Balanced Fund,
Aggressive Stock Fund, Growth Investors Fund, Conservative Investors Fund, High
Yield Fund, Global Fund, Growth & Income Fund, Quality Bond Fund, Equity Index
Fund and International Fund, separate investment funds of The Equitable Life
Assurance Society of the United States ("Equitable Life") Separate Account A at
December 31, 1996, the results of each of their operations and changes in each
of their net assets for the periods indicated in conformity with generally
accepted accounting principles. These financial statements are the
responsibility of Equitable Life's management; our responsibility is to express
an opinion on these financial statements based on our audits. We conducted our
audits of these financial statements in accordance with generally accepted
auditing standards which 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, assessing the
accounting principles used and significant estimates made by management and
evaluating the overall financial statement presentation. We believe that our
audits, which included confirmation of shares in The Hudson River Trust at
December 31, 1996 with the transfer agent, provide a reasonable basis for the
opinion expressed above. The unit value information presented in Note 6 for the
year ended December 31, 1992 and for each of the periods indicated prior
thereto, were audited by other independent accountants whose report dated
February 16, 1993 expressed an unqualified opinion on the financial statements
containing such information.
Price Waterhouse LLP
New York, New York
February 10, 1997
FSA-1
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
STATEMENTS OF ASSETS AND LIABILITIES
DECEMBER 31, 1996
<TABLE>
<CAPTION>
INTERMEDIATE
COMMON GOVERNMENT
STOCK SECURITIES
FUND FUND
----------------- -------------------
<S> <C> <C>
ASSETS:
Investments in shares of The Hudson River Trust, at market value (Note 2):
Cost: $3,561,855,207.................................................. $4,335,729,549
29,929,472.................................................. $29,956,488
94,721,024..................................................
1,095,836,659..................................................
2,874,726,262..................................................
508,888,790..................................................
82,715,248..................................................
77,333,927..................................................
447,059,909..................................................
145,853,361..................................................
26,450,265..................................................
251,489,348..................................................
96,579,363..................................................
Receivable for The Hudson River Trust shares sold....................... -- --
Due from Equitable Life's General Account (Note 3)...................... 10,481,008 728,944
-------------- -----------
Total assets................................................. 4,346,210,557 30,685,432
-------------- -----------
LIABILITIES:
Payable for The Hudson River Trust shares purchased..................... 9,509,685 726,896
Due to Equitable Life's General Account (Note 3)........................ -- --
Net accumulated amount of (i) mortality risk, death benefit, expense
and expense risk charges and (ii) mortality and other gains and
losses retained by Equitable Life (Note 3)........................... 4,002,772 530,344
-------------- -----------
Total liabilities............................................ 13,512,457 1,257,240
-------------- -----------
NET ASSETS ATTRIBUTABLE TO CONTRACT OWNERS (NOTE 5)..................... $4,332,698,100 $29,428,192
============== ===========
EQUI-VEST Contracts:
Unit Value........................................................... $ 199.05
==============
Units Outstanding.................................................... 16,933,077
==============
Old Contracts:
Unit Value........................................................... $ 246.57
==============
Units Outstanding.................................................... 345,375
==============
EQUIPLAN Contracts:
Unit Value........................................................... $ 267.08 $ 51.34
============== ===========
Units Outstanding.................................................... 95,900 54,504
============== ===========
Momentum Contracts:
Unit Value........................................................... $ 199.05 $ 112.40
============== ===========
Units Outstanding.................................................... 519,338 9,968
============== ===========
Momentum Plus Contracts: 135 B.P.
Unit Value........................................................... $ 162.39 $ 108.45
============== ===========
Units Outstanding.................................................... 1,038,789 81,035
============== ===========
Enhanced Momentum Plus Contracts: 100 B.P.
Unit Value........................................................... $ 125.89 $ 105.75
============== ===========
Units Outstanding.................................................... 140,022 2,456
============== ===========
EQUI-VEST Series 300 and 400 Contracts:
Unit Value........................................................... $ 155.42 $ 112.40
============== ===========
Units Outstanding.................................................... 3,457,482 146,433
============== ===========
<CAPTION>
MONEY
MARKET BALANCED
FUND FUND
------------------ ----------------
<S> <C> <C>
ASSETS:
Investments in shares of The Hudson River Trust, at market value (Note 2):
Cost: $3,561,855,207....................................................
29,929,472....................................................
94,721,024.................................................... $94,367,905
1,095,836,659.................................................... $1,122,444,797
2,874,726,262....................................................
508,888,790....................................................
82,715,248....................................................
77,333,927....................................................
447,059,909....................................................
145,853,361....................................................
26,450,265....................................................
251,489,348....................................................
96,579,363....................................................
Receivable for shares of The Hudson River Trust......................... -- --
Due from Equitable Life's General Account (Note 3)...................... 3,735,501 1,213,821
----------- --------------
Total assets................................................. 98,103,406 1,123,658,618
----------- --------------
LIABILITIES:
Payable for The Hudson River Trust shares purchased..................... 3,722,471 931,572
Due to Equitable Life's General Account (Note 3)........................ -- --
Net accumulated amount of (i) mortality risk, death benefit, expense
and expense risk charges and (ii) mortality and other gains and
losses retained by Equitable Life (Note 3)........................... 566,137 991,204
----------- --------------
Total liabilities............................................ 4,288,608 1,922,776
----------- --------------
NET ASSETS ATTRIBUTABLE TO CONTRACT OWNERS (NOTE 5)..................... $93,814,798 $1,121,735,842
=========== ==============
EQUI-VEST Contracts:
Unit Value........................................................... $ 28.28 $ 34.06
=========== ==============
Units Outstanding.................................................... 1,013,504 28,319,497
=========== ==============
Old Contracts:
Unit Value........................................................... $ 33.52
===========
Units Outstanding.................................................... 129,377
===========
EQUIPLAN Contracts:
Unit Value...........................................................
Units Outstanding....................................................
Momentum Contracts:
Unit Value........................................................... $ 28.28 $ 34.06
=========== ==============
Units Outstanding.................................................... 240,469 1,056,984
=========== ==============
Momentum Plus Contracts: 135 B.P.
Unit Value........................................................... $ 111.75 $ 120.01
=========== ==============
Units Outstanding.................................................... 307,236 417,374
=========== ==============
Enhanced Momentum Plus Contracts: 100 B.P.
Unit Value........................................................... $ 105.65 $ 114.16
=========== ==============
Units Outstanding.................................................... 13,091 48,342
=========== ==============
EQUI-VEST Series 300 and 400 Contracts:
Unit Value........................................................... $ 111.21 $ 119.26
=========== ==============
Units Outstanding.................................................... 164,510 547,899
=========== ==============
<FN>
See Notes to Financial Statements.
</FN>
</TABLE>
FSA-2
<PAGE>
<TABLE>
<CAPTION>
AGGRESSIVE GROWTH CONSERVATIVE HIGH GROWTH & QUALITY EQUITY
STOCK INVESTORS INVESTORS YIELD GLOBAL INCOME BOND INDEX INTERNATIONAL
FUND FUND FUND FUND FUND FUND FUND FUND FUND
------------- --------------- -------------- ----------- ------------ ------------ ----------- ------------- -------------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
$2,978,162,769
$530,496,700
$85,864,836
$78,578,208
$496,558,219
$164,318,806
$26,718,392
$275,271,126
$97,814,272
$ 3,430,056 -- -- -- -- -- -- -- --
-- 3,672,772 202,365 883,577 2,467,309 187,056 39,620 2,469,315 1,345,033
-------------- ------------ ----------- ----------- ------------ ------------ ----------- ------------ -----------
2,981,592,825 534,169,472 86,067,201 79,461,785 499,025,528 164,505,862 26,758,012 277,740,441 99,159,305
-------------- ------------ ----------- ----------- ------------ ------------ ----------- ------------ -----------
-- 3,642,884 197,565 879,253 2,439,129 177,589 38,118 2,453,538 1,339,777
2,870,406 -- -- -- -- -- -- -- --
2,148,689 1,115,959 618,084 621,294 1,132,134 821,976 370,628 940,199 631,968
-------------- ------------ ----------- ----------- ------------ ------------ ----------- ------------ -----------
5,019,095 4,758,843 815,649 1,500,547 3,571,263 999,565 408,746 3,393,737 1,971,745
-------------- ------------ ----------- ----------- ------------ ------------ ----------- ------------ -----------
$2,976,573,730 $529,410,629 $85,251,552 $77,961,238 $495,454,265 $163,506,297 $26,349,266 $274,346,704 $97,187,560
============== ============ =========== =========== ============ ============ =========== ============ ===========
$ 82.91
==============
27,944,829
==============
$ 82.91 $ 133.40 $ 117.25 $ 137.53 $ 138.00 $ 143.37 $ 112.65 $ 164.12 $ 112.83
============== ============ =========== =========== ============ =========== =========== ============ ===========
1,280,795 110,156 18,037 17,693 116,291 $ 40,724 7,151 50,637 $ 19,243
============== ============ =========== =========== ============ =========== =========== ============ ===========
$ 157.31 $ 134.95 $ 114.99 $ 146.80 $ 140.51 $ 143.63 $ 118.87 $ 164.08 $ 112.81
============== ============ =========== =========== ============ =========== =========== ============ ===========
1,069,755 508,163 136,101 94,258 459,301 121,071 28,090 128,114 54,264
============== ============ =========== =========== ============ =========== =========== ============ ===========
$ 125.54 $ 116.95 $ 109.47 $ 127.46 $ 116.37 $ 123.61 $ 108.84 $ 129.70 $ 112.96
============== ============ =========== =========== ============ =========== =========== ============ ===========
108,967 14,660 4,631 5,119 12,859 3,028 1,346 4,356 20,736
============== ============ =========== =========== ============ =========== =========== ============ ===========
$ 149.41 $ 133.40 $ 117.25 $ 137.53 $ 138.00 $ 143.37 $ 112.65 $ 164.12 $ 112.83
============== ============ =========== =========== ============ =========== =========== ============ ===========
2,468,117 3,325,391 566,674 443,564 2,994,609 975,463 195,675 1,486,286 763,266
============== ============ =========== =========== ============ =========== =========== ============ ===========
</TABLE>
FSA-3
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
STATEMENTS OF OPERATIONS
FOR THE YEAR ENDED DECEMBER 31, 1996
<TABLE>
<CAPTION>
INTERMEDIATE
COMMON GOVERNMENT
STOCK SECURITIES
FUND FUND
------------------ --------------
<S> <C> <C>
INCOME AND EXPENSES:
Investment Income (Note 2):
Dividends from The Hudson River Trust...................................... $ 31,566,792 $1,519,758
------------ ----------
Expenses (Note 3):
Mortality risk, death benefit, expense
and expense risk charges................................................... 46,430,265 331,809
Financial accounting charges................................................. 7,403,072 2,282
------------ ----------
Total expenses........................................................... 53,833,337 334,091
Less: Reduction for expense limitation......................................... 3,610,439 6,759
------------ ----------
Net expenses............................................................. 50,222,898 327,332
------------ -----------
NET INVESTMENT INCOME (LOSS)................................................... (18,656,106) 1,192,426
------------ ----------
REALIZED AND UNREALIZED GAIN (LOSS) ON
INVESTMENTS (NOTE 2):
Realized gain (loss) on investments.......................................... 39,373,745 (84,183)
Realized gain distribution from The Hudson River Trust....................... 427,747,972 --
------------ ----------
Net realized gain (loss)................................................... 467,121,717 (84,183)
Change in unrealized appreciation / depreciation
of investments............................................................. 326,272,321 (386,046)
------------ ----------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS............................................................... 793,394,038 (470,229)
------------ ----------
NET INCREASE IN NET ASSETS
RESULTING FROM OPERATIONS (NOTE 2)........................................... $774,737,932 $ 722,197
============ ==========
</TABLE>
<TABLE>
<CAPTION>
MONEY
MARKET BALANCED
FUND FUND
-------------- ---------------
<S> <C> <C>
INCOME AND EXPENSES:
Investment Income (Note 2):
Dividends from The Hudson River Trust...................................... $4,218,305 $ 34,404,660
---------- ------------
Expenses (Note 3):
Mortality risk, death benefit, expense
and expense risk charges................................................... 1,074,903 13,751,604
Financial accounting charges................................................. 81,875 2,377,664
---------- ------------
Total expenses............................................................. 1,156,778 16,129,268
Less: Reduction for expense limitation......................................... 61,777 1,391,968
---------- ------------
Net expenses............................................................... 1,095,001 14,737,300
---------- ------------
NET INVESTMENT INCOME (LOSS)................................................... 3,123,304 19,667,360
---------- ------------
REALIZED AND UNREALIZED GAIN (LOSS) ON
INVESTMENTS (NOTE 2):
Realized gain (loss) on investments.......................................... 137,830 10,957,701
Realized gain distribution from The Hudson River Trust....................... -- 89,931,643
---------- ------------
Net realized gain (loss)................................................... 137,830 100,889,344
Change in unrealized appreciation / depreciation
of investments............................................................. 15,587 (15,177,682)
---------- ------------
NET REALIZED AND UNREALIZED GAIN (LOSS)
ON INVESTMENTS............................................................... 153,417 85,711,662
---------- ------------
NET INCREASE IN NET ASSETS
RESULTING FROM OPERATIONS (NOTE 2)........................................... $3,276,721 $105,379,022
========== ============
- -------------------------
<FN>
See Notes to Financial Statements.
</FN>
</TABLE>
FSA-4
<PAGE>
<TABLE>
<CAPTION>
AGGRESSIVE GROWTH CONSERVATIVE HIGH GROWTH & QUALITY EQUITY
STOCK INVESTORS INVESTORS YIELD GLOBAL INCOME BOND INDEX INTERNATIONAL
FUND FUND FUND FUND FUND FUND FUND FUND FUND
---------- ----------- ----------- ----------- ----------- ---------- ----------- ------------ -----------
<S> <C> <C> <C> <C> <C> <C> <C> <C>
$ 6,308,285 $10,897,241 $3,720,544 $5,697,177 $ 7,691,416 $ 2,196,949 $1,526,764 $ 3,410,663 $1,321,160
- ------------ ----------- ---------- ---------- ----------- ----------- ---------- ----------- ----------
30,066,070 5,764,371 1,085,516 713,632 5,512,550 1,513,551 298,999 2,395,042 833,724
5,350,128 26,080 4,022 3,821 28,760 8,736 1,522 11,293 2,203
- ------------ ----------- ---------- ---------- ----------- ----------- ---------- ----------- ----------
35,416,198 5,790,451 1,089,538 717,453 5,541,310 1,522,287 300,521 2,406,335 835,927
1,421,353 -- -- -- -- -- -- -- --
- ------------ ----------- ---------- ---------- ----------- ------------ ---------- ----------- ----------
33,994,845 5,790,451 1,089,538 717,453 5,541,310 1,522,287 300,521 2,406,335 835,927
- ------------ ----------- ---------- ----------- ----------- ----------- ---------- ----------- ----------
(27,686,560) 5,106,790 2,631,006 4,979,724 2,150,106 674,662 1,226,243 1,004,328 485,233
- ------------ ----------- ---------- ---------- ----------- ----------- ---------- ----------- ----------
71,385,003 662,873 107,618 145,474 1,492,445 1,338,928 280,060 3,349,216 1,250,399
507,021,043 51,790,058 2,134,857 4,152,172 20,816,121 8,336,410 -- 10,841,897 1,722,567
- ------------ ----------- ---------- ---------- ----------- ----------- ---------- ------------ ----------
578,406,046 52,452,931 2,242,475 4,297,646 22,308,566 9,675,338 280,060 14,191,113 2,972,966
(87,392,419) (9,867,072) (1,503,698) 721,266 26,407,595 10,940,166 (469,209) 19,487,539 1,086,851
- ------------ ----------- ---------- ---------- ----------- ----------- ---------- ----------- ----------
491,013,627 42,585,859 738,777 5,018,912 48,716,161 20,615,504 (189,149) 33,678,652 4,059,817
- ------------ ----------- ---------- ---------- ----------- ----------- ---------- ----------- ----------
$463,327,067 $47,692,649 $3,369,783 $9,998,636 $50,866,267 $21,290,166 $1,037,094 $34,682,980 $4,545,050
============ =========== ========== ========== =========== =========== ========== =========== ==========
</TABLE>
FSA-5
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
STATEMENTS OF CHANGES IN NET ASSETS
FOR THE YEARS ENDED DECEMBER 31,
<TABLE>
<CAPTION>
COMMON STOCK FUND
-----------------------------------------------
1996 1995
--------------- ----------------
<S> <C> <C>
INCREASE (DECREASE) IN NET ASSETS
FROM OPERATIONS:
Net investment income (loss)....................................... $ (18,656,106) $ 2,782,104
Net realized gain (loss) on investments............................ 467,121,717 206,999,733
Change in unrealized appreciation/
(depreciation) of investments.................................... 326,272,321 498,084,127
-------------- --------------
Net increase in net assets from operations........................... 774,737,932 707,865,964
-------------- --------------
FROM CONTRACT OWNERS TRANSACTIONS (NOTE 4):
Contributions and Transfers:
Contributions.................................................... 453,359,975 323,872,865
Transfers from other Funds and
Guaranteed Interest Account.................................... 762,624,599 563,350,890
-------------- --------------
Total........................................................ 1,215,984,574 887,223,755
-------------- --------------
Payments, Transfers and Charges:
Annuity payments, withdrawals and death benefits................... 220,362,060 159,386,173
Transfers to other Funds and
Guaranteed Interest Account...................................... 607,476,726 467,919,413
Withdrawal and administrative charges.............................. 5,572,073 4,834,457
-------------- --------------
Total........................................................ 833,410,859 632,140,043
-------------- ---------------
Net increase (decrease) in net assets
from Contract Owners transactions................................ 382,573,715 255,083,712
-------------- --------------
Net (increase) decrease in amount retained
by Equitable Life in Separate Account A (Note 3)................. (2,598,917) (202,590)
-------------- --------------
INCREASE (DECREASE) IN NET ASSETS
ATTRIBUTABLE TO CONTRACT OWNERS..................................... 1,154,712,730 962,747,086
NET ASSETS -- BEGINNING OF PERIOD
ATTRIBUTABLE TO CONTRACT OWNERS..................................... 3,177,985,370 2,215,238,284
-------------- --------------
NET ASSETS -- END OF PERIOD (NOTE 1)
ATTRIBUTABLE TO CONTRACT OWNERS..................................... $4,332,698,100 $3,177,985,370
============== ==============
</TABLE>
<TABLE>
<CAPTION>
INTERMEDIATE
GOVERNMENT SECURITIES
FUND
-----------------------------------------------
1996 1995
-------------- ---------------
<S> <C> <C>
INCREASE (DECREASE) IN NET ASSETS
FROM OPERATIONS:
Net investment income (loss)....................................... $ 1,192,426 $ 860,197
Net realized gain (loss) on investments............................ (84,183) (262,021)
Change in unrealized appreciation/
(depreciation) of investments.................................... (386,046) 1,263,426
----------- -----------
Net increase in net assets from operations........................... 722,197 1,861,602
----------- -----------
FROM CONTRACT OWNERS TRANSACTIONS (NOTE 4):
Contributions and Transfers:
Contributions.................................................... 9,100,062 7,369,681
Transfers from other Funds and
Guaranteed Interest Account.................................... 7,049,068 6,382,251
----------- -----------
Total........................................................ 16,149,130 13,751,932
----------- -----------
Payments, Transfers and Charges:
Annuity payments, withdrawals and death benefits................... 3,753,601 1,010,469
Transfers to other Funds and
Guaranteed Interest Account...................................... 5,943,526 3,875,451
Withdrawal and administrative charges.............................. 45,485 13,622
----------- -----------
Total........................................................ 9,742,612 4,899,542
----------- -----------
Net increase (decrease) in net assets
from Contract Owners transactions................................ 6,406,518 8,852,390
----------- -----------
Net (increase) decrease in amount retained
by Equitable Life in Separate Account A (Note 3)................. (24,319) (29,531)
----------- -----------
INCREASE (DECREASE) IN NET ASSETS
ATTRIBUTABLE TO CONTRACT OWNERS.................................... 7,104,396 10,684,461
NET ASSETS -- BEGINNING OF PERIOD
ATTRIBUTABLE TO CONTRACT OWNERS.................................... 22,323,796 11,639,335
----------- -----------
NET ASSETS -- END OF PERIOD (NOTE 1)
ATTRIBUTABLE TO CONTRACT OWNERS.................................... $29,428,192 $22,323,796
=========== ===========
<FN>
See Notes to Financial Statements.
</FN>
</TABLE>
FSA-6
<PAGE>
<TABLE>
<CAPTION>
MONEY MARKET FUND BALANCED FUND
- ---------------------------------- ------------------------------------------
1996 1995 1996 1995
- --------------- ---------------- ------------------- -------------------
<S> <C> <C> <C>
$ 3,123,304 $ 2,822,581 $ 19,667,360 $ 19,159,882
137,830 111,769 100,889,344 36,369,212
15,587 244,984 (15,177,682) 107,611,597
------------ ------------ -------------- --------------
3,276,721 3,179,334 105,379,022 163,140,691
------------ ------------ -------------- --------------
119,080,405 96,460,995 102,324,455 100,845,169
28,258,231 11,693,688 107,478,067 72,926,145
------------ ------------ -------------- --------------
147,338,636 108,154,683 209,802,522 173,771,314
------------ ------------ -------------- --------------
15,180,565 9,756,910 78,989,041 70,581,767
119,609,249 112,024,444 154,003,205 140,405,721
206,649 141,480 2,085,995 2,326,794
------------ ------------ -------------- --------------
134,996,463 121,922,834 235,078,241 213,314,282
------------ ------------ -------------- --------------
12,342,173 (13,768,151) (25,275,719) (39,542,968)
------------ ------------ -------------- --------------
(61,393) (60,820) (481,189) (639,643)
------------ ------------ -------------- --------------
15,557,501 (10,649,637) 79,622,114 122,958,080
78,257,297 88,906,934 1,042,113,728 919,155,648
------------ ------------ -------------- --------------
$ 93,814,798 $ 78,257,297 $1,121,735,842 $1,042,113,728
============ ============ ============== ==============
</TABLE>
<TABLE>
<CAPTION>
GROWTH
INVESTORS
AGGRESSIVE STOCK FUND FUND
- --------------------------------------- -----------------------------------
1996 1995 1996 1995
- ---------------- ----------------- ---------------- ---------------
<C> <C> <C> <C>
$ (27,686,560) $ (17,076,859) $ 5,106,790 $ 4,630,881
578,406,046 274,491,290 52,452,931 4,190,451
(87,392,419) 201,133,502 (9,867,072) 35,365,665
-------------- -------------- ------------ ------------
463,327,067 458,547,933 47,692,649 44,186,997
-------------- -------------- ------------ ------------
390,313,679 255,277,523 130,147,052 88,478,478
1,303,527,875 937,308,527 121,414,460 96,710,983
-------------- -------------- ------------ ------------
1,693,841,554 1,192,586,050 251,561,512 185,189,461
-------------- -------------- ------------ ------------
154,410,598 101,140,511 25,722,728 8,656,331
1,118,235,181 890,032,461 49,453,027 31,783,310
4,762,116 4,012,965 776,045 329,796
-------------- -------------- ------------ ------------
1,277,407,895 995,185,937 75,951,800 40,769,437
-------------- -------------- ------------ ------------
416,433,659 197,400,113 175,609,712 144,420,024
-------------- -------------- ------------ ------------
(596,353) (703,992) (212,924) (69,190)
-------------- --------------- ------------ ------------
879,164,373 655,244,054 223,089,437 188,537,831
2,097,409,357 1,442,165,303 306,321,192 117,783,361
-------------- -------------- ------------ ------------
$2,976,573,730 $2,097,409,357 $529,410,629 $306,321,192
============== ============== ============ ============
</TABLE>
FSA-7
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
STATEMENTS OF CHANGES IN NET ASSETS (CONCLUDED)
FOR THE YEARS ENDED DECEMBER 31,
<TABLE>
<CAPTION>
CONSERVATIVE
INVESTORS FUND HIGH YIELD FUND
------------------------------- ---------------------------------
1996 1995 1996 1995
--------------- ------------- ------------ ------------
<S> <C> <C> <C> <C>
INCREASE (DECREASE) IN NET ASSETS
FROM OPERATIONS:
Net investment income (loss)........................ $ 2,631,006 $ 2,326,829 $ 4,979,724 $ 2,278,708
Net realized gain (loss) on investments............. 2,242,475 402,260 4,297,646 (142,069)
Change in unrealized appreciation /
depreciation of investments...................... (1,503,698) 6,622,303 721,266 1,530,565
----------- ------------ ----------- -----------
Net increase in net assets 3,369,783 9,351,392 9,998,636 3,667,204
from operations................................... ----------- ------------ ----------- -----------
FROM CONTRACT OWNER TRANSACTIONS
(NOTE 3):
Contributions and Transfers:
Contributions..................................... 22,119,111 17,614,456 23,155,861 10,927,641
Transfers from other Funds and
Guaranteed Interest Account..................... 8,707,223 12,235,331 30,143,138 10,118,081
----------- ------------ ----------- -----------
Total......................................... 30,826,334 29,849,787 53,298,999 21,045,722*
----------- ------------ ----------- -----------
Payments, Transfers and Charges:
Annuity payments, withdrawals and
death benefits................................. 5,546,973 2,534,266 4,361,957 1,942,685
Transfers to other Funds and
Guaranteed Interest Account.................... 14,201,772 5,239,849 13,868,715 3,213,614
Withdrawal and administrative charges........ 149,752 74,396 78,426 28,309
----------- ------------ ----------- -----------
Total......................................... 19,898,497 7,848,511 18,309,098 5,184,608
----------- ------------ ----------- -----------
Net increase in net assets
from Contract Owner transactions.................. 10,927,837 22,001,276 34,989,901 15,861,114
----------- ------------ ----------- -----------
Net (increase) decrease in accumulated
amount retained by Equitable Life in
Separate Account A (Note 2)....................... (72,280) (75,713) (78,617) (11,839)
----------- ------------ ----------- -----------
INCREASE IN NET ASSETS
ATTRIBUTABLE TO CONTRACT OWNERS .................... 14,225,340 31,276,955 44,909,920 19,516,479
NET ASSETS -- BEGINNING OF PERIOD
ATTRIBUTABLE TO CONTRACT OWNERS..................... 71,026,212 39,749,257 33,051,318 13,534,839
----------- ------------ ----------- -----------
NET ASSETS -- END OF PERIOD (NOTE 1)
ATTRIBUTABLE TO CONTRACT OWNERS..................... $85,251,552 $71,026,212 $77,961,238 $33,051,318
=========== =========== =========== ===========
</TABLE>
<TABLE>
<CAPTION>
GLOBAL FUND
---------------------------------------
1996 1995
------------------ -----------------
<S> <C> <C>
INCREASE (DECREASE) IN NET ASSETS
FROM OPERATIONS: $ 2,150,106 $ 1,170,324
Net investment income (loss)........................ 22,308,566 10,274,241
Net realized gain (loss) on investments.............
Change in unrealized appreciation / 26,407,595 29,094,331
depreciation of investments...................... ------------ ------------
50,866,267 40,538,896
Net increase in net assets ------------ ------------
from operations...................................
FROM CONTRACT OWNERS TRANSACTIONS
(NOTE 3):
Contributions and Transfers: 104,951,106 81,368,082
Contributions.....................................
Transfers from other Funds and 115,437,667 137,660,677
Guaranteed Interest Account..................... ------------ ------------
220,388,773 219,028,759
Total......................................... ------------ ------------
Payments, Transfers and Charges:
Annuity payments, withdrawals and 28,738,527 11,743,890
death benefits..................................
Transfers to other Funds and 61,058,782 93,494,152
Guaranteed Interest Account....................... 724,468 394,438
Withdrawal and administrative charges............... ------------ ------------
90,521,777 105,632,480
Total........................................... ------------ ------------
Net increase in net assets 129,866,996 113,396,279
from Contract Owner transactions................. ------------ ------------
Net (increase) decrease in
amount retained by Equitable Life in (286,484) (136,682)
Separate Account A (Note 3)....................... ------------ ------------
INCREASE IN NET ASSETS 180,446,779 153,798,493
ATTRIBUTABLE TO CONTRACT OWNERS ....................
NET ASSETS -- BEGINNING OF PERIOD 315,007,486 161,208,993
ATTRIBUTABLE TO CONTRACT OWNERS...................... ------------ ------------
NET ASSETS -- END OF PERIOD (NOTE 1) $495,454,265 $315,007,486
ATTRIBUTABLE TO CONTRACT OWNERS...................... ============ ============
<FN>
- --------------------------
*Commencement of operations from September 1, 1995.
See Notes to Financial Statements.
</FN>
</TABLE>
FSA-8
<PAGE>
<TABLE>
<CAPTION>
GROWTH & INCOME QUALITY BOND
FUND FUND
- ----------------------------------- -------------------------------------
1996 1995 1996 1995
- ----------------- ---------------- ---------------- ---------------
<S> <C> <C> <C>
$ 674,662 $ 790,931 $ 1,226,243 $ 572,638
9,675,338 135,257 280,060 (14,461)
10,940,166 7,973,647 (469,209) 952,860
------------ ----------- ----------- -----------
21,290,166 8,899,835 1,037,094 1,511,037
------------ ----------- ----------- -----------
44,131,391 22,698,765 7,201,618 5,630,019
70,653,911 28,860,658 11,609,924 7,603,814
------------ ----------- ----------- -----------
114,785,302 51,559,423 18,811,542 13,233,833
------------ ----------- ----------- -----------
6,415,518 1,952,266 1,789,909 705,351
36,251,785 10,151,108 8,691,630 2,324,024
177,183 60,042 30,562 8,788
------------ ----------- ----------- -----------
42,844,486 12,163,416 10,512,101 3,038,163
------------ ----------- ----------- -----------
71,940,816 39,396,007 8,299,441 10,195,670
------------ ----------- ----------- -----------
(144,964) (20,535) (33,142) (326)
------------ ----------- ----------- -----------
93,086,018 48,275,307 9,303,393 11,706,381
70,420,279 22,144,972 17,045,873 5,339,492
------------ ----------- ----------- -----------
$163,506,297 $70,420,279 $26,349,266 $17,045,873
============ =========== =========== ===========
</TABLE>
<TABLE>
<CAPTION>
EQUITY INDEX INTERNATIONAL
FUND FUND
- --------------------------------- --------------------------------------
1996 1995 1996 1995*
- ---------------- ----------------- ----------------- ---------------
<C> <C> <C> <C>
$ 1,004,328 $ 360,568 $ 485,233 $ 149,427
14,191,113 4,198,742 2,972,966 84,989
19,487,539 4,368,831 1,086,851 148,058
------------ ------------ ------------ -----------
34,682,980 8,928,141 4,545,050 382,474
------------ ------------ ------------ -----------
78,060,051 28,329,533 32,148,619 2,925,742
224,346,052 153,170,493 132,166,698 17,699,810
------------ ------------ ------------ -----------
302,406,103 181,500,026 164,315,317 20,625,552
------------ ------------ ------------ -----------
8,358,084 1,077,397 3,342,378 41,651
142,130,534 106,387,645 83,376,653 5,873,268
217,821 23,173 60,421 907
------------ ------------ ------------ -----------
150,706,439 107,488,215 86,779,452 5,915,826
------------ ------------ ------------ -----------
151,699,664 74,011,811 77,535,865 14,709,726
------------ ------------ ------------ -----------
(138,050) 59,424 5,549 8,896
------------ ------------ ------------ -----------
186,244,594 82,999,376 82,086,464 15,101,096
88,102,110 5,102,734 15,101,096 --
------------ ------------ ------------ -----------
$274,346,704 $ 88,102,110 $ 97,187,560 $15,101,096
============ ============ ============ ===========
</TABLE>
FSA-9
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 1996
1. General
The Equitable Life Assurance Society of the United States (Equitable Life)
Separate Account A (the Account) is organized as a unit investment trust, a
type of investment company, and is registered with the Securities and
Exchange Commission under the Investment Company Act of 1940. The Account
consists of thirteen investment funds (Funds): the Common Stock Fund, the
Intermediate Government Securities Fund, the Money Market Fund, the
Balanced Fund, the Aggressive Stock Fund, the Growth Investors Fund, the
Conservative Investors Fund, the High Yield Fund, the Global Fund, the
Growth & Income Fund, the Quality Bond Fund, the Equity Index Fund and the
International Fund. The assets in each Fund are invested in Class IA shares
of a corresponding portfolio (Portfolio) of a mutual fund, The Hudson River
Trust (Trust). The Trust is an open-end, diversified, management investment
company that invests the assets of separate accounts of insurance
companies. Each Portfolio has separate investment objectives.
The Account is used to fund benefits under certain individual tax-favored
variable annuity contracts (Old Contracts), individual non-qualified
variable annuity contracts (EQUIPLAN Contracts), tax-favored and
non-qualified certificates issued under group deferred variable annuity
contracts and certain related individual contracts (EQUI-VEST Contracts),
group deferred variable annuity contracts used to fund tax-qualified
defined contribution plans (Momentum Contracts) and group variable annuity
contracts used as a funding vehicle for employers who sponsor qualified
defined contribution plans (Momentum Plus). All of these contracts and
certificates are collectively referred to as the Contracts.
The net assets of the Account are not chargeable with liabilities arising
out of any other business Equitable Life may conduct. The excess of assets
over reserves and other contract liabilities, if any, in the Account may be
transferred to Equitable Life's General Account.
2. Significant Accounting Policies
The accompanying financial statements are prepared in conformity with
generally accepted accounting principles (GAAP). The preparation of
financial statements in conformity with GAAP 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.
Investments are made in shares of the Trust and are valued at the net asset
values per share of the respective Portfolios. The net asset value is
determined by the Trust using the market or fair value of the underlying
assets of the Portfolio.
Investment transactions are recorded on the date. Realized gains and losses
include gains and losses on redemptions of the Trust's shares (determined
on the identified cost basis) and Trust distributions representing the net
realized gains on Trust investment transactions.
Dividends are recorded at the end of each quarter on the ex-dividend date.
Capital gains are distributed by the Trust at the end of each year.
No Federal income tax based on net income or realized and unrealized
capital gains is currently applicable to Contracts participating in the
Account by reason of applicable provisions of the Internal Revenue Code and
no Federal income tax payable by Equitable Life is expected to affect the
unit value of Contracts participating in the Account. Accordingly, no
provision for income taxes is required.
FSA-10
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
3. Asset Charges
The following charges are made directly against the assets of the Account
and are reflected daily in the computation of the accumulation unit values
of the Contracts:
<TABLE>
<CAPTION>
EQUI-VEST/MOMENTUM MOMENTUM PLUS OLD
CONTRACTS CONTRACTS CONTRACTS
--------------------------------------------------- ------------------------ -----------------
Common Stock, Money All Common Stock and
Market and Balanced Other Money Market
Funds Funds All Funds Funds
-------------------------------- ---------------- ---------------- ----------------------
<S> <C> <C> <C> <C>
Death Benefits................ 0.05 of 1% 0.05 of 1% -- 0.05 of 1%
Mortality Risks............... 0.30 of 1% 0.30 of 1% 0.50 of 1% 0.45 of 1%
Expenses...................... 0.60 of 1% 0.60 of 1% 0.25 of 1% 0.16 of 1%
Expense Risks................. 0.30 of 1% 0.15 of 1% 0.60 of 1% 0.08 of 1%
Financial Accounting.......... 0.24 of 1% 0.24 of 1% -- --
</TABLE>
<TABLE>
<CAPTION>
EQUI-VEST
SERIES 300
EQUIPLAN & 400
CONTRACTS CONTRACTS
-------------------------- -----------------
Common Stock and
Intermediate Government
Securities
Funds All Funds
-------------------------- ----------------
<S> <C> <C>
Death Benefits................ 0.05 of 1% --
Mortality Risks............... 0.45 of 1% 0.60 of 1%
Expenses...................... 0.16 of 1% 0.24/0.25 of 1%
Expense Risks................. 0.08 of 1% 0.50 of 1%
Financial Accounting.......... -- --
</TABLE>
During 1996, Equitable Life charged EQUI-VEST Series 300 and 400 Contracts
0.24 of 1% against the assets of the Intermediate Government Securities
Fund, the Growth Investors Fund, the Conservative Investors Fund, the High
Yield Fund,the Global Fund, the Growth & Income Fund, the Quality Bond
Fund, the Equity Index Fund and the International Fund for expenses. This
voluntary expense limitation (discounted from 0.25 of 1% to 0.24 of 1%) may
be discontinued by Equitable Life at its discretion.
The above charges may be retained in the Account by Equitable Life and, to
the extent retained, participate in the net investment results of the Trust
ratably with assets attributable to the Contracts.
Since the Trust shares are valued at their net asset value, investment
advisory fees and direct operating expenses of the Trust are, in effect,
passed on to the Account and are reflected in the computation of the
accumulation unit values of the Contracts.
Under the terms of the Contracts, the aggregate of these asset charges and
the charges of the Trust for advisory fees and for direct operating
expenses may not exceed a total effective annual rate of 1.75% for
EQUI-VEST and Momentum Contracts for the Money Market Fund, the Balanced
Fund, the Common Stock Fund, and the Aggressive Stock Fund and 1% for the
Old Contracts and EQUIPLAN Contracts.
Under the Contracts, the total charges may be reallocated among the various
expense categories. Equitable Life, however, intends to limit any possible
reallocation to include only the expense risks, mortality risks and death
benefit charges.
4. Contributions, Payments, Transfers and Charges
Contributions represent participant contributions under EQUI-VEST,
Momentum, Momentum Plus and EQUI-VEST Series 300 and 400 Contracts (except
amounts allocated to the Guaranteed Interest Account, which are reflected
in the General Account) and participant contributions under other Contracts
reduced by applicable deductions, charges and state premium taxes.
Contributions also include amounts applied to purchase variable annuities.
Transfers are amounts that participants have directed to be moved among the
Funds, including permitted transfers to and from the Guaranteed Interest
Account, which is part of Equitable Life's General Account.
Variable annuity payments and death benefits are payments to participants
and beneficiaries made under the terms of the Contracts. Withdrawals are
amounts that participants have requested to be withdrawn and paid to them
or applied to purchase annuities. Withdrawal charges, if applicable, are
the deferred contingent withdrawal charges that apply to certain
withdrawals under EQUI-VEST, Momentum, Momentum Plus and EQUI-VEST Series
300 and 400 Contracts. Administrative charges, if applicable, are deducted
annually under EQUI-VEST, EQUIPLAN and Old Contracts and quarterly under
Momentum, Momentum Plus and EQUI-VEST Series 300 and 400 Contracts.
FSA-11
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
Accumulation units issued and redeemed during the periods indicated were:
<TABLE>
<CAPTION>
Years Ended
December 31,
-------------------------------------------
1996 1995
-------------------- ----------------
<S> <C> <C>
COMMON STOCK FUND
- -----------------
Issued -- EQUI-VEST Contracts................................ 4,329,571 4,339,470
Momentum Contracts................................. 243,637 208,765
Momentum Plus Contracts............................ 597,453 470,567
Enhanced Momentum Plus Contracts................... 157,605 0
Old Contracts...................................... 728 837
EQUIPLAN Contracts................................. 303 268
EQUI-VEST Series 300 and 400 Contracts............. 2,233,005 1,432,603
Redeemed -- EQUI-VEST Contracts................................ 3,688,353 3,797,103
Momentum Contracts................................. 127,310 75,510
Momentum Plus Contracts............................ 264,968 94,575
Enhanced Momentum Plus Contracts................... 17,583 0
Old Contracts...................................... 42,438 51,405
EQUIPLAN Contracts................................. 12,375 11,184
EQUI-VEST Series 300 and 400 Contracts............. 764,368 391,658
INTERMEDIATE GOVERNMENT SECURITIES FUND
- ---------------------------------------
Issued -- Momentum Contracts................................. 5,037 7,133
Momentum Plus Contracts............................ 30,826 34,658
Enhanced Momentum Plus Contracts................... 2,792 0
EQUIPLAN Contracts................................. 13,023 68
EQUI-VEST Series 300 and 400 Contracts............. 103,536 90,918
Redeemed -- Momentum Contracts................................. 2,248 598
Momentum Plus Contracts............................ 37,473 11,347
Enhanced Momentum Plus Contracts................... 336 0
EQUIPLAN Contracts................................. 8,091 4,000
EQUI-VEST Series 300 and 400 Contracts............. 46,208 33,589
MONEY MARKET FUND
- -----------------
Issued -- EQUI-VEST Contracts................................ 471,698 366,971
Momentum Contracts................................. 508,189 447,257
Momentum Plus Contracts............................ 812,388 676,808
Enhanced Momentum Plus Contracts................... 40,920 0
Old Contracts...................................... 4,948 2,235
EQUI-VEST Series 300 and 400 Contracts............. 245,758 144,021
Redeemed -- EQUI-VEST Contracts................................ 479,069 345,636
Momentum Contracts................................. 456,078 374,993
Momentum Plus Contracts............................ 804,620 851,769
Enhanced Momentum Plus Contracts................... 27,829 0
Old Contracts...................................... 15,490 9,440
EQUI-VEST Series 300 and 400 Contracts............. 162,153 125,670
</TABLE>
FSA-12
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
Years Ended
December 31,
---------------------------------------------
1996 1995
-------------------- ----------------
<S> <C> <C>
BALANCED FUND
- -------------
Issued -- EQUI-VEST Contracts................................ 4,328,191 4,387,731
Momentum Contracts................................. 344,030 395,854
Momentum Plus Contracts............................ 200,165 204,147
Enhanced Momentum Plus Contracts................... 55,952 0
EQUI-VEST Series 300 and 400 Contracts............. 274,681 183,034
Redeemed -- EQUI-VEST Contracts................................ 6,220,763 6,839,622
Momentum Contracts................................. 243,591 215,312
Momentum Plus Contracts............................ 118,387 56,192
Enhanced Momentum Plus Contracts................... 7,610 0
EQUI-VEST Series 300 and 400 Contracts............. 112,296 86,454
AGGRESSIVE STOCK FUND
- ---------------------
Issued -- EQUI-VEST Contracts................................ 15,729,861 15,601,564
Momentum Contracts................................. 640,809 583,570
Momentum Plus Contracts............................ 611,656 465,017
Enhanced Momentum Plus Contracts................... 124,790 0
EQUI-VEST Series 300 and 400 Contracts............. 2,252,325 1,591,822
Redeemed -- EQUI-VEST Contracts................................ 13,605,973 14,567,533
Momentum Contracts................................. 329,415 234,646
Momentum Plus Contracts............................ 259,855 97,553
Enhanced Momentum Plus Contracts................... 15,823 0
EQUI-VEST Series 300 and 400 Contracts............. 1,094,154 945,741
GROWTH INVESTORS FUND
- ---------------------
Issued -- Momentum Contracts................................. 69,706 50,523
Momentum Plus Contracts............................ 277,255 243,492
Enhanced Momentum Plus Contracts................... 15,724 0
EQUI-VEST Series 300 and 400 Contracts............. 1,654,096 1,401,142
Redeemed -- Momentum Contracts................................. 16,841 3,545
Momentum Plus Contracts............................ 143,744 56,483
Enhanced Momentum Plus Contracts................... 1,072 0
EQUI-VEST Series 300 and 400 Contracts............. 441,519 311,129
CONSERVATIVE INVESTORS FUND
- ---------------------------
Issued -- Momentum Contracts................................. 10,705 8,347
Momentum Plus Contracts............................ 55,120 54,650
Enhanced Momentum Plus Contracts................... 5,947 0
EQUI-VEST Series 300 and 400 Contracts............. 200,840 223,974
Redeemed -- Momentum Contracts................................. 3,249 450
Momentum Plus Contracts............................ 47,599 18,295
Enhanced Momentum Plus Contracts................... 1,318 0
EQUI-VEST Series 300 and 400 Contracts............. 125,486 57,483
HIGH YIELD FUND
- ---------------
Issued -- Momentum Contracts................................. 12,054 6,324
Momentum Plus Contracts............................ 50,342 44,314
Enhanced Momentum Plus Contracts................... 5,597 0
EQUI-VEST Series 300 and 400 Contracts............. 347,167 145,638
Redeemed -- Momentum Contracts................................. 1,584 395
Momentum Plus Contracts............................ 26,154 12,085
Enhanced Momentum Plus Contracts................... 478 0
EQUI-VEST Series 300 and 400 Contracts............. 112,750 35,957
</TABLE>
FSA-13
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
Years Ended
December 31,
--------------------------------------
1996 1995
--------------- -------------
<S> <C> <C>
GLOBAL FUND
- -----------
Issued -- Momentum Contracts................................. 69,785 53,496
Momentum Plus Contracts............................ 226,890 251,525
Enhanced Momentum Plus Contracts................... 14,214 0
EQUI-VEST Series 300 and 400 Contracts............. 1,395,485 1,670,603
Redeemed -- Momentum Contracts................................. 15,804 7,044
Momentum Plus Contracts............................ 158,197 84,289
Enhanced Momentum Plus Contracts................... 1,356 0
EQUI-VEST Series 300 and 400 Contracts............. 521,429 854,945
GROWTH & INCOME FUND
- --------------------
Issued -- Momentum Contracts................................. 32,378 14,155
Momentum Plus Contracts............................ 80,062 66,279
Enhanced Momentum Plus Contracts................... 3,154 0
EQUI-VEST Series 300 and 400 Contracts............. 769,435 387,123
Redeemed -- Momentum Contracts................................. 8,397 1,570
Momentum Plus Contracts............................ 26,343 8,379
Enhanced Momentum Plus Contracts................... 126 0
EQUI-VEST Series 300 and 400 Contracts............. 291,623 99,840
QUALITY BOND FUND
- -----------------
Issued -- Momentum Contracts................................. 4,794 3,450
Momentum Plus Contracts............................ 21,227 16,825
Enhanced Momentum Plus Contracts................... 1,393 0
EQUI-VEST Series 300 and 400 Contracts............. 145,134 108,824
Redeemed -- Momentum Contracts................................. 1,778 523
Momentum Plus Contracts............................ 10,306 2,479
Enhanced Momentum Plus Contracts................... 47 0
EQUI-VEST Series 300 and 400 Contracts............. 84,488 26,494
EQUITY INDEX FUND
- -----------------
Issued -- Momentum Contracts................................. 45,208 13,555
Momentum Plus Contracts............................ 114,361 46,112
Enhanced Momentum Plus Contracts................... 4,998 0
EQUI-VEST Series 300 and 400 Contracts............. 1,866,091 1,413,313
Redeemed -- Momentum Contracts................................. 6,994 1,679
Momentum Plus Contracts............................ 30,367 5,016
Enhanced Momentum Plus Contracts................... 642 0
EQUI-VEST Series 300 and 400 Contracts............. 971,325 868,769
INTERNATIONAL FUND
- ------------------
Issued -- Momentum Contracts................................. 21,296 480
Momentum Plus Contracts............................ 61,499 3,464
Enhanced Momentum Plus Contracts................... 26,479 0
EQUI-VEST Series 300 and 400 Contracts............. 1,395,292 198,903
Redeemed -- Momentum Contracts................................. 2,534 0
Momentum Plus Contracts............................ 10,691 8
Enhanced Momentum Plus Contracts................... 5,744 0
EQUI-VEST Series 300 and 400 Contracts............. 772,701 58,228
</TABLE>
FSA-14
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
5. Net Assets
Net assets consist of: (i) net assets attributable to Contracts in the
accumulation period, which are represented by Contract accumulation units
outstanding and associated accumulation unit values and (ii) actuarial
reserves and other liabilities attributable to Contracts in the payout
period which are not represented by accumulation units or unit values.
Listed below are components of net assets.
<TABLE>
<CAPTION>
INTERMEDIATE
COMMON GOVERNMENT MONEY
STOCK SECURITIES MARKET BALANCED
FUND FUND FUND FUND
-------------------- ---------------- ---------------- ------------------
<S> <C> <C> <C> <C>
Net assets attributable
to EQUI-VEST
Contracts in
accumulation period.............. $3,370,457,812 $ -- $28,666,122 $ 964,675,157
Net assets attributable
to Old Contracts in
accumulation period.............. 85,158,183 -- 4,336,192 --
Net assets attributable
to EQUIPLAN
Contracts in
accumulation period.............. 25,613,227 2,798,061 -- --
Net assets attributable
to Momentum
Contracts in
accumulation period.............. 103,372,142 1,120,445 6,801,469 36,005,104
Net assets attributable
to Momentum Plus
Contracts in
accumulation period.............. 168,686,155 8,787,834 34,332,235 50,090,333
Net assets attributable
to Enhanced Momentum
Plus Contracts in
accumulation period.............. 17,626,753 259,695 1,383,018 5,518,846
Net assets attributable
to EQUI-VEST Series 300
& 400 Contracts in
accumulation period.............. 537,355,103 16,459,482 18,295,762 65,340,718
Actuarial reserves and
other contract
liabilities
attributable to
Contracts in payout.............. 24,428,725 2,675 -- 105,684
-------------- ----------- ----------- --------------
$4,332,698,100 $29,428,192 $93,814,798 $1,121,735,842
============== =========== =========== ==============
</TABLE>
<TABLE>
<CAPTION>
AGGRESSIVE GROWTH
STOCK INVESTORS
FUND FUND
-------------------- --------------
<S> <C> <C>
Net assets attributable
to EQUI-VEST
Contracts in
accumulation period.............. $2,316,874,460 $ --
Net assets attributable
to Old Contracts in
accumulation period.............. -- --
Net assets attributable
to EQUIPLAN
Contracts in
accumulation period.............. -- --
Net assets attributable
to Momentum
Contracts in
accumulation period.............. 106,189,250 14,694,449
Net assets attributable
to Momentum Plus
Contracts in
accumulation period.............. 168,280,410 68,574,772
Net assets attributable
to Enhanced Momentum
Plus Contracts in
accumulation period.............. 13,679,380 1,714,501
Net assets attributable
to EQUI-VEST Series 300
& 400 Contracts in
accumulation period.............. 368,768,780 443,596,795
Actuarial reserves and
other contract
liabilities
attributable to
Contracts in payout.............. 2,781,450 830,112
-------------- ------------
$2,976,573,730 $529,410,629
============== ============
</TABLE>
FSA-15
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
CONSERVATIVE HIGH GROWTH &
INVESTORS YIELD GLOBAL INCOME
FUND FUND FUND FUND
------------------- --------------- --------------- ---------------
<S> <C> <C> <C> <C>
Net assets attributable
to EQUI-VEST
Contracts in
accumulation period............... $ -- $ -- $ -- $ --
Net assets attributable
to Old Contracts in
accumulation period.............. -- -- -- --
Net assets attributable
to EQUIPLAN
Contracts in
accumulation period.............. -- -- -- --
Net assets attributable
to Momentum
Contracts in
accumulation period.............. 2,114,842 2,433,263 16,048,232 5,838,772
Net assets attributable
to Momentum Plus
Contracts in
accumulation period.............. 15,650,595 13,836,870 64,536,142 17,388,863
Net assets attributable
to Enhanced Momentum Plus
Contracts in
accumulation period ............. 507,009 652,448 1,496,342 374,309
Net assets attributable
to EQUI-VEST Series 300 & 400
Contracts in
accumulation period.............. 66,443,641 61,001,720 413,259,009 139,856,174
Actuarial reserves and
other contract
liabilities
attributable to
Contracts in payout.............. 535,465 36,937 114,540 48,179
----------- ----------- ------------ ------------
$85,251,552 $77,961,238 $495,454,265 $163,506,297
=========== =========== ============ ============
</TABLE>
<TABLE>
<CAPTION>
QUALITY EQUITY
BOND INDEX INTERNATIONAL
FUND FUND FUND
---------------- ----------------- ---------------
<S> <C> <C> <C>
Net assets attributable
to EQUI-VEST
Contracts in
accumulation period.............. $ -- $ -- $ --
Net assets attributable
to Old Contracts in
accumulation period.............. -- -- --
Net assets attributable
to EQUIPLAN
Contracts in
accumulation period.............. -- -- --
Net assets attributable
to Momentum
Contracts in
accumulation period.............. 805,525 8,310,489 2,171,142
Net assets attributable
to Momentum Plus
Contracts in
accumulation period.............. 3,339,020 21,020,652 6,121,746
Net assets attributable
to Enhanced Momentum Plus
Contracts in
accumulation period ............. 146,541 564,940 2,342,303
Net assets attributable
to EQUI-VEST Series 300 & 400
Contracts in
accumulation period.............. 22,042,506 243,929,938 86,118,730
Actuarial reserves and
other contract
liabilities
attributable to
Contracts in payout.............. 15,674 520,685 433,639
----------- ------------ -----------
$26,349,266 $274,346,704 $97,187,560
=========== ============ ===========
</TABLE>
FSA-16
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
6. Accumulation Unit Values
Shown below is accumulation unit value information for a unit outstanding
throughout the periods shown.
<TABLE>
<CAPTION>
COMMON STOCK FUND--OLD CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------------------------------------------------------------
1996 1995 1994 1993 1992 1991 1990 1989 1988 1987
------- ------- -------- ------- ------- ------- ------ ------ ------ ------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Unit value, beginning of period .. $199.66 $151.67 $155.96 $125.72 $122.56 $ 89.56 $97.97 $78.37 $63.99 $59.83
======= ======= ======= ======= ======= ======= ====== ====== ====== ======
Unit value, end of period ........ $246.57 $199.66 $151.67 $155.96 $125.72 $122.56 $89.56 $97.97 $78.37 $63.99
======= ======= ======= ======= ======= ======= ====== ====== ====== ======
Number of units outstanding,
end of period (000's) ........ 345 387 438 467 525 598 694 780 895 1,079
======= ======= ======= ======= ======= ======= ====== ====== ====== ======
<CAPTION>
COMMON STOCK FUND--EQUI-VEST/MOMENTUM** CONTRACTS
YEARS ENDED DECEMBER 31,
-------------------------------------------------------------------------------------
1996 1995 1994 1993 1992 1991 1990 1989 1988 1987
------- ------- ------- ------- ------- -------- ------ ------ ------ ------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Unit value, beginning of period ... $162.42 $124.32 $128.81 $104.63 $102.76 $ 75.67 $83.40 $67.22 $55.30 $52.10
======= ======= ======= ======= ======= ======= ====== ====== ====== ======
Unit value, end of period ......... $199.05 $162.42 $124.32 $128.81 $104.63 $102.76 $75.67 $83.40 $67.22 $55.30
======= ======= ======= ======= ======= ======== ====== ====== ====== ======
Number of EQUI-VEST units
outstanding, end of
period (000's) ................ 16,933 16,292 15,749 13,917 11,841 10,292 9,670 8,645 7,252 7,349
======= ======= ======= ======= ======= ======== ====== ====== ====== ======
Number of Momentum units
outstanding, end of
period (000's) ................ 519 403 270 120
======= ======= ======= =======
<CAPTION>
COMMON STOCK FUND--EQUIPLAN CONTRACTS
YEARS ENDED DECEMBER 31,
-----------------------------------------------------------------------------------------
1996 1995 1994 1993 1992 1991 1990 1989 1988 1987
------- ------- ------- ------- ------- -------- -------- ------- ------ -------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Unit value, beginning of period.... $216.27 $164.29 $168.93 $136.10 $132.67 $ 96.95 $106.05 $ 84.83 $69.26 $65.62
======= ======= ======= ======= ======= ======= ======= ======= ====== ======
Unit value, end of period ......... $267.08 $216.27 $164.29 $168.93 $136.10 $132.67 $ 96.95 $106.05 $84.83 $69.56
======= ======= ======= ======= ======= ======= ======= ======= ====== ======
Number of units
outstanding,
end of period (000's) ......... 96 108 119 124 135 144 157 177 196 235
======= ======= ======= ======= ======= ======== ======== ======= ====== ======
<CAPTION>
COMMON STOCK FUND--MOMENTUM PLUS CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------ SEPTEMBER 9, 1993*
1996 1995 1994 TO DECEMBER 31, 1993
------- ------- ------ --------------------
<S> <C> <C> <C> <C>
Unit value, beginning of period .................. $132.47 $101.38 $105.01 $100.00
======= ======= ======= =======
Unit value, end of period ........................ $162.39 $132.47 $101.38 $105.01
======= ======= ======= =======
Number of units outstanding, end of period (000's) 1,039 706 330 12
======= ======= ======= =======
<FN>
- -------------------
*Date on which units were made available for sale.
**The Momentum Contracts were first introduced for sale on February 15, 1993.
</FN>
</TABLE>
FSA-17
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
COMMON STOCK FUND--ENHANCED MOMENTUM PLUS CONTRACTS
SEPTEMBER 1, 1996
TO DECEMBER 31, 1996*
------------------------------
Unit value, beginning of period ....................... $100.00
=======
Unit value, end of period ............................. $125.89
=======
Number of units outstanding, end of period (000's)..... 140
=======
<TABLE>
<CAPTION>
COMMON STOCK FUND--EQUI-VEST SERIES 300 AND 400 CONTRACTS
YEARS ENDED DECEMBER 31,
--------------------------- JANUARY 3, 1994*
1996 1995 TO DECEMBER 31, 1994
------- -------- ---------------------
<S> <C> <C> <C>
Unit value, beginning of period ........................ $126.78 $ 97.03 $100.00
======= ======= =======
Unit value, end of period .............................. $155.42 $126.78 $ 97.03
======= ======= =======
Number of units outstanding, end of period (000's)...... 3,457 1,989 948
======= ======= =======
<CAPTION>
INTERMEDIATE GOVERNMENT SECURITIES FUND--EQUIPLAN CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------------------------------------------------------
1996 1995 1994 1993 1992 1991 1990 1989 1988 1987
------ ------ ------ ------ ------ ------ ------ ------ ------ ------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Unit value, beginning of period $49.69 $44.04 $46.25 $42.04 $40.00 $35.17 $33.12 $28.89 $27.31 $26.81
====== ====== ====== ====== ====== ====== ====== ====== ====== ======
Unit value, end of period ..... $51.34 $49.69 $44.04 $46.25 $42.04 $40.00 $35.17 $33.12 $28.89 $27.31
====== ====== ====== ====== ====== ====== ====== ====== ====== ======
Number of units period
outstanding,
end of period (000's) ..... 55 50 54 58 66 74 82 91 98 120
====== ====== ====== ====== ====== ====== ====== ====== ====== ======
<CAPTION>
INTERMEDIATE GOVERNMENT SECURITIES FUND--MOMENTUM CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------ JUNE 1, 1994*
1996 1995 TO DECEMBER 31, 1994
------- -------- ----------------------
<S> <C> <C> <C>
Unit value, beginning of period ........................... $109.80 $ 98.19 $100.00
======= ======= =======
Unit value, end of period ................................. $112.40 $109.80 $ 98.19
======= ======= =======
Number of units outstanding, end of period (000's)......... 10 7 1
======= ======= =======
<FN>
- -------------------
*Date on which units were made available for sale.
**The Momentum Contracts were first introduced for sale on February 15, 1993.
</FN>
</TABLE>
FSA-18
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
INTERMEDIATE GOVERNMENT SECURITIES FUND--MOMENTUM PLUS CONTRACTS
YEARS ENDED DECEMBER 31,
----------------------------- SEPTEMBER 9, 1993*
1996 1995 1994 TO DECEMBER 31, 1993
------- ------- ------- --------------------
<S> <C> <C> <C> <C>
Unit value, beginning of period ........................... $105.94 $ 94.76 $100.44 $100.00
======= ======= ======= =======
Unit value, end of period ................................. $108.45 $105.94 $ 94.76 $100.44
======= ======= ======= =======
Number of units outstanding, end of period (000's)......... 81 88 64 1
======= ======= ======= =======
<CAPTION>
INTERMEDIATE GOVERNMENT SECURITIES FUND--ENHANCED MOMENTUM PLUS CONTRACTS
SEPTEMBER 1, 1996
TO DECEMBER 31, 1996*
-------------------------
<S> <C>
Unit value, beginning of period...................... $100.00
=======
Unit value, end of period............................ $105.75
=======
Number of units outstanding, end of period (000's)... 2
=======
<CAPTION>
INTERMEDIATE GOVERNMENT SECURITIES FUND--EQUI-VEST SERIES 300 AND 400 CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------ JUNE 1, 1994*
1996 1995 TO DECEMBER 31, 1994
------- ------- ------------------------
<S> <C> <C> <C>
Unit value, beginning of period ........................... $109.80 $ 98.19 $100.00
======= ======= =======
Unit value, end of period ................................. $112.40 $109.80 $ 98.19
======= ======= =======
Number of units outstanding, end of period (000's) ........ 146 89 32
======= ======= =======
<CAPTION>
MONEY MARKET FUND--OLD CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------------------------------------------------------
1996 1995 1994 1993 1992 1991 1990 1989 1988 1987
------ ------ ------ ------ ------ ------ ------ ------ ------ -------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Unit value, beginning of period... $32.00 $30.44 $29.43 $28.75 $27.92 $26.47 $24.59 $22.66 $21.23 $20.01
====== ====== ====== ====== ====== ====== ====== ====== ====== ======
Unit value, end of period ........ $33.52 $32.00 $30.44 $29.43 $28.75 $27.92 $26.47 $24.59 $22.66 $21.23
====== ====== ====== ====== ====== ====== ====== ====== ====== ======
Number of units outstanding,
end of period (000's) ........ 129 140 147 168 204 246 289 310 339 419
====== ====== ====== ====== ====== ====== ====== ====== ====== ======
<FN>
- -------------------
*Date on which units were made available for sale.
**The Momentum Contracts were first introduced for sale on February 15, 1993.
</FN>
</TABLE>
FSA-19
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
MONEY MARKET FUND--EQUI-VEST / MOMENTUM** CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------------------------------------------------------
1996 1995 1994 1993 1992 1991 1990 1989 1988 1987
------ ------ ------ ------ ------ ------ ------ ------ ------ ------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Unit value, beginning of period ... $27.22 $26.08 $25.41 $25.01 $24.48 $23.38 $21.89 $20.32 $19.18 $18.22
====== ====== ====== ====== ====== ====== ====== ====== ====== ======
Unit value, end of period ......... $28.28 $27.22 $26.08 $25.41 $25.01 $24.48 $23.38 $21.89 $20.32 $19.18
====== ====== ====== ====== ====== ====== ====== ====== ====== ======
Number of EQUI-VEST units
outstanding, end of
period (000's) ................ 1,013 1,021 1,000 1,065 1,201 1,325 1,307 1,045 656 581
====== ====== ====== ====== ====== ====== ====== ====== ====== ======
Number of Momentum units
outstanding, end of
period (000's) ................ 240 188 166 56
====== ====== ====== ======
<CAPTION>
MONEY MARKET FUND--MOMENTUM PLUS CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------- SEPTEMBER 9, 1993*
1996 1995 1994 TO DECEMBER 31, 1993
------- ------- ------- -----------------------
<S> <C> <C> <C> <C>
Unit value, beginning of period ........................... $107.55 $103.10 $100.47 $100.00
======= ======= ======= =======
Unit value, end of period ................................. $111.75 $107.55 $103.10 $100.47
======= ======= ======= =======
Number of units outstanding, end of period (000's)......... 307 299 474 62
======= ======= ======= =======
</TABLE>
MONEY MARKET FUND--ENHANCED MOMENTUM PLUS CONTRACTS
SEPTEMBER 1, 1996
TO DECEMBER 31, 1996*
---------------------
Unit value, beginning of period ......................... $100.00
=======
Unit value, end of period ............................... $105.65
=======
Number of units outstanding, end of period (000's)....... 13
=======
<TABLE>
<CAPTION>
MONEY MARKET FUND--EQUI-VEST SERIES 300 AND 400 CONTRACTS
YEARS ENDED DECEMBER 31,
----------------------- JANUARY 3, 1994*
1996 1995 TO DECEMBER 31, 1994
------- ------- ------------------------------
<S> <C> <C> <C>
Unit value, beginning of period ........................... $107.04 $102.61 $100.00
======= ======= =======
Unit value, end of period ................................. $111.21 $107.04 $102.61
======= ======= =======
Number of units outstanding, end of period (000's)......... 165 81 63
======= ======= =======
<FN>
- -------------------
*Date on which units were made available for sale.
**The Momentum Contracts were first introduced for sale on February 15, 1993.
</FN>
</TABLE>
FSA-20
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
BALANCED FUND--EQUI-VEST / MOMENTUM** CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------------------------------------------------------
1996 1995 1994 1993 1992 1991 1990 1989 1988 1987
------ ------ ------ ------ ------ ------ ------ ------ ------ ------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Unit value, beginning of period ... $30.92 $26.18 $28.85 $26.04 $27.17 $19.40 $19.69 $15.80 $13.95 $14.69
====== ====== ====== ====== ====== ====== ====== ====== ====== ======
Unit value, end of period ......... $34.06 $30.92 $26.18 $28.85 $26.04 $27.17 $19.40 $19.69 $15.80 $13.95
====== ====== ====== ====== ====== ====== ====== ====== ====== ======
Number of EQUI-VEST units
outstanding, end of
period (000's) ................ 28,319 30,212 32,664 31,259 25,975 21,100 19,423 16,810 15,335 17,370
====== ====== ====== ====== ====== ====== ====== ====== ====== ======
Number of Momentum units
outstanding, end of
period (000's)................. 1,057 957 776 348
====== ====== ====== ======
<CAPTION>
BALANCED FUND--MOMENTUM PLUS CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------- SEPTEMBER 9, 1993*
1996 1995 1994 TO DECEMBER 31, 1993
------- ------ ------- ---------------------
<S> <C> <C> <C> <C>
Unit value, beginning of period ........................... $108.95 $92.22 $101.63 $100.00
======= ======= ======= =======
Unit value, end of period ................................. $120.01 $108.95 $ 92.22 $101.63
======= ======= ======= =======
Number of units outstanding, end of period (000's)......... 417 336 188 9
======= ======= ======= =======
</TABLE>
BALANCED FUND--ENHANCED MOMENTUM PLUS CONTRACTS
SEPTEMBER 1, 1996*
TO DECEMBER 31, 1996
--------------------
Unit value, beginning of period........................ $100.00
=======
Unit value, end of period.............................. $114.16
=======
Number of units outstanding, end of period (000's)..... 48
=======
<TABLE>
<CAPTION>
BALANCED FUND--EQUI-VEST SERIES 300 AND 400 CONTRACTS
YEARS ENDED DECEMBER 31,
----------------------- JANUARY 3, 1994*
1996 1995 TO DECEMBER 31, 1994
------- ------- ----------------------
<S> <C> <C> <C>
Unit value, beginning of period ........................... $108.26 $ 91.64 $100.00
======= ======= =======
Unit value, end of period ................................. $119.26 $108.26 $ 91.64
======= ======= =======
Number of units outstanding, end of period (000's)......... 548 386 289
======= ======= =======
<FN>
- -------------------
*Date on which units were made available for sale.
**The Momentum Contracts were first introduced for sale on February 15, 1993.
</FN>
</TABLE>
FSA-21
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
AGGRESSIVE STOCK FUND--EQUI-VEST / MOMENTUM** CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------------------------------------------------------
1996 1995 1994 1993 1992 1991 1990 1989 1988 1987
------ ------ ------ ------ ------ ------ ------ ------ ------ ------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Unit value, beginning of period ... $68.73 $52.88 $55.68 $48.30 $50.51 $27.36 $25.86 $18.09 $18.15 $18.33
====== ====== ====== ====== ====== ====== ====== ====== ====== ======
Unit value, end of period ......... $82.91 $68.73 $52.88 $55.68 $48.30 $50.51 $27.36 $25.86 $18.09 $18.15
====== ====== ====== ====== ====== ====== ====== ====== ====== ======
Number of EQUI-VEST units
outstanding, end of
period (000's) ................ 27,945 25,821 24,787 21,496 17,986 12,962 9,545 8,134 8,972 10,180
====== ====== ====== ====== ====== ====== ====== ====== ====== ======
Number of Momentum units
outstanding, end of
period (000's) ................ 1,281 969 620 258
====== ====== ====== ======
<CAPTION>
AGGRESSIVE STOCK FUND--MOMENTUM PLUS CONTRACTS
YEARS ENDED DECEMBER 31,
----------------------------- SEPTEMBER 9, 1993*
1996 1995 1994 TO DECEMBER 31, 1993
------- ------- ------- ---------------------
<S> <C> <C> <C> <C>
Unit value, beginning of period ...................... $130.50 $100.49 $105.90 $100.00
======= ======= ======= =======
Unit value, end of period ............................ $157.31 $130.50 $100.49 $105.90
======= ======= ======= =======
Number of units outstanding, end of period (000's).... 1,070 718 350 12
======= ======= ======= =======
</TABLE>
AGGRESSIVE STOCK FUND--ENHANCED MOMENTUM PLUS CONTRACTS
SEPTEMBER 1, 1996
TO DECEMBER 31, 1996*
-------------------------
Unit value, beginning of period........................ $100.00
=======
Unit value, end of period.............................. $125.54
=======
Number of units outstanding, end of period (000's)..... 109
=======
<TABLE>
<CAPTION>
AGGRESSIVE STOCK FUND--EQUI-VEST SERIES 300 AND 400 CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------ JANUARY 3, 1994*
1996 1995 TO DECEMBER 31, 1994
------ ------- --------------------
<S> <C> <C> <C>
Unit value, beginning of period ...................... $123.95 $ 95.45 $100.00
======= ======= =======
Unit value, end of period ............................ $149.41 $123.95 $ 95.45
======= ======= =======
Number of units outstanding, end of period (000's).... 2,468 1,310 664
======= ======= =======
<FN>
- -------------------
*Date on which units were made available for sale.
**The Momentum Contracts were first introduced for sale on February 15, 1993.
</FN>
</TABLE>
FSA-22
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
GROWTH INVESTORS FUND--MOMENTUM CONTRACTS
YEARS ENDED DECEMBER 31,
-------------------------------------- JUNE 1, 1994*
1996 1995 TO DECEMBER 31, 1994
------------------ ----------------- --------------------------
<S> <C> <C> <C>
Unit value, beginning of period...................... $120.08 $ 96.31 $100.00
======= ======= =======
Unit value, end of period............................ $133.40 $120.08 $ 96.31
======= ======= =======
Number of units outstanding, end of period (000's)... 110 57 10
======= ======= =======
<CAPTION>
GROWTH INVESTORS FUND--MOMENTUM PLUS CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------------------ SEPTEMBER 9, 1993*
1996 1995 1994 TO DECEMBER 31, 1993
----------- ---------- ----------- -----------------------
<S> <C> <C> <C> <C>
Unit value, beginning of period...................... $121.49 $ 97.45 $101.99 $100.00
======= ======= ======= =======
Unit value, end of period............................ $134.95 $121.49 $ 97.45 $101.99
======= ======= ======= =======
Number of units outstanding, end of period (000's)... 508 375 188 13
======= ======= ======= =======
<CAPTION>
GROWTH INVESTORS FUND--ENHANCED MOMENTUM PLUS CONTRACTS
SEPTEMBER 1, 1996
TO DECEMBER 31, 1996*
---------------------
<S> <C>
Unit value, beginning of period...................... $100.00
=======
Unit value, end of period............................ $116.95
=======
Number of units outstanding, end of period (000's)... 15
=======
<CAPTION>
GROWTH INVESTORS FUND--EQUI-VEST SERIES 300 AND 400 CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------ JANUARY 3, 1994*
1996 1995 TO DECEMBER 31, 1994
----------- ----------- -----------------------
<S> <C> <C> <C>
Unit value, beginning of period...................... $120.08 $ 96.31 $100.00
======= ======= =======
Unit value, end of period............................ $133.40 $120.08 $ 96.31
======= ======= =======
Number of units outstanding, end of period (000's)... 3,325 2,113 1,023
======= ======= =======
<FN>
- -------------------
*Date on which units were made available for sale.
**The Momentum Contracts were first introduced for sale on February 15, 1993.
</FN>
</TABLE>
FSA-23
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
CONSERVATIVE INVESTORS FUND--MOMENTUM CONTRACTS
YEARS ENDED DECEMBER 31,
--------------------------------- JUNE 1, 1994*
1996 1995 TO DECEMBER 31, 1994
--------------- -------------- -------------------------
<S> <C> <C> <C>
Unit value, beginning of period...................... $112.97 $ 95.10 $100.00
======= ======= =======
Unit value, end of period............................ $117.25 $112.97 $ 95.10
======= ======= =======
Number of units outstanding, end of period (000's)... 18 11 3
======= ======= =======
<CAPTION>
CONSERVATIVE INVESTORS FUND--MOMENTUM PLUS CONTRACTS
YEARS ENDED DECEMBER 31,
---------------------------------- SEPTEMBER 9, 1993*
1996 1995 1994 TO DECEMBER 31, 1993
--------- --------- --------- -------------------------
<S> <C> <C> <C> <C>
Unit value, beginning of period...................... $110.81 $ 93.29 $98.60 $100.00
======= ======= ====== =======
Unit value, end of period............................ $114.99 $110.81 $93.29 $ 98.60
======= ======= ====== =======
Number of units outstanding, end of period (000's)... 136 129 92 10
======= ======= ====== =======
<CAPTION>
CONSERVATIVE INVESTORS FUND--ENHANCED MOMENTUM PLUS CONTRACTS
SEPTEMBER 1, 1996
TO DECEMBER 31, 1996*
---------------------------
<S> <C>
Unit value, beginning of period...................... $100.00
=======
Unit value, end of period............................ $109.47
=======
Number of units outstanding, end of period (000's)... 5
=======
<CAPTION>
CONSERVATIVE INVESTORS FUND--EQUI-VEST SERIES 300 AND 400 CONTRACTS
YEARS ENDED DECEMBER 31,
-------------------------------------------------------
1996 1995 1994
------------- ----------- -----------
<S> <C> <C> <C>
Unit value, beginning of period...................... $112.97 $ 95.10 $100.00
======= ======= =======
Unit value, end of period............................ $117.25 $112.97 $ 95.10
======= ======= =======
Number of units outstanding, end of period (000's)... 567 491 325
======= ======= =======
<FN>
- -------------------
*Date on which units were made available for sale.
**The Momentum Contracts were first introduced for sale on February 15, 1993.
</FN>
</TABLE>
FSA-24
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
HIGH YIELD FUND--MOMENTUM CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------ JUNE 1, 1994* TO
1996 1995 DECEMBER 31, 1994
----------- ---------- ------------------------
<S> <C> <C> <C>
Unit value, beginning of period ..................... $113.44 $ 95.88 $100.00
======= ======= =======
Unit value, end of period ........................... $137.53 $113.44 $ 95.88
======= ======= =======
Number of units outstanding, end of period (000's) .. 18 7 1
======= ======= =======
<CAPTION>
HIGH YIELD FUND--MOMENTUM PLUS CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------------------ SEPTEMBER 9, 1993*
1996 1995 1994 TO DECEMBER 31, 1993
-------------- ----------- ----------- -------------------------
<S> <C> <C> <C> <C>
Unit value, beginning of period...................... $121.10 $102.37 $106.74 $100.00
======= ======= ======= =======
Unit value, end of period............................ $146.80 $121.10 $102.37 $106.74
======= ======= ======= =======
Number of units outstanding, end of period (000's)... 94 70 38 1
======= ======= ======= =======
</TABLE>
HIGH YIELD FUND--ENHANCED MOMENTUM PLUS CONTRACTS
SEPTEMBER 1, 1996
TO DECEMBER 31, 1996*
--------------------------
Unit value, beginning of period...................... $100.00
=======
Unit value, end of period............................ $127.46
=======
Number of units outstanding, end of period (000's)... 5
=======
<TABLE>
<CAPTION>
HIGH YIELD FUND--EQUI-VEST SERIES 300 AND 400 CONTRACTS
YEARS ENDED DECEMBER 31,
---------------------------- JANUARY 3, 1994*
1996 1995 TO DECEMBER 31, 1994
------------ ------------ --------------------------
<S> <C> <C> <C>
Unit value, beginning of period...................... $113.44 $ 95.88 $100.00
======= ======= =======
Unit value, end of period............................ $137.53 $113.44 $ 95.88
======= ======= =======
Number of units outstanding, end of period (000's)... 444 209 99
======= ======= =======
<FN>
- -------------------
*Date on which units were made available for sale.
**The Momentum Contracts were first introduced for sale on February 15, 1993.
</FN>
</TABLE>
FSA-25
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
GLOBAL FUND--MOMENTUM CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------ JUNE 1, 1994*
1996 1995 TO DECEMBER 31, 1994
------------- ------------ -----------------------
<S> <C> <C> <C>
Unit value, beginning of period...................... $122.06 $104.12 $100.00
======= ======= =======
Unit value, end of period............................ $138.00 $122.06 $104.12
======= ======= =======
Number of units outstanding, end of period (000's)... 116 62 16
======= ======= =======
<CAPTION>
GLOBAL FUND--MOMENTUM PLUS CONTRACTS
YEARS ENDED DECEMBER 31,
---------------------------------------------- SEPTEMBER 9, 1993*
1996 1995 1994 TO DECEMBER 31, 1993
------------- ----------- ----------- ------------------------
<S> <C> <C> <C> <C>
Unit value, beginning of period...................... $124.30 $106.04 $102.14 $100.00
======= ======= ======= ========
Unit value, end of period............................ $140.51 $124.30 $106.04 $102.14
======= ======= ======= =======
Number of units outstanding, end of period (000's)... 459 391 223 8
======= ======= ======= =======
</TABLE>
GLOBAL FUND--ENHANCED MOMENTUM PLUS CONTRACTS
SEPTEMBER 1, 1996
TO DECEMBER 31, 1996*
-------------------------
Unit value, beginning of period...................... $100.00
=======
Unit value, end of period............................ $116.37
=======
Number of units outstanding, end of period (000's)... 13
=======
<TABLE>
<CAPTION>
GLOBAL FUND--EQUI-VEST SERIES 300 AND 400 CONTRACTS
YEARS ENDED DECEMBER 31,
--------------------------------- JANUARY 3, 1994*
1996 1995 TO DECEMBER 31, 1994
--------------- ------------- -------------------------
<S> <C> <C> <C>
Unit value, beginning of period...................... $122.06 $104.12 $100.00
======= ======= =======
Unit value, end of period............................ $138.00 $122.06 $104.12
======= ======= =======
Number of units outstanding, end of period (000's)... 2,995 2,121 1,305
======= ======= =======
<FN>
- -------------------
*Date on which units were made available for sale.
**The Momentum Contracts were first introduced for sale on February 15, 1993.
</FN>
</TABLE>
FSA-26
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
GROWTH & INCOME FUND--MOMENTUM CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------------- JUNE 1, 1994*
1996 1995 TO DECEMBER 31, 1994
--------------- --------------- --------------------------
<S> <C> <C> <C>
Unit value, beginning of period...................... $121.02 $ 98.86 $100.00
======= ======= =======
Unit value, end of period............................ $143.37 $121.02 $ 98.86
======= ======= =======
Number of units outstanding, end of period (000's)... 41 17 4
======= ======= =======
<CAPTION>
GROWTH & INCOME FUND--MOMENTUM PLUS CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------------- JUNE 1, 1994*
1996 1995 TO DECEMBER 31, 1994
--------------- --------------- --------------------------
<S> <C> <C> <C>
Unit value, beginning of period...................... $121.25 $ 99.06 $100.00
======= ======= =======
Unit value, end of period............................ $143.63 $121.25 $ 99.06
======= ======= =======
Number of units outstanding, end of period (000's)... 121 67 9
======= ======= =======
<CAPTION>
GROWTH & INCOME FUND--ENHANCED MOMENTUM PLUS CONTRACTS
SEPTEMBER 1, 1996
TO DECEMBER 31, 1996*
----------------------
<S> <C>
Unit value, beginning of period...................... $100.00
=======
Unit value, end of period............................ $123.61
=======
Number of units outstanding, end of period (000's)... 3
=======
<CAPTION>
GROWTH & INCOME FUND--EQUI-VEST SERIES 300 AND 400 CONTRACTS
YEARS ENDED DECEMBER 31,
------------------------------------- JANUARY 3, 1994*
1996 1995 TO DECEMBER 31, 1994
-------------- --------------- --------------------------
<S> <C> <C> <C>
Unit value, beginning of period...................... $121.02 $ 98.86 $100.00
======= ======= =======
Unit value, end of period............................ $143.37 $121.02 $ 98.86
======= ======= =======
Number of units outstanding, end of period (000's)... 975 498 210
======= ======= =======
<FN>
- -------------------
*Date on which units were made available for sale.
**The Momentum Contracts were first introduced for sale on February 15, 1993.
</FN>
</TABLE>
FSA-27
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
QUALITY BOND FUND--MOMENTUM CONTRACTS
YEARS ENDED DECEMBER 31,
--------------------------------- JUNE 1, 1994*
1996 1995 TO DECEMBER 31, 1994
------------- ------------- ------------------------
<S> <C> <C> <C>
Unit value, beginning of period...................... $108.38 $ 93.87 $100.00
======= ======= =======
Unit value, end of period............................ $112.65 $108.38 $ 93.87
======= ======= =======
Number of units outstanding, end of period (000's)... 7 4 1
======= ======= =======
<CAPTION>
QUALITY BOND FUND--MOMENTUM PLUS CONTRACTS
YEARS ENDED DECEMBER 31,
--------------------------------- JUNE 1, 1994*
1996 1995 TO DECEMBER 31, 1994
------------- ------------- ------------------------
<S> <C> <C> <C>
Unit value, beginning of period...................... $114.38 $ 99.07 $100.00
======= ======= =======
Unit value, end of period............................ $118.87 $114.38 $ 99.07
======= ======= =======
Number of units outstanding, end of period (000's)... 28 17 3
======= ======= =======
</TABLE>
QUALITY BOND FUND--ENHANCED MOMENTUM PLUS CONTRACTS
SEPTEMBER 1, 1996*
TO DECEMBER 31, 1996
-----------------------
Unit value, beginning of period...................... $100.00
========
Unit value, end of period............................ $108.84
=======
Number of units outstanding, end of period (000's)... 1
=======
<TABLE>
<CAPTION>
QUALITY BOND FUND--EQUI-VEST SERIES 300 AND 400 CONTRACTS
YEARS ENDED DECEMBER 31,
--------------------------------- JANUARY 3, 1994*
1996 1995 TO DECEMBER 31, 1994
------------- ------------- ------------------------
<S> <C> <C> <C>
Unit value, beginning of period...................... $108.38 $ 93.87 $100.00
======= ======= =======
Unit value, end of period............................ $112.65 $108.38 $ 93.87
======= ======= =======
Number of units outstanding, end of period (000's)... 196 135 53
======= ======= =======
<FN>
- -------------------
*Date on which units were made available for sale.
**The Momentum Contracts were first introduced for sale on February 15, 1993.
</FN>
</TABLE>
FSA-28
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONTINUED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
EQUITY INDEX FUND--MOMENTUM CONTRACTS
YEARS ENDED DECEMBER 31,
--------------------------------- JUNE 1, 1994*
1996 1995 TO DECEMBER 31, 1994
------------- ------------- ------------------------
<S> <C> <C> <C>
Unit value, beginning of period...................... $135.94 $100.95 $100.00
======= ======= =======
Unit value, end of period............................ $164.12 $135.94 $100.95
======= ======= =======
Number of units outstanding, end of period (000's)... 51 12 1
======= ======= =======
<CAPTION>
EQUITY INDEX FUND--MOMENTUM PLUS CONTRACTS
YEARS ENDED DECEMBER 31,
--------------------------------- JUNE 1, 1994*
1996 1995 TO DECEMBER 31, 1994
------------- ------------- ------------------------
<S> <C> <C> <C>
Unit value, beginning of period...................... $135.92 $100.94 $100.00
======= ======= =======
Unit value, end of period............................ $164.08 $135.92 $100.94
======= ======= =======
Number of units outstanding, end of period (000's)... 128 44 3
======= ======= =======
</TABLE>
EQUITY INDEX FUND--ENHANCED MOMENTUM PLUS CONTRACTS
SEPTEMBER 1, 1996*
TO DECEMBER 31, 1996
-----------------------
Unit value, beginning of period...................... $100.00
=======
Unit value, end of period............................ $139.70
=======
Number of units outstanding, end of period (000's)... 4
=======
<TABLE>
<CAPTION>
EQUITY INDEX FUND--EQUI-VEST SERIES 300 AND 400 CONTRACTS
YEARS ENDED DECEMBER 31,
--------------------------------- JUNE 1, 1994*
1996 1995 TO DECEMBER 31, 1994
------------- ------------- -------------------------
<S> <C> <C> <C>
Unit value, beginning of period...................... $135.94 $100.95 $100.00
======= ======= =======
Unit value, end of period............................ $164.12 $135.94 $100.95
======= ======= =======
Number of units outstanding, end of period (000's)... 1,486 592 47
======= ======= =======
<FN>
- -------------------
*Date on which units were made available for sale.
**The Momentum Contracts were first introduced for sale on February 15, 1993.
</FN>
</TABLE>
FSA-29
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES
SEPARATE ACCOUNT A
NOTES TO FINANCIAL STATEMENTS--(CONCLUDED)
DECEMBER 31, 1996
<TABLE>
<CAPTION>
INTERNATIONAL FUND--MOMENTUM CONTRACTS
YEAR ENDED
DECEMBER 31, SEPTEMBER 1, 1994*
1996 TO DECEMBER 31, 1995
--------------------------- -------------------------------
<S> <C> <C>
Unit value, beginning of period............................ $104.15 $100.00
======= =======
Unit value, end of period.................................. $112.82 $104.15
======= =======
Number of units outstanding, end of period (000's)......... 19 0
======= =======
<CAPTION>
INTERNATIONAL FUND--MOMENTUM PLUS CONTRACTS
YEAR ENDED
DECEMBER 31, SEPTEMBER 1, 1994* TO
1996 DECEMBER 31, 1995
----------------------------- -------------------------------
<S> <C> <C>
Unit value, beginning of period............................ $104.15 $100.00
======= =======
Unit value, end of period.................................. $112.81 $104.15
======= =======
Number of units outstanding, end of period (000's)......... 54 3
======= =======
</TABLE>
INTERNATIONAL FUND--ENHANCED MOMENTUM CONTRACTS
SEPTEMBER 1, 1996
TO DECEMBER 31, 1996*
------------------------
Unit value, beginning of period....................... $100.00
=======
Unit value, end of period............................. $112.96
=======
Number of units outstanding, end of period (000's).... 21
=======
<TABLE>
<CAPTION>
INTERNATIONAL FUND--EQUI-VEST SERIES 300 AND 400 CONTRACTS
YEAR ENDED
DECEMBER 31, SEPTEMBER 1, 1994*
1996 TO DECEMBER 31, 1995
----------------------------- -------------------------------
<S> <C> <C>
Unit value, beginning of period............................ $104.15 $100.00
======= =======
Unit value, end of period.................................. $112.83 $104.15
======= =======
Number of units outstanding, end of period (000's)......... 763 141
======= =======
<FN>
- -------------------
*Date on which units were made available for sale.
**The Momentum Contracts were first introduced for sale on February 15, 1993.
</FN>
</TABLE>
FSA-30
<PAGE>
EQUI-VEST(REGISTERED TRADEMARK) AND MOMENTUM
PERSONAL RETIREMENT PROGRAMS
AND
EMPLOYER SPONSORED RETIREMENT PROGRAMS
PROSPECTUS, DATED MAY 1, 1996
- -----------------------------------------------------------------------------
VARIABLE ANNUITY CONTRACTS FUNDED THROUGH THE
INVESTMENT FUNDS OF SEPARATE ACCOUNT A
Issued By:
The Equitable Life Assurance Society of the United States
- -----------------------------------------------------------------------------
This prospectus describes group and individual deferred variable annuity
contracts (CONTRACTS) offered by The Equitable Life Assurance Society of the
United States (EQUITABLE LIFE). The EQUI-VEST Contracts are designed for
retirement savings and long-range financial planning as part of a retirement
savings plan. The Momentum Contract (MOMENTUM) is designed to fund defined
contribution plans. Contributions in both MOMENTUM and EQUI-VEST Contracts
accumulate on a Federal income tax-deferred basis, and at a future date you
can receive a stream of periodic payments, including a fixed or variable
annuity.
EQUI-VEST Personal Retirement Programs include individual retirement
annuities (IRAS) and those established through rollovers from tax-favored
retirement plans (QP IRAS) as well as non-qualified annuities (NQS).
EQUI-VEST Employer Sponsored Retirement Programs include SEPs, TSAs, EDCs,
Trusteed and Annuitant-Owned HR-10 Plans, as described in this prospectus.
MOMENTUM Employer-Sponsored Retirement Plans include 401(a) and 401(k) plans
as described in this prospectus. Employers sponsoring such plans and trustees
of such plans (PLAN TRUSTEES) can participate in MOMENTUM through the
MOMENTUM Program. The MOMENTUM Program consists of a defined contribution
master plan and trust sponsored by Equitable Life (the MASTER PLAN AND TRUST)
or, for Employers who prefer to use their own individually-designed or a
prototype defined contribution plan, a pooled trust (the POOLED TRUST).
EQUI-VEST offers the investment options (INVESTMENT OPTIONS) listed below.
MOMENTUM offers the Investment Options listed below except the Fixed Maturity
Periods. These Investment Options include the Guaranteed Interest Account,
which is part of Equitable Life's general account and pays interest at
guaranteed fixed rates, and thirteen variable investment funds (INVESTMENT
FUNDS) of Separate Account A (SEPARATE ACCOUNT). Each Fixed Maturity Period
(FIXED MATURITY PERIOD) in the Fixed Maturity Account is available only under
EQUI-VEST (in states where approved).
<TABLE>
<CAPTION>
OTHER
INVESTMENT FUNDS INVESTMENT OPTIONS
- ----------------------------------------------------- --------------------
<S> <C> <C> <C>
o Money Market o Growth & Income Asset Allocation o Guaranteed Interest
Series: Account
o Intermediate o Equity Index o Conservative o Fixed Maturity
Government Investors Periods with
Securities o Common Stock o Balanced Expiration Dates
o Quality Bond o Global o Growth 1996 through 2006
o International Investors
o High Yield o Aggressive
Stock
</TABLE>
We invest each Investment Fund in shares of a corresponding portfolio
(PORTFOLIO) of The Hudson River Trust (TRUST), a mutual fund whose shares are
purchased by the separate accounts of insurance companies. The prospectus for
the Trust, directly following this prospectus, describes the investment
objectives, policies and risks of the Portfolios.
Amounts allocated to a Fixed Maturity Period accumulate on a fixed basis and
are credited with interest at a rate we set (RATE TO MATURITY) for the entire
period. On each business day (BUSINESS DAY) we will determine the Rate to
Maturity available for amounts newly allocated to Fixed Maturity Periods. A
market value adjustment (positive or negative) will be made for withdrawals,
transfers, terminations and certain other transactions from a Fixed Maturity
Period before its expiration date (EXPIRATION DATE). Each Fixed Maturity
Period has its own Rates to Maturity.
Participants may choose from a variety of payout options. If an annuity is
selected as the retirement payout option, variable and fixed annuities are
available. Fixed annuities are funded through Equitable Life's general
account. Variable payments will be funded through your choice of Investment
Funds.
This prospectus provides information about EQUI-VEST and MOMENTUM that
prospective investors should know before investing. You should read it
carefully and retain it for future reference. The prospectus is not valid
unless it is attached to a current prospectus for the Trust, which you should
also read carefully.
Registration statements relating to the Separate Account and to interests
under the Fixed Maturity Periods have been filed with the Securities and
Exchange Commission (SEC). The statement of additional information (SAI),
dated May 1, 1996, which is part of the registration statement for the
Separate Account, is available free of charge upon request by writing to the
Processing Office or calling 1-800-628-6673 for EQUI-VEST, or 1-800-528-0204
for MOMENTUM, our toll-free numbers. The SAI has been incorporated by
reference into this prospectus. The Table of Contents for the SAI appears at
the back of this prospectus.
THESE SECURITIES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SECURITIES AND
EXCHANGE COMMISSION NOR HAS THE COMMISSION PASSED UPON THE ACCURACY OR
ADEQUACY OF THIS PROSPECTUS. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL
OFFENSE.
THE CONTRACTS ARE NOT INSURED BY THE FDIC OR ANY OTHER AGENCY. THEY ARE NOT
DEPOSITS OR OTHER OBLIGATIONS OF ANY BANK AND ARE NOT BANK GUARANTEED. THEY
ARE SUBJECT TO INVESTMENT RISKS AND POSSIBLE LOSS OF PRINCIPAL INVESTED.
May 1, 1996 888-1107
Copyright 1996
The Equitable Life Assurance Society of the United States,
New York, New York, 10019.
All rights reserved.
<PAGE>
INCORPORATION OF CERTAIN DOCUMENTS BY REFERENCE
Equitable Life's Annual Report on Form 10-K for the year ended December
31, 1995 is incorporated herein by reference.
All documents or reports filed by Equitable Life pursuant to Section
13(a), 13(c), 14 or 15(d) of the Securities Exchange Act of 1934 (EXCHANGE
ACT) after the date hereof and prior to the termination of the offering of
the securities offered hereby shall be deemed to be incorporated by reference
in this prospectus and to be a part hereof from the date of filing of such
documents. Any statement contained in a document incorporated or deemed to be
incorporated herein by reference shall be deemed to be modified or superseded
for purposes of this prospectus to the extent that a statement contained
herein or in any other subsequently filed document which also is or is deemed
to be incorporated by reference herein modifies or supersedes such statement.
Any such statement so modified or superseded shall not be deemed, except as
so modified and superseded, to constitute a part of this prospectus.
Equitable Life will provide without charge to each person to whom this
prospectus is delivered, upon the written or oral request of such person, a
copy of any or all of the foregoing documents incorporated herein by
reference (other than exhibits not specifically incorporated by reference
into the text of such documents). Requests for such documents should be
directed to The Equitable Life Assurance Society of the United States, 787
Seventh Avenue, New York, New York 10019. Attention: Corporate Secretary
(telephone: (212) 554-1234).
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PROSPECTUS TABLE OF CONTENTS
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GENERAL TERMS PAGE 5
PART 1:SUMMARY PAGE 8
Equitable Life 8
Types of Retirement Programs 8
Investment Options 9
Selecting Investment Options 9
Contributions 10
Transfers 10
Services We Provide 10
Distribution Options and Death Benefits 12
SPDA Variable Distribution Option 12
Withdrawals and Termination 12
Loans 13
Taxes 13
Deductions and Charges 13
Deferred Variable Annuities 14
10-Day Free Look for EQUI-VEST 14
Fee Tables and Examples 15
PART 2: SEPARATE ACCOUNT A AND
ITS INVESTMENT FUNDS PAGE 24
Separate Account A 24
The Hudson River Trust 24
The Trust's Investment Adviser 25
Investment Policies and Objectives of the
Trust's Portfolios 25
PART 3: INVESTMENT PERFORMANCE PAGE 27
Investment Fund Performance 27
PART 4: THE GUARANTEED INTEREST ACCOUNT PAGE 36
PART 5: THE EQUI-VEST FIXED MATURITY ACCOUNT PAGE 37
PART 6: PROVISIONS OF THE EQUI-VEST CONTRACTS PAGE 40
The EQUI-VEST Contract Series 40
Selecting Investment Options 40
Contributions Under the Contracts 40
Annuity Account Value 42
Transfers 43
Automatic Transfer Options Investment
Simplifier 44
Loans (for TSA and Corporate Trusteed
only) 44
Assignment and Funding Changes 45
Partial Withdrawals and Termination 45
Third Party Transfers or Exchanges 46
Requirements for Distributions 46
Distribution Options 46
Guaranteed Death Benefit 49
Your Beneficiary 49
Proceeds 50
PART 7: PROVISIONS OF THE MOMENTUM
CONTRACT AND SERVICES WE PROVIDE PAGE 51
Understanding the MOMENTUM Program 51
Employer's Responsibilities 51
Adopting the MOMENTUM Program 52
The MOMENTUM Contract 52
Selecting Investment Options 52
Contributions 53
Retirement Account Value 53
Transfers 54
Investment Simplifier: Automatic Transfer
Options 55
Loans 55
Withdrawals and Termination 56
Forfeitures 56
Distribution Options 57
Annuity Distribution Options 57
Electing an Annuity Distribution Option 57
Minimum Distributions/Automatic
Minimum Withdrawal Over-Age 70 1/2 58
Death Benefit 58
Payment of Proceeds 59
Plan Recordkeeping Services 59
PART 8: DEDUCTIONS AND CHARGES PAGE 61
All Contracts 61
Trust Charges to Portfolios 61
Charges for State Premium and Other
Applicable Taxes 61
EQUI-VEST IRA, QP IRA, SEP and NQ
Contracts (Series 300 and 400 only) 61
Charges to Investment Funds 61
Annual Administrative Charge 62
Contingent Withdrawal Charge 62
Allocation of Certain Charges to the
Fixed Maturity Account 64
Charge on Third Party Transfer or
Exchange 64
All EQUI-VEST EDC, TSA and Trusteed
Contracts plus IRA, QP IRA, SEP and NQ
(Series 100 and 200 only) 65
Limitation on Charges 65
Charges to Investment Funds 65
Annual Administrative Charge 65
Contingent Withdrawal Charge 66
MOMENTUM Contract 68
Limitation on Charges 68
Charges to Investment Funds 68
Quarterly Administrative Charge 69
Charge for Plan Recordkeeping Services 69
Contingent Withdrawal Charge 69
Plan Loan Charges 70
Special Circumstances 71
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PART 9:VOTING RIGHTS PAGE 72
PART 10:FEDERAL TAX AND
ERISA MATTERS PAGE 73
Annuities 73
Taxation of Non-Qualified
Annuities--EQUI-VEST Only 73
Special Rules for Tax Favored Retirement
Programs 74
Tax-Qualified Retirement Plans
("Qualified Plans") 74
Tax Sheltered Annuity (TSAs) Arrangements 74
Distributions from Qualified Plans and
TSAs 75
Tax-Qualified Individual Retirement
Arrangements (IRSs) 77
Annuity Account Values and Cash Values
(Tables) 83
Simplified Employee Pensions (SEPs) 84
Public and Tax-Exempt Organization
Employee Deferred Compensation Plans
(EDC Plans) 84
Penalty Tax on Early Distributions 85
Tax Penalties for Insufficient
Distributions 85
Federal and State Income Tax Withholding 85
Other Withholding 86
Special Rules for NQ and Trusteed
Contracts Issued in Puerto Rico 86
Impact of Taxes to Equitable Life 87
Transfer Among Investment Options 87
Tax Changes 87
ERISA Matters 87
Certain Rules Applicable to Plan Loans 87
Certain Rules Applicable to Plans
Designed to Comply with Section 404(c)
of ERISA 88
PART 11:INDEPENDENT ACCOUNTANTS PAGE 89
APPENDIX I: AN EXAMPLE OF EQUI-VEST
MARKET VALUE ADJUSTMENT PAGE 90
STATEMENT OF ADDITIONAL INFORMATION
TABLE OF CONTENTS PAGE 91
HOW TO OBTAIN THE EQUI-VEST AND MOMENTUM
STATEMENT OF ADDITIONAL INFORMATION PAGE 91
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GENERAL TERMS
- -----------------------------------------------------------------------------
In this prospectus, the terms "we," "our" and "us" mean The Equitable Life
Assurance Society of the United States (EQUITABLE LIFE). The terms "you" and
"your" refer to the Contract Owner for EQUI-VEST and either the Employer,
Trustee or the Participant as indicated for MOMENTUM. Some of the terms
described below may be called different names under EQUI-VEST and MOMENTUM.
We have indicated those differences in the following descriptions and in
those instances where the term is applicable only to EQUI-VEST the symbol EV
will be used and in those instances where it is applicable only to MOMENTUM
the symbol M will be used.
ACCUMULATION UNIT--Contributions that are invested in an Investment Fund
purchase Accumulation Units in that Investment Fund. The "Accumulation Unit
Value" is the dollar value of each Accumulation Unit in an Investment Fund on
a given date.
ACTIVE LOAN-M-The principal amount of any Participant plan loan that has
neither been repaid nor deemed distributed under Section 72(p) of the Code.
ANNUITANT/PARTICIPANT--EV--We use the term Annuitant in our Contracts and in
our Certificates we use the term Participant. In either case, these terms
mean the individual who is the measuring life for determining annuity
benefits and generally the person who is entitled to receive those benefits.
The person may, in certain cases, not be the Contract or Certificate Owner.
The Annuitant or Participant will have the right to exercise rights under a
Contract or Certificate only if that person is also the Contract or
Certificate Owner. Throughout this prospectus, we will use the term
"Annuitant" to refer to both Annuitants and Participants.
ANNUITY ACCOUNT VALUE--EV--The sum of the amounts in the Investment Options
under your Contract, plus the amount of any loan reserve account (including
accrued interest). The sum of the amounts in the Investment Options on any
Business Day equals (1) the value of your Investment Funds on that date, (2)
the value in the Guaranteed Interest Account on that date plus (3) the sum of
your Market Adjusted Amounts in the Fixed Maturity Periods on that date. See
"Annuity Account Value" in Part 6.
BUSINESS DAY--Generally, our Business Day is any day on which Equitable Life
is open and the New York Stock Exchange is open for trading. We are closed on
national business holidays and also on Martin Luther King, Jr. Day and the
Friday after Thanksgiving. Additionally, we may choose to close on the day
immediately preceding or following a national business holiday or due to
emergency conditions. For the purpose of determining the Transaction Date,
our Business Day ends at 4:00 p.m. Eastern Time or the closing of the New
York Stock Exchange, if earlier.
CASH VALUE--EV--The Annuity Account Value minus any applicable withdrawal
charges and minus any outstanding loan (including accrued interest).
CASH VALUE--M--The Retirement Account Value minus any applicable withdrawal
charges.
CODE--The Internal Revenue Code of 1986, as amended.
CONTRACT/CERTIFICATE--EV--When EQUI-VEST is offered under a group Contract, the
document provided to participating individuals is called a Certificate rather
than a Contract. When EQUI-VEST is offered on an individual basis, the
document provided is a Contract. Throughout this prospectus, we will use the
term "Contract" to refer to both Contracts and Certificates.
CONTRACT DATE/PARTICIPATION DATE--EV--We use the term Contract Date in our
Contracts and in our Certificates we use the term Participation Date. In
either case, this is the Business Day we receive at our Processing Office,
the properly completed and signed application form for your Contract, any
other required documentation and a contribution (unless payment is being made
through your employer). Throughout this prospectus, we will use the term
"Contract Date" to refer to both the Contract Date and Participation Date.
CONTRACT OWNER/CERTIFICATE OWNER--EV--The Annuitant, employer, trustee or other
party, whichever owns the Contract or Certificate. References to "Contracts"
and "Contract Owners" in this prospectus include the Certificates and their
Certificate Owners. Throughout this prospectus, we will use the term
"Contract Owner" to refer to both the Contract Owner and Certificate Owner.
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<PAGE>
CONTRACT YEAR/PARTICIPATION YEAR--EV--We use the term Contract Year in our
Contracts and in our Certificates we use the term Participation Year. In
either case, this is the 12-month period beginning on either your Contract
Date or each anniversary of that date. Throughout this prospectus, we will
use the term "Contract Year" to refer to both Contract Year and Participation
Year.
CURRENT TOTAL ACCOUNT BALANCE--EV--The sum of the amounts in your Investment
Funds and your Guaranteed Interest Account, plus the total Book Value of all
of your Fixed Maturity Periods.
DEFAULT OPTION--M--The Money Market Fund, if that Fund is selected by the
Employer or Plan Trustee as a funding option under the plan. Otherwise, the
Guaranteed Interest Account. For Original Certificates, the Guaranteed
Interest Account is the Default Option.
EMPLOYER--M--An employer who has sponsored a defined contribution plan that
participates in the MOMENTUM Program through either the Master Plan and Trust
or the Pooled Trust.
ERISA--The Employee Retirement Income Securities Act of 1974, as amended.
EXPIRATION DATE--EV--The date on which a Fixed Maturity Period ends.
FIXED MATURITY ACCOUNT--EV--The Account that contains the Fixed Maturity
Periods. The Fixed Maturity Account is referred to as the "Guaranteed Period
Account" in the Contracts.
FIXED MATURITY PERIOD (PERIODS)--EV--Any of the periods of time ending on an
Expiration Date that are available for investment under the Series 400
Contracts. Fixed Maturity Periods are referred to as "Guarantee Periods" in
the Contracts.
GUARANTEED INTEREST ACCOUNT--The Investment Option that pays interest at
guaranteed fixed rates and is part of our general account. The Guaranteed
Interest Account is referred to as "Guaranteed Interest Division" in some
EQUI-VEST Certificates.
INVESTMENT FUNDS--In some EQUI-VEST contracts and in the MOMENTUM Contract,
the Investment Funds are referred to as Investment Divisions. For EQUI-VEST
we use the term Investment Funds in our Contracts, and in our Certificates we
use the term Investment Divisions. These are the thirteen variable investment
funds of the Separate Account. Throughout this prospectus, we will use the
term "Investment Funds" to refer to both Investment Funds and Investment
Divisions.
INVESTMENT OPTIONS--The choices for investment of contributions: the thirteen
Investment Funds, the Guaranteed Interest Account, and for EQUI-VEST, each
available Fixed Maturity Period.
MASTER PLAN AND TRUST--M--A defined contribution master plan and trust
sponsored by Equitable Life.
MATURITY AMOUNT--EV--The amount in a Fixed Maturity Period on its Expiration
Date. The Maturity Amount is referred to as the "Maturity Value" in the
Contracts.
MAXIMUM FUND CHOICE--EV--One of two methods for selecting Investment
Options--Allows the Contract Owner to allocate contributions to any
Investment Fund, the Guaranteed Interest Account and (for Owners of Series
400 Contracts only) the Fixed Maturity Account. This election will result in
restrictions in the amount you can transfer out of the Guaranteed Interest
Account.
MAXIMUM TRANSFER FLEXIBILITY--EV--One of two methods for selecting Investment
Options--Allows the Contract Owner to allocate contributions to the Balanced,
Growth & Income, Equity Index, Common Stock, Global, International,
Aggressive Stock and Growth Investors Funds only and to the Guaranteed
Interest Account, with no transfer restrictions in the amount you can
transfer out of the Guaranteed Interest Account.
ORIGINAL CONTRACTS/CERTIFICATES--EQUI-VEST Contracts and MOMENTUM
Certificates under which the EQUI-VEST Contract Owner or the MOMENTUM
Employer has not elected to add Intermediate Government Securities, Quality
Bond, High Yield, Growth & Income, Equity Index, Global, International,
Conservative Investors and Growth Investors Investment Funds as Investment
Options. These Contracts/Certificates:
o permit investment in only the Guaranteed Interest Account and the Money
Market, Balanced, Common Stock and Aggressive Stock Funds and
o prohibit transfers into the Money Market Fund.
PARTICIPANT--An individual who participates in an Employer's plan funded by
either an EQUI-VEST or the MOMENTUM Contract.
PARTICIPATION DATE--M--The Business Day we receive your properly completed and
signed enrollment form at our Processing Office or the date we receive the
first contribution made on your behalf, if earlier. For Participants in plans
that converted to MOMENTUM from our EQUI-VEST Corporate Trusteed Contract,
the Participation Date is the same Participation Date as in the EQUI-VEST
Corporate
6
<PAGE>
Trusteed Certificate relating to that Participant. If more than one EQUI-VEST
Corporate Trusteed Certificate is in force with respect to a Participant,
then the Participation Date will be the earliest Participation Date.
PARTICIPATION YEAR--M--The 12-month period beginning on either your
Participation Date or each anniversary of that date.
PLAN TRUSTEE--M--A trustee or trustees for an Employer's individually-designed
or prototype defined contribution plan.
POOLED TRUST--M--The Pooled Trust for Members Retirement Plans of The Equitable
Life Assurance Society of the United States.
PORTFOLIOS--The portfolios of the Hudson River Trust that correspond to the
Investment Funds of the Separate Account.
PROCESSING OFFICE--The office to which all contributions, written requests or
other written communications must be sent. See "Services We Provide" in Part 1.
RATE TO MATURITY--EV--The interest rate established for each Business Day for
each Fixed Maturity Period. Rates to Maturity are referred to as "Guaranteed
Rates" in the Contracts.
RETIREMENT ACCOUNT VALUE--M--The sum of the amounts that a Participant has in
the Investment Options under the MOMENTUM Contract.
SAI--The EQUI-VEST and MOMENTUM Statement of Additional Information.
SEPARATE ACCOUNT--Our Separate Account A.
SOURCE--M--The source of a contribution. There are six potential sources: (i)
employer, (ii) post-tax, (iii) prior plan, (iv) qualified non-elective and
qualified matching, (v) salary deferral, and (vi) matching contributions. A
detailed description of these Sources is contained in the SAI.
SUCCESSOR ANNUITANT AND OWNER--EV--The individual who upon the death of the
Annuitant and Owner succeeds as the Annuitant and Owner of the Contract. You
can designate a Successor Annuitant and Owner under Series 300 and 400
Contracts if the following conditions are met: (1) you are both Annuitant and
Owner and (2) you name your spouse as the sole beneficiary.
SUCCESSOR OWNER--EV--The individual who upon your death will succeed you as
Owner of your Contract. A Successor Owner can be designated under Series 300
and 400 Contracts.
TRANSACTION DATE--The Business Day we receive a contribution or acceptable
written or telephone transaction request providing the information we need at
our Processing Office. If your contribution or request is not accompanied by
complete information or is mailed to the wrong address, the Transaction Date
will be the date we receive such complete information at our Processing
Office. If your contribution or request reaches our Processing Office on a
non-Business Day, or after the close of the Business Day, the Transaction
Date will be the next following Business Day--unless under certain
circumstances, a future date certain is specified in the request.
THE TRUST--The Hudson River Trust, a mutual fund in which the assets of
Separate Account A are invested.
VALUATION PERIOD--Each Business Day together with any consecutive preceding
non-Business Day(s).
7
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PART 1: SUMMARY
- ------------------------------------------------------------------------------
The following Summary is qualified in its entirety by more detailed
information appearing elsewhere in the prospectus (see "Prospectus Table of
Contents" on page 3) and the terms of applicable Contracts. Please be sure to
read the prospectus in its entirety.
EQUITABLE LIFE
EQUITABLE LIFE is a New York stock life insurance company that has been in
business since 1859. For more than 100 years we have been among the largest
life insurance companies in the United States. Equitable Life has been
selling annuities since the turn of the century. Our Home Office is located
at 787 Seventh Avenue, New York, New York 10019. We are authorized to sell
life insurance and annuities in all fifty states, the District of Columbia,
Puerto Rico and the Virgin Islands. We maintain local offices throughout the
United States.
Equitable Life is a wholly-owned subsidiary of The Equitable Companies
Incorporated (the "Holding Company"). The largest stockholder of the Holding
Company is AXA S.A. AXA beneficially owns 60.6% of the outstanding shares of
common stock of the Holding Company plus convertible preferred stock. Under
its investment arrangements with Equitable Life and the Holding Company, AXA
is able to exercise significant influence over the operations and capital
structure of the Holding Company and its subsidiaries, including Equitable
Life. AXA, a French company, is the holding company for an international
group of insurance and related financial service companies.
Equitable Life, the Holding Company and their subsidiaries managed
approximately $195.3 billion of assets as of December 31, 1995, including
third party assets of approximately $144.4 billion. We are one of the
nation's leading pension fund managers. These assets are primarily managed
for retirement and annuity programs for businesses, tax-exempt organizations
and individuals. This broad customer base includes nearly half the Fortune
100, more than 42,000 small businesses, state and local retirement funds in
more than half the 50 states, approximately 250,000 employees of educational
and non- profit institutions, as well as nearly 500,000 individuals. Millions
of Americans are covered by Equitable Life's annuity, life and pension
contracts.
TYPES OF RETIREMENT PROGRAMS
EQUI-VEST and MOMENTUM are designed to meet the retirement savings needs of
individuals and those working for businesses and other organizations.
EQUI-VEST PERSONAL RETIREMENT PROGRAMS:
o IRA
An individual retirement annuity (IRA) for both deductible and
non-deductible IRA contributions made by an individual. The Contract
Owner must also be the Annuitant.
o QP IRA
An IRA for rollover distributions only (QP IRA) (generally from
qualified plans or tax-sheltered annuities). The Contract Owner must
also be the Annuitant. References to IRA may include QP IRA.
o NQ
An annuity generally for after-tax or non-qualified (NQ) dollars
contributed by or on behalf of an individual. The Annuitant and Contract
Owner need not be the same.
EQUI-VEST EMPLOYER SPONSORED RETIREMENT PROGRAMS:
o SEP and SARSEP
An IRA Contract used to fund a simplified employee pension plan (SEP)
sponsored by sole proprietorships, partnerships or corporations.
Contributions are made directly by the employer, at the employer's
expense or under a salary reduction program (SARSEP) which permits an
employer to reduce an employee's compensation for the purpose of making
contributions. Each individual employee covered by the SEP is the
Contract Owner of the IRA set up on his or her behalf and must also be
the Annuitant. Unless otherwise noted, all references to SEP Contracts
include SARSEP arrangements.
o UNINCORPORATED TRUSTEED
Trustee-owned Contracts used to fund qualified defined contribution
plans of employers who are sole proprietorships, partnerships or
business trusts. These plans are known as "HR-10" or "Keogh" plans.
Contributions are made by the employer for the benefit of employees who
become Annuitants under the Contract. We do not act as trustee for these
plans, so the employer must select a trustee.
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o TSA
A Code section 403(b) tax-sheltered annuity (TSA) for public schools and
nonprofit entities organized under Code section 501(c)(3). Contributions
are made by the employer either directly or through a salary reduction
agreement entered into with the employee. Each employee is the Contract
Owner and must also be the Annuitant.
O UNIVERSITY TSA
A TSA, originally designed to meet the needs of restricted plans of some
universities, may be used for any TSA plan that prohibits loans and has
additional restrictions not found in the basic TSA. Contributions are
made by the employer either directly or through a salary reduction
agreement entered into with the employee. Each employee is the Contract
Owner and must also be the Annuitant. Unless otherwise noted, references
to TSA Contracts include University TSAs.
o EDC
Contracts used to fund Code section 457 employee deferred compensation
(EDC) plans of state and municipal governments and other tax-exempt
organizations. Contributions are made by the employer on behalf of the
employee generally pursuant to a salary reduction agreement. The
employer is the Contract Owner but the employee is the Annuitant. The
EDC program currently is not available for state or municipal government
plans in Texas.
o PAYROLL DEDUCTION IRA AND NQ
Contributions are remitted by the employer on behalf of the employee
through a payroll deduction program.
In the past, EQUI-VEST was available to fund (i) Corporate Trusteed plans
where the employer was a corporation, and (ii) HR-10 (Keogh) plans where the
Contracts were owned by the Annuitants themselves (Annuitant-Owned HR-10),
rather than by a trustee. Although we still issue such Corporate Trusteed and
Annuitant-Owned HR-10 Contracts to employees whose employer's plans enrolled
on this basis, plans of this type are no longer available under EQUI- VEST to
new employer groups. New employers will be offered our MOMENTUM Program.
Later in this prospectus we refer to program features which are specific to
particular types of retirement programs. Under some employer-sponsored plans,
the availability of certain features may be limited. Employers can provide
more detail about such plans.
Only NQ and Trusteed Contracts may be sold in Puerto Rico.
THE MOMENTUM PROGRAM:
o POOLED TRUST
A funding vehicle used in connection with an Employer's qualified
defined contribution plan and trust.
o MASTER TRUST
A funding vehicle used in connection only with the Master Plan, an
IRS-approved master defined contribution plan, in which case the Master
Trust will be the sole funding vehicle for the Employer's plan.
The Employer or Plan Trustee, as applicable, is responsible for determining
whether the MOMENTUM Contract is a suitable funding vehicle for its defined
contribution plan and should, therefore, carefully read this prospectus and
the MOMENTUM Contract before entering into the contract.
INVESTMENT OPTIONS
The following Investment Options are offered: The Guaranteed Interest
Account, and thirteen Investment Funds (Money Market, Intermediate Government
Securities, Quality Bond, High Yield, Growth & Income, Equity Index, Common
Stock, Global, International, Aggressive Stock and the Asset Allocation
Series: Conservative Investors, Balanced and Growth Investors). Each
Investment Fund invests in shares of a corresponding Portfolio of the Trust.
The attached Trust prospectus describes the investment objectives and
policies of the Portfolios available to Contract Owners. Also, for EQUI-VEST
only, subject to state regulatory approval, Fixed Maturity Periods are
available under Series 400 Contracts.
If an employer's plan is intended to comply with the requirements of ERISA
Section 404(c), the Employer or the Plan Trustee is responsible for making
sure that the Investment Options chosen constitute a broad range of
investment choices as required by the Department of Labor's (DOL) regulation
under ERISA Section 404(c). See "Certain Rules Applicable to Plans Designed
to Comply with Section 404(c) of ERISA" in Part 10.
Educational information about investing which may be useful for Participants
is contained in "Part 13: Key Factors in Retirement Planning" in the SAI. The
SAI is available free of charge by calling (EQUI-VEST) 1-800-628-6673 or
(MOMENTUM) 1-800-528-0204.
SELECTING INVESTMENT OPTIONS
Under EQUI-VEST Trusteed Contracts and under the MOMENTUM Program, the
Employer or Plan Trustee will choose the investment options available
9
<PAGE>
to the Participant. Under all other Contracts, the Contract Owner makes that
choice. If any of the Options listed below are selected, there will be
restrictions on the amount you can transfer out of the Guaranteed Interest
Account. Additionally, if you are participating through your Employer's plan
and your employer makes any of these Options available to you, whether or not
you select them, you will be subject to such restrictions. The Options that
result in restrictions are: Conservative Investors, Money Market,
Intermediate Government Securities, Quality Bond, High Yield and, for
EQUI-VEST, the Fixed Maturity Periods.
EQUI-VEST and MOMENTUM Original Contracts and Certificates limit you to only
the Guaranteed Interest Account and the Money Market, Balanced, Common Stock
and Aggressive Stock Funds.
CONTRIBUTIONS
Generally, for EQUI-VEST, contributions may be made at any time: in single
sum amounts, on a regular basis or as your financial situation permits. For
some types of retirement plans, contributions must be made by the employer.
Different minimum contribution limits apply to different EQUI-VEST Contracts.
MOMENTUM contributions may be made at any time and may be made only by the
Employer or Plan Trustee by either wire transfer or check. Participants
should not send contributions directly to Equitable Life. There is no minimum
contribution.
MOMENTUM and EQUI-VEST contributions are credited as of the Transaction Date,
if they are accompanied by properly completed forms. Failure to use the
proper form, or to complete the form properly, may result in a delay in
crediting contributions. All contributions made by check must be drawn on a
bank in the U.S., in U.S. dollars and made payable to Equitable Life. All
checks are accepted subject to collection. Under the MOMENTUM Program and
EQUI-VEST Trusteed Contracts, either you or the Plan Trustee, or both, as
applicable, must instruct us to allocate contributions to one or several
Investment Options that are available under your Employer's plan.
Under all other EQUI-VEST Contracts, you, as Owner, may instruct us to
allocate your contributions to one or several Investment Options.
Allocation percentages must be in whole numbers and the sum must equal 100%.
Contributions made to an Investment Fund purchase Accumulation Units in that
Investment Fund.
TRANSFERS
Under the MOMENTUM Program and EQUI-VEST Trusteed Contracts, either the
Participant or the Plan Trustee, or both as applicable, may direct us to
transfer among the investment options. Under other EQUI-VEST Contracts, you
may make such transfers. There is no charge for these transfers. If you have
an Original Contract, restrictions will apply to transfers into the Money
Market Fund from any of the other Investment Options. Minimum transfer
amounts may apply.
SERVICES WE PROVIDE
Your Equitable Life Agent can help you with any questions you have. In
addition, there are a number of services designed to keep you informed.
REGULAR REPORTS
We currently provide written confirmation of every financial transaction,
and:
o Annual statement
o Semi-annual statement of account
(MOMENTUM only)
o Statement as of the last day of the Contract Year (EQUI-VEST only)
We reserve the right to change the frequency of these reports.
ADDITIONAL SERVICES
Materials and seminars of an educational nature to assist retirement planning
needs of Participants can be arranged through your Equitable Life Agent. Your
Equitable Life Agent can also schedule retirement planning workshops to
facilitate plan enrollment periods.
TELEPHONE OPERATED
PLAN/POLICY SUPPORT (TOPS) SYSTEM
TOPS is designed to provide up-to-date information via touch-tone telephone.
TOPS is available under all EQUI-VEST Contracts, but in certain plans, the
use of TOPS may be limited by the plan provisions. Under MOMENTUM, TOPS is
available only if your Employer has elected this service. Use TOPS:
o for current Annuity or Retirement Account Value;
o for current allocation percentages;
o for the number of units held in the Investment Funds under your account;
or
o to change your allocation percentages and transfer money among the
Investment Funds and the Guaranteed Interest Account.
o to elect Investment Simplifier (EQUI-VEST only)
10
<PAGE>
A special code number is required to use TOPS. We have established procedures
that are considered to be reasonable and are designed to confirm that
instructions communicated by telephone are genuine. Such procedures include
requiring certain personal identification information prior to acting on
telephone instructions and providing written confirmation of instructions
communicated by telephone. If we do not employ reasonable procedures to
confirm that instructions communicated by telephone are genuine, we may be
liable for any losses arising out of any action on our part or any failure or
omission to act as a result of our own negligence, lack of good faith, or
willful misconduct. In light of the procedures established, we will not be
liable for following telephone instructions that we reasonably believe to be
genuine. We reserve the right to terminate or modify any telephone or
automated transfer/withdrawal service we provide upon 90 days written
notice.
A toll-free number is available, and local TOPS telephone numbers will be
provided. TOPS is available daily, 24 hours a day for EQUI-VEST and from 8:00
a.m. to 9:00 p.m. Eastern Time every Business Day for MOMENTUM. Transfers
made after 4:00 p.m. Eastern Time on a Business Day or on a non-Business Day
are not processed until the following Business Day.
TOLL-FREE TELEPHONE SERVICES
We maintain toll-free numbers for your convenience. See the charts below.
WRITTEN COMMUNICATION
All items received at the proper address prior to 4:00 p.m. Eastern Time on a
Business Day will be effective on the same Business Day. Written requests
will be processed as of the date a properly completed request is received at
our Processing Office.
WHERE TO REACH US
EQUI-VEST
<TABLE>
<CAPTION>
CONTRIBUTIONS:
FOR EDC, TSA, TRUSTEED,
FOR ALL WRITTEN REQUESTS CONTRIBUTIONS: ANNUITANT OWNED HR-10,
AND COMMUNICATIONS (OTHER FOR IRA & NQ OWNERS SEP AND LOAN REPAYMENTS:
THAN CONTRIBUTIONS AND WHO CONTRIBUTE IRA AND NQ WHEN CONTRIBUTIONS FOR TSA AND CORPORATE
LOAN REPAYMENTS INDIVIDUALLY ARE REMITTED BY THE EMPLOYER TRUSTEED LOAN REPAYMENTS
- ------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C> <C>
REGULAR Individual Annuity Center Equitable Life Equitable Life Equitable Life Loan
MAIL Equitable Life EQUI-VEST Individual EQUI-VEST Unit Annuity Repayment IAC
Lockbox
Post Office Box 2996 Annuity Collections Collections Post
Office Box 13496
New York, NY 10116-2996 Post Office Box 13459 Post Office Box 13463 Newark, NJ
07188-0496
Newark, NJ 07188-0459 Newark, NJ 07188-0463
EXPRESS Individual Annuity Center Equitable Life Equitable Life N/A
MAIL Equitable Life* c/o First Chicago c/o First Chicago National
2 Penn Plaza, 5th Floor National Processing Processing Center
New York, NY 10121 Center, 3rd Floor 300 Harmon Meadow
300 Harmon Meadow Boulevard, 3rd Floor
Secaucus, NJ 07094 Secaucus, NJ 07094
Attn: Box 13459 Attn: Box 13463
TOPS 1-800-755-7777
Note: Your subscriber number is 777700000
DAILY UNIT VALUE 1-800-841-0801
CUSTOMER SERVICE REPRESENTATIVES 1-800-628-6673
(AVAILABLE 8:30 A.M.-7:00 P.M, EASTERN
TIME, ON EACH BUSINESS DAY
</TABLE>
* Effective on or about July 1, 1996, Equitable intends to relocate this
office to 200 Plaza Drive, 2nd Floor, Secaucus, N.J. 07094.
11
<PAGE>
MOMENTUM
<TABLE>
<CAPTION>
FOR PAYMENTS (E.G., CONTRIBUTIONS, LOAN FOR ALL OTHER COMMUNICATIONS (E.G.,
PAYMENTS, ETC.) REQUESTS FOR TRANSFERS, WITHDRAWALS)
- ----------- -------------------------------------------- ---------------------------------------
<S> <C> <C>
REGULAR Equitable Life MOMENTUM Administrative MOMENTUM Administrative Services P.O.
MAIL Services P.O. Box 13629 Newark, NJ Box 2919 New York, NY 10116
07188-0629
EXPRESS First Chicago National Processing Center 300 MOMENTUM Administrative Services 200
MAIL Harmon Meadow Boulevard, 3rd Floor Secaucus, Plaza Drive Harmon Meadow Secaucus, NJ
NJ 07094 Attention: MOMENTUM 13629 07094
TOPS----------------------------------------------1-800-821-7777---------------------------------------------
Note: Your subscriber number is 66644. For Original Certificates, the subscriber number is 66633.
DAILY UNIT VALUE-----------------------------------Call TOPS or Telephone Consultants------------------------
TELEPHONE CONSULTANTS------------------------------1-800-528-0204-------------------------------------------
(AVAILABLE 8:30 A.M.-7:00 P.M.,
EASTERN TIME, ON EACH BUSINESS DAY)
- --------------------------------------------------------------------------------------------------
</TABLE>
DISTRIBUTION OPTIONS AND
DEATH BENEFITS
Not all of the options described below may be available to MOMENTUM
Participants. The selection of options depends on the terms of each Employer
plan. EQUI-VEST Contracts and the MOMENTUM Program provide several different
types of distribution options, including:
o fixed and variable annuities;
o lump sum payments;
o partial withdrawals;
o required minimum distributions;
o payments for a specific period of time.
o our Systematic Withdrawal option under EQUI-VEST (not available for
amounts allocated to the Fixed Maturity Account);
Under EQUI-VEST, there is a death benefit if the Annuitant dies before an
annuity payout begins. The beneficiary will be paid the greater of the
Annuity Account Value minus any outstanding loan balance (including accrued
interest) or the minimum death benefit. Under MOMENTUM, if a participant dies
before distributions begin, the MOMENTUM Contract provides a death benefit.
The beneficiary will be paid the greater of the Participant's Retirement
Account Value or the minimum death benefit. The minimum death benefit will
not be less than the total contributions adjusted for total withdrawals and
any applicable taxes, and, for EQUI-VEST, less any outstanding loan balance
(including accrued interest).
SPDA VARIABLE DISTRIBUTION OPTION
In addition to offering a variable annuity distri-bution option to
participants in EQUI-VEST and MOMENTUM, we also make the variable annuity
distribution option described in Part 6 under "Distribution Options: Fixed
and Variable Annuity Forms" available to owners of Equitable Life's single
premium deferred annuity (SPDA) contracts. SPDA contractholders who are
considering purchasing a variable distribution option should review the
section on Distribution Options in Part 6, "Part 2: Separate Account A and
its Investment Funds," "Part 3: Investment Performance," the Hudson River
Trust prospectus (beginning after page 91 of this prospectus) and the
sections of the Statement of Additional Information which discuss the
variable annuity distribution option.
WITHDRAWALS AND TERMINATION
Premature withdrawals or contract terminations (generally prior to age
59 1/2), may be restricted and subject to an early withdrawal Federal income tax
penalty. See "Part 10: Federal Tax and ERISA Matters."
Subject to income tax rules and the provisions of any applicable employer
plan, you may withdraw funds at any time by completing and submitting a
proper form. This form is available from your Agent or from our Processing
Office. Withdrawals may be subject to a minimum amount or to a contingent
withdrawal charge. Under EQUI-VEST, withdrawals from Fixed Maturity Periods
prior to their Expiration Dates will result in a market value adjustment.
The MOMENTUM Contract also permits the Employer or Plan Trustee to terminate
the Employer's plan's participation under the Contract at any time. Equitable
Life has also reserved the right to terminate the Contract if we learn that
the Employer's plan fails to qualify under the Code or if the Employer fails
to provide the Participant information necessary to administer the Contract.
Withdrawals due to plan termination may also result in a contingent
withdrawal charge.
12
<PAGE>
LOANS
The MOMENTUM Contract permits your Employer to withdraw funds from your
Retirement Account Value, without incurring a contingent withdrawal charge,
in order to make a loan to a Participant under the Employer's plan. See
"Loans" in Part 7 for a description of loan procedures and rules and
"Deductions and Charges" in Part 8 for a description of charges associated
with plan loans.
A plan loan under the MOMENTUM Program will be in default if the amount of
any scheduled repayment is not received by us within 90 days of its due date,
or if the Participant dies or participation under the MOMENTUM Contract is
terminated. We will then treat the outstanding loan principal as a withdrawal
subject to the contingent withdrawal charge.
Certain EQUI-VEST Contracts also permit loans without incurring a contingent
withdrawal charge on undefaulted loan amounts. Such loans will be
administered in accordance with proposed regulations, if applicable. See
"Loans" in Part 6 for more information.
TAXES
Generally, any earnings attributable to your Annuity Account Value or to your
Retirement Account Value will not be included in your taxable income until
distributions are made. See "Part 10: Federal Tax and ERISA Matters."
DEDUCTIONS AND CHARGES
Keep in mind that these programs are designed for retirement savings and
long-range financial planning; certain charges will not apply unless you make
early withdrawals from your Contract.
Following is a summary of the different types of deductions and charges which
may be applicable.
O CHARGE TO INVESTMENT FUNDS--We make a daily charge for certain expenses
of the Contract. It covers death benefits, mortality risks, expenses and
expense risks. The daily Accumulation Unit Value is quoted net of these
charges. These charges will vary by Contract, and are at a maximum of
1.35% (effective annual rate) for the Intermediate Government
Securities, Quality Bond, High Yield, Growth & Income, Equity Index,
Global, International, Aggressive Stock, Conservative Investors and
Growth Investors Funds and 1.49% (effective annual rate) for the Money
Market, Common Stock and Balanced Funds. Further, EQUI-VEST Series 100
and 200 Contracts and the MOMENTUM Contract impose an overall limit of
1.75% on total Separate Account and Trust expenses for the Money Market,
Common Stock, Aggressive Stock and Balanced Funds.
O TRUST CHARGES TO PORTFOLIOS--Investment advisory fees and other expenses
of the Trust are charged daily against the Trust's assets. These charges
are reflected in the Portfolio's daily share price and in the daily
Accumulation Unit Value for the Investment Funds.
O ADMINISTRATIVE CHARGES--The administrative charge is currently at a
maximum of $30 a year but may be less under different contracts.
For EQUI-VEST, the charge is deducted each Contract Year from your
Annuity Account Value in the Guaranteed Interest Account and Investment
Funds and, in certain cases, from the Fixed Maturity Periods.
For MOMENTUM, the charge is deducted pro rata from your Retirement
Account Value on the last Business Day of each calendar quarter. Under
most contracts, we reserve the right to increase this charge if our
administrative costs increase. Employers under the MOMENTUM Contract
have the option of being billed directly for this charge.
O CHARGES FOR STATE PREMIUM AND OTHER APPLICABLE TAXES--Generally, charges
for state premium taxes and other applicable taxes, if any, are deducted
when an annuity payment option is elected. The current tax charge that
might be imposed varies by state and ranges from 0% to 3.5%; however,
the rate is 1% in Puerto Rico and 5% in the Virgin Islands.
O CONTINGENT WITHDRAWAL CHARGE--If you terminate your participation under
a contract or make a partial withdrawal, your Annuity Account Value or
Retirement Account Value, as applicable, may be subject to a contingent
withdrawal charge that will be used to cover sales and promotional
expenses. This charge will not exceed 6% of the amount withdrawn. The
amount withdrawn includes the amount you request and the withdrawal
charge. Important exceptions and limitations eliminate or reduce the
contingent withdrawal charge.
O CHARGE ON THIRD PARTY TRANSFER OR EXCHANGE UNDER EQUI-VEST
CONTRACTS--You may instruct us to make a direct transfer to a third
party of amounts under your Contract, or request that your Contract be
exchanged for another contract or certificate issued by another carrier.
Certain Contracts permit us to deduct a charge of $25 per occurrence for
such transfers or exchanges.
13
<PAGE>
O PLAN LOAN CHARGES UNDER MOMENTUM Program--A $25 set-up fee will be
deducted from your Retirement Account Value at the time a plan loan is
made. Also, we will deduct a loan recordkeeping fee of $6 from your
Retirement Account Value on the last Business Day of each calendar
quarter if there is an Active Loan on that date. We reserve the right to
increase these administrative charges if our costs increase. Your
Employer may elect to pay these fees. See "Plan Loan Charges" in Part 8.
O CHARGE FOR PLAN RECORDKEEPING SERVIES UNDER MOMENTUM Program--Equitable
Life offers two plan recordkeeping options, one of which must be elected
for each plan. The annual charge for basic recordkeeping is $300 per
plan and is billed directly to the Employer. The full service
recordkeeping option is available only for plans that satisfy Equitable
Life's underwriting requirements. Fees for the full service
recordkeeping option are defined in the plan recordkeeping services
agreement which is required for all plans that elect this option. We
reserve the right to increase these charges. See "Charge for Plan
Recordkeeping Services" in Part 8.
DEFERRED VARIABLE ANNUITIES
EQUI-VEST is a series of deferred variable annuity contracts. The MOMENTUM
Program is offered under a group variable annuity contract. Variable
annuities are designed for retirement savings and long-range financial
planning. Contributions accumulate on a Federal income tax deferred basis and
at a future date you can receive a stream of periodic payments. Tax deferral
is one of the advantages of an annuity over many other kinds of investments.
In addition, annuities offer individuals the opportunity to receive an
assured stream of payments for life.
Under Federal tax law, an individual, employer or trustee may, subject to
various limits, purchase an annuity to fund a tax-favored retirement program,
such as an IRA or qualified retirement plan. In many cases, the individual or
employer makes contributions to the tax-favored retirement program with
pre-tax dollars. Alternatively, annuities may be purchased with after-tax
dollars by individuals who wish to create additional retirement savings.
There are a variety of payout options at retirement, including a lump sum and
a variety of investment choices while your contributions are accumulating.
10-DAY FREE LOOK FOR EQUI-VEST
You have the right to examine your EQUI-VEST Contract for a period of 10 days
after you receive it, and to return it to us for a refund. You cancel it by
sending it to our Processing Office. The free look is extended if your state
requires a refund period of longer than 10 days. This right applies only to
the initial owner of a Contract.
For contributions allocated to Investment Funds, your refund will equal those
contributions plus or minus any investment gain or loss through the date we
receive your Contract at our Processing Office. Certain daily charges will
also be automatically deducted. For contributions allocated to the Guaranteed
Interest Account, the refund will equal the amount allocated to the
Guaranteed Interest Account without interest. For contributions allocated to
the Fixed Maturity Account, the refund will equal the amount of your
contributions plus any crediting of interest, and plus or minus any market
value adjustment. Some states or Federal income tax regulations may require
that we calculate the refund differently. We follow these same procedures if
you change your mind before a Contract has been issued, but after a
contribution has been made.
In certain cases, there may be tax implications to cancelling your Contract
during the 10-day free look period.
14
<PAGE>
FEE TABLES AND EXAMPLES
The EQUI-VEST Contracts and the MOMENTUM Contract may differ in terms of the
fees that are charged. One of the following four Tables will apply to you.
These Tables, and the related Examples, will assist you in understanding the
various costs and expenses under your EQUI-VEST Contract or the MOMENTUM
Program so that you may compare them with other products. The Tables reflect
expenses of both the Separate Account and the Trust for the year ended
December 31, 1995.
As explained in Parts 4 and 5, the Guaranteed Interest Account and the
EQUI-VEST Fixed Maturity Account are not a part of the Separate Account and
are not covered by the Tables and Examples. The only expenses shown in the
Tables which apply to the Guaranteed Interest Account and the Fixed Maturity
Account are the Contingent Withdrawal Charge, the Annual Administrative
Charge and the Third Party Transfer or Exchange Fee, if applicable. Also see
"Income Annuity Distribution Options" in Part 6 for a description of charges
under EQUI-VEST Income Annuities and "Distribution Options" and "Annuity
Distribution Options" in Part 7 for a description of annuity options under
the MOMENTUM Program and Part 8 for charges associated with some of those
options.
Certain expenses and fees shown in these Tables may not apply to you. To
determine whether a particular item in a Table applies (and the actual
amount, if any) consult the section of the prospectus for your EQUI-VEST
Contract series or for MOMENTUM indicated in the notes to the Table. For a
description of the different EQUI-VEST Series, see "Part 6: The EQUI-VEST
Contract Series". A charge for applicable state or local taxes may be
deducted from contributions in some states. See "Charges for State Premium
and Other Applicable Taxes" in Part 8.
TABLE 1: EQUI-VEST SERIES 100
Description of Expenses
<TABLE>
<CAPTION>
<S> <C>
CONTRACT OWNER TRANSACTION EXPENSES
SALES LOAD ON PURCHASES ................... NONE
MAXIMUM CONTINGENT WITHDRAWAL CHARGE (1) .. 6%
MAXIMUM ANNUAL ADMINISTRATIVE CHARGE (2) .. $30
</TABLE>
<TABLE>
<CAPTION>
INTERMEDIATE
MONEY GOVERNMENT QUALITY GROWTH & EQUITY
MARKET SECURITIES BOND HIGH YIELD INCOME INDEX
---------- -------------- --------- ------------ ---------- --------
<S> <C> <C> <C> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND TRUST
ANNUAL EXPENSE (3) 1.75% N/A N/A N/A N/A N/A
Separate Account Annual
Expenses (4)
Mortality and Expense Risk Fees .65% .50% .50% .50% .50% .50%
Other Expenses .84% .84% .84% .84% .84% .84%
---------- -------------- --------- ------------ ---------- --------
Total Separate Account Annual
Expenses 1.49%(3) 1.34% 1.34% 1.34% 1.34% 1.34%
Trust Annual Expenses (4)
Investment Advisory Fees 0.40% 0.50% 0.55% 0.55% 0.55% 0.35%
Other Expenses 0.04% 0.07% 0.04% 0.05% 0.05% 0.13%
---------- -------------- --------- ------------ ---------- --------
Total Trust Annual Expenses (5) 0.44%(3) 0.57% 0.59% 0.60% 0.60% 0.48%
</TABLE>
<TABLE>
<CAPTION>
COMMON AGGRESSIVE CONSERVATIVE
GROWTH
STOCK GLOBAL INTERNATIONAL STOCK INVESTORS BALANCED
INVESTORS
---------- -------- --------------- ------------ -------------- ----------
- -----------
<S> <C> <C> <C> <C> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND
TRUST ANNUAL EXPENSE (3) 1.75% N/A N/A 1.75% N/A 1.75% N/A
Separate Account Annual Expenses
(4)
Mortality and Expense Risk Fees .65% .50% .50% .50% .50% .65% .50%
Other Expenses .84% .84% .84% .84% .84% .84% .84%
---------- -------- --------------- ------------ -------------- ----------
- -----------
Total Separate Account Annual
Expenses 1.49%(3) 1.34% 1.34% 1.34%(3) 1.34% 1.49%(3) 1.34%
Trust Annual Expenses (4)
Investment Advisory Fees 0.35% 0.53% 0.90% 0.46% 0.55% 0.37% 0.52%
Other Expenses 0.03% 0.08% 0.13% 0.03% 0.04% 0.03% 0.04%
---------- -------- --------------- ------------ -------------- ----------
- -----------
Total Trust Annual Expenses (5) 0.38%(3) 0.61% 1.03% 0.49%(3) 0.59% 0.40%(3) 0.56%
</TABLE>
15
<PAGE>
TABLE 2: EQUI-VEST SERIES 200
Description of Expenses
<TABLE>
<CAPTION>
<S> <C>
CONTRACT OWNER TRANSACTION EXPENSES
SALES LOAD ON PURCHASES ................... None
MAXIMUM CONTINGENT WITHDRAWAL CHARGE (1) .. 6%
MAXIMUM ANNUAL ADMINISTRATIVE CHARGE (2) .. $30
</TABLE>
<TABLE>
<CAPTION>
INTERMEDIATE
MONEY GOVERNMENT QUALITY GROWTH & EQUITY
MARKET SECURITIES BOND HIGH YIELD INCOME INDEX
---------- -------------- --------- ------------ ---------- --------
<S> <C> <C> <C> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND TRUST
ANNUAL EXPENSE (3) 1.75% N/A N/A N/A N/A N/A
Separate Account Annual Expenses
(4)
Mortality and Expense Risk Fees 1.15% 1.09% 1.09% 1.09% 1.09% 1.09%
Other Expenses .25% .25% .25% .25% .25% .25%
---------- -------------- --------- ------------ ---------- --------
Total Separate Account Annual
Expenses 1.40%(3) 1.34% 1.34% 1.34% 1.34% 1.34%
Trust Annual Expenses (4)
Investment Advisory Fees 0.40% 0.50% 0.55% 0.55% 0.55% 0.35%
Other Expenses 0.04% 0.07% 0.04% 0.05% 0.05% 0.13%
---------- -------------- --------- ------------ ---------- --------
Total Trust Annual Expenses (5) 0.44%(3) 0.57% 0.59% 0.60% 0.60% 0.48%
</TABLE>
<TABLE>
<CAPTION>
COMMON AGGRESSIVE CONSERVATIVE
GROWTH
STOCK GLOBAL INTERNATIONAL STOCK INVESTORS BALANCED
INVESTORS
---------- -------- --------------- ------------ -------------- ----------
- -----------
<S> <C> <C> <C> <C> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND
TRUST ANNUAL EXPENSE (3) 1.75% N/A N/A 1.75% N/A 1.75% N/A
Separate Account Annual Expenses
(4)
Mortality and Expense Risk Fees 1.15% 1.09% 1.09% 1.09% 1.09% 1.15% 1.09%
Other Expenses .25% .25% .25% .25% .25% .25% .25%
---------- -------- --------------- ------------ -------------- ----------
- -----------
Total Separate Account Annual
Expenses 1.40%(3) 1.34% 1.34% 1.34%(3) 1.34% 1.40%(3) 1.34%
Trust Annual Expenses (4)
Investment Advisory Fees 0.35% 0.53% 0.90% 0.46% 0.55% 0.37% 0.52%
Other Expenses 0.03% 0.08% 0.13% 0.03% 0.04% 0.03% 0.04%
---------- -------- --------------- ------------ -------------- ----------
- -----------
Total Trust Annual Expenses (5) 0.38%(3) 0.61% 1.03% 0.49%(3) 0.59% 0.40%(3) 0.56%
</TABLE>
- ------------
Notes:
(1) The contingent withdrawal charge is a percentage of specified
contributions or amounts withdrawn, depending on the Contract.
Important exceptions and limitations eliminate or reduce the contingent
withdrawal charge. See "Contingent Withdrawal Charge" in Part 8.
(2) Many Contracts are exempt from this charge. The Annual Administrative
Charge is the lesser of $30 or 2% of the Annuity Account Value. See
"Annual Administrative Charge" in Part 8.
(3) The amounts shown in the Table under "Separate Account Annual Expenses"
and "Hudson River Trust Annual Expenses," when added together, are not
permitted to exceed a total annual rate of 1.75% of the value of the
assets held in the Money Market, Common Stock, Aggressive Stock and
Balanced Funds. For Series 100 Contracts, without this expense
limitation, total Separate Account Annual Expenses plus Trust Annual
Expenses for 1995 would have been 1.93%, 1.87%, 1.83%, and 1.89% for
the Money Market, Common Stock, Aggressive Stock and Balanced Funds,
respectively. For Series 200 Contracts, without this expense limitation,
total Separate Account Annual Expenses plus Trust Annual Expenses for
1995 would have been 1.84%, 1.78%, 1.83%, and 1.80% for the Money Market,
Common Stock, Aggressive Stock and Balanced Funds, respectively. For
Series 100 Contracts, Separate Account Annual Expenses are guaranteed
not to exceed a total annual rate of 1.49% for the Money Market, Balanced
and Common Stock Funds and an annual rate of 1.34% for all other
Investment Funds. See "Limitation on Charges" in Part 8.
(4) Separate Account and Trust expenses are shown as a percentage of each
Investment Fund's or Portfolio's average value. "Mortality and Expense
Risk Fees" includes death benefit charges. "Other Expenses" under
"Separate Account Annual Expenses" includes financial accounting
expenses. See "Limitation on Charges," "Charges to Investment Funds"
and "Trust Charges to Portfolios" in Part 8.
(5) Expenses shown for all Portfolios are for the fiscal year ended
December 31, 1995. The amount shown for the International Portfolio,
which was established on April 3, 1995 is annualized. The investment
advisory fee for each Portfolio may vary from year to year depending
upon the average daily net assets of the respective Portfolio of the
Trust. The maximum investment advisory fees, however, cannot be
increased without a vote of that Portfolio's shareholders. The other
direct operating expenses will also fluctuate from year to year
depending on actual expenses. The Trust expenses are shown as a
percentage of each Portfolio's average value. See "Trust Charges to
Portfolios" in Part 8.
16
<PAGE>
EXAMPLES: EQUI-VEST SERIES 100 AND 200
For each type of Series 100 and 200 Contract, the examples which follow
show the expenses that a hypothetical Contract Owner would pay in the
surrender and non-surrender situations noted below, assuming a single
contribution of $1,000 on the Contract Date invested in one of the
Investment Funds listed and a 5% annual return on assets and no waiver of
the contingent withdrawal charge.(1) For purposes of these examples, the
annual administrative charge is computed by reference to the actual
aggregate annual administrative charges as a percentage of the total assets
held under all EQUI-VEST Contracts.
These examples should not be considered a representation of past or future
expenses for each Investment Fund or Portfolio. Actual expenses may be
greater or less than those shown. Similarly, the annual rate of return
assumed in the examples is not an estimate or guarantee of future
investment performance.
IF YOU SURRENDER YOUR CONTRACT AT THE END OF EACH PERIOD SHOWN, THE EXPENSE
WOULD BE:
FOR IRA (INCLUDING CERTAIN QP IRA(2)), SEP, EDC AND
PARTICIPANT-OWNED HR-10 CONTRACTS:
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
-------- --------- --------- ----------
<S> <C> <C> <C> <C>
Money Market $81.26 $125.75 $166.03 $259.78
Intermediate Government Securities 82.84 130.51 174.07 276.62
Quality Bond 83.04 131.11 175.07 278.70
High Yield 83.13 131.41 175.57 279.74
Growth & Income 83.13 131.41 175.57 279.74
Equity Index 81.95 127.84 169.55 267.18
Common Stock 81.26 125.75 166.03 259.78
Global 83.23 131.70 176.07 280.78
International 87.37 144.12 196.86 323.52
Aggressive Stock 81.26 125.75 166.03 259.78
Asset Allocation Series:
Conservative Investors 83.04 131.11 175.07 278.70
Balanced 81.26 125.75 166.03 259.78
Growth Investors 82.74 130.22 173.57 275.57
FOR TSA AND QP IRA CONTRACTS:(3) 1 Year 3 Years 5 Years 10 Years
-------- --------- --------- ----------
Money Market $75.08 $119.19 $166.03 $259.78
Intermediate Government Securities 76.67 123.98 174.07 276.62
Quality Bond 76.86 124.58 175.07 278.70
High Yield 76.96 124.88 175.57 279.74
Growth & Income 76.96 124.88 175.57 279.74
Equity Index 75.77 121.29 169.55 267.18
Common Stock 75.08 119.19 166.03 259.78
Global 77.06 125.18 176.07 280.78
International 81.23 137.67 196.86 323.52
Aggressive Stock 75.08 119.19 166.03 259.78
Asset Allocation Series:
Conservative Investors 76.86 124.58 175.07 278.70
Balanced 75.08 119.19 166.03 259.78
Growth Investors 76.57 123.68 173.57 275.57
FOR TRUSTEED AND NQ CONTRACTS: 1 Year 3 Years 5 Years 10 Years
-------- --------- --------- ----------
Money Market $75.08 $119.19 $163.26 $223.29
Intermediate Government
Securities 76.67 123.98 171.80 240.72
Quality Bond 76.86 124.58 172.87 242.88
High Yield 76.96 124.88 173.40 243.95
Growth & Income 76.96 124.88 173.40 243.95
Equity Index 75.77 121.29 167.00 230.95
Common Stock 75.08 119.19 163.26 223.29
Global 77.06 125.18 173.93 245.03
International 81.23 137.67 196.04 289.27
Aggressive Stock 75.08 119.19 163.26 223.29
Asset Allocation Series:
Conservative Investors 76.86 124.58 172.87 242.88
Balanced 75.08 119.19 163.26 223.29
Growth Investors 76.57 123.68 171.27 239.64
</TABLE>
17
<PAGE>
IF YOU DO NOT SURRENDER YOUR CONTRACT AT THE END OF EACH PERIOD SHOWN, THE
EXPENSE WOULD BE:
FOR ALL SERIES 100 AND 200 CONTRACTS:
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
-------- --------- --------- ----------
<S> <C> <C> <C> <C>
Money Market $19.43 $60.08 $103.26 $223.29
Intermediate Government
Securities 21.10 65.16 111.80 240.72
Quality Bond 21.31 65.80 112.87 242.88
High Yield 21.42 66.11 113.40 243.95
Growth & Income 21.42 66.11 113.40 243.95
Equity Index 20.16 62.31 107.00 230.95
Common Stock 19.43 60.08 103.26 223.29
Global 21.52 66.43 113.93 245.03
International 25.93 79.68 136.04 289.27
Aggressive Stock 19.43 60.08 103.26 223.29
Asset Allocation Series:
Conservative Investors 21.31 65.80 112.87 242.88
Balanced 19.43 60.08 103.26 223.29
Growth Investors 21.00 64.84 111.27 239.64
</TABLE>
- ------------
(1) The amount accumulated could not be paid in the form of an annuity at
the end of any of the periods shown in the examples. If the amount
applied to purchase an annuity is less than $2,000, or the initial
annuity payment is less than $20 we may pay the amount to the payee in
a single sum instead of as payments under an annuity form. See
"Distribution Options" in Part 6. In some cases, charges for state
premium or other taxes will be deducted from the amount applied, if
applicable.
(2) These expenses also apply to a Series 100 or 200 QP IRA purchased in a
state where group Contracts are issued.
(3) These expenses apply only to a Series 100 or 200 QP IRA purchased in a
state where individual Contracts are issued.
18
<PAGE>
TABLE 3: EQUI-VEST SERIES 300 AND 400
<TABLE>
<CAPTION>
Description of Expenses
- --------------------------------------------------------------------
<S> <C>
CONTRACT OWNER TRANSACTION EXPENSES
SALES LOAD ON PURCHASES ........................................... NONE
MAXIMUM CONTINGENT WITHDRAWAL CHARGE (1) .......................... 6%
MAXIMUM/CURRENT ANNUAL ADMINISTRATIVE CHARGE (2) .................. $65/30
MAXIMUM/CURRENT THIRD PARTY TRANSFER OR EXCHANGE FEE (3) .......... $65/25 PER OCCURRENCE
SEPARATE ACCOUNT ANNUAL EXPENSE
Mortality and Expense Risk Fees (including Death Benefit Charges) . 1.10%
Other Expenses (4) ................................................ .25%
-------------------------
Total Separate Account Annual Expenses (5) ....................... 1.35%
=========================
</TABLE>
<TABLE>
<CAPTION>
INTERMEDIATE
MONEY GOVERNMENT QUALITY HIGH GROWTH & EQUITY
MARKET SECURITIES BOND YIELD INCOME INDEX
-------- -------------- --------- ------- ---------- --------
<S> <C> <C> <C> <C> <C> <C>
TRUST ANNUAL EXPENSES:
Investment Advisory Fees 0.40% 0.50% 0.55% 0.55% 0.55% 0.35%
Other Expenses 0.04% 0.07% 0.04% 0.05% 0.05% 0.13%
-------- -------------- --------- ------- ---------- --------
Total Trust Annual
Expenses (6) 0.44% 0.57% 0.59% 0.60% 0.60% 0.48%
</TABLE>
<TABLE>
<CAPTION>
COMMON AGGRESSIVE CONSERVATIVE GROWTH
STOCK GLOBAL INTERNATIONAL STOCK INVESTORS BALANCED INVESTORS
-------- -------- --------------- ------------ -------------- ---------- -----------
<S> <C> <C> <C> <C> <C> <C> <C>
TRUST ANNUAL EXPENSES:
Investment Advisory
Fees 0.35% 0.53% 0.90% 0.46% 0.55% 0.37% 0.52%
Other Expenses 0.03% 0.08% 0.13% 0.03% 0.04% 0.03% 0.04%
-------- -------- --------------- ------------ -------------- ---------- -----------
Total Trust Annual
Expenses (6) 0.38% 0.61% 1.03% 0.49% 0.59% 0.40% 0.56%
</TABLE>
- ------------
Notes:
(1) The contingent withdrawal charge is a percentage of specified
contributions. See "Contingent Withdrawal Charge" in Part 8. Important
exceptions and limitations eliminate or reduce the contingent
withdrawal charge.
(2) The Annual Administrative Charge is the lesser of $30 or 2% of the
Annuity Account Value (adjusted to include any withdrawals made during
that year) during the first two Contract Years; and $30 for each
Contract Year thereafter. See "Annual Administrative Charge" in Part 8.
We reserve the right to increase this fee in the future if our
administrative costs increase, but such fee may not exceed an annual
maximum of $65, subject to applicable law.
(3) There is a Third Party Transfer or Exchange Fee of $25 per occurrence.
We reserve the right to increase this fee in the future, but such fee
may not exceed a maximum of $65 per occurrence, subject to applicable
law.
(4) For a limited period of time, we will charge .24% against the assets of
the Intermediate Government Securities, Quality Bond, High Yield,
Growth & Income, Equity Index, Global, International, Conservative
Investors and Growth Investors Funds for expenses.
(5) The amounts shown in the Table under "Separate Account Annual Expenses"
are not permitted to exceed a total annual rate of 1.35% of the value
of the assets held in the Investment Funds. Separate Account expenses
are shown as a percentage of each Investment Fund's average value. See
"Limitation on Charges" in Part 8.
(6) Expenses shown for all Portfolios are for the fiscal year ended
December 31, 1995. The amount shown for the International Portfolio,
which was established on April 3, 1995, is annualized. The investment
advisory fee for each Portfolio may vary from year to year depending
upon the average daily net assets of the respective Portfolio of the
Trust. The maximum investment advisory fees, however, cannot be
increased without a vote of that Portfolio's shareholders. The other
direct operating expenses will also fluctuate from year to year
depending on actual expenses. The Trust expenses are shown as a
percentage of each Portfolio's average value. See "Trust Charges to
Portfolios" in Part 8.
19
<PAGE>
EXAMPLES: EQUI-VEST SERIES 300 AND 400
For each type of Series 300 and 400 Contract, the examples which follow
show the expenses that a hypothetical Contract Owner would pay in the
surrender and non-surrender situations noted below, assuming a single
contribution of $1,000 on the Contract Date invested in one of the
Investment Funds listed, a 5% annual return on assets and no waiver of the
contingent withdrawal charge.(1) For purposes of these examples the annual
administrative charge is computed by reference to the actual aggregate
annual administrative charges as a percentage of the total assets held
under all EQUI-VEST Contracts.
These examples should not be considered a representation of past or future
expenses for each Investment Fund or Portfolio. Actual expenses may be
greater or less than those shown. Similarly, the annual rate of return
assumed in the examples is not an estimate or guarantee of future
investment performance.
IF YOU SURRENDER YOUR CONTRACT AT THE END OF EACH PERIOD SHOWN, THE EXPENSE
WOULD BE:
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
-------- --------- --------- ----------
<S> <C> <C> <C> <C>
Money Market $75.47 $120.39 $165.40 $227.68
Intermediate Government
Securities 76.67 123.98 171.80 240.72
Quality Bond 76.86 124.58 172.87 242.88
High Yield 76.96 124.88 173.40 243.95
Growth & Income 76.96 124.88 173.40 243.95
Equity Index 75.77 121.29 167.00 230.95
Common Stock 74.88 118.59 162.18 221.10
Global 77.06 125.18 173.93 245.03
International 81.23 137.67 196.04 289.27
Aggressive Stock 75.97 121.88 168.07 233.13
Asset Allocation Series:
Conservative Investors 76.86 124.58 172.87 242.88
Balanced 75.08 119.19 163.26 223.29
Growth Investors 76.57 123.68 171.27 239.64
IF YOU DO NOT SURRENDER YOUR CONTRACT AT THE END OF EACH PERIOD SHOWN, THE
EXPENSE WOULD BE:
1 Year 3 Years 5 Years 10 Years
-------- --------- --------- ----------
Money Market $19.85 $ 61.35 $105.40 $227.68
Intermediate Government
Securities 21.10 65.16 111.80 240.72
Quality Bond 21.31 65.80 112.87 242.88
High Yield 21.42 66.11 113.40 243.95
Growth & Income 21.42 66.11 113.40 243.95
Equity Index 20.16 62.31 107.00 230.95
Common Stock 19.22 59.44 102.18 221.10
Global 21.52 66.43 113.93 245.03
International 25.93 79.68 136.04 289.27
Aggressive Stock 20.37 62.94 108.07 233.13
Asset Allocation Series:
Conservative Investors 21.31 65.80 112.87 242.88
Balanced 19.43 60.08 103.26 223.29
Growth Investors 21.00 64.84 111.27 239.64
</TABLE>
- ------------
(1) The amount accumulated could not be paid in the form of an annuity at
the end of any of the periods shown in the examples. If the amount
applied to purchase an annuity is less than $2,000, or the initial
annuity payment is less than $20, we may pay the amount to the payee in
a single sum instead of as payments under an annuity form. See
"Distribution Options" in Part 6. In some cases, charges for state
premium or other taxes will be deducted from the amount applied, if
applicable.
20
<PAGE>
TABLE 4: MOMENTUM Program
<TABLE>
<CAPTION>
Description of Expenses
- --------------------------------------------
<S> <C>
CONTRACT TRANSACTION EXPENSES
SALES LOAD ON PURCHASES .................... NONE
TRANSFER FEES .............................. NONE
MAXIMUM CONTINGENT WITHDRAWAL CHARGE (1) .. 6%
PLAN LOAN CHARGES (2) ....................... $25 WHEN LOAN IS MADE
+$6 PER QUARTER
ANNUAL ADMINISTRATIVE CHARGE (3) ............ $30 PER PARTICIPANT
ANNUAL BASIC RECORDKEEPING CHARGE (4) ...... $300 PER PLAN
</TABLE>
<TABLE>
<CAPTION>
INTERMEDIATE
MONEY GOVERNMENT QUALITY GROWTH & EQUITY
MARKET SECURITIES BOND HIGH YIELD INCOME INDEX
---------- -------------- --------- ------------ ---------- --------
<S> <C> <C> <C> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT AND HUDSON
RIVER TRUST ANNUAL EXPENSES (5) 1.75% n/a n/a n/a n/a n/a
Separate Account Annual Expenses (6)
Mortality and Expense
Risk Fees 0.65% 0.50% 0.50% 0.50% 0.50% 0.50%
Other Expenses 0.84% 0.84% 0.84% 0.84% 0.84% 0.84%
---------- -------------- --------- ------------ ---------- --------
TOTAL SEPARATE ACCOUNT
ANNUAL EXPENSES 1.49%(5) 1.34% 1.34% 1.34% 1.34% 1.34%
Hudson River Trust Annual Expenses(6)
Investment Advisory Fee 0.40% 0.50% 0.55% 0.55% 0.55% 0.35%
Other Expenses 0.04% 0.07% 0.04% 0.05% 0.05% 0.13%
---------- -------------- --------- ------------ ---------- --------
TOTAL HUDSON RIVER TRUST
ANNUAL EXPENSES(7) 0.44%(5) 0.57% 0.59% 0.60% 0.60% 0.48%
</TABLE>
<TABLE>
<CAPTION>
COMMON AGGRESSIVE CONSERVATIVE GROWTH
STOCK GLOBAL INTERNATIONAL STOCK INVESTORS BALANCED INVESTORS
---------- -------- --------------- ------------ -------------- ---------- -----------
<S> <C> <C> <C> <C> <C> <C> <C>
MAXIMUM SEPARATE ACCOUNT
AND HUDSON RIVER TRUST
ANNUAL EXPENSES (5) 1.75% n/a n/a 1.75% n/a 1.75% n/a
Separate Account Annual
Expenses (6)
Mortality and Expense
Risk Fees 0.65% 0.50% 0.50% 0.50% 0.50% 0.65% 0.50%
Other Expenses 0.84% 0.84% 0.84% 0.84% 0.84% 0.84% 0.84%
---------- -------- --------------- ------------ -------------- ---------- -----------
TOTAL SEPARATE ACCOUNT
ANNUAL EXPENSES 1.49%(5) 1.34% 1.34% 1.34%(5) 1.34% 1.49%(5) 1.34%
Hudson River Trust Annual
Expenses(6)
Investment Advisory Fee 0.35% 0.53% 0.90% 0.46% 0.55% 0.37% 0.52%
Other Expenses 0.03% 0.08% 0.13% 0.03% 0.04% 0.03% 0.04%
-------- --------------- ------------ -------------- ---------- -----------
TOTAL HUDSON RIVER TRUST
ANNUAL EXPENSES (7) 0.38% 0.61% 1.03% 0.49%(5) 0.59% 0.40%(5) 0.56%
</TABLE>
(footnotes on next page)
21
<PAGE>
- ---------
Notes:
(1) The maximum contingent withdrawal charge is 6% of the lesser of the
amount withdrawn and the contributions made in the current and five prior
Participation Years. Important exceptions and limitations eliminate or reduce
the contingent withdrawal charge. See "Contingent Withdrawal Charge" in Part
8.
(2) Your Employer may elect to pay these charges and we have reserved the
right to increase them.
(3) The administrative charge is deducted quarterly and is currently $7.50
or, if less, .50% of your Retirement Account Value plus the amount of any
Active Loan. Your Employer may elect to pay this charge. This charge is not
currently assessed for any calendar quarter in which the Retirement Account
Value plus any Active Loan is $25,000 or more on the last Business Day of
that calendar quarter. We have reserved the right to increase this charge.
See "Quarterly Administrative Charge" in Part 8.
(4) This charge will be billed directly to the Employer if the basic plan
recordkeeping option has been elected. We charge a fee of $25 per check drawn
if the Employer elects to have Equitable Life directly distribute plan
benefits and withdrawals. We reserve the right to increase these charges upon
90 days written notice to the Employer or Plan Trustee. See "Charge for Plan
Recordkeeping Services" in Part 8.
(5) The amounts shown in the Table under "Separate Account Annual Expenses"
and "Hudson River Trust Annual Expenses," when added together, are not
permitted to exceed a total annual rate of 1.75% of the value of the assets
held in the Money Market, Balanced, Common Stock and Aggressive Stock Funds.
Without this expense limitation, total Separate Account Annual Expenses plus
Trust Annual Expenses for 1995 would have been 1.93%, 1.89%, 1.87%, and 1.83%
for the Money Market, Balanced, Common Stock and Aggressive Stock Funds,
respectively. See "Limitation on Charges" and "Charges to Investment Funds
for Expenses" in Part 8.
(6) Separate Account and Hudson River Trust expenses are shown as a
percentage of each Investment Fund's or Portfolio's average value. Separate
Account Annual Expenses are guaranteed not to exceed a total annual rate of
1.49% for the Money Market, Balanced and Common Stock Funds and an annual
rate of 1.34% for all other Investment Funds. "Mortality and Expense Risks
Fees" includes death benefit charges. "Other Expenses" under "Separate
Account Annual Expenses" includes financial accounting expenses. See
"Limitations on Charges," "Charges to Investment Funds for Expenses" and
"Hudson River Trust Charges to Portfolios" in Part 8.
(7) Amounts shown for all Portfolios are for the year ended December 31,
1995. The amount shown for the International Portfolio, which was established
on April 3, 1995 is annualized. The investment advisory fee for each
Portfolio may vary from year to year depending upon the average daily net
assets of the respective Portfolio of The Hudson River Trust. The maximum
investment advisory fees, however, cannot be changed without a vote of that
Portfolio's shareholders. The other direct operating expenses will also
fluctuate from year to year depending on actual expenses. The Hudson River
Trust expenses are shown as a percentage of each Portfolio's average value.
See "Hudson River Trust Charges to Portfolios" in Part 8.
22
<PAGE>
EXAMPLES: MOMENTUM
The examples below show the expenses that a hypothetical Participant would
pay in the surrender and non-surrender situations noted below, assuming a
single contribution of $1,000 on the Participation Date invested in one of
the Investment Funds listed, a 5% annual return on assets and no waiver of
the contingent withdrawal charge.(1) For purposes of these examples, the
annual administrative charge is computed by reference to the actual
aggregate annual administrative charges as a percentage of the total assets
held under the contracts. These examples do not reflect the $300 annual
charge for basic recordkeeping services, which is billed directly to the
Employer.
These examples should not be considered a representation of past or future
expenses for each Investment Funds or Portfolio. Actual expenses may be
greater or less than those shown.(2) Similarly, the annual rate of return
assumed in the examples is not an estimate or guarantee of future
investment performance.
IF YOUR PARTICIPATION UNDER THE MOMENTUM CONTRACT TERMINATES AT THE END OF
EACH PERIOD SHOWN, THE MAXIMUM EXPENSE WOULD BE:
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS 10 YEARS
-------- --------- --------- ----------
<S> <C> <C> <C> <C>
Money Market $75.72 $121.12 $166.70 $230.34
Intermediate Government
Securities 77.30 125.90 175.22 247.64
Quality Bond 77.50 126.50 176.28 249.78
High Yield 77.60 126.80 176.81 250.85
Growth & Income 77.60 126.80 176.81 250.85
Equity Index 76.41 123.21 170.43 237.94
Common Stock 75.72 121.12 166.70 230.34
Global 77.70 127.09 177.34 251.92
International 81.86 139.56 199.38 295.84
Aggressive Stock 75.72 121.12 166.70 230.34
Asset Allocation Series:
Conservative Investors 77.50 126.50 176.28 249.78
Balanced 75.72 121.12 166.70 230.34
Growth Investors 77.20 125.60 174.69 246.56
IF YOUR PARTICIPATION UNDER THE MOMENTUM CONTRACT DOES NOT TERMINATE AT THE
END OF EACH PERIOD SHOWN, THE MAXIMUM EXPENSE WOULD BE:
1 Year 3 Years 5 Years 10 Years
-------- --------- --------- ----------
Money Market $20.10 $ 62.13 $106.70 $230.34
Intermediate Government
Securities 21.78 67.20 115.22 247.64
Quality Bond 21.99 67.83 116.28 249.78
High Yield 22.09 68.15 116.81 250.85
Growth & Income 22.09 68.15 116.81 250.85
Equity Index 20.84 64.35 110.43 237.94
Common Stock 20.10 62.13 106.70 230.34
Global 22.20 68.46 117.34 251.92
International 26.60 81.68 139.38 295.84
Aggressive Stock 20.10 62.13 106.70 230.34
Asset Allocation Series:
Conservative Investors 21.99 67.83 116.28 249.78
Balanced 20.10 62.13 106.70 230.34
Growth Investors 21.67 66.88 114.69 246.56
</TABLE>
- ------------
(1) The amount accumulated could not be paid to you in the form of an
annuity at the end of any of the periods shown in the examples. The
minimum amount applied to purchase an annuity must be $3,500. See
"Electing an Annuity Distribution Option" in Part 7. In some cases,
charges for state premium or other applicable state or local taxes will
be deducted from the amount applied, if applicable.
(2) Actual administrative charges may be less if you, as Employer, are
billed directly for the quarterly administrative charge or if the
charge does not apply to a Participant because the Retirement Account
Value plus the amount of any Active Loan is at least $25,000 on the
last Business Day of a calendar quarter.
23
<PAGE>
- -------------------------------------------------------------------------------
PART 2: SEPARATE ACCOUNT A AND
ITS INVESTMENT FUNDS
- -------------------------------------------------------------------------------
SEPARATE ACCOUNT A
Separate Account A is organized as a unit investment trust, a type of
investment company, and is registered with the SEC under the Investment
Company Act of 1940 (1940 ACT). This registration does not involve any
supervision by the SEC of the management or investment policies of the
Separate Account. The Separate Account has several Investment Funds, each of
which invests in shares of a corresponding Portfolio of the Trust. You may
allocate some or all contributions among the Investment Funds.
The assets of the Separate Account are our property. As a separate account
under the New York Insurance Law, the portion of the Separate Account's
assets equal to the reserves and other liabilities relating to the contracts
will not be chargeable with liabilities arising out of any other business we
may conduct. Accordingly, income, gains or losses, whether or not realized,
from assets of the Separate Account are credited to or charged against the
Separate Account without regard to our other income, gains or losses. We are
the issuer of the contracts, and the obligations set forth in the contracts
(other than those of Annuitants or Contract Owners) are our obligations.
In addition to contributions made under your contracts, we may allocate to
the Separate Account monies received under other annuity contracts,
certificates or agreements. Owners of all such contracts, certificates or
agreements will participate in the Separate Account in proportion to the
amounts they have in the Investment Funds that relate to their contracts,
certificates or agreements. We may retain in the Separate Account assets that
are in excess of the reserves and other liabilities relating to the Contracts
or to other contracts, certificates or agreements, or we may transfer them to
our general account.
We reserve the right, subject to compliance with applicable law, including
approval of Contract Owners, Participants and Plan Trustees if required, (1)
to add new Investment Funds (or sub-divisions of Investment Funds) to, or
remove Investment Funds (or sub-divisions of Investment Funds) from, the
Separate Account, (2) to combine any two or more Investment Funds or
sub-divisions thereof, (3) to transfer assets determined by us to be the
proportionate share of the class to which the contracts belong from any of
the Investment Funds to another Investment Fund by withdrawing the same
percentage of each investment in that Investment Fund with appropriate
adjustments to avoid odd lots and fractions, (4) to operate the Separate
Account or any Investment Fund as a management investment company under the
1940 Act (which may be directed by a committee which may be composed of a
majority of persons who are "interested persons" of Equitable Life under the
1940 Act, which committee may be discharged by us at any time) or in any
other form permitted by law, including a form that allows us to make direct
investments, (5) to deregister the Separate Account under the 1940 Act, (6)
to cause one or more Investment Funds to invest in a mutual fund other than
or in addition to the Trust, (7) to discontinue the sale of contracts, (8) to
terminate any employer or plan trustee agreement pursuant to its terms and
(9) to restrict or eliminate any voting rights of Contract Owners or other
people who have voting rights that affect the Separate Account.
If any changes are made that result in a material change in the underlying
investments of an Investment Fund, Contract Owners or MOMENTUM Employers will
be notified. We may make other changes in the contracts that do not reduce
any Cash Value, annuity benefit, Annuity Account Value, Retirement Account
Value or other accrued rights or benefits.
THE HUDSON RIVER TRUST
The Trust is an open-end, diversified management investment company, more
commonly called a mutual fund. As a "series" type of mutual fund, it issues
several different series of stock, each of which relates to a different
Portfolio of the Trust. The Trust commenced operations in January 1976 with a
predecessor of its Common Stock Portfolio. The Trust does not impose a sales
charge or "load" for buying and selling its shares. All dividend
distributions to the Trust are reinvested in full and fractional shares of
the Portfolio to which they relate.
More detailed information about the Trust, its investment objectives,
policies, restrictions, risks, expenses and all other aspects of its
operations, appears in its prospectus, or in its statement of additional
information.
24
<PAGE>
THE TRUST'S INVESTMENT ADVISER
The Trust is advised by Alliance Capital Management LP (ALLIANCE), which is
registered with the SEC as an investment adviser under the Investment
Advisers Act of 1940. Alliance, a publicly traded limited partnership, is
indirectly majority-owned by Equitable Life. On December 31, 1995, Alliance
was managing over $146.5 billion in assets. Alliance acts as investment
adviser to various separate accounts and general accounts of Equitable Life
and other affiliated insurance companies. Alliance also provides management
and consulting services to mutual funds, endowments funds, insurance
companies, foreign entities, qualified and non-tax qualified corporate funds,
public and private pension and profit-sharing plans, foundations and
tax-exempt organizations.
Alliance's record as an investment manager is based, in part, on its ability
to provide a diversity of investment services to domestic, international and
global markets. Alliance prides itself on its ability to attract and retain a
quality, professional work force. Alliance employs 162 investment
professionals, including 81 research analysts. Portfolio managers have
average investment experience of more than 16 years.
Alliance's main office is located at 1345 Avenue of the Americas, New York,
New York 10105.
INVESTMENT POLICIES AND OBJECTIVES OF THE TRUST'S PORTFOLIOS
Each Portfolio has a different investment objective which it tries to achieve
by following separate investment policies. The policies and objectives of
each Portfolio will affect its return and its risks. There is no guarantee
that these objectives will be achieved.
The policies and objectives of the Trust's Portfolios are as follows:
<TABLE>
<CAPTION>
PORTFOLIO INVESTMENT POLICY OBJECTIVE
- -------------------- ---------------------------------------------- -------------------------------------------
<S> <C> <C>
Money Market ........ Primarily high quality short-term money market High level of current income while
instruments preserving assets and maintaining liquidity
Intermediate ........ Primarily debt securities issued or High current income consistent with
Government guaranteed by the U.S. Government, its relative stability of principal
Securities agencies and instrumentalities. Each
investment will have a final maturity of not
more than 10 years or a duration not exceeding
that of a 10-year Treasury note
Quality Bond ........ Primarily investment grade fixed income High current income consistent with
securities preservation of capital
High Yield .......... Primarily a diversified mix of high yield, High return by maximizing current income
fixed-income securities involving greater and, to the extent consistent with that
volatility of price and risk of principal and objective, capital appreciation
income than high quality fixed- income
securities. The medium and lower quality debt
securities in which the Portfolio may invest
are known as "junk bonds"
Growth & ............ Primarily income producing common High total return through a combination
Income stocks and securities convertible into common of current income and capital appreciation
stocks
Equity Index ........ Selected securities in the S&P 500 Index (the Total return performance (before trust
"Index") which the advisor believes will, in expenses) that approximates the investment
the aggregate, approximate the performance performance of the Index (including
results of the Index reinvestment of dividends) at risk level
consistent with that of the Index
25
<PAGE>
PORTFOLIO INVESTMENT POLICY OBJECTIVE
- -------------------- ---------------------------------------------- -------------------------------------------
Common Stock ........ Primarily common stock and other equity-type Long-term growth of capital and
instruments increasing income
Global .............. Primarily equity securities of non-United Long-term growth of capital
States as well as United States companies
International ....... Primarily equity securities selected Long-term growth of capital
principally to permit participation in
non-United States companies with prospects for
growth
Aggressive Stock ... Primarily common stocks and other equity-type Long-term growth of capital
securities issued by medium and other smaller
sized companies with strong growth potential
Asset Allocation Series:
Conservative
Investors ............ Diversified mix of publicly-traded, fixed- High total return without, in the
income and equity securities; asset mix and Adviser's opinion, undue risk to
security selection are primarily based upon principal
factors expected to reduce risk. The Portfolio
is generally expected to hold approximately
70% of its assets in fixed income securities
and 30% in equity securities.
Balanced ............ Primarily common stocks, publicly-traded debt High return through a combination of
securities and high quality money market current income and capital appreciation
instruments. The Portfolio is generally
expected to hold 50% of its assets in equity
securities and 50% in fixed income securities.
Growth Investors ... Diversified mix of publicly-traded, fixed- High total return consistent with the
income and equity securities; asset mix and adviser's determination of reasonable
security selection based upon factors expected risk
to increase possibility of high long-term
return. The Portfolio is generally expected to
hold approximately 70% of its assets in equity
securities and 30% in fixed income securities.
</TABLE>
26
<PAGE>
- -------------------------------------------------------------------------------
PART 3: INVESTMENT PERFORMANCE
- -------------------------------------------------------------------------------
INVESTMENT FUND PERFORMANCE
In order to help show how the actual performance of the Investment Funds has
affected Annuity Account and Retirement Account Values, the following tables
provide a historical view of investment performance. The information
presented includes performance results for each Investment Fund along with
data representing unmanaged market indices and similarly managed funds.
Performance data for the Money Market, Balanced, Common Stock and Aggressive
Stock Funds shown in this section include periods prior to December 18, 1987,
when four predecessor open-end management separate accounts were reorganized
into the Separate Account in unit investment trust form. (See Part 9 of the
SAI.) The "since inception" figures are based on the date of inception of the
predecessor separate accounts. Also, the performance data shown from December
18, 1987 through December 31, 1990 reflects the investment results of The
Equitable Trust, which was replaced by the Trust on September 6, 1991. The
investment objectives and policies of the Portfolios are substantially
similar to those of the corresponding portfolios of The Equitable Trust. At
all times, Equitable Life and/or one of its subsidiaries has served as the
investment adviser to the four predecessor separate accounts, The Equitable
Trust and the Trust. Performance data for the remaining Investment Funds
reflect (i) the investment results of the corresponding Portfolios of the
Trust from the date of inception of those Portfolios, (ii) the actual
investment advisory fee and direct operating expenses of the relevant
Portfolio and (iii) the Separate Account asset charges.
The performance for all periods has been adjusted to reflect the Separate
Account asset charges as well as the Trust expenses.
Because amounts allocated to the Investment Funds are invested in a mutual
fund, investment return and principal will fluctuate and Accumulation Units
may be worth more or less than the original cost when redeemed. The results
shown are not an estimate or guarantee of future investment performance, and
do not reflect the actual experience of amounts invested under a particular
Contract.
HOW PERFORMANCE DATA ARE PRESENTED
The tables on the following pages compare annualized rates of return for each
Investment Fund along with appropriate benchmarks. These performance results
are based on the change in the accumulation unit value for each Investment
Fund for the periods shown.
Investment results in these tables are net of all charges and expenses
assessed against the Investment Funds (including investment advisory fees and
the direct operating expenses of the Trust and the expenses of the Contracts)
but excluding the annual administrative charge and any withdrawal charges
which would also reduce the actual return. There are variations in the fees
and charges among the Contracts offered in EQUI-VEST and in the MOMENTUM
Program. The rates of return shown for EQUI-VEST reflect the highest charges
that are currently being assessed. The tables under "Standardized Computation
of Performance" in the next Section show performance results after giving
effect to all charges including the annual administrative charge and the
contingent withdrawal charge. The illustrations for MOMENTUM are separate.
BENCHMARKS
Market indices are not subject to any charges for investment advisory fees
typically associated with a managed portfolio. Comparisons with these
benchmarks, therefore, are of limited use. We include them because they are
widely known and may help you to understand the universe of securities from
which each Portfolio manager is likely to make selections.
INCEPTION DATES AND COMPARATIVE
BENCHMARKS
MONEY MARKET: May 11, 1982; Salomon Brothers Three-Month T-Bill Index
(3-Month T-Bill).
INTERMEDIATE GOVERNMENT SECURITIES: April 1, 1991; Lehman Intermediate
Government Bond Index (Lehman Intermediate Government).
QUALITY BOND: October 1, 1993; Lehman Aggregate Bond Index (Lehman
Aggregate).
HIGH YIELD: January 2, 1987; Merrill Lynch High Yield Master Index (Master
High Yield).
GROWTH & INCOME: October 1, 1993; 75% Standard & Poor's 500 Index (S&P 500)
and 25% Value Line Convertibles Index (75% S&P 500/25% Value Line Conv.).
27
<PAGE>
EQUITY INDEX: March 1, 1994; Standard & Poor's 500 Index (S&P 500)
COMMON STOCK: August 1, 1968; Standard & Poor's 500 Index (S&P 500)
GLOBAL: August 27, 1987; Morgan Stanley Capital International World Index
(MSCI World).
INTERNATIONAL: April 3, 1995; Morgan Stanley Capital International Europe,
Australia, Far East Index (MSCI EAFE).
AGGRESSIVE STOCK: May 1, 1984; 50% Russell 2000 Small Stock Index and 50% S&P
Mid-Cap Total Return (50% Russell 2000/50% S&P MidCap).
CONSERVATIVE INVESTORS: October 2, 1989; 70% Lehman Treasury Bond Composite
Index and 30% S&P 500 Index (70% Lehman Treas./30% S&P 500).
BALANCED: May 1, 1984; 50% S&P 500 and 50% Lehman Government/Corporate Bond
Index (50% S&P 500/50% Lehman Corp.).
GROWTH INVESTORS: October 2, 1989; 30% Lehman Government/Corporate Bond Index
and 70% S&P 500 Index (30% Lehman Treas./70% S&P 500).
The Lipper Variable Insurance Products Performance Analysis Survey (Lipper)
records the performance of a large group of variable annuity and variable
life products, including managed separate accounts of insurance companies.
According to Lipper Analytical Services, Inc., the data are presented net of
investment management fees, direct operating and asset-based charges
applicable under insurance policies or annuity contracts. Lipper data provide
a more accurate picture than market indices of EQUI-VEST and MOMENTUM
performance relative to other annuity products.
All rates of return presented are time-weighted and include reinvestment of
investment income, including interest and dividends. Cumulative rates of
return reflect performance over a stated period of time. Annualized rates of
return represent the annual rate of growth that would have produced the same
cumulative return, if performance had been constant over the entire period.
28
<PAGE>
- -------------------------------------------------------------------------------
EQUI-VEST ANNUALIZED RATES OF RETURN FOR PERIODS ENDING DECEMBER 31, 1995:
- -------------------------------------------------------------------------------
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS
-------- --------- ---------
<S> <C> <C> <C>
MONEY MARKET 4.32% 2.83% 3.08%
Lipper Money Market 4.35 2.88 3.10
3-Month T-Bill 5.74 4.34 4.47
INTERMEDIATE GOVERNMENT
SECURITIES 11.81 4.79 --
Lipper U.S. Government 15.47 6.27 --
Lehman Intermediate Government 14.41 6.74 --
QUALITY BOND 15.46 -- --
Lipper Corporate Bond A-Rated 18.15 -- --
Lehman Aggregate 18.47 -- --
HIGH YIELD 18.32 11.30 13.40
Lipper High Yield 17.36 9.80 15.79
Master High Yield 19.91 11.57 17.17
GROWTH & INCOME 22.42 -- --
Lipper Growth & Income 31.18 -- --
75% S&P 500/25% Value Line
Conv. 34.93 -- --
EQUITY INDEX 34.66 -- --
Lipper S&P 500 Index Funds 35.31 -- --
S&P 500 37.54 -- --
COMMON STOCK 30.64 15.79 16.51
Lipper Growth 31.08 12.09 15.53
S&P 500 37.54 15.30 16.57
GLOBAL 17.23 16.63 14.93
Lipper Global 13.87 13.45 9.10
MSCI World 20.72 15.83 11.74
INTERNATIONAL* -- -- --
Lipper International -- -- --
MSCI EAFE -- -- --
AGGRESSIVE STOCK 29.87 12.38 20.14
Lipper Small Company Growth 28.19 15.26 25.72
50% Russell 2000/50% S&P MidCap 29.69 13.67 20.16
The Asset Allocation Series:
CONSERVATIVE INVESTORS 18.79 7.09 8.67
Lipper Income 21.25 9.65 11.99
70% Lehman Treas./30% S&P 500 24.11 10.41 11.73
BALANCED 18.13 5.90 9.77
Lipper Flexible Portfolio 21.58 9.32 11.43
50% S&P 500/50% Lehman Corp. 28.39 12.01 13.39
GROWTH INVESTORS 24.68 10.65 15.55
Lipper Flexible Portfolio 21.58 9.32 11.43
30% Lehman Corp./70% S&P 500 32.05 13.35 14.70
</TABLE>
(RESTUBBED TABLE CONTINUED FROM ABOVE)
<TABLE>
<CAPTION>
SINCE INCEPTION
10 YEARS 20 YEARS INCEPTION DATE
---------- ---------- ----------- -----------
<S> <C> <C> <C> <C>
MONEY MARKET 4.63% -- 5.64% 5/11/82
Lipper Money Market 4.71 -- 5.91
3-Month T-Bill 5.77 -- 6.68
INTERMEDIATE GOVERNMENT
SECURITIES -- -- 6.19 4/1/91
Lipper U.S. Government -- -- 7.87
Lehman Intermediate Government -- -- 8.17
QUALITY BOND -- -- 3.14 10/1/93
Lipper Corporate Bond A-Rated -- -- 4.58
Lehman Aggregate -- -- 6.46
HIGH YIELD -- -- 8.72 1/2/87
Lipper High Yield -- -- 8.87
Master High Yield -- -- 11.28
GROWTH & INCOME -- -- 8.20 10/1/93
Lipper Growth & Income -- -- 12.76
75% S&P 500/25% Value Line
Conv. -- -- 15.45
EQUITY INDEX -- -- 17.58 3/1/94
Lipper S&P 500 Index Funds -- -- 17.62
S&P 500 -- -- 19.89
COMMON STOCK 13.67 13.73% 10.65 8/1/68
Lipper Growth 12.05 12.79 N/A
S&P 500 14.87 14.59 11.18
GLOBAL -- -- 9.87 8/27/87
Lipper Global -- -- 2.52
MSCI World -- -- 6.75
INTERNATIONAL* -- -- 9.60* 4/3/95
Lipper International -- -- 12.21*
MSCI EAFE -- -- 9.17*
AGGRESSIVE STOCK 16.32 -- 17.85 5/1/84
Lipper Small Company Growth 16.42 -- 18.71
50% Russell 2000/50% S&P MidCap 13.66 -- N/A
The Asset Allocation Series:
CONSERVATIVE INVESTORS -- -- 8.18 10/2/89
Lipper Income -- -- 9.79
70% Lehman Treas./30% S&P 500 -- -- 10.55
BALANCED 8.93 -- 10.16 5/1/84
Lipper Flexible Portfolio 10.13 -- 11.57
50% S&P 500/50% Lehman Corp. 12.53 -- 13.94
GROWTH INVESTORS -- -- 14.51 10/2/89
Lipper Flexible Portfolio -- -- 9.44
30% Lehman Corp./70% S&P 500 -- -- 11.97
</TABLE>
- ------------
* Unannualized.
29
<PAGE>
- --------------------------------------------------------------------------------
EQUI-VEST CUMULATIVE RATES OF RETURN FOR PERIODS ENDING DECEMBER 31, 1995:
- --------------------------------------------------------------------------------
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS
-------- --------- ---------
<S> <C> <C> <C>
MONEY MARKET 4.32% 8.74% 16.40%
Lipper Money Market 4.35 8.87 16.48
3-Month T-Bill 5.74 13.58 24.45
INTERMEDIATE GOVERNMENT
SECURITIES 11.81 15.08 --
Lipper U.S. Government 15.47 20.05 --
Lehman Intermediate Government 14.41 21.60 --
QUALITY BOND 15.46 -- --
Lipper Corporate Bond A-Rated 18.15 -- --
Lehman Aggregate 18.47 -- --
HIGH YIELD 18.32 37.86 87.54
Lipper High Yield 17.36 32.45 108.96
Master High Yield 19.91 38.89 120.85
GROWTH & INCOME 22.42 -- --
Lipper Growth & Income 31.18 -- --
75% S&P 500/25% Value Line Conv. 34.93 -- --
EQUITY INDEX 34.66 -- --
Lipper S&P 500 Index Funds 35.31 -- --
S&P 500 37.54 -- --
COMMON STOCK 30.64 55.23 114.65
Lipper Growth 31.08 41.29 107.30
S&P 500 37.54 53.30 115.25
GLOBAL 17.23 58.64 100.53
Lipper Global 13.87 46.36 55.44
MSCI World 20.72 55.39 74.20
INTERNATIONAL* -- -- --
Lipper International -- -- --
MSCI EAFE -- -- --
AGGRESSIVE STOCK 29.87 41.93 150.26
Lipper Small Company Growth 28.19 55.24 268.67
50% Russell 2000/50% S&P MidCap 29.69 46.89 150.49
The Asset Allocation Series:
CONSERVATIVE INVESTORS 18.79 22.82 51.55
Lipper Income 21.25 31.95 76.42
70% Lehman Treas./30% S&P 500 24.11 34.58 74.09
BALANCED 18.13 18.76 59.39
Lipper Flexible Portfolio 21.58 30.92 72.73
50% S&P 500/50% Lehman Corp. 28.39 40.53 87.43
GROWTH INVESTORS 24.68 35.48 106.02
Lipper Flexible Portfolio 21.58 30.92 72.73
30% Lehman Corp./70% S&P 500 32.05 45.64 98.56
</TABLE>
(RESTUBBED TABLE CONTINUED FROM ABOVE)
<TABLE>
<CAPTION>
SINCE INCEPTION
10 YEARS 20 YEARS INCEPTION DATE
---------- ----------- ----------- -----------
<S> <C> <C> <C> <C>
MONEY MARKET 57.24% -- 111.32% 5/11/82
Lipper Money Market 58.55 -- 119.52
3-Month T-Bill 75.23 -- 141.98
INTERMEDIATE GOVERNMENT
SECURITIES -- -- 32.99 4/1/91
Lipper U.S. Government -- -- 43.43
Lehman Intermediate Government -- -- 45.17
QUALITY BOND -- -- 7.20 10/1/93
Lipper Corporate Bond A-Rated -- -- 10.67
Lehman Aggregate -- -- 15.09
HIGH YIELD -- -- 112.16 1/2/87
Lipper High Yield -- -- 117.28
Master High Yield -- -- 161.50
GROWTH & INCOME -- -- 19.38 10/1/93
Lipper Growth & Income -- -- 31.42
75% S&P 500/25% Value Line Conv. -- -- 38.14
EQUITY INDEX -- -- 34.60 3/1/94
Lipper S&P 500 Index Funds -- -- 34.65
S&P 500 -- -- 39.30
COMMON STOCK 260.01 1,210.04% 1,504.82 8/1/68
Lipper Growth 215.49 1,036.49 N/A
S&P 500 300.11 1,425.04 1,728.76
GLOBAL -- -- 119.39 8/27/87
Lipper Global -- -- 23.09
MSCI World -- -- 72.38
INTERNATIONAL* -- -- 9.60* 4/3/95
Lipper International -- -- 12.21*
MSCI EAFE -- -- 9.17*
AGGRESSIVE STOCK 353.28 -- 579.47 5/1/84
Lipper Small Company Growth 357.25 -- 588.33
50% Russell 2000/50% S&P MidCap 259.88 -- 465.90
The Asset Allocation Series:
CONSERVATIVE INVESTORS -- -- 63.44 10/2/89
Lipper Income -- -- 79.42
70% Lehman Treas./30% S&P 500 -- -- 87.24
BALANCED 135.32 -- 209.23 5/1/84
Lipper Flexible Portfolio 163.91 -- 248.20
50% S&P 500/50% Lehman Corp. 225.59 -- 359.14
GROWTH INVESTORS -- -- 133.02 10/2/89
Lipper Flexible Portfolio -- -- 76.92
30% Lehman Corp./70% S&P 500 -- -- 102.72
</TABLE>
YEAR-BY-YEAR RATES OF RETURN
<TABLE>
<CAPTION>
INTERMEDIATE
MONEY GOVERNMENT QUALITY HIGH GROWTH & EQUITY
MARKET SECURITIES BOND YIELD INCOME INDEX
-------- -------------- --------- -------- ---------- ---------
<S> <C> <C> <C> <C> <C> <C>
1986 5.17% --% --% --% --% --%
1987 5.23 -- -- 3.27* -- --
1988 5.94 -- -- 8.25 -- --
1989 7.72 -- -- 3.71 -- --
1990 6.82 -- -- (2.43) -- --
1991 4.69 10.94* -- 22.78 -- --
1992 2.16 4.17 -- 10.80 -- --
1993 1.58 9.09 (0.84)* 21.48 (0.59)* --
1994 2.62 (5.65) (6.37) (4.09) (1.90) (0.04)*
1995 4.32 11.81 15.46 18.32 22.42 34.66
</TABLE>
(RESTUBBED TABLE CONTINUED FROM ABOVE)
<TABLE>
<CAPTION>
COMMON INTER- AGGRESSIVE CONSERVATIVE GROWTH
STOCK GLOBAL NATIONAL STOCK INVESTORS BALANCED INVESTORS
-------- ---------- ---------- ------------ -------------- ---------- -----------
<S> <C> <C> <C> <C> <C> <C> <C>
1986 15.43% --% --% 21.75% --% 11.70% --%
1987 6.08 (13.67)* -- (1.13) -- (5.05) --
1988 21.55 9.38 -- (0.39) -- 13.27 --
1989 24.07 25.02 -- 42.87 2.75* 24.60 3.65*
1990 (9.27) (7.33) -- 5.73 4.97 (1.46) 9.12
1991 35.81 28.79 -- 84.57 18.23 40.02 46.90
1992 1.82 (1.86) -- (4.47) 4.36 (4.15) 3.52
1993 23.11 30.34 -- 15.17 9.27 10.80 13.71
1994 (3.48) 3.82 -- (5.11) (5.38) (9.27) (4.44)
1995 30.64 17.23 9.60* 29.87 18.79 18.13 24.68
</TABLE>
- ------------
* Unannualized
30
<PAGE>
STANDARDIZED COMPUTATION OF
PERFORMANCE FOR EQUI-VEST
The performance data in the following tables, which are prepared in a manner
prescribed by the SEC for use when we advertise the performance of the
Separate Account, illustrate the average annual total return of the
Investment Funds over the periods shown assuming a single initial
contribution of $1,000 and termination of the Contract at the end of each
period under circumstances in which the contingent withdrawal charge applies.
The values shown are also net of all other charges and expenses assessed
against the Investment Funds. An Investment Fund's average annual total
return is the annual rate of growth of the Investment Fund that would be
necessary to achieve the ending value of a contribution kept in the
Investment Fund for the period specified.
Since charges under the Contracts may vary, we have assumed, for each charge,
the highest that might apply. Each calculation further assumes that the
$1,000 contribution was allocated to only one Investment Fund, no transfers
or additional contributions were made, no loans, and no amounts were
allocated to any other Investment Fund under the Contract.
In order to calculate the standardized performance information, we divide the
termination value (defined below) of a Contract which is terminated on
December 31, 1995 by the $1,000 investment made at the beginning of each
period illustrated. The result of that calculation is the total growth rate
for the period. Then we annualize that growth rate to obtain the average
annual percentage increase (decrease) during the period shown. When we
"annualize," we assume that a single rate of return applied each year during
the period will produce the ending value, taking into account the effect of
compounding. "Termination value" means the Annuity Account Value less the
contingent withdrawal charge, the annual administrative charge and all other
charges and expenses which are applied against an Investment Fund. See "Part
8: Deductions and Charges."
TABLE 1: GROWTH OF $1,000 FOR CONTRACTS TERMINATED ON DECEMBER 31, 1995
<TABLE>
<CAPTION>
LENGTH OF INVESTMENT PERIOD
-------------------------------------------------------------
INVESTMENT THREE SINCE
FUND ONE YEAR YEARS FIVE YEARS TEN YEARS INCEPTION*
- --------------- ---------- ---------- ---------- ----------- ------------
<S> <C> <C> <C> <C> <C>
Money Market $ 967.14 $ 959.58 $ 969.16 $1,238.28 --
Intermediate
Government
Securities 1,036.61 1,017.18 -- -- $1,129.47
Quality Bond 1,070.42 -- -- -- 966.87
High Yield 1,096.88 1,227.61 1,622.29 -- 1,717.29
Growth & Income 1,134.90 -- -- -- 1,079.01
Equity Index 1,248.40 -- -- -- 1,227.00
Common Stock 1,211.15 1,382.15 1,874.49 2,984.60 --
Global 1,086.81 1,413.78 1,744.84 -- 1,801.98
International -- -- -- -- 1,021.40
Aggressive
Stock 1,204.92 1,266.93 2,242.97 3,878.98 --
Asset Allocation Series:
Conservative
Investors 1,101.32 1,089.58 1,296.10 -- 1,376.50
Balanced 1,095.13 1,050.79 1,362.92 1,906.80 --
Growth
Investors 1,155.92 1,206.38 1,796.08 -- 2,005.22
</TABLE>
TABLE 2: AVERAGE ANNUAL TOTAL RETURN UNDER CONTRACTS TERMINATED ON DECEMBER
31, 1995
<TABLE>
<CAPTION>
LENGTH OF INVESTMENT PERIOD
------------------------------------------------------
<S> <C> <C> <C> <C> <C>
Investment Three Five Ten Since
Fund One Year Years Years Years Inception*
- --------------- --------- --------- --------- ------- ------------
Money Market (3.29)% (1.37)% (0.62)% 2.16% --
Intermediate
Government
Securities 3.66 0.57 -- -- 2.60 %
Quality Bond 7.04 -- -- -- (1.49)
High Yield 9.69 7.07 10.16 -- 6.20
Growth & Income 13.49 -- -- -- 3.44
Equity Index 24.84 -- -- -- 11.80
Common Stock 21.11 11.39 13.39 11.55 --
Global 8.68 12.23 11.78 -- 7.31
International -- -- -- 2.14
Aggressive
Stock 20.49 8.21 17.53 14.52 --
Asset Allocation Series:
Conservative
Investors 10.13 2.90 5.32 -- 5.25
Balanced 9.51 1.67 6.39 6.67 --
Growth
Investors 15.59 6.45 12.43 -- 11.79
</TABLE>
- --------
* Inception dates are as follows: Money Market (May 11, 1982);
Intermediate Government Securities (April 1, 1991); Quality Bond (October 1,
1993); High Yield (January 2, 1987); Growth & Income (October 1, 1993);
Equity Index (March 1, 1994); Common Stock (August 1, 1968); Global (August
27, 1987); International (April 3, 1995); Aggressive Stock (May 1, 1984);
Conservative Investors (October 2, 1989); Balanced (May 1, 1984) and Growth
Investors (October 2, 1989). The "Since Inception" number for the
International Fund is unannualized.
31
<PAGE>
- ------------------------------------------------------------------------------
MOMENTUM Annualized Rates of Return for Periods Ending December 31, 1995:
- ------------------------------------------------------------------------------
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS
-------- --------- ---------
<S> <C> <C> <C>
MONEY MARKET 4.35% 2.85% 3.08%
Lipper Money Market 4.35 2.88 3.10
3-Month T-Bill 5.74 4.34 4.47
INTERMEDIATE GOVERNMENT
SECURITIES 11.81 4.80 --
Lipper U.S. Government 15.47 6.27 --
Lehman Intermediate Government 14.41 6.74 --
QUALITY BOND 15.46 -- --
Lipper Corporate Bond A-Rated 18.15 -- --
Lehman Aggregate 18.47 -- --
HIGH YIELD 18.32 11.30 13.41
Lipper High Yield 17.36 9.80 15.79
Master High Yield 19.91 11.57 17.17
GROWTH & INCOME 22.42 -- --
Lipper Growth & Income 31.18 -- --
75% S&P 500/25% Value Line
Conv. 34.93 -- --
EQUITY INDEX 34.66 -- --
Lipper S&P 500 Index Funds 35.31 -- --
S&P 500 37.54 -- --
COMMON STOCK 30.64 15.79 16.51
Lipper Growth 31.08 12.09 15.53
S&P 500 37.54 15.30 16.57
GLOBAL 17.23 16.63 14.94
Lipper Global 13.87 13.45 9.10
MSCI World 20.72 15.83 11.74
INTERNATIONAL* -- -- --
Lipper International -- -- --
MSCI EAFE -- -- --
AGGRESSIVE STOCK 29.97 12.48 20.23
Lipper Small Company Growth 28.19 15.26 25.72
50% Russell 2000/50% S&P MidCap 29.69 13.67 20.16
The Asset Allocation Series:
CONSERVATIVE INVESTORS 18.79 7.10 8.68
Lipper Income 21.25 9.65 11.99
70% Lehman Treas./30% S&P 500 24.11 10.41 11.73
BALANCED 18.13 5.90 9.77
Lipper Flexible Portfolio 21.58 9.32 11.43
50% S&P 500/50% Lehman Corp. 28.39 12.01 13.39
GROWTH INVESTORS 24.68 10.66 15.56
Lipper Flexible Portfolio 21.58 9.32 11.43
30% Lehman Corp./70% S&P 500 32.05 13.35 14.70
</TABLE>
(RESTUBBED TABLE CONTINUED FROM ABOVE)
<TABLE>
<CAPTION>
SINCE INCEPTION
10 YEARS 20 YEARS INCEPTION DATE
---------- ---------- ----------- -----------
<S> <C> <C> <C> <C>
MONEY MARKET 4.63% -- 5.64% 5/11/82
Lipper Money Market 4.71 -- 5.91
3-Month T-Bill 5.77 -- 6.68
INTERMEDIATE GOVERNMENT
SECURITIES -- -- 6.19 4/1/91
Lipper U.S. Government -- -- 7.87
Lehman Intermediate Government -- -- 8.17
QUALITY BOND -- -- 3.14 10/1/93
Lipper Corporate Bond A-Rated -- -- 4.58
Lehman Aggregate -- -- 6.46
HIGH YIELD -- -- 8.73 1/2/87
Lipper High Yield -- -- 8.87
Master High Yield -- -- 11.28
GROWTH & INCOME -- -- 8.20 10/1/93
Lipper Growth & Income -- -- 12.76
75% S&P 500/25% Value Line
Conv. -- -- 15.45
EQUITY INDEX -- -- 17.58 3/1/94
Lipper S&P 500 Index Funds -- -- 17.62
S&P 500 -- -- 19.89
COMMON STOCK 13.67 13.75% 10.69 8/1/68
Lipper Growth 12.05 12.79 N/A
S&P 500 14.87 14.59 11.18
GLOBAL -- -- 9.88 8/27/87
Lipper Global -- -- 2.52
MSCI World -- -- 6.75
INTERNATIONAL* -- -- 9.60* 4/3/95
Lipper International -- -- 12.21*
MSCI EAFE -- -- 9.17*
AGGRESSIVE STOCK 16.42 -- 17.97 5/1/84
Lipper Small Company Growth 16.42 -- 18.71
50% Russell 2000/50% S&P MidCap 13.66 -- N/A
The Asset Allocation Series:
CONSERVATIVE INVESTORS -- -- 8.19 10/2/89
Lipper Income -- -- 9.79
70% Lehman Treas./30% S&P 500 -- -- 10.55
BALANCED 8.93 -- 10.16 5/1/84
Lipper Flexible Portfolio 10.13 -- 11.57
50% S&P 500/50% Lehman Corp. 12.53 -- 13.94
GROWTH INVESTORS -- -- 14.51 10/2/89
Lipper Flexible Portfolio -- -- 9.44
30% Lehman Corp./70% S&P 500 -- -- 11.97
</TABLE>
- ------------
* Unannualized
32
<PAGE>
- --------------------------------------------------------------------------------
MOMENTUM Cumulative Rates of Return for Periods Ending December 31, 1995:
- --------------------------------------------------------------------------------
<TABLE>
<CAPTION>
1 YEAR 3 YEARS 5 YEARS
-------- --------- ---------
<S> <C> <C> <C>
MONEY MARKET 4.35% 8.80% 16.40%
Lipper Money Market 4.35 8.87 16.48
3-Month T-Bill 5.74 13.58 24.45
INTERMEDIATE GOVERNMENT
SECURITIES 11.81 15.09 --
Lipper U.S. Government 15.47 20.05 --
Lehman Intermediate Government 14.41 21.60 --
QUALITY BOND 15.46 -- --
Lipper Corporate Bond A-Rated 18.15 -- --
Lehman Aggregate 18.47 -- --
HIGH YIELD 18.32 37.88 87.60
Lipper High Yield 17.36 32.45 108.96
Master High Yield 19.91 38.89 120.85
GROWTH & INCOME 22.42 -- --
Lipper Growth & Income 31.18 -- --
75% S&P 500/25% Value Line
Conv. 34.93 -- --
EQUITY INDEX 34.66 -- --
Lipper S&P 500 Index Funds 35.31 -- --
S&P 500 37.54 -- --
COMMON STOCK 30.64 55.23 114.65
Lipper Growth 31.08 41.29 107.30
S&P 500 37.54 53.30 115.25
GLOBAL 17.23 58.66 100.60
Lipper Global 13.87 46.36 55.44
MSCI World 20.72 55.39 74.20
INTERNATIONAL* -- -- --
Lipper International -- -- --
MSCI EAFE -- -- --
AGGRESSIVE STOCK 29.97 42.29 151.25
Lipper Small Company Growth 28.19 55.24 268.67
50% Russell 2000/50% S&P MidCap 29.69 46.89 150.49
The Asset Allocation Series:
CONSERVATIVE INVESTORS 18.79 22.83 51.59
Lipper Income 21.25 31.95 76.42
70% Lehman Treas./30% S&P 500 24.11 34.58 74.09
BALANCED 18.13 18.76 59.39
Lipper Flexible Portfolio 21.58 30.92 72.73
50% S&P 500/50% Lehman Corp. 28.39 40.53 87.43
GROWTH INVESTORS 24.68 35.49 106.08
Lipper Flexible Portfolio 21.58 30.92 72.73
30% Lehman Corp./70% S&P 500 32.05 45.64 98.56
</TABLE>
(RESTUBBED TABLE CONTINUED FROM ABOVE)
<TABLE>
<CAPTION>
SINCE INCEPTION
10 YEARS 20 YEARS INCEPTION DATE
---------- ---------- ----------- -----------
<S> <C> <C> <C> <C>
MONEY MARKET 57.24% -- 111.32% 5/11/82
Lipper Money Market 58.55 -- 119.52
3-Month T-Bill 75.23 -- 141.98
INTERMEDIATE GOVERNMENT
SECURITIES -- -- 33.03 4/1/91
Lipper U.S. Government -- -- 43.43
Lehman Intermediate Government -- -- 45.17
QUALITY BOND -- -- 7.20 10/1/93
Lipper Corporate Bond A-Rated -- -- 10.67
Lehman Aggregate -- -- 15.09
HIGH YIELD -- -- 112.31 1/2/87
Lipper High Yield -- -- 117.28
Master High Yield -- -- 161.50
GROWTH & INCOME -- -- 19.38 10/1/93
Lipper Growth & Income -- -- 31.42
75% S&P 500/25% Value Line
Conv. -- -- 38.14
EQUITY INDEX -- -- 34.60 3/1/94
Lipper S&P 500 Index Funds -- -- 34.65
S&P 500 -- -- 39.30
COMMON STOCK 260.01 215.12% 1,519.31 8/1/68
Lipper Growth 215.49 036.49 N/A
S&P 500 300.11 1,425.04 1,728.76
GLOBAL -- -- 119.53 8/27/87
Lipper Global -- -- 23.09
MSCI World -- -- 72.38
INTERNATIONAL* -- -- 9.60* 4/3/95
Lipper International -- -- 12.21*
MSCI EAFE -- -- 9.17*
AGGRESSIVE STOCK 357.25 -- 587.30 5/1/84
Lipper Small Company Growth 357.25 -- 588.33
50% Russell 2000/50% S&P MidCap 259.88 -- 465.90
The Asset Allocation Series:
CONSERVATIVE INVESTORS -- -- 63.51 10/2/89
Lipper Income -- -- 79.42
70% Lehman Treas./30% S&P 500 -- -- 87.24
BALANCED 135.32 -- 209.23 5/1/84
Lipper Flexible Portfolio 163.91 -- 248.20
50% S&P 500/50% Lehman Corp. 225.59 -- 359.14
GROWTH INVESTORS -- -- 133.12 10/2/89
Lipper Flexible Portfolio -- -- 76.92
30% Lehman Corp./70% S&P 500 -- -- 102.72
</TABLE>
YEAR-BY-YEAR RATES OF RETURN
<TABLE>
<CAPTION>
INTERMEDIATE
MONEY GOVERNMENT QUALITY HIGH GROWTH & EQUITY
MARKET SECURITIES BOND YIELD INCOME INDEX
-------- -------------- --------- -------- ---------- ---------
<S> <C> <C> <C> <C> <C> <C>
1986 5.27% --% --% --% --% --%
1987 5.27 -- -- 3.28* -- --
1988 5.94 -- -- 8.26 -- --
1989 7.72 -- -- 3.72 -- --
1990 6.82 -- -- (2.42) -- --
1991 4.69 10.94* -- 22.79 -- --
1992 2.19 4.18 -- 10.81 -- --
1993 1.59 9.10 (0.84) 21.50 (0.59)* --
1994 2.63 (5.65) (6.37) (4.09) (1.90) (0.04)*
1995 4.35 11.81 15.46 18.32 22.42 34.66
</TABLE>
<PAGE>
(RESTUBBED TABLE CONTINUED FROM ABOVE)
<TABLE>
<CAPTION>
COMMON INTER- AGGRESSIVE CONSERVATIVE GROWTH
STOCK GLOBAL NATIONAL STOCK INVESTORS BALANCED INVESTORS
-------- ---------- ---------- ------------ -------------- ---------- -----------
<S> <C> <C> <C> <C> <C> <C> <C>
1986 15.49% --% --% 21.95% --% 11.77% --%
1987 6.14 (13.67)* -- (1.00) -- (5.02) --
1988 21.55 9.39 -- (0.30) -- 13.27 --
1989 24.07 25.04 -- 42.95 2.75* 24.60 3.65*
1990 (9.27) (7.32) -- 5.76 4.98 (1.46) 9.13
1991 35.81 28.81 -- 84.65 18.24 40.02 46.92
1992 1.82 (1.85) -- (4.37) 4.37 (4.15) 3.53
1993 23.11 30.36 -- 15.28 9.28 10.81 13.72
1994 (3.48) 3.82 -- (5.03) (5.38) (9.27) (4.44)
1995 30.64 17.23 9.60* 29.97 18.79 18.13 24.68
</TABLE>
- ------------
* Unannualized
33
<PAGE>
STANDARDIZED COMPUTATION OF
PERFORMANCE FOR MOMENTUM
The performance data in the following tables, which are prepared in a manner
prescribed by the SEC for use when we advertise the performance of the
Separate Account, illustrate the average annual total return of the
Investment Funds over the periods shown, assuming a single initial
contribution of $1,000 and termination of participation under the MOMENTUM
Contract at the end of each period under circumstances in which the
contingent withdrawal charge applies. The values shown are also net of all
other charges and expenses assessed against the Investment Funds. An
Investment Fund's average annual total return is the annual rate of growth of
the Investment Fund that would be necessary to achieve the ending value of a
contribution kept in the Investment Fund for the period specified.
For purposes of the tables below, deduction of a quarterly administrative
charge equal to $7.50 is assumed, even though this charge does not currently
apply if the Retirement Account Value plus the amount of any Active Loan is
at least $25,000 as of the end of the quarter. Each calculation further
assumes that the $1,000 contribution was allocated to only one Investment
Fund, no transfers or additional contributions were made, no loans, and no
amounts were allocated to any other Investment Fund and the Participant has
not taken any loans.
In order to calculate the standardized performance information, we divide the
termination value (defined below) as of December 31, 1995 by the $1,000
contribution made at the beginning of each period illustrated. The result of
that calculation is the total growth rate for the period. Then we annualize
that growth rate to obtain the average annual percentage increase (decrease)
during the period shown. When we "annualize," we assume that a single rate of
return applied each year during the period will produce the ending value,
taking into account the effect of compounding. "Termination value" means the
Retirement Account Value less the contingent withdrawal charge, the quarterly
administrative charge and all other charges and expenses which are applied
against Separate Account assets. The contingent withdrawal charge will never
be greater than 6%. See "Part 8: Deductions and Charges."
GROWTH OF $1,000 FOR PARTICIPANT TERMINATED ON DECEMBER 31, 1995
<TABLE>
<CAPTION>
LENGTH OF INVESTMENT PERIOD
-------------------------------------------------------------
INVESTMENT THREE SINCE
FUND ONE YEAR YEARS FIVE YEARS TEN YEARS INCEPTION*
- --------------- ---------- ---------- ---------- ----------- ------------
<S> <C> <C> <C> <C> <C>
Money Market $ 967.55 $ 969.19 $ 996.14 $1,286.74 --
Intermediate
Government
Securities 1,036.77 1,025.22 -- -- $1,149.41
Quality Bond 1,071.69 -- -- -- 969.39
High Yield 1,099.67 1,238.27 1,640.09 -- 1,779.34
Growth & Income 1,139.87 -- -- -- 1,081.13
Equity Index 1,259.86 -- -- -- 1,233.08
Common Stock 1,220.48 1,401.72 1,890.59 3,057.26 --
Global 1,089.02 1,433.99 1,762.37 -- 1,860.98
International -- -- -- -- 1,021.37
Aggressive
Stock 1,213.90 1,279.87 2,246.95 3,939.40 --
Asset Allocation Series:
Conservative
Investors 1,104.37 1,096.63 1,311.33 -- 1,442.55
Balanced 1,097.82 1,058.25 1,381.82 1,951.87 --
Growth
Investors 1,162.09 1,215.83 1,813.57 -- 2,079.88
</TABLE>
AVERAGE ANNUAL TOTAL RETURN FOR PARTICIPANT
TERMINATED ON DECEMBER 31, 1995
<TABLE>
<CAPTION>
LENGTH OF INVESTMENT PERIOD
---------------------------------------------------
INVESTMENT THREE FIVE TEN SINCE
FUND ONE YEAR YEARS YEARS YEARS INCEPTION*
- --------------- -------- -------- -------- ------- ------------
<S> <C> <C> <C> <C> <C>
Money Market -3.25% -1.04% -0.08% 2.55% --
Intermediate
Government
Securities 3.68 0.83 -- -- 2.97%
Quality Bond 7.17 -- -- -- -1.37
High Yield 9.97 7.38 10.40 -- 6.62
Growth & Income 13.99 -- -- -- 3.53
Equity Index 25.99 -- -- -- 12.10
Common Stock 22.05 11.91 13.58 11.82 --
Global 8.90 12.77 12.00 -- 7.73
International -- -- -- -- 2.14
Aggressive
Stock 21.39 8.57 17.58 14.69 --
Asset Allocation Series:
Conservative
Investors 10.44 3.12 5.57 -- 6.04
Balanced 9.78 1.91 6.68 6.92 --
Growth
Investors 16.21 6.73 12.64 -- 12.44
</TABLE>
- -------
* Inception dates are as follows: Money Market (May 11, 1982);
Intermediate Government Securities (April 1, 1991); Quality Bond (October 1,
1993); High Yield (January 2, 1987); Balanced (May 1, 1984); Growth & Income
(October 1, 1993); Equity Index (March 1, 1994); Common Stock (August 1,
1968); Global (August 27, 1987); International (April 3, 1995); Aggressive
Stock (May 1, 1984); Conservative Investors (October 2, 1989); and Growth
Investors (October 2, 1989). The "Since Inception" number for the
International Fund is unannualized.
34
<PAGE>
COMMUNICATING PERFORMANCE DATA
In reports or other communications or in advertising material, we may
describe general economic and market conditions affecting the Separate
Account and the Trust and may compare the performance of the Investment Funds
with (1) that of other insurance company separate accounts or mutual funds
included in the rankings prepared by Lipper Analytical Services, Inc.,
Morningstar Inc., VARDS or similar investment services that monitor the
performance of insurance company separate accounts or mutual funds, (2) other
appropriate indices of investment securities and averages for peer universes
of funds which are described in this prospectus on pages 27 and 28, or (3)
data developed by us derived from such indices or averages. The Morningstar
Variable Annuity/Life Report consists of over 700 variable life and annuity
funds, all of which report their data net of investment management fees,
direct operating expenses and separate account charges. VARDS is a monthly
reporting service that monitors over 2,500 variable life and variable annuity
funds on performance and account information. Advertisements or other
communications furnished to present or prospective Contract Owners may also
include evaluations of an Investment Fund or Portfolio by financial
publications that are nationally recognized such as Barron's, Morningstar's
Variable Annuity Sourcebook, Business Week, Chicago Tribune, Forbes, Fortune,
Institutional Investor, Investment Adviser, Investment Dealer's Digest,
Investment Management Weekly, Los Angeles Times, Money, Money Management
Letter, Kiplinger's Personal Finance, Financial Planning, National
Underwriter, Pension & Investments, USA Today, Investor's Daily, The New York
Times and The Wall Street Journal.
35
<PAGE>
- --------------------------------------------------------------------------------
PART 4: THE GUARANTEED INTEREST ACCOUNT
- --------------------------------------------------------------------------------
The Guaranteed Interest Account is part of our general account and pays
interest at a guaranteed rate. The general account supports all of our policy
and contract guarantees, as well as our general obligations. The general
account is subject to regulation and supervision by the Insurance Department
of the State of New York and to the insurance laws and regulations of all
jurisdictions where we are authorized to do business. Because of applicable
exemptive and exclusionary provisions, interests in the general account have
not been registered under the Securities Act of 1933 (1933 ACT), nor is the
general account an investment company under the 1940 Act. Accordingly, the
general account is not subject to regulation under the 1933 Act or the 1940
Act. We have been advised that the staff of the SEC has not made a review of
the disclosures that are included in the prospectus for your information and
that relate to the general account and the Guaranteed Interest Account. These
disclosures, however, may be subject to certain generally applicable
provisions of the Federal securities laws relating to the accuracy and
completeness of statements made in prospectuses.
The amount that you as a Participant or Contract Owner have in the Guaranteed
Interest Account at any time is equal to the sum of all contributions and
transfers that have been allocated to that Account on your behalf plus
interest, less the sum of all amounts that have been withdrawn, transferred
or deducted.
Interest is credited to the Account every day. There are three levels of
interest rates simultaneously in effect in the Guaranteed Interest Account:
the minimum interest rate guaranteed over the life of the contract, the
yearly guaranteed interest rate for the calendar year, and the current
interest rate. Current interest rates are set periodically by Equitable Life,
at its discretion, according to procedures that Equitable Life reserves the
right to change. All interest rates are effective annual rates, but before
deduction of applicable administrative or contingent withdrawal charges.
The setting of current interest rates is handled differently for EQUI-VEST
and MOMENTUM.
For the MOMENTUM Program, quarterly "current" rates are established. The
current rate applies to the entire amount you have in the Guaranteed Interest
Account during the calendar quarter for which it is declared. We may change
the duration of future interest guarantee periods, but no interest guarantee
period will exceed one year. We also reserve the right to assign different
current rates by Transaction Date and different current and yearly guaranteed
rates to different plans based upon when the plan became enrolled in the
MOMENTUM Program. Generally, all plans that become enrolled in the MOMENTUM
Program in the same calendar year will be in the same class. A plan will be
considered enrolled in the MOMENTUM Program as of the earliest Participation
Date applicable to a Participant in that plan. All Participants within the
same plan will be subject to the same interest rates. Plans that converted
from EQUI-VEST Corporate Trusteed to MOMENTUM will be considered in the same
class, regardless of the date of the plan's enrollment under EQUI-VEST.
For EQUI-VEST Contracts, an interest rate is assigned to each allocation to
the Guaranteed Interest Account and the rate is guaranteed for a certain
period of time, depending on when the allocation is made. Therefore, for
these Contracts, different interest rates may apply to different amounts in
this Account. (An exception to this approach is made for Corporate Trusteed
and EDC Contracts issued to governmental employers in New York whose EQUI-
VEST funding arrangements became effective on or after July 1, 1989).
For MOMENTUM and EQUI-VEST, the yearly guaranteed interest rate for 1996 is
4% and for 1997 is 4%. The yearly guaranteed interest rate will never be less
than the minimum Contract guarantee of 3% (4% for EQUI-VEST Corporate
Trusteed Contracts, Series 100 and 200 NQ group certificates, and for
Participants in plans that converted to MOMENTUM from our EQUI-VEST Corporate
Trusteed Contract). At least 15 days before the beginning of a calendar year,
we will notify you in writing of the guaranteed interest rate for the next
year.
36
<PAGE>
- --------------------------------------------------------------------------------
PART 5: THE EQUI-VEST FIXED MATURITY ACCOUNT
- --------------------------------------------------------------------------------
ALLOCATIONS TO FIXED MATURITY PERIODS
The Fixed Maturity Account is only available under the EQUI-VEST Series 400
Contracts.
Your Fixed Maturity Account contains the Fixed Maturity Periods to which you
have made a contribution or transfer. Each amount contributed (including
amounts transferred) to a Fixed Maturity Period and held to that Period's
Expiration Date accumulates interest at the Rate to Maturity in effect on the
date of your contribution to that Period. Thus, your Rate to Maturity is the
interest rate your contribution will earn if your money remains in that Fixed
Maturity Period until its Expiration Date.
Your Maturity Amount in a Fixed Maturity Period on its Expiration Date is
your original contribution plus interest, using the Rate to Maturity in
effect on the date of your contribution (or transfer) for the Fixed Maturity
Period (less appropriate adjustments for any charges or premature
withdrawals).
Before maturity, you have a Market Adjusted Amount in each Fixed Maturity
Period to which you have made a contribution. The Market Adjusted Amount is
the present value of your Maturity Amount, discounted at the Rate to Maturity
in effect for new contributions on the date of the calculation. It thus
reflects whatever market value adjustment (see details below) would apply on
that day were you to withdraw the entire amount in your Fixed Maturity
Period. (On the Expiration Date, your Market Adjusted Amount equals your
Maturity Amount.)
Contributions may be made to one or more Fixed Maturity Periods; however, you
may not make more than one contribution to any one Fixed Maturity Period. You
may not make a contribution to a Fixed Maturity Period which has an
Expiration Date beyond the date on which annuity payments are to commence
under your Contract. If you have contributed funds to one or more Fixed
Maturity Periods you must select Maximum Fund Choice; transfers out of the
Guaranteed Interest Account will be restricted. See "Transfers" in Part 6.
AVAILABILITY OF FIXED MATURITY PERIODS
Subject to state regulatory approval, Fixed Maturity Periods are available as
Investment Options only to Owners of Series 400 Contracts.
We offer Fixed Maturity Periods ending on June 15 (or the preceding Business
Day) for each of the maturity years 1996 through 2006. Not all Fixed Maturity
Periods will be available in all states. As Fixed Maturity Periods expire, we
expect to add maturity years so that generally ten are available in most
states at any time.
RATES TO MATURITY AND PRESENT VALUE PER $100 OF MATURITY AMOUNT
Because the Maturity Amount of a contribution to a Fixed Maturity Period can
be determined at the time it is made, you can determine the amount required
to be contributed to a Fixed Maturity Period in order to produce a target
Maturity Amount (assuming no transfers or withdrawals are made and no charges
are allocated to the Fixed Maturity Period). The required contribution is the
present value of that Maturity Amount discounted at the Rate to Maturity on
the Transaction Date for the contribution.
The same approach as described above may also be used to determine the amount
which you would need to allocate to each Fixed Maturity Period in order to
create a series of constant Maturity Amounts for two or more years.
The Rates to Maturity that are available for new contributions can be
obtained from your agent or by calling (800) 841-0801.
OPTIONS AT EXPIRATION DATE
We will notify you at least 45 days before the Expiration Date of each Fixed
Maturity Period in which you have any money. You may elect one of the
following options to be effective at the Expiration Date:
(a) to transfer the Maturity Amount into any Fixed Maturity Period we
are then offering, or into any of our other Investment Options.
(b) to withdraw the Maturity Amount (subject to any contingent
withdrawal charge which may apply under your Contract).
If we have not received your election as of the Expiration Date, the Maturity
Amount in the expired Fixed Maturity Period will be transferred into the
Money Market Fund (or another Investment
37
<PAGE>
Option if required by state regulation). As to contracts issued in New York,
see New York Contracts--Fixed Maturity Account in Part 8: Deductions and
Charges.
MARKET VALUE ADJUSTMENT FOR TRANSFERS, WITHDRAWALS OR
TERMINATION PRIOR TO THE EXPIRATION DATE
Any withdrawal (including transfers, terminations and deductions) from a
Fixed Maturity Period prior to its Expiration Date will result in a positive
or negative market value adjustment, which is reflected in your Market
Adjusted Amount. The amount of the adjustment will depend on two factors: (a)
the difference between the Rate to Maturity on the date of your contribution
or transfer and the Rate to Maturity for the same Fixed Maturity Period on
the date of the calculation, and (b) the length of time remaining until the
Expiration Date. In general, if interest rates have risen between the time
when an amount was originally contributed to a Fixed Maturity Period and the
time it is withdrawn, the market value adjustment will be negative, and vice
versa; and the longer the period of time remaining until the Expiration Date,
the greater the impact of the interest rate difference. Therefore, it is
possible that a significant rise in interest rates could result in a
substantial reduction in your Market Adjusted Amount should you withdraw
before the Expiration Date.
The market value adjustment (positive or negative) resulting from a
withdrawal of all funds from a Fixed Maturity Period will be determined for
each contribution allocated to that Fixed Maturity Period as follows:
(1) We determine the Market Adjusted Amount on the Transaction Date as follows:
(a) We determine the Book Value that would be payable on the Expiration
Date, using the applicable Rate to Maturity. The Book Value equals
your contribution to the Fixed Maturity Period, reduced by any prior
withdrawals, transfers and charges and reflecting any prior market
value adjustments, accumulated at the Rate to Maturity on the date
of the contribution.
(b) We determine the time remaining in your Fixed Maturity Period (based
on the Transaction Date) and convert it to fractional years based on
a 365 day year (or on 366 day year in a leap year). For example
three years and 12 days becomes 3.0329.
(c) We determine the current Rate to Maturity which applies on the
Transaction Date to new contributions to the same Fixed Maturity
Period.
(d) We determine the present value of the Book Value payable at the
Expiration Date, using the period determined in (b) and the rate
determined in (c).
(2) We determine the Book Value as of the current date.
(3) We subtract (2) from the result in (1)(d). The result is the market value
adjustment applicable to such Fixed Maturity Period, which may be positive
or negative.
The market value adjustment (positive or negative) resulting from a
withdrawal of a portion of the amount in a Fixed Maturity Period will be a
percentage of the market value adjustment that would be applicable upon a
withdrawal of all funds from a Fixed Maturity Period. This percentage is
determined by (i) dividing the amount of the withdrawal or transfer from the
Fixed Maturity Period by (ii) the Market Adjusted Amount in such Fixed
Maturity Period prior to the withdrawal or transfer. See Appendix I for an
example.
The Rate to Maturity for new contributions to a Fixed Maturity Period is the
rate we have in effect for this purpose even if new allocations to that Fixed
Maturity Period would not be accepted at the time. If we do not have a Rate
to Maturity in effect for a Fixed Maturity Period to which the "current Rate
to Maturity" in (1)(c) would apply, we will use the rate at the next closest
Expiration Date. If we are no longer offering new Fixed Maturity Periods, the
"current Rate to Maturity" will be determined in accordance with our
procedures then in effect. For purposes of calculating the market value
adjustment only, we reserve the right to add up to 0.50% to the current rate
in (1)(c) above.
INVESTMENTS
Contributions received under the Contracts and allocated to Fixed Maturity
Periods will be held in a "nonunitized" separate account established by
Equitable Life under the laws of New York. The separate account provides an
additional measure of assurance that full payment of amounts due under the
Fixed Maturity Periods will be made. Under the New York Insurance Law, the
portion of the separate account's assets equal to the reserves and other
liabilities relating to the Contracts are not chargeable with liabilities
arising out of any other business we may conduct. Investments purchased with
amounts contributed to the Fixed Maturity Account
38
<PAGE>
(and any earnings on those amounts) are our property. Any favorable
investment performance on the assets held in the separate account accrues
solely to our benefit. Contract Owners do not participate in the performance
of the assets held in the separate account. We may, subject to applicable
state law, transfer all assets allocated to the separate account to our
general account. Regardless of whether assets supporting Fixed Maturity
Accounts are held in a separate account or our general account, all benefits
relating to the value in the Fixed Maturity Account are guaranteed by us.
We have no specific formula for establishing the Rates to Maturity for the
Fixed Maturity Periods. We expect the rates to be influenced by, but not
necessarily correspond to, among other things, the yields on the fixed income
securities to be acquired with amounts that are allocated to the Fixed
Maturity Periods at the time that the Rates to Maturity are established. Our
current plans are to invest such amounts in fixed income obligations,
including corporate bonds, mortgage backed and asset backed securities and
government and agency issues having durations in the aggregate consistent
with those of the Fixed Maturity Periods.
Although the foregoing generally describes our plans for investing the assets
supporting our obligations under the fixed portion of the Contracts, we are
not obligated to invest those assets according to any particular plan except
as may be required by state insurance laws nor will the Rates to Maturity we
establish be determined by the performance of the nonunitized separate
account. Interests held in the nonunitized separate account are registered
under the 1933 Act. See "Part 4: The Guaranteed Interest Account" for a
discussion of our general account.
39
<PAGE>
- --------------------------------------------------------------------------------
PART 6: PROVISIONS OF THE EQUI-VEST CONTRACTS
- --------------------------------------------------------------------------------
THE EQUI-VEST CONTRACT SERIES
EQUI-VEST is designed as a funding vehicle for either personal or
employer-sponsored retirement programs. EQUI-VEST may be offered either as an
individual Contract or as a group Contract with individual Certificates. The
difference is primarily one of state requirements; the basic provisions are
the same regardless of group or individual Contract form. Your Contract or
Certificate will indicate what form you have. Certain provisions of your
Conract may differ depending on the type of program purchased and the state
or date of issue. (See Part 1: "Summary" for a description of the types of
programs offered.) In this prospectus, we use a "series" number when
necessary to differentiate among Contracts. Currently, there are four series
of EQUI-VEST Contracts. You can identify the EQUI-VEST series you have by
referring to your confirmation notice, or you may contact your agent or call
our toll free number. In general, the series designations are:
<TABLE>
<CAPTION>
<S> <C>
- ------------------------------------- --------------
TSA, SEP, EDC, Annuitant Owned HR-10 Series 100
and Trusteed Contracts issued before
August 17, 1995.
IRA, QP IRA AND NQ Contracts issued
before January 3, 1994.
-------------------------------------------- ---------------
TSA, EDC, Annuitant Owned HR-10 and Series 200
Trusteed Contracts issued on or after
August 17, 1995. SEP Contracts issued
on or after August 17, 1995 and before
November 1, 1995. A Series 200 SEP
Contract will be issued in a state
where the Series 300 Contract has
not been approved.
-------------------------------------------- ---------------
IRA, QP IRA and NQ Contracts issued on or Series 300
after January 3, 1994 and before the date
Series 400 Contracts became available in
a state; and SEP Contracts issued on or
after November 1, 1995 in states which have
approved the Series 300 Contract.
--------------------------------------------- ---------------
IRA, QP IRA and NQ Contracts issued on or Series 400
after July 10, 1995 in states where approved.
--------------------------------------------- ---------------
</TABLE>
The provisions of your Contract may be restricted by any plan or agreement
relating to it or by applicable laws or regulations.
SELECTING INVESTMENT OPTIONS
You can choose one of the following two methods for selecting Investment
Options:
o Maximum Fund Choice, allowing you to allocate contributions to any
Investment Fund, the Guaranteed Interest Account and the Fixed Maturity
Periods; however, this election will result in restrictions in the
amount you can transfer out of the Guaranteed Interest Account; or
o Maximum Transfer Flexibility, allowing you to allocate contributions
only to the Balanced, Growth & Income, Equity Index, Common Stock,
Global, International, Aggressive Stock and Growth Investors Funds and
the Guaranteed Interest Account; and no transfer restrictions apply.
Once this selection is made, you may allocate contributions to, or transfer
among, only the Investment Options that you have chosen. After your Contract
is issued, you may request in writing to add any remaining Funds or eliminate
Funds that result in transfer restrictions, but we have the right to deny the
request. See "Transfers" elsewhere in this Section.
The Guaranteed Interest Account is always available as an Investment Option.
Subject to state regulatory approval, the Fixed Maturity Periods is available
to Owners of Series 400 Contracts. If you want to invest in the Fixed
Maturity Periods, you must select Maximum Fund Choice.
For Original Contracts, only the Guaranteed Interest Account and the Money
Market, Balanced, Common Stock and Aggressive Stock Funds are available. In
most cases, you may request to add additional Funds to your Original
Contract, although we have the right to deny such requests. See "Transfers"
elsewhere in this Section for the transfer restrictions applicable to
Original Contracts.
CONTRIBUTIONS UNDER THE CONTRACTS
Generally, contributions may be made at any time: in single sum amounts, on a
regular basis or as your financial situation permits. For some types of
retirement plans, contributions must be made by the employer.
40
<PAGE>
PROVISIONS OF THE EQUI-VEST CONTRACTS (Continued)
Contributions are credited as of the Transaction Date, providing they are
accompanied with complete information. All contributions made by check must
be drawn on a bank in the U.S., in U.S. dollars and made payable to Equitable
Life. All checks are accepted subject to collection.
Minimum amounts that may be contributed are as follows:
o IRA
--Series 100 and 200--$20
--Series 300 and 400--$50
o QP IRA
--Series 100 and 200--$1,000
--Series 300 and 400--$2,500
o NQ
--$1,000 (initial); $50
(initial for payroll
deduction)
--$50 (ongoing)
o All others --$20
We reserve the right to change minimum and maximum contribution amounts upon
90 days prior written notice.
Special Limits
NQ: Subsequent contributions to Series 100 NQ Contracts will be restricted
for Annuitants age 59 and older in states where individual Contracts are
issued. Subsequent contributions to Series 300 and 400 NQ Contracts may not
generally be accepted for Annuitants age 80 and older.
TSA: In certain cases, provided the total annual contribution to the
EQUI-VEST TSA will be at least $200 annually, we may accept contributions of
less than $20. Currently we do not accept contributions via direct TSA to TSA
transfers under Rev. Rul. 90-24 where any such funds were invested in a
custodial account under Code Section 403(b)(7) and are still subject to its
restrictions.
IRA: Contributions to IRA Contracts may be subject to maximums, as discussed
below and in "Part 10: Federal Tax & ERISA Matters." Subsequent contributions
may be "regular" IRA contributions, "rollover" contributions or "direct
transfers." A $2,000 annual limit applies to regular contributions, but not
to rollovers or direct transfers.
"Regular" IRA contributions may no longer be made for the taxable year in
which you attain 70 1/2 and thereafter. Rollover and direct transfer
contributions may be made after you attain age 70 1/2. However, any amount
contributed must be net of your required minimum distibution for the year in
which the rollover or direct transfer contribution is made.
Contributions to the Investment Funds and the
Guaranteed Interest Account
We allocate contributions to the Investment Funds and the Guaranteed Interest
Account on the Transaction Date according to your allocation percentages.
Allocation percentages can be changed at any time by writing to our
Processing Office or by using TOPS. The change will be effective on the
Transaction Date and will remain in effect for future contributions unless
another change is requested.
A contribution allocated to an Investment Fund purchases Accumulation Units
in that Investment Fund. The number of Accumulation Units purchased equals
the dollar amount of the contribution divided by the Accumulation Unit Value
for that Investment Fund computed for the Transaction Date on which we
receive the contribution at our Processing Office. The number of Accumulation
Units purchased will not vary because of any later change in the Accumulation
Unit Value. A description of the computation of the Accumulation Unit Value
is found in the SAI.
Contributions allocated to the Guaranteed Interest Account become part of our
general account on the Transaction Date and begin to accrue interest at the
guaranteed interest rate then in effect.
Contributions to the Fixed Maturity Account (Series 400 Contracts only)
You must provide specific instructions for contributions to the Fixed
Maturity Account. Contributions (or transfers) to a Fixed Maturity Period
will have the Rate to Maturity for the specified Period offered on the
Transaction Date. Contributions may be made to one or more Fixed Maturity
Periods; however, you may not make more than one contribution (or transfer)
to any one Fixed Maturity Period. In no event may contributions be made to
Fixed Maturity Periods with maturities beyond the date on which annuity
payments are to commence under your Contract. See "Distribution Options"
elsewhere in this Section.
Automatic Investment Program
Our Automatic Investment Program (AIP) provides for a specified amount to be
automatically deducted from a bank checking account, bank money market
account or credit union checking account and to be
41
<PAGE>
PROVISIONS OF THE EQUI-VEST CONTRACTS (Continued)
contributed into an NQ or IRA Contract on a monthly basis. AIP contributions
may be made to any Investment Option available under your Contract except the
Fixed Maturity Periods. You may elect AIP by properly completing the
appropriate form, which is available from your Equitable Life Agent, and
returning it to our Processing Office. You elect which day of the month
(other than the 29th, 30th or 31st) you wish to have your bank account
debited. That date, or the next Business Day if that day is a non-Business
Day, will be the Transaction Date. AIP is not available to QP IRA Contract
Owners.
You may cancel AIP at any time by notifying our Processing Office in writing.
Equitable Life is not responsible for any debits made to your account prior
to the time written notice of revocation is received at our Processing
Office.
ANNUITY ACCOUNT VALUE
Your Annuity Account Value for an EQUI-VEST Contract is the sum of your
amounts in the Investment Options, plus the amount in any loan reserve
account, including accrued interest. These amounts are defined below and
include your value in the Investment Funds, your value in the Guaranteed
Interest Account and your value in the Fixed Maturity Account. The loan
reserve account, applicable only to certain TSA and Corporate Trusteed
Contracts, is described in the SAI.
Value in the Investment Funds
Your value in an Investment Fund on any Business Day under your Contract is
equal to the number of your Accumulation Units in that Investment Fund times
the Accumulation Unit Value for that Fund for that date. Your number of
Accumulation Units in an Investment Fund at any time is equal to the sum of
Accumulation Units purchased by your contributions and transfers less any
Accumulation Units redeemed for withdrawals, transfers or deductions for
applicable charges.
The number of Accumulation Units you purchase or sell in any Investment Fund
is equal to the dollar amount of your transaction divided by the Accumulation
Unit Value for the Investment Fund on the Transaction Date. The number of
Accumulation Units you own will not vary because of any later change in the
Accumulation Unit Value. However, the Accumulation Unit Value varies with the
investment performance of the Fund, which in turn reflects the investment
income and realized and unrealized capital gains and losses of the
corresponding Portfolio, as well as Trust fees and expenses. The Accumulation
Unit Value is also stated after deduction of the Separate Account asset
charges relating to the Contracts. A description of the computation of the
Accumulation Unit Values is found in the SAI.
Accumulation Unit Values
The following tables show the Accumulation Unit Values, as of the last
Business Day for the periods shown, commencing with the initial offering of
each Fund under the Contracts indicated below.
EQUI-VEST: SERIES 100 AND 200*
<TABLE>
<CAPTION>
LAST INTERMEDIATE
BUSINESS MONEY GOVERNMENT QUALITY HIGH GROWTH & EQUITY
DAY OF MARKET SECURITIES BOND YIELD INCOME INDEX
- ------------- ------ ------------ ------- ------ -------- -------
<S> <C> <C> <C> <C> <C> <C>
December 1986 $18.22 -- -- -- -- --
December 1987 19.18 -- -- -- -- --
December 1988 20.32 -- -- -- -- --
December 1989 21.89 -- -- -- -- --
December 1990 23.38 -- -- -- -- --
December 1991 24.48 -- -- -- -- --
December 1992 25.01 -- -- -- -- --
December 1993 25.41 -- -- -- -- --
December 1994 26.08 $ 98.19 $ 93.87 $ 95.88 $ 98.86 $100.95
December 1995 27.22 109.80 108.38 113.44 121.02 135.94
March 1996 27.47 108.56 106.45 119.41 123.33 142.60
</TABLE>
(RESTUBBED TABLE CONTINUED FROM ABOVE)
<TABLE>
<CAPTION>
LAST
BUSINESS COMMON INTER- AGGRESSIVE CONSERVATIVE GROWTH
DAY OF STOCK GLOBAL NATIONAL STOCK INVESTORS BALANCED INVESTORS
- ------------- ------ ------- -------- ---------- ------------ -------- ---------
<S> <C> <C> <C> <C> <C> <C> <C>
December 1986 $ 52.10 -- -- $18.33 -- $14.69 --
December 1987 55.30 -- -- 18.15 -- 13.95 --
December 1988 67.22 -- -- 18.09 -- 15.80 --
December 1989 83.40 -- -- 25.86 -- 19.69 --
December 1990 75.67 -- -- 27.36 -- 19.40 --
December 1991 102.76 -- -- 50.51 -- 27.17 --
December 1992 104.63 -- -- 48.30 -- 26.04 --
December 1993 128.80 -- -- 55.68 -- 28.85 --
December 1994 124.32 $104.12 -- 52.88 $ 95.10 26.18 $ 96.31
December 1995 162.42 122.06 $104.15 68.73 112.97 30.92 120.08
March 1996 168.92 126.16 106.90 76.51 110.35 31.59 121.66
</TABLE>
42
<PAGE>
PROVISIONS OF THE EQUI-VEST CONTRACTS (Continued)
EQUI-VEST: SERIES 300 AND 400*
<TABLE>
<CAPTION>
LAST INTERMEDIATE
BUSINESS MONEY GOVERNMENT QUALITY HIGH GROWTH EQUITY
DAY OF MARKET SERIES BOND YIELD &INCOME INDEX
- ------------- ------- ------------ ------- ------ --------- -------
<S> <C> <C> <C> <C> <C> <C>
December 1994 $102.61 $ 98.19 $ 93.87 $ 95.88 $ 98.86 $100.95
December 1995 107.04 109.80 108.38 113.44 121.02 135.94
March 1996 108.02 108.56 106.45 119.41 123.33 142.60
* Series 400 Contracts were initially offered on July 10, 1995
</TABLE>
(RESTUBBED TABLE CONTINUED FROM ABOVE)
<TABLE>
<CAPTION>
LAST
BUSINESS COMMON INTER- AGGRESSIVE CONSERVATIVE GROWTH
DAY OF STOCK GLOBAL NATIONAL STOCK INVESTORS BALANCED INVESTORS
- ------------- ------- ------- -------- ---------- ------------ -------- ---------
<S> <C> <C> <C> <C> <C> <C> <C>
December 1994 $ 97.03 $104.12 -- $ 95.45 $ 95.10 $ 91.64 $ 96.31
December 1995 126.78 122.06 $104.15 123.95 112.97 108.26 120.08
March 1996 131.87 126.16 106.90 137.96 110.35 110.59 121.66
</TABLE>
Value in the Guaranteed Interest Account
Your value in the Guaranteed Interest Account on any Business Day is equal to
contributions and transfers made to the Guaranteed Interest Account plus
interest, less withdrawals, transfers and deductions for applicable charges.
Value in the Fixed Maturity Account
Your value in each Fixed Maturity Period on any Business Day is your Market
Adjusted Amount in that Period. See "Part 5: The Fixed Maturity Account."
TRANSFERS
You may transfer all or portions of your Annuity Account Value among the
Investment Options you have chosen at any time, subject to the restrictions
stated below. The amount transferred must be at least $300 or, if less, the
entire amount in the Investment Option.
o If you have selected to make only the Balanced, Growth & Income, Equity
Index, Common Stock, Global, International, Aggressive Stock and Growth
Investors Funds and the Guaranteed Interest Account available (Maximum
Transfer Flexibility), no transfer restrictions will apply among these
Funds and the Guaranteed Interest Account.
o If you have selected to make all Investment Options available (Maximum
Fund Choice), then the maximum amount which you may transfer in any
Contract Year from the Guaranteed Interest Account to any other
Investment Option is the greater of (a) 25% of the amount you had in the
Guaranteed Interest Account on the last day of the prior Contract Year
or (b) the total of all amounts you transferred from the Guaranteed
Interest Account to any other Investment Option in the prior Contract
Year.
o Transfers out of a Fixed Maturity Period other than at the Expiration
Date will result in a market value adjustment. See "Part 5: The Fixed
Maturity Account."
o Transfers may not be made to Fixed Maturity Periods to which you have
already made a contribution or transfer.
If you transfer money to the Guaranteed Interest Account from another
financial institution during your first Contract Year, and if you have
selected Maximum Fund Choice, you will be permitted, during the balance of
that Contract Year, to transfer up to 25% of such initial Guaranteed Interest
Account balance to any other Investment Option.
However, for Original Contract Owners, including Original Contract Owners who
elect to amend their Contract by selecting Maximum Transfer Flexibility, the
Money Market Fund is always available but we do not permit transfers into
that Fund from any other Investment Option. No other transfer limitations
apply to Original Contracts.
Upon 90 days advance notice, we have the right to change or establish
additional restrictions on transfers among the Investment Options.
A transfer request will be effective on the Transaction Date. Transfers in or
out of the Investment Funds will be at the Accumulation Unit Value next
computed after the Transaction Date. Transfers out of the Fixed Maturity
Periods will be at the Market Adjusted Amount on that Transaction Date.
Transfers into the Fixed Maturity Periods will be at the Rate to Maturity on
that Transaction Date. A transfer request does not change your percentages
for allocating current or future contributions among the Investment Options.
All transfers among the Investment Options will be confirmed in writing.
Written transfer requests should be sent directly to the Processing Office.
Your signed request for a transfer should specify your Contract number, the
43
<PAGE>
PROVISIONS OF THE EQUI-VEST CONTRACTS (Continued)
amounts to be transferred and the Investment Options to and from which the
amounts are to be transferred. You can use our TOPS service to make transfers
among any Investment Options other than the Fixed Maturity Periods. Please
contact your Equitable Life Agent or the Processing Office to receive the
form necessary to obtain a special code number required for TOPS.
AUTOMATIC TRANSFER OPTIONS
INVESTMENT SIMPLIFIER
We offer two automatic options for transferring amounts from the Guaranteed
Interest Account to the Investment Funds: the Fixed-Dollar and the Interest
Sweep. You may select either, but not both, of these options.
o Fixed Dollar Option
Under the Fixed-Dollar Option you may elect to have a fixed dollar amount
transferred out of the Guaranteed Interest Account and into the Investment
Funds of your choosing (unless transfers to the Money Market Fund are
prohibited) on a monthly basis. You can either specify the number of
monthly transfers or instruct us to continue to make monthly transfers
until amounts in the Guaranteed Interest Account are depleted. In order to
elect this option you must have a minimum amount of $5,000 in the
Guaranteed Interest Account on the date we receive your election form at
our Processing Office and you must elect to transfer at least $50 per
month. The Fixed-Dollar Option is subject to the Guaranteed Interest
Account transfer limitation described in "Transfers" in this Section.
The Fixed-Dollar Option relies upon the principles of dollar cost
averaging. Dollar cost averaging is an investment strategy whereby equal
dollar amounts are invested at regular intervals. By allocating fixed
amounts on a regularly scheduled basis--as opposed to allocating the total
amount at one particular time--an investor may be less susceptible to the
impact of market fluctuations. Although dollar cost averaging is designed
to lessen the impact of market fluctuations, it does not assure a profit
nor protect against loss in a declining market.
o Interest Sweep
Under the Interest Sweep Option, the amount transferred each month will
equal the amount of interest that has been credited to amounts you have in
the Guaranteed Interest Account from the last Business Day of the prior
month to the last Business Day of the current month. To be eligible for
this option you must have at least $7,500 in the Guaranteed Interest
Account on the date we receive your election and on the last Business Day
of each month thereafter.
You may elect either option by completing an election form and sending it
to our Processing Office. You can obtain a form from your Equitable Life
Agent. For the Fixed Dollar Option, the first monthly transfer will occur
on the last Business Day of the month in which we receive your election
form at our Processing Office. For the Interest Sweep, the first monthly
transfer will occur on the last Business Day of the month following the
month in which we receive your election form at our Processing Office.
Termination of Automatic Options
Automatic transfer options will terminate:
-- Under the Fixed-Dollar Option, when either the number of designated monthly
transfers have been completed or the amount you have in the Guaranteed
Interest Account has been depleted, as applicable; or
-- Under the Interest Sweep, when the amount you have in the Guaranteed
Interest Account falls below $7,500 (determined on the last Business Day of
the month) for two consecutive months; or
-- Under either option, on the date we receive your written request to --
terminate automatic transfers at our Processing Office or on the date your
Contract terminates.
LOANS (FOR TSA AND CORPORATE
TRUSTEED ONLY)
Unless restricted by the employer's plan, loans are permitted against the
Annuity Account Value of certain TSA and Corporate Trusteed Contracts only.
Loans under a Corporate Trusteed Contract, however, may not be available in
all states. Loans under TSA and Corporate Trusteed Contracts are restricted
by the rules of the Code. In addition, ERISA rules may apply to loans under
Corporate Trusteed Contracts and, when offered in the future, loans under
individual TSA contracts where the TSA plan is subject to Title I of ERISA.
Loans are not available under University TSA Contracts and under any TSA when
the Required Mini-
44
<PAGE>
PROVISIONS OF THE EQUI-VEST CONTRACTS (Continued)
mum Distributions Option has been elected. Also, loans are currently not
available under individual TSA Contracts where the TSA plan is subject to
Title I of ERISA; however, we expect to offer these loans beginning on or
after July 1, 1996 (approximately).
The EQUI-VEST program permits only one loan at any one time. Before a loan
can be made under either a Corporate Trusteed or TSA Contract, a properly
completed loan agreement and application must be signed. Participants should
read the terms and conditions contained in these documents carefully and
consult with a tax advisor before taking out a loan. A loan application form
can be obtained from your Equitable Life Agent, by writing to our Processing
Office or by calling our toll-free number. In the case of Corporate Trusteed
and certain TSA Contracts, the written consent of the Participant's spouse
will be required before a loan can be made. More details of the loan
provisions are stated in the Contract and on the loan agreement and
application form.
A loan will not be treated as a taxable distribution when made to the extent
that it conforms to Code limits. If the loan fails to qualify under Code
limits, or if interest and principal is not repaid when due, or in some
instances if service with the employer terminates, the amount borrowed and
not yet repaid may be treated as a taxable distribution.
The amount and terms of loans under TSA and Corporate Trusteed Contracts are
discussed in Part 4, "Additional Loan Provisions," in the SAI. The tax
consequences of failure to repay a loan are substantial and are discussed in
Part 10, "Federal Tax and ERISA Matters" and in Part 4 of the SAI.
ASSIGNMENT AND FUNDING CHANGES
Generally, the Contract Owner may not assign a Contract for any purpose;
however, an NQ Contract may be assigned for any purpose other than as
security for a loan. In addition, a trustee owner of a Trusteed Contract can
transfer ownership to the Annuitant. We will not be bound by an assignment
unless it is in writing and we have received it at the Processing Office. In
some cases, an assignment may have adverse tax consequences. See "Part 10:
Federal Tax and ERISA Matters."
An employer or trustee can change the funding vehicle for an EDC or Trusteed
Contract, respectively. You can change the funding vehicle for an NQ, TSA,
IRA or SEP Contract.
You may be able to move amounts you have invested with another carrier to
your EQUI-VEST Contract. To make such a change, funds must be remitted via
wire or check. Therefore, any assets accumulated under an existing program
will have to be liquidated. For example, existing insurance policies and
annuity Contracts funding a qualified plan must be converted into cash.
PARTIAL WITHDRAWALS AND
TERMINATION
You may withdraw funds from or terminate your Contract at any time before the
Contract annuitizes and while the Annuitant is alive. Subject to Code
restrictions you may withdraw funds from your Contract in any amount of at
least $300 but the Annuity Account Value should be at least $500 after the
withdrawal is made. Unless you specify otherwise, withdrawals will be taken
on a pro rata basis from the Investment Funds and the Guaranteed Interest
Account. We will make withdrawals from the Fixed Maturity Periods as you
direct. Partial withdrawals or terminations may result in a contingent
withdrawal charge, explained fully in "Part 8: Deductions and Charges."
Withdrawals are generally taxable and may be subject to tax penalty when the
withdrawal is taken prior to age 59 1/2 . In some cases, withdrawals or
termination may be prohibited or limited by the terms of your retirement
plan. We may be required to withhold income taxes from the amount withdrawn.
See Part 10: "Federal Tax and ERISA Matters." Partial withdrawals or
terminations of amounts held in the Fixed Maturity Periods prior to an
Expiration Date will result in a market value adjustment. See "Market Value
Adjustment for Transfers, Withdrawals or Termination Prior to the Expiration
Date" in Part 5.
To make a withdrawal or termination, you should complete a Request for
Disbursement form which leads you through the withdrawal process, step by
step. This form is available from your Agent or from our Processing Office.
In order to process your request, we may require additional information,
depending on the provisions of your Contract or retirement plan. If we have
received the information we require, the requested partial withdrawal or
termination will become effective on the Transaction Date and proceeds will
be mailed within seven days thereafter. If we receive only partially
completed information, we will return the request to you for completion prior
to processing.
We may terminate your Contract and pay your Annuity Account Value, less any
outstanding loan
45
<PAGE>
PROVISIONS OF THE EQUI-VEST CONTRACTS (Continued)
(and accrued interest) (1) if no contributions are made for three Contract
Years and the Annuity Account Value is less than $500, or (2) if you request
a partial withdrawal that would result in the Annuity Account Value falling
below $500. We may also terminate your Contract if no contributions are made
within 120 days from the Contract Date. For group certificates, we may
terminate your certificate if no contributions are made within 120 days from
the issue date.
The amount of any outstanding loan balance plus any applicable contingent
withdrawal charge on the loan balance will be deducted from the proceeds paid
upon termination.
For participants in a Texas Optional Retirement Program, Texas law permits
withdrawals only after one of the following distributable events occur:
attainment of age 701/2, death, retirement, or termination of employment in
all Texas public institutions of higher education. To make a withdrawal, a
properly completed written acknowledgment must be received from the employer.
If a distributable event occurs prior to your being vested, any amounts
provided by an employer's first-year matching contribution will be refunded
to the employer. We reserve the right to change these provisions without your
consent, but only to the extent necessary to maintain compliance with
applicable law.
THIRD PARTY TRANSFERS OR EXCHANGES
You may request that your Contract be exchanged for another contract or
certificate of the same type issued by another carrier at any time by
completing the Transfer/Rollover of Assets or 1035 Exchange to Another
Carrier form. This form contains specific delivery instructions and is
available from your Agent.
A contingent withdrawal charge and third party transfer charge, if
applicable, may be imposed on your Annuity Account Value prior to the
transfer or exchange. Any higher investment return which you anticipate as a
result of this transfer or exchange may be outweighed by the cost of these
charges, if applicable. See "Part 8: Deductions and Charges." Consult your
tax or legal advisor before making any such transfers or exchanges.
REQUIREMENTS FOR DISTRIBUTIONS
Payouts may be subject to applicable withdrawal charges. See "Part 8:
Deductions and Charges." Distributions may also be taxable and subject to tax
penalties. See "Part 10: Federal Tax and ERISA Matters." Amounts in the Fixed
Maturity Periods that are applied to a distribution option prior to an
Expiration Date will result in a market value adjustment. See "Market Value
Adjustment for Transfers, Withdrawals or Termination Prior to the Expiration
Date" in Part 5.
IRA, EDC, Annuitant-Owned HR-10, SEP, TSA and Trusteed Contracts are subject
to the Code's minimum distribution requirements for qualified plans.
Generally, distributions from these Contracts must commence by April 1 of the
calendar year following the calendar year in which you attain age 70 1/2.
Subsequent distributions must be made by December 31st of each calendar year.
If the required minimum distribution is not made, a penalty tax in an amount
equal to 50% of the difference between the amount required to be withdrawn
and the amount actually withdrawn may apply. See "Part 10: Federal Tax and
ERISA Matters" for a discussion of various special rules concerning the
minimum distribution requirements.
In addition, distributions from a qualified plan, including our prototype
plans through which Annuitant-Owned HR-10 Contracts are issued, may be
subject to the provisions of the plan document.
DISTRIBUTION OPTIONS
The Contract is an annuity contract, even though you may elect to receive
your benefits in a non-annuity form. In addition to a lump sum distribution
option, two other types of distribution options are available: income annuity
and flexible payment distribution options.
An annuity form of distribution option or "annuitization" pays out
contributions and earnings under the Contract in installments over a
specified period or over the Annuitant's life. Annuitization payments, if
selected, are calculated as of the annuitization date chosen, which is on
file with our Processing Office. You can change this date by writing to our
Processing Office any time before the date, subject to certain restrictions
as described in the Contract.
Except for EDC, Trusteed and NQ Contracts, the Contract Owner is always the
Annuitant. In an EDC or Trusteed Contract, the Annuitant is generally the
covered employee. For EDC Contracts, the employer is the Contract Owner and,
for Trusteed Contracts, the Owner is the trustee. For NQ Contracts, Contract
Owners may name an Annuitant other than themselves if they wish.
46
<PAGE>
PROVISIONS OF THE EQUI-VEST CONTRACTS (Continued)
For IRA retirement benefits subject to minimum distribution requirements, we
will send a form outlining the distribution options available before you
reach age 70 1/2 (if you have not annuitized before that time).
INCOME ANNUITY DISTRIBUTION OPTIONS:
o LIFE ANNUITY: An annuity which guarantees payments for the rest of the
Annuitant's life. Payments end with the last monthly payment before the
Annuitant's death. Because there is no death benefit associated with
this annuity form, it provides the highest monthly payment of any of the
life annuity distribution options. This is the normal form of annuity
payment for Annuitants under IRA Contracts who do not have a spouse at
their retirement date, and for SEP, Trusteed, TSA, Annuitant-Owned HR-10
and EDC (other than governmental EDC plans in New York) Contracts.
o LIFE ANNUITY-PERIOD CERTAIN: This annuity form guarantees payments for
the rest of the Annuitant's life. In addition, if the Annuitant dies
before the end of a selected period of time (the "certain period"),
payments will continue to the beneficiary for the balance of the certain
period. The certain period cannot exceed life expectancy (or joint life
expectancy for qualified retirement plans). A life annuity with a
certain period of 10 years is the normal form of annuity under NQ
Contracts.
o LIFE ANNUITY-REFUND CERTAIN: This annuity form guarantees payments for
the rest of the Annuitant's life. In addition, if the Annuitant dies
before the amount applied to purchase this annuity option has been
recovered, payments will continue to the beneficiary until that amount
has been recovered. This annuity option is available only as a fixed
annuity.
o PERIOD CERTAIN ANNUITY: This annuity form guarantees payments for a
specific period of time, usually 5, 10, 15 or 20 years, and does not
involve life contingencies. It does not permit any prepayment of the
unpaid principal, so you could not elect to receive part of the payments
as a single sum payment with the rest paid in monthly annuity payments.
This is the normal form of annuity for Annuitants in governmental EDC
plans in New York. Currently, this annuity option is available only as a
fixed annuity.
o JOINT AND SURVIVOR LIFE ANNUITY: This annuity form guarantees payments
for the rest of the Annuitant's life and, after his or her death,
continuation of payments to the survivor. Generally, unless the
Annuitant elects otherwise with the written consent of the spouse, this
will be the normal form of annuity payment under qualified plans and
certain TSAs for married Annuitants.
All of the life annuity distribution options outlined above (with the
exception of Joint and Survivor Life Annuity) are available as either Single
or Joint life annuities. Life annuity distribution options are not available
for Annuitants in governmental EDC plans in New York.
FIXED AND VARIABLE ANNUITY FORMS:
We offer the annuity distribution options outlined above in both fixed and
variable form, unless otherwise indicated. Fixed annuity payments, funded
through our general account, do not change and will be based on the tables of
guaranteed annuity payments in your Contract or on our then current annuity
rates, whichever is more favorable for the Annuitant. For all Annuitants, the
normal form of annuity provides for fixed payments. Variable payments will be
funded through your choice of the 13 Investment Funds of the Hudson River
Trust through the purchase of annuity units. The amount of each variable
annuity payment may fluctuate, depending upon the performance of the
Investment Fund. Variable benefits are not allowed for governmental EDC plans
in New York. See "Annuity Unit Values" in the SAI.
We also make the variable annuity distribution option available to owners of
our single premium deferred annuity (SPDA) contracts. SPDA contractholders
who are considering purchasing a variable distribution option should also
review "Part 2: Separate Account A and its Investment Funds," "Part 3:
Investment Performance," the Hudson River Trust prospectus (directly
following this prospectus) and the sections of the Statement of Additional
Information which discuss the variable annuity distribution option.
We may offer other forms not outlined here. Your Equitable Life Agent can
provide details.
For each annuity distribution option, we will issue a separate written
agreement putting the option into effect. Before we pay any annuity benefit,
we require the return of the Contract. If your Contract is lost, you must
provide us with a written statement to this effect.
47
<PAGE>
PROVISIONS OF THE EQUI-VEST CONTRACTS (Continued)
If, at the time you elect an annuity distribution option, the Annuity Account
Value is less than $2,000 or the initial payment under the option elected is
less than $20, we reserve the right to pay the Annuity Account Value in a
single sum rather than as payments under the annuity form chosen.
The size of the payments will depend on the form of annuity (fixed or
variable), the amount applied to purchase the annuity, the type of annuity
chosen and, in the case of a life annuity distribution option, the
Annuitant's age (or the Annuitant's and joint annuitant's ages) and in
certain instances, the sex of the Annuitant(s). Once an annuity distribution
option is chosen and payments have commenced, no change can be made, other
than transfers (if permitted in the future) among the investment funds if a
variable annuity is selected.
A $200 administrative charge currently applies if an income annuity
distribution option is chosen before five Contract Years have been completed.
This charge does not apply when our guaranteed rates are used to calculate
benefits. Beneficiaries do not pay this charge.
FLEXIBLE PAYMENT DISTRIBUTION OPTIONS:
o PARTIAL WITHDRAWALS: See "Partial Withdrawals and Termination" above.
O SYSTEMATIC WITHDRAWAL: You may elect either at the time of Contract
issue or any time thereafter to have an amount periodically withdrawn
from your Contract. (Currently not available for EDC, Trusteed, and
HR-10 Annuitant-Owned Contracts.) A check for the amount withdrawn will
be made payable to you and mailed to your address. You determine on
which day of the month (1st through 28th) you wish to have the
Systematic Withdrawal occur. A minimum Annuity Account Value in the
Investment Funds and the Guaranteed Interest Account of $20,000 is
required at the time this feature is elected and you may terminate it at
any time.
The amount withdrawn may be either the amount of interest earned under the
Guaranteed Interest Account or a fixed dollar amount of the Annuity Account
Value in the Investment Funds or in the Guaranteed Interest Account. When
the interest option is elected, a minimum of $20,000 must be maintained in
the Guaranteed Interest Account. No minimum Annuity Account Value is
required to be maintained when the fixed dollar option is elected.
Withdrawals may be scheduled monthly or quarterly, subject to minimum
amount of $300. Amounts withdrawn which are in excess of the 10% Free
Corridor amount are subject to the contingent withdrawal charge. See
"Contingent Withdrawal Charge" in Part 8.
o REQUIRED MINIMUM DISTRIBUTIONS OPTION: We offer a payment option, which
we call "Required Minimum Distributions Option," which is intended to
meet the minimum distribution requirements applicable to qualified
plans, IRAs, SEPs, TSAs, and EDC Contracts. See "Part 10, Federal Tax &
ERISA Matters." You may elect the Required Minimum Distributions Option
if the Annuitant is at least age 70 1/2 and your Contract has an Annuity
Account Value in the Investment Funds and the Guaranteed Interest
Account of at least $2,000. You can elect the Required Minimum
Distributions Option by filing the proper election form with us. If you
elect the Required Minimum Distributions Option, we will pay out of the
Annuity Account Value in the Investment Funds and the Guaranteed
Interest Account an amount which the Code requires to be distributed
from your Contract. If such amounts are insufficient and you hold
amounts in the Fixed Maturity Account, we will then pay out required
amounts from the Fixed Maturity Account. In performing this calculation,
we assume that the only funds subject to the Code's minimum distribution
requirements are those held under your Contract. We calculate the
Required Minimum Distributions Option amount based on the information
you give us, the various choices you make and certain assumptions.
Currently, the Required Minimum Distributions Option payments will be
made annually. We are not responsible for errors that result from
inaccuracies in the information you provide. The choices you can make
are described in Part 6 of the SAI.
You may elect the Required Minimum Distributions Option for each Contract
you own, subject to our rules then in effect. This election is revocable
except for EDC Contracts. The Required Minimum Distributions Option is not
available under Contracts that have an outstanding loan. Generally electing
this option does not restrict making partial withdrawals, or subsequently
electing an annuity distribution option.
The minimum check that will be sent is $300, or, if less, your Annuity
Account Value. If, after the deduction of the amount of the minimum distri-
48
<PAGE>
PROVISIONS OF THE EQUI-VEST CONTRACTS (Continued)
bution, the total Annuity Account Value is less than $500, we may terminate
the Contract and pay the Cash Value. See "Partial Withdrawals and
Termination" above.
Any applicable withdrawal charges will be deducted in addition to the
amount distributed under the Required Minimum Distributions Option.
Withdrawal charges will be deducted on a pro rata basis from the Investment
Funds and the Guaranteed Interest Account or, if there is an insufficient
amount in these Options, on a pro rata basis from the Fixed Maturity
Periods. See "Contingent Withdrawal Charge" in Part 8.
If you have a TSA that was purchased before December 31, 1986 and
transferred to EQUI-VEST, the amount of your pre-1987 account balance is
not subject to the minimum distribution rules at age 70 1/2. However,
post-1986 salary reduction contributions and all earnings since that date
are subject to these minimum distribution requirements.
o DEPOSIT OPTION: This distribution option is for NQ Contracts only.
Proceeds from your NQ Contract can be deposited for a period selected
(including one for as long as the Annuitant lives), and will be credited
with a guaranteed rate of interest for that period.
GUARANTEED DEATH BENEFIT
When the Annuitant Dies
Generally, upon receipt of due proof of the Annuitant's death, we will pay a
death benefit to the beneficiary named in your Contract. You designate the
beneficiary on the application. You may change your beneficiary by writing to
our Processing Office. The change is effective on the date the written
submission was signed. A beneficiary change request must be received by the
Processing Office before the submission of a death claim.
In general, the death benefit is equal to the greater of: (i) the Annuity
Account Value (less any outstanding loan and accrued interest, if any) and
(ii) the "minimum death benefit." The minimum death benefit will not be less
than all contributions made (less any applicable taxes and any outstanding
loan and accrued interest, if any) adjusted for total withdrawals. We will
pay the death benefit to the beneficiary in the form of an annuity
distribution option if you have chosen such form under your Contract. If no
annuity option is in effect at the Annuitant's death, the beneficiary will
receive the death benefit in a lump sum. However, subject to certain
exceptions in the Contract, our rules then in effect and any other applicable
legal requirements, the beneficiary may elect to: (a) apply the death benefit
to an annuity distribution option we offer, (b) apply the death benefit to
provide any other form of distribution option we offer, (c) elect any
combination of forms of distribution option, or (d) in certain circumstances,
continue the Contract.
For Series 300 and 400 Contracts only, if the Annuitant is also the Contract
Owner and the Owner/ Annuitant elects his or her spouse to be the sole
primary beneficiary and to be the Successor Annuitant and Contract Owner,
then the surviving spouse automatically becomes both the successor Contract
Owner and Annuitant, and no death benefit is payable until the surviving
spouse's death.
When the Contract Owner Dies Before the Annuitant (NQ Contracts Only)
For all NQ Contracts, when the Contract Owner is not the Annuitant and the
Contract Owner dies before any annuity distribution payments have begun, the
beneficiary named to receive the death benefit upon the Annuitant's death
will automatically succeed as Contract Owner. For Series 300 and 400
Contracts only, you have the right to designate a Successor Owner either on
the application form or in a written request sent to our Processing Office.
The Code requires that the original Contract Owner's entire interest in the
Contract be completely distributed to the named beneficiary by the fifth
anniversary of such Owner's death (unless an annuity distribution option is
elected and payments begin within one year after the Contract Owner's death
and are made over the beneficiary's life or over a period not exceeding the
beneficiary's life expectancy). If an annuity distribution option has not
been elected, as described above, we will pay any remaining Annuity Account
Value (less any applicable contingent withdrawal charge) on the fifth
anniversary of the Contract Owner's death. If the named beneficiary is the
Contract Owner's surviving spouse, no distributions are required as long as
both the surviving spouse and the Annuitant are living.
YOUR BENEFICIARY
You designate the beneficiary for the death benefit under the Contract on the
application. You may change your beneficiary by writing to our Processing
Office. The change is effective on the Transaction Date. The employer must be
the beneficiary under EDC plans and the trustee must be the beneficiary under
most Trusteed plans.
49
<PAGE>
PROVISIONS OF THE EQUI-VEST CONTRACTS (Continued)
The death benefit available to the beneficiary is determined as of the
Business Day due proof of death is received at our Processing Office. On that
Business Day, the Annuity Account Value is deducted from the Investment
Options and earns voluntary interest at an interest rate not less than the
rate required by law. If you have transferred the value of another Equitable
Life annuity contract to your EQUI-VEST Contract, the value of that
contract's minimum death benefit calculated as of the time of transfer will
be included in total contributions for purposes of calculating the minimum
death benefit.
If no benefit option is in effect at the Annuitant's death, the beneficiary
can select a lump sum option or one of the forms of annuity benefit. Under
certain circumstances the beneficiary may elect to continue the Contract. In
some cases, this may result in a deemed taxable distribution. Any option
selected must provide for distribution of the Annuity Account Value within
the period of time permitted by the Code. For EDC Contracts, benefits must be
distributed within a period not to exceed 15 years (or within the period of
the life expectancy of the surviving spouse if the spouse is the designated
beneficiary). See "Part 10: Federal Tax and ERISA Matters."
If a lump sum is selected, it is generally paid through the Equitable Life
Access Account(Trademark), an interest bearing checking account. A
beneficiary has immediate access to the proceeds by writing a check on the
account. We pay interest from the date the lump sum is deposited into the
Access Account until the date the Access Account is closed.
PROCEEDS
Application of proceeds from the Investment Funds to a variable annuity,
payment of a death benefit from the Investment Funds and payment of any
portion of the Annuity Account Value in the Investment Funds (less any
applicable withdrawal charge) will be made within seven days after the
Transaction Date. Payments or applications of proceeds from the Investment
Funds can be deferred for any period during which (1) the New York Stock
Exchange is closed or trading on it is restricted, (2) sales of securities or
determination of the fair value of an Investment Fund's assets is not
reasonably practicable because of an emergency, or (3) the SEC, by order,
permits us to defer payment in order to protect persons with interests in the
Investment Funds. We can defer payment of any portion of the Annuity Account
Value in the Guaranteed Interest Account and in the Fixed Maturity Account
for up to six months while you are living.
50
<PAGE>
- --------------------------------------------------------------------------------
PART 7: PROVISIONS OF THE MOMENTUM CONTRACT
AND SERVICES WE PROVIDE
- -------------------------------------------------------------------------------
UNDERSTANDING THE MOMENTUM PROGRAM
(EMPLOYERS AND PLAN TRUSTEES)
The MOMENTUM Program offers, pursuant to the terms of either the Master Trust
or the Pooled Trust, a group variable annuity contract as a funding vehicle
for Employers who sponsor qualified defined contribution plans. A defined
contribution plan is a retirement plan which provides for an individual
account for each plan participant and for benefits based solely on the
amounts contributed to such account and any income, expenses, gains and
losses. A qualified defined contribution plan is a defined contribution plan
that meets the requirements of Section 401(a) of the Code and applicable
Treasury regulations.
The Employer or Plan Trustee, as applicable, is responsible for determining
whether the MOMENTUM Contract is a suitable funding vehicle for its defined
contribution plan and should, therefore, carefully read this prospectus and
the MOMENTUM Contract before entering into the Contract.
As an Employer, subject to Equitable Life's underwriting requirements, you
can use the MOMENTUM Program to adopt the Master Plan and Trust, in which
case the Master Trust will be the sole funding vehicle for your plan. The
Master Trust is funded solely by the MOMENTUM Contract.
The Master Plan and Trust consists of Internal Revenue Service approved
master defined contribution plans all of which use the same basic plan
document. They include:
o a standardized and nonstandardized profit sharing plan (both with an
optional qualified cash or deferred arrangement pursuant to Section
401(k) of the Code); and
o a standardized and a nonstandardized defined contribution pension plan.
An Employer may adopt one or more of these plans. The plans are all
participant-directed, that is, the plan participants choose which Investment
Options to use for the investment of their plan accounts. The plans are
designed to meet the requirements of ERISA Section 404(c). See "Certain Rules
Applicable to Plans Designed to Comply With Section 404(c) of ERISA" in Part
10.
If you, as an Employer, elect our full service plan recordkeeping option,
then you must adopt our Master Plan and Trust. A description of such services
may be found under "Plan Recordkeeping Services" below. More information
about the Master Plan and Trust may be found in the SAI.
If you, as an Employer, want to use your own individually-designed or a
prototype qualified defined contribution plan, you may adopt the Pooled Trust
as a funding vehicle. The Pooled Trust is for investment only and may be used
as your plan's only funding vehicle or in addition to other funding vehicles.
The same group variable annuity contract (i.e., the MOMENTUM Contract) is
used under the Pooled Trust and the Master Plan and Trust. The Pooled Trust
is available for qualified defined contribution plans with either
participant-directed or trustee-directed investments. If you adopt the Pooled
Trust you will have elected our basic plan recordkeeping option. We may offer
to perform additional plan recordkeeping services for an additional charge.
Such services will be provided pursuant to the terms of a written service
agreement between us and the Plan Trustee.
Chase Manhattan Bank N.A. currently acts as the trustee under both the Pooled
Trust and the Master Plan and Trust. The sole responsibility of Chase
Manhattan Bank N.A. is to serve as a party to the MOMENTUM Contract. It has
no responsibility for the administration of the MOMENTUM Program or for any
distributions or duties under the MOMENTUM Contract. In certain states the
MOMENTUM Contract will only be issued directly to the Employer or Plan
Trustee and, accordingly, the Master Plan and Trust and the Pooled Trust will
not be available. As a consequence, Employers in those states will not be
able to use our full service plan recordkeeping option.
EMPLOYER'S RESPONSIBILITIES. If you adopt the Master Plan and Trust or if we
otherwise agree to provide the full service recordkeeping option pursuant to
a written service agreement, you, as the Employer and plan administrator,
will have certain responsibilities relating to the administration and
qualification of your plan, including:
o Sending us contributions at the proper time;
51
<PAGE>
PROVISIONS OF THE MOMENTUM Contract and Services We Provide (Continued)
o Determining the amount of all contributions for each Participant;
o Maintaining all personnel records necessary for administering your plan;
o Determining who is eligible to receive benefits;
o Forwarding to us all the forms that employees are required to submit;
o Arranging to have all reports distributed to employees and former
employees if you elect to have them sent to you;
o Arranging to have our prospectuses distributed;
o Filing an annual information return for your plan with the Internal
Revenue Service, if required;
o Providing us with the information needed for running special
non-discrimination tests, if you have a 401(k) plan or if your plan
accepts post-tax employee or employer matching contributions and making
any corrections if you do not pass the test;
o Selecting interest rates and monitoring default procedures, if you elect
to offer Participant loans in your plan; and
o Meeting the requirements of ERISA Section 404(c) if you, as Employer,
intend for your plan to comply with that section.
Other responsibilities of the Employer relating to the administration and
qualification of your plan are indicated in the plan recordkeeping services
agreement which is required for all plans that elect the full service plan
recordkeeping options.
We will give you guidance and assistance in the performance of your
responsibilities. The ultimate responsibility, however, rests with you.
If you, as an Employer, use an individually-designed or a prototype plan, you
already have most of these responsibilities, which generally will not be
increased in any way by your adoption of the Pooled Trust.
ADOPTING THE MOMENTUM PROGRAM
(EMPLOYERS AND PLAN TRUSTEES)
In addition to other installation forms and agreements, to adopt the Master
Plan and Trust, you, as the Employer, must complete a participation agreement
and have it executed on behalf of your company. To adopt the Pooled Trust, a
Plan Trustee must execute a Pooled Trust participation agreement. Return your
completed participation agreement to the address specified on the form. You
should keep copies of all completed forms for your own records. In addition,
either you, as Employer, or the Plan Trustee, as applicable, must complete a
contract application in order to participate in the MOMENTUM Contract.
Your Equitable Life Agent can help you complete the participation agreement
and the application for the MOMENTUM Contract. We recommend that the
participation agreement be reviewed by your tax or benefits advisor.
THE MOMENTUM CONTRACT
The MOMENTUM Program is funded through the MOMENTUM Contract, a combination
fixed and variable group annuity contract issued by Equitable Life. The
MOMENTUM Contract governs the Investment Options that are offered under the
MOMENTUM Program.
Bear in mind that the provisions of your plan or applicable laws or
regulations may be more restrictive than the MOMENTUM Contract. We reserve
the right to amend the MOMENTUM Contract without the consent of any other
person in order to comply with applicable laws and regulations. Such right
includes, but is not limited to, the right to conform the MOMENTUM Contract
to the Code, ERISA and applicable regulations.
SELECTING INVESTMENT OPTIONS
(EMPLOYERS AND PLAN TRUSTEES ONLY)
Subject to state regulatory approval, you, as Employer or Plan Trustee, can
elect to fund your plan with any number of the Investment Options available
under the Contract. This selection is made on the application. You may
request to change this selection subject to our rules then in effect. If you
elect to fund your plan with any one of the Intermediate Government
Securities, Quality Bond, High Yield or Conservative Investors Funds, you
must also select the Money Market Fund. If you select the above-listed Funds
and the Guaranteed Interest Account, certain restrictions will apply to
transfers out of the Guaranteed Interest Account. See "Transfers" in this
Section. Lastly, you, as Employer, must elect the Guaranteed Interest Account
as a funding option if you select only from among the Balanced, Growth &
Income, Equity Index, Common Stock, Global, International, Aggressive Stock
or Growth Investors Funds.
For Original Certificates, only the Guaranteed Interest Account and the Money
Market, Balanced,
52
<PAGE>
PROVISIONS OF THE MOMENTUM Contract and Services We Provide (Continued)
Common Stock and Aggressive Stock Funds are available and we do not permit
transfers into the Money Market Fund from any of the other Investment
Options.
CONTRIBUTIONS
Contributions may be made at any time and may be made only by the Employer or
Plan Trustee by either wire transfer or check. Participants should not send
contributions directly to Equitable Life. There is no minimum contribution.
All contributions made by check must be drawn on a bank in the U.S., in U.S.
dollars and made payable to Equitable Life. All checks are subject to
collection. Contributions are credited as of the Transaction Date, if they
are accompanied by properly completed forms. Failure to use the proper form,
or to complete the form properly, may result in a delay in crediting
contributions. Employers should send all contributions to Equitable Life at
the Processing Office. (See "Part 1: Summary.")
We allocate contributions to the Investment Options according to the
allocation percentages on the Participant's enrollment form or as later
changed. Under participant-directed plans, you, as Participant, will provide
those allocation percentages. In trustee-directed plans, the Plan Trustee
will provide those percentages. Employee and Employer contributions may be
allocated in different percentages.
By signing the enrollment form you are providing us with instructions to
allocate your contributions to the Money Market Fund (if that Fund has been
selected as an available Investment Option under your Employer's plan and) if
your allocation instructions on the form are incomplete (e.g., do not add up
to 100%). If your instructions add up to less than 100%, only the portion of
the contribution for which we do not have instructions will be allocated to
the Money Market Fund. If your instructions add up to more than 100%, the
entire amount of the contribution will be allocated to the Money Market Fund.
We will then notify your Employer or Plan Trustee and request that corrected
instructions be forwarded to us. If we do not receive corrected instructions
after three notices have been sent, but in no event later than 105 days from
the date a contribution is first credited to the Money Market Fund, we will
return to the Employer or Plan Trustee, as applicable, all contributions for
which notices had been sent, plus earnings.
If however, the Money Market Fund is not an available Investment Option under
your Employer's plan, we will return the contribution to the Employer or Plan
Trustee in five Business Days, if we have not received the signed form or
corrected allocation instructions, unless we have obtained your permission to
continue to hold the contribution.
If we receive your initial contribution before we receive your signed
enrollment form, we will allocate the initial contribution to the Guaranteed
Interest Account for five Business Days. If we do not receive either the
signed enrollment form or your consent to hold the initial contribution
pending receipt of the form by the fifth Business Day, we will return the
amount of the initial contribution to your Employer or Plan Trustee, as
applicable.
You, as a Participant, should review your confirmation notices carefully to
determine whether your contributions have been allocated correctly. A
certificate evidencing your participation under the MOMENTUM Contract will
also be sent to you.
Unless restricted by your Employer's plan, allocation percentages can be
changed at any time. To change your allocation instruction, you can file a
change of investment allocation form with your Employer or Plan Trustee. In
addition, your Employer may have opted to use our Telephone Operated Plan
Support (TOPS) system to enable you to change your allocation percentages
over the phone. The change will be effective on the Transaction Date and will
remain in effect for future contributions unless another change is requested.
A contribution allocated to an Investment Fund purchases Accumulation Units
in that Investment Fund based on the Accumulation Unit Value for that
Investment Fund computed for the Transaction Date on which we receive the
contribution at our Processing Office. Contributions allocated to the
Guaranteed Interest Account become part of our general account and begin to
accrue interest on the Transaction Date.
RETIREMENT ACCOUNT VALUE
The Retirement Account Value is the sum of the amounts that a Participant has
in the Guaranteed Interest Account and the Investment Funds. See "Part 4:
Guaranteed Interest Account".
The amount you have in an Investment Fund at any time is equal to the number
of Accumulation Units you have in that Investment Fund times the Accumulation
Unit Value for the Investment Fund for that Transaction Date. The number of
Accumulation Units in an Investment Fund at any time is equal to
53
<PAGE>
PROVISIONS OF THE MOMENTUM Contract and Services We Provide (Continued)
the sum of Accumulation Units purchased by contributions, transfers and loan
repayments (including principal and interest) less the sum of Accumulation
Units redeemed for withdrawals, transfers, loans or deductions for charges.
The number of Accumulation Units purchased or sold in any Investment Fund is
equal to the dollar amount of the transaction divided by the Accumulation
Unit Value for the Investment Fund for the applicable Transaction Date. The
number of Accumulation Units will not vary because of any later change in the
Accumulation Unit Value. The Accumulation Unit Value varies with the
investment performance of the corresponding Portfolios of The Hudson River
Trust, which in turn reflects the investment income and realized and
unrealized capital gains and losses of the Portfolios, as well as The Hudson
River Trust fees and expenses. The Accumulation Unit Value is also stated
after deduction of the Separate Account asset charges relating to the
MOMENTUM Contract. A description of the computation of the Accumulation Unit
Value is found in the SAI.
Accumulation Unit Values
The following table shows the Accumulation Unit Values, as of the last
Business Day for the periods shown, commencing with the initial offering of
each Fund under the MOMENTUM Contract.
<TABLE>
<CAPTION>
MOMENTUM
MONEY INTERMEDIATE
LAST BUSINESS MARKET GOVERNMENT QUALITY HIGH GROWTH & EQUITY
DAY OF FUND SECURITIES BOND YIELD INCOME INDEX
------------- ------ ------------ ------- ------ -------- -------
<S> <C> <C> <C> <C> <C> <C>
December 1993 $25.41 -- -- -- -- --
December 1994 26.08 $ 98.19 $ 93.87 $ 95.88 $ 98.86 $100.95
December 1995 27.22 109.80 108.38 113.44 121.02 135.94
March 1996 27.47 108.56 106.45 119.41 123.33 142.60
------------- ------ ------------ ------- ------ -------- -------
</TABLE>
(RESTUBBED TABLE CONTINUED FROM ABOVE)
<TABLE>
<CAPTION>
MOMENTUM
LAST BUSINESS COMMON AGGRESSIVE CONSERVATIVE GROWTH
DAY OF STOCK GLOBAL INTERNATIONAL STOCK INVESTORS BALANCED INVESTORS
------------- ------- ------- ------------- ---------- ------------ -------- ---------
<S> <C> <C> <C> <C> <C> <C> <C>
December 1993 $128.80 -- -- $55.68 -- $28.85 --
December 1994 124.32 $104.12 -- 52.88 $ 95.10 26.18 $ 96.31
December 1995 162.42 122.06 $104.15 68.73 112.97 30.92 120.08
March 1996 168.92 126.16 106.90 76.51 110.35 31.59 121.66
------------- ------- ------- ------------- ---------- ------------ -------- ---------
</TABLE>
TRANSFERS
Subject to certain restrictions, the MOMENTUM Contract permits transfers of
all or a portion of your Retirement Account Value among the Investment
Options at any time. Your Employer's plan may, however, impose restrictions
on transfers. We also offer an automatic transfer service described under
"Investment Simplifier: Automatic Transfer Service" in this section. There is
no charge for transfers.
Participant transfer requests can be made by filing a written request to
transfer with your Employer or Plan Trustee. Transfers may also be arranged
through the TOPS service. Please contact your Equitable Life Agent or the
Processing Office to receive the form necessary to obtain a special code
number required for TOPS transfers.
A transfer request will be effective on the Transaction Date and the transfer
will be made at the Accumulation Unit Value for that Transaction Date. A
transfer request does not change your percentages for allocating current or
future contributions among the Investment Options. All transfers among the
Investment Options will be confirmed in writing.
If your Employer elects to fund your plan with the Guaranteed Interest
Account and any of the Money Market, Intermediate Government Securities,
Quality Bond, High Yield, or Conservative Investors Funds, certain
limitations will apply to funds transferred out of the Guaranteed Interest
Account. During a Transfer Period, the maximum amount that may be transferred
from the Guaranteed Interest Account to any other Fund is the greater of: (i)
25% of the amount you had in the Guaranteed Interest Account as of the last
Business Day of the calendar year immediately preceding the current calendar
quarter or (ii) the total of all amounts you transferred out of the
Guaranteed Interest Account during the same calendar year. A TRANSFER PERIOD
is the calendar quarter in which the transfer request is made and the
preceding three calendar quarters. Generally, this means that new
Participants will not be able to transfer funds out of the Guaranteed
Interest Account during the first calendar quarter of their participation
under the Contract.
Transfers out of the Guaranteed Interest Account that were made at a time
when no transfer limitation is in effect will not be counted for purposes of
determining the maximum transfer amount if the transfer limitation
subsequently goes into effect.
If assets have been transferred to the MOMENTUM Contract from another funding
vehicle by the Em-
54
<PAGE>
PROVISIONS OF THE MOMENTUM Contract and Services We Provide (Continued)
ployer or Plan Trustee, you may for the remainder of the calendar year in
which the assets have been transferred, transfer up to 25% of the amount that
is initially allocated to the Guaranteed Interest Account on your behalf.
However, for Original Certificates, we do not permit transfers into the Money
Market Fund from any of the other Investment Options. No other transfer
limitations apply to Original Certificates.
INVESTMENT SIMPLIFIER: AUTOMATIC
TRANSFER OPTIONS
Your Employer can elect to provide two automatic transfer options out of the
Guaranteed Interest Account: the Fixed-Dollar Option and the Interest Sweep.
Except for Original Certificates, the Fixed-Dollar Option is subject to the
Guaranteed Interest Account transfer limitation described in "Transfers" in
this Section.
Under the Fixed-Dollar Option you may elect to have a fixed dollar amount
transferred out of the Guaranteed Interest Account and into the Investment
Funds of your choosing (except Money Market for Original Certificates) on a
monthly basis. You can either specify the number of monthly transfers or
instruct us to continue to make monthly transfers until amounts in the
Guaranteed Interest Account are depleted. In order to elect this option you
must have a minimum amount of $5,000 in the Guaranteed Interest Account on
the date we receive your election form and you must elect to transfer at
least $50 per month.
Under the Interest Sweep Option, the amount transferred each month will equal
the amount of interest that has been credited to amounts you have in the
Guaranteed Interest Account from the last Business Day of the prior month to
the last Business Day of the current month. To be eligible for this option
you must have at least $7,500 in the Guaranteed Interest Account on the date
we receive your election and on the last Business Day of each month
thereafter.
You may elect either option by filing an election form with your Employer or
Plan Trustee. For the Fixed Dollar Option, the first monthly transfer will
occur on the last Business Day of the month in which we receive your election
form at our Processing Office. For the Interest Sweep, the first monthly
transfer will occur on the last Business Day of the month following the month
in which we receive your election form at our Processing Office. Automatic
transfers will terminate:
o Under the Fixed-Dollar Option, when either the number of designated
monthly transfers have been completed or the amount you have in the
Guaranteed Interest Account has been depleted, as applicable; or
o Under the Interest Sweep, when the amount you have in the Guaranteed
Interest Account falls below $7,500 (determined on the last Business Day
of the month) for two consecutive months; or
o Under either option, on the date we receive your written request to
terminate automatic transfers or on the date your participation under
the MOMENTUM Contract terminates.
LOANS
The MOMENTUM Contract permits your Employer, or Plan Trustee, to withdraw
funds from your Retirement Account Value, without incurring a contingent
withdrawal charge, in order to make a loan to you under your Employer's plan.
Your Employer can tell you whether loans are available under your plan.
Employers who adopt the Master Plan and Trust may choose to offer its loan
feature. The availability of loans under an individually designed or
prototype plan depends on the terms of the plan.
If you are a partner who owns more than 10% of the business or a
shareholder-employee of an S Corporation who owns more than 5% of the
business, you presently may not borrow from your vested Retirement Account
Value without first obtaining a prohibited transaction exemption from the
Department of Labor (DOL). Consult with your attorney or tax advisor
regarding the advisability and procedures for obtaining such an exemption.
Participants should apply for a plan loan through their Employer or the Plan
Trustee, as applicable. Prior to the making of any plan loan, the Employer or
Plan Trustee, as applicable, and the Participant must first properly complete
and sign a loan agreement and application. Employers and Plan Trustees can
obtain loan application forms from their Equitable Life Agent, by writing to
our Processing Office or calling our toll-free number. Before taking a plan
loan, married Participants must generally obtain written spousal consent. In
addition, Participants should always consult their tax advisor before taking
out a plan loan.
Only one outstanding plan loan will be permitted at any time; any number of
takeover loans will be permitted at any time. The minimum loan is $1,000 and
the maximum is a percentage of your vested
55
<PAGE>
PROVISIONS OF THE MOMENTUM Contract and Services We Provide (Continued)
Retirement Account Value. See Part 4: Additional Loan Provisions in the SAI
and Part 10: Federal Tax and ERISA Matters of the prospectus. However, you
may not have both takeover loans and plan loans outstanding simultaneously.
While you have a plan loan outstanding, an amount equal to 10% of your loan
balance will be restricted, and may not be withdrawn from your Retirement
Account Value. Also you should refer to "Plan Loan Charges" in Part 8 for a
description of charges associated with plan loans.
The interest rate applicable to your plan loan will be set by your Employer
or the Plan Trustee under the terms of your Employer's plan. It is the
responsibility of each Employer or Plan Trustee to determine the interest
rate applicable to each loan. All interest (as well as principal) that you
pay will be added to your Retirement Account Value. The interest paid in
repaying a loan may not be deductible, but amounts paid as interest on your
loan will be taxable on distribution.
Plan loan repayments covering interest and principal will be due in
accordance with the repayment schedule determined in accordance with the
terms of the Employer's plan. Participants should send plan loan repayments
to the plan administrator and not to Equitable Life. All plan loan payments
made by the plan administrator to us must be made by check or wire transfer.
Checks must be drawn on a bank in the U.S., in U.S. dollars, made payable to
Equitable Life and are subject to collection.
A plan loan may be prepaid in whole or in part at any time. Any payments we
receive will first be applied to interest, with the balance applied to
repayment of the loan. Plan loan repayments will be allocated to the
Investment Options in accordance with the same allocation instructions used
in making the loan. However, a Participant may elect, in writing, to override
these instructions and allocate all plan loan repayments to the Guaranteed
Interest Account.
A plan loan will be in default if the amount of any scheduled repayment is
not received by us within 90 days of its due date, or if the Participant dies
or participation under the MOMENTUM Contract is terminated. We will then
treat the loan principal as a withdrawal subject to the contingent withdrawal
charge. See "Contingent Withdrawal Charge" in Part 8. See "Part 10: Federal
Tax and ERISA Matters" for the consequences of defaulting a plan loan and
other applicable tax matters.
WITHDRAWALS AND TERMINATION
Subject to any restrictions in your Employer's plan, the MOMENTUM Contract
allows your Employer or Plan Trustee, as applicable, to make a withdrawal
from a Retirement Account Value on behalf of a Participant by writing to our
Processing Office. Your request for withdrawal must be on the proper form
which is available from your Employer. If we have received the information we
require, the requested withdrawal will become effective on the Transaction
Date and proceeds will be mailed within seven days. Withdrawal proceeds will
be sent to your Employer or Plan Trustee, unless your Employer has elected
our full service plan recordkeeping option which provides for direct
distribution to Participants. If we receive only partially completed
information, we will return the request to the Employer or Plan Trustee for
completion prior to processing.
As a deterrent to premature withdrawal (generally prior to age 59 1/2 ) the
Code provides certain restrictions on and penalties for early withdrawals. In
addition, for payments made directly to Participants, we withhold income
taxes from the amount withdrawn unless an exception applies. See "Part 10:
Federal Tax and ERISA Matters."
The Employer or Plan Trustee may also terminate its entire participation
under the MOMENTUM Contract by writing to our Processing Office. In addition,
if your plan is found not to qualify under the Code, or, if you fail to
provide us with the Participant data necessary to administer the MOMENTUM
Contract, we may return the plan assets to the Employer or Plan Trustee.
Withdrawals or terminations may result in a contingent withdrawal charge,
explained fully in "Part 8: Deductions and Charges."
While you have a loan outstanding, an amount equal to 10% of your loan
balance will be restricted, and may not be withdrawn from your Retirement
Account Value.
FORFEITURES
Forfeitures can arise when a Participant who is not fully vested under a plan
terminates employment. Under the terms of the Master Plan and Trust and the
Pooled Trust, Equitable Life is directed under these circumstances to
withdraw the unvested portion of the Retirement Account Value and deposit
such amount in a Forfeiture Account, which is to be allocated to the Default
Option.
56
<PAGE>
PROVISIONS OF THE MOMENTUM Contract and Services We Provide (Continued)
We will re-allocate amounts in the Forfeiture Account as contributions in
accordance with instructions received by the Employer or Plan Trustee, as
applicable. Special rules apply to the application of the contingent
withdrawal charge when forfeitures have occurred. See "MOMENTUM Contract--
Contingent Withdrawal Charge" in Part 8.
DISTRIBUTION OPTIONS
The MOMENTUM Contract is an annuity contract, even though you may elect to
receive your benefits in another form.
Subject to the terms of your Employer's plan, payout options under the
MOMENTUM Contract include:
o Lump sum or partial withdrawals;
o Payments for as long as you live;
o Payments for as long as both you and your joint annuitant live; or
o Payments for a specific length of time (not longer than your life
expectancy or that of the joint life expectancy of you and your
designated beneficiary).
You may also be eligible for our "Automatic Minimum Withdrawal" feature,
which is designed to help you satisfy the Code's "minimum distribution"
requirements. Qualified plans are subject to the Code's minimum distribution
requirements. Generally, such distributions must commence by April 1 of the
calendar year following the calendar year in which the Participant attains
age 70 1/2. The plan administrator is responsible for complying with the
Code's minimum distribution requirements. For more information about the
minimum distribution requirements, see "Part 10: Federal Tax and ERISA
Matters."
Your choice may be subject to applicable withdrawal charges. see "Part 8:
Deductions and Charges."
ANNUITY DISTRIBUTION OPTIONS
The annuity distribution options available under the MOMENTUM Contract
include:
o LIFE ANNUITY: An annuity which guarantees payments to you for the rest
of your life. Payments end with the last monthly payment before your
death. Because there is no death benefit associated with this annuity
form, it provides the highest monthly payment of any of the life annuity
distribution options.
o LIFE ANNUITY-PERIOD CERTAIN: This annuity form also guarantees payments
to you for the rest of your life. In addition, if you die before a
previously selected minimum payment period (the "certain period") has
ended, payments will continue to your beneficiary for the balance of the
period certain. The minimum period is usually 5, 10, 15 or 20 years.
o LIFE ANNUITY-REFUND CERTAIN: This annuity form guarantees payments to
you for the rest of your life. In addition, if you die before the amount
applied to purchase this annuity option has been recovered, payments
will continue to your beneficiary until that amount has been recovered.
This option is available only as a fixed annuity.
o PERIOD CERTAIN ANNUITY: This annuity form guarantees payments to you for
a specific period of time, usually 5, 10, 15 or 20 years. If you die
before the period certain has ended, payments will continue to your
beneficiary for the balance of the period certain.
o QUALIFIED JOINT AND SURVIVOR LIFE ANNUITY: This annuity form guarantees
life income to you and, after your death, continuation of income to your
surviving spouse. Generally, unless married Participants elect otherwise
with the written consent of their spouse, this will be the normal form
of annuity payment for plans such as the Master Plan and Trust. See Part
10: "Federal Tax and ERISA Matters."
All of the life annuity distribution options outlined above (with the
exception of Qualified Joint and Survivor Life Annuity) are available as
either Single or Joint life annuities.
The MOMENTUM Contract also offers both fixed and variable annuity
distribution options. Fixed annuity payments, funded through our general
account, do not change and will be based on the tables of guaranteed annuity
values in the MOMENTUM Contract or on our current annuity rates, whichever is
more favorable for the Participant. For all Participants, our normal form of
annuity provides for fixed payments. Variable payments will be funded through
your choice of the 13 Investment Funds of the Hudson River Trust through the
purchase of annuity units.
We offer other forms not outlined here. Your Equitable Life Agent can provide
details.
ELECTING AN ANNUITY DISTRIBUTION
OPTION
In order to elect an annuity distribution option, a Retirement Account Value
must be at least $3,500.
57
<PAGE>
PROVISIONS OF THE MOMENTUM Contract and Services We Provide (Continued)
The size of the payments will depend on the amount applied to purchase the
annuity, the type of annuity chosen and, in the case of a life contingency
annuity distribution option, the Participant's age (or the Participant's and
joint annuitant's ages).
Once you choose an annuity distribution option and payments have commenced,
no change can be made, other than transfers among the investment funds if
permitted in the future and if a variable annuity is selected. Remember, as a
deterrent to premature withdrawal (generally prior to age 59 1/2) the Code
provides certain restrictions on and penalties for early withdrawals. See
"Part 10: Federal Tax and ERISA Matters."
MINIMUM DISTRIBUTIONS
(AUTOMATIC MINIMUM WITHDRAWAL)--OVER AGE 70 1/2
Under the Code, distributions from qualified plans must generally begin no
later than April 1st of the calendar year following the calendar year in
which the plan participant attains age 70 1/2 (the "required beginning
date"). Subsequent distributions must be made by December 31st of each
calendar year (including the calendar year of your required beginning date).
If the minimum distribution is not made, the plan participant may be required
to pay a penalty tax in an amount equal to 50% of the difference between the
amount required to be distributed and the amount actually distributed. See
"Part 10: Federal Tax and ERISA Matters" for a discussion of various special
rules concerning the minimum distribution requirements.
We offer a payment option which we call "Automatic Minimum Withdrawal," which
is intended to meet minimum distribution requirements. You may elect
Automatic Minimum Withdrawal if you, the Participant, are at least age 70 1/2
and have a Retirement Account Value of at least $3,500. You can elect
Automatic Minimim Withdrawal by filing the proper election form with your
Employer. If you elect Automatic Minimum Withdrawal, we will withdraw the
amount which the Code requires you to withdraw from your Retirement Account
Value. We calculate the Automatic Minimum Withdrawal amount based on the
information you give us, the various choices you make and certain
assumptions. In performing this calculation, we assume that the only funds
subject to the Code's minimum distribution requirements are those held under
the MOMENTUM Contract. In addition, we rely on the information you provide to
us, and we will not be responsible for errors that result from inaccuracies
in this information. The choices you can make are described in Part 6 of the
SAI.
Your Automatic Minimum Withdrawal election is revocable. Automatic Minimum
Withdrawal is not available to Participants who have an outstanding loan.
Generally, electing this option does not restrict you from taking additional
partial withdrawals or subsequently electing an annuity distribution option.
The minimum check that will be sent is $300, or, if less, your Retirement
Account Value.
Any applicable withdrawal charges will be deducted from your Retirement
Account Value in addition to the amount of the Automatic Minimum Withdrawal.
See "MOMENTUM Contract--Contingent Withdrawal Charge" in Part 8.
DEATH BENEFIT
In general, the death benefit is equal to the greater of: (i) the Retirement
Account Value and (ii) the "minimum death benefit."
The Master Plan and Trust and the Pooled Trust direct the automatic transfer
of a Retirement Account Value to the Default Option on the date Equitable
Life receives due proof of a Participant's death, unless the beneficiary
provides contrary instructions. All amounts are held in the default option
until your beneficiary requests a distribution or transfer.
The minimum death benefit equals all contributions made less withdrawals of
contributions (including loans that default upon death). For example, assume
that a $1,000 contribution is made, and that the contribution earns $1,000
(for a balance of $2,000). A $1,500 withdrawal is then made leaving a balance
of $500. Assume that a new $500 contribution is subsequently made. If the
participant subsequently dies, the minimum death benefit will be $500 because
there was a $500 contribution that had not been withdrawn, borrowed or
forfeited.
The law requires the distribution of benefits to be completed no more than
five years after the date of your death, unless payments of your benefit to a
designated beneficiary commence within one year after your death and are made
over the beneficiary's life or over a period not exceeding the beneficiary's
life expectancy. If the beneficiary is your surviving spouse, the spouse can
elect to begin distributions over the spouse's life or over a period not
exceeding the spouse's life expectancy at any time up to when
58
<PAGE>
PROVISIONS OF THE MOMENTUM Contract and Services We Provide (Continued)
you would have attained age 70 1/2. If you had already begun to receive
benefits, your beneficiary can continue to receive benefits based on the
payment option you selected. To designate a beneficiary or to change an
earlier designation, you should file a beneficiary designation with your plan
administrator. Your spouse must consent in writing to a designation of any
non-spouse beneficiary, as explained in "Distributions from Qualified Plans
and TSAs--Spousal Consent Rules" in Part 10.
If the Participant dies while a loan is outstanding, the loan will
automatically default and be subject to Federal income tax as a plan
distribution. This defaulted loan will also be treated as a withdrawal for
purposes of calculating the minimum death benefit. Defaulted takeover loans
will not, however, be considered withdrawals for this purpose.
The beneficiary may elect, subject to certain exceptions explained below,
Equitable Life's rules then in effect and any other applicable requirements
under the Code to: (a) receive the death benefit in a single sum, (b) apply
the death benefit to an annuity distribution option offered by Equitable
Life, (c) apply the death benefit to provide any other form of benefit
payment offered by Equitable Life, or (d) have the death benefit credited to
an account under the MOMENTUM Contract maintained on behalf of the
beneficiary in accordance with the beneficiary's investment allocation
instructions. If the beneficiary elects (d) then (1) the beneficiary will be
entitled to delay distribution of his or her account as permitted under the
terms of the Employer's plan and the minimum distribution rules under the
Code; (2) the value of the beneficiary's account will be determined at the
time of distribution to the beneficiary and, depending upon investment gains
or losses, may be worth more or less than the value of the beneficiary's
initial account and (3) if the beneficiary dies prior to taking a
distribution of his or her entire account the beneficiary of the deceased
beneficiary will be entitled to a death benefit as though the deceased
beneficiary were a Participant, based on the deceased beneficiary's initial
account.
If you die before your entire vested benefit has been distributed to you, any
remaining benefits will be payable to your beneficiary.
Our consultants can explain these and other requirements affecting death
benefits if you call them at 1-800-528-0204.
PAYMENTS OF PROCEEDS
Payments of proceeds from the Investment Funds will be made within seven days
of the Transaction Date. Payments or applications of proceeds from the
Investment Funds can be deferred for any period during which (1) the New York
Stock Exchange has been closed or trading on it is restricted, (2) sales of
securities or determination of the fair market value of an Investment Fund's
assets is not reasonably practicable because of an emergency, or (3) the SEC,
by order, permits us to defer payment in order to protect persons with
interests in the Investment Funds.
We can defer payment of any portion of your Retirement Account Value in the
Guaranteed Interest Account for up to six months while you are living.
PLAN RECORDKEEPING SERVICES
Equitable Life offers two plan recordkeeping options, one of which must be
elected for each plan. Employers can elect our basic plan recordkeeping
service option, which includes:
o Accounting by Participant;
o Accounting by Source;
o Provision of annual 5500 series Schedule A report information for use in
making the plan's annual report to the Internal Revenue Service (IRS)
and DOL; and
o Plan loan processing, if applicable.
As an added service under our Basic Recordkeeping Service, Employers may
enter into a written agreement with Equitable Life whereby Equitable Life,
based on information submitted by Employers, direct distribution of plan
benefits and withdrawals to participants, including tax withholding and
reporting to the IRS. The written agreement specifies the fees for such
service.
The MOMENTUM Program also offers a full service plan recordkeeping option;
Employers who elect this option must adopt the Master Plan and Trust. This
option is only available to Employers who have adopted the Master Plan and
Trust. If this option is chosen, Equitable Life will provide the following
plan recordkeeping services in addition to the services described above:
o Master Plan and Trust documents approved by the Internal Revenue Service
(IRS);
o Assistance in interpreting the Master Plan and Trust, including plan
installation and ongoing administrative support;
o Assistance in annual reporting with the IRS and DOL;
59
<PAGE>
PROVISIONS OF THE MOMENTUM Contract and Services We Provide (Continued)
o Plan administration manual and forms (including withdrawal, transfer,
loan processing, and account allocation forms);
o Performance of vesting calculations;
o Performance of special non-discrimination tests applicable to Code
Section 401(k) plans;
o Tracking of hardship withdrawal amounts in Code Section 401(k) plans;
and
o Direct distribution of plan benefits and withdrawals to Participants,
including tax withholding and reporting to the IRS.
Any additional services that Equitable Life will provide are indicated in the
plan recordkeeping services agreement. This agreement is required for
Employers or Plan Trustees who elect the full service recordkeeping option
and specifies the fees for the services to be provided. See "MOMENTUM
Contract--Charge for Plan Recordkeeping Services" in Part 8.
60
<PAGE>
- --------------------------------------------------------------------------------
PART 8: DEDUCTIONS AND CHARGES
- --------------------------------------------------------------------------------
ALL CONTRACTS
Most charges applied to your Contract apply to all Investment Options.
However, Trust Charges to Portfolios and Charges to Investment Funds do not
apply to the Guaranteed Interest Account or to the Fixed Maturity Account.
See "Allocation of Certain Charges to the Fixed Maturity Account" below.
TRUST CHARGES TO PORTFOLIOS
Investment advisory fees charged daily against the Trust's assets, direct
operating expenses of the Trust (such as trustees' fees, expenses of
independent auditors and legal counsel, bank and custodian charges and
liability insurance), and certain investment-related expenses of the Trust
(such as brokerage commissions and other expenses related to the purchase and
sale of securities), are reflected in each Portfolio's daily share price. The
maximum investment advisory fees paid annually by the Portfolios cannot be
increased without a vote of that Portfolio's shareholders. The maximum fees
are as follows:
<TABLE>
<CAPTION>
DAILY AVERAGE NET ASSETS
-------------------------------
FIRST
$350 NEXT $400 OVER $750
MILLION MILLION MILLION
--------- --------- ---------
<S> <C> <C> <C>
Common Stock,
Money Market
and Balanced ...... .400% .375% .350%
Aggressive Stock
and Intermediate
Government
Securities ........ .500% .475% .450%
High Yield, Global,
Conservative
Investors and
Growth Investors . .550% .525% .500%
</TABLE>
<TABLE>
<CAPTION>
DAILY AVERAGE NET ASSETS
-------------------------------
FIRST
$500 NEXT $500 OVER $1
MILLION MILLION BILLION
--------- --------- ---------
<S> <C> <C> <C>
Quality Bond and
Growth and
Income ......... .550% .525% .500%
</TABLE>
<TABLE>
<CAPTION>
FIRST
$750 NEXT $750 OVER $1.5
MILLION MILLION BILLION
--------- --------- ---------
<S> <C> <C> <C>
EQUITY INDEX . .350% .300% .250%
</TABLE>
<TABLE>
<CAPTION>
FIRST
$500 NEXT $1 OVER $1.5
MILLION BILLION BILLION
--------- --------- ---------
<S> <C> <C>
International . .900% .850% .800%
</TABLE>
Investment advisory fees are established under investment advisory agreements
between the Trust and its investment adviser, Alliance. All of these fees and
expenses are described more fully in the Trust prospectus. Since Trust shares
are purchased at their net asset value, these fees and expenses are, in
effect, passed on to the Separate Account and are reflected in the
Accumulation Unit Values for the Investment Funds.
CHARGES FOR STATE PREMIUM AND OTHER
APPLICABLE TAXES
Currently, we deduct a charge for applicable taxes, such as state or local
premium taxes, from the amount applied to provide an annuity distribution
option if elected. The current tax charge that might be imposed varies by
state and ranges from 0% to 3.5%; however, the rate is 1% in Puerto Rico and
5% in the Virgin Islands.
We reserve the right to deduct any such charge from each contribution or from
distributions or upon termination. If we have deducted any applicable tax
charges from contributions, we will not deduct a charge for the same taxes at
a later time. If, however, an additional tax is later imposed upon us when
you withdraw from, terminate or annuitize, we reserve the right to deduct a
charge at such time.
- --------------------------------------------------------------------------------
EQUI-VEST IRA, QP IRA, SEP AND NQ CONTRACTS (SERIES 300 AND 400 ONLY)
- --------------------------------------------------------------------------------
CHARGES TO INVESTMENT FUNDS
We make a daily charge at a guaranteed maximum effective annual rate of 1.35%
against the assets held in each of the Investment Funds. This charge is
reflected in the Accumulation Unit Values for the particular Investment Fund
and covers mortality and expense risk charges of 1.10% and expenses of .25%.
For a limited period of time we will charge .24% against the assets of the
Intermediate Government Securities, Quality Bond, High Yield, Growth
61
<PAGE>
EQUI-VEST IRA, QP IRA, SEP AND NQ CONTRACTS (SERIES 300 AND 400 ONLY)
(Continued)
& Income, Equity Index, Global, International, Conservative Investors and
Growth Investors Funds for expenses.
The mortality and expense risk charge is comprised of .60% for mortality risk
and .50% for expense risk, although the allocation of these risk charges may
vary. We assume a mortality risk by (a) our obligation to pay a death benefit
that will not be less than the total value of all contributions made (less
any applicable taxes) adjusted for total withdrawals, (b) our obligation to
make annuity payments for the life of the Annuitant under guaranteed fixed
annuity options, regardless of the Annuitant's longevity, (c) our guarantees
relating to annuity purchase rates, the actuarial basis for which can be
changed only for new contributions and only on the fifth anniversary of the
Contract Date and every five years thereafter, and (d) our obligation to
waive the contingent withdrawal charge upon the payment of a death benefit.
The expense risk we assume is the risk that, over time, our actual expense of
administering the Contracts may exceed the amounts realized from the expense
charge and the annual administrative expense charge. Part of the mortality
and expense risk charge may be considered to be an indirect reimbursement for
certain sales and promotional expenses relating to the Contracts to the
extent that the charge is not needed to meet the actual expenses incurred.
The charge for expenses, together with the annual administrative charge
described below, is designed to reimburse us for our costs in providing
administrative services in connection with the Contracts, and is not designed
to include an element of profit.
ANNUAL ADMINISTRATIVE CHARGE
On the last Business Day of each Contract Year, we deduct from the Annuity
Account Value an annual administrative charge equal to the lesser of $30 or
2% of the Annuity Account Value on such Business Day for the first two
Contract Years, and $30 for each Contract Year thereafter. This charge is
deducted on a pro rata basis from the Investment Funds and the Guaranteed
Interest Account, and from the Fixed Maturity Account should collection from
the other Options be insufficient and we have not been otherwise reimbursed.
This charge will be prorated for a fractional year if, before the end of the
Contract Year, you surrender your Contract, the Annuitant dies or you elect
an annuity distribution option. Accumulation Units will be redeemed in order
to pay any portion of the charge deducted from an Investment Fund. Any
portion of the charge deducted from the Guaranteed Interest Account or Fixed
Maturity Account is withdrawn in dollars.
We reserve the right to increase this charge if our administrative costs
increase, but the charge is guaranteed never to exceed $65 annually, subject
to applicable law. We also reserve the right to eliminate the administrative
charge for IRA, SEP, SARSEP Contracts and NQ Contracts having a minimum
Annuity Account Value of a specified amount currently set at $20,000 (IRA,
SEP, and SARSEP) and $25,000 (NQ), on the last Business Day of each Contract
Year. We also reserve the right to deduct this charge on a quarterly, rather
than annual, basis.
CONTINGENT WITHDRAWAL CHARGE
No sales charges are deducted from contributions. However, to assist us in
defraying the various sales and promotional expenses incurred in connection
with selling the Contracts, we assess a charge on amounts withdrawn when you
make a partial withdrawal or terminate your Contract if the amount withdrawn
is in excess of the free corridor amount (defined below) or if no exception
applies. The amount of the withdrawal and the applicable withdrawal charge
are deducted pro rata from the Investment Funds and the Guaranteed Interest
Account and from the Fixed Maturity Account should collection from the other
Options be insufficient. The amount deducted to pay the withdrawal charge is
also subject to the withdrawal charge.
The contingent withdrawal charge is equal to 6% of the amount attributable to
withdrawn contributions which have been made in the current and five prior
Contract Years. In the case of a termination, we will pay the greater of (i)
the Annuity Account Value after the withdrawal charge has been imposed, as
described above or (ii) the free corridor amount plus 94% of the remaining
Annuity Account Value. For purposes of calculating the withdrawal charge (i)
we treat contributions as being withdrawn before earnings on a first-in,
first-out basis, and (2) amounts withdrawn up to the free corridor amount are
not considered a withdrawal of contributions. Although we treat contributions
as withdrawn before earnings for purposes of calculating the withdrawal
charge, the Federal income tax law treats earnings on NQ Contracts as
withdrawn first. See "Part 10: Federal Tax and ERISA Matters."
We reserve the right to change the amount of the contingent withdrawal
charge, provided that it will not exceed 6% of the amount deemed attributable
to withdrawn contributions. Applicable regulations
62
<PAGE>
EQUI-VEST IRA, QP IRA, SEP AND NQ CONTRACTS (SERIES 300 AND 400 ONLY)
(Continued)
would not permit such a change where it would be unfairly discriminatory to
any person. Moreover, the withdrawal charge will be reduced if needed in
order to comply with any state law that applies. See New York
Contracts--Fixed Maturity Account below. The tax consequences of withdrawals
are discussed under "Part 10: Federal Tax and ERISA Matters."
Free Withdrawal Amount (Free Corridor)
No withdrawal charge will be applied during any Contract Year in which the
amount withdrawn is less than or equal to 10% of the Annuity Account Value at
the time the withdrawal is requested minus any amount previously withdrawn
during that Contract Year. This 10% portion is called the FREE CORRIDOR
AMOUNT. Any withdrawal requested that exceeds the free corridor amount will
be subject to the contingent withdrawal charge, unless one of the following
exceptions applies.
Exceptions to the Contingent Withdrawal Charge
A contingent withdrawal charge will not apply upon any of the events listed
below.
o the Annuitant dies and a death benefit is payable to the beneficiary, or
o we receive a properly completed election form providing for the Annuity
Account Value to be used to buy a life contingent annuity.
A contingent withdrawal charge will not apply in the following events.
However, we reserve the right to impose a contingent withdrawal charge, in
accordance with your Contract and applicable state law, for pre-existing
conditions or conditions which began within 12 months of your Contract Date
for these events:
o the Annuitant has qualified to receive Social Security disability
benefits as certified by the Social Security Administration, or
o we receive proof satisfactory to us that the Annuitant's life expectancy
is six months or less (such proof must include, but is not limited to,
certification by a licensed physician), or
o the Annuitant has been confined to a nursing home for more than a 90 day
period (or such other period, if required in your state) as verified by
a licensed physician. A nursing home for this purpose means one which is
(a) approved by Medicare as a provider of skilled nursing care service,
or (b) licensed as a skilled nursing home by the state or territory in
which it is located (it must be within the United States, Puerto Rico,
U.S. Virgin Islands, or Guam) and meets all of the following:
-- its main function is to provide skilled, intermediate, or custodial
nursing care;
-- it provides continuous room and board to three or more persons;
-- it is supervised by a registered nurse or licensed practical nurse;
-- it keeps daily medical records of each patient;
-- it controls and records all medications dispensed; and
-- its primary service is other than to provide housing for residents.
Additionally, a withdrawal charge will not apply to an IRA, QP IRA, or SEP
Contract upon the following events:
o the Annuitant has completed at least six Contract Years and has attained
age 59 1/2 or
o a request is made for a refund of a contribution in excess of amounts
allowed to be contributed under the Code within one month of the date on
which the contribution is made.
New York Contracts--Fixed Maturity Account
For Contracts issued in New York, the contingent withdrawal charge applicable
to contributions to the Fixed Maturity Account (including amounts transferred
to that Account from the other Investment Options) and which are withdrawn
from the Fixed Maturity Account, will never exceed 6%; however, the
contingent withdrawal charge could be lower.
For the Fixed Maturity Account, the contingent withdrawal charge will be the
greater of that determined by applying the New York Declining Scale
("Declining Scale") and the New York Alternative Scale ("Alternative Scale"),
not to exceed 6%. As to the withdrawal of amounts that have been transferred
within the Fixed Maturity Account from one Maturity Period to another, the
Alternative Scale is applied if it produces a higher charge than the
Declining Scale.
63
<PAGE>
EQUI-VEST IRA, QP IRA, SEP AND NQ CONTRACTS (SERIES 300 AND 400 ONLY)
(Continued)
<TABLE>
<CAPTION>
DECLINING SCALE ALTERNATIVE SCALE
- ------------------------- -------------------------
<S> <C> <C> <C>
Year of Investment in Year of Transfer within
Fixed Maturity Account* Fixed Maturity Account*
Within Year 1 6% Within Year 1 5%
2 6% 2 4%
3 5% 3 3%
4 4% 4 2%
5 3% 5 1%
6 2% After Year 5 0%
After Year 6 0%
Not to exceed 1% times
the number of years
remaining in Maturity
Period, rounded to the
higher number of years.
In other words, if 4.3
years remain, it would be
a 5% charge.
- ----------------- ------ -------------------------
</TABLE>
* Measured from the Contract Anniversary Date prior to the date of the
contribution or transfer.
For example, compare the withdrawal charge that would be applicable to a
withdrawal from a Series 400 Contract that has an Annuity Account Value of
$10,000--$8,000 from contributions made three years ago and $2,000 from
positive investment performance.
o For any contributions withdrawn in the first six years after they are
made, the normal Series 400 withdrawal charge would be $480 (6% of
$8,000). However, if the contributions were made to the Fixed Maturity
Account, the withdrawal charge would be lower. According to the New York
Declining Scale described above, in the third year, the withdrawal
charge would be limited to 5% of the $8,000, or $400.
o Now assume that, although the contributions had been made to the Fixed
Maturity Account three years ago, they were transferred to a new
Maturity Period within the Fixed Maturity Account in the third year, and
further assume that there is exactly one year remaining in the Maturity
Period to which the amounts were transferred. Because there was a
transfer within the Fixed Maturity Account, the New York Alternative
Scale may now apply. Based on this Scale, a contribution that was so
transferred will be subject to a 5% withdrawal charge, if withdrawn in
the year of the transfer, such charge not to exceed 1% for each year
remaining in the Maturity Period. Since, in this example, the time
remaining is exactly one year, the Alternative Scale would limit the
withdrawal charge to 1%. However, New York regulations allow that the
greater of the Declining Scale or the Alternative Scale is used.
Therefore, the withdrawal charge would be 5%, or $400, based on the
Declining Scale.
o In no event would the contingent withdrawal charge exceed that otherwise
applicable under the Contract; application of the New York Scale can
only result in a lower charge. Thus, if a contribution had been in the
Contract for more than six years and was thus exempt from a withdrawal
charge, no such charge would be applicable.
o For withdrawals from an Investment Option other than the Fixed Maturity
Account, the amount available for withdrawal without a contingent
withdrawal charge is reduced by the amount of contributions in the Fixed
Maturity Account to which no withdrawal charge applies.
o As of any date on which 50% or more of your Annuity Account Value is
held in the Fixed Maturity Account, the Free Corridor Amount is zero.
o If you have not made a prior election for the reinvestment of your
Maturity Amount when it reaches the Expiration Date, such Amount will be
reinvested in whichever Fixed Maturity Period then offered has the
nearest Expiration Date; if no Fixed Maturity Periods are being offered,
it will be reinvested in the Money Market Fund.
The potential for the contingent withdrawal charge applicable to withdrawals
from the Fixed Maturity Account to be lower than the otherwise applicable
charge and the potential for the Free Corridor Amount to also be lower than
that which would otherwise apply should be considered in making allocations
to, or transfers to or from, the Fixed Maturity Account.
ALLOCATION OF CERTAIN CHARGES TO THE
FIXED MATURITY ACCOUNT
The annual administration charge and the contingent withdrawal charge will be
deducted from the Guaranteed Interest Account and the Investment Funds, as
discussed above. In the event that amounts in those Options are insufficient
to cover these charges, we reserve the right to deduct those charges from the
Fixed Maturity Periods. Charges applied to the Fixed Maturity Periods are
considered withdrawals and, as such, will result in a market value
adjustment. See "Part 5: The Fixed Maturity Account."
CHARGE ON THIRD PARTY TRANSFER OR EXCHANGE
If you ask us to make a direct transfer to a third party of amounts under
your Contract, or request that your Contract be exchanged for another con-
64
<PAGE>
EQUI-VEST IRA, QP IRA, SEP AND NQ CONTRACTS (SERIES 300 AND 400 ONLY)
(Continued)
tract or certificate issued by another carrier, we deduct from the Annuity
Account Value both a contingent withdrawal charge as described above (if any)
and a charge of $25 per occurrence. We reserve the right to increase this $25
fee to a maximum of $65 for each direct transfer or exchange.
- --------------------------------------------------------------------------------
ALL EQUI-VEST EDC, TSA AND TRUSTEED CONTRACTS PLUS IRA, QP IRA, SEP AND NQ
(SERIES 100 AND 200 ONLY)
- --------------------------------------------------------------------------------
LIMITATION ON CHARGES
Under the terms of these Contracts, for the Money Market, Balanced, Common
Stock and Aggressive Stock Funds, the aggregate amount of the Separate
Account charge made to those Funds, the Trust charges for investment advisory
fees and the direct operating expenses of the Trust may not exceed a total
effective annual rate of 1.75% of the value of the assets held in those
Investment Funds.
CHARGES TO INVESTMENT FUNDS
We make a daily charge against the assets held in each of the Investment
Funds. This charge is reflected in the Accumulation Unit Values for the
particular Investment Fund and covers expenses, expense risks, mortality
risks (for the annuity rate guarantee), death benefits (for the minimum death
benefit) and financial accounting. For the Money Market, Balanced and Common
Stock Funds, the charge is made at an annual rate guaranteed not to exceed
1.49%. For all other Investment Funds, the charge is made at an annual rate
guaranteed not to exceed 1.34%.
Specific charges for each series are set forth below:
<TABLE>
<CAPTION>
SERIES 100
- -----------------------------------------------
MONEY MARKET,
BALANCED, COMMON OTHER
STOCK FUNDS FUNDS
---------------- -------
<S> <C> <C>
Expenses .60% .60%
Expense Risks .30 .15
Mortality Risks .30 .30
Death Benefits .05 .05
Financial Accounting .24 .24
- -------------------- ---------------- -------
</TABLE>
<TABLE>
<CAPTION>
SERIES 200
- -------------------------------------------------
MONEY MARKET,
BALANCED, COMMON OTHER
STOCK FUNDS FUNDS
<S> <C> <C>
Expenses and Financial
Accounting .25% .25%
Expense Risks .55 .49
Mortality Risks and
Death Benefits .60 .60
- ---------------------- ---------------- -------
</TABLE>
The charge for expenses is designed to reimburse us for various research and
development costs and for administrative expenses that exceed the annual
administrative charge described below. The expense risk we assume is the risk
that, over time, our actual administrative expense may exceed the amounts
realized from the expense and the annual administrative expense charges,
which may not be increased. We assume a mortality risk by (a) our obligation
to pay a death benefit that will not be less than the total value of all
contributions made (less any applicable taxes) adjusted for total
withdrawals, (b) our obligation to make annuity payments for the life of the
Annuitant under guaranteed fixed annuity options, regardless of the
Annuitant's longevity, (c) our guarantees relating to annuity purchase rates,
the actuarial basis for which can be changed only for new contributions and
only on the fifth anniversary of the Contract Date and every five years
thereafter, and (d) our obligation to waive the contingent withdrawal charge
upon the payment of a death benefit. The charge for financial accounting
services is designed to reimburse us for our costs in providing those
services in connection with the Contracts, and, like the charge for expenses,
is not designed to include an element of profit. The total of these charges
may be reallocated among the categories of charges shown above; however, we
intend to limit any possible reallocation to include only the charges for
expense risks, mortality risks and death benefits.
Part of the respective charges for expense risks, mortality risks and death
benefits may be considered to be an indirect reimbursement for certain sales
and promotional expenses relating to the Contracts to the extent that the
charges are not needed to meet the actual expenses incurred.
ANNUAL ADMINISTRATIVE CHARGE
Except as discussed below, on the last Business Day of each Contract Year we
deduct from the Annuity Account Value an annual administrative charge equal
to the lesser of $30 or 2% of the Annuity Account Value on such Business Day
(adjusted to include any withdrawals made during the year). This charge is
deducted from each Investment Option on a pro rata basis. This charge will be
prorated
65
<PAGE>
ALL EQUI-VEST EDC, TSA AND TRUSTEED CONTRACTS PLUS IRA, QP IRA, SEP AND NQ
(SERIES 100 AND 200 ONLY) (Continued)
for a fractional year if, before the end of the Contract Year, you surrender
your Contract, the Annuitant dies or you elect an annuity distribution
option. Accumulation Units will be redeemed in order to pay any portion of
the charge deducted from an Investment Fund.
Any portion of the charge deducted from the Guaranteed Interest Account is
withdrawn in dollars.
Exceptions to Annual Administrative Charge
For IRA, QP IRA, NQ, SEP, Unincorporated Trusteed, and Annuitant-Owned HR-10
Contracts, the charge is zero if the Annuity Account Value is at least
$10,000 at the end of the Contract Year.
For TSA, EDC and Corporate Trusteed Contracts, the charge is zero if the
Annuity Account Value is at least $25,000 at the end of the Contract Year.
CONTINGENT WITHDRAWAL CHARGE
No sales charges are deducted from contributions. However, to assist us in
defraying the various and promotional expenses incurred in connection with
selling the Contracts, we assess a charge on amounts withdrawn when you make
a partial withdrawal or terminate your Contract if the amount withdrawn is in
excess of the free corridor amount (defined below) or if no exception
applies. The withdrawal charge is deducted pro rata from the Annuity Account
Value in addition to the amount of the requested withdrawal; the amount
deducted which is applied to pay the withdrawal charge is also subject to the
withdrawal charge.
Free Withdrawal Amount (Free Corridor)
For NQ, Trusteed, TSA and QP IRA Contracts, (but not IRA or QP IRA group
Contracts), no withdrawal charge will be applied during any Contract Year in
which the amount withdrawn is less than or equal to 10% of the Annuity
Account Value at the time the withdrawal is requested minus any amount
previously withdrawn during that Contract Year. This 10% portion is called
the FREE CORRIDOR AMOUNT. For EDC, SEP, IRA and QP IRA Series 100 and 200
group Contracts, the free corridor amount is available only after three
Contract Years have been completed or the Annuitant has reached age 59 1/2.
HOW THE CONTINGENT WITHDRAWAL CHARGE IS APPLIED FOR SERIES 100 AND 200 NQ AND
TRUSTEED CONTRACTS
Partial withdrawals in excess of the free corridor amount will be subject to
a withdrawal charge of 6% of the amount of the contributions made during the
current and five prior Contract Years. In the case of a termination, we will
pay the greater of (i) the Annuity Account Value after the withdrawal charge
has been imposed, as described above and after giving effect to any
outstanding loan balance (including accrued interest), or (ii) the free
corridor amount plus 94% of the remaining Annuity Account Value. For NQ
Contracts issued to Annuitants age 59 or older, this percentage will be 95%
in the fifth Contract Year and 96% in the sixth Contract Year. For Trusteed
Contracts issued to Annuitants age 60 or older, this percentage is 95% in the
fifth Contract Year. For NQ and Trusteed group Contracts, there is no
reduction in the contingent withdrawal charge for older Annuitants (referred
to above) in the fifth and sixth Contract Year.
For purposes of calculating the withdrawal charge, (1) we treat contributions
as being withdrawn before earnings, on a first-in first-out basis, and (2)
amounts withdrawn up to the free corridor amount are not considered a
withdrawal of any contributions. Although we treat contributions as withdrawn
before earnings for purposes of calculating the withdrawal charge, the
federal income tax law treats earnings on NQ Contracts as withdrawn first.
See "Part 10: Federal Tax and ERISA Matters."
No charge will be applied to any amount withdrawn from an NQ or Trusteed
Contract if:
o the amount withdrawn is applied to the election of a life annuity
distribution option; or
o the Annuitant dies and the death benefit is made available to the
beneficiary.
No charge will be applied to any amount withdrawn from a Trusteed Contract
if:
o the Owner has completed at least five Contract Years and the Annuitant
has reached age 59 1/2; or
o a request is made for a refund of an excess contribution within one
month of the date on which the contribution is made.
No charge will be applied to any amount withdrawn from a Corporate Trusteed
Contract if the Annuitant has reached age 59 1/2 and has either retired or
terminated employment, regardless of the number of completed Contract Years.
HOW THE CONTINGENT WITHDRAWAL CHARGE
IS APPLIED FOR SERIES 100 AND 200 IRA, SEP, TSA, EDC AND ANNUITANT-OWNED
HR-10 CONTRACTS
Withdrawals under these Contracts and defaulted loan amounts under TSA
Contracts (in excess of the free corridor amount, if applicable) may be
subject to
66
<PAGE>
ALL EQUI-VEST EDC, TSA AND TRUSTEED CONTRACTS PLUS IRA, QP IRA, SEP AND NQ
(SERIES 100 AND 200 ONLY) (Continued)
a charge of up to 6% of the amount withdrawn or the defaulted loan amount, as
the case may be. The percentage charged will be based on the Contract Year in
which the withdrawal is made, as shown below:
<TABLE>
<CAPTION>
CONTRACT
YEAR(S) CHARGE
- ---------------- ----------
<S> <C>
1 through 5 6%*
6 through 8 5
9 4
10 3
11 2
12 1
13 and later 0
</TABLE>
* This percentage will be reduced to 5% for Contracts issued to Annuitants,
in year 5, if age 60 or older under individual Contracts only.
The total of all withdrawal charges assessed will not exceed 8% of all
contributions made during the current Contract Year and the nine prior
Contract Years before the withdrawal is made.
No charge will be applied to any amount withdrawn from an IRA, QP IRA, SEP,
TSA, EDC or Annuitant-Owned HR-10 Contract if:
o the Contract Owner has completed at least five Contract Years and the
Annuitant has reached age 59 1/2;
o a request is made for a refund of an excess contribution within one
month of the date on which the contribution is made;
o the Annuitant dies and the death benefit is made available to the
beneficiary;
o the Contract Owner has completed at least five Contract Years, the
Annuitant has reached age 55 and the amount withdrawn is used to
purchase from us a period certain annuity that extends beyond the
Annuitant's age 59 1/2 and allows no prepayment;
o the Contract Owner has completed at least three Contract Years and the
amount withdrawn is used to purchase from us a period certain annuity
for a term of at least 10 years that allows no prepayment;
o the amount withdrawn is applied to the election of a life contingent
annuity distribution option (this form of payment is not available for
Annuitants in governmental EDC plans in New York);
o the amount withdrawn is applied to the election of a period certain
annuity of at least 15 years, but not in excess of the Annuitant's life
expectancy, that allows no prepayment (this provision is available only
for Annuitants in governmental EDC plans in New York).
No charge will be applied to any amount withdrawn from a TSA Contract if:
o the Contract Owner has completed at least five Contract Years, has
reached age 55 and has separated from service.
No charge will be applied to any amount withdrawn from a SEP Contract funding
SARSEP arrangements if:
o the amount withdrawn is a distribution of deferrals disallowed (plus or
minus any gain or loss) by reason of the employer's failure to meet the
Code's requirement that 50% of eligible employees elect SARSEP within
the plan year and the request for withdrawal is made by the April 15th
of the calendar year following the calendar year in which you were
notified of such disallowance; or
o the amount withdrawn is an "excess contribution" (as such term is
defined in Section 408(k)(6)(C)(ii) of the Code), plus or minus any gain
or loss, and the request for withdrawal is made by the April 15th of the
calendar year following the calendar year in which the excess
contributions were made; or
o the amount withdrawn is an "excess deferral" (as such term is defined in
Section 402(g)(2) of the Code), plus or minus any gain or loss, and the
request for withdrawal is made by the April 15th of the calendar year
following the calendar year in which such excess deferrals were made.
We reserve the right to reduce or eliminate the withdrawal charge in certain
cases, including transfers to an IRA or QP IRA from another EQUI-VEST
Contract. In no event would such reduction or elimination be permitted where
it would be unfairly discriminatory to any person.
The tax consequences of withdrawals are discussed under "Part 10: Federal Tax
and ERISA Matters."
As a result of regulations which apply to EDC plans of governmental employers
in New York (NY EDC PLANS), EQUI-VEST Contracts which fund New York EDC Plans
contain special provisions which apply to all NY EDC Plans whose EQUI-VEST
funding arrangements became effective or were renewed on or after July 1,
1989.
67
<PAGE>
ALL EQUI-VEST EDC, TSA AND TRUSTEED CONTRACTS PLUS IRA, QP IRA, SEP AND NQ
(SERIES 100 AND 200 ONLY) (Continued)
These provisions permit the automatic termination of all Contracts issued in
connection with a NY EDC Plan five years after the effective date (or any
renewal date) of its EQUI-VEST funding arrangement without the deduction of
any contingent withdrawal charges. If agreed to by the employer and us, the
period may be shorter than five years. A decision to permit the automatic
termination of all Contracts would result in the transfer of each Contract's
Annuity Account Value to a successor funding vehicle designated by the
employer.
The employer sponsoring a NY EDC Plan can prevent such a termination and
transfer by renewing the EQUI-VEST funding arrangement in a written notice to
us which includes a certification of compliance with procedures under the
applicable regulations. We are not responsible for the validity of any
certification by the employer. The written notice must be received at our
Processing Office and accepted by us not later than seven days before the
date on which a transfer would otherwise occur.
No further investment experience, whether positive or negative, will be
credited under a NY EDC Plan Contract once the Contract terminates. As with
other tax-favored retirement programs in which the funding is affected by
actions of a sponsoring employer, we are not required to provide Annuitants
with information relating to an employer's decision to exercise any
termination right.
- -------------------------------------------------------------------------------
MOMENTUM CONTRACT
- -------------------------------------------------------------------------------
LIMITATION ON CHARGES
Under the terms of the MOMENTUM Contract for the Money Market, Balanced,
Common Stock and Aggressive Stock Funds, the aggregate amount of the Separate
Account charge made to those Funds, the Trust charges for investment advisory
fees and the direct operating expenses of the Trust may not exceed a total
effective annual rate of 1.75% of the value of the assets held in those Funds
for the MOMENTUM Contract.
CHARGES TO INVESTMENT FUNDS
We make a daily charge against the assets held in each of the Investment
Funds for expenses of the MOMENTUM Contract. This charge is reflected in the
Accumulation Unit Values for the particular Investment Fund and covers
expenses, expense risks, mortality (for the annuity rate guarantee), death
benefits (for the minimum death benefit) and financial accounting. For the
Money Market, Balanced and Common Stock Funds, the charge is made at an
annual rate not to exceed 1.49% which consists of .60% for expenses, .30% for
expense risks, .30% for mortality risks, .05% for death benefits and .24% for
financial accounting. For all other Investment Funds, the charge is made at
an annual rate not to exceed 1.34% which consists of .60% for expenses, .15%
for expense risks, .30% for mortality risk, .05% for death benefits and .24%
for financial accounting.
The charge for expenses is designed to reimburse us for various research and
development costs and for administrative expenses that exceed the quarterly
administrative charge described below. The expense risk we assume is the risk
that, over time, our actual expense of administering the MOMENTUM Contract
may exceed the amounts realized from the expense and the quarterly
administrative expense charges. We assume a mortality risk by (a) our
obligation to pay a death benefit that will not be less than the total value
of all contributions made (less any applicable taxes) adjusted for total
withdrawals, (b) our obligation to make annuity payments for the life of the
Annuitant under guaranteed fixed annuity options, regardless of the
Annuitant's longevity, (c) our guarantees relating to annuity purchase rates,
the actuarial basis for which can be changed only for new contributions and
only on the fifth anniversary of the Contract Date and every five years
thereafter, and (d) our obligation to waive the contingent withdrawal charge
upon the payment of a death benefit. The charge for financial accounting
services is designed to reimburse us for our costs in providing those
services in connection with the MOMENTUM Contract, and, like the charge for
expenses, is not designed to include an element of profit.
Under the MOMENTUM Contract, the total of these charges may be reallocated
among the categories of charges discussed above. However, notwithstanding
provisions of the Momentum Contract, we intend to limit any possible
reallocation to include only the charges for expense risks, mortality risks
and death benefits.
Part of the respective charges for expense risks, mortality risks and death
benefits may be considered to be an indirect reimbursement for certain
68
<PAGE>
MOMENTUM CONTRACT (Continued)
sales and promotional expenses relating to the MOMENTUM Contract to the
extent that the charges are not needed to meet the actual expenses incurred.
QUARTERLY ADMINISTRATIVE CHARGE
Except as discussed below, on the last Business Day of each calendar quarter
we deduct from each Retirement Account Value an administrative charge which
is currently equal to $7.50 or, if less, .50% of the total of the Retirement
Account Value plus the amount of any Active Loan. This charge is deducted by
Source from each Investment Option in a specified order described under "How
We Deduct the Quarterly Administrative Charge" in the SAI.
Any portion of the charge deducted from an Investment Fund will reduce the
number of Accumulation Units you have in that Investment Fund. Any portion of
the charge deducted from the Guaranteed Interest Account is withdrawn in
dollars.
There is currently no charge for any calendar quarter in which the Retirement
Account Value plus any Active Loan is at least $25,000 as of the last
Business Day of that quarter. We reserve the right to increase this charge if
our administrative costs increase. We will give Employers or Plan Trustees 90
days written notice of any increase. We may also reduce this charge under
certain circumstances. See "Special Circumstances" in this Section.
You, as Employer, may choose to have this quarterly administrative charge
billed to you directly.
CHARGE FOR PLAN RECORDKEEPING
SERVICES
The annual charge for the basic plan recordkeeping option is $300 (pro-rated
in the first year) and will be billed directly to the Employer. The $300
charge is not imposed on plans that converted to the MOMENTUM Contract from
our EQUI-VEST Corporate Trusteed Contract. Employers may enter into a written
agreement with Equitable Life for direct distribution of plan benefits and
withdrawals to Participants, including tax withholding and reporting to the
IRS. For this service, a $25 checkwriting fee shall be charged by Equitable
Life for each check drawn. We reserve the right to increase these charges if
our plan recordkeeping costs increase. We will give Employers or Plan
Trustees 90 days written notice of any increase.
There are additional charges if the Employer or Plan Trustee elects to use
our full service plan recordkeeping option; these additional charges will
depend upon the service used. Employers will be required to execute an
agreement governing additional recordkeeping services and related charges.
CONTINGENT WITHDRAWAL CHARGE
No sales charges are deducted from contributions. However, to assist us in
defraying the various sales and promotional expenses incurred in connection
with selling the MOMENTUM Contract, we assess a sales charge on amounts
withdrawn from Retirement Account Values. Under certain conditions, the
contingent withdrawal charge will not apply to some or all of the amount
withdrawn.
Free Withdrawal Amount (Free Corridor)
Subject to certain restrictions, no withdrawal charge will be applied during
any Participation Year in which the amount withdrawn does not exceed 10% of
the sum of the Retirement Account Value and any Active Loan at the time the
withdrawal is requested, minus any amount previously withdrawn during that
Participation Year (including any defaulted loan amounts and forfeited
amounts). This 10% portion is called the FREE CORRIDOR AMOUNT.
If you, as the Employer, have transferred your plan assets to the MOMENTUM
Program from another qualified plan and we have not yet received from you the
allocation of values among Participants, we will treat the total amount we
hold as one Retirement Account Value. Withdrawals from this Retirement
Account Value will not have the benefit of a free corridor amount. However,
once the amount we hold is allocated among the various Participants,
withdrawals will have the benefit of the free corridor amount.
How the Contingent Withdrawal Charge is
Applied
Partial withdrawals in excess of the free corridor amount will be subject to
a withdrawal charge of 6% of the lesser of (i) such excess or (ii) the amount
of the withdrawal attributable to contributions made by or on behalf of the
Participant during the current and five prior Participation Years.
In the case of a full withdrawal of a Retirement Account Value, the plan will
receive from us the greater of your Retirement Account Value after the
withdrawal charge of 6% has been imposed upon the amount of the contributions
made by or on behalf of a Participant during the current and five prior
69
<PAGE>
MOMENTUM CONTRACT (Continued)
Participation Years, or the free corridor amount plus 94% of the sum of the
remaining Retirement Account Value and any Active Loan, less the Active Loan.
This charge will also apply in the case of a termination of participation
under the MOMENTUM Contract by the Employer or Plan Trustee.
The withdrawal charge described above is deducted from the Retirement Account
Value in addition to the amount of the requested withdrawal; the portion of
the amount withdrawn that is applied to pay the withdrawal charge is also
subject to the withdrawal charge.
For purposes of calculating the withdrawal charge, (1) the oldest
contributions will be treated as the first withdrawn and more recent
contributions next, (2) amounts withdrawn up to the free corridor amount will
not be considered a withdrawal of any contributions and (3) Active Loans do
not include takeover loans for this purpose.
If a portion of your Retirement Account Value is forfeited under the terms of
your plan, we will assess a withdrawal charge only against vested
contribution amounts. Under Basic Service, the Plan Trustee must tell us the
vested balance. The balance of the withdrawal charge will be waived at that
time. However, if you, as the Employer or Plan Trustee, withdraw the
forfeited amount from the MOMENTUM Contract before it is reallocated to other
Participants, you will incur the balance of the withdrawal charge at that
time.
No charge will be applied to any amount withdrawn, if:
o the amount withdrawn is applied to the election of a life annuity
distribution option;
o you die;
o you have been a Participant for at least five Participation Years and
have reached age 59 1/2;
o you have reached age 59 1/2 and have separated from service (regardless
of the number of Participation Years);
o the amount withdrawn is the result of a request for a refund of "excess
contributions" or "excess aggregate contributions" as such terms are
defined in Section 401(k)(8)(B) and 401(m)(6)(B), respectively, of the
Code, including any gains or losses, and the withdrawal is made no later
than the end of the plan year following the plan year for which such
contributions were made;
o the amount withdrawn is a request for a refund of "excess deferrals" as
such term is defined in Section 402(g)(2) of the Code, including any
gains or losses, provided the withdrawal is made no later than April 15,
following the calendar year in which such excess deferrals were made;
o the amount withdrawn is a request for a refund of contributions made due
to mistake of fact made in good faith, provided the withdrawal is made
within 12 months of the date such mistake of fact contributions were
made and any earnings attributable to such contributions are not
included in such withdrawal;
o the amount withdrawn is a request for a refund of contributions
disallowed as a deduction by the Employer for Federal income tax
purposes, provided such withdrawal is made within 12 months after the
disallowance of the deduction has occurred and no earnings attributable
to such contributions are included in such withdrawal; or
o the amount withdrawn is a withdrawal for disability as defined in
Section 72(m) of the Code.
In addition, there will be no contingent withdrawal charge imposed on any
Annuity Account Value under an EQUI-VEST Corporate Trusteed certificate when
it is converted to a MOMENTUM Contract. For purposes of calculating any
contingent withdrawal charge under the MOMENTUM Contract, we will carry over
the history of the contributions made under a converted EQUI-VEST
certificate. For example, if an EQUI-VEST Corporate Trusteed certificate was
purchased on behalf of a Participant on June 1, 1987 with a single $5,000
contribution, we will continue to treat the $5,000 contribution as made on
June 1, 1987 under the MOMENTUM Contract. This means that you will not lose
the benefit of "aging" contributions by converting EQUI-VEST certificates to
the MOMENTUM Contract.
PLAN LOAN CHARGES
A $25 loan set-up charge will be deducted from your Retirement Account Value
at the time a plan loan is made. Also, we will deduct a recordkeeping charge
of $6 from your Retirement Account Value on the last Business Day of each
calendar quarter if there is an Active Loan on that date. The $6 per quarter
recordkeeping charge, but not the $25 set-up charge, will be applicable to
takeover loans and to loans converted from EQUI-VEST Corporate Trusteed to
MOMENTUM.
Your employer may elect to pay these charges. These charges are intended to
reimburse us for the added
70
<PAGE>
MOMENTUM CONTRACT (Continued)
administrative costs associated with processing loans. We reserve the right
to increase these administrative charges if our costs increase. We will give
Employers or Plan Trustees 90 days written notice of any increase.
Any defaulted loan amount will incur a contingent withdrawal charge as
described above under "Contingent Withdrawal Charge."
SPECIAL CIRCUMSTANCES
Subject to any necessary governmental or regulatory approvals, the contingent
withdrawal charge, quarterly administrative charge, loan charges and basic
plan recordkeeping fee for a particular plan participating under the Contract
may be reduced or eliminated when sales are made in a manner that results in
savings of sales or administrative expenses. The entitlement to such a
reduction or elimination will be determined by us based on factors such as
the number of Participants, performance of sales or administrative functions
by the Employer or plan administrator, frequency of contributions or the use
of automated techniques in transmitting data.
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PART 9: VOTING RIGHTS
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TRUST VOTING RIGHTS
As explained previously, contributions allocated to the Investment Funds are
invested in shares of the corresponding Portfolios of the Trust. Since we own
the assets of the Separate Account, we are the legal owner of the shares and,
as such, have the right to vote on certain matters. Among other things, we
may vote:
o to elect the Trust's Board of Trustees,
o to ratify the selection of independent auditors for the Trust, and
o on any other matters described in the Trust's current prospectus or
requiring a vote by shareholders under the 1940 Act.
Because the Trust is a Massachusetts business trust, annual meetings are not
required. Whenever a shareholder vote is taken, we will give Contract Owners
and Employers, if appropriate, the opportunity to instruct us how to vote the
number of shares attributable to their Contracts. If we do not receive
instructions in time from all Contract Owners and Employers, if appropriate,
we will vote the shares of a Portfolio for which no instructions have been
received in the same proportion as we vote shares of that Portfolio for which
we have received instructions. We will also vote any shares that we are
entitled to vote directly because of amounts we have in an Investment Fund in
the same proportions that Contract Owners vote.
All Trust shares are entitled to one vote. Fractional shares will be counted.
Voting generally is on a Portfolio-by-Portfolio basis except that shares will
be voted on an aggregate basis when universal matters, such as election of
Trustees and ratification of independent auditors, are voted upon. However,
if the Trustees determine that shareholders in a Portfolio are not affected
by a particular matter, then such shareholders generally would not be
entitled to vote on that matter.
SEPARATE ACCOUNT VOTING RIGHTS
Under the 1940 Act, certain actions (such as some of those described under
"Changes in Applicable Law and Otherwise," below) may require Contract Owner
approval. In that case, Contract Owners will be entitled to one vote for each
Accumulation Unit they have in the Investment Funds. We will cast votes
attributable to any amounts we have in the Investment Divisions in the same
proportion as votes cast by Contract Owners.
VOTING RIGHTS OF OTHERS
Currently, we control the Trust. Trust shares are held by other separate
accounts of ours and by separate accounts of insurance companies affiliated
and unaffiliated with us. Shares held by these separate accounts will
probably be voted according to the instructions of the owners of insurance
policies and contracts issued by those insurance companies. While this will
dilute the effect of the voting instructions of Contract Owners, we currently
do not foresee any disadvantages arising out of this. The Trust's Board of
Trustees intends to monitor events in order to identify any material
irreconcilable conflicts that possibly may arise and to determine what
action, if any, should be taken in response. If we believe that the Trust's
response to any of those events insufficiently protects our Contract Owners,
we will see to it that appropriate action is taken to protect our Contract
Owners.
CHANGES IN APPLICABLE LAW
The voting rights we describe in this prospectus are created under applicable
Federal securities laws. To the extent that those laws or the regulations
promulgated under those laws eliminate the necessity to submit matters for
approval by persons having voting rights in separate accounts of insurance
companies, we reserve the right to proceed in accordance with those laws or
regulations.
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PART 10: FEDERAL TAX AND ERISA MATTERS
- -------------------------------------------------------------------------------
ANNUITIES
This prospectus briefly describes our understanding of the current Federal
income tax rules that apply to an annuity purchased with after-tax dollars
(non-qualified annuity) and some of the special tax rules that apply to an
annuity purchased to fund a tax-favored retirement program (qualified
annuity). A qualified annuity may be purchased under a TSA, IRA, QP IRA, SEP
or EDC plan (EQUI-VEST only) or qualified plan (plans funded by Trusteed and
Annuitant-Owned HR-10 contracts and the MOMENTUM program). Rights and
benefits of the Annuitant or Participant under an annuity purchased to fund a
tax-favored retirement program may be restricted in order to qualify for its
special treatment under Federal tax law.
Additional tax information appears in the SAI. This prospectus and the SAI do
not provide detailed tax information and do not address state and local
income and other taxes, or federal gift and estate taxes. Not every Contract
has every feature discussed in this section. Please consult a tax adviser
when considering the tax aspects of your Contract.
TAXATION OF EQUI-VEST NON-QUALIFIED ANNUITIES
Equitable has designed the EQUI-VEST Contract to qualify as an "annuity" for
purposes of Federal income tax law.
Gains in the Annuity Account Value of the Contract generally will not be
taxable to an individual until a distribution occurs, either by a withdrawal
of part or all of its value or as a series of periodic payments. However,
there are some exceptions to these rules (1) if a Contract fails investment
diversification requirements; (2) if an individual transfers a Contract as a
gift to someone other than a spouse (or divorced spouse), any gain in its
Annuity Account Value will be taxed at the time of transfer; (3) the
assignment or pledge of any portion of the value of a Contract will be
treated as a distribution of that portion of the Contract; and (4) when an
insurance company (or its affiliate) issues more than one non-qualified
deferred annuity Contract during any calendar year to the same taxpayer, the
contracts are required to be aggregated in computing the taxable amount of
any distribution.
Corporations, partnerships, trusts and other non-natural persons generally
cannot defer the taxation of current income credited to the Contract unless
an exception under the Code applies.
Prior to the annuity starting date, any partial withdrawals are taxable to
the Contract Owner to the extent that there has been a gain in the Annuity
Account Value. The balance of the distribution is treated as a return of the
"investment" or "basis" in the Contract and is not taxable. Generally, the
investment or basis in the Contract equals the contributions made less any
amounts previously withdrawn which were not taxable.
If you surrender your Contract, the distribution is taxable to the extent it
exceeds the investment in the Contract.
Once annuity payments begin, a portion of each payment is considered to be a
tax-free return of investment based on the ratio of the investment to the
expected return under the Contract. The remainder of each payment will be
taxable. In the case of a variable annuity, special rules apply if the
payments received in a year are less than the amount permitted to be
recovered tax-free. After the total investment has been recovered, future
payments are fully taxable. If payments cease as a result of death, a
deduction for any unrecovered investment will be allowed.
The taxable portion of a distribution is treated as ordinary income and is
subject to income tax withholding. See "Federal and State Income Tax
Withholding," below. In addition, a penalty tax of 10% applies to the taxable
portion of a distribution unless the distribution is (1) made on or after the
date the taxpayer attains age 59-1/2, (2) made on or after the death of the
Contract Owner, (3) attributable to the disability of the taxpayer, (4) part
of a series of substantially equal installments as an annuity for the life
(or life expectancy) of the taxpayer or the joint lives (or joint life
expectancies) of the taxpayer and a beneficiary, or (5) with respect to
income allocable to amounts contributed to an annuity contract prior to
August 14, 1982 which are transferred to the Contract in a tax-free exchange.
If, as a result of the Annuitant's death, the beneficiary is entitled to
receive the death benefit described in Part 6, the beneficiary is generally
subject
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to the same tax treatment as the Contract Owner (discussed above), had the
Contract Owner surrendered the contract.
If the beneficiary elects to take the death benefit in the form of a life
income or installment option, the election should be made within 60 days
after the day on which a lump sum death benefit first becomes payable and
before any benefit is actually paid. The tax computation will reflect your
investment in the Contract.
Special distribution requirements apply upon the death of the owner of a
non-qualified annuity. See "Part 5--Tax Rules: Special Aspects" in the SAI.
SPECIAL RULES FOR TAX-FAVORED
RETIREMENT PROGRAMS
An annuity contract may be used to fund certain employer-sponsored retirement
programs.
The Code describes how a retirement program can qualify for tax-favored
status and sets requirements for various features including: participation,
nondiscrimination, vesting and funding; limits on contributions,
distributions and benefits; penalties; and withholding, reporting and
disclosure. This section provides a brief description of the various tax-
favored retirement programs which can be funded through EQUI-VEST and
MOMENTUM. More information appears in the SAI. Certain tax advantages of a
tax-favored retirement program may not be available under state and local tax
laws.
TAX-QUALIFIED RETIREMENT PLANS
(QUALIFIED PLANS)
Corporations, partnerships and sole proprietorships may establish qualified
plans for the working owners and their employees which provide for
contributions to be made to the Contracts. Both employer and employee
contributions to these plans are subject to a variety of limitations, some of
which are discussed here briefly. Certain penalties for violating
contribution limits are discussed further in the SAI. Qualified plans must
not discriminate in favor of highly compensated employees. In addition, "top
heavy" rules apply to plans where more than 60% of the account balances are
allocated to "key employees" as defined in the Code. See your tax adviser for
more information.
The annual limit of employer and employee contributions (as defined in
Section 415(c) of the Code) which may be made on behalf of an employee to all
of the defined contribution plans of an employer is the lesser of $30,000 or
25% of compensation or earned income. Compensation or earned income in excess
of $150,000 cannot be considered in calculating contributions to the plan.
This amount may be adjusted for cost of living changes in future years. Any
reallocated forfeitures and voluntary nondeductible employee contributions
will generally be included for purposes of the contribution limit. Salary
reduction contributions made under a cash or deferred arrangement (401(K)
PROGRAM) are limited to $7,000, as adjusted annually for cost of living
changes. In 1996, the annual dollar limit on these "elective deferrals" is
$9,500. This limit applies to the aggregate of all elective deferrals under
all tax-favored plans in which the individual participates, including those
made under SARSEPs, EDC plans and TSAs.
Special limits on contributions apply to anyone who participates in more than
one qualified plan or who controls another trade or business. There is also
an overall limit on the total amount of contributions and benefits under all
tax-favored retirement programs in which a person participates.
In certain cases a Contract may be funded by a tax-deferred rollover
contribution not subject to the above limits.
TAX-SHELTERED ANNUITY
(TSAS) ARRANGEMENTS
An employee of an employer which is either (i) an organization described in
Section 501(c)(3) of the Code which is exempt from Federal income tax under
Section 501(a) of the Code or (ii) a state, political subdivision of a state,
or an agency or instrumentality of any one or more of these entities (but
only where the employee performs services for an educational organization
described in Section 170(b)(1)(A)(ii) of the Code) may exclude from Federal
gross income for a tax year contributions made by the employer to a TSA
Contract. Some or all of the contributions may be made under a salary
reduction agreement between the employee and the employer, subject to certain
limitations. Generally, the contribution limit is the lowest of the
following: (1) the annual exclusion allowance for the employee (20% of
includable salary times years of service less previous contributions to
qualified plans, TSAs and EDC plans), (2) the annual limit on employer
contributions to defined contribution plans and (3) the annual limit on all
elective deferrals. Items 2 and 3 are discussed in "Tax Qualified Retirement
Plans (Qualified Plans)," above. Contributions to a TSA Contract under a
salary reduction agreement cannot exceed $9,500 per year. Special provisions
may allow "catch-up" contributions to compensate for smaller contributions
made in previous years. In addition, there may be adverse tax consequences
for excess elective deferrals. See "Penalties for Excess Defer-
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rals" in Part 5 of the SAI. Tax-free transfer or rollover contributions from
another TSA arrangement are not subject to the above limits. Note, however,
that the maximum salary reduction contribution that may be made by an
annuitant who participates both in a TSA arrangement and an EDC plan will be
limited to the maximum allowed under Code Section 457 (i.e., generally
$7,500).
Employees are permitted to enter into only one salary reduction agreement per
year with each Employer. Because the salary reduction agreement is between
the TSA plan participant and the Employer, Equitable Life and its Agents are
not responsible for monitoring such agreements.
DISTRIBUTIONS FROM QUALIFIED PLANS
AND TSAS
Amounts held under qualified plans and TSAs are generally not subject to
Federal income tax until benefits are distributed. Generally, amounts
distributed are fully taxable as ordinary income. For rules requiring 20%
Federal income tax withholding applicable to certain distributions from
qualified plans or TSAs, see "Federal and State Income Tax Withholding"
below. In addition, qualified plan and TSA distributions may be subject to
additional tax penalties. For information regarding tax penalties which may
apply, see "Penalty Tax on Early Distributions" and "Tax Penalties for
Insufficient Distributions" later in this section. The SAI contains
additional information about qualified plan distributions, including
penalties on excessive retirement plan distributions.
Loans may be made from a qualified plan or TSA plan, which permits them,
without being treated as a distribution. However, if the amount of the loan
exceeds permissible limits under the Code when made, the amount of the excess
is treated (solely for tax purposes) as a taxable distribution. Additionally,
if the loan is not repaid at least quarterly amortizing interest and
principal, the amount not repaid when due may be treated as a taxable
distribution. Under Proposed Treasury Regulations which are not yet
effective, the IRS would require the entire unpaid balance of the loan to be
includible in income in the year of the default. See the discussion in Part 6
under "Loans (for TSA and Corporate Trusteed only)," the discussion below and
in Part 4 of the SAI for certain additional Equitable Life, Code and ERISA
rules covering loans from qualified plans or TSAs.
In certain cases, direct transfers between TSA issuers are not treated as
taxable distributions. A tax-deferred rollover, if permitted, can also
postpone taxation. See "Tax-Free Rollover," in this section.
If a Contract is surrendered for its value, the distribution is taxable to
the extent the amount received exceeds the basis (if any). A taxpayer will
have a basis in the Contract if, for example, after-tax contributions have
been made.
The amount of any partial distribution from a qualified plan or a TSA prior
to the annuity starting date is generally taxable, except to the extent that
the distribution is treated as a withdrawal of after-tax contributions.
Distributions are normally treated as pro rata withdrawals of after-tax
contributions and earnings on those contributions.
If an annuity distribution option is elected, any basis will be recovered
under the rules which apply to non-qualified annuities. See "Taxation of Non-
qualified Annuities."
Qualified plan distributions (but not TSAs) may be eligible for the special
tax treatment accorded lump sum distributions (favorable five-year averaging,
and in certain cases, favorable ten-year averaging and long-term capital gain
treatment). This treatment is not available unless the balance to the credit
of a plan participant who has participated in the plan for at least five
years is paid to the recipient within one taxable year, and is payable (i)
after the participant attains age 59-1/2 or (ii) on account of the
participant's (a) death, (b) separation from service (not applicable to
self-employed individuals), or (c) disability (applicable only to
self-employed individuals).
The rules governing taxation of distributions made on account of the death of
the Annuitant in a qualified plan or TSA are similar to those governing death
benefit distributions in non-qualified annuities. See "Taxation of
Non-Qualified Annuities," above. In some instances, distributions from a
qualified plan or TSA made to a surviving spouse may be rolled over to an IRA
or other individual retirement arrangement on a tax-deferred basis. See "Tax
Free Rollover," and "Tax-Qualified Individual Retirement Annuities (IRAs),"
below.
Tax Free Rollover
Any distribution from a qualified plan or a TSA which is an "eligible
rollover distribution" may be rolled over into another eligible retirement
plan, either as a direct rollover or a rollover within 60 days of receiving
the distribution. To the extent a distribution is rolled over, it remains tax
deferred.
A distribution from a qualified plan may be rolled over to another qualified
plan which will accept rollover contributions or an individual retirement
arrangement; a TSA distribution may be rolled over to another TSA or
individual retirement arrange-
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ment. Death benefits received by a spousal beneficiary may only be rolled
over to an IRA.
The taxable portion of most distributions will be eligible for rollover,
except as specifically excluded under the Code. Distributions which cannot be
rolled over generally include periodic payments for life or for a period of
10 years or more, and minimum distributions required under Section 401(a)(9)
of the Code (discussed below). Eligible rollover distributions are discussed
in greater detail under "Federal and State Income Tax Withholding", below.
Minimum Distributions After Age 70 1/2
The minimum distribution rules mandate qualified retirement plan participants
and TSA annuitants to start taking annual distributions from their retirement
plans by age 70 1/2. The distribution requirements are designed to use up
the participant's interest in the plan over the individual's life expectancy.
Whether the correct amount has been distributed is calculated on a year by
year basis; there are no provisions to allow amounts taken in excess of the
required amount to be carried over or carried back and credited to other
years.
Generally, an individual must take the first required minimum distribution
with respect to the calendar year in which the individual turns age 70 1/2.
The individual has the choice to take the first required minimum distribution
during the calendar year he or she turns age 70 1/2, or to delay taking it
until the three month (January 1-April 1) period in the next calendar year.
(Distributions must commence no later than the "Required Beginning Date,"
which is the April 1st of the calendar year following the calendar year in
which the individual turns age 70 1/2.) If the individual chooses to delay
taking the first annual minimum distribution, then the individual will have
to take two minimum distributions in that year--the delayed one for the first
year and the one actually for that year. Once minimum distributions begin,
they must be made at some time every year.
Some individuals may be entitled to delay commencement of required minimum
distributions for all or part of their account balance until after age
70 1/2. Consult your tax adviser to determine whether you may qualify for this
exception.
There are two general ways to take minimum distributions--"account based" or
"annuity based"--and there are a number of distribution options in both of
these categories. These choices are intended to give individuals a great deal
of flexibility to provide for themselves and their families.
You should discuss with your tax adviser which minimum distribution options
are best for your own personal situation. Individuals who are participants in
more than one tax-favored retirement plan may be able to choose different
distribution options for each plan.
Generally, the minimum distribution must be calculated annually for, and
taken from, each tax qualified retirement plan and TSA. Distributions in
excess of the amount required in any year from a qualified plan, for example,
will not satisfy the required amount for a TSA the individual also
participates in. In Notice 88-38, the IRS indicated that an individual
maintaining more than one Code Section 403(b) arrangement may choose to take
the annual required minimum distribution for all TSAs from any one or more
TSAs the individual maintains, as long as the required distribution is
calculated separately for each TSA and all the minimum distribution amounts
are added together.
An account based minimum distribution method may be a lump sum payment, or a
periodic withdrawal made over a period which does not extend beyond the
individual's life expectancy or the joint life expectancies of the individual
and a designated beneficiary. In the alternative, an individual could meet
the minimum distribution requirements by applying the Retirement Account
Value or Annuity Account Value to an annuity over the individual's life or
the joint lives of the individual and a designated beneficiary, or over a
period certain not extending beyond applicable life expectancies.
If an individual dies before the Required Beginning Date or before
distributions in the form of an annuity begin, distributions of the entire
interest under the contract must be completed within five years after death,
unless payments to a designated beneficiary begin within one year of the
Annuitant's death and are made over the beneficiary's life or over a period
certain which does not extend beyond the Beneficiary's life expectancy. If
the surviving spouse is the designated beneficiary, the spouse may delay the
commencement of such payments up until the individual would have attained age
70-1/2. In the alternative, such spouse can roll over the death benefit to an
IRA. See "Tax-Free Rollover" above. If an individual dies after the Required
Beginning Date or after distributions in the form of an annuity have begun,
payments after death must continue to be made at least as rapidly as the
payments made before the death of the Annuitant. Distributions received by a
beneficiary are generally given the same tax treatment the Annuitant would
have received if distribution had been made to the Annuitant.
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Limitations on Distributions
Restrictions apply to the salary reduction (elective deferral) portion of a
TSA or 401(k) program, including both contributions and earnings.
Distributions of restricted salary reduction amounts generally may be made
only if the Annuitant attains age 59-1/2, dies, is disabled, separates from
service or on account of financial hardship. Hardship withdrawals are limited
to the amount actually contributed under a salary reduction agreement,
without earnings. These restrictions do not apply to the amount of your TSA
Contract as of December 31, 1988 attributable to salary reduction
contributions and earnings (or to the extent such amount is properly carried
over from an existing TSA to an EQUI-VEST TSA Contract). To take advantage of
this grandfathering you must properly notify us in writing at our Processing
Office of your December 31, 1988 account balance if you have qualifying
amounts transferred to your TSA Contract.
Spousal consent rules
In the case of many qualified plans and certain TSAs, if an Annuitant is
married at the time a loan, withdrawal, or other distribution is requested
under the Contract, spousal consent is required. In addition, unless the
Annuitant elects otherwise with the written consent of the spouse, the
retirement benefits payable under the plan or arrangement must be paid in the
form of a "qualified joint and survivor annuity" (QJSA). A QJSA is an annuity
payable for the life of the Annuitant with a survivor annuity for the life of
the spouse in an amount which is not less than one-half of the amount payable
to the Annuitant during his or her lifetime. In addition, a married
Annuitant's beneficiary must be the spouse, unless the spouse consents in
writing to the designation of a different beneficiary.
TAX-QUALIFIED INDIVIDUAL RETIREMENT
ANNUITIES (IRAS)
Your Contract is designed to qualify as an IRA under Section 408(b) of the
Code. Your rights under the Contract cannot be forfeited.
This prospectus contains the information which the IRS requires to be
disclosed to an individual before he or she purchases an IRA. This section of
Part 10 covers some of the special tax rules that apply to individual
retirement arrangements. You should be aware that an IRA is subject to
certain restrictions in order to qualify for its special treatment under the
Federal tax law.
Further information on IRA tax matters can be obtained from any IRS district
office. Additional information regarding IRAs, including a discussion of
required distributions, can be found in Internal Revenue Service Publication
590, entitled "Individual Retirement Arrangements (IRAs)," which is generally
updated annually.
We have received favorable opinion letters from the IRS approving the forms
of the individual Contract and group certificates for all EQUI-VEST Contracts
as an IRA. Such IRS approval is a determination only as to the form of the
annuity and does not represent a determination of the merits of the annuity
as an investment. The Contract is also subject to certain state regulatory
requirements.
Cancellation
You can cancel a Contract issued as an IRA by following the directions in
Part 1 under "10-Day Free Look." Since there may be adverse tax consequences
if a Contract is cancelled (and because we are required to report to the IRS
certain IRA distributions from cancelled IRAs), you should consult with a tax
adviser before making any such decision.
Contributions to IRAs
Individuals may make three different types of contributions to purchase an
IRA, or as later additions to an existing IRA: "regular" contributions out of
earnings, tax-free "rollover" contributions from tax-qualified plans, or
direct custodian-to-custodian transfers from other individual retirement
arrangements ("direct transfers"). See "Contributions Under the Contracts" in
Part 6. The immediately following discussion relates to "regular" IRA
contributions. Transfer and rollover contributions are discussed below under
"Tax Free Transfers and Rollovers."
Generally, $2,000 is the maximum amount of deductible and nondeductible
contributions which may be made to all IRAs by an individual in any taxable
year. The above limit may be less where the individual's earnings are below
$2,000. This limit does not apply to rollover or direct transfer
contributions into an IRA.
If the individual's spouse does not work or elects to be treated as having no
compensation, the individual and the individual's spouse may contribute up to
$2,250 to individual retirement arrangements (but no more than $2,000 to any
one individual retirement arrangement). The non-working spouse owns his or
her individual retirement arrangements, even if the working spouse makes
contributions to purchase the spousal individual retirement arrangements.
The amount of IRA contribution for a tax year that an individual can deduct
depends on whether the
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individual (or the individual's spouse, if a joint return is filed) is
covered by an employer-sponsored tax-favored retirement plan (including a
qualified plan, TSA or SEP, but not an EDC plan). If neither the individual
nor the individual's spouse is covered during any part of the taxable year by
such a plan, then regardless of adjusted gross income (AGI), each working
spouse may make a deductible contribution to an IRA for each tax year
(MAXIMUM PERMISSIBLE DOLLAR DEDUCTION) up to the lesser of $2,000 or 100% of
compensation.
In certain cases, individuals covered by a tax-favored retirement plan
include persons eligible to participate in the plan although not actually
participating. Whether or not a person is covered by a retirement plan will
be reported on an employee's Form W-2.
If the individual is single and covered by such a plan during any part of the
taxable year, the deduction for IRA contributions phases out with AGI between
$25,000 and $35,000. If the individual is married and files a joint return,
and either the individual or the spouse is covered by such a plan during any
part of the taxable year, the deduction for IRA contributions phases out with
AGI between $40,000 and $50,000. If the individual is married, files a
separate return and is covered by a tax-favored retirement plan during any
part of the taxable year, the IRA deduction phases out with AGI between $0
and $10,000. Married individuals filing separate returns must take into
account the retirement plan coverage of the other spouse, unless the couple
has lived apart for the entire taxable year. If AGI is below the phase-out
range, an individual is entitled to the Maximum Permissible Dollar Deduction.
In computing the partial IRA deduction the individual must round the amount
of the deduction to the nearest $10. The permissible deduction for IRA
contributions is a minimum of $200 if AGI is less than the amount at which
the deduction entirely phases out.
If the individual (or the individual's spouse, unless the couple has lived
apart the entire taxable year and their filing status is married, filing
separately) is covered by a tax-favored retirement plan, the deduction for
IRA contributions must be computed using one of two methods. Under the first
method, the individual determines AGI and subtracts $25,000 if the individual
is a single person, $40,000 if the individual is married and files a joint
return with the spouse, or $0 if the individual is married and files a
separate return. The resulting amount is the individual's Excess AGI. The
individual then determines the limit on the deduction for IRA contributions
using the following formula:
<TABLE>
<CAPTION>
<S> <C> <C>
$10,000-Excess AGI
----------------------- Maximum Permissible Adjusted Dollar
$10,000 x Dollar Deduction = Deduction Limit
</TABLE>
Under the second method, the individual determines his or her Excess AGI and
then refers to the following chart originally prepared by the IRS to
determine the deduction.
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IRS Chart
- -----------------------------------------------------------------------------
ESTIMATED DEDUCTION TABLE
If your Maximum Permissible Dollar Deduction is $2,000, use this table to
estimate the amount of your contribution which will be deductible.
<TABLE>
<CAPTION>
EXCESS AGI DEDUCTION EXCESS AGI DEDUCTION EXCESS AGI DEDUCTION EXCESS AGI DEDUCTION
- ------------ ----------- ------------ ----------- ------------ ----------- ------------ -----------
<S> <C> <C> <C> <C> <C> <C> <C>
$ 0 $2,000 $2,550 $1,490 $5,050 $990 $ 7,550 $490
50 1,990 2,600 1,480 5,100 980 7,600 480
100 1,980 2,650 1,470 5,150 970 7,650 470
150 1,970 2,700 1,460 5,200 960 7,700 460
200 1,960 2,750 1,450 5,250 950 7,750 450
250 1,950 2,800 1,440 5,300 940 7,800 440
300 1,940 2,850 1,430 5,350 930 7,850 430
350 1,930 2,900 1,420 5,400 920 7,900 420
400 1,920 2,950 1,410 5,450 910 7,950 410
450 1,910 3,000 1,400 5,500 900 8,000 400
500 1,900 3,050 1,390 5,550 890 8,050 390
550 1,890 3,100 1,380 5,600 880 8,100 380
600 1,880 3,150 1,370 5,650 870 8,150 370
650 1,870 3,200 1,360 5,700 860 8,200 360
700 1,860 3,250 1,350 5,750 850 8,250 350
750 1,850 3,300 1,340 5,800 840 8,300 340
800 1,840 3,350 1,330 5,850 830 8,350 330
850 1,830 3,400 1,320 5,900 820 8,400 320
900 1,820 3,450 1,310 5,950 810 8,450 310
950 1,810 3,500 1,300 6,000 800 8,500 300
1,000 1,800 3,550 1,290 6,050 790 8,550 290
1,050 1,790 3,600 1,280 6,100 780 8,600 280
1,100 1,780 3,650 1,270 6,150 770 8,650 270
1,150 1,770 3,700 1,260 6,200 760 8,700 260
1,200 1,760 3,750 1,250 6,250 750 8,750 250
1,250 1,750 3,800 1,240 6,300 740 8,800 240
1,300 1,740 3,850 1,230 6,350 730 8,850 230
1,350 1,730 3,900 1,220 6,400 720 8,900 220
1,400 1,720 3,950 1,210 6,450 710 8,950 210
1,450 1,710 4,000 1,200 6,500 700 9,000 200
1,500 1,700 4,050 1,190 6,550 690 9,050 200
1,550 1,690 4,100 1,180 6,600 680 9,100 200
1,600 1,680 4,150 1,170 6,650 670 9,150 200
1,650 1,670 4,200 1,160 6,700 660 9,200 200
1,700 1,660 4,250 1,150 6,750 650 9,250 200
1,750 1,650 4,300 1,140 6,800 640 9,300 200
1,800 1,640 4,350 1,130 6,850 630 9,350 200
1,850 1,630 4,400 1,120 6,900 620 9,400 200
1,900 1,620 4,450 1,110 6,950 610 9,450 200
1,950 1,610 4,500 1,100 7,000 600 9,500 200
2,000 1,600 4,550 1,090 7,050 590 9,550 200
2,050 1,590 4,600 1,080 7,100 580 9,600 200
2,100 1,580 4,650 1,070 7,150 570 9,650 200
2,150 1,570 4,700 1,060 7,200 560 9,700 200
2,200 1,560 4,750 1,050 7,250 550 9,750 200
2,250 1,550 4,800 1,040 7,300 540 9,800 200
2,300 1,540 4,850 1,030 7,350 530 9,850 200
2,350 1,530 4,900 1,020 7,400 520 9,900 200
2,400 1,520 4,950 1,010 7,450 510 9,950 200
2,450 1,510 5,000 1,000 7,500 500 10,000 0
2,500 1,500
</TABLE>
- ------------
Excess AGI = Your AGI minus your THRESHOLD LEVEL:
If you are single, your Threshold Level is $25,000.
If you are married, your Threshold Level is $40,000.
If you are married and file a separate tax return, your
Excess AGI = your AGI.
79
<PAGE>
Contributions may be made for a tax year until the deadline for filing a
Federal income tax return for that tax year (without extensions). No
contributions are allowed for the tax year in which an individual attains age
70-1/2 or any tax year after that. A working spouse age 70-1/2 or over,
however, can contribute up to the lesser of $2,000 or 100% of "earned income"
to a spousal IRA for a non-working spouse until the year in which the
non-working spouse reaches age 70-1/2.
An individual not eligible to deduct part or all of the IRA contribution may
still make nondeductible contributions on which earnings will accumulate on a
tax-deferred basis. The deductible and nondeductible contributions may not,
however, together exceed the lesser of the $2,000 limit (or $2,250 spousal
limit) or 100% of compensation for each tax year. See "Excess Contributions."
Individuals must keep their own records of deductible and nondeductible
contributions in order to prevent double taxation on the distribution of
previously taxed amounts. See "Distributions from IRA Contracts."
An individual making nondeductible contributions in any taxable year, or
receiving amounts from any IRA to which he or she has made nondeductible
contributions, must file the required information with the IRS. Moreover,
individuals making nondeductible IRA contributions must retain all income tax
returns and records pertaining to such contributions until interests in such
IRAs are fully distributed.
Excess Contributions
Excess contributions to an IRA are subject to a 6% excise tax for the year in
which made and for each year thereafter until withdrawn. In the case of
"regular" IRA contributions any contribution in excess of the lesser of
$2,000 or 100% of compensation or earned income is an "excess contribution,"
(without regard to the deductibility or nondeductibility of IRA contributions
under this limit). Also, any "regular" contributions made after you reach age
70 1/2 are excess contributions. In the case of rollover IRA contributions,
excess contributions are amounts which are not eligible to be rolled over
(for example, after-tax contributions to a qualified plan or minimum
distributions required to be made after age 70 1/2). An excess contribution
(rollover or "regular") which is withdrawn, however, before the time for
filing the individual's federal income tax return for the tax year (including
extensions) is not includable in income and is not subject to the 10% penalty
tax on early distributions (discussed below under "Penalty Tax on Early
Distributions"), provided any earnings attributable to the excess
contribution are also withdrawn and no tax deduction is taken for the excess
contribution. The withdrawn earnings on the excess contribution, however,
would be includable in the individual's gross income for the tax year in
which the excess contribution from which they arose was made and would be
subject to the 10% penalty tax. If excess contributions are not withdrawn
before the time for filing the individual's federal income tax return for the
tax year (including extensions), the "regular" contributions may still be
withdrawn after that time if the IRA contribution for the tax year did not
exceed $2,250 and no tax deduction was taken for the excess contribution; in
that event, the excess contribution would not be includable in gross income
and would not be subject to the 10% penalty tax. Lastly, excess "regular"
contributions may also be reduced by underutilizing the allowable
contribution limits for a later year.
If excess rollover contributions are not withdrawn before the time for filing
the individual's Federal tax return for the year (including extensions) and
the excess contribution occurred as a result of incorrect information
provided by the plan, any such excess amount can be withdrawn if no tax
deduction was taken for the excess contribution. As above, excess rollover
contributions withdrawn under those circumstances would not be includable in
gross income and would not be subject to the 10% penalty tax.
Tax-Free Transfers and Rollovers
Rollover contributions may be made to an IRA from these sources: (i)
qualified plans, (ii) TSAs (including 403(b)(7) custodial accounts) and (iii)
other individual retirement arrangements.
The rollover amount must be transferred to the Contract either as a direct
rollover of an "eligible rollover distribution" (described below) or as a
rollover by the individual plan participant or owner of the individual
retirement arrangement. In the latter cases, the rollover must be made within
60 days of the date the proceeds from another individual retirement
arrangement or an eligible rollover distribution from a qualified plan or TSA
were received. Generally the taxable portion of any distribution from a
qualified plan or TSA is an eligible rollover distribution and may be rolled
over tax-free to an IRA unless the distribution is (i) a required minimum
distribution under Section 401(a)(9) of the Code; or (ii) one of a series of
substantially equal periodic payments made (not less frequently than
annually) (a) for the life (or life expectancy) of the plan participant or
the joint lives (or joint life expectancies) of the plan participant and his
or her designated beneficiary, or (b) for a specified period of ten years or
more. See "Federal and State Income Tax Withholding--Mandatory Withholding
from Qualified Plans and TSAs," below.
80
<PAGE>
Under some circumstances, amounts from a Contract may be rolled over on a
tax-free basis to a qualified plan. To get this "conduit" IRA treatment, the
source of funds used to establish the IRA must be a rollover contribution
from the qualified plan and the entire amount received from the IRA
(including any earnings on the rollover contribution) must be
rolled over into another qualified plan within 60 days of the date received.
Similar rules apply in the case of a TSA.
We offer a separate IRA contract subject to separate charges, designed to
serve as a "conduit" IRA for this purpose (QP IRA Contract). Therefore
amounts in a QP IRA contract which are not commingled with "regular" IRA
Contributions or nonqualified plan funds (or TSA funds, as the case may be)
may be eligible to be rolled over into another qualified plan (or TSA, as the
case may be) which accepts such contributions.
Under the conditions and limitations of the Code, an individual may elect for
each IRA to make a tax-free rollover once every 12-month period among
individual retirement arrangements (including rollovers from retirement bonds
purchased before 1983). Custodian-to-custodian transfers are not rollovers
and can be made more frequently than once a year.
The same tax-free treatment applies to amounts withdrawn from the Contract
and rolled over into other individual retirement arrangements unless the
distribution was received under an inherited IRA.
Tax-free rollovers are also available to the surviving spouse beneficiary, of
a deceased individual, or a spousal alternate payee of a qualified domestic
relations order applicable to a qualified plan or TSA. In some cases, IRAs
can be transferred on a tax-free basis between spouses or former spouses
incidental to a judicial decree of divorce or separation.
Distributions from IRA Contracts
Income or gains on contributions under IRAs are not subject to Federal income
tax until benefits are distributed to the individual. Distributions include
withdrawals from your Contract, surrender of your Contract and annuity
payments from your Contract. Death benefits are also distributions. Except as
discussed below, the amount of any distribution from an IRA is fully
includable by the individual in gross income.
If the individual makes nondeductible IRA contributions, those contributions
are recovered tax-free when distributions are received. The individual must
keep records of all nondeductible contributions. At the end of each tax year
in which the individual has received a distribution, the individual
determines a ratio of the total nondeductible IRA contributions (less any
amounts previously withdrawn tax-free) to the total account balances of all
IRAs held by the individual at the end of the tax year (including rollover
IRAs and SEPs) plus all IRA distributions made during such tax year. The
resulting ratio is then multiplied by all distributions from the IRA during
that tax year to determine the nontaxable portion of each distribution.
In addition, a distribution (other than a required minimum distribution
discussed below is not taxable if (1) the amount received is a return of
excess contributions which are withdrawn, as described under "Excess
Contributions," (2) the entire amount received is rolled over to another
individual retirement arrangement (see "Tax-Free Transfers and Rollovers") or
(3) in certain limited circumstances, where the IRA acts as a "conduit," the
entire amount is paid into a qualified plan or TSA that accepts such
contributions.
Distributions from an IRA are not entitled to the special favorable five-year
averaging method (or, in certain cases, favorable ten-year averaging and
long-term capital gain treatment) available in certain cases to
distributions from qualified plans.
Minimum Distributions After Age 70 1/2
The minimum distribution rules discussed above under "Qualified Plans and
TSAs--Minimum Distributions After Age 70 1/2" also generally apply to IRAs.
Individuals who are participants in more than one individual retirement
arrangement or other tax favored retirement plan may be able to choose
different distribution options for each arrangement. Your minimum
distribution for any taxable year is calculated by adding together the
separate minimum distribution amounts from each of your individual retirement
arrangements. The IRS, however, does not require that you take out the
minimum distribution from each individual retirement arrangement that you
maintain. As long as the total amount distributed annually for all IRAs
satisfies your overall minimum distribution requirement for IRAs, you may
choose to take your annual required distribution for IRAs from any one or
more individual retirement arrangements that you maintain.
This special rule applies only to IRAs and TSAs and does not apply to
qualified plans. A distribution from a TSA will not satisfy a distribution
requirement for IRAs.
If the individual dies after distribution in the form of an annuity has
begun, or after the Required Beginning Date, payment of the remaining
interest must be made at least as rapidly as under the method used prior to
the individual's death. The IRS has indicated that an exception to this rule
may apply if the beneficiary of the IRA is the surviving spouse. In some
circumstances, the surviving spouse may elect to "make the IRA his or her
own" and halt distributions until he or she reaches age 70 1/2. If an
individual dies before the Required Beginning Date and before distributions
in the form of an annuity begin,
81
<PAGE>
distributions of the individual's entire interest under the Contract must be
completed within five years after death, unless payments to a designated
beneficiary begin within one year of the individual's death and are made over
the beneficiary's life or over a period certain which does not extend beyond
the beneficiary's life expectancy.
If the surviving spouse is the designated beneficiary, the spouse may delay
the commencement of such payments up until the individual would have attained
age 70-1/2. In the alternative, a surviving spouse may elect to roll over the
inherited IRA into the surviving spouse's own IRA. Under Series 300 and 400
Contracts, if you elect to have your spouse be the sole primary beneficiary
and to be the Successor Annuitant and Contract Owner, then your surviving
spouse automatically becomes both the successor Contract Owner and Annuitant,
and no death benefit is payable until the surviving spouse's death.
If there is an insufficient distribution in any year, a 50% tax may be
imposed on the amount by which the minimum required to be distributed exceeds
the amount actually distributed. The penalty tax may be waived by the
Secretary of the Treasury in certain limited circumstances. Failure to have
distributions made as the Code and Treasury regulations require may result in
disqualification of your IRA. See "Tax Penalty for Insufficient
Distributions" below.
Taxation of Death Benefit
Distributions received by a beneficiary are generally given the same tax
treatment the individual would have received if distribution had been made to
the individual.
Prohibited Transaction
An IRA may not be borrowed against or used as collateral for a loan or other
obligation. If the IRA is borrowed against or used as collateral, its tax-
favored status will be lost as of the first day of the tax year in which the
event occurred. If this happens, the individual must include in Federal gross
income for that year an amount equal to the fair market value of the IRA
Contract as of the first day of that tax year, less the amount of any
nondeductible contributions not previously withdrawn. Also, the early
distribution penalty tax of 10% will apply if the individual has not reached
age 59-1/2 before the first day of that tax year. See "Penalty Tax on Early
Distributions."
Illustration of Guaranteed Rates
The following two tables which the IRS requires us to furnish to prospective
IRA Contract Owners illustrate guaranteed rates for contributions assumed to
be allocated entirely to the Guaranteed Interest Account under Series 300 and
400 Contracts. Table I illustrates a $1,000 contribution made annually on the
Contract Date and on each subsequent anniversary, assuming no withdrawals or
transfers were made from the Contract. Table II assumes a single initial
contribution of $1,000, with no further contributions, withdrawals or
transfers. The 3% guaranteed rate is the minimum guaranteed interest rate in
the Contract.
As explained in "Part 8: Deductions and Charges," the values shown assume the
contingent withdrawal charge applies. These values reflect the effect of the
annual administrative charge deducted at the end of each Contract Year in
which the Annuity Account Value is less than $20,000.
To find the appropriate value for the end of the Contract Year at any
attained age, subtract the issue age (age nearest birthday) from the attained
age and enter the table at the corresponding year. Years that correspond to
an attained age in excess of 70 should be ignored.
The information shown in the tables should be considered in light of your
present age and (with respect to Table I) your ability to contribute $1,000
annually. You should also understand that in order to avoid severe tax
penalties, distribution of the values under your Contract generally must
commence not later than April 1st of the calendar year after the calendar
year you attain age 70-1/2. Subsequent distributions must be made by December
31st of each calendar year. See "Penalty Tax on Early Distributions" and "Tax
Penalties for Insufficient Distributions." Any change in the amounts
contributed annually, or in the amount of the single contribution, would, of
course, change the results shown.
82
<PAGE>
TABLE I
ANNUITY ACCOUNT VALUES AND
CASH VALUES
(Assuming $1,000 Contributions Made Annually
at the beginning of the Contract Year)
<TABLE>
<CAPTION>
3% MINIMUM GUARANTEE
- --------------------------------------
ANNUITY
CONTRACT ACCOUNT
YEAR END VALUE CASH VALUE
- ---------- ------------ ------------
<S> <C> <C>
1 $ 1,009.40 $ 954.89
2 2,039.68 1,929.54
3 3,100.87 2,933.43
4 4,193.90 3,967.43
5 5,319.72 5,032.45
6 6,479.31 6,129.42
7 7,673.69 7,313.69
8 8,903.90 8,543.90
9 10,171.01 9,811.01
10 11,476.14 11,116.14
11 12,820.43 12,460.43
12 14,205.04 13,845.04
13 15,631.19 15,271.19
14 17,100.13 16,740.13
15 18,613.13 18,253.13
16 20,201.53 19,841.53
17 21,837.57 21,477.57
18 23,522.70 23,162.70
19 25,258.38 24,898.38
20 27,046.13 26,686.13
21 28,887.52 28,527.52
22 30,784.14 30,424.14
23 32,737.67 32,377.67
24 34,749.80 34,389.80
25 36,822.29 36,462.29
26 38,956.96 38,596.96
27 41,155.67 40,795.67
28 43,420.34 43,060.34
29 45,752.95 45,392.95
30 48,155.53 47,795.53
31 50,630.20 50,270.20
32 53,179.11 52,819.11
33 55,804.48 55,444.48
34 58,508.61 58,148.61
35 61,293.87 60,933.87
36 64,162.69 63,802.69
37 67,117.57 66,757.57
38 70,161.10 69,801.10
39 73,295.93 72,935.93
40 76,524.81 76,164.81
41 79,850.55 79,490.55
42 83,276.07 82,916.07
43 86,804.35 86,444.35
44 90,438.48 90,078.48
45 94,181.64 93,821.64
46 98,037.08 97,677.08
47 102,008.20 101,648.20
48 106,098.44 105,738.44
49 110,311.40 109,951.40
50 114,650.74 114,290.74
</TABLE>
TABLE II
ANNUITY ACCOUNT VALUES AND
CASH VALUES
(Assuming a Single Contribution of $1,000 and
No Further Contribution)
<TABLE>
<CAPTION>
3% MINIMUM GUARANTEE
- ---------------------------------------------
ANNUITY
CONTRACT ACCOUNT
YEAR END VALUE CASH VALUE
- -------------------- ----------- ----------
<S> <C> <C>
1 $1,009.40 $ 954.89
2 1,018.89 963.87
3 1,019.46 964.40
4 1,020.04 964.96
5 1,020.64 965.53
6 1,021.26 966.11
7 1,021.90 1,021.90
8 1,022.55 1,022.55
9 1,023.23 1,023.23
10 1,023.93 1,023.93
11 1,024.65 1,024.65
12 1,025.38 1,025.38
13 1,026.15 1,026.15
14 1,026.93 1,026.93
15 1,027.74 1,027.74
16 1,028.57 1,028.57
17 1,029.43 1,029.43
18 1,030.31 1,030.31
19 1,031.22 1,031.22
20 1,032.16 1,032.16
21 1,033.12 1,033.12
22 1,034.11 1,034.11
23 1,035.14 1,035.14
24 1,036.19 1,036.19
25 1,037.28 1,037.28
26 1,038.40 1,038.40
27 1,039.55 1,039.55
28 1,040.73 1,040.73
29 1,041.96 1,041.96
30 1,043.22 1,043.22
31 1,044.51 1,044.51
32 1,045.85 1,045.85
33 1,047.22 1,047.22
34 1,048.64 1,048.64
35 1,050.10 1,050.10
36 1,051.60 1,051.60
37 1,053.15 1,053.15
38 1,054.74 1,054.74
39 1,056.39 1,056.39
40 1,058.08 1,058.08
41 1,059.82 1,059.82
42 1,061.61 1,061.61
43 1,063.46 1,063.46
44 1,065.37 1,065.37
45 1,067.33 1,067.33
46 1,069.35 1,069.35
47 1,071.43 1,071.43
48 1,073.57 1,073.57
49 1,075.78 1,075.78
50 1,078.05 1,078.05
</TABLE>
83
<PAGE>
SIMPLIFIED EMPLOYEE PENSIONS (SEPS)
An employer can establish a SEP for its employees and can make contributions
to a Contract for each eligible employee. A SEP Contract is a form of IRA
Contract, owned by the employee-Annuitant and most of the rules applicable to
IRAs discussed above apply. A major difference is the amount of permissible
contributions. Rules similar to those discussed above under "Tax Qualified
Retirement Plans" (Qualified Plans) apply. Due to statutory limits, in 1996
an employer can annually contribute an amount for an employee up to the
lesser of $22,500 or 15% of the employee's compensation, determined without
taking into account the employer's contribution to the SEP. This $22,500
maximum, based on the statutory compensation limit of $150,000, may be
adjusted for cost of living changes in future years. Under our current
practice, IRA contributions by the employee may not be made under a SEP
Contract and are put into a separate IRA Contract. Employers with 25 or fewer
eligible employees may allow such employees to make salary reduction
contributions to a SEP (SARSEP). SARSEP programs are subject to a number of
special rules, some of which are discussed in the SAI.
SEP plans are available under EQUI-VEST Series 300 in most states. EQUI-VEST
SEP Series 200 are available in states where the 300 Series is not available.
PUBLIC AND TAX-EXEMPT ORGANIZATION
EMPLOYEE DEFERRED COMPENSATION
PLANS (EDC PLANS)
Employees and independent contractors who perform services for a state
(including any subdivision or agency of the state) or other tax-exempt
employer may exclude from Federal gross income certain salary reduction
amounts. To qualify, the employer must maintain an EDC plan satisfying the
requirements of Section 457 of the Code. EQUI-VEST Series 100 or 200
Contracts are used to fund EDC plans that must be owned by the employer, and
are subject to the claims of the employer's general creditors. However, the
EDC plan may permit the employee to choose among various investment options.
Tax-exempt, non-governmental employers are generally subject to ERISA, and
may be required by the provisions of that Act to limit participation in an
EDC plan to a select group of management or highly compensated employees.
Generally, the maximum contribution amount that can be excluded from gross
income in any tax year under an EDC plan is 33 1/3% of the employee's
"includable compensation," up to $7,500. Special rules may permit "catch-up"
contributions during the three years preceding normal retirement age under
the EDC plan.
In general, no amounts may be withdrawn from an EDC plan prior to the
calendar year in which the employee attains age 70-1/2, separates from
service or in the event of an unforeseen emergency. Income or gains on
contributions under an EDC plan are subject to Federal income tax when
amounts are distributed or made available to the employee or beneficiary.
Distributions from EDC plans generally must commence no later than April 1st
of the calendar year following the calendar year in which the employee
attains 70-1/2. Special rules apply, however, to employees in EDC plans which
are governmental plans.
If the Annuitant does not commence minimum distributions in the calendar year
in which the Annuitant attains age 70 1/2, and waits until the three month
(January 1-April 1) period in the next calendar year to commence minimum
distributions, then the Annuitant must take two required minimum
distributions in that calendar year.
Distributions from an EDC plan may not be rolled over or transferred to an
IRA.
Distributions to an EDC plan participant are characterized as "wages" for
income tax reporting and withholding purposes. No election out of withholding
is possible. See "Federal and State Income Tax Withholding," below. These
amounts are not subject to FICA tax, if FICA tax was withheld by the employer
when wages were deferred. In certain circumstances, receipt of payments from
an EDC plan may result in a reduction of an employee's Social Security
benefits.
If the EDC plan so provides, a deceased employee's beneficiary may be able to
elect to receive death benefits in installments instead of a lump sum, and
will be taxed as the payments are received. However, the death benefits must
be received within 15 years of the date of the deceased employee's death (or
within the period of the life expectancy of the surviving spouse if the
spouse is the designated beneficiary).
Due to unrelated business income tax rules, annuity Contracts may not be an
appropriate funding vehicle for an EDC plan maintained by any organization
exempt from tax under the following Code Sections: 501(c)(7) (social club);
501(c)(9) (VEBA); 501(c)(17) (supplemental unemployment compensation benefit
plan trust); or 501(c)(20) (legal services plan trust). Please contact your
tax adviser to see if these limits may apply to your EDC plan.
84
<PAGE>
PENALTY TAX ON EARLY DISTRIBUTIONS
The taxable portion of distributions from a qualified plan or TSA will be
subject to a 10% penalty tax unless the distribution is made on or after the
Annuitant's death, attributable to the Annuitant becoming disabled, or when
the Annuitant reaches age 59-1/2. The penalty tax will also not apply if the
Annuitant (i) separates from service and elects a payout over his or her life
or life expectancy (or joint and survivor lives or life expectancies), (ii)
has attained age 55 and separates from service, or (iii) uses the
distribution to pay certain extraordinary medical expenses. The taxable
portion of IRA and SEP distributions are also subject to the 10% penalty tax
unless the distribution is made (1) on or after your death, (2) because you
have become disabled, (3) on or after the date when you reach age 59 1/2, or
(4) in the form of a substantially equal periodic payout over your life or
life expectancy (or joint and survivor lives or life expectancies), to be
made at least annually is also not subject to penalty tax.
This penalty tax does not apply to employees in an EDC plan.
TAX PENALTY FOR INSUFFICIENT
DISTRIBUTIONS
Failure to make required distributions may cause the disqualification of the
IRA, SEP, TSA, qualified plan, or EDC plan. Disqualification results in
current taxation of the Annuitant's entire benefit. In addition, a 50%
penalty tax is imposed on the difference between the required distribution
amount and the amount actually distributed, if any.
It is the plan administrator's responsibility to see that minimum
distributions from a qualified plan are made. It is the TSA or IRA owner's
responsibility to see that the minimum distributions are made with respect to
a contract. We do not automatically make distributions from a Contract before
the Retirement Date unless a request has been made. We will notify you when
our records show that your age 70 1/2 is approaching. In the case of IRA and
TSA contracts, if you do not select a method, we will assume you are taking
your minimum distribution from another TSA or IRA that you maintain. You
should consult with your tax adviser concerning these rules and their proper
application to your situation. See "Distributions From Qualified Plans and
TSAs and Tax Qualified IRAs--Minimum Distributions After Age 70 1/2"
elsewhere in this section.
FEDERAL AND STATE INCOME TAX
WITHHOLDING
Equitable Life is required to withhold Federal income tax on the taxable
portion of qualified plan payments and payments from annuity contracts. The
rate of withholding will depend on the type of distribution and, in certain
cases, the amount of the distribution. (In the case of MOMENTUM and Trusteed
Contracts which continue to be owned by the trustee, any required Federal
income tax withholding is the responsibility of the plan administrator.)
Unless the payment is an "eligible rollover distribution" from a qualified
plan or a TSA, the recipient generally may elect not to be subject to income
tax withholding. Compare "Elective Withholding" and "Mandatory Withholding
From Qualified Plans and TSAs," below. However, payments under EDC plans are
also subject to mandatory wage withholding rules; no election out is
permitted. The employer (and not Equitable Life) is generally responsible for
such wage withholding.
Certain states have indicated that pension and annuity withholding will apply
to payments made to residents. Generally, an election out of Federal
withholding will also be considered an election out of state withholding. In
some states, a recipient may elect out of state withholding, even if Federal
withholding applies. It is not clear whether such states may require
mandatory withholding with respect to eligible rollover distributions
(described below). Contact your tax adviser to see how state income tax
withholding may apply to your payment.
Special withholding rules apply to foreign recipients and United States
citizens residing outside the United States. See your tax adviser if you may
be affected by such rules. Withholding may also apply to taxable amounts paid
under a 10-day free look cancellation.
Elective Withholding
Requests not to withhold Federal income tax must be made in writing prior to
receiving benefits under the Contract. The Processing Office will provide
forms for this purpose. No election out of withholding is valid unless the
recipient provides us with the correct taxpayer identification number and a
United States residence address.
If a recipient does not have sufficient income tax withheld or does not make
sufficient estimated income tax payments, the recipient may incur penalties
under the estimated income tax rules. Recipients should consult their tax
advisers to determine whether they should elect out of withholding.
Periodic payments are generally subject to wage-bracket type withholding (as
if such payments were wages by an employer to an employee) unless the
recipient elects no withholding. If a recipient does not elect out of
withholding or does not specify the number of withholding exemptions,
withholding will
85
<PAGE>
generally be made as if the recipient is married and claiming three
withholding exemptions. There is an annual threshold of taxable income from
periodic payments which is exempt from withholding based on this assumption.
For 1996 a recipient of periodic payments (e.g., monthly or annual payments
which are not "eligible rollover distributions") which total less than
$14,075 taxable amount will generally be exempt from Federal income tax
withholding, unless the recipient specifies a different choice of withholding
exemption. If a recipient fails to provide a correct taxpayer identification
number, withholding is made as if the recipient is single with no exemptions.
A recipient of a partial or total non-periodic distribution (other than
"eligible rollover distributions" discussed below) will generally be subject
to withholding at a flat 10% rate. A recipient who provides a United States
residence address and a correct taxpayer identification number will generally
be permitted to elect not to have tax withheld.
All recipients receiving periodic and non-periodic payments will be further
notified of the withholding requirements and of their right, if any, to make
withholding elections.
Mandatory Withholding From Qualified Plans and TSAs
All "eligible rollover distributions" are subject to mandatory Federal income
tax withholding of 20% unless the employee elects to have the distribution
directly rolled over to a qualified plan or individual retirement
arrangement. The following are not eligible rollover distributions subject to
mandatory 20% withholding:
o any distribution to the extent that the distribution is a "required
minimum distribution" under Section 401(a)(9) of the Code;
o any distribution which is one of a series of substantially equal
periodic payments made (not less frequently than annually (1) for the
life (or life expectancy) of the employee or the joint lives (or joint
life expectancies) of the employee and his or her designated
beneficiary, or (2) for a specified period of 10 years or more;
o certain corrective distributions under Code Sections 401(k), 401(m) and
402(g);
o loans that are treated as deemed distributions;
o P.S. 58 costs (incurred if the plan provides life insurance protection
for participants); and
o a distribution to a beneficiary other than to a surviving spouse or a
current or former spouse under a qualified domestic relations order.
If a distribution is made to a plan participant's surviving spouse, or to a
current or former spouse under a qualified domestic relations order, the
distribution may be an eligible rollover distribution, subject to mandatory
20% withholding, unless one of the exceptions described above applies.
If a distribution is not an "eligible rollover distribution," the rules on
elective withholding described above, apply.
OTHER WITHHOLDING
In certain cases Equitable may be required to withhold, or temporarily hold
back, an amount of death benefit due to potential application of state
inheritance or estate tax rules or federal "generation skipping tax," which
is a form of estate tax. The potential application of these rules varies
depending on the amount of the death benefit, the relationship of the
beneficiaries to the deceased, and the residence of the parties. You should
consult with your tax or legal adviser concerning potential application of
these rules to your own personal situation.
SPECIAL RULES FOR NQ AND TRUSTEED CONTRACTS ISSUED IN PUERTO RICO
Only NQ and Trusteed Contracts are available in Puerto Rico.
EQUI-VEST TRUSTEED--The tax treatment of qualified plans by the United States
and by Puerto Rico is similar in many respects, but may not be identical.
Please consult your tax adviser to determine any differences which may affect
your own situation.
NQ--Under current law, Equitable Life treats income from such Contracts as
U.S.-source. A Puerto Rico resident is subject to U.S. taxation on such
U.S.-source income. Only Puerto Rico-source income of Puerto Rico residents
is excludable from U.S. taxation. Income from these Contracts is also subject
to Puerto Rico tax. The computation of the taxable portion of amounts
distributed from a Contract may differ in the two jurisdictions. Therefore,
an individual might have to file both U.S. and Puerto Rico tax returns,
showing different amounts of income for each. Puerto Rico generally provides
a credit against Puerto Rico tax for U.S. tax paid. Depending on an
individual's personal situation and the timing of the different tax
liabilities, an individual may not be able to take full advantage of this
credit.
Please consult your tax adviser to determine the applicability of these rules
to your own tax situation.
86
<PAGE>
IMPACT OF TAXES TO EQUITABLE LIFE
The Contracts provide that we may charge the Separate Account for taxes. We
can also set up reserves for taxes.
TRANSFERS AMONG INVESTMENT OPTIONS
There will not be any tax liability if you transfer the Annuity Account Value
among the Investment Funds, the Guaranteed Interest Account and the Fixed
Maturity Account.
TAX CHANGES
The United States Congress has in the past considered, and may in the future
consider legislative proposals that, if enacted, could change the tax
treatment of annuities and retirement plans. In addition, the Treasury
Department may amend existing regulations, issue new regulations, or adopt
new interpretations of existing laws. State tax laws or, if you are not a
United States resident, foreign tax laws, may affect the tax consequences to
you or the beneficiary. These laws may change from time to time without
notice and, as a result, the tax consequences may be altered. There is no way
of predicting whether, when or in what form any such change would be adopted.
Any such change could have retroactive effects regardless of the date of
enactment. We suggest you consult your legal or tax adviser.
ERISA MATTERS
ERISA rules are designed to save and protect qualified retirement plan assets
to be paid to plan participants when they retire.
Qualified Plans under 401 of the Code are generally subject to ERISA. Some
TSAs may be subject to Title I of ERISA, generally dependent on the level of
employer involvement, for example if the employer makes matching
contributions.
CERTAIN RULES APPLICABLE TO PLAN LOANS
Qualified plans and TSA loans are subject to Code limits and may also be
subject to the limits of the applicable plan. Code requirements apply even if
the plan is not subject to ERISA. For example loans offered by certain
qualified plans and TSAs are subject to the following conditions:
o The amount of a loan to a participant, when aggregated with all other
loans to the participant from all qualified plans of the employer,
cannot exceed the greater of $10,000 or 50% of the participant's
non-forefeitable accrued benefits, and cannot exceed $50,000 in any
event. This $50,000 limit is reduced by the excess (if any) of the
highest outstanding loan balance over the previous twelve months over
the outstanding balance of plan loans on the date the loan was made.
o In general, the term of the loan cannot exceed five years unless the
loan is used to acquire the participant's primary residence. EQUI-VEST
Contracts have a term limit of 10 years for loans used to acquire the
participant's primary residence.
o All principal and interest must be amortized in substantially level
payments over the term of the loan, with payments being made at least
quarterly.
o If the loan does not qualify under the conditions above, the participant
fails to repay the interest or principal when due, or in some instances,
if the participant separates from service or the plan is terminated, the
amount borrowed or not repaid may be treated as a distribution. The
participant may be required to include as ordinary income the unpaid
amount due and a 10% penalty tax on early distributions may apply. The
plan should report the amount of the unpaid loan balance to the IRS as a
distribution.
o Many plans provide that the participant's spouse must consent in writing
to the loan.
o Except to the extent permitted in accordance with the terms of a
prohibited transaction exemption issued by DOL defined below, loans are
not available (i) in a Keogh (non-corporate) plan to an owner-employee
or a partner who owns more than 10% of a partnership or (ii) to 5%
shareholders in an S corporation.
In addition, certain loan rules apply only to loans under ERISA plans:
o For contracts which are subject to ERISA, the trustee or sponsoring
employer is responsible for insuring that any loan meets applicable
Department of Labor (DOL) requirements. It is the responsibility of the
plan administrator, the trustee of the qualified plan and/or the
employer, and not Equitable Life, to properly administer any loan made
to plan participants. With respect to specific loans made by the plan to
a plan participant, the plan administrator determines the interest rate,
the maximum term and all other terms and conditions of the loan.
o With respect to specific loans made by the plan to a plan participant,
the plan administrator determines the interest rate, the maximum term
and all other terms and conditions of the loan.
87
<PAGE>
o Only 50% of the participant's vested account balance may serve as
security for a loan. To the extent that a participant borrows an amount
which should be secured by more than 50% of the participant's vested
account balance, it is the responsibility of the trustee or plan
administrator to obtain the additional security.
o Each new or renewed loan must bear a reasonable rate of interest
commensurate with the interest rates charged by persons in the business
of lending money for loans that would be made under similar
circumstances.
o Loans must be available to all plan Participants, former Participants
who still have account balances under the plan, beneficiaries (after the
death of a Participant) and alternate payees on a reasonably equivalent
basis.
CERTAIN RULES APPLICABLE TO PLANS
DESIGNED TO COMPLY WITH SECTION
404(C) OF ERISA.
Section 404(c) of ERISA, and the related DOL regulation, provide that if a
plan participant or beneficiary exercises control over the assets in his or
her plan account, plan fiduciaries will not be liable for any loss that is
the direct and necessary result of the plan participant's or beneficiary's
exercise of control. As a result, if the plan complies with Section 404(c)
and the DOL regulation thereunder, the plan participant can make and is
responsible for the results of his or her own investment decisions.
Section 404(c) plans must provide, among other things that a broad range of
investment choices are available to plan participants and beneficiaries and
must provide such plan participants and beneficiaries with enough information
to make informed investment decisions. Compliance with the Section 404(c)
regulation is completely voluntary by the plan sponsor, and the plan sponsor
may choose not to comply with Section 404(c).
The EQUI-VEST Trusteed, HR-10 Annuitant-Owned and TSA and the MOMENTUM
programs provide the broad range of investment choices and information needed
in order to meet the requirements of the Section 404(c) regulation. If the
plan is intended to be a Section 404(c) plan, it is, however, the plan
sponsor's responsibility to see that the requirements of the DOL regulation
are met. Equitable Life and its Agents shall not be responsible if a plan
fails to meet the requirements of Section 404(c).
88
<PAGE>
- --------------------------------------------------------------------------------
PART 11: INDEPENDENT ACCOUNTANTS
- --------------------------------------------------------------------------------
The consolidated financial statements of Equitable Life for the years ended
December 31, 1995, 1994, and 1993 included in Equitable Life's Annual Report
on Form 10-K for the year ended December 31, 1995, incorporated by reference
in the prospectus, have been audited by Price Waterhouse LLP, independent
accountants, whose report thereon is incorporated herein by reference. Such
consolidated financial statements have been incorporated herein by reference
in reliance upon the report of Price Waterhouse LLP given upon their
authority as experts in accounting and auditing.
89
<PAGE>
- -------------------------------------------------------------------------------
APPENDIX I: AN EXAMPLE OF EQUI-VEST MARKET VALUE ADJUSTMENT
- -------------------------------------------------------------------------------
The example below shows how the market value adjustment would be
determined and how it would be applied to a withdrawal, assuming that
$100,000 were to be invested on June 14, 1996 to a Fixed Maturity Period with
an Expiration Date of June 15, 2005 at a Rate to Maturity of 7.00% resulting
in a Maturity Amount at the Expiration Date of $183,846. We further assume
that a withdrawal of $50,000 will be made on June 15, 2000. See "Part 5: The
Fixed Maturity Account" for a description of the market value adjustment.
<TABLE>
<CAPTION>
ASSUMED
FIXED MATURITY RATE ON
JUNE 15, 2000
----------------------
5.00% 9.00%
---------- ----------
<S> <C> <C>
As of June 15, 2000 (Before Withdrawal)
- -------------------------------------------------
(1) Market Adjusted Amount ........................ $144,048 $119,487
(2) Book Value .................................... 131,080 131,080
(3) Market Value Adjustment: (1)-(2) .............. 12,968 (11,593)
On June 15, 2000 (After Withdrawal)
- -------------------------------------------------
(4) Portion of Market Value Adjustment Associated
with Withdrawal: (3) X [$50,000 / (1)] ....... 4,501 (4,851)
(5) Reduction in Book Value: [$50,000-(4)] ....... 45,499 54,851
(6) Book Value: (2)-(5) ........................... 85,581 76,229
(7) Maturity Amount ............................... 120,032 106,915
(8) Revised Market Adjusted Amount ................ 94,048 69,487
</TABLE>
You should note that under this example if a withdrawal is made when rates
have increased from 7.00% to 9.00% (right column), a negative market value
adjustment is realized. On the other hand, if a withdrawal is made when rates
have decreased from 7.00% to 5.00% (left column), a positive market value
adjustment is realized.
90
<PAGE>
- -----------------------------------------------------------------------------
STATEMENT OF ADDITIONAL INFORMATION
TABLE OF CONTENTS
- -----------------------------------------------------------------------------
<TABLE>
<CAPTION>
<S> <C> <C>
PART 1: ADDITIONAL INFORMATION ABOUT THE MOMENTUM PROGRAM Page 3
PART 2: HOW WE DEDUCT THE MOMENTUM QUARTERLY
ADMINISTRATIVE CHARGE Page 3
PART 3: DESCRIPTION OF CONTRIBUTION SOURCES FOR THE MOMENTUM Page 4
PROGRAM
PART 4: ADDITIONAL LOAN PROVISIONS Page 4
PART 5: TAX RULES: SPECIAL ASPECTS Page 7
PART 6: REQUIRED MINIMUM DISTRIBUTIONS OPTION/AUTOMATIC
MINIMUM WITHDRAWAL OPTION Page 9
PART 7: ACCUMULATION UNIT VALUES Page 10
PART 8: CALCULATION OF ANNUITY PAYMENTS Page 10
PART 9: THE REORGANIZATION Page 12
PART 10: MONEY MARKET FUND YIELD INFORMATION Page 12
PART 11: OTHER YIELD INFORMATION Page 13
PART 12: DISTRIBUTION Page 13
PART 13: KEY FACTORS IN RETIREMENT PLANNING Page 13
PART 14: LONG TERM MARKET TRENDS Page 18
PART 15: CUSTODIAN AND INDEPENDENT ACCOUNTANTS Page 20
PART 16: FINANCIAL STATEMENTS Page 20
</TABLE>
HOW TO OBTAIN THE EQUI-VEST AND MOMENTUM STATEMENT OF
ADDITIONAL INFORMATION
Send this request form to:
FOR EQUI-VEST
Individual Annuity Center
The Equitable
P.O. Box 2996
New York, NY 10116-2996
FOR MOMENTUM
Momentum Administrative Services
P.O. Box 2919
New York, NY 10116
Please send me a Statement of Additional Information
- -----------------------------------------------------------------------------
Name
- -----------------------------------------------------------------------------
Address
- -----------------------------------------------------------------------------
City State Zip
91
<PAGE>
PART C
OTHER INFORMATION
-----------------
Item 24. Financial Statements and Exhibits
----------------------------------
(a) Financial Statements included in Part B.
1. Separate Account A:
-------------------
- Statements of Assets and Liabilities for the Year Ended
December 31, 1996;
- Statements of Operations for the Year Ended December 31,
1996;
- Statements of Changes in Net Assets for the Years Ended
December 31, 1996 and 1995;
- Notes to Financial Statements;
- Report of Independent Accountants - Price Waterhouse
2. The Equitable Life Assurance Society of the United States:
---------------------------------------------------------
- Report of Independent Accountants - Price Waterhouse;
- Consolidated Balance Sheets as of December 31, 1996 and 1995;
- Consolidated Statements of Earnings for Years Ended
December 31, 1996, 1995 and 1994;
- Consolidated Statements of Equity for Years Ended
December 31, 1996, 1995 and 1994;
- Consolidated Statements of Cash Flows for Years Ended
December 31, 1996, 1995 and 1994; and
- Notes to Consolidated Financial Statements.
(b) Exhibits.
The following exhibits are filed herewith:
1. (a) Resolutions of the Board of Directors of The
Equitable Life Assurance Society of the United
States ("Equitable") authorizing the
establishment of the Registrant, previously filed
with this Registration Statement No. 2-30070 on
October 27, 1987.
(b) Resolutions of the Board of Directors of
Equitable dated October 16, 1986 authorizing the
reorganization of Separate Accounts A, C, D, E, J
and K into one continuing separate account,
previously filed with this Registration Statement
No. 2-30070 on April 24, 1995.
2. Not applicable.
3. (a) Sales Agreement among Equitable, Separate
Account A and Equitable Variable Life Insurance
Company, as principal underwriter for the Hudson
River Trust, previously filed with this
Registration Statement No. 2-30070 on April 24,
1995.
(b) Sales Agreement, dated as of July 22, 1992, among
Equitable, Separate Account A and Equitable
Variable Life Insurance Company, as principal
underwriter for the Hudson River Trust,
previously filed with this Registration Statement
No. 2-30070 on April 26, 1993.
C-1
<PAGE>
(c) Distribution and Servicing Agreement among Equico
Securities, Inc., Equitable and Equitable Variable
Life Insurance Company, dated as of May 1, 1994,
previously filed with this Registration Statement No.
2-30070 on February 14, 1995.
(d) Distribution Agreement dated as of January 1, 1995 by
and between The Hudson River Trust and Equico
Securities, Inc., previously filed with this
Registration Statement No. 2-30070 on April 24, 1995.
(e) Sales Agreement, dated as of January 1, 1995, by and
among Equico Securities, Inc., Equitable, Separate
Account A, Separate Account No. 301 and Separate
Account No. 51, previously filed with this
Registration Statement No. 2-30070 on April 24, 1995.
4. (a) Form of each group annuity contract and individual
annuity certificate used in connection with EQUI-VEST,
previously filed with this Registration Statement
No. 2-30070 on April 24, 1995.
(b) Endorsements or amendments to EQUI-VEST contract and
certificate forms, previously filed with this
Registration Statement No. 2-30070 on March 2, 1990.
(c) Form of amendment to representative endorsement,
previously filed with this Registration Statement No.
2-30070 on December 21, 1987.
(d) Form of each individual annuity contract used in
connection with EQUI-VEST, previously filed with this
Registration Statement No. 2-30070 on May 27, 1992.
(e) Form of variable annuity contract no. 11993AC-C,
certificate no. 11993AC and Endorsements PF11993IRA,
PF11993QPI and PF11993SEP, previously filed with this
Registration Statement No. 2-30070 on April 24, 1995.
(f) Form of group annuity contract no. 1050-94IC,
previously filed with this Registration Statement No.
2-30070 on April 24, 1995.
(g) Forms of group annuity certificate nos. 94ICA and
94ICB, previously filed with this Registration
Statement No. 2-30070 on April 24, 1995.
(h) Forms of endorsement nos. 94ENIRAI, 94ENNQI and
94ENMVAI to contract no. 1050-94IC, previously filed
C-2
<PAGE>
with this Registration Statement No. 2-30070 on April
24, 1995.
(i) Forms of data pages to endorsement nos. 94ENIRAI,
94ENNQI and 94ENMVAI, previously filed with this
Registration Statement No. 2-30070 on April 24, 1995.
(j) Form of group annuity contract and individual annuity
certificate for Momentum, previously filed with this
Registration Statement No. 2-30070 on February 28,
1996.
(k) Form of Supplementary Contract No. SC96MDSB,
previously filed with this Registration Statement No.
2-30070 on April 26, 1996.
5. (a) Form of application for EQUI-VEST, previously filed with
this Registration Statement No. 2-30070 on October 27,
1987.
(b) Form of application used with the variable annuity
contracts offered under EQUI-VEST PERSONAL RETIREMENT
PROGRAMS, previously filed with this Registration
Statement No. 2-30070 on April 24, 1995.
(c) Form of application for Momentum, previously filed with
this Registration Statement No. 2-30070 on February 28,
1996.
6. (a) Copy of the Restated Charter of Equitable, adopted
August 6, 1992, previously filed with this
Registration Statement No. 2-30070 on April 26, 1993.
(b) By-Laws of Equitable, as amended through July 22, 1992,
previously filed with this Registration Statement No.
2-30070 on April 26, 1993.
(c) Copy of the Certificate of Amendment of the Restated
Charter of Equitable, adopted November 18, 1993,
previously filed with this Registration Statement
No. 2-30070 on February 28, 1996.
(d) By-Laws of Equitable, as amended November 21, 1996.
(e) Copy of the Restated Charter of Equitable, as amended
January 1, 1997.
7. Not applicable.
8. Form of Participation Agreement among EQ Advisors Trust,
Equitable, Equitable Distributors, Inc. and EQ Financial
Consultants, Inc., incorporated by reference to the EQ Advisors
Trust Registration Statement on Form N-1A (File Nos. 33-17217
and 811-07953).
C-3
<PAGE>
9. (a) Opinion and Consent of Herbert P. Shyer, Esq., Executive
Vice President and General Counsel of Equitable, as to
the legality of the securities being registered,
previously filed with this Registration Statement
No. 2-30070 on December 21, 1987.
(b) Opinion and Consent of Jonathan E. Gaines, Esq., Vice
President and Associate General Counsel of Equitable, as
to the legality of the securities being registered,
previously filed with this Registration Statement No.
2-30070 on July 17, 1992.
(c) Opinion and Consent of Jonathan E. Gaines, Esq., Vice
President and Associate General Counsel of Equitable, as
to the legality of the securities being registered,
previously filed with this Registration Statement No.
2-30070 on April 24, 1995.
(d) Opinion and Consent of Jonathan E. Gaines, Esq., Vice
President and Associate General Counsel of Equitable, as
to the legality of the securities being registered for
Momentum, previously filed with this Registration
Statement No. 2-30070 on February 28, 1996.
10. (a) Powers of Attorney.
(b) Notice concerning regulatory relief, previously filed with
this Registration Statement No. 2-30070 on May 27, 1992.
(c) Notice concerning regulatory relief for Momentum,
previously filed with this Registration Statement
No. 2-30070 on February 28, 1996.
(d) Consent of Price Waterhouse LLP.
11. Not applicable.
12. Not applicable.
13. (a) Schedules for computation of Money Market Fund Yield
quotations, previously filed with this Registration
Statement No. 2-30070 on April 28, 1994.
(b) Formulae for Determining "30-Day Yields" for Equi-Vest
Series Contracts Invested In One Investment Fund
(Intermediate Government Securities, Quality Bond or High
Yield) of The Hudson River Trust, previously filed with
this Registration Statement No. 2-30070 on April 24, 1995.
(c) Separate Account A Performance Values Worksheets One-Year
Standardized Performance, previously filed with this
Registration Statement No. 2-30070 on April 28, 1994.
C-4
<PAGE>
27. Financial Data Schedule.
C-5
<PAGE>
Item 25: Directors and Officers of Equitable.
------------------------------------
Set forth below is information regarding the directors and
principal officers of Equitable. Equitable's address is 1290
Avenue of the Americas, New York, New York 10104. The business
address of the persons whose names are preceded by an asterisk
is that of Equitable.
POSITIONS AND
NAME AND PRINCIPAL OFFICES WITH
BUSINESS ADDRESS EQUITABLE
- ---------------- ---------
DIRECTORS
Claude Bebear Director
AXA-UAP
23, Avenue Matignon
75008 Paris, France
Christopher J. Brocksom Director
AXA Equity & Law
Elbury 9
Weedon Lane
Buckinghamshire HP 6505
England
Francoise Colloc'h Director
AXA-UAP
23, Avenue Matignon
75008 Paris, France
Henri de Castries Director
AXA-UAP
23, Avenue Matignon
75008 Paris, France
Joseph L. Dionne Director
The McGraw-Hill Companies
1221 Avenue of the Americas
New York, NY 10020
William T. Esrey Director
Sprint Corporation
P.O. Box 11315
Kansas City, MO 64112
Jean-Rene Fourtou Director
Rhone-Poulenc S.A.
25 Quai Paul Doumer
92408 Courbevoie Cedex,
France
Norman C. Francis Director
Xavier University of Louisiana
7325 Palmetto Street
New Orleans, LA 70125
C-6
<PAGE>
POSITIONS AND
NAME AND PRINCIPAL OFFICES WITH
BUSINESS ADDRESS EQUITABLE
- ---------------- ---------
Donald J. Greene Director
LeBouef, Lamb, Greene & MacRae
125 West 55th Street
New York, NY 10019-4513
John T. Hartley Director
Harris Corporation
1025 NASA Boulevard
Melbourne, FL 32919
John H.F. Haskell, Jr. Director
Dillion, Read & Co., Inc.
535 Madison Avenue
New York, NY 10028
Mary R. (Nina) Henderson Director
CPC International, Inc.
International Plaza
P.O. Box 8000
Englewood Cliffs, NJ 07632-9976
W. Edwin Jarmain Director
Jarmain Group Inc.
121 King Street West
Suite 2525
Toronto, Ontario M5H 3T9,
Canada
G. Donald Johnston, Jr. Director
184-400 Ocean Road
John's Island
Vero Beach, FL 32963
Winthrop Knowlton Director
Knowlton Brothers, Inc.
530 Fifth Avenue
New York, NY 10036
Arthur L. Liman Director
Paul, Weiss, Rifkind, Wharton &
Garrison
1285 Avenue of the Americas
New York, NY 10019
George T. Lowy Director
Cravath, Swaine & Moore
825 Eighth Avenue
New York, NY 10019
C-7
<PAGE>
POSITIONS AND
NAME AND PRINCIPAL OFFICES WITH
BUSINESS ADDRESS EQUITABLE
- ---------------- ---------
Didier Pineau-Valencienne Director
Schneider S.A.
64-70 Avenue Jean-Baptiste Clement
92646 Boulogne-Billancourt Cedex
France
George J. Sella, Jr. Director
P.O. Box 397
Newton, NJ 07860
Dave H. Williams Director
Alliance Capital Management Corporation
1345 Avenue of the Americas
New York, NY 10105
OFFICER-DIRECTORS
- -----------------
*James M. Benson President and Director (until 5/1/97)
*William T. McCaffrey Senior Executive Vice President,
Chief Operating Officer and Director
*Joseph J. Melone Chairman of the Board, Chief Executive
Officer and Director; President
(effective 5/1/97)
OTHER OFFICERS
- --------------
*A. Frank Beaz Senior Vice President
*Leon Billis Senior Vice President
*Harvey Blitz Senior Vice President and Deputy
Chief Financial Officer
*Kevin R. Byrne Vice President and Treasurer
*Jerry M. de St. Paer Executive Vice President
*Gordon G. Dinsmore Senior Vice President
*Alvin H. Fenichel Senior Vice President and
Controller
*Paul J. Flora Senior Vice President and Auditor
C-8
<PAGE>
POSITIONS AND
NAME AND PRINCIPAL OFFICES WITH
BUSINESS ADDRESS EQUITABLE
- ---------------- ---------
*Robert E. Garber Executive Vice President and General
Counsel
*Donald R. Kaplan Vice President and Chief Compliance
Officer and Associate General Counsel
*Michael S. Martin Senior Vice President
*Peter D. Noris Executive Vice President and Chief
Investment Officer
*Anthony C. Pasquale Senior Vice President
*Pauline Sherman Vice President, Secretary and Associate
General Counsel
*Samuel B. Shlesinger Senior Vice President
*Richard V. Silver Senior Vice President and Deputy
General Counsel
*Jose Suquet Executive Vice President and Chief
Agency Officer
*Stanley B. Tulin Senior Executive Vice President
and Chief Financial Officer
C-9
<PAGE>
Item 26. Persons Controlled by or Under Common Control with the Insurance
----------------------------------------------------------------
Company or Registrant
---------------------
Separate Account A of The Equitable Life Assurance Society of the
United States (the "Separate Account") is a separate account of Equitable.
Equitable, a New York stock life insurance company, is a wholly owned subsidiary
of The Equitable Companies Incorporated (the "Holding Company"), a publicly
traded company.
The largest stockholder of the Holding Company is AXA-UAP. As of
January 1, 1997, AXA-UAP beneficially owned 63.8% of the outstanding common
stock of the Holding Company (assuming conversion of the convertible preferred
stock held by AXA-UAP). Under its investment arrangements with Equitable Life
and the Holding Company, AXA-UAP is able to exercise significant influence over
the operations and capital structure of the Holding Company and its
subsidiaries, including Equitable Life. AXA-UAP, a French company, is the
holding company for an international group of insurance and related financial
services companies.
C-10
<PAGE>
ORGANIZATION CHART OF EQUITABLE'S AFFILIATES
The Equitable Companies Incorporated (l991) (Delaware)
- ------------------------------------
Donaldson, Lufkin & Jenrette, Inc. (1993) (Delaware) (44.1%)
(See Addendum B(1) for subsidiaries)
----------------------------------
The Equitable Life Assurance Society of the United States (1859)
---------------------------------------------------------
(New York) (a)(b)
The Equitable of Colorado, Inc. (l983) (Colorado)
-------------------------------
EVLICO, INC. (1995) (Delaware)
------------
EVLICO East Ridge, Inc. (1995) (California)
-----------------------
GP/EQ Southwest, Inc. (1995) (Texas) (5.885%)
---------------------
Franconom, Inc. (1985) (Pennsylvania)
---------------
Frontier Trust Company (1987) (North Dakota)
----------------------
Gateway Center Buildings, Garage, and Apartment Hotel, Inc.
-----------------------------------------------------------
(inactive) (pre-l970) (Pennsylvania)
Equitable Deal Flow Fund, L.P.
------------------------------
Equitable Managed Assets (Delaware)
------------------------
EREIM LP Associates (99%)
-------------------------
EML Associates, L.P. (19.8%)
---------------------------
Alliance Capital Management L.P. (2.71% limited partnership
-------------------------------
interest)
ACMC, Inc. (1991) (Delaware)(s)
----------
Alliance Capital Management L.P. (1988) (Delaware)
--------------------------------
(49.09% limited partnership interest)
EVCO, Inc. (1991) (New Jersey)
----------
EVSA, Inc. (1992) (Pennsylvania)
----------
Prime Property Funding, Inc. (1993) (Delaware)
----------------------------
Wil Gro, Inc. (1992) (Pennsylvania)
-------------
Equitable Underwriting and Sales Agency (Bahamas) Limited (1993)
---------------------------------------------------------
(Bahamas)
(a) Registered Broker/Dealer (b) Registered Investment Advisor
C-11
<PAGE>
The Equitable Companies Incorporated (cont.)
- ------------------------------------
Donaldson Lufkin & Jenrette, Inc.
---------------------------------
The Equitable Life Assurance Society of the United States (cont.)
-----------------------------------------------------------------
Fox Run Inc. (1994) (Massachusetts)
------------
STCS, Inc. (1992) (Delaware)
----------
CCMI Corporation (1994) (Maryland)
----------------
FTM Corporation (1994) (Maryland)
---------------
HVM Corporation (1994) (Maryland)
---------------
Equitable BJVS, Inc. (1992) (California)
-------------------
Equitable Rowes Wharf, Inc. (1995) (Massachusetts)
---------------------------
GP/EQ Southwest, Inc. (1995) (Texas) (94.132%)
---------------------
Camelback JVS, Inc. (1995) (Arizona)
-------------------
ELAS Realty, Inc. (1996) (Delaware)
-----------------
Equitable Realty Assets Corporation (1983) (Delaware)
-----------------------------------
100 Federal Street Realty Corporation (Massachusetts)
-------------------------------------
Equitable Structured Settlement Corporation (1996) (Delaware)
-------------------------------------------
Equitable Holding Corporation (1985) (Delaware)
-----------------------------
EQ Financial Consultants, Inc. (formerly Equico Securities,
------------------------------
Inc.) (l97l) (Delaware) (a) (b)
ELAS Securities Acquisition Corp. (l980) (Delaware)
---------------------------------
100 Federal Street Funding Corporation (Massachusetts)
--------------------------------------
EquiSource of New York, Inc. (1986) (New York) (See
----------------------------
Addendum A for subsidiaries)
Equitable Casualty Insurance Company (l986) (Vermont)
------------------------------------
EREIM LP Corp. (1986) (Delaware)
--------------
EREIM LP Associates (1%)
------------------------
EML Associates (.02%)
---------------------
Six-Pac G.P., Inc. (1990) (Georgia)
------------------
Equitable Distributors, Inc. (1988) (Delaware) (a)
----------------------------
(a) Registered Broker/Dealer (b) Registered Investment Advisor
C-12
<PAGE>
The Equitable Companies Incorporated (cont.)
- --------------------------------------------
Donaldson Lufkin & Jenrette, Inc.
---------------------------------
The Equitable Life Assurance Society of the United States (cont.)
-----------------------------------------------------------------
Equitable Holding Corporation (cont.)
-------------------------------------
Equitable JVS, Inc. (1988) (Delaware)
-------------------
Astor/Broadway Acquisition Corp. (1990) (New York)
-------------------------------
Astor Times Square Corp. (1990) (New York)
------------------------
PC Landmark, Inc. (1990) (Texas)
` -----------------
Equitable JVS II, Inc. (1994) (Maryland)
----------------------
EJSVS, Inc. (1995) (New Jersey)
-----------
Donaldson, Lufkin & Jenrette, Inc. (1985 by EIC; 1993 by EQ and
----------------------------------
EHC) (Delaware) (36.1%) (See Addendum B(1) for
subsidiaries)
JMR Realty Services, Inc. (1994) (Delaware)
-------------------------
Equitable Investment Corporation (l97l) (New York)
--------------------------------
Stelas North Carolina Limited Partnership (50% limited
-----------------------------------------
partnership interest) (l984)
Equitable JV Holding Corporation (1989) (Delaware)
--------------------------------
Alliance Capital Management Corporation (l991) (Delaware) (b)
---------------------------------------
(See Addendum B(2) for subsidiaries)
Equitable Capital Management Corporation (l985) (Delaware) (b)
----------------------------------------
Alliance Capital Management L.P. (1988) (Delaware)
--------------------------------
(14.67% limited partnership interest)
EQ Services, Inc. (1992) (Delaware)
-----------------
Equitable Agri-Business, Inc. (1984) Delaware
-----------------------------
Equitable Real Estate Investment Management, Inc. (l984)
-------------------------------------------------
(Delaware) (b) (See Addendum B(3) for subsidiaries)
(a) Registered Broker/Dealer (b) Registered Investment Advisor
C-13
<PAGE>
ORGANIZATION CHART OF EQUITABLE'S AFFILIATES
ADDENDUM A - SUBSIDIARY
OF EQUITABLE HOLDING CORPORATION
HAVING MORE THAN FIVE SUBSIDIARIES
---------------------------------------------
EquiSource of New York, Inc. (formerly Traditional Equinet Business Corporation
of New York) has the following subsidiaries that are brokerage companies to make
available to Equitable Agents within each state traditional (non-equity)
products and services not manufactured by Equitable:
EquiSource of Alabama, Inc. (1986) (Alabama)
EquiSource of Arizona, Inc. (1986) (Arizona)
EquiSource of Arkansas, Inc. (1987) (Arkansas)
EquiSource Insurance Agency of California, Inc. (1987) (California)
EquiSource of Colorado, Inc. (1986) (Colorado)
EquiSource of Delaware, Inc. (1986) (Delaware)
EquiSource of Hawaii, Inc. (1987) (Hawaii)
EquiSource of Maine, Inc. (1987) (Maine)
EquiSource Insurance Agency of Massachusetts, Inc. (1988) (Massachusetts)
EquiSource of Montana, Inc. (1986) (Montana)
EquiSource of Nevada, Inc. (1986) (Nevada)
EquiSource of New Mexico, Inc. (1987) (New Mexico)
EquiSource of Pennsylvania, Inc. (1986) (Pennsylvania)
EquiSource Insurance Agency of Utah, Inc. (1986) (Utah)
EquiSource of Washington, Inc. (1987) (Washington)
EquiSource of Wyoming, Inc. (1986) (Wyoming)
C-14
<PAGE>
ORGANIZATION CHART OF EQUITABLE'S AFFILIATES
ADDENDUM B - INVESTMENT SUBSIDIARIES
HAVING MORE THAN FIVE SUBSIDIARIES
-------------------------------------------
Donaldson, Lufkin & Jenrette, Inc. has the following subsidiaries, and
- ----------------------------------
approximately 150 other subsidiaries, most of which are special purpose
subsidiaries (the number fluctuates according to business needs):
Donaldson, Lufkin & Jenrette, Securities Corporation (1985)
----------------------------------------------------
(Delaware) (a) (b)
Wood, Struthers & Winthrop Management Corp. (1985)
-------------------------------------------
(Delaware) (b)
Autranet, Inc. (1985) (Delaware) (a)
--------------
DLJ Real Estate, Inc.
---------------------
DLJ Capital Corporation (b)
-----------------------
DLJ Mortgage Capital, Inc. (1988) (Delaware)
--------------------------
Column Financial, Inc. (1993) (Delaware) (50%)
----------------------
Alliance Capital Management Corporation (as general partner) (b)has the
- ---------------------------------------
following subsidiaries:
Alliance Capital Management L.P. (1988) (Delaware) (b)
--------------------------------
Alliance Capital Management Corporation of Delaware, Inc.
---------------------------------------------------------
(Delaware)
Alliance Fund Services, Inc. (Delaware) (a)
----------------------------
Alliance Fund Distributors, Inc. (Delaware) (a)
--------------------------------
Alliance Capital Oceanic Corp. (Delaware)
------------------------------
Alliance Capital Management Australia Pty. Ltd.
-----------------------------------------------
(Australia)
Meiji - Alliance Capital Corp. (Delaware) (50%)
------------------------------
Alliance Capital (Luxembourg) S.A. (99.98%)
----------------------------------
Alliance Eastern Europe Inc. (Delaware)
----------------------------
Alliance Barra Research Institute, Inc. (Delaware)
---------------------------------------
(50%)
Alliance Capital Management Canada, Inc. (Canada)
----------------------------------------
(99.99%)
Alliance Capital Management (Brazil) Llda
-----------------------------------------
Alliance Capital Global Derivatives Corp.(Delaware)
-----------------------------------------
Alliance International Fund Services S.A.
-----------------------------------------
(Luxembourg)
Alliance Capital Management (India) Ltd. (Delaware)
----------------------------------------
Alliance Capital Mauritius Ltd.
-------------------------------
Alliance Corporate Finance Group, Incorporated
--------------------------------------------------
(Delaware)
Equitable Capital Diversified Holdings, L.P. I
----------------------------------------------
Equitable Capital Diversified Holdings, L.P. II
-----------------------------------------------
Curisitor Alliance L.L.C. (Delaware)
------------------------------------
Curisitor Holdings Limited (UK)
--------------------------
Alliance Capital Management (Japan), Inc.
-----------------------------------------
Alliance Capital Management (Asia) Ltd.
---------------------------------------
Alliance Capital Management (Turkey), Ltd.
------------------------------------------
Cursitor Alliance Management Limited (UK)
-----------------------------------------
(a) Registered Broker/Dealer (b) Registered Investment Advisor
C-15
<PAGE>
ORGANIZATION CHART OF EQUITABLE'S AFFILIATES
ADDENDUM B - (CONT.)
INVESTMENT SUBSIDIARIES
HAVING MORE THAN FIVE SUBSIDIARIES
Equitable Real Estate Investment Management, Inc. (b) has the following
- -------------------------------------------------
subsidiaries:
Equitable Realty Portfolio Management, Inc. (1984) (Delaware)
-------------------------------------------
EQK Partners (100% general partnership interest)
------------
Compass Management and Leasing Co. (formerly EREIM, Inc.) (1984)
----------------------------------
(Colorado)
Equitable Real Estate Capital Markets, Inc. (1987) (Delaware)
-------------------------------------------
(a)
EPPNLP Corp. (1987) (Delaware)
------------
Equitable Pacific Partners Corp. (1987) (Delaware)
--------------------------------
Equitable Pacific Partners Limited Partnership
----------------------------------------------
EREIM Managers Corp. (1986) (Delaware)
--------------------
ML/EQ Real Estate Portfolio, L.P.
---------------------------------
EML Associates, L.P. (80%)
--------------------
Compass Retail, Inc. (1990) (Delaware)
--------------------
Compass Management and Leasing, Inc. (1991) (Delaware)
------------------------------------
CJVS, Inc. (1994) (California)
----------
Compass Cayman (1996) (Cayman Islands)
--------------
Compass Management and Leasing (UK) Limited
------------------------------
Column Financial, Inc. (1993) (Delaware) (50%)
----------------------
Buckhead Strategic Corp. (1994) (Delaware)
------------------------
Buckhead Strategic Fund, L.P.
-----------------------------
BH Strategic Co. I, L.P.
------------------------
BH Strategic Co. II, L.P.
-------------------------
BH Strategic Co. III, L.P.
--------------------------
BH Strategic Co. IV, L.P.
-------------------------
Community Funding, Inc. (1994) (Delaware)
-----------------------
Community Mortgage Fund, L.P. (1994) (Delaware)
-----------------------------
Buckhead Strategic Corp., II (1995) (Delaware)
----------------------------
Buckhead Strategic Fund L.P. II
-------------------------------
Buckhead Co. I, L.P.
--------------------
Buckhead Co. II, L.P.
---------------------
Buckhead Co. III, L.P.
----------------------
HYDOC, L.L.C.
-------------
Headwind Holding Corp.
----------------------
Buckhead Co. IV, L.P.
---------------------
Tricon Corp.
------------
Tricon, L.P.
------------
Equitable Real Estate Hyperion Capital Advisors LLC (1995)
---------------------------------------------------
(Delaware)
(a) Registered Broker/Dealer (b) Registered Investment Advisor
C-16
<PAGE>
AXA GROUP CHART
The information listed below is dated as of December 31, 1996; percentages shown
represent voting power. The name of the owner is noted when AXA indirectly
controls the company.
<TABLE>
<CAPTION>
AXA INSURANCE AND REINSURANCE BUSINESS HOLDING
COMPANY COUNTRY VOTING POWER
- ------- ------- ------------
<S> <C> <C>
Axa Assurances Iard France 99%
Axa Assurances Vie France 100% by Axa and Axa Courtage Vie
Axa Courtage Iard France 99.9% by Axa and Axa Assurances Iard
Axa Courtage Vie France 99.4% by Axa and Axa Assurances Iard and
Axa Courtage Iard
Alpha Assurances Vie France 100%
Axa Direct France 100%
Direct Assurances Iard France 100% by Axa Direct
Direct Assurance Vie France 100% by Axa Direct
Axa Direkt Versicherung A.G. Germany 100% owned by Axa Direct
Axiva France 100% by Axa and Axa Courtage Vie
Defense Civile France 95%
Societe Francaise d'Assistance France 100% by SFA Holding
Monvoisin Assurances France 99.9% by different companies and Mutuals
Societe Beaujon France 99.9%
Lor Finance France 99.9%
Jour Finance France 100% by Alpha Assurances Iard and by Axa
Assurances Iard
Compagnie Auxiliaire pour le Commerce and France 99.8% by Societe Beaujon
l'Industrie
C.F.G.A. France 99.96% owned by Mutuals and Finaxa
Axa Global Risks France 100% owned by Axa and Mutuals
Saint Bernard Diffusion France 94.92% owned by Direct Assurances Iard
Sogarep France 95%, (100% with Mutuals)
Argovie France 100% by Axiva and SCA Argos
Finargos France 70.5% owned by Axiva
</TABLE>
C-17
<PAGE>
<TABLE>
<CAPTION>
COMPANY COUNTRY VOTING POWER
- ------- ------- ------------
<S> <C> <C>
Astral Finance France 99.33% by Axa Courtage Vie
Argos France N.S.
Finaxa Belgium Belgium 100%
Axa Belgium Belgium 26.8% by Axa(SA) and 72.6% by Finaxa Belgium
De Kortrijske Verzekering Belgium 99.8% by Axa Belgium
Juris Belgium 100% owned by Finaxa Belgium
Finaxa Luxembourg Luxembourg 100%
Axa Assurance IARD Luxembourg Luxembourg 99.9%
Axa Assurance Vie Luxembourg Luxembourg 99.9%
Axa Aurora Spain 50% owned by Axa
Aurora Polar SA de Seguros y Reaseguros Spain 99.4% owned by Axa Aurora
Axa Vida SA de Seguros y Reaseguros Spain 89.82% owned by Aurora Polar 5% by Axa
Axa Gestion de Seguros y Reaseguros Spain 99.1% owned by Axa Aurora
Hilo Direct Seguros Spain 99.9% by Axa Aurora
Axa Assicurazioni Italy 100% owned by Axa
Eurovita Italy 30% owned by Axa Assicurazioni
Axa Equity & Law plc U.K. 99.9% owned by Axa
Axa Equity & Law Life Assurance Society U.K. 100% by Axa Equity & Law plc
Axa Equity & Law International U.K. 100% owned by Axa Equity & Law Life
Assurance Society
Axa Leven The Netherlands 100% by Axa Equity & Law Life Assurance Society
Axa Insurance U.K. 100% owned by Axa
Axa Global Risks U.K. 100% owned by Axa Global Risks (France)
Axa Canada Canada 100% owned by Axa
Boreal Insurance Canada 100% owned by Gestion Fracapar
Axa Assurances Inc. Canada 100% owned by Axa Canada
</TABLE>
C-18
<PAGE>
<TABLE>
<CAPTION>
COMPANY COUNTRY VOTING POWER
- ------- ------- ------------
<S> <C> <C>
Axa Insurance Inc. Canada 100% owned by Axa Canada and Axa Assurance Inc.
Anglo Canada General Insurance Cy Canada 100% owned by Axa Canada
Axa Pacific Insurance Canada 100% by Boreal Insurance
Boreal Assurances Agricoles Canada 100% by Boreal Insurance
Sime Axa Berhad Malaysia 30% owned by Axa and Axa Reassurance
Axa Sime Investment Holdings Pte Ltd Singapore 50%
Axa Sime Assurance Hong Kong 100% owned by Axa Sime Invt. Holdings Pte Ltd
Axa Sime Assurance Singapore 100% owned by Axa Sime Invt Holdings Pte Ltd
Axa Life Insurance Hong Kong 100%
PT Asuransi Axa Indonesia Indonesia 80%
Equitable Cies Incorp. U.S.A. 60.8% between Axa, 44.69% Financiere 45,
3.8%, Lorfinance 7.6% and Axa Equity & Law
Life Association Society 4.8%
Equitable Life Assurance of the USA U.S.A. 100% owned by Equitable Cies Inc.
National Mutual Holdings Ltd Australia 51% between Axa, 42.1% and Axa Equity & Law
Life Assurance Society 8.9%
The National Mutual Life Association of Australia 100% owned by National Mutual Holdings Ltd
Australasia Ltd
National Mutual International Pty Ltd Australia 100% owned by National Mutual Holdings Ltd
National Mutual (Bermuda) Ltd Australia 100% owned by National Mutual International Pty Ltd
National Mutual Asia Ltd Australia 55% owned by National Mutual Holdings Ltd
and 20% by Datura Ltd and 13% by National
Mutual Life Association of Australasia
Australian Casualty & Life Ltd Australia 100% owned by National Mutual Holdings Ltd
National Mutual Health Insurance Pty Ltd Australia 100% owned by National Mutual Holdings Ltd
</TABLE>
C-19
<PAGE>
<TABLE>
<CAPTION>
COMPANY COUNTRY VOTING POWER
- ------- ------- ------------
<S> <C> <C>
Axa Reassurance France 100% owned by Axa, Axa Assurances Iard and
Axa Global Risks
Axa Re Finance France 80% owned by Axa Reassurance
Axa Re Vie France 99.9% owned by Axa Reassurance
Axa Cessions France 100% by Axa
Axa Re Mexico Mexico 100% owned by Axa Reassurance
Axa Re Asia Singapore 100% owned by Axa Reassurance
Axa Re U.K. Plc U.K. 100% owned by Axa Re U.K. Holding
Axa Re U.K. Holding U.K. 100% owned by Axa Reassurance
Axa Re U.S.A. U.S.A. 100% owned by Axa America
and Axa Reassurance
Axa America U.S.A. 100% owned by Axa Reassurance
International Technology Underwriters Inc. U.S.A. 80% owned by Axa America
(INTEC)
Axa Re Life U.S.A. 100% owned by Axa Re Vie
C.G.R.M. Monaco 100% owned by Axa Reassurance
Axa Life Insurance Japan 100% owned by Axa
Dongbu Axa Life Insurance Co Ltd Korea 50% owned by Axa
Axa Oyak Hayat Sigota Turkey 60% owned by Axa
Oyak Sigorta Turkey 11% owned by Axa
</TABLE>
C-20
<PAGE>
AXA FINANCIAL BUSINESS
<TABLE>
<CAPTION>
COMPANY COUNTRY VOTING POWER
- ------- ------- ------------
<S> <C> <C>
Compagnie Financiere de Paris (C.F.P.) France 96.9%, (100% with Mutuals)
Axa Banque France 98.7% owned by C.F.P.
Financiere 78 France 100% owned by C.F.P.
Axa Credit France 65% owned by C.F.P.
Axa Gestion Interessement France 100% owned by Axa Asset Management Europe
Compagnie Europeenne de Credit (C.E.C.) France 100% owned by C.F.P.
Fidei France 20.7% owned by C.F.P. and 10.8% by Axamur
Societe de Placements Selectionnes S.P.S. France 98.58% with Mutuals
Presence et Initiative France 100% with Mutuals
Vamopar France 100% owned by Societe Beaujon
Financiere Mermoz France 100%
Axa Asset Management Europe France 100%
Axa Asset Management Partenaires France 100% owned by Axa Asset Management Europe
Axa Asset Management Conseils France 100% owned by Axa Asset Management Europe
Axa Asset Management Distribution France 100% owned by Axa Asset Management Europe
Axa Equity & Law Home Loans U.K. 100% owned by Axa Equity & Law Plc
Axa Equity & Law Commercial Loans U.K. 100% owned by Axa Equity & Law Plc
</TABLE>
C-21
<PAGE>
<TABLE>
<CAPTION>
COMPANY COUNTRY VOTING POWER
- ------- ------- ------------
<S> <C> <C>
Alliance Capital Management U.S.A. 59% held by ELAS
Donaldson Lufkin & Jenrette U.S.A. 44.1% owned by Equitable Cies Inc. and
36.1% by Equitable Holding Cies
National Mutual Funds Management (Global) Ltd Australia 100% owned by National Holdings Ltd
National Mutual Funds Management North USA 100% by National Mutual Funds Management
America Holding Inc. (Global) Ltd.
Cogefin Luxembourg 100% owned by Axa Belgium
Financiere 45 France 99.8% owned by Axa
Mofipar France 99.76% owned by Axa
ORIA France 100% owned by Axa Millesimes
Axa Oeuvres d'Art France 100% by Mutuals
Axa Cantenac Brown France 100% by Societe Beaujon
Axa Suduiraut France 99.6% owned by Societe Beaujon
Colisee Acti Finance 2 France 100% owned by Axa Assurances Iard Mutuelle
</TABLE>
C-22
<PAGE>
AXA REAL ESTATE BUSINESS
<TABLE>
<CAPTION>
COMPANY COUNTRY VOTING POWER
- ------- ------- ------------
<S> <C> <C>
C.I.P.M. France 97.8% with Mutuals
Fincosa France 100% owned by C.I.P.M.
Prebail France 100% owned by Societe Beaujon and C.F.P.
Axamur France 100% by different companies and Mutuelles
Parigest France 100% by the Mutuals, C.I.P.M. and Fincosa
Parimmo France 100% by the insurance companies and Mutuals
S.G.C.I. France 100% by different companies and Mutuelles
Transaxim France 100% owned by S.G.C.I. and C.P.P.
Compagnie Parisienne de Participations France 100% owned by S.G.C.I.
Monte Scopando France 100% owned by C.P.P.
Matipierre France 100% by different companies
Securimmo France 87.12% by different companies and Mutuals
Paris Orleans France 100% by Axa Courtage Iard
Colisee Bureaux France 100% by different companies and Mutuals
Colisee Premiere France 100% by different companies and Mutuals
Colisee Laffitte France 100% by Colisee Bureaux
Foniere Carnot Laforge France 100% by Colisee Premiere
Parc Camoin France 100% by Colisee Premiere
Delta Point du Jour France 100% owned by Matipierre
Paroi Nord de l'Arche France 100% owned by Matipierre
Falival France 100% owned by Axa Reassurance
Compagnie du Gaz d'Avignon France 99% owned by Axa Ass Iard
Ahorro Familiar France 42.2% owned by Axa Assurances Iard
Fonciere du Val d'Oise France 100% owned by C.P.P.
Sodarec France 100% owned by C.P.P.
</TABLE>
C-23
<PAGE>
<TABLE>
<CAPTION>
COMPANY COUNTRY VOTING POWER
- ------- ------- ------------
<S> <C> <C>
Centrexpo France 100% owned by C.P.P.
Fonciere de la Vile du Bois France 100% owned by Centrexpo
Colisee Seine France 100% owned by different companies
Translot France 100% owned by SGCI
S.N.C. Dumont d'Urville France 100% owned by Colisee Premiere
Colisee Federation France 100% by SGCI
Colisee Saint Georges France 100% by SGCI
Drouot Industrie France 50% by SGCI and 50% by Axamur
Colisee Vauban France 99.6% by Matipierre
Fonciere Colisee France 100% by Matipierre and different companies
Axa Pierre S.C.I. France 97.6% owned by different companies and Mutuals
Axa Millesimes France 85.2% owned by AXA and the Mutuals
Chateau Suduirault France 100% owned by Axa Millesimes
Diznoko Hungary 95% owned by Axa Millesimes
Compagnie Fonciere Matignon France 100% by different companies and Mutuals
Equitable Real Estate Investment U.S.A. 100% owned by ELAS
Quinta do Noval Vinhos S.A. Portugal 99.6% owned by Axa Millesimes
</TABLE>
C-24
<PAGE>
OTHER AXA BUSINESS
<TABLE>
<CAPTION>
COMPANY COUNTRY VOTING POWER
- ------- ------- ------------
<S> <C> <C>
A.N.F. France 95.4% owned by Finaxa
Lucia France 20.6% owned by Axa Assurances Iard and 8.6% by Mutuals
Schneider S.A. France 10.4%
</TABLE>
C-25
<PAGE>
ORGANIZATION CHART OF EQUITABLE'S AFFILIATES
NOTES
-----
1. The year of formation or acquisition and state or country of
incorporation of each affiliate is shown.
2. The chart omits certain relatively inactive special purpose real estate
subsidiaries, partnerships, and joint ventures formed to operate or
develop a single real estate property or a group of related properties,
and certain inactive name-holding corporations.
3. All ownership interests on the chart are 100% common stock ownership
except: (a) The Equitable Companies Incorporated's 44.1% interest in
Donaldson, Lufkin & Jenrette, Inc. and Equitable Holding Corporation's
36.1% interest in same; (b) as noted for certain partnership interests;
(c) Equitable Life's ACMC, Inc.'s and Equitable Capital Management
Corporation's limited partnership interests in Alliance Capital
Management L.P.; (d) as noted for certain subsidiaries of Alliance
Capital Management Corp. of Delaware, Inc.; (e) Treasurer Robert L.
Bennett's 20% interest in Compass Management and Leasing Co. (formerly
EREIM, Inc.); and (f) DLJ Mortgage Capital's and Equitable Real Estate's
respective ownerships, 50% each in Column Financial, Inc.
4. The operational status of the entities shown as having been formed or
authorized but "not yet fully operational" should be checked with the
appropriate operating areas, especially for those that are start-up
situations.
5. The following entities are not included in this chart because, while they
have an affiliation with The Equitable, their relationship is not the
ongoing equity-based form of control and ownership that is characteristic
of the affiliations on the chart, and, in the case of the first two
entities, they are under the direction of at least a majority of
"outside" trustees:
The Equitable Funds
The Hudson River Trust
EQ Advisors Trust
Separate Accounts
6. This chart was last revised on April 1, 1997.
C-26
<PAGE>
Item 27. Number of Contractowners
------------------------
As of March 31, 1997, there were 807,756 owners of qualified and
non-qualified EQUI-VEST certificates offered by the registrant.
Item 28. Indemnification
---------------
Indemnification of Principal Underwriter
----------------------------------------
To the extent permitted by law of the State of New York and
subject to all applicable requirements thereof, Equitable undertook to indemnify
each of its directors and officers who is made or threatened to be made a party
to any action or proceeding, whether civil or criminal, by reason of the fact
the director or officer, or his or her testator or intestate, is or was a
director or officer of Equitable.
Undertaking
-----------
Insofar as indemnification for liability arising under the
Securities Act of 1933 ("Act") may be permitted to directors, officers and
controlling persons of the registrant pursuant to the foregoing provisions, or
otherwise, the registrant has been advised that in the opinion of the Securities
and Exchange Commission such indemnification is against public policy as
expressed in the Act and is, therefore, unenforceable. In the event that a claim
for indemnification against such liabilities (other than the payment by the
registrant of expenses incurred or paid by a director, officer or controlling
person of the registrant in the successful defense of any action, suit or
proceeding) is asserted by such director, officer or controlling person in
connection with the securities being registered, the registrant will, unless in
the opinion of its counsel the matter has been settled by controlling precedent,
submit to a court of appropriate jurisdiction the question whether such
indemnification by it is against public policy as expressed in the Act and will
be governed by the final adjudication of such issue.
Item 29. Principal Underwriters
----------------------
(a) EQ Financial Consultants, Inc. ("EQ Financial"), a
wholly-owned subsidiary of Equitable, is the principal underwriter and depositor
for Separate Account A, Separate Account No. 301, Separate Account I and
Separate Account FP. EQ Financial's principal business address is 1755
Broadway, NY, NY 10019.
(b) See Item 25.
(c) Not applicable.
C-27
<PAGE>
Item 30. Location of Accounts and Records
--------------------------------
The records required to be maintained by Section 31(a) of the
Investment Company Act of 1940 and Rules 31a-1 to 31a-3 thereunder are
maintained by Equitable at Two Penn Plaza, New York, New York 10121.
Item 31. Management Services
-------------------
Not applicable.
Item 32. Undertakings
------------
The Registrant hereby undertakes:
(a) to file a post-effective amendment to this registration
statement as frequently as is necessary to ensure that the
audited financial statements in the registration statement
are never more than 16 months old for so long as payments
under the variable annuity contracts may be accepted;
(b) to include either (1) as part of any application to
purchase a contract offered by the prospectus, a space
that an applicant can check to request a Statement of
Additional Information, or (2) a postcard or similar
written communication affixed to or included in the
prospectus that the applicant can remove to send for a
Statement of Additional Information;
(c) to deliver any Statement of Additional Information and any
financial statements required to be made available under
this Form promptly upon written or oral request.
Equitable hereby represents that the fees and charges deducted
under the contracts described in this Registration Statement, in the aggregate,
in such case, are reasonable in relation to the services rendered, the expenses
to be incurred, and the risks assumed by Equitable under the respective
contracts. Equitable bases its representation on its assessment of all of the
facts and circumstances, including such relevant factors as: the nature and
extent of such services, expenses and risks, the need for Equitable to earn a
profit, the degree to which the contract includes innovative features, and
regulatory standards for the grant of exemptive relief under the Investment
Company Act of 1940 used prior to October 1996, including the range of industry
practice.
The Registrant hereby represents that it is relying on the
November 28, 1988 no-action letter (Ref. No. IP-6-88) relating to variable
annuity contracts offered as funding vehicles for retirement plans meeting the
requirements of Section 403(b) of the Internal Revenue Code. Registrant further
represents that it complies with the provisions of paragraphs (1) - (4) of that
letter.
C-28
<PAGE>
SIGNATURES
As required by the Securities Act of 1933 and the Investment Company
Act of 1940, the Registrant certifies that it meets the requirements of
Securities Act Rule 485(b) for effectiveness of this amended Registration
Statement and has caused this amended Registration Statement to be signed on its
behalf, in the City and State of New York, on the 28th day of April, 1997.
SEPARATE ACCOUNT A OF
THE EQUITABLE LIFE ASSURANCE SOCIETY
OF THE UNITED STATES
(Registrant)
By: The Equitable Life Assurance
Society of the United States
By: /s/ Maureen K. Wolfson
-------------------------
Maureen K. Wolfson
Vice President
C-29
<PAGE>
SIGNATURES
As required by the Securities Act of 1933 and the Investment Company
Act of 1940, the Registrant certifies that it meets the requirements of
Securities Act Rule 485(b) for effectiveness of this amended Registration
Statement and has caused this amended Registration Statement to be signed on its
behalf, in the City and State of New York, on the 28th day of April, 1997.
THE EQUITABLE LIFE ASSURANCE SOCIETY
OF THE UNITED STATES
(Depositor)
By: /s/ Maureen K. Wolfson
------------------------
Maureen K. Wolfson
Vice President
As required by the Securities Act of 1933 and the Investment Company
Act of 1940, this amendment to the registration statement has been signed by the
following persons in the capacities and on the date indicated:
PRINCIPAL EXECUTIVE OFFICERS:
Joseph J. Melone Chairman of the Board,
Chief Executive Officer and Director
James M. Benson President and Director
William T. McCaffrey Senior Executive Vice President,
Chief Operating Officer and Director
PRINCIPAL FINANCIAL OFFICER:
Stanley B. Tulin Senior Executive Vice President and
Chief Financial Officer
PRINCIPAL ACCOUNTING OFFICER:
/s/ Alvin H. Fenichel Senior Vice President and Controller
- ---------------------
Alvin H. Fenichel
April 28, 1997
DIRECTORS:
Claude Bebear Jean-Rene Fourtou Winthrop Knowlton
James M. Benson Norman C. Francis Arthur L. Liman
Christopher Brocksom Donald J. Greene George T. Lowy
Francoise Colloc'h John T. Hartley William T. McCaffrey
Henri de Castries John H.F. Haskell, Jr. Joseph J. Melone
Joseph L. Dionne Mary R. (Nina) Henderson Didier Pineau-Valencienne
William T. Esrey W. Edwin Jarmain George J. Sella, Jr.
G. Donald Johnston, Jr. Dave H. Williams
By: /s/ Maureen K. Wolfson
-------------------------
Maureen K. Wolfson
Attorney-in-Fact
April 28, 1997
C-30
<PAGE>
EXHIBIT INDEX
--------------
<TABLE>
<CAPTION>
EXHIBIT NO. TAG VALUE
- ----------- --------
<S> <C> <C>
6(d) By-Laws of Equitable, as amended November 21, 1996. EX-99.6d BYLAWS
6(e) Restated Charter of Equitable, as amended January 1, 1997. EX-99.6e CHARTER
10(a) Powers of Attorney. EX-99.10a POW ATTY
10(b) Consent of Price Waterhouse LLP. EX-99.10b CONSENT
27 Financial Data Schedule. EX-27
</TABLE>
4268
C-31
THE EQUITABLE LIFE ASSURANCE SOCIETY
OF
THE UNITED STATES
BY-LAWS
-------
As Amended November 21, 1996
<PAGE>
THE EQUITABLE LIFE ASSURANCE SOCIETY
OF
THE UNITED STATES
BY-LAWS
-------
Table of Contents
ARTICLE I SHAREHOLDERS................................................ 1
Section 1.1 Annual Meetings............................................ 1
Section 1.2 Notice of Meetings; Waiver................................. 1
Section 1.3 Organization; Procedure.................................... 2
Section 1.4 Action Without a Meeting................................... 2
ARTICLE II BOARD OF DIRECTORS.......................................... 2
Section 2.1 Regular Meetings........................................... 2
Section 2.2 Special Meetings........................................... 2
Section 2.3 Independent Directors; Quorum.............................. 2
Section 2.4 Notice of Meetings......................................... 3
Section 2.5 Newly Created Directorships;
Vacancies................................................ 3
Section 2.6 Presiding Officer.......................................... 3
Section 2.7 Telephone Participation in
Meetings; Action by Consent
Without Meeting.......................................... 3
ARTICLE III COMMITTEES.................................................. 4
Section 3.1 Committees................................................. 4
Section 3.2 Authority of Committees.................................... 5
Section 3.3 Quorum and Manner of Acting................................ 5
Section 3.4 Removal of Members......................................... 6
Section 3.5 Vacancies.................................................. 6
Section 3.6 Subcommittees.............................................. 6
Section 3.7 Alternate Members of Committees............................ 6
Section 3.8 Attendance of Other Directors.............................. 6
<PAGE>
ARTICLE IV OFFICERS.................................................... 6
Section 4.1 Chairman of the Board...................................... 6
Section 4.2 Vice-Chairman of the Board................................. 7
Section 4.3 President.................................................. 7
Section 4.4 Chief Executive Officer.................................... 7
Section 4.5 Secretary.................................................. 7
Section 4.6 Other Officers............................................. 8
ARTICLE V CAPITAL STOCK............................................... 8
Section 5.1 Transfers of Stock;
Registered Shareholders.................................. 8
Section 5.2 Transfer Agent and Registrar............................... 9
ARTICLE VI EXECUTION OF INSTRUMENTS..................................... 9
Section 6.1 Execution of Instruments................................... 9
Section 6.2 Facsimile Signatures of
Former Officers.......................................... 10
Section 6.3 Meaning of Term "Instruments".............................. 10
ARTICLE VII GENERAL..................................................... 10
Section 7.1 Reports of Committees...................................... 10
Section 7.2 Independent Certified
Public Accountants....................................... 10
Section 7.3 Directors' Fees............................................ 10
Section 7.4 Indemnification of Directors,
Officers and Employees................................... 10
Section 7.5 Waiver of Notice........................................... 11
Section 7.6 Company.................................................... 11
ARTICLE VIII AMENDMENT OF BY-LAWS....................................... 11
Section 8.1 Amendment of By-Laws....................................... 11
Section 8.2 Notice of Amendment........................................ 12
<PAGE>
BY-LAWS
OF
THE EQUITABLE LIFE ASSURANCE SOCIETY
OF THE UNITED STATES
ARTICLE I
---------
SHAREHOLDERS
------------
Section 1.1. Annual Meetings. The annual meeting of the shareholders of
the Company for the election of Directors and for the transaction of such other
business as properly may come before such meeting shall be held at the principal
office of the Company on the third Wednesday in the month of May at 3:00 P.M.,
local time, or at such other place, within or without the State of New York, or
on such other earlier or later date in April or May or at such other hour as may
be fixed from time to time by resolution of the Board of Directors and set forth
in the notice or waiver of notice of the meeting. [Business Corporation Law
Secs. 602(a), (b)]*
Section 1.2. Notice of Meetings; Waiver. The Secretary or any Assistant
Secretary shall cause written notice of the place, date and hour of each meeting
of the shareholders, and, in the case of a special meeting, the purpose or
purposes for which such meeting is called and by or at whose direction such
notice is being issued, to be given, personally or by first class mail, not
fewer than ten nor more than fifty days before the date of the meeting to each
shareholder of record entitled to vote at such meeting.
No notice of any meeting of shareholders need be given to any
shareholder who submits a signed waiver of notice, in person or by proxy,
whether before or after the meeting or who attends the meeting, in person or by
proxy, without protesting prior to its conclusion the lack of notice of such
meeting. [Business Corporation Law Secs. 605, 606]
- --------
* Citations are to the Business Corporation Law and Insurance Law of the State
of New York, as in effect on [date of adoption], and are inserted for reference
only, and do not constitute a part of the By-Laws.
<PAGE>
Section 1.3. Organization; Procedure. At every meeting of shareholders
the presiding officer shall be the Chairman of the Board or, in the event of his
or her absence or disability, the President or, in his or her absence, any
officer of the Company designated by the shareholders. The order of business and
all other matters of procedure at every meeting of shareholders may be
determined by such presiding officer. The Secretary, or in the event of his or
her absence or disability, an Assistant Secretary or, in his or her absence, an
appointee of the presiding officer, shall act as Secretary of the meeting.
Section 1.4. Action Without a Meeting. Any action required or permitted
to be taken by shareholders may be taken without a meeting on written consent
signed by the holders of all the outstanding shares entitled to vote on such
action. [Business Corporation Law Sec. 615]
ARTICLE II
----------
BOARD OF DIRECTORS
------------------
Section 2.1. Regular Meetings. Regular meetings of the Board of
Directors shall be held at the principal office of the Company on the third
Thursday of each month, except January and August, unless a change in place or
date is ordered by the Board of Directors. The first regular meeting of the
Board of Directors following the annual meeting of the shareholders of the
Company is designated as the Annual Meeting. [Business Corporation Law Sec. 710]
Section 2.2. Special Meetings. Special meetings of the Board of
Directors may be called at any time by the Chairman of the Board, the President,
or two directors. [Business Corporation Law Sec. 710]
Section 2.3. Independent Directors; Quorum. Not less than one-third of
the Board of Directors shall be persons who are not officers or employees of the
Company or of any entity controlling, controlled by, or under common control
with the Company and who are not beneficial owners of a controlling interest in
the voting stock of the Company or of any such entity.
A majority of the entire Board of Directors, including at least one
Director who is not an officer or employee of the Company or of any entity
controlling, controlled by, or under common control with the Company and who is
not a beneficial owner of a controlling interest in the voting stock of the
Company
<PAGE>
or of any such entity, shall constitute a quorum for the transaction of business
at any regular or special meeting of the Board of Directors, except as otherwise
prescribed by these By-Laws. Except as otherwise prescribed by law, the Charter
of the Company, or these By-Laws, the vote of a majority of the Directors
present at the time of the vote, if a quorum is present at such time, shall be
the act of the Board of Directors. A majority of the Directors present, whether
or not a quorum is present, may adjourn any meeting from time to time and from
place to place. As used in these By-Laws "entire Board of Directors" means the
total number of directors which the Company would have if there were no
vacancies. [Business Corporation Law Secs. 707, 708; Insurance Law Sec. 1202]
Section 2.4. Notice of Meetings. Notice of a regular meeting of the
Board of Directors need not be given. Notice of a change in the time or place of
a regular meeting of the Board of Directors shall be given to each Director at
least five days in advance thereof in writing and by telephone or telecopy.
Notice of each special meeting of the Board of Directors shall be given to each
Director at least 24 hours prior to the special meeting, personally or by
telephone or telegram or telecopy, and shall state in general terms the purpose
or purposes of the meeting. Any such notice for a regular or special meeting not
specifically required by this Section 2.4 to be given by telephone or telecopy
shall be deemed given to a director when sent by mail, telegram, cablegram or
radiogram addressed to such director at his or her address furnished to the
Secretary. Notice of an adjourned regular or special meeting of the Board of
Directors shall be given if and as determined by a majority of the directors
present at the time of the adjournment, whether or not a quorum is present.
[Business Corporation Law Sec. 711]
Section 2.5. Newly Created Directorships; Vacancies. Any newly created
directorships resulting from an increase in the number of Directors and
vacancies occurring in the Board of Directors for any reasons (including
vacancies resulting from the removal of a Director without cause) shall be
filled by the shareholders of the Company. [Business Corporation Law Sec. 705;
Insurance Law Sec. 4211]
Section 2.6. Presiding Officer. In the absence or inability to act of
the Chairman of the Board at any regular or special meeting of the Board of
Directors, any Vice-Chairman of the Board, or the President, as designated by
the chief executive officer, shall preside at such meeting. In the absence or
inability to act of all of such officers, the Board of Directors shall select
from among their number present a presiding officer.
Section 2.7. Telephone Participation in Meetings; Action by
Consent Without Meeting. Any Director may participate in a meeting of the Board
<PAGE>
or any committee thereof by means of a conference telephone or similar
communications equipment by means of which all persons participating in the
meeting can hear each other at the same time, and such participation shall
constitute presence in person at such meeting; provided that one meeting of the
Board each year shall be held without the use of such conference telephone or
similar communication equipment. When time is of the essence, but not in lieu of
a regularly scheduled meeting of the Board of Directors, any action required or
permitted to be taken by the Board or any committee thereof may be taken without
a meeting if all members of the Board or such committee, as the case may be,
consent in writing to the adoption of a resolution authorizing the action and
such written consents and resolution are filed with the minutes of the Board or
such committee, as the case may be. [Business Corporation Law Sec. 708]
ARTICLE III
-----------
COMMITTEES
----------
Section 3.1. Committees. (a) The Board of Directors, by resolution
adopted by a majority of the entire Board of Directors, may establish from among
its members an Executive Committee of the Board composed of three or more
Directors. Not less than one-third of the members of such committee shall be
persons who are not officers or employees of the Company or of any entity
controlling, controlled by, or under common control with the Company and who are
not beneficial owners of a controlling interest in the voting stock of the
Company or of any such entity.
(b) The Board of Directors, by resolution adopted by a majority of the
entire Board of Directors, shall establish from among its members one or more
committees with authority to discharge the responsibilities enumerated in this
subsection (b). Each such committee shall be composed of three or more Directors
and shall be comprised solely of Directors who are not officers or employees of
the Company or of any entity controlling, controlled by, or under common control
with the Company and who are not beneficial owners of a controlling interest in
the voting stock of the Company or of any such entity. Such committee or
committees shall have responsibility for:
(i) Recommending to the Board of Directors candidates for nomination
for election by the shareholders to the Board of Directors;
<PAGE>
(ii) Evaluating the performance of officers deemed by any such
committee to be principal officers of the Company and recommending their
selection and compensation;
(iii) Recommending the selection of independent certified public
accountants;
(iv) Reviewing the scope and results of the independent audit and of
any internal audit; and
(v) Reviewing the Company's financial condition.
(c) The Board of Directors, by resolution adopted from time to time by
a majority of the entire Board of Directors, may establish from among its
members one or more additional committees of the Board, each composed of five or
more Directors. Not less than one-third of the members of each such committee
shall be persons who are not officers or employees of the Company or of any
entity controlling, controlled by, or under common control with the Company and
who are not beneficial owners of a controlling interest in the voting stock of
the Company or of any such entity. [Business Corporation Law Sec. 712; Insurance
Law Sec. 1202]
Section 3.2. Authority of Committees. Each committee shall have all the
authority of the Board of Directors, to the extent permitted by law and provided
in the resolution creating such committee, provided, however, that no committee
shall have authority as to the following matters:
(a) the submission to shareholders of any action as to which
shareholder approval is required by law;
(b) the filling of vacancies in the Board of Directors or in any
committee thereof;
(c) the fixing of compensation of the Directors for serving on the
Board of Directors or any committee thereof;
(d) the amendment or repeal of the By-Laws, or the adoption of new
By-Laws; or
(e) the amendment or repeal of any resolution of the Board of Directors
unless such resolution of the Board of Directors by its terms provides that
it may be so amended or repealed.
<PAGE>
Section 3.3. Quorum and Manner of Acting. A majority of the total
membership that a committee would have if there were no vacancies (including at
least one Director who is not an officer or employee of the Company or of any
entity controlling, controlled by, or under common control with the Company and
who is not a beneficial owner of a controlling interest in the voting stock of
the Company or of any such entity) shall constitute a quorum for the transaction
of business. The vote of a majority of the members present at the time of the
vote, if a quorum is present at such time, shall be the act of such committee.
Except as otherwise prescribed by these By-Laws or by the Board of Directors,
each committee may elect a chairman from among its members, fix the times and
dates of its meetings, and adopt other rules of procedure.
Section 3.4. Removal of Members. Any member (and any alternate member)
of a committee may be removed by vote of a majority of the entire Board of
Directors.
Section 3.5. Vacancies. Any vacancy occurring in any committee for any
reason may be filled by vote of a majority of the entire Board of Directors.
Section 3.6. Subcommittees. Any committee may appoint one or more
subcommittees from its members. Any such subcommittee may be charged with the
duty of considering and reporting to the appointing committee on any matter
within the responsibility of the committee appointing such subcommittee but
cannot act in place of the appointing committee.
Section 3.7. Alternate Members of Committees. The Board of Directors
may designate, by resolution adopted by a majority of the entire Board of
Directors, one or more directors as alternate members of any committee who may
replace any absent member or members at a meeting of such committee. [Business
Corporation Law Sec. 712]
Section 3.8. Attendance of Other Directors. Except as otherwise
prescribed by the Board of Directors, members of the Board of Directors may
attend any meeting of any committee.
ARTICLE IV
----------
OFFICERS
--------
Section 4.1. Chairman of the Board. The Board of Directors may at a
regular or special meeting elect from among their number a Chairman of the
<PAGE>
Board who shall hold office, at the pleasure of the Board of Directors, until
the next Annual Meeting.
The Chairman of the Board shall preside at all meetings of the Board of
Directors and also shall exercise such powers and perform such duties as may be
delegated or assigned to or required of him or her by these By-Laws or by or
pursuant to authorization of the Board of Directors.
Section 4.2. Vice-Chairman of the Board. The Board of Directors may at
a regular or special meeting elect from among their number one or more
Vice-Chairmen of the Board who shall hold office, at the pleasure of the Board
of Directors, until the next Annual Meeting.
The Vice-Chairmen of the Board shall exercise such powers and perform
such duties as may be delegated or assigned to or required of them by these
By-Laws or by or pursuant to authorization of the Board of Directors or by the
Chairman of the Board.
Section 4.3. President. The Board of Directors shall at a regular or
special meeting elect from among their number a President who shall hold office,
at the pleasure of the Board of Directors, until the next Annual Meeting and
until the election of his or her successor.
The President shall exercise such powers and perform such duties as may
be delegated or assigned to or required of him or her by these By-Laws or by or
pursuant to authorization of the Board of Directors or (if the President is not
the chief executive officer) by the chief executive officer. The President and
Secretary may not be the same person.
Section 4.4. Chief Executive Officer. The Chairman of the Board or the
President shall be the chief executive officer of the Company as the Board of
Directors from time to time shall determine, and the Board of Directors from
time to time may determine who shall act as chief executive officer in the
absence or inability to act of the then incumbent.
Subject to the control of the Board of Directors, and to the extent not
otherwise prescribed by these By-Laws, the chief executive officer shall have
plenary power over all departments, officers, employees, and agents of the
Company, and shall be responsible for the general management and direction of
all the business and affairs of the Company.
<PAGE>
Section 4.5. Secretary. The Board of Directors shall at a regular or
special meeting elect a Secretary who shall hold office, at the pleasure of the
Board of Directors, until the next Annual Meeting and until the election of his
or her successor.
The Secretary shall issue notices of the meetings of the shareholders
and the Board of Directors and its committees, shall keep the minutes of the
meetings of the shareholders and the Board of Directors and its committees and
shall have custody of the Company's corporate seal and records. The Secretary
shall exercise such powers and perform such other duties as relate to the office
of the Secretary, and also such powers and duties as may be delegated or
assigned to or required of him or her by or pursuant to authorization of the
Board of Directors or by the Chairman of the Board or (if the Chairman of the
Board is not the chief executive officer) the chief executive officer.
Section 4.6. Other Officers. The Board of Directors may elect such
other officers as may be deemed necessary for the conduct of the business of the
Company. Each such officer elected by the Board of Directors shall exercise such
powers and perform such duties as may be delegated or assigned to or required of
him or her by the Board of Directors or the chief executive officer, and shall
hold office until the next Annual Meeting, but at any time may be suspended by
the chief executive officer or by the Board of Directors, or removed by the
Board of Directors. [Business Corporation Law Secs. 715, 716]
ARTICLE V
---------
CAPITAL STOCK
-------------
Section 5.1. Transfers of Stock; Registered Shareholders. (a) Shares of
stock of the Company shall be transferable only upon the books of the Company
kept for such purpose upon surrender to the Company or its transfer agent or
agents of a certificate (unless such shares shall be uncertificated shares)
representing shares, duly endorsed or accompanied by appropriate evidence of
succession, assignment or authority to transfer. Within a reasonable time after
the transfer of uncertificated shares, the Company shall send to the registered
owner thereof a written notice containing the information required to be set
forth or stated on certificates.
(b) Except as otherwise prescribed by law, the Board of Directors may
make such rules, regulations and conditions as it may deem expedient concerning
the subscription for, issue, transfer and registration of, shares of stock.
<PAGE>
Except as otherwise prescribed by law, the Company, prior to due presentment for
registration of transfer, may treat the registered owner of shares as the person
exclusively entitled to vote, to receive notifications, and otherwise to
exercise all the rights and powers of an owner. [Business Corporation Law Sec.
508(d), (f); Insurance Law Sec. 4203]
Section 5.2 Transfer Agent and Registrar. The Board of Directors may
appoint one or more transfer agents and one or more registrars, and may require
all certificates representing shares to bear the signature of any such transfer
agents or registrars. The same person may act as transfer agent and registrar
for the Company.
ARTICLE VI
----------
EXECUTION OF INSTRUMENTS
------------------------
Section 6.1. Execution of Instruments. (a) Any one of the following,
namely, the Chairman of the Board, any Vice-Chairman of the Board, the
President, any Vice-President (including a Deputy or Assistant Vice-President or
any other Vice-President designated by a number or a word or words added before
or after the title Vice-President to indicate his or her rank or
responsibilities), the Secretary, or the Treasurer, or any officer, employee or
agent designated by or pursuant to authorization of the Board of Directors or
any committee created under these By-Laws, shall have power in the ordinary
course of business to enter into contracts or execute instruments on behalf of
the Company (other than checks, drafts and other orders drawn on funds of the
Company deposited in its name in banks) and to affix the corporate seal. If any
such instrument is to be executed on behalf of the Company by more than one
person, any two or more of the foregoing or any one or more of the foregoing
with an Assistant Secretary or an Assistant Treasurer shall have power to
execute such instrument and affix the corporate seal.
(b) The signature of any officer may be in facsimile on any such
instrument if it shall also bear the actual signature, or personally inscribed
initials, of an officer, employee or agent empowered by or pursuant to the first
sentence of this Section to execute such instrument, provided that the Board of
Directors or a committee thereof may authorize the issuance of insurance
contracts and annuity contracts on behalf of the Company bearing the facsimile
signature of an officer without the actual signature or personally inscribed
initials of any person.
<PAGE>
(c) All checks, drafts and other orders drawn on funds of the Company
deposited in its name in banks shall be signed only pursuant to authorization of
and in accordance with rules prescribed from time to time by the Board of
Directors or a committee thereof, which rules may permit the use of facsimile
signatures.
Section 6.2. Facsimile Signatures of Former Officers. If any officer
whose facsimile signature has been placed upon any instrument shall have ceased
to be such officer before such instrument is issued, it may be issued with the
same effect as if he or she had been such officer at the time of its issue.
Section 6.3. Meaning of Term "Instruments". As used in this Article VI,
the term "instruments" includes, but is not limited to, contracts and
agreements, checks, drafts and other orders for the payment of money, transfers
of bonds, stocks, notes and other securities, and powers of attorney, deeds,
leases, releases of mortgages, satisfactions and all other instruments entitled
to be recorded in any jurisdiction.
ARTICLE VII
-----------
GENERAL
-------
Section 7.1. Reports of Committees. Reports of any committee charged
with responsibility for supervising or making investments shall be submitted at
the next meeting of the Board of Directors. Reports of other committees of the
Board of Directors shall be submitted at a regular meeting of the Board of
Directors as soon as practicable, unless otherwise directed by the Board of
Directors.
Section 7.2 Independent Certified Public Accountants. The books and
accounts of the Company shall be audited throughout each year by such
independent certified public accountants as shall be selected by the Board of
Directors.
Section 7.3. Directors' Fees. The Directors shall be paid such fees for
their services in any capacity as may have been authorized by the Board of
Directors. No Director who is a salaried officer of the Company shall receive
any fees for serving as a Director of the Company. [Business Corporation Law
Sec. 713(e)]
<PAGE>
Section 7.4. Indemnification of Directors, Officers and Employees. (a)
To the extent permitted by the law of the State of New York and subject to all
applicable requirements thereof:
(i) any person made or threatened to be made a party to any action or
proceeding, whether civil or criminal, by reason of the fact that he or she,
or his or her testator or intestate, is or was a director, officer or
employee of the Company shall be indemnified by the Company;
(ii) any person made or threatened to be made a party to any action or
proceeding, whether civil or criminal, by reason of the fact that he or she,
or his or her testator or intestate serves or served any other organization
in any capacity at the request of the Company may be indemnified by the
Company; and
(iii) the related expenses of any such person in any of said categories
may be advanced by the Company.
(b) To the extent permitted by the law of the State of New York, the
Company may provide for further indemnification or advancement of expenses by
resolution of shareholders of the Company or the Board of Directors, by
amendment of these By-Laws, or by agreement. [Business Corporation Law Secs.
721-726; Insurance Law Sec. 1216]
Section 7.5. Waiver of Notice. Notice of any meeting of the Board of
Directors or any committee thereof shall not be required to be given to any
Director who submits a signed waiver of notice whether before or after the
meeting, or who attends the meeting without protesting, prior to or at its
commencement, the lack of notice to him. [Business Corporation Law Sec. 711(c)]
Section 7.6. Company. The term "Company" in these By-Laws means The
Equitable Life Assurance Society of the United States.
ARTICLE VIII
------------
AMENDMENT OF BY-LAWS
--------------------
Section 8.1. Amendment of By-Laws. Subject to Section 1210 of the
Insurance Law of the State of New York, all By-Laws of the Corporation,
<PAGE>
whether adopted by the Board of Directors or the shareholders, shall be subject
to amendment, alteration or repeal, and new By-Laws may be made, either
(a) by the shareholders at any annual or special meeting of
shareholders the notice of which shall have specified or summarized the
proposed amendment, alteration, repeal or new By-Laws, or
(b) by resolution adopted by the Board of Directors at any regular or
special meeting, the notice or waiver of notice of which, unless none is
required hereunder, shall have specified or summarized the proposed
amendment, alteration, repeal or new By-Laws,
provided, however, that the shareholders may at any time provide in the By-Laws
that any specified provision or provisions of the By-Laws may be amended,
altered or repealed only in the manner specified in the foregoing clause (a), in
which event such provision or provisions shall be subject to amendment,
alteration or repeal only in such manner. [Business Corporation Law Sec. 601(a);
Insurance Law Sec. 1210]
Section 8.2. Notice of Amendment. If any By-Law regulating an impending
election of directors is adopted, amended or repealed by the Board of Directors,
there shall be set forth in the notice of the next meeting of shareholders for
the election of directors the By-Law so adopted, amended or repealed, together
with a concise statement of the changes made. [Business Corporation Law Sec. 601
(b).]
RESTATED CHARTER
OF
THE EQUITABLE LIFE ASSURANCE SOCIETY
OF THE UNITED STATES
ARTICLE I
The name of the corporation shall continue to be The Equitable Life
Assurance Society of the United States.
ARTICLE II
The principal office of the corporation shall be located in the City of
New York, County of New York, State of New York.
ARTICLE III
(a) The business to be transacted by the corporation shall be the kinds
of insurance business specified in Paragraphs 1, 2 and 3 of Subsection (a) of
Section 1113 of the Insurance Law of the State of New York, as follows:
(1) "Life insurance": every insurance upon the lives of human
beings, and every insurance appertaining thereto, including the
granting of endowment benefits, additional benefits in the event of
death by accident, additional benefits to safeguard the contract from
lapse, accelerated payments of part or all of the death benefit or a
special surrender value upon diagnosis (A) of terminal illness defined
as a life expectancy of twelve months or less, or (B) of a medical
condition requiring extraordinary medical care or treatment regardless
of life expectancy, or provide a special surrender value, upon total
and permanent disability of the insured, and optional modes of
settlement of proceeds. "Life insurance" also includes additional
benefits to safeguard the contract against lapse in the event of
unemployment of the insured. Amounts paid the insurer for life
insurance and proceeds applied under optional modes of settlement or
under dividend options may be allocated by the insurer
<PAGE>
to one or more separate accounts pursuant to section four thousand two
hundred forty of the Insurance Law of the State of New York;
(2) "Annuities": all agreements to make periodical payments for a
period certain or where the making or continuance of all or some of a
series of such payments, or the amount of any such payment, depends
upon the continuance of human life, except payments made under the
authority of paragraph (1) above. Amounts paid the insurer to provide
annuities and proceeds applied under optional modes of settlement or
under dividend options may be allocated by the insurer to one or more
separate accounts pursuant to section four thousand two hundred forty
of the Insurance Law of the State of New York;
(3) "Accident and health insurance": (i) insurance against death
or personal injury by accident or by any specified kind or kinds of
accident and insurance against sickness, ailment or bodily injury,
including insurance providing disability benefits pursuant to article
nine of the workers' compensation law, except as specified in item (ii)
hereof; and (ii) non-cancellable disability insurance, meaning
insurance against disability resulting from sickness, ailment or bodily
injury (but excluding insurance solely against accidental injury) under
any contract which does not give the insurer the option to cancel or
otherwise terminate the contract at or after one year from its
effective date or renewal date;
and any amendments to such paragraphs or provisions in substitution therefor
which may be hereafter adopted; such other kind or kinds of business now or
hereafter authorized by the laws of the State of New York to stock life
insurance companies; and such other kind or kinds of business to the extent
necessarily or properly incidental to the kind or kinds of insurance business
which the corporation is authorized to do.
(b) The corporation shall also have all other rights, powers, and
privileges now or hereafter authorized or granted by the Insurance Law of the
State of New York or any other law or laws of the State of New York to stock
life insurance companies having power to do the kind or kinds of business
hereinabove referred to and any and all other rights, powers, and privileges of
a corporation now or hereafter granted by the laws of the State of New York and
not prohibited to such stock life insurance companies.
- 2 -
<PAGE>
ARTICLE IV
The business of the corporation shall be managed under the direction of
the Board of Directors.
ARTICLE V
(a) The Board of Directors shall consist of not less than 13 (except
for vacancies temporarily unfilled) nor more than 36 Directors, as may be
determined from time to time by a vote of a majority of the entire Board of
Directors. No decrease in the number of Directors shall shorten the term of any
incumbent Director.
(b) The Board of Directors shall have the power to adopt from time to
time such By-Laws, rules and regulations for the governance of the officers,
employees and agents and for the management of the business and affairs of the
corporation, not inconsistent with this Charter and the laws of the State of New
York, as may be expedient, and to amend or repeal such by-laws, rules and
regulations, except as provided in the By-Laws.
(c) Any or all of the Directors may be removed at any time, either for
or without cause, by vote of the shareholders.
(d) No Director shall be personally liable to the corporation or any of
its shareholders for damages for any breach of duty as a Director; provided,
however, that the foregoing provision shall not eliminate or limit (i) the
liability of a Director if a judgment or other final adjudication adverse to him
or her establishes that his or her acts or omissions were in bad faith or
involved intentional misconduct or that he or she personally gained in fact a
financial profit or other advantage to which he or she was not legally entitled,
or were acts or omissions which (a) he or she knew or reasonably should have
known violated the Insurance Law of the State of New York or (b) violated a
specific standard of care imposed on Directors directly, and not by reference,
by a provision of the Insurance Law of the State of New York (or any regulations
promulgated thereunder) or (c) constituted a knowing violation of any other law;
or (ii) the liability of a Director for any act or omission prior to September
21, 1989.
- 3 -
<PAGE>
ARTICLE VI
(a) The Directors of the corporation shall be elected at each annual
meeting of shareholders of the corporation in the manner prescribed by law. The
annual meeting of shareholders shall be held at such place, within or without
the State of New York, and at such time as may be fixed by or under the By-Laws.
At each annual meeting of shareholders, directors shall be elected to hold
office for a term expiring at the next annual meeting of shareholders.
(b) Newly created directorships resulting from an increase in the
number of Directors and vacancies occurring in the Board of Directors shall be
filled by vote of the shareholders.
(c) Each Director shall be at least twenty-one years of age, and at all
times a majority of the Directors shall be citizens and residents of the United
States, and not less than three of the Directors shall be residents of the State
of New York.
(d) The Board of Directors shall elect such officers as are provided
for in the By-Laws at the first meeting of the Board of Directors following each
annual meeting of the shareholders. In the event of the failure to elect
officers at such meeting, officers may be elected at any regular or special
meeting of the Board of Directors. A vacancy in any office may be filled by the
Board of Directors at any regular or special meeting.
ARTICLE VII
The duration of the corporate existence of the corporation shall be
perpetual.
ARTICLE VIII
The amount of the capital of the corporation shall be $2,500,000, and
shall consist of 2,000,000 Common Shares, par value $1.25 per share.
44859-1.DOC
- 4 -
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Claude Bebear
-----------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ James M. Benson
-------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 30th day of September, 1996
/s/ Christopher J. Brocksom
---------------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 30th day of September, 1996
/s/ Francoise Colloc'h
----------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 20th day of September, 1996
/s/ Henri de Castries
---------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Joseph L. Dionne
--------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ William T. Esrey
--------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Jean-Rene Fourtou
---------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Norman C. Francis
---------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Donald J. Greene
--------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 18th day of September, 1996
/s/ John T. Hartley
-------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 13th day of September, 1996
/s/ John H.F. Haskell, Jr.
--------------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in fact and agent , with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorney-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorney-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 6th day of January, 1997
/s/ Mary R. (Nina) Henderson
---------------------------------
Mary R. (Nina) Henderson
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ W. Edwin Jarmain
--------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ G. Donald Johnston, Jr.
---------------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 30th day of September, 1996
/s/ Winthrop Knowlton
---------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Arthur L. Liman
-------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ George T. Lowy
------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ William T. McCaffrey
------------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 12th day of September, 1996
/s/ Joseph J. Melone
--------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Didier Pineau-Valencienne
-----------------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ George J. Sella Jr.
-----------------------
<PAGE>
POWER OF ATTORNEY
-----------------
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned officer or
director of The Equitable Life Assurance Society of the United States (the
"Company"), a New York stock life insurance company, hereby constitutes and
appoints Gordon G. Dinsmore, Samuel B. Shlesinger, Maureen K. Wolfson, Pauline
Sherman, Donald R. Kaplan, Naomi J. Weinstein, Mildred Oliver and each of them
(with full power to each of them to act alone), his or her true and lawful
attorney-in-fact and agent, with full power of substitution to each, for him or
her and on his or her behalf and in his or her name, place and stead, to execute
and file any of the documents referred to below relating to registrations under
the Securities Act of 1933, the Securities Exchange Act of 1934 and the
Investment Company Act of 1940 with respect to any insurance or annuity
contracts or other agreements providing for allocation of amounts to Separate
Accounts of the Company, and related units or interests in Separate Accounts:
registration statements on any form or forms under the Securities Act of 1933
and the Investment Company Act of 1940 and annual reports on any form or forms
under the Securities Exchange Act of 1934, and any and all amendments and
supplements thereto, with all exhibits and all instruments necessary or
appropriate in connection therewith, each of said attorneys-in-fact and agents
and his, her or their substitutes being empowered to act with or without the
others or other, and to have full power and authority to do or cause to be done
in the name and on behalf of the undersigned each and every act and thing
requisite and necessary or appropriate with respect thereto to be done in and
about the premises in order to effectuate the same, as fully to all intents and
purposes as the undersigned might or could do in person, hereby ratifying and
confirming all that said attorneys-in-fact and agents, or any of them, may do or
cause to be done by virtue hereof.
IN WITNESS WHEREOF, the undersigned has hereunto set his or her hand
this 19th day of September, 1996
/s/ Dave H. Williams
--------------------
CONSENT OF INDEPENDENT ACCOUNTANTS
We hereby consent to the use in the Statement of Additional Information
constituting part of this Post-Effective Amendment No. 59 to the Registration
Statement No. 2-30070 on Form N-4 (the "Registration Statement") of our report
dated February 10, 1997 relating to the financial statements of The Equitable
Life Assurance Society of the United States Separate Account A for the year
ended December 31, 1996, and our report dated February 10, 1997 relating to the
consolidated financial statements of The Equitable Life Assurance Society of the
United States for the year ended December 31, 1996, which reports appear in such
Statement of Additional Information, and to the incorporation by reference of
our reports into the Prospectus which constitutes part of this Registration
Statement. We also consent to the incorporation by reference into the Prospectus
and Prospectus Supplement of our report dated February 10, 1997 appearing on
page F-1 of The Equitable Life Assurance Society of the United States' Annual
Report on Form 10-K for the year ended December 31, 1996. We also consent to the
incorporation by reference of our report on the Consolidated Financial Statement
Schedules dated February 10, 1997 which appears on page F-47 of such Annual
Report on Form 10-K. We also consent to the references to us under the headings
"Independent Accountants" in the Prospectus and "Custodian and Independent
Accountants" in the Statement of Additional Information.
/s/ Price Waterhouse LLP
Price Waterhouse LLP
New York, New York
April 28, 1997
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000089024
<NAME> Sep Acct A ELAS
<SERIES>
<NUMBER> 02
<NAME> Common Stock Fund
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> Year
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Dec-31-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 3,561,855,207
<INVESTMENTS-AT-VALUE> 4,335,729,549
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 10,481,008
<TOTAL-ASSETS> 4,346,210,557
<PAYABLE-FOR-SECURITIES> 9,509,685
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 4,002,772
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<NET-ASSETS> 4,332,698,100
<DIVIDEND-INCOME> 31,566,792
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 50,222,898
<NET-INVESTMENT-INCOME> (18,656,106)
<REALIZED-GAINS-CURRENT> 467,121,717
<APPREC-INCREASE-CURRENT> 326,272,321
<NET-CHANGE-FROM-OPS> 774,737,932
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> (18,656,106)
<DISTRIBUTIONS-OF-GAINS> 793,394,038
<DISTRIBUTIONS-OTHER> 382,573,715
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 1,154,712,730
<ACCUMULATED-NII-PRIOR> 0
<ACCUMULATED-GAINS-PRIOR> 0
<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
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<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
<AVERAGE-NET-ASSETS> 0
<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
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</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000089024
<NAME> Sep Acct A ELAS
<SERIES>
<NUMBER> 03
<NAME> Money Market Fund
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> Year
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Dec-31-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 94,721,024
<INVESTMENTS-AT-VALUE> 94,367,905
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 3,735,501
<TOTAL-ASSETS> 98,103,406
<PAYABLE-FOR-SECURITIES> 3,722,471
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 566,137
<TOTAL-LIABILITIES> 4,288,608
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 93,814,798
<DIVIDEND-INCOME> 4,218,305
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 1,095,001
<NET-INVESTMENT-INCOME> 3,123,304
<REALIZED-GAINS-CURRENT> 137,830
<APPREC-INCREASE-CURRENT> 15,587
<NET-CHANGE-FROM-OPS> 3,276,721
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 3,123,304
<DISTRIBUTIONS-OF-GAINS> 153,417
<DISTRIBUTIONS-OTHER> 12,342,173
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 15,557,501
<ACCUMULATED-NII-PRIOR> 0
<ACCUMULATED-GAINS-PRIOR> 0
<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
<GROSS-ADVISORY-FEES> 0
<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
<AVERAGE-NET-ASSETS> 0
<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
<PER-SHARE-GAIN-APPREC> 0
<PER-SHARE-DIVIDEND> 0
<PER-SHARE-DISTRIBUTIONS> 0
<RETURNS-OF-CAPITAL> 0
<PER-SHARE-NAV-END> 0
<EXPENSE-RATIO> 0
<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000089024
<NAME> Sep Acct A ELAS
<SERIES>
<NUMBER> 04
<NAME> Aggressive Stock Fund
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> Year
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Dec-31-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 2,874,726,262
<INVESTMENTS-AT-VALUE> 2,978,162,769
<RECEIVABLES> 3,430,056
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 0
<TOTAL-ASSETS> 2,981,592,825
<PAYABLE-FOR-SECURITIES> 0
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 5,019,095
<TOTAL-LIABILITIES> 5,019,095
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 2,976,573,730
<DIVIDEND-INCOME> 6,308,285
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 33,994,845
<NET-INVESTMENT-INCOME> (27,686,560)
<REALIZED-GAINS-CURRENT> 578,406,046
<APPREC-INCREASE-CURRENT> (87,392,419)
<NET-CHANGE-FROM-OPS> 463,327,067
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> (27,686,560)
<DISTRIBUTIONS-OF-GAINS> 491,013,627
<DISTRIBUTIONS-OTHER> 416,433,659
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 879,164,373
<ACCUMULATED-NII-PRIOR> 0
<ACCUMULATED-GAINS-PRIOR> 0
<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
<GROSS-ADVISORY-FEES> 0
<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
<AVERAGE-NET-ASSETS> 0
<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
<PER-SHARE-GAIN-APPREC> 0
<PER-SHARE-DIVIDEND> 0
<PER-SHARE-DISTRIBUTIONS> 0
<RETURNS-OF-CAPITAL> 0
<PER-SHARE-NAV-END> 0
<EXPENSE-RATIO> 0
<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000089024
<NAME> Sep Acct A ELAS
<SERIES>
<NUMBER> 05
<NAME> Balanced Fund
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> Year
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Dec-31-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 1,095,836,659
<INVESTMENTS-AT-VALUE> 1,122,444,797
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 1,213,821
<TOTAL-ASSETS> 1,123,658,618
<PAYABLE-FOR-SECURITIES> 931,572
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 991,204
<TOTAL-LIABILITIES> 1,922,776
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 1,121,735,842
<DIVIDEND-INCOME> 34,404,660
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 14,737,300
<NET-INVESTMENT-INCOME> 19,667,360
<REALIZED-GAINS-CURRENT> 100,889,344
<APPREC-INCREASE-CURRENT> (15,177,682)
<NET-CHANGE-FROM-OPS> 105,379,022
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 19,667,360
<DISTRIBUTIONS-OF-GAINS> 85,711,662
<DISTRIBUTIONS-OTHER> (25,275,719)
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 79,622,114
<ACCUMULATED-NII-PRIOR> 0
<ACCUMULATED-GAINS-PRIOR> 0
<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
<GROSS-ADVISORY-FEES> 0
<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
<AVERAGE-NET-ASSETS> 0
<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
<PER-SHARE-GAIN-APPREC> 0
<PER-SHARE-DIVIDEND> 0
<PER-SHARE-DISTRIBUTIONS> 0
<RETURNS-OF-CAPITAL> 0
<PER-SHARE-NAV-END> 0
<EXPENSE-RATIO> 0
<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000089024
<NAME> Sep Acct A ELAS
<SERIES>
<NUMBER> 06
<NAME> High Yield Fund
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> Year
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Dec-31-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 77,333,927
<INVESTMENTS-AT-VALUE> 78,578,208
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 883,577
<TOTAL-ASSETS> 79,461,785
<PAYABLE-FOR-SECURITIES> 879,253
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 621,294
<TOTAL-LIABILITIES> 1,500,547
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 77,961,238
<DIVIDEND-INCOME> 5,697,177
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 717,453
<NET-INVESTMENT-INCOME> 4,979,724
<REALIZED-GAINS-CURRENT> 4,297,646
<APPREC-INCREASE-CURRENT> 721,266
<NET-CHANGE-FROM-OPS> 9,998,636
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 4,979,724
<DISTRIBUTIONS-OF-GAINS> 5,018,912
<DISTRIBUTIONS-OTHER> 34,989,901
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 44,909,920
<ACCUMULATED-NII-PRIOR> 0
<ACCUMULATED-GAINS-PRIOR> 0
<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
<GROSS-ADVISORY-FEES> 0
<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
<AVERAGE-NET-ASSETS> 0
<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
<PER-SHARE-GAIN-APPREC> 0
<PER-SHARE-DIVIDEND> 0
<PER-SHARE-DISTRIBUTIONS> 0
<RETURNS-OF-CAPITAL> 0
<PER-SHARE-NAV-END> 0
<EXPENSE-RATIO> 0
<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000089024
<NAME> Sep Acct A ELAS
<SERIES>
<NUMBER> 07
<NAME> Global Fund
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> Year
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Dec-31-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 447,059,909
<INVESTMENTS-AT-VALUE> 496,558,219
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 2,467,309
<TOTAL-ASSETS> 499,025,528
<PAYABLE-FOR-SECURITIES> 2,439,129
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 1,132,134
<TOTAL-LIABILITIES> 3,571,263
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 495,454,265
<DIVIDEND-INCOME> 7,691,416
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 5,541,310
<NET-INVESTMENT-INCOME> 2,150,106
<REALIZED-GAINS-CURRENT> 22,308,566
<APPREC-INCREASE-CURRENT> 26,407,595
<NET-CHANGE-FROM-OPS> 50,866,267
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 2,150,106
<DISTRIBUTIONS-OF-GAINS> 48,716,161
<DISTRIBUTIONS-OTHER> 129,866,996
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 180,446,779
<ACCUMULATED-NII-PRIOR> 0
<ACCUMULATED-GAINS-PRIOR> 0
<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
<GROSS-ADVISORY-FEES> 0
<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
<AVERAGE-NET-ASSETS> 0
<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
<PER-SHARE-GAIN-APPREC> 0
<PER-SHARE-DIVIDEND> 0
<PER-SHARE-DISTRIBUTIONS> 0
<RETURNS-OF-CAPITAL> 0
<PER-SHARE-NAV-END> 0
<EXPENSE-RATIO> 0
<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000089024
<NAME> Sep Acct A ELAS
<SERIES>
<NUMBER> 08
<NAME> Conservative Investors Fund
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> Year
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Dec-31-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 82,715,248
<INVESTMENTS-AT-VALUE> 85,864,836
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 202,365
<TOTAL-ASSETS> 86,067,201
<PAYABLE-FOR-SECURITIES> 197,565
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 618,084
<TOTAL-LIABILITIES> 815,649
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 85,251,552
<DIVIDEND-INCOME> 3,720,544
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 1,089,538
<NET-INVESTMENT-INCOME> 2,631,006
<REALIZED-GAINS-CURRENT> 2,242,475
<APPREC-INCREASE-CURRENT> (1,503,698)
<NET-CHANGE-FROM-OPS> 3,369,783
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 2,631,006
<DISTRIBUTIONS-OF-GAINS> 738,777
<DISTRIBUTIONS-OTHER> 10,927,837
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 14,225,340
<ACCUMULATED-NII-PRIOR> 0
<ACCUMULATED-GAINS-PRIOR> 0
<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
<GROSS-ADVISORY-FEES> 0
<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
<AVERAGE-NET-ASSETS> 0
<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
<PER-SHARE-GAIN-APPREC> 0
<PER-SHARE-DIVIDEND> 0
<PER-SHARE-DISTRIBUTIONS> 0
<RETURNS-OF-CAPITAL> 0
<PER-SHARE-NAV-END> 0
<EXPENSE-RATIO> 0
<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000089024
<NAME> Sep Acct A ELAS
<SERIES>
<NUMBER> 09
<NAME> Growth Investors Fund
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> Year
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Dec-31-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 508,888,790
<INVESTMENTS-AT-VALUE> 530,496,700
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 3,672,772
<TOTAL-ASSETS> 534,169,472
<PAYABLE-FOR-SECURITIES> 3,642,884
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 1,115,959
<TOTAL-LIABILITIES> 4,758,843
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 529,410,629
<DIVIDEND-INCOME> 10,897,241
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 5,790,451
<NET-INVESTMENT-INCOME> 5,106,790
<REALIZED-GAINS-CURRENT> 52,452,931
<APPREC-INCREASE-CURRENT> (9,867,072)
<NET-CHANGE-FROM-OPS> 47,692,649
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 5,106,790
<DISTRIBUTIONS-OF-GAINS> 42,585,859
<DISTRIBUTIONS-OTHER> 175,609,712
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 223,089,437
<ACCUMULATED-NII-PRIOR> 0
<ACCUMULATED-GAINS-PRIOR> 0
<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
<GROSS-ADVISORY-FEES> 0
<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
<AVERAGE-NET-ASSETS> 0
<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
<PER-SHARE-GAIN-APPREC> 0
<PER-SHARE-DIVIDEND> 0
<PER-SHARE-DISTRIBUTIONS> 0
<RETURNS-OF-CAPITAL> 0
<PER-SHARE-NAV-END> 0
<EXPENSE-RATIO> 0
<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000089024
<NAME> Sep Acct A ELAS
<SERIES>
<NUMBER> 12
<NAME> Intermed Gov Securities Fund
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> Year
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Dec-31-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 29,929,472
<INVESTMENTS-AT-VALUE> 29,956,488
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 728,944
<TOTAL-ASSETS> 30,685,432
<PAYABLE-FOR-SECURITIES> 726,896
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 530,344
<TOTAL-LIABILITIES> 1,257,240
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 29,428,192
<DIVIDEND-INCOME> 1,519,758
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 327,332
<NET-INVESTMENT-INCOME> 1,192,426
<REALIZED-GAINS-CURRENT> (84,183)
<APPREC-INCREASE-CURRENT> (386,046)
<NET-CHANGE-FROM-OPS> 722,197
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 1,192,426
<DISTRIBUTIONS-OF-GAINS> (470,229)
<DISTRIBUTIONS-OTHER> 6,406,518
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 7,104,396
<ACCUMULATED-NII-PRIOR> 0
<ACCUMULATED-GAINS-PRIOR> 0
<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
<GROSS-ADVISORY-FEES> 0
<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
<AVERAGE-NET-ASSETS> 0
<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
<PER-SHARE-GAIN-APPREC> 0
<PER-SHARE-DIVIDEND> 0
<PER-SHARE-DISTRIBUTIONS> 0
<RETURNS-OF-CAPITAL> 0
<PER-SHARE-NAV-END> 0
<EXPENSE-RATIO> 0
<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000089024
<NAME> Sep Acct A ELAS
<SERIES>
<NUMBER> 13
<NAME> Growth & Income Fund
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> Year
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Dec-31-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 145,853,361
<INVESTMENTS-AT-VALUE> 164,318,806
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 187,056
<TOTAL-ASSETS> 164,505,862
<PAYABLE-FOR-SECURITIES> 177,589
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 821,976
<TOTAL-LIABILITIES> 999,565
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 0
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 0
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> 0
<NET-ASSETS> 163,506,297
<DIVIDEND-INCOME> 2,196,949
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 1,522,287
<NET-INVESTMENT-INCOME> 674,662
<REALIZED-GAINS-CURRENT> 9,675,338
<APPREC-INCREASE-CURRENT> 10,940,166
<NET-CHANGE-FROM-OPS> 21,290,166
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 674,662
<DISTRIBUTIONS-OF-GAINS> 20,615,504
<DISTRIBUTIONS-OTHER> 71,940,816
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 93,086,018
<ACCUMULATED-NII-PRIOR> 0
<ACCUMULATED-GAINS-PRIOR> 0
<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
<GROSS-ADVISORY-FEES> 0
<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 0
<AVERAGE-NET-ASSETS> 0
<PER-SHARE-NAV-BEGIN> 0
<PER-SHARE-NII> 0
<PER-SHARE-GAIN-APPREC> 0
<PER-SHARE-DIVIDEND> 0
<PER-SHARE-DISTRIBUTIONS> 0
<RETURNS-OF-CAPITAL> 0
<PER-SHARE-NAV-END> 0
<EXPENSE-RATIO> 0
<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0
</TABLE>
<TABLE> <S> <C>
<ARTICLE> 6
<CIK> 0000089024
<NAME> Sep Acct A ELAS
<SERIES>
<NUMBER> 14
<NAME> Quality Bond Fund
<MULTIPLIER> 1
<CURRENCY> U. S. Dollars
<S> <C>
<PERIOD-TYPE> Year
<FISCAL-YEAR-END> Dec-31-1996
<PERIOD-START> Jan-01-1996
<PERIOD-END> Dec-31-1996
<EXCHANGE-RATE> 1
<INVESTMENTS-AT-COST> 26,450,265
<INVESTMENTS-AT-VALUE> 26,718,392
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 39,620
<TOTAL-ASSETS> 26,758,012
<PAYABLE-FOR-SECURITIES> 38,118
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 370,628
<TOTAL-LIABILITIES> 408,746
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