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AS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION ON APRIL 28, 1995
REGISTRATION NO. 33-51794
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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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POST-EFFECTIVE AMENDMENT NO. 4
TO
FORM S-6
FOR REGISTRATION UNDER THE SECURITIES ACT
OF 1933 OF SECURITIES OF UNIT INVESTMENT
TRUSTS REGISTERED ON FORM N-8B-2
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ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
(EXACT NAME OF TRUST)
ML LIFE INSURANCE COMPANY OF NEW YORK
(NAME OF DEPOSITOR)
100 CHURCH STREET
11TH FLOOR
NEW YORK, NEW YORK 10080-6511
(COMPLETE ADDRESS OF DEPOSITOR'S PRINCIPAL EXECUTIVE OFFICES)
------------------------
BARRY G. SKOLNICK, ESQ.
SENIOR VICE PRESIDENT & GENERAL COUNSEL
ML LIFE INSURANCE COMPANY OF NEW YORK
800 SCUDDERS MILL ROAD
PLAINSBORO, NEW JERSEY 08536
(NAME AND COMPLETE ADDRESS OF AGENT FOR SERVICE)
------------------------
COPY TO:
STEPHEN E. ROTH, ESQ.
SUTHERLAND, ASBILL & BRENNAN
1275 PENNSYLVANIA AVENUE, NW
WASHINGTON, DC 20004-2404
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It is proposed that this filing will become effective (check appropriate box)
/ / immediately upon filing pursuant to paragraph (b)
/X/ on May 1, 1995 pursuant to paragraph (b)
/ / 60 days after filing pursuant to paragraph (a) (1)
/ / on (date) pursuant to paragraph (a) (1) of Rule 485
/ /_ this post-effective amendment designates a new effective date
for a previously filed post-effective amendment
Check box if it is proposed that the filing will become effective on (date)
at (time) pursuant to Rule 487 / /
Pursuant to Rule 24f-2 of the Investment Company Act of 1940, the Registrant
has registered an indefinite amount of securities under the Securities Act of
1933. The Registrant filed the 24f-2 Notice for the year ended December 31, 1994
on February 24, 1995.
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ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
CROSS REFERENCE TO ITEMS REQUIRED BY FORM N-8B-2
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N-8B-2 ITEM CAPTION IN PROSPECTUS
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1 Cover Page
2 Cover Page
3 Summary of the Contract (The Investment Divisions); Facts About the Separate
Account, the Series Fund, the Variable Series Funds, the Zero Trusts and ML
of New York
4 Facts About the Separate Account, the Series Fund, the Variable Series
Funds, the Zero Trusts and ML of New York (ML of New York and MLPF&S); More
About the Contract (Selling the Contracts)
5 Facts About the Separate Account, the Series Fund, the Variable Series
Funds, the Zero Trusts and ML of New York (ML of New York and MLPF&S); More
About the ML Life Insurance Company of New York
6 Facts About the Separate Account, the Series Fund, the Variable Series
Funds, the Zero Trusts and ML of New York (ML of New York and MLPF&S); More
About the Separate Account and its Divisions (Charges to Series Fund
Assets; Charges to Variable Series Funds Assets)
7 Not Applicable
8 Not Applicable
9 More About the Insurance Company (Legal Proceedings)
10 Summary of the Contract; Facts About the Contract; More About the Contract;
More About the Separate Account and its Divisions
11 Summary of the Contract (The Investment Divisions); Facts About the Separate
Account, the Series Fund, the Variable Series Funds, the Zero Trusts and ML
of New York; More About the Separate Account and its Divisions (About the
Separate Account; The Zero Trusts)
12 Summary of the Contract (The Investment Divisions); Facts About the Separate
Account, the Series Fund, the Variable Series Funds, the Zero Trusts and ML
of New York; More About the Separate Account and its Divisions
13 Summary of the Contract (Loans; Fees and Charges); Facts About the Contract
[Charges Deducted from your Investment Base; Charges to the Separate
Account; Guarantee Period; Net Cash Surrender Value; Loans; Partial
Withdrawals; Death Benefit Proceeds; Payment of Death Benefit Proceeds;
Your Right to Cancel ("Free Look" Period) or Exchange]; More About the
Contract; More About the Separate Account and its Divisions (Charges to
Series Fund Assets; Charges to Variable Series Funds Assets)
14 Facts About the Contract (Purchasing a Contract; Planned Payments); More
About the Contract (Other Contract Provisions)
15 Summary of the Contract (Availability and Payments); Facts About the
Contract (Initial Payment; Making Additional Payments); More About the
Contract (Income Plans)
16 Facts About the Separate Account, the Series Fund, the Variable Series
Funds, the Zero Trusts and ML of New York; More About the Separate Account
and its Divisions
17 Summary of the Contract [Net Cash Surrender Value and Cash Surrender Value;
Right to Cancel ("Free Look" Period) or Exchange; Partial Withdrawals];
Facts About the Contract [Net Cash Surrender Value; Partial Withdrawals;
Right to Cancel ("Free Look" Period) or Exchange]; More About the Contract
(Some Administrative Procedures)
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N-8B-2 ITEM CAPTION IN PROSPECTUS
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18 Facts About the Separate Account, the Series Fund, the Variable Series
Funds, the Zero Trusts and ML of New York; More About the Separate Account
and its Divisions
19 More About ML Life Insurance Company of New York
20 More About the Separate Account and its Divisions (Charges Within the
Account; Charges to Series Fund Assets; Charges to Variable Series Funds
Assets)
21 Summary of the Contract (Loans); Facts About the Contract (Loans)
22 Not Applicable
23 Not Applicable
24 Not Applicable
25 Facts About the Separate Account, the Series Fund, the Variable Series
Funds, the Zero Trusts and ML of New York (ML of New York and MLPF&S); More
About the ML Life Insurance Company of New York
26 Not Applicable
27 Facts About the Separate Account, the Series Fund, the Variable Series
Funds, the Zero Trusts and ML of New York (ML of New York and MLPF&S); More
About the ML Life Insurance Company of New York
28 More About the ML Life Insurance Company of New York
29 Facts About the Separate Account, the Series Fund, the Variable Series
Funds, the Zero Trusts and ML of New York (ML of New York and MLPF&S)
30 Not Applicable
31 Not Applicable
32 Not Applicable
33 Not Applicable
34 Not Applicable
35 Facts About the Separate Account, the Series Fund, the Variable Series
Funds, the Zero Trusts and ML of New York (ML of New York and MLPF&S)
36 Not Applicable
37 Not Applicable
38 Facts About the Separate Account, the Series Fund, the Variable Series
Funds, the Zero Trusts and ML of New York (ML of New York and MLPF&S); More
About the Contract (Selling the Contracts)
39 Facts About the Separate Account, the Series Fund, the Variable Series
Funds, the Zero Trusts and ML of New York (ML of New York and MLPF&S); More
About the Contract (Selling the Contracts)
40 Not Applicable
41 Facts About the Separate Account, the Series Fund, the Variable Series
Funds, the Zero Trusts and ML of New York (ML of New York and MLPF&S); More
About the Contract (Selling the Contracts)
42 Not Applicable
43 Not Applicable
44 Facts About the Contract; More About the Contract
45 Not Applicable
46 Summary of the Contract; Facts About the Contract (Net Cash Surrender Value;
Partial Withdrawals)
47 Summary of the Contract (The Investment Divisions); Facts About the Separate
Account, the Series Fund, the Variable Series Funds, the Zero Trusts and ML
of New York; More About the Separate Account and its Divisions
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N-8B-2 ITEM CAPTION IN PROSPECTUS
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48 Facts About the Separate Account, the Series Fund, the Variable Series
Funds, the Zero Trusts and ML of New York (ML of New York and MLPF&S); More
About the Contract (Selling the Contracts)
49 Facts About the Separate Account, the Series Fund, the Variable Series
Funds, the Zero Trusts and ML of New York (ML of New York and MLPF&S); More
About the Contract (Selling the Contracts)
50 Not Applicable
51 Facts About the Contract; More About the Contract
52 Facts About the Separate Account, the Series Fund, the Variable Series
Funds, the Zero Trusts and ML of New York (ML of New York and MLPF&S); More
About the Contract (Selling the Contracts)
53 More About the Contract (Tax Considerations; ML of New York's Income Taxes)
54 Not Applicable
55 Not Applicable
56 Not Applicable
57 Not Applicable
58 Not Applicable
59 More About ML Life Insurance Company of New York (Financial Statements)
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PROSPECTUS
MAY 1, 1995
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
FLEXIBLE PREMIUM VARIABLE LIFE INSURANCE CONTRACT
ALSO KNOWN AS
MODIFIED FLEXIBLE PREMIUM
VARIABLE LIFE INSURANCE CONTRACT
ISSUED BY
ML LIFE INSURANCE COMPANY OF NEW YORK
HOME OFFICE: 100 CHURCH STREET 11TH FLOOR, NEW YORK, NEW YORK 10080-6511
SERVICE CENTER: P.O. BOX 9025
SPRINGFIELD, MASSACHUSETTS 01102-9025
1414 MAIN STREET, THIRD FLOOR
SPRINGFIELD, MASSACHUSETTS 01104-1007
PHONE: (800) 831-8172
OFFERED THROUGH
MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED
This Prospectus is for a flexible premium variable life insurance contract (the
"Contract") offered by ML Life Insurance Company of New York ("ML of New York"),
a subsidiary of Merrill Lynch & Co., Inc. It describes contracts which, at the
time of issue, are modified endowment contracts under federal tax law. A
prospective contract owner who wants to purchase a contract that is not a
modified endowment contract should consult a Merrill Lynch registered
representative. Because the Contract is a modified endowment contract, any loan,
partial withdrawal or surrender may result in adverse tax consequences and/or
penalties. However, a contract owner should not be considered in constructive
receipt of the cash surrender value of the Contract, including increases, unless
and until he or she is in actual receipt of distributions from the Contract.
Through the first 14 days following the in force date, the initial payment will
be invested only in the investment division of the Separate Account investing in
the Money Reserve Portfolio. Thereafter, the investment base will be reallocated
to any five of the 35 investment divisions of ML of New York Variable Life
Separate Account II (the "Separate Account"), a ML of New York separate
investment account available under the Contract. The investments available
through the investment divisions include 10 mutual fund portfolios of the
Merrill Lynch Series Fund, Inc., six mutual fund portfolios of the Merrill Lynch
Variable Series Funds, Inc. and 19 unit investment trusts in The Merrill Lynch
Fund of Stripped ("Zero") U.S. Treasury Securities. Currently, the contract
owner may change his or her investment allocation as many times as desired.
The Contract provides an estate benefit through life insurance coverage on the
insured. ML of New York guarantees that coverage will remain in force for life,
or for a shorter time if the face amount chosen is above the minimum face amount
required for that payment. During this guarantee period, ML of New York will
terminate the Contract only if the debt exceeds certain contract values. After
the guarantee period, the Contract will remain in force as long as there is not
excessive debt and as long as the cash surrender value is sufficient to cover
the charges due. While the Contract is in force, the death benefit may vary to
reflect the investment results of the investment divisions chosen, but will
never be less than the current face amount.
Contract owners may also purchase a Contract to provide insurance coverage on
the lives of two insureds with proceeds payable upon the death of the last
surviving insured.
Contract owners may make additional payments subject to certain conditions,
change the face amount of their Contract, turn in the Contract for its net cash
surrender value and make partial withdrawals. The net cash surrender value will
vary with the investment results of the investment divisions chosen. ML of New
York doesn't guarantee any minimum cash surrender value.
It may not be advantageous to replace existing insurance with the Contract. The
Contract may be returned or exchanged for a contract with benefits that do not
vary with the investment results of a separate account.
THE PURCHASE OF THIS CONTRACT INVOLVES CERTAIN RISKS. BECAUSE IT IS A VARIABLE
LIFE INSURANCE CONTRACT, THE VALUE OF THE CONTRACT REFLECTS THE INVESTMENT
PERFORMANCE OF THE SELECTED INVESTMENT OPTIONS. INVESTMENT RESULTS CAN VARY BOTH
UP AND DOWN AND CAN EVEN DECREASE THE VALUE OF PREMIUM PAYMENTS. THEREFORE,
CONTRACT OWNERS COULD LOSE ALL OR PART OF THE MONEY THEY HAVE INVESTED. ML OF
NEW YORK DOES NOT GUARANTEE THE VALUE OF THE CONTRACT. RATHER, CONTRACT OWNERS
BEAR ALL INVESTMENT RISKS.
LIFE INSURANCE IS INTENDED TO BE A LONG-TERM INVESTMENT. CONTRACT OWNERS SHOULD
EVALUATE THEIR INSURANCE NEEDS AND THE CONTRACT'S LONG-TERM INVESTMENT POTENTIAL
AND RISKS BEFORE PURCHASING THE CONTRACT.
PARTIAL WITHDRAWALS AND SURRENDER OF THE CONTRACT ARE SUBJECT TO TAX, AND BEFORE
THE CONTRACT OWNER ATTAINS AGE 59 1/2 MAY ALSO BE SUBJECT TO A 10% FEDERAL
PENALTY TAX. LOANS UNDER THE CONTRACT ARE ALSO GENERALLY TAXABLE AND SUBJECT TO
THE 10% FEDERAL PENALTY TAX IF TAKEN BEFORE AGE 59 1/2.
PLEASE READ THIS PROSPECTUS AND KEEP IT FOR FUTURE REFERENCE. IT MUST BE
ACCOMPANIED BY CURRENT PROSPECTUSES FOR THE MERRILL LYNCH SERIES FUND, INC., THE
MERRILL LYNCH VARIABLE SERIES FUNDS, INC. AND THE MERRILL LYNCH FUND OF STRIPPED
("ZERO") U.S. TREASURY SECURITIES.
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.
<PAGE>
TABLE OF CONTENTS
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IMPORTANT TERMS.............................................................. 4
SUMMARY OF THE CONTRACT
Purpose of the Contract.................................................... 5
Availability and Payments.................................................. 5
Joint Insureds............................................................. 5
CMA-Registered Trademark- Insurance Service................................ 5
The Investment Divisions................................................... 5
How the Death Benefit Varies............................................... 6
How the Investment Base Varies............................................. 6
Net Cash Surrender Value and Cash Surrender Value.......................... 6
Illustrations.............................................................. 6
Replacement of Existing Coverage........................................... 6
Right to Cancel ("Free Look" Period) or Exchange........................... 6
How Death Benefit and Cash Surrender Value Increases are Taxed............. 6
Partial Withdrawals........................................................ 7
Loans...................................................................... 7
Fees and Charges........................................................... 7
FACTS ABOUT THE SEPARATE ACCOUNT, THE SERIES FUND, THE VARIABLE SERIES FUNDS,
THE ZERO TRUSTS AND ML OF NEW YORK
The Separate Account....................................................... 8
The Series Fund............................................................ 8
The Variable Series Funds.................................................. 9
Equity Growth Fund -- Exemptive Relief..................................... 10
Certain Risks of the Series Fund and Variable Series Funds................. 10
The Zero Trusts............................................................ 11
ML of New York and MLPF&S.................................................. 11
FACTS ABOUT THE CONTRACT
Who May be Covered......................................................... 11
Initial Payment............................................................ 12
Making Additional Payments................................................. 13
Changing the Face Amount................................................... 14
Investment Base............................................................ 15
Charges Deducted from the Investment Base.................................. 16
Charges to the Separate Account............................................ 18
Guarantee Period........................................................... 18
Net Cash Surrender Value................................................... 19
Partial Withdrawals........................................................ 19
Loans...................................................................... 20
Death Benefit Proceeds..................................................... 21
Payment of Death Benefit Proceeds.......................................... 22
Right to Cancel ("Free Look" Period) or Exchange........................... 22
Reports to Contract Owners................................................. 22
MORE ABOUT THE CONTRACT
Using the Contract......................................................... 23
Some Administrative Procedures............................................. 25
Other Contract Provisions.................................................. 25
Income Plans............................................................... 26
Group or Sponsored Arrangements............................................ 27
Unisex Legal Considerations for Employers.................................. 27
Selling the Contracts...................................................... 27
Tax Considerations......................................................... 28
ML of New York's Income Taxes.............................................. 31
Reinsurance................................................................ 31
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2
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MORE ABOUT THE SEPARATE ACCOUNT AND ITS DIVISIONS
About the Separate Account................................................. 31
Changes Within the Account................................................. 31
Net Rate of Return for an Investment Division.............................. 32
The Series Fund and the Variable Series Funds.............................. 32
Charges to Series Fund Assets.............................................. 33
Charges to Variable Series Funds Assets.................................... 34
The Zero Trusts............................................................ 35
ILLUSTRATIONS
Illustrations of Death Benefits, Investment Base, Cash Surrender Values and
Accumulated Payments...................................................... 35
EXAMPLES
Additional Payments........................................................ 42
Changing the Face Amount................................................... 42
Partial Withdrawals........................................................ 43
JOINT INSUREDS............................................................... 44
MORE ABOUT ML LIFE INSURANCE COMPANY OF NEW YORK
Directors and Executive Officers........................................... 48
Services Arrangement....................................................... 49
State Regulation........................................................... 49
Legal Proceedings.......................................................... 50
Experts.................................................................... 50
Legal Matters.............................................................. 50
Registration Statements.................................................... 50
Financial Statements....................................................... 50
Financial Statements of ML of New York Variable Life Separate Account II... 51
Financial Statements of ML Life Insurance Company of New York.............. 65
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THIS PROSPECTUS DOES NOT CONSTITUTE AN OFFERING IN ANY JURISDICTION IN WHICH
SUCH OFFERING MAY NOT LAWFULLY BE MADE. NO PERSON IS AUTHORIZED TO MAKE ANY
REPRESENTATIONS IN CONNECTION WITH THIS OFFERING OTHER THAN THOSE CONTAINED IN
THIS PROSPECTUS.
3
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IMPORTANT TERMS
ADDITIONAL PAYMENT: is a payment which may be made after the "free look"
period.
ATTAINED AGE: is the issue age of the insured plus the number of full years
since the contract date.
CASH SURRENDER VALUE: is equal to the net cash surrender value plus any debt.
CONTRACT ANNIVERSARY: is the same date of each year as the contract date.
CONTRACT DATE: is used to determine processing dates, contract years and
anniversaries. It is usually the business day next following the receipt of the
initial payment at the Service Center. It is also referred to as the policy
date.
DEATH BENEFIT: is the larger of the face amount and the variable insurance
amount.
DEATH BENEFIT PROCEEDS: are equal to the death benefit less any debt and less
any overdue charges.
DEBT: is the sum of all outstanding loans on a Contract plus accrued interest.
DEFERRED CONTRACT LOADING: is chargeable to all payments for sales load,
federal tax and premium tax charges. ML of New York advances the amount of the
loading to the divisions as part of the investment base. This loading is
deducted in equal installments on the next ten contract anniversaries following
the date the initial payment is received and accepted. ML of New York deducts
the balance of the deferred contract loading not yet recouped in determining a
Contract's net cash surrender value.
FACE AMOUNT: is the minimum death benefit as long as the Contract remains in
force. The face amount will change if the change in face amount option is
chosen; it may increase as a result of an additional payment; or it may decrease
as a result of a partial withdrawal.
FIXED BASE: is calculated like the cash surrender value except that 4% is
substituted for the net rate of return, the guaranteed maximum cost of insurance
rates are substituted for current rates and loans and repayments are not taken
into account.
GUARANTEE PERIOD: is the time guaranteed that the Contract will remain in force
regardless of investment experience, unless the debt exceeds certain values. It
is the period that a comparable fixed life insurance contract (same face amount,
payments made, guaranteed mortality table and loading) would remain in force if
credited with 4% interest per year.
IN FORCE DATE: is the date when the underwriting process is complete, the
initial payment is received and outstanding contract amendments (if any) are
received.
INITIAL PAYMENT: is the payment required to put the Contract into effect.
INVESTMENT BASE: is the amount available under a Contract for investment in the
Separate Account at any time. A contract owner's investment base is the sum of
the amounts invested in each of the selected investment divisions.
INVESTMENT DIVISION: is any division in the Separate Account.
ISSUE AGE: is the insured's age as of his or her birthday nearest the contract
date.
NET AMOUNT AT RISK: is the excess of the death benefit over the cash surrender
value.
NET CASH SURRENDER VALUE: is equal to the investment base less the balance of
any deferred contract loading and, depending on the date it is calculated, less
all or a portion of certain other charges not yet deducted.
NET SINGLE PREMIUM FACTOR: is used to determine the amount of death benefit
purchased by $1.00 of cash surrender value. ML of New York uses this factor in
the calculation of the variable insurance amount to make sure that the Contract
always meets the guidelines of what constitutes a life insurance contract under
the Internal Revenue Code.
PROCESSING DATES: are the contract date and the first day of each contract
quarter thereafter. Processing dates after the contract date are the days when
ML of New York deducts charges from the investment base.
PROCESSING PERIOD: is the period between consecutive processing dates.
VARIABLE INSURANCE AMOUNT: is computed daily by multiplying the cash surrender
value by the net single premium factor.
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SUMMARY OF THE CONTRACT
PURPOSE OF THE CONTRACT
This variable life insurance contract offers a choice of investments and an
opportunity for the Contract's investment base, net cash surrender value and
death benefit to grow based on investment results.
ML of New York doesn't guarantee that contract values will increase. Depending
on the investment results of selected investment divisions, the investment base,
net cash surrender value and death benefit may increase or decrease on any day.
The contract owner bears the investment risk. ML of New York guarantees to keep
the Contract in force during the guarantee period, subject to the effect of any
debt.
Life insurance is not a short term investment. The contract owner should
evaluate the need for insurance and the Contract's long-term investment
potential and risks before purchasing a Contract.
AVAILABILITY AND PAYMENTS
The Contract is available in New York. A Contract may be issued for an insured
up to age 75 (or up to age 80 for joint insureds). ML of New York will consider
issuing Contracts for insureds above age 75 on an individual basis. A Contract
can be purchased with a single payment. The minimum single payment for a
Contract is the lesser of (a) $5,000 for an insured under age 20 and $10,000 for
an insured age 20 and over, or (b) the payment required to purchase a face
amount of at least $100,000 (but that payment may not be less than $2,000).
Contract owners may elect to pay planned periodic payments instead of a single
payment. If so, the minimum initial planned periodic payment is $2,000 provided
that the initial payment plus the planned payments elected in the application
will total $10,000 or more during the first five contract years.
ML of New York will not accept an initial payment that provides a guarantee
period of less than one year.
Subject to certain conditions, contract owners may make additional payments.
(See "Making Additional Payments" on page 13.)
For joint insureds, see modifications to this section on page 44.
JOINT INSUREDS
The Contract is also available to provide coverage on the lives of two insureds
with a death benefit payable on the death of the last surviving insured. Most of
the discussions in this Prospectus referencing a single insured may also be read
as though the single insured were the two insureds under a joint Contract. Those
discussions which are different for joint insureds are noted accordingly. (See
"Joint Insureds" on page 44.)
CMA-REGISTERED TRADEMARK- INSURANCE SERVICE
Contract owners who subscribe to the Merrill Lynch Cash Management
Account-Registered Trademark- financial service ("CMA account") may elect to
have their Contract linked to their CMA account electronically. Certain
transactions will be reflected in monthly CMA account statements. Payments may
be transferred to and from the Contract through a CMA account.
THE INVESTMENT DIVISIONS
Through the first 14 days following the in force date, the initial payment will
be invested only in the investment division of the Separate Account investing in
the Money Reserve Portfolio. Thereafter, the investment base will be reallocated
to up to five of the 35 investment divisions in the Separate Account. (See
"Changing the Allocation" on page 16.)
Payments are invested in investment divisions of the Separate Account. Ten
investment divisions of the Separate Account invest exclusively in shares of
designated mutual fund portfolios of the Merrill Lynch Series Fund, Inc. (the
"Series Fund"). Six investment divisions of the Separate Account invest
exclusively
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Cash Management Account and CMA are registered trademarks of Merrill Lynch,
Pierce, Fenner & Smith Incorporated.
5
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in shares of designated mutual fund portfolios of the Merrill Lynch Variable
Series Funds, Inc. (the "Variable Series Funds"). Each mutual fund portfolio has
a different investment objective. The other 19 investment divisions invest in
units of designated unit investment trusts in The Merrill Lynch Fund of Stripped
("Zero") U.S. Treasury Securities (the "Zero Trusts"). The contract owner's
payments are not invested directly in the Series Fund, the Variable Series Funds
or the Zero Trusts.
HOW THE DEATH BENEFIT VARIES
The death benefit equals the face amount or variable insurance amount, whichever
is larger. It may increase or decrease on any day depending on the investment
results of the investment divisions chosen by the contract owner. Death benefit
proceeds are reduced by any debt.
HOW THE INVESTMENT BASE VARIES
A Contract's investment base is the amount available for investment at any time.
On the contract date (usually the business day next following receipt of the
initial payment at the Service Center), the investment base is equal to the
initial payment. Afterwards, it varies daily based on investment performance of
the investment divisions chosen. The contract owner bears the risk of poor
investment performance and receives the benefit of favorable investment
performance.
NET CASH SURRENDER VALUE AND CASH SURRENDER VALUE
Contract owners may cancel their Contracts at any time and receive the net cash
surrender value. On a contract anniversary, the net cash surrender value equals
the investment base minus the balance of any deferred contract loading not yet
deducted. The net cash surrender value varies daily based on investment
performance of the investment divisions chosen. ML of New York doesn't guarantee
any minimum net cash surrender value.
For purposes of certain computations under the Contract, ML of New York uses the
cash surrender value. It is calculated by adding the amount of any debt to the
net cash surrender value.
ILLUSTRATIONS
Illustrations in this Prospectus or used in connection with the purchase of the
Contract are based on hypothetical investment rates of return. These rates are
not guaranteed. They are illustrative only and should not be deemed a
representation of past or future performance. Actual rates of return may be more
or less than those reflected in the illustrations and, therefore, actual values
will be different than those illustrated.
REPLACEMENT OF EXISTING COVERAGE
Before purchasing a Contract, the contract owner should ask his or her Merrill
Lynch registered representative if changing, or adding to, current insurance
coverage would be advantageous. Generally, it is not advisable to purchase
another contract as a replacement for existing coverage. In particular,
replacement should be carefully considered if the decision to replace existing
coverage is based solely on a comparison of contract illustrations.
RIGHT TO CANCEL ("FREE LOOK" PERIOD) OR EXCHANGE
Once the contract owner receives the Contract, he or she should review it
carefully to make sure it is what he or she intended to purchase. A Contract may
be returned for a refund within ten days after the contract owner receives it.
If the Contract is returned during the "free look" period, ML of New York will
refund the payment without interest.
A contract owner may also exchange his or her Contract at any time for a
contract with benefits that do not vary with the investment results of a
separate account.
HOW DEATH BENEFIT AND CASH SURRENDER VALUE INCREASES ARE TAXED
Under current federal tax law, life insurance contracts receive tax-favored
treatment. The death benefit is fully excludable from the beneficiary's gross
income for federal income tax purposes, according to Section 101(a)(1) of the
Internal Revenue Code. A contract owner is not taxed on any increase in the cash
surrender value while a life insurance contract remains in force. In most cases,
the Contract will be a
6
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modified endowment contract. If a Contract is a modified endowment contract,
certain distributions made during an insured's lifetime, such as loans and
partial withdrawals from, and collateral assignments of, the Contract are
includable in gross income on an income-first basis. A 10% penalty tax may be
imposed on income distributed before the contract owner attains age 59 1/2.
Contracts that are not modified endowment contracts receive preferential tax
treatment with respect to certain distributions. For a discussion of the tax
issues associated with this Contract, including distributions under the
Contract, see "Tax Considerations" on page 28.
PARTIAL WITHDRAWALS
After a Contract has been in force for one year, the contract owner may withdraw
up to 80% of the net cash surrender value. (See "Partial Withdrawals" on page
19.)
LOANS
A contract owner may borrow against his or her Contract. (See "Loans" on page
20.)
Loans are deducted from the amount payable on surrender of the Contract and are
also subtracted from any death benefit payable. Loan interest accrues daily and,
if it is not repaid each year, it is capitalized and added to the debt. If the
Contract is a modified endowment contract, the amount of capitalized interest
will be treated as a taxable withdrawal. Depending upon investment performance
of the divisions and the amounts borrowed, loans may cause a Contract to lapse.
If the Contract lapses with a loan outstanding, adverse tax consequences may
result. (See "Tax Considerations" on page 28.)
FEES AND CHARGES
INVESTMENT BASE CHARGES. ML of New York invests the entire amount of all
premium payments in the Separate Account. It then deducts certain charges from
the investment base on processing dates. The charges deducted are as follows:
- deferred contract loading equals 9% of each payment. It consists of a
sales load of 5%, a charge for federal taxes of 2% and a state and local
premium tax charge of 2%. For joint insureds the deferred contract loading
equals 11% of each payment and consists of a sales load of 7%, a charge
for federal taxes of 2% and a state and local premium tax charge of 2%.
Deferred contract loading is deducted in equal installments of .90% (1.1%
for joint insureds) of each payment. The deduction is taken on the ten
contract anniversaries following the date ML of New York receives and
accepts the payment. However, ML of New York subtracts the balance of the
deferred contract loading not yet deducted in determining a Contract's net
cash surrender value. Thus, this balance is deducted in determining the
amount payable on surrender of the Contract;
- on processing dates after the contract date, ML of New York makes
deductions for mortality cost (see "Mortality Cost" on page 17); and
- on each contract anniversary, ML of New York makes deductions for the net
loan cost if there has been any debt during the prior year. It equals a
maximum of 2.0% of the debt per year (see "Charges Deducted From the
Investment Base" on page 16).
SEPARATE ACCOUNT CHARGES. There are certain charges deducted daily from the
investment results of the investment divisions in the Separate Account. These
charges are:
- an asset charge designed to cover mortality and expense risks deducted
from all investment divisions, which is equivalent to .90% annually at the
beginning of the year; and
- a trust charge deducted from only those investment divisions investing in
the Zero Trusts, which is currently equivalent to .34% annually at the
beginning of the year and will never exceed .50% annually.
ADVISORY FEES. The portfolios in the Series Fund and the Variable Series Funds
pay monthly advisory fees and other expenses. (See "Charges to Series Fund
Assets" and "Charges to Variable Series Funds Assets on page 34.)
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<PAGE>
THIS SUMMARY IS INTENDED TO PROVIDE ONLY A VERY BRIEF OVERVIEW OF THE MORE
SIGNIFICANT ASPECTS OF THE CONTRACT. FURTHER DETAIL IS PROVIDED IN THIS
PROSPECTUS AND IN THE CONTRACT. THE CONTRACT TOGETHER WITH ITS ATTACHED
APPLICATIONS, MEDICAL EXAM(S), AMENDMENTS, RIDERS, AND ENDORSEMENTS CONSTITUTES
THE ENTIRE AGREEMENT BETWEEN THE CONTRACT OWNER AND ML OF NEW YORK AND SHOULD BE
RETAINED.
FOR THE DEFINITION OF CERTAIN TERMS USED IN THIS PROSPECTUS, SEE "IMPORTANT
TERMS" ON PAGE 4.
FACTS ABOUT THE SEPARATE ACCOUNT, THE SERIES FUND,
THE VARIABLE SERIES FUNDS, THE ZERO TRUSTS, AND ML OF NEW YORK
THE SEPARATE ACCOUNT
The Separate Account is a separate investment account established by ML of New
York on December 4, 1991. It is registered with the Securities and Exchange
Commission as a unit investment trust pursuant to the Investment Company Act of
1940. This registration does not involve any supervision by the Securities and
Exchange Commission over the investment policies or practices of the Separate
Account. It meets the definition of a separate account under the federal
securities laws. The Separate Account is used to support the Contract as well as
to support other variable life insurance contracts issued by ML of New York.
ML of New York owns all of the assets in the Separate Account. The assets of the
Separate Account are kept separate from ML of New York's general account and any
other separate accounts it may have and, to the extent of its reserves and
liabilities, may not be charged with liabilities arising out of any other
business ML of New York conducts.
Obligations to contract owners and beneficiaries that arise under the Contract
are obligations of ML of New York. Income, gains, and losses, whether or not
realized, from assets allocated are, in accordance with the Contracts, credited
to or charged against the Separate Account without regard to other income, gains
or losses of ML of New York. As required, the assets in the Separate Account
will always be at least equal to the reserves and other liabilities of the
Separate Account. If the assets exceed the required reserves and other Contract
liabilities, (which will always be at least equal to the aggregate contract
value allocated to the Separate Account under the Contracts), ML of New York may
transfer the excess to its general account.
There are currently 35 investment divisions in the Separate Account. Ten invest
in shares of a specific portfolio of the Series Fund. Six invest in shares of a
specific portfolio of the Variable Series Funds. Nineteen invest in units of a
specific Zero Trust. Complete information about the Series Fund, the Variable
Series Funds and the Zero Trusts, including the risks associated with each
portfolio (including any risks associated with investment in the High Yield
Portfolio of the Series Fund) can be found in the accompanying prospectuses.
They should be read in conjunction with this Prospectus.
THE SERIES FUND
The Merrill Lynch Series Fund, Inc. is registered with the Securities and
Exchange Commission as an open-end management investment company. All of its ten
mutual fund portfolios are currently available through the Separate Account. The
investment objectives of the Series Fund portfolios are described below. There
is no guarantee that any portfolio will meet its investment objective.
MONEY RESERVE PORTFOLIO seeks to preserve capital, maintain liquidity and
achieve the highest possible current income consistent with those objectives by
investing in short-term money market securities.
INTERMEDIATE GOVERNMENT BOND PORTFOLIO seeks the highest possible current income
consistent with the protection of capital by investing in debt securities issued
or guaranteed by the U.S. Government or its agencies with a maximum maturity of
15 years.
LONG-TERM CORPORATE BOND PORTFOLIO primarily seeks as high a level of current
income as is believed to be consistent with prudent investment risk and
secondarily to preserve shareholders' capital. It invests primarily in corporate
bonds which have been rated within the three highest grades of a major rating
agency.
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HIGH YIELD PORTFOLIO seeks as high a level of current income as is believed to
be consistent with prudent management, and secondarily capital appreciation, by
investing principally in fixed income securities rated in the lower categories
of the established rating services or in unrated securities of comparable
quality (commonly known as "junk bonds").
CAPITAL STOCK PORTFOLIO seeks long-term growth of capital and income, plus
moderate current income. It principally invests in common stocks considered to
be of good or improving quality or considered to be undervalued based on
criteria such as historical price/book value and price/earnings ratios.
GROWTH STOCK PORTFOLIO seeks long-term growth of capital by investing in a
diversified portfolio of securities, primarily common stocks of aggressive
growth companies considered to have special investment value.
MULTIPLE STRATEGY PORTFOLIO seeks a high total investment return consistent with
prudent risk through a fully managed investment policy utilizing equity
securities, investment grade intermediate and long-term debt securities and
money market securities.
NATURAL RESOURCES PORTFOLIO seeks long-term growth of capital and protection of
the purchasing power of shareholders' capital by investing primarily in equity
securities of domestic and foreign companies with substantial natural resource
assets.
GLOBAL STRATEGY PORTFOLIO seeks high total investment return by investing
primarily in a portfolio of equity and fixed-income securities, including
convertible securities, of U.S. and foreign issuers.
BALANCED PORTFOLIO seeks a level of current income and a degree of stability of
principal not normally available from an investment solely in equity securities
and the opportunity for capital appreciation greater than that normally
available from an investment solely in debt securities by investing in a
balanced portfolio of fixed-income and equity securities.
The investment adviser for the Series Fund is Merrill Lynch Asset Management
L.P. ("MLAM"), a subsidiary of Merrill Lynch & Co., Inc. and a registered
adviser under the Investment Advisers Act of 1940. The Series Fund, as part of
its operating expenses, pays an investment advisory fee to MLAM. (See "Charges
to Series Fund Assets" on page 33.)
THE VARIABLE SERIES FUNDS
The Merrill Lynch Variable Series Funds, Inc. is registered with the Securities
and Exchange Commission as an open-end management investment company. Six of its
18 mutual fund portfolios are currently available through the Separate Account.
The investment objectives of the six available Variable Series Funds portfolios
are described below. There is no guarantee that any portfolio will meet its
investment objective.
BASIC VALUE FOCUS FUND seeks capital appreciation, and secondarily, income by
investing in securities, primarily equities, that management of the Fund
believes are undervalued and therefore represent basic investment value.
Particular emphasis is placed on securities which provide an above-average
dividend return and sell at a below-average price/earnings ratio.
WORLD INCOME FOCUS FUND seeks to achieve high current income by investing in a
global portfolio of fixed-income securities denominated in various currencies,
including multinational currency units. The Fund may invest in United States and
foreign government and corporate fixed-income securities, including high yield,
high risk, lower rated and unrated securities. The Fund will allocate its
investments among different types of fixed-income securities denominated in
various currencies.
GLOBAL UTILITY FOCUS FUND seeks to obtain capital appreciation and current
income through investment of at least 65% of its total assets in equity and debt
securities issued by domestic and foreign companies which are, in the opinion of
management of the Fund, primarily engaged in the ownership or operation of
facilities used to generate, transmit or distribute electricity,
telecommunications, gas or water.
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<PAGE>
INTERNATIONAL EQUITY FOCUS FUND seeks to obtain capital appreciation through
investment in securities, principally equities, of issuers in countries other
than the United States. Under normal conditions, at least 65% of the Fund's net
assets will be invested in such equity securities.
INTERNATIONAL BOND FUND seeks to achieve a high total investment return by
investing in a non-U.S. international portfolio of debt instruments denominated
in various currencies and multi-national units.
DEVELOPING CAPITAL MARKETS FOCUS FUND seeks to achieve long-term capital
appreciation by investing in securities, principally equities, of issuers in
countries having smaller capital markets. For purposes of its investment
objective, the Fund considers countries having smaller capital markets to be all
countries other than the four countries having the largest equity market
capitalizations. Currently, these four countries are Japan, the United Kingdom,
the United States, and Germany.
MLAM is the investment adviser for the Variable Series Funds. The Variable
Series Funds, as part of its operating expenses, pays an investment advisory fee
to MLAM. (See "Charges to Variable Series Funds Assets" on page 34.)
EQUITY GROWTH FUND -- EXEMPTIVE RELIEF
An application for exemptive relief has been filed with the Securities and
Exchange Commission on behalf of the Variable Series Funds, the Separate Account
and other affiliated parties. This relief is required under the current rules of
the Securities and Exchange Commission in order for the Equity Growth Fund of
the Variable Series Funds to be made available through the Separate Account.
(See "Resolving Material Conflicts" on page 33). Contract owners will be
notified when the necessary relief is obtained and the Equity Growth Fund is
available.
EQUITY GROWTH FUND seeks to attain long-term growth of capital by investing
primarily in common stocks of relatively small companies that management of the
Fund believes have special investment value and emerging growth companies
regardless of size. Such companies are selected by management on the basis of
their long-term potential for expanding their size and profitability or for
gaining increased market recognition for their securities. Current income is not
a factor in such selection. MLAM receives from the Fund an advisory fee at the
annual rate of 0.75% of the average daily net assets of the Fund. This is a
higher fee than that of many other mutual funds, but management of the Fund
believes it is justified by the high degree of care that must be given to the
initial selection and continuous supervision of the types of portfolio
securities in which the Fund invests.
CERTAIN RISKS OF THE SERIES FUND AND VARIABLE SERIES FUNDS
Investment in lower-rated debt securities, such as those in which the High Yield
Portfolio of the Series Fund and the High Current Income Fund of the Variable
Series Funds invest, entails relatively greater risk of loss of income or
principal. In an effort to minimize risk, the Funds will diversify holdings
among many issuers. However, there can be no assurance that diversification will
protect the Funds from widespread defaults during periods of sustained economic
downturn.
In seeking to protect the purchasing power of capital, the Natural Resources
Portfolio of the Series Fund reserves the right, when management anticipates
significant economic, political, or financial instability, such as high
inflationary pressures or upheaval in foreign currency exchange markets, to
invest a majority of its assets in companies that explore for, extract, process
or deal in gold or in asset-based securities indexed to the value of gold
bullion. The Natural Resources Portfolio will not concentrate its investments in
such securities until it has been advised that no adverse tax consequences will
result.
The World Income Focus Fund of the Variable Series Funds has no established
rating criteria for the securities in which it may invest. In an effort to
minimize risk, the Fund will diversify its holdings among many issuers. However,
there can be no assurance that diversification will protect the Fund from
widespread defaults during periods of sustained economic downturn.
The Developing Capital Markets Focus Fund of the Variable Series Funds has
established no rating criteria for the debt securities in which it may invest,
and will rely on the investment adviser's judgment in
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<PAGE>
evaluating the creditworthiness of an issuer of such securities. In an effort to
minimize the risk, the Fund will diversify its holdings among many issuers.
However, there can be no assurance that diversification will protect the Fund
from widespread defaults during periods of sustained economic downturn.
Because investment in these Portfolios and Funds entails relatively greater risk
of loss of income or principal, it may not be appropriate to allocate all
payments and investment base to an investment division that invests in one of
these Portfolios or Funds.
THE ZERO TRUSTS
The Merrill Lynch Fund of Stripped ("Zero") U.S. Treasury Securities was formed
to provide safety of capital and a high yield to maturity. It seeks this through
U.S. Government-backed investments which make no periodic interest payments and,
therefore, are purchased at a deep discount. When held to maturity the
investments should receive approximately a fixed yield. The value of Zero Trust
units before maturity varies more than it would if the Zero Trusts contained
interest-bearing U.S. Treasury securities of comparable maturities.
The Zero Trust portfolios consist mainly of:
- bearer debt obligations issued by the U.S. Government stripped of their
unmatured interest coupons;
- coupons stripped from U.S. debt obligations; and
- receipts and certificates for such stripped debt obligations and coupons.
The Zero Trusts currently available have maturity dates in years 1995 through
2011, 2013 and 2014.
Merrill Lynch, Pierce, Fenner & Smith Incorporated ("MLPF&S"), a subsidiary of
Merrill Lynch & Co., Inc., is the sponsor for the Zero Trusts. The sponsor will
sell units of the Zero Trusts to the Separate Account and has agreed to
repurchase units when ML of New York needs to sell them to pay benefits and make
reallocations. ML of New York pays the sponsor a fee for these transactions and
is reimbursed through the trust charge assessed to the divisions investing in
the Zero Trusts. (See "Charges to Divisions Investing in the Zero Trusts" on
page 18.)
ML OF NEW YORK AND MLPF&S
ML of New York is a stock life insurance company organized under the laws of the
State of New York in 1973. It is an indirect wholly owned subsidiary of Merrill
Lynch & Co., Inc. ML of New York is authorized to sell life insurance and
annuities in 9 states. It is also authorized to sell variable life insurance and
variable annuities in certain of those jurisdictions.
MLPF&S is a wholly owned subsidiary of Merrill Lynch & Co., Inc. and provides a
broad range of securities brokerage and investment banking services in the
United States. It provides marketing services for ML of New York and is the
principal underwriter of the Contracts issued through the Separate Account. ML
of New York retains MLPF&S to provide services relating to the Contracts under a
distribution agreement. (See "Selling the Contracts" on page 27.)
FACTS ABOUT THE CONTRACT
WHO MAY BE COVERED
The Contract is available in New York. A Contract may be issued for an insured
up to issue age 75. ML of New York will consider issuing Contracts for insureds
above age 75 on an individual basis. The insured's issue age is his or her age
as of the birthday nearest the contract date. The insured must also meet ML of
New York's medical and other underwriting requirements.
ML of New York uses two methods of underwriting:
- simplified underwriting, with no physical exam; and
- para-medical or medical underwriting with a physical exam.
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The initial payment plus any planned periodic payments elected and the age and
sex of the insured determine whether ML of New York will do underwriting on a
simplified or medical basis. The maximum initial payment plus any planned
payments that will be underwritten on a simplified basis is set out in the chart
below:
<TABLE>
<CAPTION>
AGE MAXIMUM
------------------------------------------ --------
<S> <C>
0-29..................................... $ 25,000
30-39..................................... 40,000
40-49..................................... 50,000
50-59..................................... 100,000
60-75..................................... 120,000
</TABLE>
However, if the face amount is above the minimum face amount required for an
initial payment (see "Selecting the Initial Face Amount" on page 12), ML of New
York will also take the net amount at risk into account in determining the
method of underwriting.
ML of New York assigns insureds to underwriting classes which determine the
current cost of insurance rates used in calculating mortality cost deductions.
In assigning insureds to underwriting classes, ML of New York distinguishes
between those insureds underwritten on a simplified basis and those on a para-
medical or medical basis. Under both the simplified and medical underwriting
methods, Contracts may be issued on insureds either in the standard or
non-smoker underwriting class. Contracts may also be issued on insureds in a
substandard underwriting class. For a discussion of the effect of underwriting
classification on mortality cost deductions, see "Mortality Cost" on page 17.
For joint insureds, see modifications to this section on page 44.
INITIAL PAYMENT
To purchase a Contract, the contract owner must complete an application and make
a payment. The payment is required to put the Contract into effect. This
Prospectus is for a Contract which is a modified endowment contract at the time
of issue. The minimum single payment for a Contract is the lesser of (a) $5,000
for an insured under age 20 and $10,000 for an insured age 20 and over, or (b)
the payment required to purchase a face amount of at least $100,000 (but that
payment may not be less than $2,000). Contract owners may make additional
payments which may, but need not be, under a periodic plan. (See "Making
Additional Payments" on page 13.)
ML of New York will not accept an initial payment for a specified face amount
that will provide a guarantee period of less than one year.
Insurance coverage generally begins on the contract date, which is usually the
next business day following receipt of the initial payment at ML of New York's
Service Center. Temporary life insurance coverage may be provided under the
terms of a temporary insurance agreement. In accordance with ML of New York's
underwriting rules, temporary life insurance coverage may not exceed $250,000
and may not be in effect for more than 60 days. As provided for under state
insurance law, the contract owner, to preserve insurance age, may be permitted
to backdate the Contract. In no case may the contract date be more than six
months prior to the date the application was completed. Charges for cost of
insurance for the backdated period are deducted on the first processing date
after the contract date.
For joint insureds, see modifications to this section on page 44.
SELECTING THE INITIAL FACE AMOUNT. Contract owners purchase a face amount of
insurance with the initial payment. The face amount is based on the initial
payment less the deferred contract loading. For a given initial payment contract
owners may choose their initial face amount, within limits. The minimum face
amount is the amount which will provide a guarantee period for the whole of
life. If the face amount chosen is in excess of the minimum, the guarantee
period will be shorter.
INITIAL GUARANTEE PERIOD. The initial guarantee period for a Contract will be
determined by the initial payment and face amount. The guarantee period is the
period of time ML of New York guarantees that the
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Contract will remain in force regardless of investment experience unless the
debt exceeds certain values. The guarantee period is based on the guaranteed
maximum cost of insurance rates in the Contract, the deferred contract loading
and a 4% interest assumption. This means that for a given initial payment and
face amount different insureds will have different guarantee periods depending
on their age, sex and underwriting class. For example, an older insured will
have a shorter guarantee period than a younger insured of the same sex and in
the same underwriting class.
MAKING ADDITIONAL PAYMENTS
After the end of the "free look" period, contract owners may make additional
payments. Payments may be made under a periodic plan. Payments may also be made
which are not under a periodic plan.
PAYMENTS WHICH ARE NOT UNDER A PERIODIC PLAN. Contract owners may make
additional payments which are not under a periodic payment plan provided the
attained age of the insured is not over 80. Additional payments may be made at
any time up to four times each contract year. The minimum ML of New York will
accept for these payments is $200. They may be made whether or not the contract
owner is making planned payments.
ML of New York may require satisfactory evidence of insurability before a
payment is accepted if the payment immediately increases the net amount at risk
under the Contract, if the contract owner is otherwise making planned payments
or if the guarantee period at the time of the payment is one year or less.
Currently, ML of New York will not accept an additional payment which is not
under a periodic plan where the evidence of insurability would put the insured
in a different underwriting class with different guaranteed or higher current
cost of insurance rates.
If an additional payment requires evidence of insurability, ML of New York will
invest that payment in the division investing in the Money Reserve Portfolio.
The additional payment will be invested in this division on the business day
next following receipt at the Service Center. Once the underwriting is completed
and the payment is accepted, the payment invested in the Money Reserve Portfolio
will automatically be allocated either according to instructions or, if no
instructions have been received, proportionately to the investment base in the
Contract's investment divisions.
PAYMENTS UNDER A PERIODIC PLAN. Contract owners may elect to make planned
periodic payments subject to the rules discussed below. They elect the amount,
duration and frequency of the payments but the minimum planned payment
(including the initial payment) is $2,000 per contract year and the amounts
elected must be level. In any one year the maximum amount of the planned
payments elected cannot exceed the initial payment. Currently, the duration of a
plan cannot exceed five years.
Under a periodic payment plan, as long as the initial payment plus the planned
payments elected will total $10,000 or more during the first five contract
years, the minimum initial payment is $2,000.
Contract owners may elect a periodic plan in the application. The amount and
duration of the payments elected, as well as other factors (such as the face
amount specified and the insured's age and sex), will affect whether ML of New
York will do underwriting on a simplified or medical basis. Once the elected
plan is approved, the planned payments may be made at any time without any
additional evidence of insurability unless it increases the face amount.
Contract owners may elect a periodic plan at a date later than in the
application. The amount and duration of the payments elected, as well as other
factors (such as the current death benefit and the insured's age and sex), will
affect whether ML of New York will require additional evidence of insurability.
Currently, ML of New York will not allow the later election of a plan where
additional evidence of insurability would put the insured in a different
underwriting class with different guaranteed or higher current cost of insurance
rates.
Contract owners may elect to make planned payments annually, semiannually or
quarterly. Payments may also be made on a monthly basis if the contract owner
authorizes ML of New York to deduct the payment from his or her checking account
(pre-authorized checking) or to withdraw the payment from his or her
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<PAGE>
CMA account. ML of New York reserves the right to change or discontinue payment
deduction procedures. If a contract owner has the CMA Insurance Service, planned
payments under any of the above frequencies may be withdrawn automatically from
his or her CMA account and transferred to his or her Contract. The withdrawals
will continue under the plan specified until ML of New York is notified
otherwise. For planned payments not being made under pre-authorized checking or
withdrawn from a CMA account, ML of New York will send the contract owner
reminder notices.
ML of New York may require satisfactory evidence of insurability before the
contract owner will be permitted to make any payments under a periodic payment
plan if the payment increases the face amount of the Contract.
Contract owners may change the frequency, duration and the amount of planned
payments by sending a written request to the Service Center. They may request
one change in the amount, one change in the duration and one change in the
frequency of payments each contract year. Satisfactory evidence of insurability
may be required before the duration or the amount of planned payments can be
increased. The evidence requirements will be based on the amount of the increase
in payment and the duration, as well as other factors such as the current death
benefit and the insured's age and sex.
EFFECT OF ADDITIONAL PAYMENTS. Currently, any additional payment not requiring
evidence of insurability will be accepted the day it is received. On the date ML
of New York receives and accepts an additional payment, whether under a periodic
plan or not, ML of New York will:
- increase the Contract's investment base by the amount of the payment;
- increase the deferred contract loading (see "Deferred Contract Loading" on
page 16);
- reflect the payment in the calculation of the variable insurance amount
(see "Variable Insurance Amount" on page 21); and
- increase the fixed base by the amount of the payment less the deferred
contract loading applicable to the payment (see "The Contract's Fixed
Base" on page 19).
If an additional payment requires evidence of insurability, once underwriting is
completed and the payment is accepted, acceptance will be effective, and the
additional payment will be reflected in contract values as described above, as
of the next business day after the payment is received at the Service Center.
As of the processing date on or next following receipt and acceptance of an
additional payment, ML of New York will increase either the guarantee period or
face amount or both. If the guarantee period prior to receipt and acceptance of
an additional payment is less than for life, payments will first be used to
extend the guarantee period. Any amount in excess of that required to extend the
guarantee period to the whole of life or any subsequent additional payment will
be used to increase the Contract's face amount.
ML of New York will determine the increase in face amount by taking any excess
amount or the additional payment, deducting the applicable deferred contract
loading, bringing the result up at an annual rate of 4% interest from the date
the additional payment is received and accepted to the next processing date, and
then multiplying by the applicable net single premium factor. If the additional
payment is received and accepted on a processing date, the payment minus the
deferred contract loading is multiplied by the applicable net single premium
factor. For a further discussion of the effect of additional payments on a
Contract's face amount, see "Additional Payments" in the Examples on page 42.
Unless specified otherwise, if there is any debt, any payment made, other than
planned payments, will be used first as a loan repayment with any excess applied
as an additional payment. (See "Loans" on page 20.)
For joint insureds, see the modifications to this section on page 45.
CHANGING THE FACE AMOUNT
After the first contract year, if the insured is in a standard or non-smoker
underwriting class, a contract owner may request a change in the face amount of
his or her Contract without making an additional
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<PAGE>
payment, subject to the rules and conditions discussed below. A change in face
amount is not permitted if the attained age of the insured is over 80. The
minimum change in face amount is $10,000 and only one change may be made each
contract year. A change in face amount may affect the mortality cost deduction.
(See "Mortality Cost" on page 17.)
The effective date of the change will be the next processing date following the
receipt and acceptance of a written request, provided it is received at the
Service Center at least seven days before the processing date.
INCREASING THE FACE AMOUNT. To increase the face amount of a Contract, ML of
New York may require satisfactory evidence of insurability. When the face amount
is increased, the guarantee period is decreased. The maximum increase in face
amount is the amount which will provide the minimum guarantee period for which
ML of New York would issue a Contract at the time of the request based on the
insured's attained age. Currently, ML of New York will not permit an increase in
face amount where evidence of insurability, if required, would put the insured
in a different underwriting class with different guaranteed or higher current
cost of insurance rates.
DECREASING THE FACE AMOUNT. When the face amount of a Contract is decreased,
the guarantee period is increased. The maximum decrease in face amount is that
decrease which would provide the minimum face amount for which ML of New York
would issue a Contract at the time of the request based on the insured's
attained age, sex and underwriting class. ML of New York won't permit a decrease
in face amount below the amount required to keep the Contract qualified as life
insurance under federal income tax laws.
DETERMINING THE NEW GUARANTEE PERIOD. As of the effective date of any change in
face amount, ML of New York takes the fixed base on that date and, based on the
attained age and sex of the insured and the new face amount of the Contract, it
redetermines the guarantee period. A 4% interest assumption and the guaranteed
maximum cost of insurance rates is used in these calculations. For a discussion
of the effect of changes in the face amount on a Contract's guarantee period,
see "Changing the Face Amount" in the Examples on page 42.
For joint insureds, see the modifications to this section on page 44.
INVESTMENT BASE
A Contract's investment base is the amount available for investment at any time.
It is the sum of the amounts invested in each of the investment divisions. On
the contract date, the investment base equals the initial payment. ML of New
York adjusts the investment base daily to reflect the investment performance of
the investment divisions the contract owner has selected. (See "Net Rate of
Return for an Investment Division" on page 32.) The investment performance
reflects the deduction of Separate Account charges. (See "Charges to the
Separate Account" on page 18.)
Deductions for deferred contract loading, mortality cost, and net loan cost, and
partial withdrawals and loans decrease the investment base. (See "Charges
Deducted from the Investment Base" on page 16 "Partial Withdrawals" on page 19
and "Loans" on page 20.) Loan repayments and additional payments increase it.
Contract owners may elect from which investment divisions loans and partial
withdrawals are taken and to which investment divisions repayments and
additional payments are added. If an election is not made, ML of New York will
allocate increases and decreases proportionately to the contract owner's
investment base in the investment divisions selected. (For special rules on
allocation of additional payments which require evidence of insurability, see
"Payments Which are Not Under a Periodic Plan" on page 13.)
INITIAL INVESTMENT ALLOCATION AND PREALLOCATION. The initial payment will be
invested only in the investment division of the Separate Account investing in
the Money Reserve Portfolio. Through the first 14 days following the in force
date, the initial payment will remain in that investment division. Thereafter,
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<PAGE>
the investment base will be reallocated to the investment divisions selected by
the contract owner on the application, if different. The contract owner may
invest in up to five of the 35 investment divisions of the Separate Account.
CHANGING THE ALLOCATION. After the "free look" period, a contract owner's
investment base may be invested in up to five investment divisions at any one
time. Currently, investment allocations may be changed as often as desired.
However, ML of New York may limit the number of changes permitted but not to
less than five each contract year. Contract owners will be notified if
limitations are imposed.
In order to change their investment base allocation, contract owners must call
or write to the Service Center. (See "Some Administrative Procedures" on page
25.) If the "free look" period has expired, ML of New York will make the change
as soon as the request is received. Contract owners may give allocation requests
during the "free look" period and the allocation will be made immediately
following the end of the "free look" period.
ZERO TRUST ALLOCATIONS. ML of New York will notify contract owners 30 days
before a Zero Trust in which they have invested matures. Contract owners must
tell ML of New York in writing at least seven days before the maturity date how
to reinvest their funds in the investment division investing in that Zero Trust.
If ML of New York is not notified, it will move the contract owner's investment
base in that division to the investment division investing in the Money Reserve
Portfolio.
Units of a specific Zero Trust may no longer be available when a request for
allocation is received. Should this occur, ML of New York will attempt to notify
the contract owner immediately so that the request can be changed.
ALLOCATION TO THE DIVISION INVESTING IN THE NATURAL RESOURCES PORTFOLIO. ML of
New York and the Separate Account reserve the right to suspend the sale of units
of the investment division investing in the Natural Resources Portfolio in
response to conditions in the securities markets or otherwise.
CHARGES DEDUCTED FROM THE INVESTMENT BASE
The charges described below are deducted pro-rata from the investment base on
processing dates. ML of New York also deducts certain asset and trust charges
daily from the investment results of each investment division in the Separate
Account in determining its net rate of return. Currently the asset and trust
charges are equivalent to .90% and .34% annually at the beginning of the year.
(See "Charges to the Separate Account" on page 18.) The portfolios in the Series
Fund and Variable Series Funds also pay monthly advisory fees and other
expenses. (See "Charges to Series Fund Assets" on page 33 and "Charges to
Variable Series Funds Assets" on page 34.)
DEFERRED CONTRACT LOADING. 100% of all premium payments are invested in the
Separate Account. Chargeable to each payment is an amount called the deferred
contract loading. The deferred contract loading equals 9% of each payment. This
charge consists of a sales load, a charge for federal taxes and a state and
local premium tax charge.
The sales load, equal to 5% of each payment, compensates ML of New York for
sales expenses. The sales load may be reduced if cumulative payments are
sufficiently high to reach certain breakpoints (2% of payments in excess of $1.5
million and 0% of payments in excess of $4 million) and in certain group or
sponsored arrangements as described on page 26. ML of New York anticipates that
the sales load charge may be insufficient to cover distribution expenses. Any
shortfall will be made up from ML of New York's general account which may
include amounts derived from mortality gains and asset charges.
The charge for federal taxes equal to 2% of each payment, compensates ML of New
York for a significantly higher corporate income tax liability resulting from
changes made to the Internal Revenue Code by the Omnibus Reconciliation Act of
1990. (See "ML of New York's Income Taxes" on page 31.) This charge is treated
as a sales load for purposes of determining compliance with the limitations on
sales loads imposed by the Investment Company Act of 1940 and applicable
regulations thereunder.
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<PAGE>
The state and local premium tax charge, equal to 2% of each payment, compensates
ML of New York for state and local premium taxes ML of New York must pay when a
payment is accepted.
Although chargeable to each payment, ML of New York advances the amount of the
deferred contract loading to the investment divisions as part of a contract
owner's investment base. It then takes back these funds in equal installments on
the ten contract anniversaries following the date a payment is received and
accepted. This means that an amount equal to .90% of each payment is deducted
from the investment base on each of the ten contract anniversaries following the
payment. However, in determining a Contract's net cash surrender value, ML of
New York subtracts from the investment base the balance of the deferred contract
loading which is chargeable to any payment made but which has not yet been
deducted. Thus, this balance is deducted in determining the amount payable on
surrender of the Contract.
During the period that the deferred contract loading is included in the
investment base, a positive net rate of return will give greater increases in
net cash surrender value and a negative net rate of return will give greater
decreases in net cash surrender value than if the loading had not been included
in the investment base.
For joint insureds, see the modifications to this subsection on page 45.
MORTALITY COST. ML of New York deducts a mortality cost from the investment
base on each processing date after the contract date. This charge compensates ML
of New York for the cost of providing life insurance coverage for the insured.
It is based on the underwriting class assigned to the insured, the insured's sex
and attained age and the Contract's net amount at risk.
To determine the mortality cost, ML of New York multiplies the current cost of
insurance rate by the Contract's net amount at risk (adjusted for interest at an
annual rate of 4%). The net amount at risk is the difference, as of the previous
processing date, between the death benefit and the cash surrender value.
Current cost of insurance rates may be equal to or less than the guaranteed cost
of insurance rates depending on the insured's underwriting class, sex and
attained age. For all insureds, current cost of insurance rates distinguish
between insureds in the simplified underwriting class and medical underwriting
class. For insureds age 20 and over, current cost of insurance rates also
distinguish between insureds in a smoker (standard) underwriting class and
insureds in a non-smoker underwriting class. For Contracts issued on insureds
under the same underwriting method, current cost of insurance rates are lower
for an insured in a non-smoker underwriting class than for an insured of the
same age and sex in a smoker (standard) underwriting class. Also, current cost
of insurance rates are lower for an insured in a medical underwriting class than
for a similarly situated insured in a simplified underwriting class. The
simplified current cost of insurance rates are higher because less underwriting
is performed and therefore more risk is incurred.
ML of New York guarantees that the current cost of insurance rates will never
exceed the maximum guaranteed rates shown in the Contract. The maximum
guaranteed rates for Contracts (other than those issued on a substandard basis)
do not exceed the rates based on the 1980 Commissioners Standard Ordinary
Mortality Table (CSO Table). ML of New York may use rates that are equal to or
less than these rates, but never greater. The maximum rates for Contracts issued
on a substandard basis are based on a multiple of the 1980 CSO Table. Any change
in the cost of insurance rates will apply to all insureds of the same age, sex,
and underwriting class whose Contracts have been in force for the same length of
time.
During the period between processing dates, the net cash surrender value takes
the mortality cost into account on a pro-rated basis. Thus, a pro-rata portion
of the mortality cost is deducted in determining the amount payable on surrender
of the Contract if the date of surrender is not a processing date.
For joint insureds, see the modifications to this subsection on page 45.
MAXIMUM MORTALITY COST. During the guarantee period, ML of New York limits the
deduction for mortality cost if investment results are unfavorable. This is done
by substituting the fixed base for the cash surrender value in determining the
net amount at risk and by multiplying by the guaranteed cost of
17
<PAGE>
insurance rate. ML of New York will deduct this alternate amount from the
investment base when it is less than the mortality cost that would have
otherwise been deducted. In effect, during the guarantee period, a contract
owner will not be charged for mortality costs that are greater than those for a
comparable fixed contract, based on 4% interest and the same guaranteed cost of
insurance rates. (See "The Contract's Fixed Base" on page 19.)
NET LOAN COST. The net loan cost is explained under "Loans" on page 20.
CHARGES TO THE SEPARATE ACCOUNT
Each day ML of New York deducts an asset charge from each division of the
Separate Account. The total amount of this charge is computed at .90% annually
at the beginning of the year. Of this amount, .75% is for
- the risk assumed by ML of New York that insureds as a group will live for
a shorter time than actuarial tables predict. As a result, ML of New York
would be paying more in death benefits than planned; and
- the risk assumed by ML of New York that it will cost more to issue and
administer the Contracts than expected.
The remaining amount, .15%, is for
- the risks assumed by ML of New York with respect to potentially
unfavorable investment results. One risk is that the Contract's cash
surrender value cannot cover the charges due during the guarantee period.
The other risk is that ML of New York may have to limit the deduction for
mortality cost (see "Maximum Mortality Cost" on page 17).
The total charge may not be increased. ML of New York will realize a gain from
this charge to the extent it is not needed to provide for benefits and expenses
under the Contracts.
CHARGES TO DIVISIONS INVESTING IN THE ZERO TRUSTS. ML of New York assesses a
daily trust charge against the assets of each division investing in the Zero
Trusts. This charge reimburses ML of New York for the transaction charge paid to
MLPF&S when units are sold to the Separate Account.
The trust charge is currently equivalent to .34% annually at the beginning of
the year. It may be increased, but will not exceed .50% annually at the
beginning of the year. The charge is based on cost (taking into account loss of
interest) with no expected profit.
TAX CHARGES. ML of New York has the right under the Contract to impose a charge
against Separate Account assets for its taxes, if any. Such a charge is not
currently imposed, but it may be in the future. However, see page 16 for a
discussion of tax charges included in deferred contract loading.
GUARANTEE PERIOD
ML of New York guarantees that the Contract will stay in force for the insured's
life, or for a shorter guarantee period depending on the face amount selected
and payments made to date. The guarantee period will be affected by a requested
change in the face amount and may also be affected by additional payments. A
partial withdrawal may affect the guarantee period in certain circumstances. ML
of New York won't cancel the Contract during the guarantee period unless the
debt exceeds certain contract values. (See "Interest" on page 21.) A reserve is
held in ML of New York's general account to support this guarantee.
WHEN THE GUARANTEE PERIOD IS LESS THAN FOR LIFE. After the end of the guarantee
period, ML of New York will cancel the Contract if the cash surrender value on a
processing date is negative. This negative cash surrender value will be
considered an overdue charge. (See "Charges Deducted from the Investment Base"
on page 16.)
ML of New York will notify the contract owner before cancelling the Contract. He
or she will then have 61 days to pay the charges due on the processing date when
the cash surrender value became negative. ML of New York will cancel the
Contract at the end of this grace period if the payment has not yet been
received.
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If ML of New York cancels a Contract, it may be reinstated while the insured is
still living if:
- the reinstatement is requested within three years after the end of the
grace period;
- ML of New York receives satisfactory evidence of insurability; and
- the reinstatement payment is paid. The reinstatement payment is the
minimum payment for which ML of New York would then issue a Contract for
the minimum guarantee period with the same face amount as the original
Contract, based on the insured's attained age and underwriting class as of
the effective date of the reinstated Contract.
A reinstated Contract will be effective on the processing date on or next
following the date the reinstatement application is approved.
For joint insureds, see the modifications to this subsection on page 45.
THE CONTRACT'S FIXED BASE. On the contract date, the fixed base equals the cash
surrender value. From then on, the fixed base is calculated like the cash
surrender value except that the calculation substitutes 4% for the net rate of
return, the guaranteed maximum cost of insurance rates are substituted for the
current rates and it is calculated as though there had been no loans or
repayments. The fixed base is equivalent to the cash surrender value for a
comparable fixed benefit contract with the same face amount and guarantee
period. After the guarantee period, the fixed base is zero. The fixed base is
used to limit the mortality cost deduction and ML of New York's right to cancel
the Contract during the guarantee period.
NET CASH SURRENDER VALUE
A Contract's net cash surrender value fluctuates daily with the investment
results of the investment divisions selected. ML of New York doesn't guarantee
any minimum net cash surrender value. On a processing date which is also a
contract anniversary, the net cash surrender value equals:
- the Contract's investment base on that date;
- minus the balance of the deferred contract loading which has not yet been
deducted from the investment base (see "Deferred Contract Loading" on page
16).
If the date of calculation is not a processing date, the net cash surrender
value is calculated in a similar manner but ML of New York also subtracts a
pro-rata portion of the mortality cost which would otherwise be deducted on the
next processing date. And, if there is any existing debt, ML of New York will
also subtract a pro-rata net loan cost on dates other than the contract
anniversary.
CANCELLING TO RECEIVE NET CASH SURRENDER VALUE. A contract owner may cancel the
Contract at any time while the insured is living. The request must be in writing
in a form satisfactory to ML of New York. All rights to death benefits will end
on the date the written request is sent to ML of New York.
That contract owner will then receive the net cash surrender value. The contract
owner may elect to receive this amount either in a single payment or under one
or more income plans described on page 26. The net cash surrender value will be
determined upon receipt of the written request at the Service Center.
For joint insureds, see the modifications to this subsection on page 45.
PARTIAL WITHDRAWALS
Currently, after a Contract is in force for one year, a contract owner may make
partial withdrawals of amounts up to the withdrawal value by submitting a
request in a form satisfactory to ML of New York. The withdrawal value is equal
to 80% X (a+b) - b where:
- a = the current net cash surrender value, and
- b = the sum of all prior withdrawals.
The effective date of the withdrawal is the date a withdrawal request is
received at the Service Center. Contract owners may make one partial withdrawal
each contract year and may elect to receive the withdrawal amount either in a
single payment or, subject to ML of New York's rules, under one or more income
plans.
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The minimum amount for each partial withdrawal is $500. The amount of any
partial withdrawal may not exceed the loan value less any debt. A partial
withdrawal may not be repaid.
EFFECT ON INVESTMENT BASE, FIXED BASE AND DEATH BENEFIT. As of the effective
date of the withdrawal, the investment base and fixed base will be reduced by
the amount of the partial withdrawal. ML of New York allocates this reduction
proportionately to the investment base in the contract owner's investment
divisions unless notified otherwise. The variable insurance amount will also
reflect the partial withdrawal as of the effective date.
EFFECT ON GUARANTEED BENEFITS. As of the processing date on or next following a
partial withdrawal, ML of New York reduces the Contract's face amount. This is
done by taking the fixed base as of that processing date and determining what
face amount that fixed base would support for the Contract's guarantee period.
If this produces a face amount below the minimum face amount for the Contract,
ML of New York will reduce the face amount to that minimum, and reduce the
guarantee period, based on the reduced face amount, the fixed base and the
insured's sex, attained age, and underwriting class. The minimum face amount for
a Contract is the greater of the minimum face amount for which ML of New York
would then issue the Contract, based on the insured's sex, attained age and
underwriting class, and the minimum amount required to keep the Contract
qualified as life insurance under applicable tax law. For a discussion of the
effect of partial withdrawals on a Contract's guaranteed benefits, see "Partial
Withdrawals" in the Examples on page 43.
Partial withdrawals are treated as distributions under the Contract for federal
tax purposes and may be subject to a penalty tax. For a discussion of the tax
issues associated with a partial withdrawal, see "Tax Considerations" on page
28.
LOANS
Contract owners may use the Contract as collateral to borrow funds from ML of
New York. The minimum loan is $200 unless the contract owner is borrowing to
make a payment on another ML of New York variable life insurance contract. In
that case, the contract owner may borrow the exact amount required even if it is
less than $200. Contract owners may repay all or part of the loan any time
during the insured's lifetime. Each repayment must be for at least $200 or the
amount of the debt, if less.
Loans are treated as distributions under the Contract for federal tax purposes
and may be subject to a penalty tax. For a discussion of the tax issues
associated with a loan, see "Tax Considerations" on page 28.
When a loan is taken, ML of New York transfers a portion of the contract owner's
investment base equal to the amount borrowed out of the investment divisions and
holds it as collateral in its general account. When a loan repayment is made, ML
of New York transfers an amount equal to the repayment from the general account
to the investment divisions. The contract owner may select from which divisions
borrowed amounts should be taken and which divisions should receive repayments
(including interest payments). Otherwise, ML of New York will take the borrowed
amounts proportionately from and make repayments proportionately to the contract
owner's investment base as then allocated to the investment divisions.
If a contract owner has the CMA Insurance Service, loans may be transferred to
and loan repayments transferred from his or her CMA account.
EFFECT ON DEATH BENEFIT AND CASH SURRENDER VALUE. Whether or not a loan is
repaid, taking a loan will have a permanent effect on a Contract's cash
surrender value and may have a permanent effect on its death benefit. This is
because the collateral for a loan does not participate in the performance of the
investment divisions while the loan is outstanding. If the amount credited to
the collateral is more than what is earned in the investment divisions, the cash
surrender value will be higher as a result of the loan, as may be the death
benefit. Conversely, if the amount credited is less, the cash surrender value
will be lower, as may be the death benefit. In that case, the lower cash
surrender value may cause the Contract to lapse sooner than if no loan had been
taken.
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LOAN VALUE. The loan value of a Contract equals 90% of its cash surrender
value. The sum of all outstanding loan amounts plus accrued interest is called
debt. The maximum amount that can be borrowed at any time is the difference
between the loan value and the debt. The cash surrender value is the net cash
surrender value plus any debt.
INTEREST. While a loan is outstanding, ML of New York charges interest of 5%
annually, subject to state regulation. Interest accrues each day and payments
are due at the end of each contract year. If the interest isn't paid when due,
it is added to the outstanding loan amount. THIS AMOUNT ADDED TO THE LOAN IS
TAXABLE INCOME IF THE CONTRACT IS A MODIFIED ENDOWMENT CONTRACT. In addition,
interest paid on a loan may not be tax-deductible.
The amount held in ML of New York's general account as collateral for a loan
earns interest at a minimum of 4% annually.
NET LOAN COST. On each contract anniversary, ML of New York reduces the
investment base by the net loan cost (the difference between the interest
charged and the earnings on the amount held as collateral in the general
account) and adds that amount to the amount held in the general account as
collateral for the loan. Since the interest charged is 5% and the collateral
earnings on such amounts are 4%, the current net loan cost on loaned amounts is
1%. The net cash surrender value takes this charge into account on a pro-rated
basis. The net loan cost is taken into account in determining the net cash
surrender value of the Contract if the date of surrender is not a contract
anniversary.
CANCELLATION DUE TO EXCESS DEBT. If the debt exceeds the larger of the cash
surrender value and the fixed base on a processing date, ML of New York will
cancel the Contract 61 days after a notice of intent to terminate the Contract
is mailed to the contract owner unless ML of New York has received at least the
minimum repayment amount specified in the notice.
DEATH BENEFIT PROCEEDS
ML of New York will pay the death benefit proceeds to the beneficiary upon
receipt of all information needed to process the payment, including due proof of
the insured's death.
AMOUNT OF DEATH BENEFIT PROCEEDS. The death benefit proceeds are equal to the
death benefit, which is the larger of the current face amount and the variable
insurance amount, less any debt.
The values used in calculating the death benefit proceeds are as of the date of
death. The death benefit will never be less than the amount required to keep the
Contract qualified as life insurance under federal income tax laws. If the
insured dies during the grace period, the death benefit proceeds equal the death
benefit proceeds in effect immediately prior to the grace period reduced by any
overdue charges. (See "When the Guarantee Period is Less Than for Life" on page
18.)
VARIABLE INSURANCE AMOUNT. ML of New York determines the variable insurance
amount daily by:
- calculating the cash surrender value; and
- multiplying by the net single premium factor (explained below).
The variable insurance amount will never be less than required by federal tax
law.
NET SINGLE PREMIUM FACTOR. The net single premium factor is used to determine
the amount of death benefit purchased by $1.00 of cash surrender value. It is
based on the insured's sex, underwriting class, and attained age on the date of
calculation. It decreases daily as the insured's age increases. As a result, the
variable insurance amount as a multiple of the cash surrender value will
decrease over time. Also, net single premium factors may be higher for a woman
than for a man of the same age. A table of net single premium factors as of each
anniversary is included in the Contract.
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TABLE OF ILLUSTRATIVE NET SINGLE PREMIUM FACTORS
ON ANNIVERSARIES
STANDARD UNDERWRITING CLASS
<TABLE>
<CAPTION>
ATTAINED
AGE MALE FEMALE
--------- -------- --------
<S> <C> <C>
5 10.26605 12.37298
15 7.41158 8.96292
25 5.50384 6.48170
35 3.97197 4.64894
45 2.87749 3.36465
55 2.14058 2.48940
65 1.65786 1.87562
75 1.35394 1.45952
85 1.18029 1.21265
</TABLE>
For joint insureds, see the modifications to this section on page 44.
PAYMENT OF DEATH BENEFIT PROCEEDS
ML of New York will generally pay the death benefit proceeds to the beneficiary
within seven days after all the information needed to process the payment is
received at its Service Center.
ML of New York will add interest from the date of the insured's death to the
date of payment at an annual rate of at least 4%. The beneficiary may elect to
receive the proceeds either in a single payment or under one or more income
plans described on page 26. Payment may be delayed if the Contract is being
contested or under the circumstances described in "Using the Contract" on page
23 and "Other Contract Provisions" on page 25.
For joint insureds, see the modifications to this section on page 45.
RIGHT TO CANCEL ("FREE LOOK" PERIOD) OR EXCHANGE
A contract owner may cancel his or her Contract during the "free look" period by
returning it for a refund. Generally, the "free look" period ends ten days after
the Contract is received. To cancel the Contract during the "free look" period,
the contract owner must mail or deliver the Contract to ML of New York's Service
Center or to the registered representative who sold it. ML of New York will
refund the payment made without interest. If cancelled, ML of New York may
require the contract owner to wait six months before applying again.
EXCHANGING THE CONTRACT. Contract owners may exchange their Contracts at any
time for a contract with benefits that do not vary with the investment results
of a separate account. A request to exchange must be in writing. Also, the
original Contract must be returned to ML of New York's Service Center.
The new contract will have the same owner, insured, and beneficiary as those of
the original Contract on the date of the exchange. It will have the same issue
age, issue date, face amount, cash surrender value, benefit riders and
underwriting class as the original Contract on the date of the exchange. Any
debt will be carried over to the new contract.
ML of New York will not require evidence of insurability to exchange for a new
contract.
For joint insureds, see the modifications to this subsection on page 46.
REPORTS TO CONTRACT OWNERS
After the end of each processing period, contract owners will be sent a
statement of the allocation of their investment base, death benefit, cash
surrender value, any debt and, if there has been a change, new face amount and
guarantee period. All figures will be as of the end of the immediately preceding
processing period. The statement will show the amounts deducted from or added to
the investment base during the processing period. The statement will also
include any other information that may be currently required by a contract
owner's state.
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Contract owners will receive confirmation of all financial transactions. Such
confirmations will show the price per unit of each of the contract owner's
investment divisions, the number of units a contract owner has in the investment
division and the value of the investment division computed by multiplying the
quantity of units by the price per unit. (See "Net Rate of Return for an
Investment Division" on page 32.) The sum of the values in each investment
division is a contract owner's investment base.
Contract owners will also be sent an annual and a semi-annual report containing
financial statements and a list of portfolio securities of the Series Fund and
the Variable Series Funds, as required by the Investment Company Act of 1940.
CMA ACCOUNT REPORTING. Contract owners who have the CMA Insurance Service, will
have certain Contract information included as part of their regular monthly CMA
account statement. It will list the investment base allocation, death benefit,
net cash surrender value, debt and any CMA account activity affecting the
Contract during the month.
MORE ABOUT THE CONTRACT
USING THE CONTRACT
OWNERSHIP. The contract owner is usually the insured, unless another owner has
been named in the application. The contract owner has all rights and options
described in the Contract.
The contract owner may want to name a contingent owner. If the contract owner
dies before the insured, the contingent owner will own the contract owner's
interest in the contract and have all the contract owner's rights. If the
contract owner does not name a contingent owner, the contract owner's estate
will own the contract owner's interest in the Contract upon the owner's death.
If there is more than one contract owner, Merrill Lynch Life will treat the
owners as joint tenants with rights of survivorship unless the ownership
designation provides otherwise. The owners must exercise their rights and
options jointly, except that any one of the owners may reallocate the Contract's
investment base by phone if the owner provides the personal identification
number as well as the Contract number. One contract owner must be designated, in
writing, to receive all notices, correspondence and tax reporting to which
contract owners are entitled under the Contract.
CHANGING THE OWNER. During the insured's lifetime, the contract owner has the
right to transfer ownership of the Contract. The new owner will have all rights
and options described in the Contract. The change will be effective as of the
day the notice is signed, but will not affect any payment made or action taken
by ML of New York before receipt of the notice of the change at the Service
Center. Changing the owner may have tax consequences. (See "Tax Considerations"
on page 28.)
ASSIGNING THE CONTRACT AS COLLATERAL. Contract owners may assign the Contract
as collateral security for a loan or other obligation. This does not change the
ownership. However, the contract owner's rights and any beneficiary's rights are
subject to the terms of the assignment. Contract owners must give satisfactory
written notice at the Service Center in order to make or release an assignment.
ML of New York is not responsible for the validity of any assignment.
For a discussion of the tax issues associated with a collateral assignment, see
"Tax Considerations" on page 28.
NAMING BENEFICIARIES. ML of New York will pay the primary beneficiary the death
benefit proceeds of the Contract on the insured's death. If the primary
beneficiary has died, ML of New York will pay the contingent beneficiary. If no
contingent beneficiary is living, ML of New York will pay the insured's estate.
A contract owner may name more than one person as primary or contingent
beneficiaries. ML of New York will pay proceeds in equal shares to the surviving
beneficiary unless the beneficiary designation provides otherwise.
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A contract owner has the right to change beneficiaries during the insured's
lifetime unless the primary beneficiary designation has been made irrevocable.
If the designation is irrevocable, the primary beneficiary must consent when
certain rights and options are exercised under this Contract. If the beneficiary
is changed, the change will take effect as of the day the notice is signed, but
will not affect any payment made or action taken by ML of New York before
receipt of the notice of the change at the Service Center.
CHANGING THE INSURED. Subject to certain requirements, contract owners may
request a change of insured once each contract year. ML of New York must receive
a written request from the contract owner and the proposed new insured. Neither
the original nor the new insured can have attained ages as of the effective date
of the change less than 21 or more than 75. ML of New York will also require
evidence of insurability for the proposed new insured. If the request for change
is approved, insurance coverage on the new insured will take effect on the
processing date on or next following the date of approval, provided the new
insured is still living at that time.
The Contract will be changed as follows on the effective date:
- the issue age will be the new insured's issue age (the new insured's age
as of the birthday nearest the contract date);
- the guaranteed maximum cost of insurance rates will be those in effect on
the contract date for the new insured's issue age, sex and underwriting
class;
- a charge for changing the insured will be deducted from the Contract's
investment base on the effective date. This charge will also be reflected
in the Contract's fixed base. The charge will equal $1.50 per $1,000 of
face amount with a minimum charge of $200 and a maximum of $1,500. This
charge may be reduced in certain group or sponsored arrangements as
described on page 26;
- the variable insurance amount will reflect the change of insured; and
- the Contract's issue date will be the effective date of the change.
The face amount or guarantee period may also change on the effective date
depending on the new insured's age, sex and underwriting class. The new
guarantee period cannot be less than the minimum guarantee period for which ML
of New York would then issue a Contract based on the new insured's attained age
as of the effective date of the change.
This option is not available for joint insureds.
For a discussion of the tax issues associated with changing the insured, see
"Tax Considerations" on page 28.
MATURITY PROCEEDS. The maturity date is the anniversary nearest the insured's
100th birthday. On the maturity date, ML of New York will pay the net cash
surrender value to the contract owner, provided the insured is still living and
the Contract is in effect at that time.
HOW ML OF NEW YORK MAKES PAYMENTS. ML of New York generally pays death benefit
proceeds, partial withdrawals, loans and net cash surrender value on
cancellation from the Separate Account within seven days after the Service
Center receives all the information needed to process the payment.
However, it may delay payment from the Separate Account if it isn't practical
for ML of New York to value or dispose of Trust units, Series Fund shares or
Variable Series Funds shares because:
- the New York Stock Exchange is closed, other than for a customary weekend
or holiday; or
- trading on the New York Stock Exchange is restricted by the Securities and
Exchange Commission; or
- the Securities and Exchange Commission declares that an emergency exists
such that it is not reasonably practical to dispose of securities held in
the Separate Account or to determine the value of their assets.
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For joint insureds, see the modifications to this section on page 46.
SOME ADMINISTRATIVE PROCEDURES
Described below are certain administrative procedures. ML of New York reserves
the right to modify them or to eliminate them. For administrative and tax
purposes, ML of New York may from time to time require that specific forms be
completed in order to accomplish certain transactions, including surrenders.
PERSONAL IDENTIFICATION NUMBER. ML of New York will send each contract owner a
four-digit personal identification number ("PIN") shortly after the Contract is
placed in force and before the end of the "free look" period. This number must
be given when a contract owner calls the Service Center to get information about
the Contract, to make a loan (if an authorization is on file), or to make other
requests. Each PIN will be accompanied by a notice reminding the contract owner
that all of the investment base is in the division investing in the Money
Reserve Portfolio and will be reallocated to the investment divisions selected
at the time of application. The notice sent to contract owners who did not
choose to preallocate investment base will indicate that all of the investment
base is in the division investing in the Money Reserve Portfolio, and that this
allocation may be changed by calling or writing to the Service Center. (See
"Changing the Allocation" on page 16.)
REALLOCATING THE INVESTMENT BASE. Contract owners can reallocate their
investment base either in writing in a form satisfactory to ML of New York or by
phone. If the reallocation is requested by phone, contract owners must give
their personal identification number as well as their Contract number. ML of New
York will give a confirmation number over the phone and then follow up in
writing.
REQUESTING A LOAN. A loan may be requested in writing in a form satisfactory to
ML of New York or, if all required authorization forms are on file, by phone.
Once the authorization has been received at the Service Center, contract owners
can call the Service Center, give their Contract number, name and personal
identification number, and tell ML of New York the loan amount and from which
divisions the loan should be taken.
Upon request, ML of New York will wire the funds to the account at the financial
institution named on the contract owner's authorization. ML of New York will
generally wire the funds within two working days of receipt of the request. If
the contract owner has the CMA Insurance Service, funds may be transferred
directly to that CMA account.
REQUESTING PARTIAL WITHDRAWALS. Partial withdrawals may be requested in writing
in a form satisfactory to ML of New York. A contract owner may request a partial
withdrawal by phone if all required phone authorization forms are on file. Once
the authorization has been received at the Service Center, contract owners can
call the Service Center, give their Contract number, name and personal
identification number, and tell ML of New York how much to withdraw and from
which investment divisions.
Upon request, ML of New York will wire the funds to the account at the financial
institution named on the contract owner's authorization. ML of New York will
usually wire the funds within two working days of receipt of the request. If the
contract owner has the CMA Insurance Service, funds can be transferred directly
to that CMA account.
TELEPHONE REQUESTS. A telephone request for a loan, partial withdrawal or a
reallocation received before 4 p.m. (ET) generally will be processed the same
day. A request received at or after 4 p.m. (ET) will be processed the following
business day. ML of New York reserves the right to change or discontinue
telephone transfer procedures.
OTHER CONTRACT PROVISIONS
IN CASE OF ERRORS IN THE APPLICATION. If an age or sex given in the application
is wrong, it could mean that the face amount or any other Contract benefit is
wrong. ML of New York will pay what the payments made would have bought for the
guarantee period at the true age or sex.
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INCONTESTABILITY. ML of New York will rely on statements made in the
applications. Legally, they are considered representations, not warranties. ML
of New York can contest the validity of a Contract if any material misstatements
are made in the initial application. ML of New York can also contest the
validity of any change in face amount requested if any material misstatements
are made in any application required for that change. In addition, ML of New
York can contest any amount of death benefit which wouldn't be payable except
for the fact that an additional payment which requires evidence of insurability
was made if any material misstatements are made in the application required with
the additional payment.
ML of New York will not contest the validity of a Contract after it has been in
effect during the insured's lifetime for two years from the date of issue. Any
change in face amount will not be contested after the change has been in effect
during the insured's lifetime for two years from the date of the change. Nor
will ML of New York contest any amount of death benefit attributable to an
additional payment which requires evidence of insurability after the death
benefit has been in effect during the insured's lifetime for two years from the
date the payment was received and accepted.
PAYMENT IN CASE OF SUICIDE. If the insured commits suicide within two years
from the Contract's issue date, ML of New York will pay only a limited death
benefit. The benefit will be equal to the amount of the payments made.
If the insured commits suicide within two years of the effective date of any
increase in face amount requested, any amount of death benefit which would not
be payable except for the fact that the face amount was increased will be
limited to the amount of mortality cost deductions made for the increase.
If the insured commits suicide within two years of any date an additional
payment is received and accepted, any amount of death benefit which would not be
payable except for the fact that the additional payment was made will be limited
to the amount of the payment.
The death benefit will be reduced by any debt.
CONTRACT CHANGES -- APPLICABLE FEDERAL TAX LAW. To receive the tax treatment
accorded to life insurance under federal income tax law, the Contract must
qualify initially and continue to qualify as life insurance under the Internal
Revenue Code or successor law. Therefore, to maintain this qualification to the
maximum extent of the law, ML of New York reserves the right to return any
additional payments that would cause the Contract to fail to qualify as life
insurance under applicable federal tax law as interpreted by ML of New York.
Further, ML of New York reserves the right to make changes in the Contract or
its riders or to make distributions from the Contract to the extent it is
necessary to continue to qualify the Contract as life insurance. Any changes
will apply uniformly to all Contracts that are affected and contract owners will
be given advance written notice of such changes.
For joint insureds, see the modifications to this section on page 46.
INCOME PLANS
ML of New York offers several income plans to provide for payment of the death
benefit proceeds to the beneficiary. The contract owner may choose one or more
income plans at any time during the insured's lifetime. If no plan has been
chosen when the insured dies, the beneficiary has one year to apply the death
benefit proceeds either paid or payable to that beneficiary to one or more of
the plans. The contract owner may also choose one or more income plans if the
Contract is cancelled for its net cash surrender value or a partial withdrawal
is taken. ML of New York's approval is needed for any plan where any income
payment would be less than $100. Payments under these plans do not depend on the
investment results of a separate account.
For joint insureds, see the modifications to this section on page 47.
Income plans include:
ANNUITY PLAN. An amount can be used to purchase a single premium
immediate annuity. (Annuity purchase rates will be 3% less than for new
annuitants.)
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INTEREST PAYMENT. Amounts can be left with ML of New York to earn
interest at an annual rate of at least 3%. Interest payments can be made
annually, semi-annually, quarterly or monthly.
INCOME FOR A FIXED PERIOD. Payments are made in equal installments for
a fixed number of years.
INCOME FOR LIFE. Payments are made in equal monthly installments until
the death of a named person or the end of a designated period, whichever is
later. The designated period may be for 10 or 20 years.
INCOME OF A FIXED AMOUNT. Payments are made in equal installments until
proceeds applied under this option and interest on the unpaid balance at not
less than 3% per year are exhausted.
JOINT LIFE INCOME. Payments are made in monthly installments as long as
at least one of two named persons is living. While both are living, full
payments are made. If one dies, payments at two-thirds of the full amount
are made. Payments end completely when both named persons die.
Once in effect, some of the plans may not provide any surrender rights.
GROUP OR SPONSORED ARRANGEMENTS
For certain group or sponsored arrangements, ML of New York may reduce the sales
load, cost of insurance rates and the minimum payment and may modify
underwriting classifications and requirements.
Group arrangements include those in which a trustee or an employer, for example,
purchases Contracts covering a group of individuals on a group basis. Sponsored
arrangements include those in which an employer allows ML of New York to sell
Contracts to its employees on an individual basis.
Costs for sales, administration, and mortality generally vary with the size and
stability of the group and the reasons the Contracts are purchased, among other
factors. ML of New York takes all these factors into account when reducing
charges. To qualify for reduced charges, a group or sponsored arrangement must
meet certain requirements, including requirements for size and number of years
in existence. Group or sponsored arrangements that have been set up solely to
buy Contracts or that have been in existence less than six months will not
qualify for reduced charges.
ML of New York makes any reductions according to rules in effect when an
application for a Contract or additional payment is approved. It may change
these rules from time to time. However, reductions in charges will not
discriminate unfairly against any person.
UNISEX LEGAL CONSIDERATIONS FOR EMPLOYERS
In 1983 the Supreme Court held in ARIZONA GOVERNING COMMITTEE V. NORRIS that
optional annuity benefits provided under an employee's deferred compensation
plan could not, under Title VII of the Civil Rights Act of 1964, vary between
men and women. In addition, legislative, regulatory or decisional authority of
some states may prohibit use of sex-distinct mortality tables under certain
circumstances.
The Contracts offered by this Prospectus are based on mortality tables that
distinguish between men and women. As a result, the Contract pays different
benefits to men and women of the same age. Employers and employee organizations
should check with their legal advisers before purchasing these Contracts.
SELLING THE CONTRACTS
Merrill Lynch, Pierce, Fenner & Smith Incorporated ("MLPF&S") is the principal
underwriter of the Contract. It was organized in 1958 under the laws of the
state of Delaware and is registered as a broker-dealer under the Securities
Exchange Act of 1934. It is a member of the National Association of Securities
Dealers, Inc. ("NASD"). The principal business address of MLPF&S is World
Financial Center, 250 Vesey Street, New York, New York 10281. MLPF&S also acts
as principal underwriter of other variable life insurance and variable annuity
contracts issued by ML of New York, as well as variable life insurance and
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variable annuity contracts issued by Merrill Lynch Life Insurance Company, an
affiliate of ML of New York. MLPF&S also acts as principal underwriter of
certain mutual funds managed by Merrill Lynch Asset Management, the investment
adviser for the Series Fund and the Variable Series Funds.
Contracts are sold by registered representatives of MLPF&S who are also licensed
through Merrill Lynch Life Agency, Inc. as insurance agents for ML of New York.
ML of New York has entered into a distribution agreement with MLPF&S and a
companion sales agreement with Merrill Lynch Life Agency, Inc. through which
agreements the Contracts and other variable life insurance contracts issued
through the Separate Account are sold and the registered representatives are
compensated by Merrill Lynch Life Agency, Inc. and/or MLPF&S.
The maximum commission ML of New York will pay to Merrill Lynch Life Agency,
Inc. to be used to pay commissions to registered representatives is 3.5% of each
premium. Additional annual compensation of no more than 0.10% of the investment
base may also be paid to the registered representatives. Registered
representatives may elect to receive lower commission as a percent of each
premium in exchange for higher compensation as a percent of the investment base.
In such a case, the maximum additional annual compensation is 0.30% of the
investment base.
The amounts paid under the distribution and sales agreements for the Separate
Account for the years ended December 31, 1994, December 31, 1993 and December
31, 1992 were $140,551, $143,207 and $226, respectively. Commission may be paid
in the form of non-cash compensation.
MLPF&S may arrange for sales of the Contract by other broker-dealers who are
registered under the Securities Exchange Act of 1934 and are members of the
NASD. Registered representatives of these other broker-dealers may be
compensated on a different basis than MLPF&S registered representatives.
TAX CONSIDERATIONS
DEFINITION OF LIFE INSURANCE. In order to qualify as a life insurance contract
for federal tax purposes, the Contract must meet the definition of a life
insurance contract which is set forth in Section 7702 of the Internal Revenue
Code of 1986 as amended (the "Code"). The Section 7702 definition can be met if
a life insurance contract satisfies either one of two tests set forth in that
section. The manner in which these tests should be applied to certain innovative
features of the Contract offered by this Prospectus is not directly addressed by
Section 7702 or the proposed regulations issued thereunder. The presence of
these innovative Contract features, and the absence of final regulations or any
other pertinent interpretations of the tests, thus creates some uncertainty
about the application of the tests to the Contract.
ML of New York believes that the Contract qualifies as a life insurance contract
for federal tax purposes. This means that:
- the death benefit should be fully excludable from the gross income of the
beneficiary under Section 101(a)(1) of the Code; and
- the contract owner should not be considered in constructive receipt of the
cash surrender value, including any increases, unless and until actual
receipt of distributions from the Contract (see "Tax Treatment of Loans
and Other Distributions" on page 29).
Because of the absence of final regulations or any other pertinent
interpretations of the Section 7702 tests, it, however, is unclear whether
substandard risk Contracts or Contracts insuring more than one person will, in
all cases, meet the statutory life insurance contract definition. If a contract
were determined not to be a life insurance contract for purposes of Section
7702, such contract would not provide most of the tax advantages normally
provided by life insurance contracts.
ML of New York thus reserves the right to make changes in the Contract if such
changes are deemed necessary to attempt to assure its qualification as a life
insurance contract for tax purposes. (See "Contract Changes - Applicable Federal
Tax Law" on page 26.)
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DIVERSIFICATION. Section 817(h) of the Code provides that separate account
investments (or the investments of a mutual fund, the shares of which are owned
by separate accounts of insurance companies) underlying the Contract must be
"adequately diversified" in accordance with Treasury regulations in order for
the Contract to qualify as life insurance. The Treasury Department has issued
regulations prescribing the diversification requirements in connection with
variable contracts. The Separate Account, through the Series Fund and the
Variable Series Funds, intends to comply with these requirements. Although ML of
New York doesn't control the Series Fund or the Variable Series Funds, it
intends to monitor the investments of the Series Fund and the Variable Series
Funds to ensure compliance with the requirements prescribed by the Treasury
Department.
In connection with the issuance of the temporary diversification regulations,
the Treasury Department stated that it anticipates the issuance of regulations
or rulings prescribing the circumstances in which an owner's control of the
investments of a Separate Account may cause the contract owner, rather than the
insurance company, to be treated as the owner of the assets in the account. If
the contract owner is considered the owner of the assets of the separate
account, income and gains from the account would be included in the owner's
gross income.
The ownership rights under the Contract offered in this Prospectus are similar
to, but different in certain respects from, those described by the Internal
Revenue Service in rulings in which it determined that the owners were not
owners of separate account assets. For example, the owner of this Contract has
additional flexibility in allocating payments and cash surrender values. These
differences could result in the owner being treated as the owner of the assets
of the Separate Account. In addition, ML of New York does not know what
standards will be set forth in the regulations or rulings which the Treasury has
stated it expects to be issued. ML of New York therefore reserves the right to
modify the Contract as necessary to attempt to prevent the contract owner from
being considered the owner of the assets of the Separate Account.
TAX TREATMENT OF LOANS AND OTHER DISTRIBUTIONS. Federal tax law establishes a
class of life insurance contracts referred to as modified endowment contracts.
In most cases, this Contract will be a modified endowment contract. (See,
however, the discussion below on a Contract issued in exchange for another life
insurance contract. Loans and partial withdrawals from, as well as collateral
assignments of, modified endowment contracts will be treated as distributions to
the owner. All pre-death distributions (including loans, partial withdrawals and
collateral assignments) from these Contracts will be included in gross income on
an income-first basis to the extent of any income in the Contract (the cash
surrender value less the owner's investment in the Contract) immediately before
the distribution.
The law also imposes a 10% penalty tax on pre-death distributions (including
loans, collateral assignments, partial withdrawals and complete surrenders) from
modified endowment contracts to the extent they are included in income, unless
such amounts are distributed on or after the taxpayer attains age 59 1/2,
because the taxpayer is disabled, or as substantially equal periodic payments
over the taxpayer's life (or life expectancy) or over the joint lives (or joint
life expectancies) of the taxpayer and his or her beneficiary. Furthermore, if
the loan interest is capitalized by adding the amount due to the balance of the
loan, the amount of the capitalized interest will be treated as an additional
distribution subject to income tax as well as the 10% penalty tax, if
applicable, to the extent of income in the Contract.
Any Contract issued in exchange for a modified endowment contract will be
subject to the tax treatment accorded to modified endowment contracts. However,
ML of New York believes that any Contract issued in exchange for a life
insurance contract that is not a modified endowment contract will generally not
be treated on a modified endowment contract if the face amount of the Contract
is greater than or equal to the death benefit of the policy being exchanged. The
payment of any premiums at the time of or after the exchange may, however, cause
the Contract to become a modified endowment contract. A contract owner may, of
course, choose not to exercise the right to make additional payments (whether
planned or unplanned) in order to prevent a Contract from being treated as a
modified endowment contract.
ML of New York also believes that a Contract received in an exchange for a life
insurance contract that is not a modified endowment contract should not be
treated as a modified endowment contract in
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situations where the face amount of the Contract received in less than the death
benefit of the contract being exchanged, provided no additional premium is paid
into the Contract. This matter is, however, not free from doubt because neither
Treasury regulations nor Internal Revenue Service rulings have been issued on
this situation. A prospective contract owner should therefore consult a tax
advisor before effecting such an exchange.
Unlike loans from modified endowment contracts, a loan from a Contract that is
not a modified endowment contract will be considered indebtedness of the owner
and no part of a loan will constitute income to the owner. However, a lapse of a
Contract with an outstanding loan will result in the treatment of the loan
cancellation (including the accrued interest) as a distribution under the
Contract and may be taxable. Pre-death distributions from such a contract will
generally not be included in gross income to the extent that the amount received
does not exceed the owner's investment in the Contract. Further, the 10% penalty
tax on pre-death distributions does not apply to Contracts that are not modified
endowment contracts.
Certain changes to Contracts that are not modified endowment contracts may cause
such Contracts to be treated as modified endowment contracts. A Contract that is
not originally classified as a modified endowment may become so classified if
there is a reduction in benefits during the first seven contract years after the
exchange (including, for example, by a decrease in face amount) or if a material
change (E.G., an increase in certain benefits) is made in the Contract at any
time. Further, in the case of a Contract with joint insureds, reducing the
Contract's death benefit at any time below the lowest death benefit provided
under the Contract may cause the Contract to become a modified endowment
contract. A contract owner should therefore consult a tax advisor before
effecting any change to a Contract that is not a modified endowment contract.
SPECIAL TREATMENT OF LOANS ON THE CONTRACT. If there is any borrowing against
the Contract, the interest paid on loans may not be tax deductible.
AGGREGATION OF MODIFIED ENDOWMENT CONTRACTS. In the case of a pre-death
distribution (including a loan, partial withdrawal, collateral assignment or
complete surrender) from a contract that is treated as a modified endowment
contract, a special aggregation requirement may apply for purposes of
determining the amount of the income on the contract. Specifically, if ML of New
York or any of its affiliates issues to the same contract owner more than one
modified endowment contract within a calendar year, then for purposes of
measuring the income on the contract with respect to a distribution from any of
those contracts, the income on the contract for all those contracts will be
aggregated and attributed to that distribution.
OTHER TRANSACTIONS. Changing the contract owner or the insured may have tax
consequences. Exchanging this Contract for another involving the same insured(s)
will have no tax consequences if there is no debt and no cash or other property
is received, according to Section 1035(a)(1) of the Code. Changing the insured
under this Contract may not be treated as an exchange under Section 1035 but
rather as a taxable exchange.
In addition, the Contract may be used in various arrangements, including
nonqualified deferred compensation or salary continuance plans, split dollar
insurance plans, executive bonus plans, retiree medical benefit plans and
others. The tax consequences of such plans may vary depending on the particular
facts and circumstances of each individual arrangement. Therefore, if you are
contemplating the use of a contract in any arrangement the value of which
depends in part on its tax consequences, you should be sure to consult a
qualified tax advisor regarding the tax attributes of the particular
arrangement.
OTHER TAXES. Federal estate and state and local estate, inheritance and other
taxes depend on the contract owner's or the beneficiary's specific situation.
OWNERSHIP OF THIS CONTRACT BY NON-NATURAL PERSONS. The above discussion of the
tax consequences arising from the purchase, ownership, and transfer of the
Contract has assumed that the owner of the Contract consists of one or more
individuals. Organizations exempt from taxation under Section 501(a) of the Code
may be subject to additional or different tax consequences with respect to
transactions such
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as contract loans. Further, organizations purchasing Contracts covering the life
of an individual who is an officer or employee of, or is financially interested
in the taxpayer's trade or business, may be unable to deduct all or a portion of
the interest or premiums paid with respect to the Contract. Such organizations
should obtain tax advice prior to the acquisition of this Contract and also
before entering into any subsequent changes to or transactions under this
Contract.
ML OF NEW YORK DOES NOT MAKE ANY GUARANTEE REGARDING THE TAX STATUS OF ANY
CONTRACT OR ANY TRANSACTION REGARDING THE CONTRACT.
THE ABOVE DISCUSSION IS NOT INTENDED AS TAX ADVICE. FOR TAX ADVICE CONTRACT
OWNERS SHOULD CONSULT A COMPETENT TAX ADVISER. ALTHOUGH THIS TAX DISCUSSION IS
BASED ON ML OF NEW YORK'S UNDERSTANDING OF FEDERAL INCOME TAX LAWS AS THEY ARE
CURRENTLY INTERPRETED, IT CAN'T GUARANTEE THAT THOSE LAWS OR INTERPRETATIONS
WILL REMAIN UNCHANGED.
ML OF NEW YORK'S INCOME TAXES
Insurance companies are generally required to capitalize and amortize certain
policy acquisition expenses over a ten year period rather than currently
deducting such expenses. This treatment applies to the deferred acquisition
expenses of a Contract and will result in a significantly higher corporate
income tax liability for ML of New York in early contract years. ML of New York
makes a charge, which is included in the Contract's deferred contract loading,
to compensate ML of New York for the higher corporate income taxes that result
from the sale of a Contract. (See "Deferred Contract Loading" on page 16.)
ML of New York makes no other charges to the Separate Account for any federal,
state or local taxes that it incurs that may be attributable to the Separate
Account or to the Contracts. ML of New York, however, reserves the right to make
a charge for any tax or other economic burden resulting from the application of
tax laws that it determines to be properly attributable to the Separate Account
or to the Contracts.
REINSURANCE
ML of New York intends to reinsure some of the risks assumed under the
Contracts.
MORE ABOUT THE SEPARATE ACCOUNT AND ITS DIVISIONS
ABOUT THE SEPARATE ACCOUNT
The Separate Account is registered with the Securities and Exchange Commission
under the Investment Company Act of 1940 as a unit investment trust. This
registration does not involve any supervision by the Securities and Exchange
Commission of ML of New York's management or the management of the Separate
Account. The Separate Account is also governed by the laws of the State of New
York, ML of New York's state of domicile.
ML of New York owns all of the assets of the Separate Account. These assets are
held separate and apart from all of ML of New York's other assets. ML of New
York maintains records of all purchases and redemptions of Series Fund, Variable
Series Funds and Zero Trust shares by each of the investment divisions.
CHANGES WITHIN THE ACCOUNT
ML of New York may from time to time make additional investment divisions
available to contract owners. These divisions will invest in investment
portfolios ML of New York finds suitable for the Contracts. ML of New York also
has the right to eliminate investment divisions from the Separate Account, to
combine two or more investment divisions, or to substitute a new portfolio for
the portfolio in which an investment division invests. A substitution may become
necessary if, in ML of New York's judgment, a portfolio no longer suits the
purposes of the Contracts. This may happen due to a change in laws or
regulations, or a change in a portfolio's investment objectives or restrictions,
or because the portfolio is no longer available for investment, or for some
other reason. ML of New York would get prior approval from the New York State
Insurance Department and the Securities and Exchange Commission before making
such a substitution. It would also get any other required approvals before
making such a substitution.
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Subject to any required regulatory approvals, ML of New York reserves the right
to transfer assets of the Separate Account or of any of the investment divisions
to another separate account or investment division.
When permitted by law, ML of New York reserves the right to:
- deregister the Separate Account under the Investment Company Act of 1940;
- operate the Separate Account as a management company under the Investment
Company Act of 1940;
- restrict or eliminate any voting rights of contract owners, or other
persons who have voting rights as to the Separate Account; and
- combine the Separate Account with other separate accounts.
NET RATE OF RETURN FOR AN INVESTMENT DIVISION
Each investment division has a distinct unit value (also referred to as "price"
or "separate account index" in reports furnished to the contract owner by ML of
New York). When payments or other amounts are allocated to an investment
division, a number of units are purchased based on the value of a unit of the
investment division as of the end of the valuation period during which the
allocation is made. When amounts are transferred out of, or deducted from, an
investment division, units are redeemed in a similar manner. A valuation period
is each business day together with any non-business days before it. A business
day is any day the New York Stock Exchange is open or there's enough trading in
portfolio securities to materially affect the net asset value of an investment
division.
For each investment division, the separate account index was initially set at
$10.00. The separate account index for each subsequent valuation period
fluctuates based upon the net rate of return for that period. ML of New York
determines the net rate of return of an investment division at the end of each
valuation period. The net rate of return reflects the investment performance of
the division for the valuation period and is net of the charges to the Separate
Account described above.
For divisions investing in the Series Fund or the Variable Series Funds, shares
are valued at net asset value and reflect reinvestment of any dividends or
capital gains distributions declared by the Series Fund or the Variable Series
Funds.
For divisions investing in the Zero Trusts, units of each Zero Trust are valued
at the sponsor's repurchase price, as explained in the prospectus for the Zero
Trusts.
THE SERIES FUND AND THE VARIABLE SERIES FUNDS
BUYING AND REDEEMING SHARES. The Series Fund and the Variable Series Funds sell
and redeem their shares at net asset value. Any dividend or capital gain
distribution will be reinvested at net asset value in shares of the same
portfolio.
VOTING RIGHTS. ML of New York is the legal owner of all Series Fund and
Variable Series Funds shares held in the Separate Accounts. As the owner, ML of
New York has the right to vote on any matter put to vote at the Series Fund's
and Variable Series Funds' shareholder meetings. However, ML of New York will
vote all Series Fund and Variable Series Funds shares attributable to Contracts
according to instructions received from contract owners. Shares attributable to
Contracts for which no voting instructions are received will be voted in the
same proportion as shares in the respective investment divisions for which
instructions are received. Shares not attributable to Contracts will also be
voted in the same proportion as shares in the respective divisions for which
instructions are received. If any federal securities laws or regulations, or
their present interpretation, change to permit ML of New York to vote Series
Fund or Variable Series Funds shares in its own right, it may elect to do so.
ML of New York determines the number of shares that contract owners have in an
investment division by dividing their Contract's investment base in that
division by the net asset value of one share of the portfolio. Fractional votes
will be counted. ML of New York will determine the number of shares for
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which a contract owner may give voting instructions 90 days or less before each
Series Fund or Variable Series Funds meeting. ML of New York will request voting
instructions by mail at least 14 days before the meeting.
Under certain circumstances, ML of New York may be required by state regulatory
authorities to disregard voting instructions. This may happen if following the
instructions would mean voting to change the sub-classification or investment
objectives of the portfolios, or to approve or disapprove an investment advisory
contract.
ML of New York may also disregard instructions to vote for changes in the
investment policy or the investment adviser if it disapproves of the proposed
changes. ML of New York would disapprove a proposed change only if it was:
- contrary to state law;
- prohibited by state regulatory authorities; or
- decided by management that the change would result in overly speculative
or unsound investments.
If ML of New York disregards voting instructions, it will include a summary of
its actions in the next semi-annual report.
RESOLVING MATERIAL CONFLICTS. Shares of the Series Fund are available for
investment by ML of New York, Merrill Lynch Life Insurance Company (an indirect
wholly owned subsidiary of Merrill Lynch & Co., Inc.) and Monarch Life Insurance
Company (an insurance company not affiliated with ML of New York or Merrill
Lynch & Co., Inc.). Shares of the Variable Series Funds are currently sold only
to separate accounts of ML of New York, Merrill Lynch Life Insurance Company and
Family Life Insurance Company (an insurance company not affiliated with ML of
New York or Merrill Lynch & Co., Inc.) to fund benefits under certain variable
life insurance and variable annuity contracts. The Basic Value Focus Fund, World
Income Focus Fund, Global Utility Focus Fund, and International Equity Focus
Fund, International Bond Fund and Developing Capital Markets Focus Fund are only
offered to separate accounts of ML of New York and Merrill Lynch Life Insurance
Company. The Equity Growth Fund is also offered to Family Life Insurance
Company. Shares of each Fund of the Variable Series Funds may be made available
to the separate accounts of other insurance companies in the future.
It is possible that differences might arise between ML of New York's Separate
Account and one or more of the other separate accounts which invest in the
Series Fund or the Variable Series Funds. In some cases, it is possible that the
differences could be considered "material conflicts". Such a "material conflict"
could also arise due to changes in the law (such as state insurance law or
federal tax law) which affect these different variable life insurance and
variable annuity separate accounts. It could also arise by reason of differences
in voting instructions from ML of New York's contract owners and those of the
other insurance companies, or for other reasons. ML of New York will monitor
events to determine how to respond to conflicts. If a conflict occurs, ML of New
York may be required to eliminate one or more investment divisions of the
Separate Account which invest in the Series Fund or the Variable Series Funds
substitute a new portfolio for a portfolio in which a division invests. In
responding to any conflict, ML of New York will take the action which it
believes necessary to protect its contract owners consistent with applicable
legal requirements.
CHARGES TO SERIES FUND ASSETS
The Series Fund incurs operating expenses and pays a monthly advisory fee to
MLAM. This fee equals an annual rate of:
- .50% of the first $250 million of the aggregate average daily net assets
of the Series Fund;
- .45% of the next $50 million of such assets;
- .40% of the next $100 million of such assets;
33
<PAGE>
- .35% of the next $400 million of such assets; and
- .30% of such assets over $800 million.
One or more of the insurance companies investing in the Series Fund has agreed
to reimburse the Series Fund so that the ordinary expenses of each portfolio
(which include the monthly advisory fee) do not exceed .50% of the portfolio's
average daily net assets. These companies have also agreed to reimburse MLAM for
any amounts it pays under the investment advisory agreement, as described below.
These reimbursement obligations will remain in effect so long as the advisory
agreement remains in effect and cannot be amended or terminated without Series
Fund approval.
Under its investment advisory agreement, MLAM has agreed that if any portfolio's
aggregate ordinary expenses (excluding interest, taxes, brokerage commissions
and extraordinary expenses) exceed the expense limitations for investment
companies in effect under any state securities law or regulation, it will reduce
its fee for that portfolio by the amount of the excess. If required, it will
reimburse the Series Fund for the excess. This reimbursement agreement will
remain in effect so long as the advisory agreement remains in effect and cannot
be amended without Series Fund approval.
CHARGES TO VARIABLE SERIES FUNDS ASSETS
The Variable Series Funds incurs operating expenses and pays a monthly advisory
fee to MLAM. This fee equals an annual rate of .60% of the average daily net
assets of the Basic Value Focus Fund, World Income Focus Fund and Global Utility
Focus Fund. This fee equals an annual rate of .75%, .60% and 1.00% of the
average daily net assets of the International Equity Focus Fund, the
International Bond Fund and the Developing Capital Markets Focus Fund,
respectively.
Under its investment advisory agreement, MLAM has agreed to reimburse the
Variable Series Funds if and to the extent that in any fiscal year the operating
expenses of any Fund exceeds the most restrictive expense limitations then in
effect under any state securities laws or published regulations thereunder.
Expenses for this purpose include MLAM's fee but exclude interest, taxes,
brokerage commissions and extraordinary expenses, such as litigation. No fee
payments will be made to MLAM with respect to any Fund during any fiscal year
which would cause the expenses of such Fund to exceed the pro rata expense
limitation applicable to such Fund at the time of such payment. This
reimbursement agreement will remain in effect so long as the advisory agreement
remains in effect and cannot be amended without Variable Series Funds approval.
MLAM and Merrill Lynch Life Agency, Inc. have entered into two agreements which
limit the operating expenses paid by each Fund in a given year to 1.25% of its
average daily net assets, which is less than the expense limitations imposed by
state securities laws or published regulations thereunder. Those reimbursement
agreements provide that any expenses in excess of 1.25% of average daily net
assets will be reimbursed to the Fund by MLAM which, in turn, will be reimbursed
by Merrill Lynch Life Agency, Inc.
34
<PAGE>
THE ZERO TRUSTS
THE 19 ZERO TRUSTS:
<TABLE>
<CAPTION>
Targeted Rate of Return to
Maturity as
Zero Trust Maturity Date of April 27, 1995
- ---------- ------------------ -----------------------------
<C> <S> <C>
1995 November 15, 1995 4.17%
1996 February 15, 1996 4.70%
1997 February 15, 1997 4.98%
1998 February 15, 1998 5.33%
1999 February 15, 1999 5.49%
2000 February 15, 2000 5.50%
2001 February 15, 2001 5.55%
2002 February 15, 2002 5.70%
2003 August 15, 2003 5.83%
2004 February 15, 2004 5.89%
2005 February 15, 2005 5.85%
2006 February 15, 2006 5.80%
2007 February 15, 2007 5.89%
2008 February 15, 2008 6.14%
2009 February 15, 2009 6.17%
2010 February 15, 2010 6.28%
2011 February 15, 2011 6.29%
2013 February 15, 2013 6.39%
2014 February 15, 2014 6.39%
</TABLE>
TARGETED RATE OF RETURN TO MATURITY. Because the underlying securities in the
Zero Trusts will grow to their face value on the maturity date, it is possible
to estimate a compound rate of growth to maturity for the Zero Trust units.
But because the units are held in the Separate Account, the asset charge and the
trust charge (described in "Charges to the Separate Account" on page 18) must be
taken into account in estimating a net rate of return for the Separate Account.
The net rate of return to maturity for the Separate Account depends on the
compound rate of growth adjusted for these charges. It does not, however,
represent the actual return on a payment that ML of New York might receive under
the Contract on that date, since it does not reflect the charges for deferred
contract loading, mortality costs and any net loan cost deducted from a
Contract's investment base (described in "Charges Deducted from the Investment
Base" on page 16).
Since the value of the Zero Trust units will vary daily to reflect the market
value of the underlying securities, the compound rate of growth to maturity for
the Zero Trust units and the net rate of return to maturity for the Separate
Account will vary correspondingly.
ILLUSTRATIONS
ILLUSTRATIONS OF DEATH BENEFITS, INVESTMENT BASE, CASH SURRENDER VALUES AND
ACCUMULATED PAYMENTS
The tables on pages 37 through 41 demonstrate the way in which the Contract
works. The tables are based on the following ages, face amounts, payments and
guarantee periods and assume maximum mortality charges.
1. The illustration on page 37 is for a Contract issued to a male age 5 in
the standard-simplified underwriting class with a single payment of $10,000, a
face amount of $93,421 and a guarantee period for life.
2. The illustration on page 38 is for a Contract issued to a female age 40
in the standard-simplified underwriting class with a single payment of $25,000,
a face amount of $89,686 and a guarantee period for life.
3. The illustration on page 39 is for a Contract issued to a male age 55 in
the standard-simplified underwriting class with a single payment of $30,000, a
face amount of $58,438 and a guarantee period for life.
35
<PAGE>
4. The illustration on page 40 is for a Contract issued to a male age 65 in
the standard-simplified underwriting class with a single payment of $35,000, a
face amount of $52,803 and a guarantee period for life.
5. The illustration on page 41 is for a Contract issued to a male age 65
and a female age 65 in the standard-simplified underwriting class with a single
payment of $35,000, a face amount of $67,012 and a guarantee period for life.
The tables show how the death benefit, investment base and cash surrender value
may vary over an extended period of time assuming hypothetical rates of return
(i.e., investment income and capital gains and losses, realized or unrealized)
equivalent to constant gross annual rates of 0%, 6% and 12%.
The death benefit, investment base and cash surrender value for a Contract would
be different from those shown if the actual rates of return averaged 0%, 6% and
12% over a period of years, but also fluctuated above or below those averages
for individual contract years.
The amounts shown for the death benefit, investment base and cash surrender
value as of the end of each contract year take into account the daily asset
charge in the Separate Account equivalent to .90% (annually at the beginning of
the year) of assets attributable to the Contracts at the beginning of the year.
The amounts shown in the tables also assume an additional charge of .490%. This
charge assumes that investment base is allocated equally among all investment
divisions and is based on the 1994 expenses (including monthly advisory fees)
for the Series Fund and the Variable Series Funds and the current trust charge.
This charge does not reflect expenses incurred by the Natural Resources
Portfolio of the Series Fund and the Developing Capital Markets Focus Fund of
the Variable Series Funds in 1994, which were reimbursed to the Series Fund and
the Variable Series Funds, respectively, by MLAM. The reimbursements amounted to
.09% and .06%, respectively, of the average daily net assets of these portfolios
(see "Charges to Series Fund Assets" on page 33). The actual charge under a
Contract for Series Fund and Variable Series Funds expenses and the trust charge
will depend on the actual allocation of the investment base and may be higher or
lower depending on how the investment base is allocated.
Taking into account the .90% asset charge in the Separate Account and the .490%
charge described above, the gross annual rates of investment return of 0%, 6%
and 12% correspond to net annual rates of -1.39%, 4.56%, and 10.51%,
respectively. The gross returns are before any deductions and should not be
compared to rates which are after deduction of charges.
The hypothetical returns shown on the tables are without any income tax charges
that may be attributable to the Separate Account in the future (although they do
reflect the charge for federal income taxes included in the deferred contract
loading, see "Deferred Contract Loading" on page 16). In order to produce after
tax returns of 0%, 6% and 12%, the Series Fund and the Variable Series Funds
would have to earn a sufficient amount in excess of 0% or 6% or 12% to cover any
tax charges attributable to the Separate Account.
The second column of the tables shows the amount which would accumulate if an
amount equal to the payments were invested to earn interest (after taxes) at 5%
compounded annually.
ML of New York will furnish upon request a personalized illustration reflecting
the proposed insured's age, face amount and the payment amounts requested. The
illustration will also use current cost of insurance rates and will assume that
the proposed insured is in a standard underwriting class.
36
<PAGE>
FLEXIBLE PREMIUM VARIABLE LIFE INSURANCE CONTRACT
MALE ISSUE AGE 5
$10,000 INITIAL PAYMENT FOR STANDARD-SIMPLIFIED UNDERWRITING CLASS
FACE AMOUNT: $93,421 GUARANTEE PERIOD: FOR LIFE
BASED ON MAXIMUM MORTALITY CHARGES
<TABLE>
<CAPTION>
END OF YEAR
TOTAL DEATH BENEFIT (2)
PAYMENTS ASSUMING HYPOTHETICAL GROSS
MADE PLUS ANNUAL INVESTMENT RETURN OF
INTEREST AT 5% AS -----------------------------
CONTRACT YEAR PAYMENTS (1) OF END OF YEAR 0% 6% 12%
--------------------- --------------- ----------------- ------- -------- ----------
<S> <C> <C> <C> <C> <C>
1................... $10,000 $ 10,500 $93,421 $ 94,333 $ 100,216
2................... 0 11,025 93,421 95,197 107,317
3................... 0 11,576 93,421 96,017 114,747
4................... 0 12,155 93,421 96,794 122,534
5................... 0 12,763 93,421 97,531 130,707
6................... 0 13,401 93,421 98,231 139,294
7................... 0 14,071 93,421 98,895 148,329
8................... 0 14,775 93,421 99,525 157,847
9................... 0 15,513 93,421 100,125 167,883
10................... 0 16,289 93,421 100,696 178,476
15................... 0 20,789 93,421 103,445 241,916
20 (age 25) ......... 0 26,533 93,421 106,269 327,900
30 (age 35) ......... 0 43,219 93,421 112,146 602,164
60 (age 65) ......... 0 186,791 93,421 131,825 3,735,363
</TABLE>
<TABLE>
<CAPTION>
END OF YEAR END OF YEAR
INVESTMENT BASE (2) CASH SURRENDER VALUE (2)
ASSUMING HYPOTHETICAL GROSS ASSUMING HYPOTHETICAL GROSS
ANNUAL INVESTMENT RETURN OF ANNUAL INVESTMENT RETURN OF
--------------------------- ---------------------------
CONTRACT YEAR 0% 6% 12% 0% 6% 12%
--------------------- ------ ------- ---------- ------ ------- ----------
<S> <C> <C> <C> <C> <C> <C>
1................... $9,694 $10,287 $ 10,878 $8,884 $ 9,477 $ 10,068
2................... 9,396 10,589 11,846 8,676 9,869 11,126
3................... 9,109 10,912 12,918 8,479 10,282 12,288
4................... 8,829 11,253 14,102 8,289 10,713 13,562
5................... 8,554 11,610 15,406 8,104 11,160 14,956
6................... 8,286 11,986 16,845 7,926 11,626 16,485
7................... 8,019 12,375 18,426 7,749 12,105 18,156
8................... 7,749 12,775 20,155 7,569 12,595 19,975
9................... 7,470 13,178 22,036 7,380 13,088 21,946
10................... 7,183 13,586 24,081 7,183 13,586 24,081
15................... 6,062 16,186 37,853 6,062 16,186 37,853
20 (age 25) ......... 4,941 19,308 59,577 4,941 19,308 59,577
30 (age 35) ......... 3,063 28,234 151,603 3,063 28,234 151,603
60 (age 65) ......... 0 79,515 2,253,123 0 79,515 2,253,123
<FN>
- --------------------------
(1) All payments are illustrated as if made at the beginning of the contract
year.
(2) Assumes no loan has been made.
</TABLE>
IT IS EMPHASIZED THAT THE HYPOTHETICAL INVESTMENT RATES OF RETURN SHOWN ABOVE
AND ELSEWHERE IN THIS PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE
CONSIDERED A REPRESENTATION OF PAST OR FUTURE PERFORMANCE. ACTUAL RATES OF
RETURN MAY BE MORE OR LESS THAN THOSE ILLUSTRATED AND WILL DEPEND ON A NUMBER OF
FACTORS, INCLUDING THE INVESTMENT ALLOCATIONS SELECTED, PREVAILING INTEREST
RATES AND RATES OF INFLATION. THE DEATH BENEFIT, INVESTMENT BASE AND CASH
SURRENDER VALUE WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL GROSS RATES OF
RETURN AVERAGED 0%, 6% AND 12% OVER A PERIOD OF YEARS, BUT ALSO FLUCTUATED ABOVE
OR BELOW THOSE AVERAGES FOR INDIVIDUAL CONTRACT YEARS. NO REPRESENTATIONS CAN BE
MADE BY ML OF NEW YORK OR THE SERIES FUND OR THE VARIABLE SERIES FUNDS OR THE
ZERO TRUSTS THAT THESE HYPOTHETICAL RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE
YEAR OR SUSTAINED OVER ANY PERIOD OF TIME.
37
<PAGE>
FLEXIBLE PREMIUM VARIABLE LIFE INSURANCE CONTRACT
FEMALE ISSUE AGE 40
$25,000 INITIAL PAYMENT FOR STANDARD-SIMPLIFIED UNDERWRITING CLASS
FACE AMOUNT: $89,686 GUARANTEE PERIOD: FOR LIFE
BASED ON MAXIMUM MORTALITY CHARGES
<TABLE>
<CAPTION>
END OF YEAR
DEATH BENEFIT (2)
TOTAL ASSUMING HYPOTHETICAL GROSS
PAYMENTS ANNUAL INVESTMENT RETURN OF
END OF MADE PLUS ---------------------------
CONTRACT YEAR PAYMENTS (1) INTEREST AT 5% 0% 6% 12%
--------------------- --------------- -------------- ------- -------- --------
<S> <C> <C> <C> <C> <C>
1................... $25,000 $ 26,250 $89,686 $ 90,560 $ 96,206
2................... 0 27,562 89,686 91,389 103,020
3................... 0 28,941 89,686 92,176 110,154
4................... 0 30,388 89,686 92,922 117,632
5................... 0 31,907 89,686 93,631 125,482
6................... 0 33,502 89,686 94,303 133,733
7................... 0 35,178 89,686 94,942 142,416
8................... 0 36,936 89,686 95,549 151,562
9................... 0 38,783 89,686 96,125 161,205
10................... 0 40,722 89,686 96,674 171,382
15................... 0 51,973 89,686 99,313 232,300
20 (age 60) ......... 0 66,332 89,686 102,025 314,896
30 (age 70) ......... 0 108,049 89,686 107,676 578,773
</TABLE>
<TABLE>
<CAPTION>
END OF YEAR END OF YEAR
INVESTMENT BASE (2) CASH SURRENDER VALUE (2)
ASSUMING HYPOTHETICAL ASSUMING HYPOTHETICAL
GROSS GROSS
ANNUAL INVESTMENT RETURN ANNUAL INVESTMENT RETURN
OF OF
END OF -------------------------- --------------------------
CONTRACT YEAR 0% 6% 12% 0% 6% 12%
--------------------- ------- ------- -------- ------- ------- --------
<S> <C> <C> <C> <C> <C> <C>
1................... $24,269 $25,751 $ 27,231 $22,244 $23,726 $ 25,206
2................... 23,534 26,521 29,667 21,734 24,721 27,867
3................... 22,796 27,310 32,329 21,221 25,735 30,754
4................... 22,055 28,119 35,237 20,705 26,769 33,887
5................... 21,314 28,953 38,419 20,189 27,828 37,294
6................... 20,571 29,810 41,898 19,671 28,910 40,998
7................... 19,826 30,691 45,701 19,151 30,016 45,026
8................... 19,080 31,599 49,860 18,630 31,149 49,410
9................... 18,332 32,533 54,406 18,107 32,308 54,181
10................... 17,579 33,491 59,372 17,579 33,491 59,372
15................... 14,824 39,895 93,316 14,824 39,895 93,316
20 (age 60) ......... 11,833 47,298 145,982 11,833 47,298 145,982
30 (age 70) ......... 4,719 65,386 351,458 4,719 65,386 351,458
<FN>
- --------------------------
(1) All payments are illustrated as if made at the beginning of the contract
year.
(2) Assumes no loan has been made.
</TABLE>
IT IS EMPHASIZED THAT THE HYPOTHETICAL INVESTMENT RATES OF RETURN SHOWN ABOVE
AND ELSEWHERE IN THIS PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE
CONSIDERED A REPRESENTATION OF PAST OR FUTURE PERFORMANCE. ACTUAL RATES OF
RETURN MAY BE MORE OR LESS THAN THOSE ILLUSTRATED AND WILL DEPEND ON A NUMBER OF
FACTORS, INCLUDING THE INVESTMENT ALLOCATIONS SELECTED, PREVAILING INTEREST
RATES AND RATES OF INFLATION. THE DEATH BENEFIT, INVESTMENT BASE AND CASH
SURRENDER VALUE WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL GROSS RATES OF
RETURN AVERAGED 0%, 6% AND 12% OVER A PERIOD OF YEARS, BUT ALSO FLUCTUATED ABOVE
OR BELOW THOSE AVERAGES FOR INDIVIDUAL CONTRACT YEARS. NO REPRESENTATIONS CAN BE
MADE BY ML OF NEW YORK OR THE SERIES FUND OR THE VARIABLE SERIES FUNDS OR THE
ZERO TRUSTS THAT THESE HYPOTHETICAL RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE
YEAR OR SUSTAINED OVER ANY PERIOD OF TIME.
38
<PAGE>
FLEXIBLE PREMIUM VARIABLE LIFE INSURANCE CONTRACT
MALE ISSUE AGE 55
$30,000 INITIAL PAYMENT FOR STANDARD-SIMPLIFIED UNDERWRITING CLASS
FACE AMOUNT: $58,438 GUARANTEE PERIOD: FOR LIFE
BASED ON MAXIMUM MORTALITY CHARGES
<TABLE>
<CAPTION>
END OF YEAR
DEATH BENEFIT (2)
ASSUMING HYPOTHETICAL
TOTAL GROSS
PAYMENTS ANNUAL INVESTMENT RETURN
MADE PLUS OF
INTEREST AT 5% AS --------------------------
CONTRACT YEAR PAYMENTS (1) OF END OF YEAR 0% 6% 12%
--------------------- -------------- ----------------- ------- ------- --------
<S> <C> <C> <C> <C> <C>
1................... $30,000 $ 31,500 $58,438 $59,009 $ 62,693
2................... 0 33,075 58,438 59,552 67,143
3................... 0 34,729 58,438 60,067 71,802
4................... 0 36,465 58,438 60,556 76,689
5................... 0 38,288 58,438 61,022 81,821
6................... 0 40,203 58,438 61,464 87,216
7................... 0 42,213 58,438 61,883 92,893
8................... 0 44,324 58,438 62,282 98,873
9................... 0 46,540 58,438 62,660 105,179
10 (age 65) ......... 0 48,867 58,438 63,019 111,832
15................... 0 62,368 58,438 64,743 151,674
20................... 0 79,599 58,438 66,516 205,757
30................... 0 129,658 58,438 70,213 378,938
</TABLE>
<TABLE>
<CAPTION>
END OF YEAR END OF YEAR
INVESTMENT BASE (2) CASH SURRENDER VALUE (2)
ASSUMING HYPOTHETICAL ASSUMING HYPOTHETICAL
GROSS GROSS
ANNUAL INVESTMENT RETURN ANNUAL INVESTMENT RETURN
OF OF
-------------------------- --------------------------
CONTRACT YEAR 0% 6% 12% 0% 6% 12%
--------------------- ------- ------- -------- ------- ------- --------
<S> <C> <C> <C> <C> <C> <C>
1................... $28,991 $30,767 $ 32,536 $26,561 $28,337 $ 30,106
2................... 27,973 31,541 35,286 25,813 29,381 33,126
3................... 26,948 32,326 38,272 25,058 30,436 36,382
4................... 25,916 33,119 41,511 24,296 31,499 39,891
5................... 24,875 33,922 45,025 23,525 32,572 43,675
6................... 23,825 34,734 48,834 22,745 33,654 47,754
7................... 22,765 35,552 52,961 21,955 34,742 52,151
8................... 21,691 36,372 57,424 21,151 35,832 56,884
9................... 20,600 37,193 62,248 20,330 36,923 61,978
10 (age 65) ......... 19,492 38,012 67,456 19,492 38,012 67,456
15................... 14,995 43,526 101,969 14,995 43,526 101,969
20................... 9,880 49,128 151,969 9,880 49,128 151,969
30................... 0 59,488 321,055 0 59,488 321,055
<FN>
- --------------------------
(1) All payments are illustrated as if made at the beginning of the contract
year.
(2) Assumes no loan has been made.
</TABLE>
IT IS EMPHASIZED THAT THE HYPOTHETICAL INVESTMENT RATES OF RETURN SHOWN ABOVE
AND ELSEWHERE IN THIS PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE
CONSIDERED A REPRESENTATION OF PAST OR FUTURE PERFORMANCE. ACTUAL RATES OF
RETURN MAY BE MORE OR LESS THAN THOSE ILLUSTRATED AND WILL DEPEND ON A NUMBER OF
FACTORS, INCLUDING THE INVESTMENT ALLOCATIONS SELECTED, PREVAILING INTEREST
RATES AND RATES OF INFLATION. THE DEATH BENEFIT, INVESTMENT BASE AND CASH
SURRENDER VALUE WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL GROSS RATES OF
RETURN AVERAGED 0%, 6% AND 12% OVER A PERIOD OF YEARS, BUT ALSO FLUCTUATED ABOVE
OR BELOW THOSE AVERAGES FOR INDIVIDUAL CONTRACT YEARS. NO REPRESENTATIONS CAN BE
MADE BY ML OF NEW YORK OR THE SERIES FUND OR THE VARIABLE SERIES FUNDS OR THE
ZERO TRUSTS THAT THESE HYPOTHETICAL RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE
YEAR OR SUSTAINED OVER ANY PERIOD OF TIME.
39
<PAGE>
FLEXIBLE PREMIUM VARIABLE LIFE INSURANCE CONTRACT
MALE ISSUE AGE 65
$35,000 INITIAL PAYMENT FOR STANDARD-SIMPLIFIED UNDERWRITING CLASS
FACE AMOUNT: $52,803 GUARANTEE PERIOD: FOR LIFE
BASED ON MAXIMUM MORTALITY CHARGES
<TABLE>
<CAPTION>
END OF YEAR
DEATH BENEFIT (2)
ASSUMING HYPOTHETICAL
TOTAL GROSS
PAYMENTS ANNUAL INVESTMENT RETURN
MADE PLUS OF
INTEREST AT 5% AS --------------------------
CONTRACT YEAR PAYMENTS (1) OF END OF YEAR 0% 6% 12%
--------------------- ------------ ----------------- ------- ------- --------
<S> <C> <C> <C> <C> <C>
1................... $35,000 $ 36,750 $52,803 $53,320 $ 56,653
2................... 0 38,588 52,803 53,812 60,682
3................... 0 40,517 52,803 54,280 64,904
4................... 0 42,543 52,803 54,726 69,332
5................... 0 44,670 52,803 55,149 73,984
6................... 0 46,903 52,803 55,552 78,875
7................... 0 49,249 52,803 55,934 84,022
8................... 0 51,711 52,803 56,298 89,444
9................... 0 54,296 52,803 56,642 95,161
10 (age 75) ......... 0 57,011 52,803 56,968 101,192
15................... 0 72,762 52,803 58,529 137,311
20................... 0 92,865 52,803 60,134 186,363
30................... 0 151,268 52,803 63,479 343,439
</TABLE>
<TABLE>
<CAPTION>
END OF YEAR END OF YEAR
INVESTMENT BASE (2) CASH SURRENDER VALUE (2)
ASSUMING HYPOTHETICAL ASSUMING HYPOTHETICAL
GROSS GROSS
ANNUAL INVESTMENT RETURN ANNUAL INVESTMENT RETURN
OF OF
-------------------------- --------------------------
CONTRACT YEAR 0% 6% 12% 0% 6% 12%
--------------------- ------- ------- -------- ------- ------- --------
<S> <C> <C> <C> <C> <C> <C>
1................... $33,670 $35,737 $ 37,794 $30,835 $32,902 $ 34,959
2................... 32,327 36,471 40,805 29,807 33,951 38,285
3................... 30,973 37,201 44,050 28,768 34,996 41,845
4................... 29,609 37,928 47,547 27,719 36,038 45,657
5................... 28,233 38,652 51,314 26,658 37,077 49,739
6................... 26,844 39,368 55,367 25,584 38,108 54,107
7................... 25,438 40,074 59,722 24,493 39,129 58,777
8................... 24,014 40,764 64,394 23,384 40,134 63,764
9................... 22,565 41,433 69,395 22,250 41,118 69,080
10 (age 75) ......... 21,090 42,076 74,739 21,090 42,076 74,739
15................... 14,910 46,626 109,387 14,910 46,626 109,387
20................... 8,216 50,949 157,896 8,216 50,949 157,896
30................... 0 59,153 320,031 0 59,153 320,031
<FN>
- --------------------------
(1) All payments are illustrated as if made at the beginning of the contract
year.
(2) Assumes no loan has been made.
</TABLE>
IT IS EMPHASIZED THAT THE HYPOTHETICAL INVESTMENT RATES OF RETURN SHOWN ABOVE
AND ELSEWHERE IN THIS PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE
CONSIDERED A REPRESENTATION OF PAST OR FUTURE PERFORMANCE. ACTUAL RATES OF
RETURN MAY BE MORE OR LESS THAN THOSE ILLUSTRATED AND WILL DEPEND ON A NUMBER OF
FACTORS, INCLUDING THE INVESTMENT ALLOCATIONS SELECTED, PREVAILING INTEREST
RATES AND RATES OF INFLATION. THE DEATH BENEFIT, INVESTMENT BASE AND CASH
SURRENDER VALUE WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL GROSS RATES OF
RETURN AVERAGED 0%, 6% AND 12% OVER A PERIOD OF YEARS, BUT ALSO FLUCTUATED ABOVE
OR BELOW THOSE AVERAGES FOR INDIVIDUAL CONTRACT YEARS. NO REPRESENTATIONS CAN BE
MADE BY ML OF NEW YORK OR THE SERIES FUND OR THE VARIABLE SERIES FUNDS OR THE
ZERO TRUSTS THAT THESE HYPOTHETICAL RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE
YEAR OR SUSTAINED OVER ANY PERIOD OF TIME.
40
<PAGE>
FLEXIBLE PREMIUM VARIABLE LIFE INSURANCE CONTRACT
JOINT INSUREDS: FEMALE ISSUE AGE 65/MALE ISSUE AGE 65
$35,000 INITIAL PAYMENT FOR STANDARD-SIMPLIFIED UNDERWRITING CLASS
FACE AMOUNT: $67,012 GUARANTEE PERIOD: FOR LIFE
BASED ON MAXIMUM MORTALITY CHARGES
<TABLE>
<CAPTION>
END OF YEAR
DEATH BENEFIT (2)
ASSUMING HYPOTHETICAL
TOTAL GROSS
PAYMENTS ANNUAL INVESTMENT RETURN
MADE PLUS OF
INTEREST AT 5% AS --------------------------
CONTRACT YEAR PAYMENTS (1) OF END OF YEAR 0% 6% 12%
--------------------- ------------ ----------------- ------- ------- --------
<S> <C> <C> <C> <C> <C>
1................... $35,000 $ 36,750 $67,012 $67,736 $ 72,041
2................... 0 38,588 67,012 68,416 77,275
3................... 0 40,517 67,012 69,054 82,733
4................... 0 42,543 67,012 69,654 88,436
5................... 0 44,670 67,012 70,218 94,408
6................... 0 46,903 67,012 70,748 100,670
7................... 0 49,249 67,012 71,247 107,248
8................... 0 51,711 67,012 71,716 114,166
9................... 0 54,296 67,012 72,159 121,450
10 (age 75) ......... 0 57,011 67,012 72,575 129,128
15................... 0 72,762 67,012 74,558 175,080
20................... 0 92,865 67,012 76,599 237,500
30................... 0 151,268 67,012 80,858 437,484
</TABLE>
<TABLE>
<CAPTION>
END OF YEAR END OF YEAR
INVESTMENT BASE (2) CASH SURRENDER VALUE (2)
ASSUMING HYPOTHETICAL ASSUMING HYPOTHETICAL
GROSS GROSS
ANNUAL INVESTMENT RETURN ANNUAL INVESTMENT RETURN
OF OF
------------------------- --------------------------
CONTRACT YEAR 0% 6% 12% 0% 6% 12%
--------------------- ------- ------- ------- ------- ------- --------
<S> <C> <C> <C> <C> <C> <C>
1................... $34,117 $36,198 $38,278 $30,652 $32,733 $ 34,813
2................... 33,218 37,420 41,867 30,138 34,340 38,787
3................... 32,298 38,664 45,789 29,603 35,969 43,094
4................... 31,357 39,927 50,071 29,047 37,617 47,761
5................... 30,390 41,206 54,739 28,465 39,281 52,814
6................... 29,395 42,497 59,820 27,855 40,957 58,280
7................... 28,367 43,796 65,342 27,212 42,640 64,187
8................... 27,301 45,094 71,329 26,531 44,324 70,559
9................... 26,190 46,384 77,805 25,805 45,999 77,420
10 (age 75) ......... 25,027 47,656 84,791 25,027 47,656 84,791
15................... 20,196 55,640 130,656 20,196 55,640 130,656
20................... 13,695 62,930 195,119 13,695 62,930 195,119
30................... 0 75,232 407,046 0 75,232 407,046
<FN>
- --------------------------
(1) All payments are illustrated as if made at the beginning of the contract
year.
(2) Assumes no loan has been made.
</TABLE>
IT IS EMPHASIZED THAT THE HYPOTHETICAL INVESTMENT RATES OF RETURN SHOWN ABOVE
AND ELSEWHERE IN THIS PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE
CONSIDERED A REPRESENTATION OF PAST OR FUTURE PERFORMANCE. ACTUAL RATES OF
RETURN MAY BE MORE OR LESS THAN THOSE ILLUSTRATED AND WILL DEPEND ON A NUMBER OF
FACTORS, INCLUDING THE INVESTMENT ALLOCATIONS SELECTED, PREVAILING INTEREST
RATES AND RATES OF INFLATION. THE DEATH BENEFIT, INVESTMENT BASE AND CASH
SURRENDER VALUE WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL GROSS RATES OF
RETURN AVERAGED 0%, 6% AND 12% OVER A PERIOD OF YEARS, BUT ALSO FLUCTUATED ABOVE
OR BELOW THOSE AVERAGES FOR INDIVIDUAL CONTRACT YEARS. NO REPRESENTATIONS CAN BE
MADE BY ML OF NEW YORK OR THE SERIES FUND OR THE VARIABLE SERIES FUNDS OR THE
ZERO TRUSTS THAT THESE HYPOTHETICAL RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE
YEAR OR SUSTAINED OVER ANY PERIOD OF TIME.
41
<PAGE>
EXAMPLES
ADDITIONAL PAYMENTS
If the guarantee period is for the whole of life at the time an additional
payment is received and accepted, as of the processing date on or next following
the date of the additional payment, ML of New York will increase the face amount
to the amount that the Contract's fixed base, as of such processing date, would
support for the life of the insured.
Under these circumstances the amount of the increase in face amount will depend
on the amount of the additional payment and the contract year in which it is
received and accepted. If additional payments of different amounts were made at
the same time to equivalent Contracts, the Contract to which the larger payment
is applied would have a proportionately larger increase in face amount. And if
additional payments of the same amounts were made in earlier and later years,
those made in the later years would result in smaller increases to the face
amount.
Example 1 shows the effect on face amount of a $2,000 additional payment
received and accepted at the beginning of contract year two. Example 2 shows the
effect of a $4,000 additional payment received and accepted at the beginning of
contract year two. Example 3 shows the effect of a $2,000 additional payment
received and accepted at the beginning of contract year five. All three examples
assume that the guarantee period at the time of the additional payment is for
life and assume no other contract transactions have been made.
MALE ISSUE AGE: 55
INITIAL PAYMENT: $30,000 FACE AMOUNT: $58,438
<TABLE>
<CAPTION>
EXAMPLE 1
---------------------------------------------
CONTRACT ADDITIONAL CHANGE IN NEW FACE
YEAR PAYMENT FACE AMOUNT AMOUNT
-------- ---------- ----------- --------
<S> <C> <C> <C>
2 $2,000 $3,802 $62,240
<CAPTION>
EXAMPLE 2
---------------------------------------------
CONTRACT ADDITIONAL CHANGE IN NEW FACE
YEAR PAYMENT FACE AMOUNT AMOUNT
-------- ---------- ----------- --------
<S> <C> <C> <C>
2 $4,000 $7,603 $66,041
<CAPTION>
EXAMPLE 3
---------------------------------------------
CONTRACT ADDITIONAL CHANGE IN NEW FACE
YEAR PAYMENT FACE AMOUNT AMOUNT
-------- ---------- ----------- --------
<S> <C> <C> <C>
5 $2,000 $3,511 $61,949
</TABLE>
CHANGING THE FACE AMOUNT
As of the processing date on or next following receipt and acceptance of a
request for a change in face amount, ML of New York will make the requested
change and adjust the guarantee period. For an increase in face amount, ML of
New York will decrease the guarantee period and for a decrease in face amount,
ML of New York will increase the guarantee period. To decrease the face amount,
the guarantee period must be less than for the whole of life at the time of the
request. A new guarantee period is established by taking the Contract's fixed
base as of the processing date and determining how long that fixed base would
support the face amount.
The amount of the increase or decrease in the guarantee period will depend on
the amount of increase or decrease in the face amount and the contract year in
which the change is made. If made at the same time to equivalent Contracts, a
larger increase in face amount would result in a greater decrease in the
guarantee period than a smaller increase in face amount. The same increase made
in two different years would result in a smaller decrease in the guarantee
period for the increase in face amount made in the later year.
Examples 1 and 2 show the effect on the guarantee period of an increase in face
amount of $10,000 and $20,000 made at the beginning of contract year five.
Example 3 shows the effect on the guarantee period
42
<PAGE>
of an increase in face amount of $10,000 made in contract year eight. All three
examples assume that the guarantee period at the time of the requested increase
in face amount is for life and assume no other Contract transactions have been
made.
MALE ISSUE AGE: 55
INITIAL PAYMENT: $30,000 FACE AMOUNT: $58,438
<TABLE>
<CAPTION>
EXAMPLE 1
----------------------------------------
DECREASE IN
CONTRACT INCREASE IN GUARANTEE
YEAR FACE AMOUNT PERIOD
-------- ----------- ----------------
<S> <C> <C>
5 $10,000 16.00 years
<CAPTION>
EXAMPLE 2
----------------------------------------
DECREASE IN
CONTRACT INCREASE IN GUARANTEE
YEAR FACE AMOUNT PERIOD
-------- ----------- ----------------
<S> <C> <C>
5 $20,000 19.75 years
<CAPTION>
EXAMPLE 3
----------------------------------------
DECREASE IN
CONTRACT INCREASE IN GUARANTEE
YEAR FACE AMOUNT PERIOD
-------- ----------- ----------------
<S> <C> <C>
8 $10,000 15.5 years
</TABLE>
PARTIAL WITHDRAWALS
As of the processing date on or next following any partial withdrawal, ML of New
York will reduce the Contract's face amount. The new face amount is established
by taking the Contract's fixed base as of the processing date and determining
what face amount that fixed base would support for the Contract's guarantee
period.
The amount of the reduction in the face amount will depend on the amount of the
partial withdrawal, the guarantee period at the time of the withdrawal and the
contract year in which the withdrawal is made. If made at the same time to
equivalent Contracts, a larger withdrawal would result in a greater reduction in
the face amount than a smaller withdrawal. The same partial withdrawal made at
the same time from Contracts with the same face amounts but with different
guarantee periods would result in a greater reduction in the face amount for the
Contract with the longer guarantee period. A partial withdrawal made in a later
contract year would result in a smaller decrease in the face amount than if the
same amount was withdrawn in an earlier year.
Examples 1 and 2 show the effect on the face amount of partial withdrawals for
$500 and $1,000 taken at the beginning of contract year three. Example 3 shows
the effect on the face amount of a $500 partial withdrawal taken at the
beginning of contract year eight. All three examples assume that the guarantee
period was for the lifetime of the insured before the partial withdrawal and
assume no other contract transactions have been made.
MALE ISSUE AGE: 55
INITIAL PAYMENT: $30,000 FACE AMOUNT: $58,438
<TABLE>
<CAPTION>
EXAMPLE 1
-----------------------------------
CONTRACT PARTIAL
YEAR WITHDRAWAL FACE AMOUNT
-------- ----------- -----------
<S> <C> <C>
3 $ 500 $57,421
<CAPTION>
EXAMPLE 2
-----------------------------------
CONTRACT PARTIAL
YEAR WITHDRAWAL FACE AMOUNT
-------- ----------- -----------
<S> <C> <C>
3 $1,000 $56,404
<CAPTION>
EXAMPLE 3
-----------------------------------
CONTRACT PARTIAL
YEAR WITHDRAWAL FACE AMOUNT
-------- ----------- -----------
<S> <C> <C>
8 $ 500 $57,544
</TABLE>
43
<PAGE>
If the reduction in face amount would be below the minimum face amount for a
Contract, ML of New York will reduce the face amount to the minimum face amount,
and then reduce the guarantee period by taking the Contract's fixed base as of
the processing date and determining how long that fixed base would support the
reduced face amount.
JOINT INSUREDS
Contract owners may purchase a Contract on the lives of two insureds. Some of
the discussions in this Prospectus applicable to the Contract apply only to a
Contract on a single insured. Set out below are the modifications to the
designated sections of this Prospectus for joint insureds. Except in the
sections noted below, the discussions in this Prospectus referencing a single
insured can be read as though the single insured were the two insureds under a
joint Contract.
AVAILABILITY AND PAYMENTS (REFERENCE PAGE 5)
A Contract may be issued for insureds up to age 80. The minimum initial payment
for a Contract is $5,000 if either insured is under age 20. If neither insured
is under age 20 the minimum initial payment is $10,000.
ML of New York will not accept an initial payment that will provide a guarantee
period of less than the minimum guarantee period for which it would then issue a
Contract based on the age of the younger insured. Such minimum will range from
10 to 40 years depending on the age of the younger insured.
WHO MAY BE COVERED (REFERENCE PAGE 11)
ML of New York will issue a Contract on the lives of two insureds provided the
relationship among the applicant and the insureds meets its insurable interest
requirements and provided neither insured is over age 80 and no more than one
insured is under age 20. The insureds' issue ages will be determined using their
ages as of their birthdays nearest the contract date.
The initial payment, or the planned periodic payments elected, and the average
age of the insureds determine whether underwriting will be done on a simplified
or medical basis. The maximum amount underwritten on a simplified basis for
joint insureds depends on ML of New York's administrative rules in effect at the
time of underwriting.
Under both simplified and medical underwriting methods, Contracts may be issued
on joint insureds in a standard underwriting class only.
INITIAL PAYMENT (REFERENCE PAGE 12)
The minimum initial payment for a Contract is $5,000 if either insured is under
age 20. If neither insured is under age 20 the minimum initial payment is
$10,000.
ML of New York will not accept an initial payment for a specified face amount
that will provide a guarantee period of less than the minimum guarantee period
for which ML of New York would then issue a Contract based on the age of the
younger insured. The minimum will range from 10 to 40 years depending on the age
of the younger insured.
MAKING ADDITIONAL PAYMENTS
PAYMENTS WHICH ARE NOT UNDER A PERIODIC PLAN (REFERENCE PAGE 13). Contract
owners may make additional payments which are not under a periodic payment plan
only if both insureds are living and the attained ages of both insureds are not
over 80.
PAYMENTS UNDER A PERIODIC PLAN (REFERENCE PAGE 13). Contract owners may change
the frequency and the amount of planned payments provided both insureds are
living.
Planned payments must be received while at least one insured is living and not
more than 30 days before or 30 days after the date specified for payment.
44
<PAGE>
EFFECT OF ADDITIONAL PAYMENTS (REFERENCE PAGE 14). If the guarantee period
prior to receipt and acceptance of an additional payment is less than for the
life of the last surviving insured, the payment will first be used to extend the
guarantee period to the whole of life of the younger insured.
CHANGING THE FACE AMOUNT
INCREASING THE FACE AMOUNT (REFERENCE PAGE 15). Contract owners may increase
the face amount of their Contracts only if both insureds are living. A change in
face amount is not permitted if the attained age of either insured is over 80.
DECREASING THE FACE AMOUNT (REFERENCE PAGE 15). Contract owners may decrease
the face amount of their Contracts if either insured is living.
CHARGES DEDUCTED FROM THE INVESTMENT BASE
DEFERRED CONTRACT LOADING (REFERENCE PAGE 16). The deferred contract loading
equals 11% of each payment. This charge consists of a sales load, a charge for
federal taxes and a state and local premium tax charge.
The sales load, equal to 7% of each payment, compensates ML of New York for
sales expenses. The sales load may be reduced if cumulative payments are
sufficiently high to reach certain breakpoints (4% of payments in excess of $1.5
million and 2% of payments in excess of $4 million). The charge for federal
taxes, equal to 2% of each payment, compensates ML of New York for a
significantly higher corporate income tax liability resulting from changes made
to the Internal Revenue Code by the Omnibus Budget Reconciliation Act of 1990.
(See "ML of New York's Income Taxes" on page 30.) The state and local premium
tax charge, equal to 2% of payments, compensates ML of New York for state and
local premium taxes that must be paid when a payment is accepted.
ML of New York deducts an amount equal to 1.1% of each payment from the
investment base on each of the ten contract anniversaries following payment.
MORTALITY COST (REFERENCE PAGE 17). For Contracts issued on joint insureds,
current cost of insurance rates are equal to the guaranteed maximum cost of
insurance rates set forth in the Contract. Those rates are based on the 1980
Commissioners Aggregate Mortality Table and do not distinguish between insureds
in a smoker underwriting class and insureds in a non-smoker underwriting class.
The cost of insurance rates are based on an aggregate class which is made up of
a blend of smokers and non-smokers.
GUARANTEE PERIOD
WHEN THE GUARANTEE PERIOD IS LESS THAN FOR LIFE (REFERENCE PAGE 18). If ML of
New York cancels a Contract, it may be reinstated only if neither insured has
died between the date the Contract was terminated and the effective date of the
reinstatement and the contract owner meets the other conditions listed on page
19.
NET CASH SURRENDER VALUE
CANCELLING TO RECEIVE NET CASH SURRENDER VALUE (REFERENCE PAGE 19). Contract
owners may cancel their Contracts at any time while either insured is living.
DEATH BENEFIT PROCEEDS (REFERENCE PAGE 22)
ML of New York will pay the death benefit proceeds to the beneficiary when all
information needed to process the payment, including due proof of the last
surviving insured's death, has been received at the Service Center. Proof of
death for both insureds must be received. There is no death benefit payable at
the first death.
If one of the insureds should die within two years from the Contract's issue
date, within two years from the effective date of any increase in face amount
requested or within two years from the date an additional payment was received
and accepted, proof of the insured's death should be sent promptly to the
Service Center since ML of New York may only pay a limited benefit or contest
the Contract. (See "Incontestability" and "Payment in Case of Suicide" on page
26.)
45
<PAGE>
NET SINGLE PREMIUM FACTOR (REFERENCE PAGE 21). The net single premium factors
are based on the insureds' sexes and underwriting classes and the attained ages
on the date of calculation.
PAYMENT OF DEATH BENEFIT PROCEEDS (REFERENCE PAGE 22)
If payment is delayed, ML of New York will add interest from the date of the
last surviving insured's death to the date of payment at an annual rate of at
least 4%.
RIGHT TO CANCEL ("FREE LOOK" PERIOD) OR EXCHANGE
EXCHANGING THE CONTRACT (REFERENCE PAGE 22). A contract owner may exchange his
or her Contract for a joint and last survivor contract with benefits that don't
vary with the investment results of a separate account.
USING THE CONTRACT
OWNERSHIP (REFERENCE PAGE 23). The contract owner is usually one of the
insureds, unless another owner has been named in the application.
The contract owner may want to name a contingent owner in the event the contract
owner dies before the last surviving insured. The contingent owner would then
own the contract owner's interest in the Contract and have all the contract
owner's rights.
NAMING BENEFICIARIES (REFERENCE PAGE 23). ML of New York pays the primary
beneficiary the proceeds of this Contract on the last surviving insured's death.
If no contingent beneficiary is living, ML of New York pays the last surviving
insured's estate.
CHANGING THE INSURED (REFERENCE PAGE 24). Not available for joint insureds.
MATURITY PROCEEDS (REFERENCE PAGE 24). The maturity date is the contract
anniversary nearest the younger insured's 100th birthday. On the maturity date,
ML of New York will pay the net cash surrender value to the contract owner,
provided either insured is living.
OTHER CONTRACT PROVISIONS
INCONTESTABILITY (REFERENCE PAGE 26). ML of New York will not contest the
validity of a Contract after it has been in effect during the lifetimes of
either insured for two years from the issue date. It will not contest any change
in face amount requested after the change has been in effect during the lifetime
of either insured for two years from the date of the change. Nor will ML of New
York contest any amount of death benefit attributable to an additional payment
which requires evidence of insurability after the death benefit has been in
effect during the lifetime of either insured for two years from the date the
payment has been received and accepted.
PAYMENT IN CASE OF SUICIDE (REFERENCE PAGE 26). If either insured commits
suicide within two years from the issue date, ML of New York will pay only a
limited benefit and terminate the Contract. The benefit will be equal to the
payments made reduced by any debt.
If either insured commits suicide within two years of the effective date of any
increase in face amount requested, the coverage attributable to the increase
will be terminated and a limited benefit will be paid. The benefit will be
limited to the amount of mortality cost deductions made for the increase.
If either insured commits suicide within two years of any date an additional
payment is received and accepted, the coverage attributable to the payment will
be terminated and only a limited benefit will be paid. The benefit will be equal
to the payment less any debt attributable to amounts borrowed during the two
years from the date the payment was received and accepted.
Within 90 days of the death of the first insured, the owner may elect to apply
the amount of the limited benefit to a single life contract on the life of the
surviving insured, subject to the following provisions:
- the new contract's issue date will be the date of death of the deceased
insured;
- the insurance age will be surviving insured's attained age on the new
contract's issue date;
46
<PAGE>
- no medical examination or other evidence of insurability will be required
for the new contract;
- the face amount of the new contract will be determined by applying the
limited benefit amount as a single premium payment under the new contract.
The face amount of the new contract may not exceed the face amount of this
Contract;
- a written request for a new contract must be received at the Service
Center;
- the new contract cannot involve any other life;
- additional benefits or riders available on this Contract will be available
with the new contract only with ML of New York's consent;
- the new contract will be issued at ML of New York's then current rates for
the surviving insured's attained age, based on the underwriting class
assigned to the surviving insured when this Contract was underwritten. The
underwriting class for the new contract may differ from that of this
Contract; and
- if the amount of insurance that would be purchased under the new contract
falls below the minimum insurance amounts currently allowed, this option
will not be available.
ESTABLISHING SURVIVORSHIP (ONLY APPLICABLE TO JOINT INSUREDS). If ML of New
York is unable to determine which of the insureds was the last survivor on the
basis of the proofs of death provided, it will consider insured No. 1 as
designated in the application to be the last surviving insured.
INCOME PLANS (REFERENCE PAGE 26)
If no plan has been chosen when the last surviving insured dies, the beneficiary
has one year to apply the death benefit proceeds either paid or payable to him
or her to one or more of the income plans.
47
<PAGE>
MORE ABOUT ML LIFE INSURANCE COMPANY OF NEW YORK
DIRECTORS AND EXECUTIVE OFFICERS
ML of New York's directors and executive officers and their positions with the
Company are as follows:
<TABLE>
<CAPTION>
NAME POSITION(S) WITH THE COMPANY
<S> <C>
Anthony J. Vespa Chairman of the Board, President, and Chief
Executive Officer
Joseph E. Crowne Director, Senior Vice President, Chief
Financial Officer, Chief Actuary, and
Treasurer
Barry G. Skolnick Director, Senior Vice President, and General
Counsel
David M. Dunford Director, Senior Vice President, and Chief
Investment Officer
John C.R. Hele Director and Senior Vice President
Frederick J.C. Butler Director
Michael P. Cogswell Director, Vice President, and Senior Counsel
Robert L. Israeloff Director
Allen N. Jones Director
Cynthia L. Kahn Director
Robert A. King Director
Irving M. Pollack Director
William A. Wilde Director
Robert J. Boucher Senior Vice President, Variable Life
Administration
</TABLE>
Each director is elected to serve until the next annual meeting of shareholders
or until his or her successor is elected and shall have qualified. Some
directors have held various executive positions with insurance company
subsidiaries of the Company's indirect parent, Merrill Lynch & Co., Inc. The
principal positions of the Company's directors and executive officers for the
past five years are listed below:
Mr. Vespa joined ML of New York in February 1994. Since February 1994, he has
held the position of Senior Vice President of Merrill Lynch, Pierce, Fenner &
Smith Incorporated. From February 1991 to February 1994, he held the position of
District Director and First Vice President of Merrill Lynch, Pierce, Fenner &
Smith Incorporated. From September 1988 to February 1991, he held the position
of Senior Resident Vice President of Merrill, Lynch, Pierce, Fenner & Smith
Incorporated.
Mr. Crowne joined ML of New York in June 1991. From January 1989 to May 1991, he
was a Principal with Coopers & Lybrand.
Mr. Skolnick joined ML of New York in November 1989. He joined Merrill Lynch,
Pierce, Fenner & Smith Incorporated in July 1984. Since May 1992, he has held
the position of Assistant General Counsel of Merrill Lynch & Co., Inc. and First
Vice President of Merrill Lynch, Pierce, Fenner & Smith Incorporated. Prior to
May 1992, he held the position of Senior Counsel of Merrill Lynch & Co., Inc.
Mr. Dunford joined ML of New York in July 1990. He joined Merrill Lynch, Pierce,
Fenner & Smith Incorporated in September 1989. Prior to September 1989, he held
the position of President of Travelers Investment Management Co.
48
<PAGE>
Mr. Butler joined ML of New York in April 1991. Since November 1991, he has held
the position of Chairman of Butler, Chapman & Co., Inc. Prior to April 1991, he
served as Managing Director of the Investment Banking Division of Merrill Lynch
& Co., Inc.
Mr. Cogswell has been with ML of New York since November of 1990. Prior to
November of 1990, he was an Assistant Counsel of UNUM Life Insurance Company.
Mr. Hele joined ML of New York in September 1990. He joined Merrill Lynch,
Pierce, Fenner & Smith Incorporated in August 1988.
Mr. Israeloff joined ML of New York in April 1991. Since 1964, he has been
Chairman and Executive Partner of Israeloff, Trattner & Co., CPAs, P.C., a
public accounting firm.
Mr. Jones joined ML of New York in June 1992. Since May 1992, he has held the
positions of Senior Vice President of Merrill Lynch, Pierce, Fenner & Smith
Incorporated. From June 1992 to February 1994, he held the position of Chairman
of the Board, President, and Chief Executive Officer of ML of New York. From
January 1992 to June 1992, he held the position of First Vice President of
Merrill Lynch, Pierce, Fenner & Smith Incorporated. From January 1991 to January
1992, he held the position of District Director of Merrill Lynch, Pierce, Fenner
& Smith Incorporated. Prior to January 1991, he held the position of Senior
Resident Vice President of Merrill Lynch, Pierce, Fenner & Smith Incorporated.
Ms. Kahn joined ML of New York in November 1993. She is a partner at the law
firm of Rogers & Wells. She has been associated with Rogers & Wells since 1984.
Mr. King joined ML of New York in April 1991. Since February 1991, he has been
Vice President for Finance at Marymount College, Tarrytown, New York. From March
1973 until February 1991, he served as Managing Director of Merrill Lynch
Capital Markets.
Mr. Pollack joined ML of New York in April 1991. In 1980, he retired from the
Securities and Exchange Commission after thirty years of service, and having
served as an SEC Commissioner from 1974 to 1980. Since 1980, he has practiced
law and been a private consultant in the securities and capital markets fields.
Mr. Wilde joined ML of New York in March 1991. He joined Merrill Lynch, Pierce,
Fenner & Smith Incorporated in 1976. Since 1985, he has been a Director and
Senior Vice President of Merrill Lynch Life Agency Inc.
Mr. Boucher joined ML of New York in May 1992. Prior to May 1992, he held the
position of Vice President of Monarch Financial Services, Inc. (formerly Monarch
Resources, Inc.)
No shares of ML of New York are owned by any of its officers or directors, as it
is a wholly owned subsidiary of Merrill Lynch Insurance Group, Inc. The officers
and directors of ML of New York, both individually and as a group, own less than
one percent of the outstanding shares of common stock of Merrill Lynch & Co.,
Inc.
SERVICES ARRANGEMENT
ML of New York and its parent, Merrill Lynch Insurance Group ("MLIG"), are
parties to a service agreement pursuant to which MLIG has agreed to provide
certain data processing, legal, actuarial, management, advertising and other
services to ML of New York, including services related to the Separate Account
and the Contracts. Expenses incurred by MLIG in relation to this service
agreement are reimbursed by ML of New York on an allocated cost basis. Charges
billed to ML of New York by MLIG pursuant to the agreement were $4.0 million
during 1994.
STATE REGULATION
ML of New York is subject to the laws of the State of New York and to the
regulations of the New York Insurance Department (the "Department"). A detailed
financial statement in the prescribed form (the "Annual Statement") is filed
with the Department each year covering ML of New York's operations for the
preceeding year and its financial condition as of the end of that year.
Regulation by the Department includes periodic examination to determine contract
liabilities and reserves so that the Department may certify that these items are
correct. ML of New York's books and accounts are subject to review by the
Department at all times. A full examination of ML of New York's operations is
conducted periodically by
49
<PAGE>
the Department and under the auspices of the National Association of Insurance
Commissioners. ML of New York is also subject to the insurance laws and
regulations of all jurisdictions in which it is licensed to do business.
LEGAL PROCEEDINGS
There are no legal proceedings to which the Separate Account is a party or to
which the assets of the Separate Account are subject. ML of New York and Merrill
Lynch, Pierce, Fenner & Smith Incorporated are engaged in various kinds of
routine litigation that, in the Company's judgment, is not material to ML of New
York's total assets or to Merrill Lynch, Pierce, Fenner & Smith Incorporated.
EXPERTS
The financial statements of ML of New York as of December 31, 1994 and 1993 and
for each of the three years in the period ended December 31, 1994 and of the
Separate Account as of December 31, 1994 and for the periods presented, included
in this Prospectus have been audited by Deloitte & Touche LLP, independent
auditors as stated in their reports appearing herein, and have been so included
in reliance upon the reports of such firm given upon their authority as experts
in accounting and auditing. Deloitte & Touche LLP's principal business address
is Two World Financial Center, New York, New York 10281-1433.
Actuarial matters included in this Prospectus have been examined by Joseph E.
Crowne, F.S.A., Chief Actuary and Chief Financial Officer of ML of New York, as
stated in his opinion filed as an exhibit to the registration statement.
LEGAL MATTERS
The organization of the Company, its authority to issue the Contract, and the
validity of the form of the Contract have been passed upon by Barry G. Skolnick,
ML of New York's Senior Vice President and General Counsel. Sutherland, Asbill &
Brennan of Washington, D.C. has provided advice on certain matters relating to
federal securities laws.
REGISTRATION STATEMENTS
Registration statements have been filed with the Securities and Exchange
Commission under the Securities Act of 1933 and the Investment Company Act of
1940 that relate to the Contract and its investment options. This Prospectus
does not contain all of the information in the registration statements as
permitted by Securities and Exchange Commission regulations. The omitted
information can be obtained from the Securities and Exchange Commission's
principal office in Washington, D.C., upon payment of a prescribed fee.
FINANCIAL STATEMENTS
The financial statements of ML of New York, included herein, should be
distinguished from the financial statements of the Separate Account and should
be considered only as bearing upon the ability of ML of New York to meet its
obligations under the Contracts.
50
<PAGE>
INDEPENDENT AUDITORS' REPORT
To the Board of Directors of
ML Life Insurance Company of New York
We have audited the accompanying statement of net assets of
ML of New York Variable Life Separate Account II (the
"Account") as of December 31, 1994 and the related
statements of earnings (losses) and changes in net assets
for each of the three years in the period then ended. These
financial statements are the responsibility of the
management of ML Life Insurance Company of New York. Our
responsibility is to express an opinion on these financial
statements based on our audits.
We conducted our audits in accordance with generally
accepted auditing standards. Those standards require that we
plan and perform the audit to obtain reasonable assurance
about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis,
evidence supporting the amounts and disclosures in the
financial statements. Our procedures included confirmation
of mutual fund securities owned at December 31, 1994, by
correspondence with the funds' transfer agent. An audit also
includes assessing the accounting principles used and
significant estimates made by management, as well as
evaluating the overall financial statement presentation. We
believe that our audits provide a reasonable basis for our
opinion.
In our opinion, such financial statements present fairly, in
all material respects, the financial position of the Account
at December 31, 1994 and the results of its operations and
the changes in its net assets for the above periods in
conformity with generally accepted accounting principles.
Our audits were conducted for the purpose of forming an
opinion on the basic financial statements taken as a whole.
The supplemental schedules included herein are presented for
the purpose of additional analysis and are not a required
part of the basic financial statements. These schedules are
the responsibility of the Company's management. Such
schedules have been subjected to the auditing procedures
applied in our audits of the basic financial statements and,
in our opinion, are fairly stated in all material respects
when considered in relation to the basic financial
statements taken as a whole.
/s/Deloitte & Touche LLP
February 8, 1995
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
STATEMENT OF NET ASSETS AT DECEMBER 31, 1994
===============================================================================
<TABLE>
<CAPTION>
ASSETS: Market
Cost Shares Value
================= ================ =================
<S> <C> <C> <C>
Investments in Merrill Lynch Series Fund, Inc. (Note A):
Money Reserve Portfolio $ 1,148,900 1,148,900 $ 1,148,900
Intermediate Government Bond Portfolio 94,178 8,568 88,421
Long-Term Corporate Bond Portfolio 65,518 5,631 60,368
Capital Stock Portfolio 387,942 16,981 367,468
Growth Stock Portfolio 465,592 22,012 422,626
Multiple Strategy Portfolio 1,304,325 75,756 1,228,766
High Yield Portfolio 124,780 13,516 115,290
Natural Resources Portfolio 89,142 11,601 86,197
Global Strategy Portfolio 1,962,203 131,667 1,914,433
Balanced Portfolio 140,383 10,066 133,571
----------------- -----------------
5,782,963 5,566,040
----------------- -----------------
Investment in Merrill Lynch Variable Series Funds, Inc. (Note A):
Global Utility Focus Fund 3,496 355 3,357
International Equity Focus Fund 119,753 10,647 116,050
World Income Focus Fund 1,037 109 1,002
Basic Value Focus Fund 95,315 8,537 94,761
Developing Capital Markets Focus Fund 109,333 10,516 100,004
----------------- -----------------
328,934 315,174
----------------- -----------------
Investment in Unit Investment Trusts (Note A):
Stripped ("Zero") U.S. Treasury Securities, Series A through K:
1995 Trust 3 3 3
1996 Trust 2,834 3,113 2,876
1997 Trust 2,849 3,306 2,830
1998 Trust 7,453 9,289 7,339
1999 Trust 2,784 3,719 2,718
2000 Trust 26,807 38,097 25,860
2005 Trust 8,000 17,032 7,881
2009 Trust 5,303 15,830 5,315
2013 Trust 1,568 5,772 1,396
----------------- -----------------
57,601 56,218
----------------- -----------------
Dividend Receivable 1,171
-----------------
Total Assets $ 6,169,498 5,938,603
================= -----------------
LIABILITIES
Payable to Merrill Lynch Series Fund, Inc. 13,628
Payable to Merrill Lynch Variable Series Fund, Inc. 696
Payable to ML Life Insurance Company of New York 98,514
-----------------
Total Liabilities 112,838
-----------------
Net Assets $ 5,825,765
=================
</TABLE>
See Notes to Financial Statements
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
STATEMENTS OF EARNINGS (LOSSES) AND CHANGES IN NET ASSETS
FOR THE YEARS ENDED DECEMBER 31, 1994, 1993 AND THE PERIOD FROM JUNE 30, 1992
(Date of Inception) TO DECEMBER 31, 1992
===============================================================================
<TABLE>
<CAPTION>
1994 1993 1992
================= ================= =================
<S> <C> <C> <C>
Reinvested Dividends $ 268,953 $ 32,519 $ 104
Net Gains (Losses):
Realized (14,386) 3,446 0
Unrealized (356,936) 124,757 112
----------------- ----------------- -----------------
Investment Earnings (Losses) (102,369) 160,722 216
Mortality and Expense Charges (Note C) (39,147) (11,042) (3)
Transaction Charges ( Note D ) (139) (45) 0
----------------- ----------------- -----------------
Net Earnings (Losses) (141,655) 149,635 213
Capital Shares Transactions:
Transfers of Net Premiums 2,992,673 2,646,293 5,882
Transfers of Policy Loading, Net 242,105 203,968 582
Transfers Due to Deaths (4,709) 0 0
Transfers Due to Other Terminations (42,335) (470) 0
Transfers Due to Policy Loans (26,381) (2,977) 0
Transfers of Cost of Insurance (142,930) (53,905) (36)
Transfers of Loan Processing Charges (180) (8) 0
----------------- ----------------- -----------------
Increase in Net Assets 2,876,588 2,942,536 6,641
Net Assets Beginning Balance 2,949,177 6,641 0
----------------- ----------------- -----------------
Net Assets Ending Balance $ 5,825,765 $ 2,949,177 $ 6,641
================= ================= =================
</TABLE>
See Notes to Financial Statements
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
Notes to Financial Statements
Note A - ML of New York Variable Life Separate Account II
("Account"), a separate account of ML Life Insurance Company
of New York ("ML of New York") was established by a board of
directors resolution on December 4, 1991 and is governed by
New York State Insurance Law. The Account is registered as a
unit investment trust under the Investment Company Act of
1940 and consists of thirty-five investment divisions
(thirty-six during the year). Ten of the divisions each
invest in the securities of a single mutual fund portfolio
of Merrill Lynch Series Fund, Inc. ("Series Fund"). Six of
the divisions each invest in the securities of a single
mutual fund portfolio of Merrill Lynch Variable Series
Funds, Inc. ("Variable Series Funds"). The portfolios of the
Series Fund and Variable Series Funds have varying
investment objectives relative to growth of capital and
income. The Series Fund receives investment advice from
Merrill Lynch Asset Management, L.P. ("MLAM") for a fee
calculated at an effective annual rate of .50% of the first
$250 million of the aggregate average daily net assets of
the investment divisions investing in the Series Fund with
declining rates to .30% of such assets over $800 million.
The Variable Series Funds receives investment advise from
MLAM for a fee at an effective annual rate of .60% of the
average daily net assets of the Basic Value Focus, World
Income Focus, Global Utility Focus and International Bond
Funds, .75% of such assets of the International Equity Focus
Fund and 1.00% of such assets of the Developing Capital
Markets Fund. Nineteen of the divisions (twenty during the
year) each invest in the securities of a single trust of the
Merrill Lynch Fund of Stripped ("Zero") U.S. Treasury
Securities, Series A through K. Each trust of the Series
consists of Stripped Treasury Securities with a fixed
maturity date and a Treasury Note deposited to provide
income to pay expenses of the trust.
The Account was formed by ML of New York, an indirect wholly-
owned subsidiary of Merrill Lynch & Co., Inc. ("Merrill") to
support ML of New York's operations respecting certain
variable life insurance contracts ("Contracts"). The assets
of the Account are the property of ML of New York. The
portion of the Account's assets applicable to the Contracts
are not chargeable with liabilities arising out of any other
business ML of New York may conduct.
The change in net assets maintained in the Account provides
the basis for the periodic determination of the amount of
increased or decreased benefits under the Contracts.
The net assets may not be less than the amount required
under New York insurance law to provide for death benefits
(without regard to the minimum death benefit guarantee) and
other Contract benefits.
Note B - The significant accounting policies of the Account
are as follows:
Investments are made in the divisions and are valued at the
net asset values of the respective Portfolios.
Transactions are recorded on the trade date.
Income from dividends is recognized as of the ex-dividend
date. All dividends are automatically reinvested.
Realized gains and losses on the sales of investments are
computed on the first in first out method.
The operations of the Account are included in the Federal
income tax return of ML of New York. Under the provisions of
the Contracts, ML of New York has the right to charge the
Account for any Federal income tax attributable to the
Account. No charge is currently being made against the
Account for income taxes since, under current tax law, ML of
New York pays no tax on investment income and capital gains
reflected in variable life insurance contract reserves.
However, ML of New York retains the right to charge for any
Federal income tax incurred which is attributable to the
Account if the law is changed. Contract loading, however,
includes a charge for a significantly higher Federal income
tax liability of ML of New York (see Note C). Charges for
state and local taxes, if any, attributable to the Account
may also be made.
Note C - ML of New York assumes mortality and expense risks
related to the operations of the Account and deducts a daily
charge from the assets of the Account to cover these risks.
The daily charges are equal to a rate of .90% (on an annual
basis) of the net assets for Contract owners.
ML of New York makes certain deductions from each premium.
For certain Contracts, the deductions are made before the
premium is allocated to the Account. For other Contracts,
the deductions are taken in equal installments on the first
through tenth contract anniversaries. The deductions are for
(1) sales load, (2) Federal taxes, and (3) state and local
premium taxes.
In addition, for certain Contracts, the cost of providing
life insurance coverage for the insureds will be deducted
from the investment base on the contract date and all
subsequent processing dates. For other Contracts, the cost
of providing life insurance coverage will be deducted only
on processing dates. This cost will vary dependent upon the
insured's underwriting class, sex, attained age of each
insured and the Contract's net amount at risk.
Note D - ML of New York pays all transaction charges to
Merrill Lynch, Pierce, Fenner & Smith Inc., sponsor of the
unit investment trusts, on the sale of Series A through K
Unit Investment Trusts units to the Account and deducts a
daily asset charge against the assets of each trust for the
reimbursement of these transaction charges. The asset charge
is equivalent to an effective annual rate of .34% (annually
at the beginning of the year) of net assets for Contract
owners.
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
SUPPLEMENTAL CONSOLIDATING SCHEDULE OF EARNINGS (LOSSES) AND CHANGES IN NET
ASSETS
FOR THE YEAR ENDED DECEMBER 31, 1994
===============================================================================
<TABLE>
<CAPTION>
Divisions Investing In
=======================================================================
Intermediate Long-Term
Money Government Corporate Capital
Reserve Bond Bond Stock
Portfolio Portfolio Portfolio Portfolio
================= ================= ================= =================
<S> <C> <C> <C> <C>
Reinvested Dividends $ 41,342 $ 4,966 $ 5,571 $ 22,713
Net Gains (Losses):
Realized 0 (1,373) (2,463) (193)
Unrealized 0 (5,684) (5,516) (36,308)
----------------- ----------------- ----------------- -----------------
Investment Earnings (Losses) 41,342 (2,091) (2,408) (13,788)
Mortality and Expense Charges (Note C) (7,682) (579) (500) (2,624)
Transaction Charges (Note D) 0 0 0 0
----------------- ----------------- ----------------- -----------------
Net Earnings (Losses) 33,660 (2,670) (2,908) (16,412)
Capital Shares Transactions:
Transfers of Net Premiums 2,182,917 16,259 14,303 87,258
Transfers of Policy Loading, Net 204,854 838 297 3,860
Transfers Due to Deaths (4,709) 0 0 0
Transfers Due to Other Terminations (19,061) (47) (34) (3,606)
Transfers Due to Policy Loans (3,291) 0 (8,090) 0
Transfers of Cost of Insurance (11,687) (1,890) (1,766) (12,541)
Transfers of Loan Processing Charges (61) (2) (1) (9)
Transfers Among Investment Divisions (2,135,609) 57,882 15,300 114,987
----------------- ----------------- ----------------- -----------------
Increase (Decrease) in Net Assets 247,013 70,370 17,101 173,537
Net Assets Beginning Balance 791,336 18,031 43,240 193,851
----------------- ----------------- ----------------- -----------------
Net Assets Ending Balance $ 1,038,349 $ 88,401 $ 60,341 $ 367,388
================= ================= ================= =================
</TABLE>
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
SUPPLEMENTAL CONSOLIDATING SCHEDULE OF EARNINGS (LOSSES) AND CHANGES IN NET
ASSETS
FOR THE YEAR ENDED DECEMBER 31, 1994
===============================================================================
<TABLE>
<CAPTION>
Divisions Investing In
=======================================================================
Growth Multiple High Natural
Stock Strategy Yield Resources
Portfolio Portfolio Portfolio Portfolio
================= ================= ================= =================
<S> <C> <C> <C> <C>
Reinvested Dividends $ 44,060 $ 91,638 $ 10,086 $ 881
Net Gains (Losses):
Realized (4,489) (8,962) (113) (1,133)
Unrealized (53,393) (122,822) (11,295) (1,787)
----------------- ----------------- ----------------- -----------------
Investment Earnings (Losses) (13,822) (40,146) (1,322) (2,039)
Mortality and Expense Charges (Note C) (3,093) (8,738) (858) (515)
Transaction Charges (Note D) 0 0 0 0
----------------- ----------------- ----------------- -----------------
Net Earnings (Losses) (16,915) (48,884) (2,180) (2,554)
Capital Shares Transactions:
Transfers of Net Premiums 72,918 141,921 19,063 15,585
Transfers of Policy Loading, Net 2,341 6,369 899 459
Transfers Due to Deaths 0 0 0 0
Transfers Due to Other Terminations (5,552) (694) (62) (76)
Transfers Due to Policy Loans 0 (7,343) 0 0
Transfers of Cost of Insurance (11,943) (30,302) (2,517) (1,820)
Transfers of Loan Processing Charges (11) (30) (3) (2)
Transfers Among Investment Divisions 115,653 557,800 31,203 35,939
----------------- ----------------- ----------------- -----------------
Increase (Decrease) in Net Assets 156,491 618,837 46,403 47,531
Net Assets Beginning Balance 266,027 609,686 68,844 38,630
----------------- ----------------- ----------------- -----------------
Net Assets Ending Balance $ 422,518 $ 1,228,523 $ 115,247 $ 86,161
================= ================= ================= =================
</TABLE>
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
SUPPLEMENTAL CONSOLIDATING SCHEDULE OF EARNINGS (LOSSES) AND CHANGES IN NET
ASSETS
FOR THE YEAR ENDED DECEMBER 31, 1994
===============================================================================
<TABLE>
<CAPTION>
Divisions Investing In
=======================================================================
Global International
Global Utility Equity
Strategy Balanced Focus Focus
Portfolio Portfolio Fund Fund
================= ================= ================= =================
<S> <C> <C> <C> <C>
Reinvested Dividends $ 40,661 $ 6,867 $ 48 $ 36
Net Gains (Losses):
Realized 6,797 (2,182) 1 25
Unrealized (96,994) (8,078) (139) (3,703)
----------------- ----------------- ----------------- -----------------
Investment Earnings (Losses) (49,536) (3,393) (90) (3,642)
Mortality and Expense Charges (Note C) (12,743) (945) (9) (178)
Transaction Charges (Note D) 0 0 0 0
----------------- ----------------- ----------------- -----------------
Net Earnings (Losses) (62,279) (4,338) (99) (3,820)
Capital Shares Transactions:
Transfers of Net Premiums 322,623 52,080 1,574 17,941
Transfers of Policy Loading, Net 16,489 2,418 63 954
Transfers Due to Deaths 0 0 0 0
Transfers Due to Other Terminations (6,534) (5,452) (1) (452)
Transfers Due to Policy Loans (7,657) 0 0 0
Transfers of Cost of Insurance (55,334) (6,317) (141) (1,772)
Transfers of Loan Processing Charges (47) (4) 0 (3)
Transfers Among Investment Divisions 978,339 (64,303) 1,959 103,175
----------------- ----------------- ----------------- -----------------
Increase (Decrease) in Net Assets 1,185,600 (25,916) 3,355 116,023
Net Assets Beginning Balance 728,468 159,454 0 0
----------------- ----------------- ----------------- -----------------
Net Assets Ending Balance $ 1,914,068 $ 133,538 $ 3,355 $ 116,023
================= ================= ================= =================
</TABLE>
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
SUPPLEMENTAL CONSOLIDATING SCHEDULE OF EARNINGS (LOSSES) AND CHANGES IN NET
ASSETS
FOR THE YEAR ENDED DECEMBER 31, 1994
===============================================================================
<TABLE>
<CAPTION>
Divisions Investing In
=======================================================================
World Basic Developing
Income Value Capital Markets
Focus Focus Focus 1995
Fund Fund Fund Trust
================= ================= ================= =================
<S> <C> <C> <C> <C>
Reinvested Dividends $ 37 $ 47 $ 0 $ 0
Net Gains (Losses):
Realized 0 (15) 15 30
Unrealized (34) (555) (9,329) (11)
----------------- ----------------- ----------------- -----------------
Investment Earnings (Losses) 3 (523) (9,314) 19
Mortality and Expense Charges (Note C) (2) (144) (170) (12)
Transaction Charges (Note D) 0 0 0 (5)
----------------- ----------------- ----------------- -----------------
Net Earnings (Losses) 1 (667) (9,484) 2
Capital Shares Transactions:
Transfers of Net Premiums 955 9,863 18,358 0
Transfers of Policy Loading, Net 43 584 891 (8)
Transfers Due to Deaths 0 0 0 0
Transfers Due to Other Terminations 0 (47) (685) 0
Transfers Due to Policy Loans 0 0 0 0
Transfers of Cost of Insurance (20) (679) (1,570) (61)
Transfers of Loan Processing Charges 0 (3) (3) 0
Transfers Among Investment Divisions 2 85,671 92,475 (1,638)
----------------- ----------------- ----------------- -----------------
Increase (Decrease) in Net Assets 981 94,722 99,982 (1,705)
Net Assets Beginning Balance 0 0 0 1,728
----------------- ----------------- ----------------- -----------------
Net Assets Ending Balance $ 981 $ 94,722 $ 99,982 $ 23
================= ================= ================= =================
</TABLE>
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
SUPPLEMENTAL CONSOLIDATING SCHEDULE OF EARNINGS (LOSSES) AND CHANGES IN NET
ASSETS
FOR THE YEAR ENDED DECEMBER 31, 1994
===============================================================================
<TABLE>
<CAPTION>
Divisions Investing In
=======================================================================
1996 1997 1998 1999
Trust Trust Trust Trust
================= ================= ================= =================
<S> <C> <C> <C> <C>
Reinvested Dividends $ 0 $ 0 $ 0 $ 0
Net Gains (Losses):
Realized 12 (6) (5) (2)
Unrealized 13 (24) (124) (71)
----------------- ----------------- ----------------- -----------------
Investment Earnings (Losses) 25 (30) (129) (73)
Mortality and Expense Charges (Note C) (19) (18) (45) (18)
Transaction Charges (Note D) (7) (7) (17) (7)
----------------- ----------------- ----------------- -----------------
Net Earnings (Losses) (1) (55) (191) (98)
Capital Shares Transactions:
Transfers of Net Premiums 1,466 1,448 3,740 1,414
Transfers of Policy Loading, Net 62 61 158 60
Transfers Due to Deaths 0 0 0 0
Transfers Due to Other Terminations (1) (1) (4) (1)
Transfers Due to Policy Loans 0 0 0 0
Transfers of Cost of Insurance (182) (181) (328) (178)
Transfers of Loan Processing Charges 0 0 0 0
Transfers Among Investment Divisions (491) (469) 1,037 487
----------------- ----------------- ----------------- -----------------
Increase (Decrease) in Net Assets 853 803 4,412 1,684
Net Assets Beginning Balance 2,017 2,021 2,922 1,029
----------------- ----------------- ----------------- -----------------
Net Assets Ending Balance $ 2,870 $ 2,824 $ 7,334 $ 2,713
================= ================= ================= =================
</TABLE>
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
SUPPLEMENTAL CONSOLIDATING SCHEDULE OF EARNINGS (LOSSES) AND CHANGES IN NET
ASSETS
FOR THE YEAR ENDED DECEMBER 31, 1994
===============================================================================
<TABLE>
<CAPTION>
Divisions Investing In
=====================================================
2000 2005 2009
Trust Trust Trust
================= ================= =================
<S> <C> <C> <C>
Reinvested Dividends $ 0 $ 0 $ 0
Net Gains (Losses):
Realized (317) (18) (9)
Unrealized (812) (150) 12
----------------- ----------------- -----------------
Investment Earnings (Losses) (1,129) (168) 3
Mortality and Expense Charges (Note C) (190) (36) (19)
Transaction Charges (Note D) (72) (13) (7)
----------------- ----------------- -----------------
Net Earnings (Losses) (1,391) (217) (23)
Capital Shares Transactions:
Transfers of Net Premiums 9,351 1,275 0
Transfers of Policy Loading, Net 347 54 0
Transfers Due to Deaths 0 0 0
Transfers Due to Other Terminations (16) (4) (3)
Transfers Due to Policy Loans 0 0 0
Transfers of Cost of Insurance (1,369) (193) (75)
Transfers of Loan Processing Charges (1) 0 0
Transfers Among Investment Divisions (202) 5,464 5,405
----------------- ----------------- -----------------
Increase (Decrease) in Net Assets 6,719 6,379 5,304
Net Assets Beginning Balance 19,122 1,486 0
----------------- ----------------- -----------------
Net Assets Ending Balance $ 25,841 $ 7,865 $ 5,304
================= ================= =================
</TABLE>
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
SUPPLEMENTAL CONSOLIDATING SCHEDULE OF EARNINGS (LOSSES) AND CHANGES IN NET
ASSETS
FOR THE YEAR ENDED DECEMBER 31, 1994
===============================================================================
<TABLE>
<CAPTION>
Divisions Investing In
===================================
2013
Trust Total
================= =================
<S> <C> <C>
Reinvested Dividends $ 0 $ 268,953
Net Gains (Losses):
Realized 15 (14,386)
Unrealized (132) (356,936)
----------------- -----------------
Investment Earnings (Losses) (117) (102,369)
Mortality and Expense Charges (Note C) (10) (39,147)
Transaction Charges (Note D) (4) (139)
----------------- -----------------
Net Earnings (Losses) (131) (141,655)
Capital Shares Transactions:
Transfers of Net Premiums 361 2,992,673
Transfers of Policy Loading, Net 12 242,105
Transfers Due to Deaths 0 (4,709)
Transfers Due to Other Terminations (2) (42,335)
Transfers Due to Policy Loans 0 (26,381)
Transfers of Cost of Insurance (64) (142,930)
Transfers of Loan Processing Charges 0 (180)
Transfers Among Investment Divisions (66) (0)
----------------- -----------------
Increase (Decrease) in Net Assets 110 2,876,588
Net Assets Beginning Balance 1,285 2,949,177
----------------- -----------------
Net Assets Ending Balance $ 1,395 $ 5,825,765
================= =================
</TABLE>
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
SUPPLEMENTAL CONSOLIDATING SCHEDULE OF EARNINGS (LOSSES) AND CHANGES IN NET
ASSETS
FOR THE YEAR ENDED DECEMBER 31, 1993
===============================================================================
<TABLE>
<CAPTION>
Divisions Investing In
=======================================================================
Intermediate Long-Term
Money Government Corporate Capital
Reserve Bond Bond Stock
Portfolio Portfolio Portfolio Portfolio
================= ================= ================= =================
<S> <C> <C> <C> <C>
Reinvested Dividends $ 17,196 $ 504 $ 1,936 $ 387
Net Gains (Losses):
Realized 0 8 45 295
Unrealized 0 (73) 366 15,835
----------------- ----------------- ----------------- -----------------
Investment Earnings (Losses) 17,196 439 2,347 16,517
Mortality and Expense Charges (Note C) (3,568) (79) (275) (638)
----------------- ----------------- ----------------- -----------------
Net Earnings (Losses) 13,628 360 2,072 15,879
Capital Shares Transactions:
Transfers of Policy Loading, Net 2,584,685 0 0 1,537
Transfers Due to Deaths 200,287 6 14 (58)
Transfers Due to Other Terminations (362) (6) (15) 185
Transfers Due to Policy Loans (2,977) 0 0 0
Transfers of Cost of Insurance (18,610) (362) (384) (3,323)
Transfers of Loan Processing Charges (8) 0 0 0
Transfers Among Investment Divisions (1,985,375) 18,033 41,553 179,631
----------------- ----------------- ----------------- -----------------
Increase (Decrease) in Net Assets 791,268 18,031 43,240 193,851
Net Assets Beginning Balance 68 0 0 0
----------------- ----------------- ----------------- -----------------
Net Assets Ending Balance $ 791,336 $ 18,031 $ 43,240 $ 193,851
================= ================= ================= =================
</TABLE>
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
SUPPLEMENTAL CONSOLIDATING SCHEDULE OF EARNINGS (LOSSES) AND CHANGES IN NET
ASSETS
FOR THE YEAR ENDED DECEMBER 31, 1993
===============================================================================
<TABLE>
<CAPTION>
Divisions Investing In
=======================================================================
Growth Multiple High Natural
Stock Strategy Yield Resources
Portfolio Portfolio Portfolio Portfolio
================= ================= ================= =================
<S> <C> <C> <C> <C>
Reinvested Dividends $ 430 $ 4,342 $ 3,007 $ 167
Net Gains (Losses):
Realized 99 352 77 46
Unrealized 10,427 47,151 1,804 (1,158)
----------------- ----------------- ----------------- -----------------
Investment Earnings (Losses) 10,956 51,845 4,888 (945)
Mortality and Expense Charges (Note C) (527) (2,200) (311) (158)
----------------- ----------------- ----------------- -----------------
Net Earnings (Losses) 10,429 49,645 4,577 (1,103)
Capital Shares Transactions:
Transfers of Policy Loading, Net 0 5,882 0 0
Transfers Due to Deaths 84 715 22 12
Transfers Due to Other Terminations 160 (150) (13) (12)
Transfers Due to Policy Loans 0 0 0 0
Transfers of Cost of Insurance (3,354) (10,483) (975) (527)
Transfers of Loan Processing Charges 0 0 0 0
Transfers Among Investment Divisions 258,708 557,504 65,233 40,260
----------------- ----------------- ----------------- -----------------
Increase (Decrease) in Net Assets 266,027 603,113 68,844 38,630
Net Assets Beginning Balance 0 6,573 0 0
----------------- ----------------- ----------------- -----------------
Net Assets Ending Balance $ 266,027 $ 609,686 $ 68,844 $ 38,630
================= ================= ================= =================
</TABLE>
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
SUPPLEMENTAL CONSOLIDATING SCHEDULE OF EARNINGS (LOSSES) AND CHANGES IN NET
ASSETS
FOR THE YEAR ENDED DECEMBER 31, 1993
===============================================================================
<TABLE>
<CAPTION>
Divisions Investing In
=======================================================================
Global
Strategy Balanced 1993 1995
Portfolio Portfolio Trust Trust
================= ================= ================= =================
<S> <C> <C> <C> <C>
Reinvested Dividends $ 4,382 $ 168 $ 0 $ 0
Net Gains (Losses):
Realized 1,775 85 38 0
Unrealized 49,225 1,266 0 9
----------------- ----------------- ----------------- -----------------
Investment Earnings (Losses) 55,382 1,519 38 9
Mortality and Expense Charges (Note C) (2,690) (475) (9) (1)
Transaction Charges (Note D) 0 0 (4) 0
----------------- ----------------- ----------------- -----------------
Net Earnings (Losses) 52,692 1,044 25 8
Capital Shares Transactions:
Transfers of Policy Loading, Net 1,643 0 4,775 1,671
Transfers Due to Deaths 348 50 225 79
Transfers Due to Other Terminations (206) (50) 0 (1)
Transfers Due to Policy Loans 0 0 0 0
Transfers of Cost of Insurance (11,482) (3,140) (98) (30)
Transfers of Loan Processing Charges 0 0 0 0
Transfers Among Investment Divisions 685,473 161,550 (4,927) 1
----------------- ----------------- ----------------- -----------------
Increase (Decrease) in Net Assets 728,468 159,454 0 1,728
Net Assets Beginning Balance 0 0 0 0
----------------- ----------------- ----------------- -----------------
Net Assets Ending Balance $ 728,468 $ 159,454 $ 0 $ 1,728
================= ================= ================= =================
</TABLE>
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
SUPPLEMENTAL CONSOLIDATING SCHEDULE OF EARNINGS (LOSSES) AND CHANGES IN NET
ASSETS
FOR THE YEAR ENDED DECEMBER 31, 1993
===============================================================================
<TABLE>
<CAPTION>
Divisions Investing In
=======================================================================
1996 1997 1998 1999
Trust Trust Trust Trust
================= ================= ================= =================
<S> <C> <C> <C> <C>
Reinvested Dividends $ 0 $ 0 $ 0 $ 0
Net Gains (Losses):
Realized 1 97 21 47
Unrealized 29 5 10 5
----------------- ----------------- ----------------- -----------------
Investment Earnings (Losses) 30 102 31 52
Mortality and Expense Charges (Note C) (6) (8) (8) (6)
Transaction Charges (Note D) (2) (3) (3) (2)
----------------- ----------------- ----------------- -----------------
Net Earnings (Losses) 22 91 20 44
Capital Shares Transactions:
Transfers of Policy Loading, Net 1,433 5,348 3,820 2,388
Transfers Due to Deaths 68 253 181 113
Transfers Due to Other Terminations 11 (1) (1) 0
Transfers Due to Policy Loans 0 0 0 0
Transfers of Cost of Insurance (55) (55) (97) (50)
Transfers of Loan Processing Charges 0 0 0 0
Transfers Among Investment Divisions 538 (3,615) (1,001) (1,466)
----------------- ----------------- ----------------- -----------------
Increase (Decrease) in Net Assets 2,017 2,021 2,922 1,029
Net Assets Beginning Balance 0 0 0 0
----------------- ----------------- ----------------- -----------------
Net Assets Ending Balance $ 2,017 $ 2,021 $ 2,922 $ 1,029
================= ================= ================= =================
</TABLE>
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
SUPPLEMENTAL CONSOLIDATING SCHEDULE OF EARNINGS (LOSSES) AND CHANGES IN NET
ASSETS
FOR THE YEAR ENDED DECEMBER 31, 1993
===============================================================================
<TABLE>
<CAPTION>
Divisions Investing In
=======================================================================
2000 2005 2013
Trust Trust Trust Total
================= ================= ================= =================
<S> <C> <C> <C> <C>
Reinvested Dividends $ 0 $ 0 $ 0 $ 32,519
Net Gains (Losses):
Realized 458 2 0 3,446
Unrealized (135) 31 (40) 124,757
----------------- ----------------- ----------------- -----------------
Investment Earnings (Losses) 323 33 (40) 160,722
Mortality and Expense Charges (Note C) (74) (6) (3) (11,042)
Transaction Charges (Note D) (28) (2) (1) (45)
----------------- ----------------- ----------------- -----------------
Net Earnings (Losses) 221 25 (44) 149,635
Capital Shares Transactions:
Transfers of Policy Loading, Net 33,111 0 0 2,646,293
Transfers Due to Deaths 1,569 0 0 203,968
Transfers Due to Other Terminations (9) 0 0 (470)
Transfers Due to Policy Loans 0 0 0 (2,977)
Transfers of Cost of Insurance (814) (41) (25) (53,905)
Transfers of Loan Processing Charges 0 0 0 (8)
Transfers Among Investment Divisions (14,956) 1,502 1,354 0
----------------- ----------------- ----------------- -----------------
Increase (Decrease) in Net Assets 19,122 1,486 1,285 2,942,536
0 0 0
Net Assets Beginning Balance 0 0 0 6,641
----------------- ----------------- ----------------- -----------------
Net Assets Ending Balance $ 19,122 $ 1,486 $ 1,285 $ 2,949,177
================= ================= ================= =================
</TABLE>
<PAGE>
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
ML LIFE INSURANCE COMPANY OF NEW YORK
SUPPLEMENTAL CONSOLIDATING SCHEDULE OF EARNINGS AND CHANGES IN NET ASSETS
FOR THE PERIOD FROM JUNE 30, 1992 (Date of Inception) TO DECEMBER 31, 1992
===============================================================================
<TABLE>
<CAPTION>
Divisions Investing In
=====================================================
Money Multiple
Reserve Strategy
Portfolio Portfolio Total
================= ================= =================
<S> <C> <C> <C>
Reinvested Dividends $ 104 $ 0 $ 104
Net Unrealized Gains 0 112 112
----------------- ----------------- -----------------
Investment Earnings 104 112 216
Mortality and Expense Charges (Note C) (1) (2) (3)
----------------- ----------------- -----------------
Net Earnings 103 110 213
Capital Shares Transactions:
Transfers of Net Premiums 5,882 0 5,882
Transfers of Policy Loading, Net 582 0 582
Transfers of Cost of Insurance (32) (4) (36)
Transfers Among Investment Divisions (6,467) 6,467 0
----------------- ----------------- -----------------
Increase in Net Assets 68 6,573 6,641
Net Assets Beginning Balance 0 0 0
----------------- ----------------- -----------------
Net Assets Ending Balance $ 68 $ 6,573 $ 6,641
================= ================= =================
</TABLE>
<PAGE>
INDEPENDENT AUDITORS' REPORT
The Board of Directors of
ML Life Insurance Company of New York:
We have audited the accompanying balance sheets of ML Life
Insurance Company of New York (the "Company"), a wholly-owned
subsidiary of Merrill Lynch Insurance Group, Inc., as of December
31, 1994 and 1993 and the related statements of earnings,
stockholder's equity and cash flows for each of the three years
in the period ended December 31, 1994. These financial
statements are the responsibility of the Company's management.
Our responsibility is to express an opinion on these financial
statements based on our audits.
We conducted our audits in accordance with generally accepted
auditing standards. Those standards require that we plan and
perform the audit to obtain reasonable assurance about whether
the financial statements are free of material misstatement. An
audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements. An
audit also includes assessing the accounting principles used and
significant estimates made by management, as well as evaluating
the overall financial statement presentation. We believe that
our audits provide a reasonable basis for our opinion.
In our opinion, such financial statements present fairly, in all
material respects, the financial position of the Company at
December 31, 1994 and 1993 and the results of its operations and
its cash flows for each of the three years in the period ended
December 31, 1994 in conformity with generally accepted
accounting principles.
As discussed in Note 1 to the financial statements, in 1993 the
Company changed its method of accounting for certain investments
in debt and equity securities to conform with Statement of
Accounting Standards No. 115.
/s/Deloitte & Touche, LLP
February 27, 1995
<PAGE>
ML LIFE INSURANCE COMPANY OF NEW YORK
(A wholly-owned subsidiary of Merrill Lynch Insurance Group, Inc.)
BALANCE SHEETS
AS OF DECEMBER 31, 1994 AND 1993
(Dollars in Thousands)
==============================================================================
<TABLE>
<CAPTION>
ASSETS 1994 1993
----------- -----------
<S> <C> <C>
INVESTMENTS:
Fixed maturity securities available for sale, at estimated fair value
(amortized cost: 1994 - $297,551; 1993 - $442,008) $ 286,078 $ 458,916
Equity securities available for sale, at estimated fair value
(cost: 1994 - $3,987; 1993 - $8,387) 4,301 7,195
Mortgage loans on real estate 7,941 17,627
Policy loans on insurance contracts 77,827 73,380
----------- -----------
Total Investments 376,147 557,118
CASH AND CASH EQUIVALENTS 20,915 27,464
ACCRUED INVESTMENT INCOME 7,354 10,164
DEFERRED POLICY ACQUISITION COSTS 31,031 24,036
FEDERAL INCOME TAXES - DEFERRED 9,749 10,468
REINSURANCE RECEIVABLES 605 1,685
OTHER ASSETS 3,265 3,765
SEPARATE ACCOUNTS ASSETS 471,656 410,613
----------- -----------
TOTAL ASSETS $ 920,722 $1,045,313
=========== ===========
</TABLE>
See notes to financial statements.
<PAGE>
==============================================================================
<TABLE>
<CAPTION>
LIABILITIES AND STOCKHOLDER'S EQUITY 1994 1993
----------- -----------
<S> <C> <C>
LIABILITIES:
POLICY LIABILITIES AND ACCRUALS:
Policyholders' account balances $ 340,882 $ 523,382
Claims and claims settlement expenses 4,314 5,614
----------- -----------
Total policy liabilities and accruals 345,196 528,996
OTHER POLICYHOLDER FUNDS 1,532 1,200
OTHER LIABILITIES 2,113 5,641
FEDERAL INCOME TAXES - CURRENT 170 864
PAYABLE TO AFFILIATES - NET 4,242 5,223
SEPARATE ACCOUNTS LIABILITIES 471,656 410,613
----------- -----------
Total Liabilities 824,909 952,537
----------- -----------
STOCKHOLDER'S EQUITY:
Common stock, $10 par value - 220,000 shares
authorized, issued and outstanding 2,200 2,200
Additional paid-in capital 83,006 83,006
Retained earnings 13,970 8,497
Net unrealized investment loss (3,363) (927)
----------- -----------
Total Stockholder's Equity 95,813 92,776
----------- -----------
TOTAL LIABILITIES AND STOCKHOLDER'S EQUITY $ 920,722 $1,045,313
=========== ===========
</TABLE>
<PAGE>
ML LIFE INSURANCE COMPANY OF NEW YORK
(A wholly-owned subsidiary of Merrill Lynch Insurance Group, Inc.)
STATEMENTS OF EARNINGS
FOR THE YEARS ENDED DECEMBER 31, 1994, 1993 AND 1992
(Dollars in Thousands)
==============================================================================
<TABLE>
<CAPTION>
1994 1993 1992
------------ ------------ ------------
<S> <C> <C> <C>
REVENUES:
Investment revenue:
Net investment income $ 32,679 $ 50,661 $ 65,378
Net realized investment gains (losses) (2,218) 6,131 (434)
Policy charge revenue 10,339 8,387 7,683
------------ ------------ ------------
Total Revenues 40,800 65,179 72,627
------------ ------------ ------------
BENEFITS AND EXPENSES:
Interest credited to policyholders' account
balances 22,691 44,425 57,812
Market value adjustment expense 132 642 25
Policy benefits (net of reinsurance recoveries: 1994 - $715
1993 - $2,192; 1992 - $953) 1,620 1,729 594
Reinsurance premium ceded 1,240 1,182 1,070
Amortization of deferred policy acquisition costs 4,141 9,523 8,219
Insurance expenses and taxes 3,685 5,278 4,539
------------ ------------ ------------
Total Benefits and Expenses 33,509 62,779 72,259
------------ ------------ ------------
Earnings Before Federal Income
Tax Provision 7,291 2,400 368
------------ ------------ ------------
FEDERAL INCOME TAX PROVISION (BENEFIT):
Current (213) 2,842 2,373
Deferred 2,031 (2,250) (2,196)
------------ ------------ ------------
Total Federal Income Tax Provision 1,818 592 177
------------ ------------ ------------
NET EARNINGS $ 5,473 $ 1,808 $ 191
============ ============ ============
</TABLE>
See notes to financial statements.
<PAGE>
ML LIFE INSURANCE COMPANY OF NEW YORK
(A wholly-owned subsidiary of Merrill Lynch Insurance Group, Inc.)
STATEMENTS OF STOCKHOLDER'S EQUITY
FOR THE YEARS ENDED DECEMBER 31, 1994, 1993 AND 1992
(Dollars in Thousands)
==============================================================================
<TABLE>
<CAPTION>
Net
Additional unrealized Total
Common paid-in Retained investment stockholder's
stock capital earnings gain (loss) equity
----------- ----------- ----------- ----------- -------------
<S> <C> <C> <C> <C> <C>
BALANCE, JANUARY 1, 1992 $ 2,200 $ 83,006 $ 6,498 $ (1,073) $ 90,631
Net earnings 191 191
Net unrealized investment gain 1,425 1,425
----------- ----------- ----------- ----------- -------------
BALANCE, DECEMBER 31, 1992 2,200 83,006 6,689 352 92,247
Net earnings 1,808 1,808
Net unrealized investment loss (1,279) (1,279)
----------- ----------- ----------- ----------- -------------
BALANCE, DECEMBER 31, 1993 2,200 83,006 8,497 ( 927) 92,776
Net earnings 5,473 5,473
Net unrealized investment loss (2,436) (2,436)
----------- ----------- ----------- ----------- -------------
BALANCE, DECEMBER 31, 1994 $ 2,200 $ 83,006 $ 13,970 $ (3,363) $ 95,813
=========== =========== =========== =========== =============
</TABLE>
See notes to financial statements.
<PAGE>
ML LIFE INSURANCE COMPANY OF NEW YORK
(A wholly-owned subsidiary of Merrill Lynch Insurance Group, Inc.)
STATEMENTS OF CASH FLOWS
FOR THE YEARS ENDED DECEMBER 31, 1994, 1993 AND 1992
(Dollars in Thousands)
==============================================================================
<TABLE>
<CAPTION>
1994 1993 1992
------------ ------------ ------------
<S> <C> <C> <C>
OPERATING ACTIVITIES:
Net earnings $ 5,473 $ 1,808 $ 191
Adjustments to reconcile net earnings to net
cash and cash equivalents provided (used)
by operating activities:
Amortization of deferred policy acquisition
costs 4,142 9,523 8,219
Capitalization of policy acquisition costs (7,142) (7,252) (2,539)
Amortization of fixed maturity securities (312) 918 366
Net realized investment (gains) losses 2,218 (6,131) 434
Interest credited to policyholders' account balances 22,691 44,425 57,812
Provision (benefit) for deferred Federal
income tax 2,031 (2,250) (2,196)
Cash and cash equivalents provided (used) by
changes in operating assets and liabilities:
Accrued investment income 2,810 3,857 (27)
Policy liabilities and accruals (1,300) 2,273 448
Federal income taxes - current (694) 173 873
Other policyholder funds 332 1,129 63
Payable to affiliates - net (981) (1,923) 10,149
Policy loans (4,447) (7,343) (12,342)
Other, net (1,947) 2,644 (2,501)
------------ ------------ ------------
by operating activities 22,874 41,851 58,950
------------ ------------ ------------
INVESTING ACTIVITIES:
Fixed maturity securities sold 123,518 166,033 177,835
Fixed maturity securities matured 92,499 280,484 195,691
Fixed maturity securities purchased (73,016) (251,522) (323,172)
Equity securities available for sale purchased (29) (109) (665)
Equity securities available for sale sold 4,665 2,885 11,886
Mortgage loans on real estate principal payments received 8,998 4,425 1,000
Mortgage loans on real estate acquired 0 0 (124)
------------ ------------ ------------
Net cash and cash equivalents provided by
investing activities 156,635 202,196 62,451
------------ ------------ ------------
</TABLE>
(Continued)
<PAGE>
ML LIFE INSURANCE COMPANY OF NEW YORK
(a wholly-owned subsidiary of Merrill Lynch Insurance Group, Inc.)
STATEMENTS OF CASH FLOWS
FOR THE YEARS ENDED DECEMBER 31, 1994, 1993 AND 1992
(Concluded) (Dollars In Thousands)
==============================================================================
<TABLE>
<CAPTION>
1994 1993 1992
------------ ------------ ------------
<S> <C> <C> <C>
FINANCING ACTIVITIES:
Policyholders' account balances:
Deposits $ 56,297 $ 33,953 $ 5,985
Withdrawals (net of transfers to/from Separate Accounts) (242,355) (291,658) (105,082)
------------ ------------ ------------
Net cash and cash equivalents used
by financing activities (186,058) (257,705) (99,097)
------------ ------------ ------------
NET INCREASE (DECREASE) IN CASH AND
CASH EQUIVALENTS (6,549) (13,658) 22,304
CASH AND CASH EQUIVALENTS:
Beginning of year 27,464 41,122 18,818
------------ ------------ ------------
End of year $ 20,915 $ 27,464 $ 41,122
============ ============ ============
Supplementary Disclosure of Cash Flow Information:
Cash paid for:
Federal income taxes $ 482 $ 2,668 $ 1,500
Intercompany interest $ 352 $ 397 $ 801
</TABLE>
See notes to financial statements.
<PAGE>
ML LIFE INSURANCE COMPANY OF NEW YORK
(A wholly-owned subsidiary of Merrill Lynch Insurance Group, Inc.)
NOTES TO FINANCIAL STATEMENTS
(DOLLARS IN THOUSANDS)
=================================================================
NOTE 1: SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Basis of Reporting: ML Life Insurance Company of New York (the
"Company") is a wholly-owned subsidiary of Merrill Lynch
Insurance Group, Inc. ("MLIG"). The Company is an indirect
wholly-owned subsidiary of Merrill Lynch & Co., Inc. ("Merrill
Lynch & Co.").
The Company sells non-participating life insurance and annuity
products which comprise one business segment. The primary
products that the Company currently markets are immediate
annuities, market value adjusted annuities, variable life
insurance and variable annuities. The Company is licensed to
sell insurance in nine states, however, it currently limits its
marketing activities to the State of New York. The Company
markets its products solely through the retail network of
Merrill Lynch, Pierce, Fenner & Smith, Inc. ("MLPF&S"), a
wholly owned subsidiary of Merrill Lynch & Co..
The accompanying financial statements have been prepared in
conformity with generally accepted accounting principles for
stock life insurance companies.
Revenue Recognition: Revenues for the Company's interest
sensitive life, interest sensitive annuity, variable life and
variable annuity products consist of policy charges for the
cost of insurance, deferred sales charges, policy
administration charges and/or withdrawal charges assessed
against policyholders' account balances during the period.
Policyholders' Account Balances: Liabilities for the Company's
universal life type contracts, including its life insurance and
annuity products, are equal to the full accumulation value of
such contracts as of the valuation date plus deficiency
reserves for certain products. Interest crediting rates for
the Company's fixed rate products are as follows:
Interest sensitive life products 4.00% - 5.10%
Interest sensitive deferred annuities 4.00% - 8.39%
Immediate annuities 4.00% - 10.0%
These rates may be changed at the option of the Company,
subject to minimum guarantees, after initial guaranteed rates
expire.
Liabilities for unpaid claims equal the death benefit for those
claims which have been reported to the Company and an estimate
based upon prior experience for those claims which are
unreported as of the valuation date.
Reinsurance: In the normal course of business, the Company
seeks to limit its exposure to loss on any single insured life
and to recover a portion of benefits paid by ceding reinsurance
to other insurance enterprises or reinsurers under indemnity
reinsurance agreements, primarily excess coverage and
coinsurance agreements. The maximum amount of mortality risk
retained by the Company is approximately $500 on a single life.
Indemnity reinsurance agreements do not relieve the Company
from its obligations to policyholders. Failure of reinsurers
to honor their obligations could result in losses to the
Company. The Company regularly evaluates the financial
condition of its reinsurers so as to minimize its exposure to
significant losses from reinsurer
<PAGE>
insolvencies. The Company
holds collateral under reinsurance agreements in the form of
letters of credit and amounts withheld totaling $236 that can
be drawn upon for delinquent reinsurance recoverables.
As of December 31, 1994, the Company had life insurance in-
force which was ceded to other life insurance companies of
$152,508.
Deferred Policy Acquisition Costs: Policy acquisition costs
for life and annuity contracts are deferred and amortized based
on the estimated future gross profits for each group of
contracts. These future gross profit estimates are subject to
periodic evaluation by the Company, with necessary revisions
applied against amortization to date.
Policy acquisition costs are principally commissions and a
portion of certain other expenses relating to policy
acquisition, underwriting and issuance, which are primarily
related to and vary with the production of new business.
Certain costs and expenses reported in the statements of
earnings are net of amounts deferred. Policy acquisition costs
can also arise from the acquisition or reinsurance of existing
in-force policies from other insurers. These costs include
ceding commissions and professional fees related to the
reinsurance assumed.
Included in deferred policy acquisition costs are those costs
related to the acquisition by assumption reinsurance of
insurance contracts from unaffiliated insurers. The deferred
costs are amortized in proportion to the future gross profits
over the anticipated life of the acquired insurance contracts
utilizing an interest methodology.
In December 1990, the Company entered into an assumption
reinsurance agreement with an unaffiliated insurer. The
acquisition costs relating to this agreement are being
amortized over a twenty-year period using an effective interest
rate of 9.01%. This reinsurance agreement provides for payment
of contingent ceding commissions based upon the persistency and
mortality experience of the insurance contracts assumed. Any
payments made for the contingent ceding commissions will be
capitalized and amortized using an identical methodology as
that used for the initial acquisition costs. The following is
a reconciliation of the acquisition costs for the reinsurance
transaction for the years ended December 31,:
<TABLE>
<CAPTION>
1994 1993 1992
---------- ---------- ----------
<S> <C> <C> <C>
Beginning balance $ 15,614 $ 16,925 $ 18,193
Capitalized amounts 1,447 843 533
Interest accrued 1,407 1,478 1,865
Amortization (3,545) (3,632) (3,666)
---------- ---------- ----------
Ending balance $ 14,923 $ 15,614 $ 16,925
========== ========== ==========
</TABLE>
The following table presents the expected amortization of these
deferred acquisition costs over the next five years. The
amortization may be adjusted based on periodic evaluation of
the expected gross profits on the reinsured policies.
1995 $2,160
1996 1,944
1997 1,512
1998 1,075
1999 1,017
Investments: Effective December 31, 1993, the Company adopted
Statement of Financial Accounting Standards ("SFAS") No. 115,
"Accounting for Certain Investments in Debt and Equity
Securities" ("SFAS No. 115"). In compliance with SFAS No. 115,
the Company classified its investments in fixed maturity
securities and equity securities in the available for sale
category. These securities may be sold for the Company's
general liquidity needs, asset/liability management strategy,
credit dispositions and investment opportunities. These
securities are carried at estimated fair value with unrealized
gains and losses included in stockholder's equity. If
<PAGE>
a decline
in value of a security is determined by management to be other
than temporary, the carrying value is adjusted to the estimated
fair value at the date of this determination and recorded as
net realized investment gains (losses).
SFAS No. 115 permits fixed maturity securities to be carried at
amortized cost if the Company has both the ability and positive
intent to hold these securities to maturity. The Company has
determined that it can not guarantee that it will not have the
need or opportunity to sell any particular security in its
investment holdings. As such, the Company did not utilize this
classification as of December 31, 1994 or 1993. Additionally,
SFAS No. 115 requires that securities held for short-term sale
are to be carried at fair value with the change in fair value
being recorded as a component of earnings. The Company had no
securities at December 31, 1994 and 1993 that were held for this
purpose.
In compliance with a Securities and Exchange Commissions
("SEC") staff announcement, the Company has recorded certain
adjustments to deferred policy acquisition costs and
policyholders' account balances in conjunction with its
adoption of SFAS No. 115. The SEC requires that companies
adjust those assets and liabilities that would have been
adjusted had the unrealized investment gains or losses from
securities classified as available for sale actually been
realized with corresponding credits or charges reported
directly to shareholder's equity. The following reconciles the
net unrealized investment loss as of December 31,:
<TABLE>
<CAPTION>
1994 1993
---------- ----------
<S> <C> <C>
Assets:
Fixed maturity securities available for sale $(11,473) $ 16,908
Equity securities available for sale 314 (1,192)
Deferred policy acquisition costs 3,177 (818)
Federal income taxes - deferred 1,812 502
---------- ----------
(6,170) 15,400
---------- ----------
Liabilities:
Policyholders' account balances 2,807 (16,327)
---------- ----------
Stockholder's equity:
Net unrealized investment loss $ (3,363) $ (927)
========== ==========
</TABLE>
For fixed maturity securities, premiums are amortized to the
earlier of the call or maturity date, discounts are accrued to
the maturity date and interest income is accrued daily. For
equity securities, dividends are recognized on the ex-dividend
date. Realized gains and losses on the sale or maturity of the
investments are determined on the basis of identified cost.
Fixed maturity securities may contain securities which are
considered high yield. The Company defines high yield fixed
maturity securities as unsecured corporate debt obligations
which do not have a rating equivalent to Standard and Poor's
(or similar rating agency) BBB or higher, and are not
guaranteed by an agency of the federal government. Probable
losses are recognized in the period that a decline in value is
determined to be other than temporary.
Mortgage loans on real estate are stated at unpaid principal
balances net of valuation allowances. Such valuation
allowances are based on the decline in value expected by
management to be realized on in-substance foreclosures of
mortgage loans and on mortgage loans which management believes
may not be collectible in full. In establishing valuation
allowances management considers, among other things, the
estimated fair value of the underlying collateral.
The Company recognizes income from mortgage loans on real
estate based on the cash payment interest rate of the loan,
which may be different from the accrual interest rate of the
loan for certain outstanding mortgage loans. The Company will
recognize a realized gain at the date of the satisfaction of
the loan at contractual terms
<PAGE>
for loans where there is a
difference between the cash payment interest rate and the
accrual interest rate. For all loans the Company stops accruing
income when an interest payment default either occurs or is
probable.
The Company has previously made commercial mortgage loans
collateralized by real estate. The return on and the ultimate
recovery of these loans and investments are generally dependent
on the successful operation, sale or refinancing of the real
estate. In many parts of the country, current real estate
markets are characterized by vacancy rates in excess of
historical averages, a lack of ready sources or credit for real
estate financing, reduced or declining real estate values, and
similar factors.
The Company employs a system to monitor the effects of current
and expected market conditions and other factors when assessing
the collectability of mortgage loans. When, in management's
judgment, these assets are impaired, appropriate losses are
recorded. Such estimates necessarily include assumptions,
which may include anticipated improvements in selected market
conditions for real estate, which may or may not occur. The
more significant assumptions management considers involve
estimates of the following: lease, absorption and sales rates;
real estate values and rates of return; operating expenses;
inflation; and sufficiency of any collateral independent of the
real estate. Management believes that the carrying value
approximates the fair value of these investments.
During 1993 the Financial Accounting Standards Board issued
SFAS No. 114 "Accounting by Creditors for Impairment of a Loan"
("SFAS No. 114") which was amended during 1994 by SFAS No. 118
"Accounting by Creditors for Impairment of a Loan - Income
Recognition and Disclosures". SFAS No. 114, as amended,
requires that for impaired loans, the impairment shall be
measured based on the present value of expected future cash
flows discounted at the loan's effective interest rate or the
fair value of the collateral. Impairments of mortgage loans on
real estate are established as valuation allowances and
recorded to net realized investment gains or losses. SFAS No.
114, as amended, must be adopted for fiscal years beginning
after December 15, 1994. The Company has decided not to early
adopt this statement. The Company estimates that the impact on
both financial position and earnings from adopting SFAS No.
114, as amended, would be immaterial.
Policy loans on insurance contracts are stated at unpaid
principal balances.
Federal Income Taxes: The Company accounts for Federal income
taxes in compliance with SFAS No. 109 "Accounting for Income
Taxes" ("SFAS No. 109") which requires an asset and liability
method in recording income taxes on all transactions that have
been recognized in the financial statements. SFAS No. 109
provides that deferred taxes be adjusted to reflect tax rates
at which future tax liabilities or assets are expected to be
settled or realized.
Separate Accounts: The Separate Accounts are established in
conformity with New York insurance law, the Company's
domiciliary state, and are generally not chargeable with
liabilities that arise from any other business of the Company.
Separate Accounts assets may be subject to General Account
claims only to the extent the value of such assets exceeds the
Separate Accounts liabilities.
Assets and liabilities of the Separate Accounts, representing
net deposits and accumulated net investment earnings less fees,
held for the benefit of policyholders, are shown as separate
captions in the balance sheets.
Postretirement Benefits Other Than Pensions: The Company
accounts for postretirement benefits in compliance with SFAS
No. 106, "Employer's Accounting for Postretirement Benefits
Other Than Pensions" ("SFAS No. 106"). SFAS No. 106 requires
the accrual of postretirement benefits (such as health care
benefits) during the years an employee provides service.
Statements of Cash Flows: For the purpose of reporting cash
flows, cash and cash equivalents include cash on hand and on
deposit and short-term investments with original maturities of
three months or less.
Reclassifications: To facilitate comparisons with the current
year, certain amounts in the prior years have been
reclassified.
<PAGE>
NOTE 2. ESTIMATED FAIR VALUE OF FINANCIAL INSTRUMENTS
The carrying value of financial instruments which approximates
the estimated fair value of these financial instruments as of
December 31, are:
<TABLE>
<CAPTION>
1994 1993
---------- ----------
<S> <C> <C>
Assets:
Fixed maturity securities available for sale (1) $ 286,078 $ 458,916
Equity securities available for sale (1) 4,301 7,195
Mortgage loans on real estate (2) 7,941 17,627
Policy loans on insurance contracts (3) 77,827 73,380
Cash and cash equivalents (4) 20,915 27,464
Separate accounts assets (6) 471,656 410,613
---------- ----------
Total financial instruments recorded as assets $ 868,718 $ 995,195
========== ==========
Liabilities:
Payable to affiliates - net (5) $ 4,242 $ 5,223
---------- ----------
Total financial instruments recorded as liabilities $ 4,242 $ 5,223
========== ==========
</TABLE>
(1) For publicly traded securities, the estimated fair value
is determined using quoted market prices. For securities
without a readily ascertainable market value, the Company
has determined an estimated fair value using a discounted
cash flow approach, including provision for credit risk,
based upon the assumption that such securities will be
held to maturity. Such estimated fair values do not
necessarily represent the values for which these
securities could have been sold at the dates of the
balance sheets. At December 31, 1994 and 1993,
respectively, securities without a readily ascertainable
market value, having an amortized cost of approximately
$81,899 and $125,783, had an estimated fair value of
approximately $82,470 and $131,917, respectively.
(2) The estimated fair value of mortgage loans on real estate
approximates the carrying value. See Note 1 for a
discussion of the Company's valuation process.
(3) The Company estimates the fair market value of policy
loans as equal to the book value of the loans. Policy
loans are fully collateralized by the account value of the
associated insurance contracts, and the spread between the
policy loan interest rate and the interest rate credited
to the account value held as collateral is fixed.
(4) The estimated fair value of cash and cash equivalents
approximates the carrying value.
(5) The fair value of the Company's payables to affiliates is
estimated at carrying value. These borrowings are payable
on demand and bear a variable interest rate based on
LIBOR.
(6) Assets held in the Separate Accounts are carried at quoted
market values.
<PAGE>
NOTE 3: INVESTMENTS
The amortized cost (cost for equity securities) and estimated
fair value of investments in fixed maturity securities and
equity securities as of December 31 are:
<TABLE>
<CAPTION>
1994
----
Gross Gross Estimated
Amortized Unrealized Unrealized Fair
Cost Gains Losses Value
----------- ----------- ----------- -----------
<S> <C> <C> <C> <C>
Fixed maturity securities available for sale:
Corporate securities $ 213,488 $ 1,764 $ 9,393 $ 205,859
Mortgage-backed securities 79,911 588 4,184 76,315
U.S. government and agencies 4,152 177 425 3,904
----------- ----------- ----------- -----------
Total fixed maturity securities
available for sale $ 297,551 $ 2,529 $ 14,002 $ 286,078
=========== =========== =========== ===========
Equity securities available for sale:
Common stocks $ 2,281 $ 72 $ 1,165 $ 1,188
Non-redeemable preferred stocks 1,706 1,782 375 3,113
----------- ----------- ----------- -----------
Total equity securities available for sale $ 3,987 $ 1,854 $ 1,540 $ 4,301
=========== =========== =========== ===========
</TABLE>
<TABLE>
<CAPTION>
1993
----
Gross Gross Estimated
Amortized Unrealized Unrealized Fair
Cost Gains Losses Value
----------- ----------- ----------- -----------
<S> <C> <C> <C> <C>
Fixed maturity securities available for sale:
Corporate securities $ 284,710 $ 13,726 $ 3,204 $ 295,232
Mortgage-backed securities 149,834 6,209 216 155,827
U.S. government and agencies 3,964 349 24 4,289
Municipals 3,500 68 0 3,568
----------- ----------- ----------- -----------
Total fixed maturity securities
available for sale $ 442,008 $ 20,352 $ 3,444 $ 458,916
=========== =========== =========== ===========
Equity securities available for sale:
Common stocks $ 2,392 $ 106 $ 438 $ 2,060
Non-redeemable preferred stocks 5,995 1,002 1,862 5,135
----------- ----------- ----------- -----------
Total equity securities available for sale $ 8,387 $ 1,108 $ 2,300 $ 7,195
=========== =========== =========== ===========
</TABLE>
<PAGE>
The amortized cost and estimated fair value of fixed maturity
securities available for sale at December 31, 1994 by
contractual maturity are shown below:
<TABLE>
<CAPTION>
Estimated
Amortized Fair
Cost Value
----------- -----------
<S> <C> <C>
Fixed maturity securities available for sale:
Due in one year or less $ 15,738 $ 15,891
Due after one year through five years 93,527 92,558
Due after five years through ten years 82,820 76,448
Due after ten years 25,555 24,866
----------- -----------
217,640 209,763
Mortgage-backed securities 79,911 76,315
----------- -----------
Total fixed maturity securities available
for sale $ 297,551 $ 286,078
=========== ===========
</TABLE>
Fixed maturity securities not due at a single maturity date
have been included in the preceding table in the year of final
maturity. Expected 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 amortized cost and estimated fair value of fixed maturity
securities available for sale at December 31, 1994 by rating
agency equivalent are shown below:
<TABLE>
<CAPTION>
Estimated
Amortized Fair
Cost Value
---------- ----------
<S> <C> <C>
AAA $ 65,797 $ 62,068
AA 57,337 57,000
A 37,430 34,682
BBB 105,549 101,820
Non-investment grade 31,438 30,508
---------- ----------
$ 297,551 $ 286,078
========== ==========
</TABLE>
Proceeds, gains and losses from the sale or maturity of fixed
maturity securities available for sale and held to maturity for
the years ended December 31,:
<TABLE>
<CAPTION>
1994 1993 1992
---------- ---------- ----------
<S> <C> <C> <C>
Proceeds $ 216,017 $ 446,517 $ 373,526
Realized investment gains 6,793 4,546 7,275
Realized investment losses 8,560 438 3,206
</TABLE>
The Company had investment securities of $982 and $1,118 held
on deposit with insurance regulatory authorities at December
31, 1994 and 1993, respectively.
The Company's investment in mortgage loans on real estate
consists principally of loans collateralized by commercial real
estate. At December 31, 1994, the Company's investment in
commercial real estate mortgage loans as measured by the
outstanding principal balance are for properties located in
California ($7,477 or 78.9%) and Pennsylvania ($2,000 or
21.1%).
<PAGE>
The carrying value and established valuation allowances of
impaired mortgage loans on real estate as of December 31, 1994
and 1993 are shown below:
<TABLE>
<CAPTION>
1994 1993
-------- --------
<S> <C> <C>
Carrying value $ 3,939 $ 4,626
Valuation allowance 1,536 848
</TABLE>
Net investment income arose from the following sources for the
years ended December 31,:
<TABLE>
<CAPTION>
1994 1993 1992
--------- --------- ---------
<S> <C> <C> <C>
Fixed maturity securities $ 28,255 $ 45,523 $ 59,036
Equity securities available for sale 0 113 499
Mortgage loans on real estate 975 1,924 2,309
Policy loans 3,680 3,487 3,029
Cash equivalents 659 476 1,034
Other 0 0 1,310
--------- --------- ---------
Gross investment income 33,569 51,523 67,217
Less expenses (890) (862) (1,839)
--------- --------- ---------
Net investment income $ 32,679 $ 50,661 $ 65,378
========= ========= =========
</TABLE>
Net realized investment gains (losses), including changes in
valuation allowances, for the years ended December 31,:
<TABLE>
<CAPTION>
1994 1993 1992
---------- ---------- ----------
<S> <C> <C> <C>
Fixed maturity securities $ (1,767) $ 4,108 $ 4,069
Equity securities available for sale 237 2,081 (2,710)
Mortgage loans on real estate (688) (58) (1,793)
---------- ---------- ----------
Net realized investment gains (losses) $ (2,218) $ 6,131 $ (434)
========== ========== ==========
</TABLE>
The following is a reconciliation of the change in valuation
allowances which have been established to reflect other than
temporary declines in estimated fair value of the following
classifications of investments for the years ended December 31,:
<TABLE>
<CAPTION>
Balance at Additions Balance at
Beginning Charged to End
of Year Operations of Year
---------- ---------- ----------
<S> <C> <C> <C>
Mortgage loans on real estate
1994 $ 848 $ 688 $ 1,536
1993 790 58 848
1992 0 790 790
</TABLE>
The Company held investments at December 31, 1994 of $4,600
which have been non-income producing for the preceding twelve
months.
<PAGE>
The Company has restructured the terms of certain of its
investments in mortgage loans on real estate during 1993.
During 1994, the Company did not restructure any investments.
The following table provides the amortized cost less valuation
allowances immediately prior to restructuring, gross interest
income that would have been earned had the loans been current
per their original terms ("Expected Income") and gross interest
income recorded during the year ("Actual Income") and equity
interests which are received in the restructuring:
<TABLE>
<CAPTION>
1993
--------
<S> <C>
Mortgage loans on real estate:
Amortized cost less valuation allowance $ 5,475
Expected income 442
Actual Income 411
</TABLE>
NOTE 4: FEDERAL INCOME TAXES
The Company is taxed as a life insurance company according to
the Federal Income Tax Reform Act of 1986, as amended. The
Company's tax return is not consolidated with any other entity.
The following is a reconciliation of the provision for income
taxes based on income before taxes, computed using the Federal
statutory tax rate, with the provision for income taxes for the
years ended December 31,:
<TABLE>
<CAPTION>
1994 1993 1992
---------- ---------- ----------
<S> <C> <C> <C>
Provision for income taxes computed at Federal
statutory rate $ 2,552 $ 840 $ 125
Increase (decrease) in income taxes resulting from:
Federal tax rate increase 0 (227) 0
Dividend received deduction (670) 0 0
Other (64) (21) 52
---------- ---------- ----------
Federal income tax provision $ 1,818 $ 592 $ 177
========== ========== ==========
</TABLE>
The Federal statutory rate for 1994, 1993 and 1992 was 35%, 35%
and 34%, respectively.
The Company provides for deferred income taxes resulting from
temporary differences which arise from recording certain
transactions in different years for income tax reporting
purposes than for financial reporting purposes. The sources of
these differences and the tax effect of each are as follows:
<TABLE>
<CAPTION>
1994 1993 1992
--------- ---------- ----------
<S> <C> <C> <C>
Deferred policy acquisition costs $ 887 $ (1,184) $ (2,094)
Policyholders' account balances 833 (969) 1,700
Investment adjustments 1,117 (100) (1,093)
Other (806) 3 (709)
--------- ---------- ----------
Deferred Federal income tax
provision (benefit) $ 2,031 $ (2,250) $ (2,196)
========= ========== ==========
</TABLE>
<PAGE>
Deferred tax assets and liabilities as of December 31 are
determined as follows:
<TABLE>
<CAPTION>
1994 1993
---------- ----------
<S> <C> <C>
Deferred tax assets:
Policyholders' account balances $ 9,015 $ 9,848
Net unrealized investment gain (loss) 1,812 500
Investment adjustments 4,026 5,143
---------- ----------
Total deferred tax asset 14,853 15,491
---------- ----------
Deferred tax liabilities:
Deferred policy acquisition costs 5,170 4,283
Other (66) 740
---------- ----------
Total deferred tax liability 5,104 5,023
---------- ----------
Net deferred tax asset $ 9,749 $ 10,468
========== ==========
</TABLE>
The Company anticipates that all deferred tax assets will be
realized, therefore no valuation allowance has been provided.
NOTE 5: RELATED PARTY TRANSACTIONS
The Company and MLIG are parties to a service agreement whereby
MLIG has agreed to provide certain data processing, legal,
actuarial, management, advertising and other services to the
Company. Expenses incurred by MLIG in relation to this service
agreement are reimbursed by the Company on an allocated cost
basis. Charges billed to the Company by MLIG pursuant to the
agreement were $4,025, $5,688 and $5,403 for the years ended
December 31, 1994, 1993 and 1992 respectively. The Company is
allocated interest expense on its accounts payable to MLIG which
approximates the daily Federal funds rate. Total intercompany
interest paid was $50, $69 and $122 for 1994, 1993 and 1992,
respectively.
The Company and Merrill Lynch Asset Management, L.P. ("MLAM") are
parties to a service agreement whereby MLAM has agreed to provide
certain invested asset management to the Company. The Company
pays a fee to MLAM for these services through the MLIG service
agreement. Charges attributable to this agreement and allocable
to the company by MLIG were $203, $265 and $339 for the years
ended December 31, 1994, 1993 and 1992, respectively.
The Company has a general agency agreement with Merrill Lynch
Life Agency Inc. ("MLLA") whereby registered representatives of
MLPF&S who are the Company's licensed insurance agents, solicit
applications for contracts to be issued by the Company. MLLA is
paid commissions for the contracts sold by such agents.
Commissions paid to MLLA were approximately $5,329, $4,927, and
$1,469 for 1994, 1993 and 1992, respectively. Substantially all
of these fees were capitalized as deferred policy acquisition
costs and are being amortized in accordance with the policy
discussed in Note 1.
In connection with the acquisition of a block of variable life
insurance business from Monarch Life Insurance Company ("Monarch
Life"), the Company borrowed funds from Merrill Lynch & Co. to
partially finance the transaction. As of December 31, 1994 and
1993, the outstanding balance of these loans was approximately
$4,336 and $5,550, respectively. Approximately $1,214, $1,650
and $4,600 was repaid on these loans during 1994, 1993 and 1992,
respectively. Interest was calculated on these loans at LIBOR
plus 150 basis points. Intercompany interest paid on these loans
during 1994, 1993 and 1992 was approximately $302, $328 and $679,
respectively.
During 1994, 1993 and 1992, the Company assumption reinsured
certain policies previously indemnity reinsured by the Company's
affiliate, Merrill Lynch Life Insurance Company ("MLLIC"), and
directly written by Family Life Insurance Company ("Family
Life"), a former affiliate. These transactions resulted in the
transfer of approximately $11,860 and $2,000 of policy reserves
during 1993 and 1992, respectively. During 1994 certain
<PAGE>
adjustments to the 1993 assumption reinsurance transactions
resulted in a transfer of $9,129 of policy reserves from the
Company to MLLIC.
NOTE 6: STOCKHOLDER'S EQUITY AND STATUTORY REGULATIONS
At December 31, 1994 and 1993, $42,612 and $30,125, respectively,
of stockholder's equity was available for distribution to MLIG.
Notice of intention to declare a dividend must be filed with the
New York Superintendent of Insurance who may disallow the
payment. No dividends were declared or paid during 1994, 1993 and
1992. Statutory capital and surplus at December 31, 1994 and
1993, was $64,913 and $57,333, respectively.
Applicable insurance department regulations require that the
Company report its accounts in accordance with statutory
accounting practices. Statutory accounting practices primarily
differ from the principles utilized in these financial statements
by charging policy acquisition costs to expense as incurred,
establishing future policy benefit reserves using different
actuarial assumptions, not providing for deferred income taxes
and valuing securities on a different basis. The Company's
statutory net income for the years ended December 31, 1994, 1993
and 1992 was $3,816, $6,515 and $10,167, respectively.
The National Association of Insurance Commissioners ("NAIC") has
developed and implemented, effective December 31, 1993, the Risk
Based Capital ("RBC") adequacy monitoring system. The RBC
calculates the amount of adjusted capital which a life insurance
company should have based upon that company's risk profile. The
NAIC has established four different levels of regulatory action
with respect to the RBC adequacy monitoring system. Each of these
levels may be triggered if an insurer's total adjusted capital is
less than a corresponding level of RBC. These levels are as
follows:
For companies with capital levels which are below 100% of
the basic RBC level (company action level) calculated for
that company, the company must submit to the domiciliary
insurance commissioner, and implement, an approved plan to
increase adjusted capital to at least 100% of the basic
RBC.
For companies with capital levels which are below 75% of
the basic RBC level calculated for that company, an
examination of the company will be conducted by the
domiciliary insurance department and as a result of the
findings of the examination, corrective orders may be
issued.
For companies with capital levels which are below 50% of
the basic RBC level (authorized control level) calculated
for that company, the domiciliary insurance commissioner
will have the authority to place the company into
conservatorship or liquidation.
For companies with capital levels which are below 35% of
the basic RBC level calculated for that company, the
domiciliary insurance commissioner will be required to
place the company into conservatorship or liquidation.
As of December 31, 1994 and 1993, based on the RBC formula, the
Company's total adjusted capital level was 344% and 245%,
respectively, of the basic RBC level.
NOTE 7: COMMITMENTS AND CONTINGENCIES
State insurance laws generally require that all life insurers who
are licensed to transact business within a state become members
of the state's life insurance guaranty association. These
associations have been established for the protection of
policyholders from loss (within specified limits) as a result of
the insolvency of an insurer. At the time an insolvency occurs,
the guaranty association assesses the remaining members of the
association an amount sufficient to satisfy the insolvent
insurer's policyholder obligations (within specified limits).
Based upon the public information available at this time,
management believes the Company has no material financial
obligations to state guaranty associations.
<PAGE>
In the normal course of business, the Company is subject to
various claims and assessments. Management believes the
settlement of these matters would not have a material effect on
the financial position or results of operations of the Company.
* * * * * *
<PAGE>
UNDERTAKING TO FILE REPORTS
Subject to the terms and conditions of Section 15(d) of the Securities
Exchange Act of 1934, the undersigned Registrant hereby undertakes to file with
the Securities and Exchange Commission such supplementary and periodic
information, documents and reports as may be prescribed by any rule or
regulation of the Commission heretofore or hereafter duly adopted pursuant to
authority conferred in that section.
RULE 484 UNDERTAKING
ML Life Insurance Company of New York's By-Laws provide, in Article VII,
Section 7.1 as follows:
INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES AND INCORPORATORS. To the
extent permitted by the law of the State of New York and subject to all
applicable requirements thereof:
a) 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,
his testator, or intestate, is or was a director, officer, employee or
incorporator of the Company shall be indemnified by the Company;
b) 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,
his 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
c) the related expenses of any such person in any other of said
categories may be advanced by the Company.
Any persons serving as an officer, director or trustee of a corporation,
trust or other enterprise, including the Registrant, at the request of Merrill
Lynch are entitled to indemnification from Merrill Lynch, to the fullest extent
authorized or permitted by law, for liabilities with respect to actions taken or
omitted by such persons in any capacity in which such persons serve Merrill
Lynch or such other corporation, trust or other enterprise. Any action initiated
by any such person for which indemnification is provided shall be approved by
the Board of Directors of Merrill Lynch prior to such initiation.
DIRECTORS' AND OFFICERS' INSURANCE
Merrill Lynch has purchased from Corporate Officers' and Directors'
Assurance Company directors' and officers' liability insurance policies which
cover, in addition to the indemnification described above, liabilities for which
indemnification is not provided under the By-Laws. The Company will pay an
allocable portion of the insurance premium paid by Merrill Lynch with respect to
such insurance policies.
NEW YORK BUSINESS CORPORATION LAW
In addition, Sections 722, 723 and 724 of the New York Business Corporation
Law generally provide that a corporation has the power (and in some instances
the obligation) to indemnify a director or officer of the corporation, or a
person serving at the request of the corporation as a director or officer of
another corporation or other enterprise against any judgments, amounts paid in
settlement, and reasonably incurred expenses in a civil or criminal action or
proceeding if the director or officer acted in good faith in a manner he or she
reasonably believed to be in or not opposed to the best interests of the
corporation (or, in the case of a criminal action or proceeding, if he or she in
addition had no reasonable cause to believe that his or her conduct was
unlawful).
Insofar as indemnification for liability arising under the Securities Act of
1933 (the "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
II-1
<PAGE>
matter has been settled by controlling precedent, submit to a court of
appropriate jurisdiction the question whether such indemnification by it is
against public policy as expressed in the Act and will be governed by the final
adjudication of such issue.
REPRESENTATIONS PURSUANT TO RULE 6E-3(T)
This filing is made pursuant to Rule 6e-3(T) under the Investment Company
Act of 1940.
Registrant elects to be governed by Rule 6e-3(T)(b)(13)(i)(B) under the
Investment Company Act of 1940 with respect to the policies described in the
Prospectus.
Registrant makes the following representations:
(1) Section 6e-3(T)(b)(13)(iii)(F) has been relied upon.
(2) The level of the mortality and expense risk and guaranteed benefits
risk charge is within the range of industry practice for comparable
flexible or scheduled contracts.
(3) Registrant has concluded that there is a reasonable likelihood that
the distribution financing arrangement of the Separate Account will
benefit the separate account and policyowners and will keep and make
available to the Commission on request a memorandum setting forth the basis
for this representation.
(4) The Separate Account will invest only in management investment
companies which have undertaken to have a board of directors, a
majority of whom are not interested persons of the company, formulate and
approve any plan under Rule 12b-1 to finance distribution expenses.
The methodology used to support the representation made in paragraph (2)
above is based on an analysis of the mortality and expense risk and guaranteed
benefits risk charge contained in other variable life insurance contracts.
Registrant undertakes to keep and make available to the Commission on request
the documents used to support the representation in paragraph (2) above.
II-2
<PAGE>
CONTENTS OF REGISTRATION STATEMENT
This Registration Statement comprises the following papers and documents:
The facing sheet.
The Prospectus consisting of 85 pages.
Undertaking to file reports.
Rule 484 Undertaking.
Representations Pursuant to Rule 6e-3(T).
The signatures.
Written Consents of the Following Persons:
(a) Barry G. Skolnick, Esq.
(b) Joseph E. Crowne, F.S.A.
(c) Sutherland, Asbill & Brennan
(d) Deloitte & Touche LLP, Independent Auditors
The following exhibits:
<TABLE>
<S> <C> <C> <C> <C>
1.A. (1) Resolution of the Board of Directors of ML Life Insurance Company of New York,
establishing the Separate Account (Incorporated by Reference to Registrant's
Form S-6 Registration No. 33-51702 Filed September 4, 1992)
(2) Not applicable
(3) (a) Distribution Agreement between ML Life Insurance Company of New York and Merrill
Lynch, Pierce, Fenner & Smith Incorporated (Incorporated by Reference to
Registrant's Form S-6 Registration No. 33-61670 Filed April 26, 1993)
(b) Amended Sales Agreement between ML Life Insurance Company of New York and
Merrill Lynch Life Agency Inc. (Incorporated by Reference to Registrant's Form
S-6 Registration No. 33-61670 Filed April 26, 1993)
(c) Schedules of Sales Commissions. See Exhibit A(3)(b)
(4) Not applicable
(5) (a) (1) Modified Flexible Premium Variable Life Insurance Policy (Incorporated by
Reference to Registrant's Form S-6 Registration No. 33-51702 Filed September 4,
1992)
(2) Modified Flexible Premium Joint and Last Survivor Variable Life Insurance Policy
(Incorporated by Reference to Registrant's Form S-6 Registration No. 33-51702
Filed September 4, 1992)
(b) (1) Backdating Endorsement (Incorporated by Reference to Registrant's Form S-6
Registration No. 33-51702 Filed September 4, 1992)
(2) Guarantee of Insurability Rider (Incorporated by Reference to Registrant's Form
S-6 Registration No. 33-51702 Filed September 4, 1992)
(3) Single Premium Immediate Annuity Rider (Incorporated by Reference to
Registrant's Form S-6 Registration No. 33-51702 Filed September 4, 1992)
(4) Flexible Premium Joint and Last Survivor Partial Withdrawal Rider for use with
Modified Flexible Premium Joint and Last Survivor Variable Life Insurance Policy
(Incorporated by Reference to Registrant's Form S-6 Registration No. 33-51702
Filed September 4, 1992)
(5) Flexible Premium Partial Withdrawal Rider for use with Modified Flexible Premium
Variable Life Insurance Policy (Incorporated by Reference to Registrant's Form
S-6 Registration No. 33-51702 Filed September 4, 1992)
(6) Change of Insured Rider for use with Flexible Premium Variable Life Insurance
Policy (Incorporated by Reference to Registrant's Form S-6 Registration No.
33-51702 Filed September 4, 1992)
(6) (a) Charter of ML Life Insurance Company of New York (Incorporated by Reference to
Registrant's Form S-6 Registration No. 33-51702 Filed September 4, 1992)
</TABLE>
II-3
<PAGE>
<TABLE>
<S> <C> <C> <C> <C>
(b) By-Laws of ML Life Insurance Company of New York (Incorporated by Reference to
Registrant's Form S-6 Registration No. 33-51702 Filed September 4, 1992)
(7) Not applicable
(8) (a) Agreement between ML Life Insurance Company of New York and Merrill Lynch Funds
Distributor, Inc. (Incorporated by Reference to Registrant's Form S-6
Registration No. 33-51702 Filed September 4, 1992)
(b) Agreement between ML Life Insurance Company of New York and Merrill Lynch,
Pierce, Fenner & Smith Incorporated (Incorporated by Reference to Registrant's
Form S-6 Registration No. 33-61670 Filed April 26, 1993)
(c) Participation Agreement among Merrill Lynch Life Insurance Company, ML Life
Insurance Company of New York and Monarch Life Insurance Company (Incorporated
by Reference to Registrant's Post-Effective Amendment No. 3 to Form S-6
Registration No. 33-61670 Filed April 27, 1994)
(d) Management Agreement between Royal Tandem Life Insurance Company and Merrill
Lynch Asset Management, Inc. (Incorporated by Reference to Registrant's Form S-6
Registration No. 33-61670 Filed April 26, 1993)
(e) Form of Participation Agreement among Merrill Lynch Life Insurance Company, ML
Life Insurance Company of New York and Family Life Insurance Company
(Incorporated by Reference to Registrant's Post-Effective Amendment No. 3 to
Form S-6 Registration No. 33-55472 Filed April 27, 1994)
(9) (a) Service Agreement between Tandem Financial Group, Inc. and Royal Tandem Life
Insurance Company (Incorporated by Reference to Registrant's Form S-6
Registration No. 33-51702 Filed September 4, 1992)
(b) Service Agreement between ML Life Insurance Company of New York and Merrill
Lynch Life Insurance Company (Incorporated by Reference to Registrant's Form S-6
Registration No. 33-61670 Filed April 26, 1993)
(10) (a) Variable Life Insurance Application (Incorporated by Reference to Registrant's
Form S-6 Registration No. 33-51702 Filed September 4, 1992)
(b) Variable Life Insurance Supplemental Application 1 (Incorporated by Reference to
Registrant's Form S-6 Registration No. 33-51702 Filed September 4, 1992)
(c) Application for Additional Payment for Variable Life Insurance (Incorporated by
Reference to Registrant's Form S-6 Registration No. 33-51702 Filed September 4,
1992)
(d) Application for Reinstatement (Incorporated by Reference to Registrant's Form
S-6 Registration No. 33-51702 Filed September 4, 1992)
(e) Modified Flexible Premium Variable Life Insurance Policy (Form No. MFP87(NY)
(7/94))
(f) Modified Flexible Premium Joint and Last Survivor Variable Life Insurance Policy
(Form No. MFPLS87(NY) (7/94))
(11) Memorandum describing ML Life Insurance Company of New York's Issuance, Transfer
and Redemption Procedures (Incorporated by Reference to Registrant's
Post-Effective Amendment No. 2 to Form S-6 Registration No. 33-51794 Filed March
1, 1994)
2. See Exhibit 1.A.(5)
3. Opinion and Consent of Barry G. Skolnick, Esq. as to the legality of the securities being
registered
4. Not applicable
5. Not applicable
6. Opinion and Consent of Joseph E. Crowne, F.S.A. as to actuarial matters pertaining to the
securities being registered
</TABLE>
II-4
<PAGE>
<TABLE>
<S> <C> <C> <C> <C>
7. (a) Power of Attorney of Frederick J.C. Butler (Incorporated by Reference to
Registrant's Post-effective Amendment No. 2 to Form S-6 Registration No.
33-61670 Filed March 1, 1994)
(b) Power of Attorney of Michael P. Cogswell (Incorporated by Reference to
Registrant's Post-effective Amendment No. 2 to Form S-6 Registration No.
33-61670 Filed March 1, 1994)
(c) Power of Attorney of Sandra K. Cox (Incorporated by Reference to Registrant's
Post-effective Amendment No. 2 to Form S-6 Registration No. 33-61670 Filed March
1, 1994)
(d) Power of Attorney of Joseph E. Crowne (Incorporated by Reference to Registrant's
Post-effective Amendment No. 2 to Form S-6 Registration No. 33-61670 Filed March
1, 1994)
(e) Power of Attorney of David E. Dunford (Incorporated by Reference to Registrant's
Post-effective Amendment No. 2 to Form S-6 Registration No. 33-61670 Filed March
1, 1994)
(f) Power of Attorney of John C.R. Hele (Incorporated by Reference to Registrant's
Post-effective Amendment No. 2 to Form S-6 Registration No. 33-61670 Filed March
1, 1994)
(g) Power of Attorney of Robert L. Israeloff (Incorporated by Reference to Post-
effective Amendment No. 2 to Registrant's Form S-6 Registration No. 33-61670
Filed March 1, 1994)
(h) Power of Attorney of Allen N. Jones (Incorporated by Reference to Registrant's
Post-effective Amendment No. 2 to Form S-6 Registration No. 33-61670 Filed March
1, 1994)
(i) Power of Attorney of Cynthia L. Kahn (Incorporated by Reference to Registrant's
Post-effective Amendment No. 2 to Form S-6 Registration No. 33-61670 Filed March
1, 1994)
(j) Power of Attorney of Robert A. King (Incorporated by Reference to Registrant's
Post-effective Amendment No. 2 to Form S-6 Registration No. 33-61670 Filed March
1, 1994)
(k) Power of Attorney of Irving M. Pollack (Incorporated by Reference to
Registrant's Post-effective Amendment No. 2 to Form S-6 Registration No.
33-61670 Filed March 1, 1994)
(l) Power of Attorney of Barry G. Skolnick (Incorporated by Reference to
Registrant's Post-effective Amendment No. 2 to Form S-6 Registration No.
33-61670 Filed March 1, 1994)
(m) Power of Attorney of Anthony J. Vespa (Incorporated by Reference to Registrant's
Post-effective Amendment No. 2 to Form S-6 Registration No. 33-61670 Filed March
1, 1994)
(n) Power of Attorney of William A. Wilde (Incorporated by Reference to Registrant's
Post-effective Amendment No. 2 to Form S-6 Registration No. 33-61670 Filed March
1, 1994)
8. (a) Written Consent of Barry G. Skolnick, Esq. (See Exhibit 3)
(b) Written Consent of Joseph E. Crowne, F.S.A. (See Exhibit 6)
(c) Written Consent of Sutherland, Asbill & Brennan
(d) Written Consent of Deloitte & Touche LLP, Independent Auditors
</TABLE>
II-5
<PAGE>
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the Registrant,
ML of New York Variable Life Separate Account II, hereby certifies that this
Post-Effective Amendment No. 4 meets all of the requirements for effectiveness
pursuant to paragraph (b) of Rule 485 under the Securities Act of 1933, and has
duly caused this Post-Effective Amendment No. 4 to the Registration Statement to
be signed on its behalf by the undersigned thereunto duly authorized, and its
seal to be hereunto affixed and attested, all in the City of Plainsboro and the
State of New Jersey, on the 25th day of April 1995.
ML OF NEW YORK VARIABLE LIFE SEPARATE ACCOUNT II
(Registrant)
By: ML LIFE INSURANCE COMPANY OF NEW YORK
(Depositor)
<TABLE>
<S> <C>
Attest: /s/ EDWARD W. DIFFIN, JR. By: /s/ BARRY G. SKOLNICK
-------------------------------- -----------------------------------
Edward W. Diffin, Jr. Barry G. Skolnick
Vice President Senior Vice President
</TABLE>
Pursuant to the requirements of the Securities Act of 1933, this
Post-Effective Amendment No. 4 to the Registration Statement has been signed
below by the following persons in the capacities indicated on April 25, 1995.
<TABLE>
<CAPTION>
SIGNATURE TITLE
-------------------------------------- --------------------------------------
<S> <C>
* Chairman of the Board, President, and
-------------------------------------- Chief
Anthony J. Vespa Executive Officer
* Director, Senior Vice President, Chief
-------------------------------------- Financial Officer, Chief Actuary, and
Joseph E. Crowne Treasurer
* Director, Senior Vice President, and
-------------------------------------- Chief Investment Officer
David M. Dunford
* Director, and Senior Vice President
--------------------------------------
John C.R. Hele
* Director, Vice President, and Senior
-------------------------------------- Counsel
Michael P. Cogswell
* Director
--------------------------------------
Frederick J.C. Butler
</TABLE>
II-6
<PAGE>
<TABLE>
<CAPTION>
SIGNATURE TITLE
-------------------------------------- --------------------------------------
<S> <C>
* Director
--------------------------------------
Robert L. Israeloff
* Director
--------------------------------------
Allen N. Jones
* Director
--------------------------------------
Cynthia L. Kahn
* Director
--------------------------------------
Robert A. King
* Director
--------------------------------------
Irving M. Pollack
* Director
--------------------------------------
William A. Wilde
*By: /s/ BARRY G. SKOLNICK In his own capacity as Director,
--------------------------------- Senior Vice President, and General
Barry G. Skolnick Counsel and as
Attorney-In-Fact
</TABLE>
II-7
<PAGE>
EXHIBIT INDEX
<TABLE>
<S> <C> <C> <C> <C>
1.A. (10) (e) Modified Flexible Premium Variable Life Insurance Policy (Form No. MFP87(NY)
(7/94))
(10) (f) Modified Flexible Premium Joint and Last Survivor Variable Life Insurance Policy
(Form No. MFPLS87(NY) (7/94))
3. Opinion and Consent of Barry G. Skolnick, Esq. as to the legality of the securities being
registered
6. Opinion and Consent of Joseph E. Crowne, F.S.A. as to actuarial matters pertaining to the
securities being registered
8. (c) Written Consent of Sutherland, Asbill & Brennan
(d) Written Consent of Deloitte & Touche LLP, Independent Auditors
</TABLE>
II-8
<PAGE>
ML LIFE INSURANCE COMPANY OF NEW YORK
Home Office: 100 Church Street, 11th Floor, New York, New York 10080-6511
Variable Life Insurance Service Center: P.O. Box 9025, Springfield,
Massachusetts 01102-9025
- --------------------------------------------------------------------------------
INSURED RICHARD ROE
INITIAL PREMIUM $50,000.00 ISSUE AGE/SEX 35 Male
ISSUE DATE January 29, 1994 INITIAL FACE AMOUNT $184,697
POLICY DATE January 28, 1994 UNDERWRITING Non-Smoker
POLICY NUMBER SPECIMEN CLASS
MODIFIED FLEXIBLE PREMIUM VARIABLE LIFE INSURANCE POLICY
This policy is a legal contract between its owner and us. PLEASE READ IT
CAREFULLY. In this policy, the word YOU refers to the insured shown in Policy
Schedule 1. WE refers to ML Life Insurance Company of New York ("ML of New
York").
- --------------------------------------------------------------------------------
DEATH BENEFIT PROVIDED BY THIS POLICY
We will pay the death benefit proceeds to the beneficiary when we receive proof
of your death.
AT ISSUE, THE DEATH BENEFIT EQUALS THIS POLICY'S INITIAL FACE AMOUNT.
AFTERWARDS, THE DEATH BENEFIT MAY INCREASE OR DECREASE ON ANY DAY, DEPENDING ON
THIS POLICY'S INVESTMENT RESULTS BUT WILL NEVER BE LESS THAN THIS POLICY'S FACE
AMOUNT. THE DURATION FOR WHICH THE DEATH BENEFIT IS IN EFFECT MAY VARY WITH THE
INVESTMENT RESULTS BUT WILL NEVER BE LESS THAN THIS POLICY'S GUARANTEE PERIOD.
FOR DETAILS ON DEATH BENEFIT PROCEEDS AND THE GUARANTEE PERIOD SEE INSURANCE
BENEFITS.
- --------------------------------------------------------------------------------
CASH VALUE BENEFITS PROVIDED BY THIS POLICY
During your lifetime while this policy is in effect, we provide cash value
benefits and other important rights as described in this policy.
THE CASH SURRENDER VALUE MAY INCREASE OR DECREASE ON ANY DAY, DEPENDING ON THE
INVESTMENT RESULTS FOR THIS POLICY. NO MINIMUM AMOUNT IS GUARANTEED. SEE POLICY
BENEFITS FOR THE OWNER FOR INFORMATION ON CASH SURRENDER VALUES.
- --------------------------------------------------------------------------------
INVESTMENT RESULTS FOR THIS POLICY
The owner can allocate this policy's total investment base among investment
divisions. Each division invests in a designated investment portfolio. Cash
surrender values and death benefits may increase or decrease depending on the
investment experience of the divisions, the allocation of the policy's
investment base among the divisions and the timing and amount of all premiums.
See HOW VARIABLE LIFE INSURANCE WORKS for details.
- --------------------------------------------------------------------------------
RIGHT TO EXAMINE THIS POLICY
This policy may be returned on or before the end of the FREE LOOK PERIOD. That
period ends 10 days after the owner receives this policy. Mail or deliver this
policy to us or to the agent who sold it. The returned policy will be treated as
if we never issued it. We'll promptly return any premium paid.
/s/ Barry G. Skolnick /s/ Anthony J. Vespa
Secretary President
- --------------------------------------------------------------------------------
MODIFIED FLEXIBLE PREMIUM VARIABLE LIFE INSURANCE POLICY
Variable life insurance payable upon death of insured. Death benefit subject to
guaranteed minimum during Guarantee Period. Guaranteed minimum is policy's face
amount. Flexible premiums. Non-participating. Investment results reflected in
policy benefits.
MFP87(NY)(7/94)
<PAGE>
- --------------------------------------------------------------------------------
POLICY CONTENTS
- --------------------------------------------------------------------------------
POLICY SCHEDULES
Premiums Policy Schedule 1
Policy Facts 2
Charges and Fees for This Policy 3
Table of Net Single Premium Factors 4
Table of Guaranteed Maximum Cost of Insurance Rates 5
The Separate Account 6
INTRODUCTION TO THIS POLICY Page 3
PREMIUM PAYMENTS 4
HOW VARIABLE LIFE INSURANCE WORKS 6
POLICY BENEFITS FOR THE OWNER 10
INSURANCE BENEFITS 13
CHOOSING AN INCOME PLAN 15
OTHER IMPORTANT INFORMATION 18
A copy of the application(s) and any additional benefit riders and endorsements
are at the back of this policy.
- --------------------------------------------------------------------------------
POLICY SCHEDULES
THE POLICY SCHEDULES COME RIGHT AFTER THIS PAGE. THEY GIVE SPECIFIC FACTS ABOUT
THIS POLICY AND ITS COVERAGE. PLEASE REFER TO THEM WHILE READING THIS POLICY.
MFP87(NY)
<PAGE>
- --------------------------------------------------------------------------------
POLICY SCHEDULE 1
INSURED RICHARD ROE
INITIAL PREMIUM $50,000.00 ISSUE AGE/SEX 35 Male
ISSUE DATE January 29, 1994 INITIAL FACE AMOUNT $184,697
POLICY DATE January 28, 1994 UNDERWRITING Non-Smoker
POLICY NUMBER SPECIMEN CLASS
PREMIUMS
- --------------------------------------------------------------------------------
Premium Payments Initial premium paid with application $50,000.00
- --------------------------------------------------------------------------------
Allocation Allocation of total investment base on policy date:
Information Total
Investment
Division Base
-------- ----------
MONEY RESERVE $50,000.00
Total $50,000.00
SCH1 POLICY SCHEDULE 1
<PAGE>
- --------------------------------------------------------------------------------
POLICY SCHEDULE 1
INSURED RICHARD ROE
INITIAL PREMIUM $50,000.00 ISSUE AGE/SEX 35 Male
ISSUE DATE January 29, 1994 INITIAL FACE AMOUNT $184,697
POLICY DATE January 28, 1994 UNDERWRITING Non-Smoker
POLICY NUMBER SPECIMEN CLASS
PREMIUMS
- --------------------------------------------------------------------------------
Premium Payments Initial premium paid with application $50,000.00
Planned periodic premiums of $50,000.00 have been
elected. They may be paid starting May 28, 1992
and annually thereafter through May 28, 1997.
- --------------------------------------------------------------------------------
Allocation Allocation of total investment base on policy date:
Information Total
Investment
Division Base
-------- ----------
MONEY RESERVE $50,000.00
Total $50,000.00
SCH1 POLICY SCHEDULE 1
<PAGE>
- --------------------------------------------------------------------------------
POLICY SCHEDULE 2
INSURED RICHARD ROE
INITIAL PREMIUM $50,000.00 ISSUE AGE/SEX 35 Male
ISSUE DATE January 29, 1994 INITIAL FACE AMOUNT $184,697
POLICY DATE January 28, 1994 UNDERWRITING Non-Smoker
POLICY NUMBER SPECIMEN CLASS
POLICY FACTS
- --------------------------------------------------------------------------------
Owner Owner of this policy on the issue date is:
RICHARD ROE
- --------------------------------------------------------------------------------
Policy Processing Policy processing dates are the policy date and the
Date days when we deduct charges and are on the same day
of the month as the policy date at the end of each
successive 3 month period.
Policy Processing A policy processing period is the period between
Period successive policy processing dates.
- --------------------------------------------------------------------------------
Investment Base - Maximum number of divisions to be allocated at any one
Allocation Rules time is 5.
Number of allocation changes per year is unlimited. We
reserve the right to limit the number of changes, but
in no event to less than 5 per year.
No allocation changes are allowed during the free look
period.
- --------------------------------------------------------------------------------
Maturity Date of On the maturity date of an investment division, amounts
an Investment in that division will be allocated to the
Division Money Reserve division, unless otherwise specified
by the owner.
- --------------------------------------------------------------------------------
Additional Maximum attained age of either insured at time of
Premiums - payment is 80.
Other than Planned Minimum additional premium is $200.
Periodic Premiums Number of additional premium payments permitted per
year is 4.
- --------------------------------------------------------------------------------
Grace Period The Grace Amount is equal to the charges that were due
on the policy processing date on which we determined
that the cash surrender value was insufficient.
- --------------------------------------------------------------------------------
Reinstatement The reinstatement premium is the minimum premium for
which we would then issue this policy based on your
attained age and underwriting class as of the effective
date of the reinstated policy.
- --------------------------------------------------------------------------------
Changing the Maximum attained age of either insured at time of change
Face Amount is 80.
Minimum change in face amount is $10,000.
Number of changes permitted per year is 1.
- --------------------------------------------------------------------------------
Policy Loan Loan value is 90% of the cash surrender value.
Minimum loan amount is $200 (except when used to pay
premiums on another ML of New York policy).
Minimum repayment amount is $200.
Loan interest rate is 6.00% per year.
- --------------------------------------------------------------------------------
Initial Guarantee The initial Guarantee Period is for the life
Period of the insured.
- --------------------------------------------------------------------------------
Maturity Date The maturity date of this policy is the policy
of This Policy anniversary nearest the insured's 100th birthday.
- --------------------------------------------------------------------------------
Interest Rate 1980 CSO Mortality Table (Male)
and Mortality
Table used in Interest at 4.00% per year
Our Computations
- --------------------------------------------------------------------------------
SCH2(NY.1)FP POLICY SCHEDULE 2
<PAGE>
POLICY SCHEDULE 2
(CONTINUED)
- --------------------------------------------------------------------------------
Policy Riders, None
if any
- --------------------------------------------------------------------------------
SCH2(NY.1)FP POLICY SCHEDULE 2
<PAGE>
- --------------------------------------------------------------------------------
POLICY SCHEDULE 3
INSURED RICHARD ROE
INITIAL PREMIUM $50,000.00 ISSUE AGE/SEX 35 Male
ISSUE DATE January 29, 1994 INITIAL FACE AMOUNT $184,697
POLICY DATE January 28, 1994 UNDERWRITING Non-Smoker
POLICY NUMBER SPECIMEN CLASS
CHARGES AND FEES FOR THIS POLICY
- --------------------------------------------------------------------------------
Premium Loading None
Deducted Before
Allocation
- --------------------------------------------------------------------------------
Basic Policy Mortality Cost:
Charges and Fees - Guaranteed maximum cost of insurance rates per
Deducted from $1,000 are shown in Policy Schedule 5.
the Investment
Base Administrative Fees:
- None
Annual Recovery of Deferred Policy Loading:
- Initial Premium: .90% of initial premium deducted
annually on the first through tenth policy
anniversaries.
- Additional Premiums: .90% of each additional premium
deducted annually on the first through tenth
policy anniversaries following receipt and acceptance
of the additional premium.
Loan Charge:
- This is the difference between the loan interest rate
and the rate we credit to borrowed funds and will be a
maximum of 2.00% of the policy debt deducted annually.
- --------------------------------------------------------------------------------
Charges Deducted Asset Charge:
from Divisions in - daily charge of .002477% (equivalent to .90% annually
the Separate in advance).
Account
Trust Charge:
- daily charge of .000933% (equivalent to .34% annually
in advance).
We reserve the right to increase the Trust Charge
but in no event above .001373% (equivalent to .50%
annually in advance).
- --------------------------------------------------------------------------------
Rider Charges None
Deducted from the
Investment Base
- --------------------------------------------------------------------------------
Other Rider None
Charges
- --------------------------------------------------------------------------------
SCH3(NY.1)FP POLICY SCHEDULE 3
<PAGE>
POLICY SCHEDULE 3
(CONTINUED)
- --------------------------------------------------------------------------------
Deferred Policy The amount of Deferred Policy Loading applicable during
Loading a policy year is deducted from this policy's investment
base in calculating its cash surrender value.
- Initial Premium
The maximum amount of the Deferred Policy Loading
attributable to the initial premium is:
During As % of During As % of
Policy Initial Policy Initial
Year Premium Year Premium
------ ------- ------ -------
1 9.00% 6 4.50%
2 8.10 7 3.60
3 7.20 8 2.70
4 6.30 9 1.80
5 5.40 10 0.90
11+ 0
Policy year is measured from the policy date.
- Additional Premiums
The maximum increase in the amount of the Deferred
Policy Loading attributable to an additional premium
is:
Additional As % of Each Additional As % of Each
Premium Additional Premium Additional
Year * Premium Year * Premium
---------- ------------ ---------- ------------
1 9.00% 6 4.50%
2 8.10 7 3.60
3 7.20 8 2.70
4 6.30 9 1.80
5 5.40 10 0.90
11+ 0
* Additional premium year 1 is the period from the date
we receive and accept an additional premium to the
next policy anniversary. Additional premium years
2 through 10 are the full policy years thereafter.
- --------------------------------------------------------------------------------
SCH3(NY.1)FP POLICY SCHEDULE 3
<PAGE>
- --------------------------------------------------------------------------------
POLICY SCHEDULE 4
- --------------------------------------------------------------------------------
TABLE OF NET SINGLE PREMIUM FACTORS (Male)
(Attained Age Factors Per $1.00 of Cash Surrender Value)
Attained Attained Attained Attained
Age Factor Age Factor Age Factor Age Factor
- -------- -------- -------- -------- -------- -------- -------- --------
35 3.97197 60 1.87342 85 1.18029
36 3.84281 61 1.82635 86 1.16822
37 3.71808 62 1.78124 87 1.15699
38 3.59795 63 1.73815 88 1.14643
39 3.48248 64 1.69704 89 1.13635
40 3.37136 65 1.65786 90 1.12657
41 3.26461 66 1.62056 91 1.11684
42 3.16191 67 1.58501 92 1.10693
43 3.06323 68 1.55105 93 1.09655
44 2.96853 69 1.51855 94 1.08536
45 2.87749 70 1.48745 95 1.07314
46 2.79004 71 1.45776 96 1.05986
47 2.70588 72 1.42950 97 1.04582
48 2.62495 73 1.40274 98 1.03189
49 2.54713 74 1.37755 99 1.02207
50 2.47233 75 1.35394
51 2.40027 76 1.33182
52 2.33112 77 1.31108
53 2.26483 78 1.29153
54 2.20135 79 1.27297
55 2.14058 80 1.25527
56 2.08243 81 1.23842
57 2.02686 82 1.22242
58 1.97358 83 1.20736
59 1.92247 84 1.19331
Factors shown are based on the insured's attained age as of each policy
anniversary.
On policy processing dates not shown, we will determine the Net Single Premium
Factor in a consistent manner with allowance for time elapsed.
The Net Single Premium Factor on a date during a policy processing period is
determined by interpolating between the factors for the policy processing date
immediately preceding and immediately following that date.
SCH4 POLICY SCHEDULE 4
<PAGE>
- --------------------------------------------------------------------------------
POLICY SCHEDULE 5
- --------------------------------------------------------------------------------
TABLE OF GUARANTEED MAXIMUM COST OF INSURANCE RATES (Male)
(Attained Age Quarterly Rates per $1,000 of Net Amount at Risk)
Attained Attained Attained Attained
Age Rate Age Rate Age Rate Age Rate
- -------- -------- -------- -------- -------- -------- -------- --------
35 0.53 60 4.06 85 42.37
36 0.56 61 4.43 86 46.45
37 0.60 62 4.86 87 50.72
38 0.65 63 5.34 88 55.16
39 0.70 64 5.87 89 59.79
40 0.76 65 6.46 90 64.68
41 0.82 66 7.09 91 69.95
42 0.89 67 7.76 92 75.82
43 0.97 68 8.47 93 82.63
44 1.05 69 9.25 94 91.64
45 1.14 70 10.13 95 105.27
46 1.23 71 11.13 96 129.03
47 1.33 72 12.28 97 177.60
48 1.44 73 13.61 98 307.77
49 1.56 74 15.10 99 333.33
50 1.68 75 16.72
51 1.83 76 18.46
52 2.00 77 20.27
53 2.19 78 22.15
54 2.40 79 24.15
55 2.63 80 26.36
56 2.89 81 28.84
57 3.15 82 31.67
58 3.43 83 34.91
59 3.73 84 38.50
Rates shown are based on the insured's attained age as of each policy
anniversary. They do not change during a policy year.
SCH5 POLICY SCHEDULE 5
<PAGE>
- --------------------------------------------------------------------------------
POLICY SCHEDULE 6
THE SEPARATE ACCOUNT
- --------------------------------------------------------------------------------
The Separate The Separate Account is ML of New York Variable Life
Account Separate Account II which is organized in and governed by
the laws of New York, our state of domicile. The Separate
Account is divided into investment divisions.
- --------------------------------------------------------------------------------
Investment Each investment division listed below invests in shares
Divisions of the mutual fund portfolio designated. Each portfolio
Investing in is a part of the Merrill Lynch Series Fund, Inc., or
Shares of a the Merrill Lynch Variable Series Fund, Inc. managed
Mutual Fund by Merrill Lynch Asset Management, L.P., which is a
subsidiary of Merrill Lynch & Co., Inc.
MONEY RESERVE MONEY RESERVE PORTFOLIO
DIVISION Objective - Preservation of capital, liquidity and
a high level of current income
consistent with these objectives.
Investments - Money market instruments including:
short term U.S. government securities,
government agency securities, bank
money instruments, prime commercial
paper and high grade short term
corporate obligations.
Term - Substantially all issues maturing in
less than 1 year.
GOVERNMENT BOND INTERMEDIATE GOVERNMENT BOND PORTFOLIO
DIVISION Objective - Highest possible income while
protecting capital.
Investments - Debt securities of the U.S. government
or its agencies.
Term - Generally securities maturing in an
average of 6 to 8 years. Maximum
maturity will not exceed 15 years.
CORPORATE BOND LONG TERM CORPORATE BOND PORTFOLIO
DIVISION Objective - High current income.
Investments - Primarily high quality fixed income
corporate bonds.
Term - Generally corporate bonds maturing in
more than 15 years.
HIGH YIELD HIGH YIELD PORTFOLIO
DIVISION Objective - Highest current income.
Investments - Primarily fixed income securities rated
in the lower categories of the
established rating services.
CAPITAL STOCK CAPITAL STOCK PORTFOLIO
DIVISION Objective - Long term growth of capital and income,
plus reasonable current income.
Investments - Common stocks of good or improving
quality thought to be undervalued. Cash
reserves including government and
money market securities will be used as
management considers appropriate.
GROWTH STOCK GROWTH STOCK PORTFOLIO
DIVISION Objective - Above average long term growth of
capital. Current income not a major
consideration.
Investments - Primarily common stocks of aggressive
growth companies considered to have
special growth potential.
SCH6A (3/94) POLICY SCHEDULE 6
<PAGE>
POLICY SCHEDULE 6
(CONTINUED)
- --------------------------------------------------------------------------------
GLOBAL STRATEGY GLOBAL STRATEGY PORTFOLIO
DIVISION Objective - High total investment return.
Investments - Primarily a diversified portfolio of
equity and fixed income securities
of U.S. and foreign issuers.
MULTIPLE STRATEGY MULTIPLE STRATEGY PORTFOLIO
DIVISION Objective - Highest total investment return
consistent with prudent risk through
fully managed investment policy.
Investments - May, at any given time, be
substantially invested in equity
securities, bonds and notes or money
market securities.
NATURAL RESOURCES NATURAL RESOURCES PORTFOLIO
DIVISION Objective - Long term growth and protection of
capital.
Investments - Equity securities of domestic and
foreign companies with substantial
natural resource assets.
BALANCED BALANCED PORTFOLIO
DIVISION Objective - Current income as well as capital
appreciation.
Investments - Balanced portfolio of fixed income
and equity securities.
INT'L BOND INTERNATIONAL BOND FUND
DIVISION Objective - High total investment return.
Investments - Non-U.S. international portfolio
of debt instruments denominated
in various currencies and multi-
national currency units.
DEVELOPING CAP DEVELOPING CAPITAL MARKETS FOCUS FUND
DIVISION Objective - Long-term capital appreciation.
Investments - Securities, principally equities,
of issuers in countries having
smaller capital markets.
GLOBAL UTILITY GLOBAL UTILITY FOCUS FUND
DIVISION Objective - Capital appreciation and current
income.
Investments - At least 65% in equity and debt
securities issued by domestic and
foreign companies which are, in the
opinion of the Investment Adviser,
primarily engaged in the ownership
or operation of facilities used to
generate, transmit or distribute
electricity, telecommunications,
gas or water.
INT'L EQUITY INTERNATIONAL EQUITY FOCUS FUND
DIVISION Objective - Capital appreciation.
Investments - Securities, principally equities,
of issuers in countries other than
the U.S.
WORLD INCOME WORLD INCOME FOCUS FUND
DIVISION Objective - High current income
Investments - Global portfolio of fixed income
securities denominated in various
currencies, including multinational
currency units. May invest in U.S.
and foreign government and corporate
fixed income securities, including
high yield, high risk, lower rated
and unrated securities.
SCH6A (3/94) POLICY SCHEDULE 6
<PAGE>
POLICY SCHEDULE 6
(CONTINUED)
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BASIC VALUE BASIC VALUE FOCUS FUND
DIVISION Objective - Capital appreciation and,
secondarily, income.
Investment - Securities, primarily equities that
management of the Fund believes are
undervalued and therefore represent
basic investment value.
Investment Each investment division listed below invests in units
Divisions of a unit investment trust. Each trust is a part of the
Investing in Merrill Lynch Fund of Stripped ("Zero") U.S. Treasury
Units of a Securities and is sponsored by Merrill Lynch, Pierce,
Unit Investment Fenner & Smith Inc., which is a subsidiary of Merrill
Trust Lynch & Co., Inc.
The objective and investments listed below apply to all
trusts. The maturity date is specified for each.
Objective - To provide safety of capital and a high
yield to maturity.
Investments - Bearer debt obligations of the United
States of America which have been
stripped of their unmatured interest
coupons, coupons stripped from debt
obligations of the United States of
America and receipts and certificates
for such stripped debt obligations and
stripped coupons.
Maturity - The Divisions have the following fixed
Date maturity dates:
DIVISION MATURITY DATE
---------- -------------
1994 TRUST August 15, 1994
1995 TRUST January 15, 1995
1996 TRUST February 15, 1996
1997 TRUST February 15, 1997
1998 TRUST February 15, 1998
1999 TRUST February 15, 1999
2000 TRUST February 15, 2000
2001 TRUST February 15, 2001
2002 TRUST February 15, 2002
2003 TRUST August 15, 2003
2004 TRUST February 15, 2004
2005 TRUST February 15, 2005
2006 TRUST February 15, 2006
2007 TRUST February 15, 2007
2008 TRUST February 15, 2008
2009 TRUST February 15, 2009
2010 TRUST February 15, 2010
2011 TRUST February 15, 2011
2013 TRUST February 15, 2013
2014 TRUST February 15, 2014
NOTE: PLEASE REFER TO THE PROSPECTUSES FOR THE POLICY, THE MERRILL LYNCH
SERIES FUND, INC., THE MERRILL LYNCH VARIABLE SERIES FUND, INC.,
AND THE MERRILL LYNCH FUND OF STRIPPED ("ZERO") U.S. TREASURY
SECURITIES, FOR MORE DETAILS.
SCH6A(NY) POLICY SCHEDULE 6
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INTRODUCTION TO THIS POLICY
This policy insures your life. You are also the owner of this policy unless
another owner has been named in the application. The owner is shown in Policy
Schedule 2. The owner has the rights and options described in this policy.
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THIS POLICY IS A CONTRACT
This policy is a contract between its owner and us. We provide insurance
coverage and other benefits as stated in this policy. We do this in return for a
completed application and payment of the initial premium.
Whenever we use the word POLICY, we mean the entire contract. The entire
contract consists of:
- the basic policy;
- the attached copy of the initial application;
- all subsequent applications to change the basic policy; and
- any riders or endorsements.
RIDERS and ENDORSEMENTS add provisions or change the terms of the basic policy.
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DATES AND AGES REFERRED TO IN THIS POLICY
The following dates and the issue age are shown in Policy Schedule 1.
DATE OF ISSUE
This is the date this policy is issued at our Service Center. The contestable
and suicide periods are measured from this date.
POLICY DATE
This date is used to determine policy processing dates, policy years and
anniversaries. The policy date may or may not be the same as the date of issue.
ISSUE AGE
This is your age on your birthday nearest the policy date.
ATTAINED AGE
This is your issue age plus the number of full years elapsed
since the policy date.
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RIGHT TO NAME A CONTINGENT OWNER
If you are not the owner, the owner may name a contingent owner. The owner may
want to do this in case he or she dies before a death benefit is payable under
this policy. Ownership of this policy would then pass to the contingent owner.
If there's no contingent owner, ownership would pass to the deceased owner's
estate.
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THE BENEFICIARY
The beneficiary is the person to whom we pay the proceeds upon your death. We
pay the proceeds to the primary beneficiary. If the primary beneficiary
(whether or not irrevocable) has died, the proceeds are paid to any contingent
beneficiary. If there is no surviving beneficiary, we pay the proceeds to your
estate.
Two or more persons may be named as primary beneficiaries or contingent
beneficiaries. In that case we will assume the proceeds are to be paid in equal
shares to the surviving beneficiaries. The owner can specify other than equal
shares.
The owner reserves the right to change beneficiaries unless the designation of
the primary beneficiary has been made irrevocable. If an irrevocable beneficiary
has been designated, the owner and irrevocable beneficiary must act together to
exercise the rights and options under this policy.
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CHANGE OF OWNER OR BENEFICIARY
During your lifetime the owner can transfer ownership of this policy
and change the beneficiary. To do this, the owner must send us written notice of
the change in a form satisfactory to us. The change will take effect as of the
day the notice is signed. But the change will not affect any payment made or
action taken by us before receipt of the notice of the change at our Service
Center.
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SENDING NOTICE TO US
Any written notices or requests should be sent to our Service Center. The
address is shown on the front of this policy. Please include your name, policy
number, and, if another owner has been named, the name of the owner.
MFP87 3
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PREMIUM PAYMENTS
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WHEN TO PAY PREMIUMS
Payment of the initial premium is required to put this policy in effect. The
amount of the initial premium is shown in Policy Schedule 1. After that, the
owner may pay additional premiums under this policy. See ADDITIONAL PREMIUMS.
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WHERE TO PAY PREMIUMS
Pay the premiums to our Service Center. On request we'll give a receipt signed
by our treasurer.
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ADDITIONAL PREMIUMS
The owner may pay additional premiums under this policy after the end of the
free look period. To make an additional premium payment, the owner must provide
us with satisfactory notice at our Service Center. This may be subject to
evidence of insurability based on our underwriting rules. Additional premiums
may be paid under a periodic plan subject to our rules. See GUARANTEE OF
INSURABILITY RIDER. Unless otherwise specified by the owner, we will send
reminder notices for the planned periodic premiums. Additional premiums, other
than planned periodic premiums, are subject to the restrictions shown in Policy
Schedule 2. We reserve the right to return any additional premiums that would
cause this policy to fail to qualify as life insurance under applicable tax laws
as interpreted by us.
The amount and frequency of any planned periodic premiums elected in the initial
application are shown in Policy Schedule 1. Subject to our rules the owner may
change the frequency and amount of planned periodic premiums by providing us
with satisfactory notice at our Service Center. We may require satisfactory
evidence of insurability before we permit the owner to increase the amount of
planned periodic premiums.
Unless otherwise specified by the owner, if there is any policy debt, any
additional premiums paid, other than planned periodic premiums, will be used
first as a loan repayment with any excess applied as an additional premium. See
POLICY LOANS.
As of the date we receive and accept any additional premium:
- The Variable Insurance Amount will reflect this payment.
- The deferred policy loading in the policy year of payment will
increase. Such increase will be recovered in level installments from
this policy's investment base. See Policy Schedule 3 for details.
- The fixed base will increase by the amount of the payment less any
premium loading deducted before allocation and less any deferred
policy loading applicable to such payment as shown in Policy Schedule
3.
As of the policy processing date on or next following the date of receipt and
acceptance of the additional premium the guaranteed benefits will increase. See
HOW WE DETERMINE THE GUARANTEE PERIOD AND FACE AMOUNT.
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MFP87(NY)
<PAGE>
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GRACE PERIOD
After the end of the Guarantee Period, we will terminate this policy on any
policy processing date if the cash surrender value on such policy processing
date is negative. This negative cash surrender value will be considered as an
overdue charge as of such policy processing date. We will not terminate this
policy due to a negative cash surrender value until the end of the grace period.
The grace period will end 61 days after we mail a notice that we may terminate
this policy because of insufficient cash surrender value. To avoid termination,
the owner must pay us at least the GRACE AMOUNT shown in Policy Schedule 2. This
amount will be specified on the notice we send. If you die during the grace
period, we will pay the beneficiary the insurance benefits as described in
PROCEEDS PAYABLE TO THE BENEFICIARY.
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HOW TO REINSTATE THIS POLICY
If we have terminated this policy at the end of the grace period, the owner may
reinstate it while you are alive if:
- The owner asks for reinstatement within three (3) years after the end
of the grace period;
- We receive satisfactory evidence of your insurability; and
- The owner pays us at least the REINSTATEMENT PREMIUM shown in Policy
Schedule 2.
The effective date of the reinstated policy will be the policy processing date
on or next following the date we approve your reinstatement application.
5
MFP87
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HOW VARIABLE LIFE INSURANCE WORKS
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THE SEPARATE ACCOUNT
The variable life insurance benefits under this policy are provided through
investments we make in the separate account designated in Policy Schedule 6.
This account is kept separate from our general account and any other separate
accounts we may have. It is used to support variable life insurance policies and
may be used for other purposes permitted by applicable laws and regulations. We
own the assets in the separate account. Assets equal to the reserves and other
liabilities of the account won't be charged with liabilities that arise from any
other business we conduct. But we may transfer to our general account assets
which exceed the reserves and other liabilities of the separate account.
The separate account will invest in mutual funds, unit investment trusts and
other investment portfolios which we determine to be suitable for this policy's
purposes. The separate account is treated as a unit investment trust under
Federal securities laws. It is registered with the Securities and Exchange
Commission (SEC) under the Investment Company Act of 1940. The separate account
is also governed by state laws as designated in Policy Schedule 6.
Income, realized and unrealized gains or losses from assets in the separate
account are credited to or charged against the account without regard to other
income, gains or losses in our other investment accounts.
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INVESTMENT DIVISIONS
The separate account is divided into investment divisions. Each investment
division invests in a designated investment portfolio. The divisions and the
investment portfolios in which they invest are specified in Policy Schedule 6.
Some of the portfolios designated may be managed by a separate investment
adviser. Such adviser is registered under the Investment Advisers Act of 1940.
Each investment division will be valued at the end of each valuation period. A
VALUATION PERIOD is each business day together with any non-business days before
it. A BUSINESS DAY for a division is any day the New York Stock Exchange (NYSE)
is open for trading, or any day in which the SEC requires that the mutual funds,
unit investment trusts or other investment portfolios be valued.
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CHANGES WITHIN THE SEPARATE ACCOUNT
We may from time to time make additional investment divisions available. These
divisions will invest in investment portfolios we find suitable for this policy.
We also have the right to eliminate investment divisions from the separate
account, to combine two or more investment divisions, or to substitute a new
portfolio for the portfolio in which an investment division invests. A
substitution may become necessary if, in our judgment, a portfolio no longer
suits the purposes of this policy. This may happen due to a change in laws or
regulations, or a change in a portfolio's investment objectives or restrictions,
or because the portfolio is no longer available for investment, or for some
other reason. We would get prior approval from the insurance department of our
state of domicile before making such a substitution. We would also get prior
approval from the SEC and any other required approvals before making such a
substitution.
Subject to any required regulatory approvals, we reserve the right to transfer
assets of the separate account or of an investment division, which we determine
to be associated with the class of policies to which this policy belongs, to
another separate account or investment division.
When permitted by law, we reserve the right to:
- deregister the separate account under the Investment Company Act of
1940;
6
MFP87
<PAGE>
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CHANGES WITHIN THE SEPARATE ACCOUNT (CONTINUED)
- operate the separate account as a management company under the
Investment Company Act of 1940;
- restrict or eliminate any voting rights of policyowners, or other
persons who have voting rights as to the separate account; and
- combine the separate account with other separate accounts.
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TOTAL INVESTMENT BASE
The TOTAL INVESTMENT BASE is the amount that this policy provides for investment
at any time. It is the sum of the investment base in each of the investment
divisions. The owner selects the divisions to which to allocate the total
investment base. The maximum number of divisions to which the total investment
base may be allocated at any one time is shown in Policy Schedule 2.
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INVESTMENT BASE IN EACH INVESTMENT DIVISION
ON THE POLICY DATE
On the policy date, the total investment base is allocated among the divisions
as shown in Policy Schedule 1.
ON EACH SUBSEQUENT BUSINESS DAY
On each subsequent business day, the investment base in each division is an
amount calculated as follows:
(1) We take the investment base in the division at the end of the preceding
valuation period.
(2) We multiply (1) by the division's net rate of return for the current
valuation period.
(3) We add (1) and (2).
(4) We add to (3) any premiums allocated to the division during the current
valuation period less any premium loading deducted before allocation as
shown in Policy Schedule 3.
(5) We add to (4) any loan repayments received and subtract from (4) any
borrowed amounts which are allocated to the division during the current
valuation period.
(6) If the business day is a policy processing date, we subtract from (5) the
amounts allocated to that division for:
(a) mortality costs;
(b) administrative fees;
(c) any other fees we describe in Policy Schedule 3; and
(d) any rider charges deducted from the investment base.
If a policy processing date is on a policy anniversary, we also subtract:
(e) any annual recovery of deferred policy loading; and
(f) any net loan cost.
All amounts in (6) will be allocated to each division in the proportion
that (3) bears to the total investment base.
(7) If the charges in (6) exceed the amount in (5), we will first calculate the
cash surrender value to determine the amount of any overdue charges and
then set the investment base in each division to zero.
7
MFP87(NY)
<PAGE>
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FIXED BASE
The FIXED BASE on the policy date of this policy equals this policy's cash
surrender value. Thereafter, the fixed base is calculated in the same manner as
the cash surrender value except that all calculations will be based on the
guaranteed maximum cost of insurance rates shown in Policy Schedule 5 and the
interest rate used in our computations shown in Policy Schedule 2. The fixed
base calculation does not reflect policy loans and repayments.
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CHARGES DEDUCTED FROM INVESTMENT BASE ON EACH
POLICY PROCESSING DATE AFTER THE POLICY DATE
MORTALITY COST
We will determine the mortality cost on each policy processing date after the
policy date as follows:
(1) We determine the policy's NET AMOUNT AT RISK as of the previous policy
processing date, which is equal to:
(a) the death benefit as of such previous policy processing date,
less
(b) the cash surrender value as of such previous policy processing
date.
(2) We adjust (1) for interest at the rate used in our computations which is
shown in Policy Schedule 2 to reflect that:
(a) we assume claims are paid immediately upon the death of the
insured, and
(b) we deduct the mortality cost at the end of a policy processing
period.
(3) We divide (2) by $1,000.
(4) We determine the CURRENT COST OF INSURANCE rate per $1,000 based on the
insured's sex, attained age, underwriting class and the value of (3) above.
If your underwriting class changes as a result of a change in face amount
requested by the owner or an additional premium payment, we will determine
the current cost of insurance rate per $1,000 separately for increases in
death benefit after the effective date of such increase.
(5) We multiply (3) by (4).
In no event will (5) be greater than the amount determined by substituting
the fixed base as of the previous policy processing date for the amount of
cash surrender value in (1)(b) above and the guaranteed maximum cost of
insurance rate per $1,000 for the current cost of insurance rate per $1,000
in (4).
We may change the current cost of insurance rates per $1,000 from time to time.
Any change in the current rates will be as described in CHANGES IN POLICY COST
FACTORS. They will never be more than the guaranteed maximum cost of insurance
rates per $1,000 shown in Policy Schedule 5.
OTHER DEDUCTIONS
Administrative and other fees and the annual recovery of deferred policy loading
are shown in Policy Schedule 3. The annual recovery of deferred policy loading
will be increased if additional premiums are paid. See ADDITIONAL PREMIUMS. The
net loan cost is described in the POLICY LOANS provision. The cost of any
benefits from riders is shown in Policy Schedule 3.
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ALLOCATION OF ADDITIONAL PREMIUMS
As of the date we receive and accept an additional premium payment, the increase
in the total investment base will be allocated among the investment divisions in
accordance with instructions from the owner. If no such instructions are
received by us, allocation will be among the investment divisions in proportion
to the investment base in each division as of the date we receive and accept the
premium.
8
MFP87
<PAGE>
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OWNER'S RIGHT TO CHANGE ALLOCATION OF TOTAL INVESTMENT BASE
The owner can change the allocation of the total investment base among the
investment divisions. The number of changes each year that we will allow is
shown in Policy Schedule 2. To make a change, the owner must provide us with
satisfactory notice at our Service Center. The change will take effect when we
receive the notice. Our calculations will reflect the change.
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WHAT HAPPENS ON THE MATURITY DATE OF AN INVESTMENT DIVISION
If part of the total investment base is allocated to an investment division that
has a maturity date, then, unless otherwise specified by the owner, the amounts
in that division as of the maturity date will be allocated to the investment
division designated for that purpose in Policy Schedule 2.
We will notify the owner 30 days in advance of the maturity date. To elect an
allocation to other than the division designated in Policy Schedule 2, the owner
must provide satisfactory notice to us at least 7 days prior to the maturity
date. The allocation on a maturity date will not be considered a change in the
allocation of the investment base for purposes of the number of changes
permitted.
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MEASUREMENT OF INVESTMENT EXPERIENCE
The investment experience of an investment division is determined at the end of
each division's valuation period.
INDEX OF INVESTMENT EXPERIENCE
We use an INDEX to measure changes in each investment division's experience
during a valuation period. We set the index at $10 when the first investments in
that division were made. The index for a current valuation period equals the
index for the preceding valuation period multiplied by the experience factor for
the current period.
HOW WE DETERMINE THE EXPERIENCE FACTOR
The EXPERIENCE FACTOR for an investment division's valuation period reflects the
investment experience of the portfolio in which the division invests as well as
the charges assessed against the division. The factor is calculated as follows:
(1) We take the net asset value as of the end of the current valuation period
of the portfolio in which the division invests.
(2) We add to (1) the amount of any dividend or capital gains distribution
declared during the current valuation period for the investment portfolio.
We subtract from that amount a charge for our taxes, if any.
(3) We divide (2) by the net asset value of the portfolio at the end of the
preceding valuation period.
(4) We subtract the daily Asset Charge shown in Policy Schedule 3 for each day
in the valuation period. This charge is to cover expense, mortality and
minimum death benefit guarantee risks that we are assuming.
(5) For any divisions investing in unit investment trusts only, we subtract an
additional charge equal to the daily Trust Charge shown in Policy Schedule
3 for each day in the valuation period. This charge is to cover the actual
costs incurred in the purchase or sale of units of the trusts.
Calculations for divisions investing in the mutual fund portfolios are made on a
per share basis. Calculations for divisions investing in unit investment trusts
are on a per unit basis.
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NET RATE OF RETURN FOR AN INVESTMENT DIVISION
Here's how we find an investment division's NET RATE OF RETURN for a valuation
period:
(1) We determine the change in the division's index from the preceding
valuation period to the current valuation period.
(2) We divide this by the index for the preceding valuation period.
We follow a consistent method for longer periods of time.
9
MFP87
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POLICY BENEFITS FOR THE OWNER
There are important rights and benefits that are available to the owner of this
policy during your lifetime. We discuss some of these rights and benefits in
this section.
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CASH VALUE BENEFITS
CASH SURRENDER VALUE
The cash surrender value is determined as follows:
ON THE POLICY DATE
The cash surrender value equals the total investment base plus any policy debt
less the deferred policy loading for the first policy year.
ON EACH SUBSEQUENT POLICY PROCESSING DATE
On each subsequent policy processing date, the cash surrender value is
calculated as follows:
(1) We take the total investment base.
(2) We add to (1) any policy debt as of such date.
(3) We subtract from (2) the following amounts:
(a) the deferred policy loading for the current policy year;
(b) any first year administrative fee that would otherwise be
deducted; and
(c) if a policy processing date is other than a policy anniversary,
any pro-rata net loan cost since the last policy anniversary (or
since the policy date if during the first policy year).
ON A DATE DURING A POLICY PROCESSING PERIOD
On a date during a policy processing period, the cash surrender value is
calculated as follows:
(1) We take the total investment base.
(2) We add to (1) any policy debt as of such date.
(3) We subtract from (2) the following amounts:
(a) the deferred policy loading for the current policy year;
(b) any first year administrative fee that would otherwise be
deducted;
(c) the pro-rata mortality cost since the last policy processing
date;
(d) any other fees which would otherwise be deducted on the next
policy processing date; and
(e) any pro-rata net loan cost since the last policy anniversary (or
since the policy date if during the first policy year).
SURRENDERING TO RECEIVE THE NET CASH SURRENDER VALUE
The owner can surrender this policy at any time and receive its net cash
surrender value. The net cash surrender value may be paid in cash or under one
or more income plans. See CHOOSING AN INCOME PLAN. The NET CASH SURRENDER VALUE
is the cash surrender value minus any policy debt. To surrender this policy, the
owner must return it to our Service Center with a signed request for surrender
in a form satisfactory to us. The surrender will take effect on the date this
policy and the request are sent to us. The net cash surrender value will vary
daily. We will determine the net cash surrender value as of the date we receive
this policy and the signed request at our Service Center. We'll usually pay the
net cash surrender value within 7 days. But me may delay payment when we are not
able to determine the amount because:
- the NYSE is closed for trading; or
- the SEC determines that a state of emergency exists.
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MFP87(NY)
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POLICY LOANS
The owner may borrow money from us. This policy will be the only security we
require for the loan. A loan may be taken any time this policy is in effect. The
owner may repay all or part of the loan at any time while you are living.
LOAN VALUE
The loan value is shown in Policy Schedule 2. The amount of the loan may not
exceed the loan value. Any existing policy debt will be deducted from a new
loan. The minimum permissible amount of any loan and repayment are shown in
Policy Schedule 2.
INTEREST
The loan interest rate is shown in Policy Schedule 2. Interest accrues (builds
up) each day. Interest payments are due at the end of each policy year. If
interest isn't paid when due, it will be added to the amount of the loan. The
sum of all outstanding loans plus accrued interest is called the POLICY DEBT.
If the policy debt exceeds the larger of the cash surrender value and the fixed
base, we will terminate this policy. We will not do this, however, until 61 days
after we mail notice of our intent to terminate. We'll notify, at their last
known addresses, the owner and anyone who holds this policy as collateral.
EFFECT OF A LOAN
A loan will be transferred out of the separate account and into our general
account and a repayment will be transferred into the separate account. A policy
loan reduces the total investment base while repayment of a loan will cause an
increase in the total investment base. Loans and repayments will be allocated
among the investment divisions in accordance with instructions given by the
owner. The owner may change that allocation by sending satisfactory notice to
us. If no such instructions are on record, the loan or repayment will be
allocated in proportion to the investment base in each division as of the date
of the loan or repayment.
A loan, WHETHER OR NOT REPAID, will have a PERMANENT EFFECT on the cash
surrender values and may have a permanent effect on the death benefits. See HOW
VARIABLE LIFE INSURANCE WORKS. If not repaid, the policy debt will reduce the
amount of death benefit proceeds and cash value benefits.
NET LOAN COST
The net loan cost will be calculated as follows:
(1) We determine the policy debt as of the previous policy anniversary.
(2) We multiply (1) by the loan charge shown in Policy Schedule 3.
Loans and repayments during a policy year will affect our calculations.
WHEN WE WILL MAKE THE LOAN
We'll usually loan the money within 7 days after we receive a request
satisfactory to us. But we may delay making the loan when we are not able to
determine the loan value because:
- the NYSE is closed for trading; or
- the SEC determines that a state of emergency exists.
If the loan is to be used to pay premiums on another variable life insurance
policy offered by us, we'll make the loan immediately.
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MFP87(NY)
<PAGE>
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ASSIGNMENT - USING THIS POLICY AS COLLATERAL SECURITY
The owner can assign this policy as collateral security for a loan or other
obligation. This does not change the ownership. But the owner's rights and any
beneficiary's rights are subject to the terms of the assignment. To make or
release an assignment, we must receive written notice, satisfactory to us, at
our Service Center. We're not responsible for the validity of any assignment.
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RIGHT TO EXCHANGE FOR FIXED LIFE INSURANCE
The owner may exchange this policy for a policy with benefits that do not vary
with the investment results of a separate account. No evidence of insurability
will be required.
We'll issue the new policy on your life after we receive:
- a proper written request; and
- this policy.
OTHER FACTS ABOUT THE NEW POLICY
The new policy's owner, insured and beneficiary will be the same as those of
this policy as of the date of exchange. The new policy will have the same issue
age, issue date, face amount, cash surrender value, underwriting class and
benefit riders as this policy. Any policy debt under this policy will be carried
over to the new policy.
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MFP87(NY)
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INSURANCE BENEFITS
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VARIABLE INSURANCE AMOUNT
The Variable Insurance Amount on the policy date equals the cash surrender value
as of such date multiplied by the net single premium factor for your issue age.
Thereafter, the Variable Insurance Amount will vary daily based on the
investment results and any premium payments made. The Variable Insurance Amount
will be determined as of each date as follows:
(1) We determine the cash surrender value of this policy as of such date.
(2) We multiply (1) by the net single premium factor as of such date.
In no event will the Variable Insurance Amount be less than that required to
keep this policy qualified as life insurance under the Federal income tax laws.
The table of net single premium factors is shown in Policy Schedule 4.
- --------------------------------------------------------------------------------
CHANGING THE FACE AMOUNT
After the end of the first policy year, the owner may change the face amount of
this policy subject to the restrictions shown in Policy Schedule 2. To request a
change in face amount, the owner must provide satisfactory notice to us. The
EFFECTIVE DATE OF CHANGE will be the next policy processing date provided we
receive the notice at our Service Center at least 7 days before such policy
processing date. As of the effective date of change, the guaranteed benefits
will change. See HOW WE DETERMINE THE GUARANTEE PERIOD AND FACE AMOUNT.
INCREASING THE FACE AMOUNT
Satisfactory evidence of insurability may be required before we will
increase the face amount of this policy. An increase in face amount will
decrease the Guarantee Period. The maximum increase in face amount is that which
results in the minimum Guarantee Period for which we would then issue this
policy based on your attained age.
DECREASING THE FACE AMOUNT
A decrease in face amount will increase the Guarantee Period. We will not allow
a decrease in the face amount below the minimum face amount for which we would
then issue this policy based on your attained age. Nor will we allow a decrease
in the face amount below the amount required to keep this policy qualified as
life insurance under Federal income tax laws.
- --------------------------------------------------------------------------------
HOW WE DETERMINE THE GUARANTEE PERIOD AND FACE AMOUNT
ON THE POLICY DATE
The initial Guarantee Period and initial face amount on the policy date are
shown in Policy Schedule 2. The Guarantee Period and face amount are not
affected by investment results nor the allocation of the total investment base
among the investment divisions. They will change as described below as a result
of any additional premiums or any change in face amount requested by the owner.
WHEN AN ADDITIONAL PREMIUM IS PAID
The guaranteed benefits will increase as follows:
(1) We take the immediate increase in cash surrender value resulting from the
additional premium.
(2) We add to (1) interest at the rate used in computations shown in Policy
Schedule 2 for the period from the date we receive and accept the
additional premium to the policy processing date on or next following such
date. This is the GUARANTEE ADJUSTMENT AMOUNT.
(3) If the Guarantee Period prior to payment is less than for life:
The total of the guarantee adjustment amount and the fixed base will be
used to calculate a new Guarantee Period. Any part of such total in excess
of the amount required to increase the Guarantee Period to the whole of
life will be applied as in (4) below.
13
MFP87(NY)
<PAGE>
- --------------------------------------------------------------------------------
HOW WE DETERMINE THE GUARANTEE PERIOD AND FACE AMOUNT (CONTINUED)
(4) If the Guarantee Period is for life: The guarantee adjustment amount or
excess amount from (3) above will be applied as a net single premium for
the whole of life to increase the face amount of this policy.
WHEN A CHANGE IN FACE AMOUNT IS REQUESTED
As of the effective date of change, we will redetermine the Guarantee Period as
follows:
(1) We take the fixed base as of such date.
(2) Based on the attained age of the insured, the new face amount of this
policy and the amount in (1), we will redetermine the Guarantee Period.
Our computations are based on the interest rate shown in Policy Schedule 2
and the guaranteed maximum cost of insurance rates shown in Policy Schedule
5.
- --------------------------------------------------------------------------------
PROCEEDS PAYABLE TO THE BENEFICIARY
We will pay the death benefit proceeds to the beneficiary upon your death. The
proceeds may be paid in cash or under one or more income plans. See CHOOSING AN
INCOME PLAN.
DEATH BENEFIT PROCEEDS
Death benefit proceeds are determined as follows:
(1) We determine this policy's death benefit, which is the larger of the face
amount and the Variable Insurance Amount.
(2) We subtract from (1) any policy debt.
(3) We add to (2) any amounts due from riders.
The values above will be those as of the date of death. If you die during the
grace period, we will pay the beneficiary the death benefit proceeds in effect
immediately prior to the grace period reduced by any overdue charges. The death
benefit will never be less than that required to keep this policy qualified as
life insurance under the Federal income tax laws.
HOW TO CLAIM DEATH BENEFIT PROCEEDS
The beneficiary should contact our Service Center for instructions. We'll
usually pay the proceeds within 7 days after we receive proof of your death
and any other requirements. We may delay payment of all or part of the death
benefit if we have not been able to determine this policy's cash surrender value
as of the date of death because:
- the NYSE is closed for trading; or
- the SEC determines that a state of emergency exists.
If a delay is necessary and death occurs prior to the end of the Guarantee
Period, we may delay payment of any excess of the death benefit over the face
amount. After the Guarantee Period we may delay payment of the entire death
benefit. We will add interest to the death benefit proceeds at an annual rate of
at least 4% from the date of death to the date of payment. Interest added to
death benefit proceeds will not be less than that required by any applicable
law.
14
MFP87(NY)
<PAGE>
================================================================================
CHOOSING AN INCOME PLAN
The owner may choose one or more income plans for the payment of death benefit
proceeds during your lifetime. If, at the time of your death, no plan has been
chosen for paying death benefit proceeds, the beneficiary may choose a plan
within one year. The owner may also elect an income plan on surrender of the
policy for its net cash surrender value. For each plan we'll issue a separate
written agreement putting the plan into effect.
Our approval is needed for any plan where:
- the person named to receive payment is other than the owner or
beneficiary; or
- the person named is not a natural person, such as a corporation; or
- any income payment would be less than $100.
- --------------------------------------------------------------------------------
THE INCOME PLANS
There are six income plans to choose from. They are:
PLAN 1. INCOME FOR A FIXED PERIOD
Payment is made in equal installments for a fixed number of years. We guarantee
each monthly payment will be at least the amount shown in the following table.
Values for annual, semi-annual or quarterly payments are available on request.
TABLE FOR INCOME FOR A FIXED PERIOD
(Payments for Each $1,000 Applied)
Fixed Period Monthly Fixed Period Monthly
of Years Income of Years Income
------------ ------- ------------ -------
1 $84.47 16 $6.53
2 42.86 17 6.23
3 28.99 18 5.96
4 22.06 19 5.73
5 17.91 20 5.51
6 15.14 21 5.32
7 13.16 22 5.15
8 11.68 23 4.99
9 10.53 24 4.84
10 9.61 25 4.71
11 8.86 26 4.59
12 8.24 27 4.47
13 7.71 28 4.37
14 7.26 29 4.27
15 6.87 30 4.18
PLAN 2. INCOME FOR LIFE
Payment is made to the person named in equal monthly installments and guaranteed
for at least a period certain. The period certain can be 10 or 20 years. Other
periods certain are available on request. A refund certain may be chosen
instead. Under this arrangement, income is guaranteed until payments equal the
amount applied. If the person named lives beyond the guaranteed payments,
payments continue until his or her death.
We guarantee each payment will be at least the amount shown in the following
table. By age we mean the named person's age on his or her birthday nearest the
plan's effective date. Amounts for ages not shown are available on request.
15
MFP87
<PAGE>
- --------------------------------------------------------------------------------
THE INCOME PLANS (CONTINUED)
TABLES FOR INCOME FOR LIFE
(Monthly Payments for Each $1,000 Applied)
PAYMENTS TO A MALE
Age 10 Years Certain 20 Years Certain Refund Certain
--- ---------------- ---------------- --------------
0-10 $2.85 $2.84 $2.84
15 2.92 2.91 2.90
20 3.00 2.99 2.98
25 3.10 3.09 3.08
30 3.22 3.21 3.19
35 3.37 3.35 3.33
40 3.56 3.52 3.50
45 3.80 3.74 3.71
50 4.10 3.99 3.97
55 4.47 4.28 4.29
60 4.95 4.60 4.70
65 5.58 4.92 5.23
70 6.34 5.20 5.90
75 7.20 5.38 6.76
80 8.06 5.47 7.87
85 & over 8.77 5.50 ----
PAYMENTS TO A FEMALE
Age 10 Years Certain 20 Years Certain Refund Certain
--- ---------------- ---------------- --------------
0-10 $2.78 $2.78 $2.77
15 2.83 2.83 2.83
20 2.90 2.90 2.89
25 2.98 2.98 2.97
30 3.08 3.07 3.07
35 3.20 3.19 3.18
40 3.35 3.34 3.33
45 3.54 3.52 3.50
50 3.78 3.73 3.71
55 4.09 4.00 3.99
60 4.49 4.32 4.34
65 5.01 4.67 4.79
70 5.70 5.02 5.38
75 6.57 5.29 6.16
80 7.56 5.44 7.21
85 & over 8.46 5.50 ----
PLAN 3. INTEREST PAYMENT
Amounts can be left with us to earn interest at an annual rate of at least 3%.
Interest payments can be made annually, semi-annually, quarterly or monthly.
PLAN 4. INCOME OF A FIXED AMOUNT
Payments of an agreed fixed amount are made annually, semi-annually, quarterly
or monthly. The fixed amount per year must be at least $60 for each $1,000 of
the amount applied. The amount applied will earn interest at an annual rate of
at least 3%. Payments will continue until the amount applied and interest are
fully paid.
16
MFP87
<PAGE>
- --------------------------------------------------------------------------------
THE INCOME PLANS (CONTINUED)
PLAN 5. JOINT LIFE INCOME
This plan is available if there are two persons named to receive payments. At
least one of the persons named must be either the owner or beneficiary of this
policy. Monthly payments are made as long as at least one of the named persons
is living. We guarantee the payments will be at least the amount shown in the
following table while both named persons are alive. When one dies, we guarantee
to continue paying the other at least two-thirds of the amount shown. By age we
mean the named person's age on his or her birthday nearest the plan's effective
date. Amounts for two males, two females, or for ages not shown in the table
below are available on request.
TABLE OF JOINT LIFE INCOME
(Monthly Payments for Each $1,000 Applied)
FEMALE AGE
55 60 65 70 75
---------------------------------------------
50 $3.65 $3.78 $3.88 $3.96 $4.02
55 3.77 3.94 4.10 4.23 4.34
60 3.87 4.10 4.33 4.54 4.72
MALE AGE 65 3.95 4.23 4.54 4.85 5.14
70 4.01 4.34 4.72 5.15 5.59
75 4.05 4.41 4.86 5.40 6.01
PLAN 6. ANNUITY PLAN
An amount can be used to buy any single premium annuity we offer on the plan's
effective date. However, the annuity can be bought at a rate 3% less than the
rate new applicants pay. Annuities combine features of guaranteed income and
payment similar to plans 2 and 5.
- --------------------------------------------------------------------------------
PAYMENTS WHEN NAMED PERSON DIES
When the person named to receive payments dies, we will pay any amounts still
due as provided by the plan agreement. The amounts still due are determined as
follows:
- For plans 1, 2, or 4, any remaining guaranteed payments will be
continued. Under plan 4, any unpaid proceeds with any accrued interest
may be paid in a single sum. Under plans 1 and 2, the discounted
values of the remaining guaranteed payments may be paid in a single
sum. This means we deduct the amount of the interest each remaining
guaranteed payment would have earned had it not been paid out early.
The discount interest rate is 3% for plan 1 and 3% for plan 2. But we
will use the interest rate we used to calculate the payment for plans
1 and 2, if they were not based on the table in this policy.
- For plan 3, we'll pay the amount left with us and any accrued
interest.
- For plan 5, no amounts are payable after both named persons have died.
- For plan 6, the annuity agreement will state the amount due, if any.
17
MFP87
<PAGE>
================================================================================
OTHER IMPORTANT INFORMATION
- --------------------------------------------------------------------------------
LIMITS ON OUR CONTESTING THIS POLICY
We rely on the statements made in the applications. Legally, they are considered
representations, not warranties. We can contest the validity of this policy if
any material misstatements are made in the initial application, a copy of which
is attached. We can also contest the validity of any change in face amount
requested by the owner if any material misstatements are made in any application
required for that change. We can also contest any amount of death benefit which
would not be payable except for the fact that an additional payment which
requires evidence of insurability was paid if any material misstatements are
made in any application required with the premium.
We won't contest the validity of this policy after this policy has been in
effect during your lifetime for two years from the date of issue. We won't
contest any change in face amount requested by the owner after the change has
been in effect during your lifetime for two years from the effective date of
such change. Nor will we contest any amount of death benefit attributable to
an additional premium which requires evidence of insurability after it has been
in effect during your lifetime for two years from the date we receive and
accept such premium.
If this policy is reinstated, this provision will be measured from the effective
date of the reinstated policy.
- --------------------------------------------------------------------------------
QUARTERLY REPORT
We will send the owner a report four (4) times a policy year within 31 days
after the end of each policy quarter. The report will show the death benefit,
cash surrender value and policy debt as of the end of the policy quarter. The
report will also show the allocation of the total investment base as of such
date and the amounts deducted from or added to the total investment base since
the last quarterly report. The report will also include any other information
that may be currently required by the insurance supervisory official of the
jurisdiction in which this policy is delivered.
- --------------------------------------------------------------------------------
CHANGING THIS POLICY
The policy or any benefit riders may be changed to another plan of insurance
according to our rules at the time of the change.
- --------------------------------------------------------------------------------
POLICY CHANGES - APPLICABLE TAX LAW
For you and the owner to receive the tax treatment accorded to life insurance
under Federal law, this policy must qualify initially and continue to qualify as
life insurance under the Internal Revenue Code or successor law. Therefore, to
maintain this qualification to the maximum extent permitted by law, we have
reserved in this policy the right to return any premium payments that would
cause this policy to fail to qualify as life insurance under applicable tax law
as interpreted by us. Further, we reserve the right to make changes in this
policy or its riders or to make distributions from this policy to the extent we
deem it necessary to continue to qualify this policy as life insurance. Any such
changes will apply uniformly to all policies that are affected. The owner will
be given advance written notice of such changes.
- --------------------------------------------------------------------------------
ERROR IN AGE OR SEX
If an age or sex as stated in the application is wrong, it could mean the face
amount or any other policy benefit is wrong. Therefore, amounts payable under
this policy or its riders will be what the premiums paid would have bought for
the Guarantee Period at the true age or sex.
18
MFP87(NY)
<PAGE>
- --------------------------------------------------------------------------------
SUICIDE
If you commit suicide within two years from the date of issue, the death benefit
will be limited to the amount of the premiums paid.
If you commit suicide within two years of the effective date of any increase in
face amount requested by the owner, any amount of death benefit which would not
be payable except for the fact that the face amount was increased will be
limited to the amount of mortality cost deductions made for such increase.
If you commit suicide within two years of any date we receive and accept an
additional premium which requires evidence of insurability, any amount of death
benefit which would not be payable except for the fact that the additional
premium was paid will be limited to the amount of such payment.
The death benefit we will pay will be reduced by any policy debt.
- --------------------------------------------------------------------------------
CLAIMS OF CREDITORS
The proceeds of this policy will be free from creditors' claims to the extent
allowed by law.
- --------------------------------------------------------------------------------
NON-PARTICIPATING
This policy does not participate in the divisible surplus of ML of New York.
- --------------------------------------------------------------------------------
AUTHORITY TO MAKE AGREEMENTS
All agreements made by us must be signed by our president or a vice president
and by our secretary or an assistant secretary. No other person, including an
insurance agent or broker, can:
- change any of this policy's terms;
- extend the time for paying premiums; or
- make any agreement binding on us.
- --------------------------------------------------------------------------------
CHANGES IN POLICY COST FACTORS
Changes in policy cost factors (expense charges, current cost of insurance
rates, loan charges) will be by class and based upon changes in future
expectations for such elements as: mortality, persistency, expenses and taxes.
Any change in policy cost factors will be determined in accordance with
procedures and standards on file, if required, with the insurance supervisory
official of the jurisdiction in which this policy is delivered.
- --------------------------------------------------------------------------------
MATURITY DATE OF THIS POLICY
On the maturity date of this policy shown in Policy Schedule 2, we will pay the
owner the net cash surrender value if the insured is then living and the policy
is in effect. The net cash surrender value may be paid in cash or under
one or more income plans. See CHOOSING AN INCOME PLAN.
Payment of the planned periodic premiums shown in Policy Schedule 1 does not
guarantee that this policy will remain in effect until the maturity date. The
period for which coverage may continue will depend on:
- the amount, timing and frequency of premium payments;
- changes in the face amount of this policy;
- changes in the cost of insurance rates;
- any deductions for policy loans; and
- any deductions resulting from any benefit riders; and
- investment results.
19
MFP87(NY)
<PAGE>
- --------------------------------------------------------------------------------
REQUIRED NOTE ON OUR COMPUTATIONS
Our computations of reserves, cash surrender values, fixed base and the maximum
mortality costs are based on the mortality table and interest at the rate shown
in Policy Schedule 2. In calculating the maximum mortality costs, we use the
insured's attained age, sex and underwriting class. When making our
computations, we assume that death claims are paid immediately. Mortality and
expense risks of ML of New York shall not adversely affect the dollar amount of
insurance benefits or cash surrender values.
We have filed a detailed statement of our computations with the insurance
supervisor of the state or jurisdiction where this policy is delivered. All
policy values equal or exceed those required by the law of that state or
jurisdiction. Any benefit provided by an attached rider will not increase these
values unless stated in that rider.
20
MFP87(NY)
<PAGE>
- --------------------------------------------------------------------------------
MODIFIED FLEXIBLE PREMIUM VARIABLE LIFE INSURANCE POLICY
Variable life insurance payable upon death of insured. Death benefit subject to
guaranteed minimum during Guarantee Period. Guaranteed minimum is policy's face
amount. Flexible premiums. Non-participating. Investment results reflected in
policy benefits.
MFP87(NY)
<PAGE>
ML LIFE INSURANCE COMPANY OF NEW YORK
Home Office: 100 Church Street, 11th Floor, New York, New York 10080-6511
Variable Life Insurance Service Center: P.O. Box 9025, Springfield,
Massachusetts 01102-9025
- --------------------------------------------------------------------------------
INSURED NO. 1 RICHARD ROE
INSURED NO. 2 JANE ROE
NO. 1 ISSUE AGE/SEX 35 Male NO. 2 ISSUE AGE/SEX 35 Female
INITIAL PREMIUM $ $10,000.00 INITIAL FACE AMOUNT $ $56,358
ISSUE DATE January 30, 1994 POLICY NUMBER SPECIMEN
POLICY DATE January 28, 1994 UNDERWRITING CLASS Standard-Simp-
lified
MODIFIED FLEXIBLE PREMIUM JOINT AND LAST SURVIVOR
VARIABLE LIFE INSURANCE POLICY
This policy is a legal contract between its owner and us. PLEASE READ IT
CAREFULLY. In this policy, the word YOU refers to both insureds shown in Policy
Schedule 1 if both insureds are alive; otherwise to the last surviving insured.
WE refers to ML Life Insurance Company of New York ("ML of New York").
- --------------------------------------------------------------------------------
DEATH BENEFIT PROVIDED BY THIS POLICY
We will pay the death benefit proceeds to the beneficiary when we receive proof
of the death of the last surviving insured.
AT ISSUE, THE DEATH BENEFIT EQUALS THIS POLICY'S INITIAL FACE AMOUNT.
AFTERWARDS, THE DEATH BENEFIT MAY INCREASE OR DECREASE ON ANY DAY, DEPENDING ON
THIS POLICY'S INVESTMENT RESULTS BUT WILL NEVER BE LESS THAN THIS POLICY'S FACE
AMOUNT. THE DURATION FOR WHICH THE DEATH BENEFIT IS IN EFFECT MAY VARY WITH THE
INVESTMENT RESULTS BUT WILL NEVER BE LESS THAN THIS POLICY'S GUARANTEE PERIOD.
FOR DETAILS ON DEATH BENEFIT PROCEEDS AND THE GUARANTEE PERIOD SEE INSURANCE
BENEFITS.
- --------------------------------------------------------------------------------
CASH VALUE BENEFITS PROVIDED BY THIS POLICY
During your lifetime while this policy is in effect, we provide cash value
benefits and other important rights as described in this policy.
THE CASH SURRENDER VALUE MAY INCREASE OR DECREASE ON ANY DAY, DEPENDING ON THE
INVESTMENT RESULTS FOR THIS POLICY. NO MINIMUM AMOUNT IS GUARANTEED. SEE POLICY
BENEFITS FOR THE OWNER FOR INFORMATION ON CASH SURRENDER VALUES.
- --------------------------------------------------------------------------------
INVESTMENT RESULTS FOR THIS POLICY
The owner can allocate this policy's total investment base among investment
divisions. Each division invests in a designated investment portfolio. Cash
surrender values and death benefits may increase or decrease depending on the
investment experience of the divisions, the allocation of the policy's
investment base among the divisions and the timing and amount of all premiums.
See HOW VARIABLE LIFE INSURANCE WORKS for details.
- --------------------------------------------------------------------------------
RIGHT TO EXAMINE THIS POLICY
This policy may be returned on or before the end of the FREE LOOK PERIOD. That
period ends 10 days after the owner receives this policy. Mail or deliver this
policy to us or to the agent who sold it. The returned policy will be treated as
if we never issued it. We'll promptly return any premium paid.
/s/ Barry G. Skolnick /s/ Anthony J. Vespa
Secretary President
- --------------------------------------------------------------------------------
MODIFIED FLEXIBLE PREMIUM JOINT AND LAST SURVIVOR VARIABLE LIFE INSURANCE POLICY
Variable life insurance payable upon death of the last surviving insured. Death
benefit subject to guaranteed minimum during Guarantee Period. Guaranteed
minimum is policy's face amount. Flexible premiums. Non-participating.
Investment results reflected in policy benefits.
MFPLS87(NY)(7/94)
<PAGE>
- --------------------------------------------------------------------------------
POLICY CONTENTS
- --------------------------------------------------------------------------------
POLICY SCHEDULES
Premiums Policy Schedule 1
Policy Facts 2
Charges and Fees for This Policy 3
Table of Net Single Premium Factors 4
Table of Guaranteed Maximum Cost of Insurance Rates 5
The Separate Account 6
INTRODUCTION TO THIS POLICY Page 3
PREMIUM PAYMENTS 4
HOW VARIABLE LIFE INSURANCE WORKS 6
POLICY BENEFITS FOR THE OWNER 10
INSURANCE BENEFITS 13
CHOOSING AN INCOME PLAN 15
OTHER IMPORTANT INFORMATION 18
A copy of the application(s) and any additional benefit riders and endorsements
are at the back of this policy.
- --------------------------------------------------------------------------------
POLICY SCHEDULES
THE POLICY SCHEDULES COME RIGHT AFTER THIS PAGE. THEY GIVE SPECIFIC FACTS ABOUT
THIS POLICY AND ITS COVERAGE. PLEASE REFER TO THEM WHILE READING THIS POLICY.
MFPLS87(NY)
<PAGE>
- --------------------------------------------------------------------------------
POLICY SCHEDULE 1
INSURED NO.1 RICHARD ROE
INSURED NO.2 JANE ROE
NO. 1 ISSUE AGE/SEX 35 Male NO.2 ISSUE AGE/SEX 35 Female
INITIAL PREMIUM $10,000.00 INITIAL FACE AMOUNT $56,358
ISSUE DATE January 30, 1994 POLICY NUMBER SPECIMEN
POLICY DATE January 28, 1994 UNDERWRITING Standard
CLASS Simplified
PREMIUMS
- --------------------------------------------------------------------------------
Premium Payments Initial premium paid with application $10,000.00
- --------------------------------------------------------------------------------
Allocation Allocation of total investment base on policy date:
Information Total
Investment
Division Base
-------- ----------
MONEY RESERVE $10,000.00
Total $10,000.00
SCH1 POLICY SCHEDULE 1
<PAGE>
- --------------------------------------------------------------------------------
POLICY SCHEDULE 1
INSURED NO.1 RICHARD ROE
INSURED NO.2 JANE ROE
NO. 1 ISSUE AGE/SEX 35 Male NO.2 ISSUE AGE/SEX 35 Female
INITIAL PREMIUM $2,000.00 INITIAL FACE AMOUNT $56,600.00
ISSUE DATE January 30, 1994 POLICY NUMBER SPECIMEN
POLICY DATE January 28, 1994 UNDERWRITING Standard
CLASS Simplified
PREMIUMS
- --------------------------------------------------------------------------------
Premium Payments Initial premium paid with application $2,000.00
Planned periodic premiums of $2,000.00 have been
elected. They may be paid starting January 28, 1994
and annually thereafter through January 28, 1999.
- --------------------------------------------------------------------------------
Allocation Allocation of total investment base on policy date:
Information Total
Investment
Division Base
-------- ----------
MONEY RESERVE $2,000.00
Total $2,000.00
SCH1 POLICY SCHEDULE 1
<PAGE>
- --------------------------------------------------------------------------------
POLICY SCHEDULE 2
INSURED NO.1 RICHARD ROE
INSURED NO.2 JANE ROE
NO. 1 ISSUE AGE/SEX 35 Male NO. 2 ISSUE AGE/SEX 35 Female
INITIAL PREMIUM $10,000.00 INITIAL FACE AMOUNT $56,358
ISSUE DATE January 30, 1994 POLICY NUMBER SPECIMEN
POLICY DATE January 28, 1994 UNDERWRITING Standard
CLASS Simplified
POLICY FACTS
- --------------------------------------------------------------------------------
Owner Owners of this policy on the issue date are:
RICHARD ROE
- --------------------------------------------------------------------------------
Policy Processing Policy processing dates are the policy date and the
Date days when we deduct charges and are on the same day
of the month as the policy date at the end of each
successive 3 month period.
Policy Processing A policy processing period is the period between
Period successive policy processing dates.
- --------------------------------------------------------------------------------
Investment Base - Maximum number of divisions to be allocated at any one
Allocation Rules time is 5.
Number of allocation changes per year is unlimited. We
reserve the right to limit the number of changes, but
in no event to less than 5 per year.
No allocation changes are allowed during the free look
period.
- --------------------------------------------------------------------------------
Maturity Date of On the maturity date of an investment division, amounts
an Investment in that division will be allocated to the
Division Money Reserve division, unless otherwise specified
by the owner.
- --------------------------------------------------------------------------------
Additional Maximum attained age of either insured at time of
Premiums - payment is 80.
Other than Planned Minimum additional premium is $200.
Periodic Premiums Number of additional premium payments permitted per
year is 4.
- --------------------------------------------------------------------------------
Grace Period The Grace Amount is equal to the charges that were due
on the policy processing date on which we determined
that the cash surrender value was insufficient.
- --------------------------------------------------------------------------------
Reinstatement The reinstatement premium is the minimum premium for
which we would then issue this policy based on the
policy year and underwriting classes of both insureds as
of the effective date of the reinstated policy.
- --------------------------------------------------------------------------------
Changing the Maximum attained age of either insured at time of change
Face Amount is 80.
Minimum change in face amount is $10,000.
Number of changes permitted per year is 1.
- --------------------------------------------------------------------------------
Policy Loan Loan value is 90% of the cash surrender value.
Minimum loan amount is $200 (except when used to pay
premiums on another ML of New York policy).
Minimum repayment amount is $200.
Loan interest rate is 6.00% per year.
- --------------------------------------------------------------------------------
Initial Guarantee The initial Guarantee Period is for the life
Period of the last surviving insured.
- --------------------------------------------------------------------------------
Maturity Date The maturity date of this policy is the policy
of This Policy anniversary nearest the younger insured's 100th
birthday.
- --------------------------------------------------------------------------------
SCH2(NY.1)FPLS POLICY SCHEDULE 2
<PAGE>
POLICY SCHEDULE 2
(CONTINUED)
- --------------------------------------------------------------------------------
Interest Rate 1980 CSO Mortality Table (Male and Female)
and Mortality
Table used in Interest at 4.00% per year
Our Computations
- --------------------------------------------------------------------------------
Policy Riders, None
if any
- --------------------------------------------------------------------------------
SCH2(NY.1)FPLS POLICY SCHEDULE 2
<PAGE>
- --------------------------------------------------------------------------------
POLICY SCHEDULE 3
INSURED NO.1 RICHARD ROE
INSURED NO.2 JANE ROE
NO. 1 ISSUE AGE/SEX 35 Male NO. 2 ISSUE AGE/SEX 35 Female
INITIAL PREMIUM $10,000.00 INITIAL FACE AMOUNT $56,358
ISSUE DATE January 30, 1994 POLICY NUMBER SPECIMEN
POLICY DATE January 28, 1994 UNDERWRITING Standard
CLASS Simplified
CHARGES AND FEES FOR THIS POLICY
- --------------------------------------------------------------------------------
Premium Loading None
Deducted Before
Allocation
- --------------------------------------------------------------------------------
Basic Policy Mortality Cost:
Charges and Fees - Guaranteed maximum cost of insurance rates per
Deducted from $1,000 are shown in Policy Schedule 5.
the Investment
Base Administrative Fees:
- None
Annual Recovery of Deferred Policy Loading:
- Initial Premium: 1.10% of initial premium deducted
annually on the first through tenth policy
anniversaries.
- Additional Premiums: 1.10% of each additional premium
deducted annually on the first through tenth
policy anniversaries following receipt and acceptance
of the additional premium.
Loan Charge:
- This is the difference between the loan interest rate
and the rate we credit to borrowed funds and will be a
maximum of 2.00% of the policy debt deducted annually.
- --------------------------------------------------------------------------------
Charges Deducted Asset Charge:
from Divisions in - daily charge of .002477% (equivalent to .90% annually
the Separate in advance).
Account
Trust Charge:
- daily charge of .000933% (equivalent to .34% annually
in advance).
We reserve the right to increase the Trust Charge
but in no event above .001373% (equivalent to .50%
annually in advance).
- --------------------------------------------------------------------------------
Rider Charges None
Deducted from the
Investment Base
- --------------------------------------------------------------------------------
Other Rider None
Charges
- --------------------------------------------------------------------------------
SCH3(NY.1)FPLS POLICY SCHEDULE 3
<PAGE>
POLICY SCHEDULE 3
(CONTINUED)
- --------------------------------------------------------------------------------
Deferred Policy The amount of Deferred Policy Loading applicable during
Loading a policy year is deducted from this policy's investment
base in calculating its cash surrender value.
- Initial Premium
The maximum amount of the Deferred Policy Loading
attributable to the initial premium is:
During As % of During As % of
Policy Initial Policy Initial
Year Premium Year Premium
------ ------- ------ -------
1 11.00% 6 5.50%
2 9.90 7 4.40
3 8.80 8 3.30
4 7.70 9 2.20
5 6.60 10 1.10
11+ 0
Policy year is measured from the policy date.
- Additional Premiums
The maximum increase in the amount of the Deferred
Policy Loading attributable to an additional premium
is:
Additional As % of Each Additional As % of Each
Premium Additional Premium Additional
Year * Premium Year * Premium
---------- ------------ ---------- ------------
1 11.00% 6 5.50%
2 9.90 7 4.40
3 8.80 8 3.30
4 7.70 9 2.20
5 6.60 10 1.10
11+ 0
* Additional premium year 1 is the period from the date
we receive and accept an additional premium to the
next policy anniversary. Additional premium years
2 through 10 are the full policy years thereafter.
- --------------------------------------------------------------------------------
SCH3(NY.1)FPLS POLICY SCHEDULE 3
<PAGE>
- --------------------------------------------------------------------------------
POLICY SCHEDULE 4
INSURED NO. 1 RICHARD ROE ISSUE AGE/SEX 35 Male
INSURED NO. 2 JANE ROE ISSUE AGE/SEX 35 Female
- --------------------------------------------------------------------------------
TABLE OF NET SINGLE PREMIUM FACTORS
(Factors Per $1.00 of Cash Surrender Value)
Policy Policy Policy Policy
Year Factor Year Factor Year Factor Year Factor
------ -------- ------ -------- ------ -------- ------ --------
1 6.19321 26 2.39682 51 1.21408
2 5.95512 27 2.31367 52 1.19636
3 5.72639 28 2.23419 53 1.18011
4 5.50667 29 2.15833 54 1.16513
5 5.29563 30 2.08604 55 1.15119
6 5.09295 31 2.01723 56 1.13805
7 4.89833 32 1.95182 57 1.12545
8 4.71148 33 1.88963 58 1.11312
9 4.53211 34 1.83051 59 1.10076
10 4.35996 35 1.77426 60 1.08806
11 4.19474 36 1.72075 61 1.07472
12 4.03620 37 1.66991 62 1.06068
13 3.88410 38 1.62171 63 1.04616
14 3.73818 39 1.57618 64 1.03201
15 3.59821 40 1.53338 65 1.02207
16 3.46399 41 1.49329
17 3.33531 42 1.45582
18 3.21198 43 1.42087
19 3.09381 44 1.38825
20 2.98065 45 1.35773
21 2.87233 46 1.32918
22 2.76867 47 1.30249
23 2.66949 48 1.27763
24 2.57458 49 1.25461
25 2.48374 50 1.23346
On policy processing dates not shown, we will determine the Net Single
Premium Factor in a consistent manner with allowance for time elapsed.
The Net Single Premium Factor on a date during a policy processing period
is determined by interpolating between the factors for the policy
processing date immediately preceding and immediately following that date.
SCH4 POLICY SCHEDULE 4
<PAGE>
- --------------------------------------------------------------------------------
POLICY SCHEDULE 5
INSURED NO. 1 RICHARD ROE ISSUE AGE/SEX 35 Male
INSURED NO. 2 JANE ROE ISSUE AGE/SEX 35 Female
- --------------------------------------------------------------------------------
TABLE OF GUARANTEED MAXIMUM COST OF INSURANCE RATES
(Quarterly Rates per $1,000 of Net Amount at Risk)
Policy Policy Policy Policy
Year Rate Year Rate Year Rate Year Rate
- -------- -------- -------- -------- -------- -------- -------- --------
1 $0.00088 26 $0.72225 51 $30.29406
2 0.00284 27 0.83778 52 34.48083
3 0.00521 28 0.97778 53 39.00725
4 0.00809 29 1.14854 54 43.85464
5 0.01167 30 1.35167 55 49.05260
6 0.01608 31 1.58955 56 54.66632
7 0.02157 32 1.85966 57 60.79119
8 0.02814 33 2.16332 58 67.63945
9 0.03591 34 2.49953 59 75.63816
10 0.04495 35 2.87919 60 85.75820
11 0.05575 36 3.32334 61 100.48853
12 0.06817 37 3.85309 62 125.22929
13 0.08252 38 4.49561 63 174.93869
14 0.09935 39 5.28062 64 305.59639
15 0.11909 40 6.21686 65 333.33333
16 0.14222 41 7.30301
17 0.16950 42 8.54562
18 0.20179 43 9.92887
19 0.24036 44 11.45385
20 0.28595 45 13.15722
21 0.33860 46 15.09678
22 0.39864 47 17.34004
23 0.46555 48 19.95176
24 0.53987 49 23.00385
25 0.62477 50 26.45515
SCH5 POLICY SCHEDULE 5
<PAGE>
- --------------------------------------------------------------------------------
POLICY SCHEDULE 6
THE SEPARATE ACCOUNT
- --------------------------------------------------------------------------------
The Separate The Separate Account is ML of New York Variable Life
Account Separate Account II which is organized in and governed by
the laws of New York, our state of domicile. The Separate
Account is divided into investment divisions.
- --------------------------------------------------------------------------------
Investment Each investment division listed below invests in shares
Divisions of the mutual fund portfolio designated. Each portfolio
Investing in is a part of the Merrill Lynch Series Fund, Inc., or
Shares of a the Merrill Lynch Variable Series Fund, Inc. managed
Mutual Fund by Merrill Lynch Asset Management, L.P., which is a
subsidiary of Merrill Lynch & Co., Inc.
MONEY RESERVE MONEY RESERVE PORTFOLIO
DIVISION Objective - Preservation of capital, liquidity and
a high level of current income
consistent with these objectives.
Investments - Money market instruments including:
short term U.S. government securities,
government agency securities, bank
money instruments, prime commercial
paper and high grade short term
corporate obligations.
Term - Substantially all issues maturing in
less than 1 year.
GOVERNMENT BOND INTERMEDIATE GOVERNMENT BOND PORTFOLIO
DIVISION Objective - Highest possible income while
protecting capital.
Investments - Debt securities of the U.S. government
or its agencies.
Term - Generally securities maturing in an
average of 6 to 8 years. Maximum
maturity will not exceed 15 years.
CORPORATE BOND LONG TERM CORPORATE BOND PORTFOLIO
DIVISION Objective - High current income.
Investments - Primarily high quality fixed income
corporate bonds.
Term - Generally corporate bonds maturing in
more than 15 years.
HIGH YIELD HIGH YIELD PORTFOLIO
DIVISION Objective - Highest current income.
Investments - Primarily fixed income securities rated
in the lower categories of the
established rating services.
CAPITAL STOCK CAPITAL STOCK PORTFOLIO
DIVISION Objective - Long term growth of capital and income,
plus reasonable current income.
Investments - Common stocks of good or improving
quality thought to be undervalued. Cash
reserves including government and
money market securities will be used as
management considers appropriate.
GROWTH STOCK GROWTH STOCK PORTFOLIO
DIVISION Objective - Above average long term growth of
capital. Current income not a major
consideration.
Investments - Primarily common stocks of aggressive
growth companies considered to have
special growth potential.
SCH6A (3/94) POLICY SCHEDULE 6
<PAGE>
POLICY SCHEDULE 6
(CONTINUED)
- --------------------------------------------------------------------------------
GLOBAL STRATEGY GLOBAL STRATEGY PORTFOLIO
DIVISION Objective - High total investment return.
Investments - Primarily a diversified portfolio of
equity and fixed income securities
of U.S. and foreign issuers.
MULTIPLE STRATEGY MULTIPLE STRATEGY PORTFOLIO
DIVISION Objective - Highest total investment return
consistent with prudent risk through
fully managed investment policy.
Investments - May, at any given time, be
substantially invested in equity
securities, bonds and notes or money
market securities.
NATURAL RESOURCES NATURAL RESOURCES PORTFOLIO
DIVISION Objective - Long term growth and protection of
capital.
Investments - Equity securities of domestic and
foreign companies with substantial
natural resource assets.
BALANCED BALANCED PORTFOLIO
DIVISION Objective - Current income as well as capital
appreciation.
Investments - Balanced portfolio of fixed income
and equity securities.
INT'L BOND INTERNATIONAL BOND FUND
DIVISION Objective - High total investment return.
Investments - Non-U.S. international portfolio
of debt instruments denominated
in various currencies and multi-
national currency units.
DEVELOPING CAP DEVELOPING CAPITAL MARKETS FOCUS FUND
DIVISION Objective - Long-term capital appreciation.
Investments - Securities, principally equities,
of issuers in countries having
smaller capital markets.
GLOBAL UTILITY GLOBAL UTILITY FOCUS FUND
DIVISION Objective - Capital appreciation and current
income.
Investments - At least 65% in equity and debt
securities issued by domestic and
foreign companies which are, in the
opinion of the Investment Adviser,
primarily engaged in the ownership
or operation of facilities used to
generate, transmit or distribute
electricity, telecommunications,
gas or water.
INT'L EQUITY INTERNATIONAL EQUITY FOCUS FUND
DIVISION Objective - Capital appreciation.
Investments - Securities, principally equities,
of issuers in countries other than
the U.S.
WORLD INCOME WORLD INCOME FOCUS FUND
DIVISION Objective - High current income
Investments - Global portfolio of fixed income
securities denominated in various
currencies, including multinational
currency units. May invest in U.S.
and foreign government and corporate
fixed income securities, including
high yield, high risk, lower rated
and unrated securities.
SCH6A (3/94) POLICY SCHEDULE 6
<PAGE>
POLICY SCHEDULE 6
(CONTINUED)
- --------------------------------------------------------------------------------
BASIC VALUE BASIC VALUE FOCUS FUND
DIVISION Objective - Capital appreciation and,
secondarily, income.
Investment - Securities, primarily equities that
management of the Fund believes are
undervalued and therefore represent
basic investment value.
Investment Each investment division listed below invests in units
Divisions of a unit investment trust. Each trust is a part of the
Investing in Merrill Lynch Fund of Stripped ("Zero") U.S. Treasury
Units of a Securities and is sponsored by Merrill Lynch, Pierce,
Unit Investment Fenner & Smith Inc., which is a subsidiary of Merrill
Trust Lynch & Co., Inc.
The objective and investments listed below apply to all
trusts. The maturity date is specified for each.
Objective - To provide safety of capital and a high
yield to maturity.
Investments - Bearer debt obligations of the United
States of America which have been
stripped of their unmatured interest
coupons, coupons stripped from debt
obligations of the United States of
America and receipts and certificates
for such stripped debt obligations and
stripped coupons.
Maturity - The Divisions have the following fixed
Date maturity dates:
DIVISION MATURITY DATE
---------- -------------
1994 TRUST August 15, 1994
1995 TRUST January 15, 1995
1996 TRUST February 15, 1996
1997 TRUST February 15, 1997
1998 TRUST February 15, 1998
1999 TRUST February 15, 1999
2000 TRUST February 15, 2000
2001 TRUST February 15, 2001
2002 TRUST February 15, 2002
2003 TRUST August 15, 2003
2004 TRUST February 15, 2004
2005 TRUST February 15, 2005
2006 TRUST February 15, 2006
2007 TRUST February 15, 2007
2008 TRUST February 15, 2008
2009 TRUST February 15, 2009
2010 TRUST February 15, 2010
2011 TRUST February 15, 2011
2013 TRUST February 15, 2013
2014 TRUST February 15, 2014
NOTE: PLEASE REFER TO THE PROSPECTUSES FOR THE POLICY, THE MERRILL LYNCH
SERIES FUND, INC., THE MERRILL LYNCH VARIABLE SERIES FUND, INC.,
AND THE MERRILL LYNCH FUND OF STRIPPED ("ZERO") U.S. TREASURY
SECURITIES, FOR MORE DETAILS.
SCH6A(NY) POLICY SCHEDULE 6
<PAGE>
================================================================================
INTRODUCTION TO THIS POLICY
This policy insures your lives. Insured No. 1 is the owner of this policy unless
another owner has been named in the application. The owner is shown in Policy
Schedule 2. The owner has the rights and options described in this policy.
- --------------------------------------------------------------------------------
THIS POLICY IS A CONTRACT
This policy is a contract between its owner and us. We provide insurance
coverage and other benefits as stated in this policy. We do this in return for a
completed application and payment of the initial premium.
Whenever we use the word POLICY, we mean the entire contract. The entire
contract consists of:
- the basic policy;
- the attached copy of the initial application;
- all subsequent applications to change the basic policy; and
- any riders or endorsements.
RIDERS and ENDORSEMENTS add provisions or change the terms of the basic policy.
- --------------------------------------------------------------------------------
DATES AND AGES REFERRED TO IN THIS POLICY
The following dates and the issue age are shown in Policy Schedule 1.
DATE OF ISSUE
This is the date this policy is issued at our Service Center. The contestable
and suicide periods are measured from this date.
POLICY DATE
This date is used to determine policy processing dates, policy years and
anniversaries. The policy date may or may not be the same as the date of issue.
ISSUE AGE
For each insured, this is your age on your birthday nearest the policy date.
ATTAINED AGE
For each insured, this is your issue age plus the number of full years elapsed
since the policy date.
- --------------------------------------------------------------------------------
RIGHT TO NAME A CONTINGENT OWNER
The owner may name a contingent owner. The owner may want to do this in case he
or she dies before a death benefit is payable under this policy. Ownership of
this policy would then pass to the contingent owner. If there's no contingent
owner, ownership would pass to the deceased owner's estate.
- --------------------------------------------------------------------------------
THE BENEFICIARY
The beneficiary is the person to whom we pay the proceeds upon the death of the
last surviving insured. We pay the proceeds to the primary beneficiary. If the
primary beneficiary (whether or not irrevocable) has died, the proceeds are paid
to any contingent beneficiary. If there is no surviving beneficiary, we pay the
proceeds to the estate of the last surviving insured.
Two or more persons may be named as primary beneficiaries or contingent
beneficiaries. In that case we will assume the proceeds are to be paid in equal
shares to the surviving beneficiaries. The owner can specify other than equal
shares.
The owner reserves the right to change beneficiaries unless the designation of
the primary beneficiary has been made irrevocable. If an irrevocable beneficiary
has been designated, the owner and irrevocable beneficiary must act together to
exercise the rights and options under this policy.
- --------------------------------------------------------------------------------
CHANGE OF OWNER OR BENEFICIARY
During either insured's lifetime the owner can transfer ownership of this policy
and change the beneficiary. To do this, the owner must send us written notice of
the change in a form satisfactory to us. The change will take effect as of the
day the notice is signed. But the change will not affect any payment made or
action taken by us before receipt of the notice of the change at our Service
Center.
- --------------------------------------------------------------------------------
SENDING NOTICE TO US
Any written notices or requests should be sent to our Service Center. The
address is shown on the front of this policy. Please include your names, policy
number, and, if another owner has been named, the name of the owner.
MFPLS87 3
<PAGE>
================================================================================
PREMIUM PAYMENTS
- --------------------------------------------------------------------------------
WHEN TO PAY PREMIUMS
Payment of the initial premium is required to put this policy in effect. The
amount of the initial premium is shown in Policy Schedule 1. After that, the
owner may pay additional premiums under this policy. See ADDITIONAL PREMIUMS.
- --------------------------------------------------------------------------------
WHERE TO PAY PREMIUMS
Pay the premiums to our Service Center. On request we'll give a receipt signed
by our treasurer.
- --------------------------------------------------------------------------------
ADDITIONAL PREMIUMS
If both insureds are alive, the owner may pay additional premiums under this
policy after the end of the free look period. To make an additional premium
payment, the owner must provide us with satisfactory notice at our Service
Center. This may be subject to evidence of insurability based on our
underwriting rules. Additional premiums may be paid under a periodic plan
subject to our rules. See GUARANTEE OF INSURABILITY RIDER. Unless otherwise
specified by the owner, we will send reminder notices for the planned periodic
premiums. Additional premiums, other than planned periodic premiums, are subject
to the restrictions shown in Policy Schedule 2. We reserve the right to return
any additional premiums that would cause this policy to fail to qualify as life
insurance under applicable tax laws as interpreted by us.
The amount and frequency of any planned periodic premiums elected in the initial
application are shown in Policy Schedule 1. Subject to our rules, the owner may
change the frequency or amount of planned periodic premiums by providing us with
satisfactory notice at our Service Center. We may require satisfactory evidence
of insurability and that both insureds are alive before we permit the owner to
increase the amount of planned periodic premiums.
Unless otherwise specified by the owner, if there is any policy debt, any
additional premiums paid, other than planned periodic premiums, will be used
first as a loan repayment with any excess applied as an additional premium. See
POLICY LOANS.
As of the date we receive and accept any additional premium:
- The Variable Insurance Amount will reflect this payment.
- The deferred policy loading in the policy year of the payment will
increase. Such increase will be recovered in level installments from
this policy's investment base. See Policy Schedule 3 for details.
- The fixed base will increase by the amount of the payment less any
premium loading deducted before allocation and less any deferred
policy loading applicable to such payment as shown in Policy Schedule
3.
As of the policy processing date on or next following the date of receipt and
acceptance of the additional premium the guaranteed benefits will increase. See
HOW WE DETERMINE THE GUARANTEE PERIOD AND FACE AMOUNT.
4
MFPLS87(NY)
<PAGE>
- --------------------------------------------------------------------------------
GRACE PERIOD
After the end of the Guarantee Period, we will terminate this policy on any
policy processing date if the cash surrender value on such policy processing
date is negative. This negative cash surrender value will be considered as an
overdue charge as of such policy processing date. We will not terminate this
policy due to a negative cash surrender value until the end of the grace period.
The grace period will end 61 days after we mail a notice that we may terminate
this policy because of insufficient cash surrender value. To avoid termination,
the owner must pay us at least the GRACE AMOUNT shown in Policy Schedule 2. This
amount will be specified on the notice we send. If the last surviving insured
dies during the grace period, we will pay the beneficiary the insurance benefits
as described in PROCEEDS PAYABLE TO THE BENEFICIARY.
- --------------------------------------------------------------------------------
HOW TO REINSTATE THIS POLICY
If we have terminated this policy at the end of the grace period, the owner may
reinstate it provided neither insured died between the date we terminated this
policy and the effective date of reinstatement if:
- The owner asks for reinstatement within three (3) years after the end
of the grace period;
- We receive satisfactory evidence of your insurability; and
- The owner pays us at least the REINSTATEMENT PREMIUM shown in Policy
Schedule 2.
The effective date of the reinstated policy will be the policy processing date
on or next following the date we approve your reinstatement application.
5
MFPLS87
<PAGE>
================================================================================
HOW VARIABLE LIFE INSURANCE WORKS
- --------------------------------------------------------------------------------
THE SEPARATE ACCOUNT
The variable life insurance benefits under this policy are provided through
investments we make in the separate account designated in Policy Schedule 6.
This account is kept separate from our general account and any other separate
accounts we may have. It is used to support variable life insurance policies and
may be used for other purposes permitted by applicable laws and regulations. We
own the assets in the separate account. Assets equal to the reserves and other
liabilities of the account won't be charged with liabilities that arise from any
other business we conduct. But we may transfer to our general account assets
which exceed the reserves and other liabilities of the separate account.
The separate account will invest in mutual funds, unit investment trusts and
other investment portfolios which we determine to be suitable for this policy's
purposes. The separate account is treated as a unit investment trust under
Federal securities laws. It is registered with the Securities and Exchange
Commission (SEC) under the Investment Company Act of 1940. The separate account
is also governed by state laws as designated in Policy Schedule 6.
Income, realized and unrealized gains or losses from assets in the separate
account are credited to or charged against the account without regard to other
income, gains or losses in our other investment accounts.
- --------------------------------------------------------------------------------
INVESTMENT DIVISIONS
The separate account is divided into investment divisions. Each investment
division invests in a designated investment portfolio. The divisions and the
investment portfolios in which they invest are specified in Policy Schedule 6.
Some of the portfolios designated may be managed by a separate investment
adviser. Such adviser is registered under the Investment Advisers Act of 1940.
Each investment division will be valued at the end of each valuation period. A
VALUATION PERIOD is each business day together with any non-business days before
it. A BUSINESS DAY for a division is any day the New York Stock Exchange (NYSE)
is open for trading, or any day in which the SEC requires that the mutual funds,
unit investment trusts or other investment portfolios be valued.
- --------------------------------------------------------------------------------
CHANGES WITHIN THE SEPARATE ACCOUNT
We may from time to time make additional investment divisions available. These
divisions will invest in investment portfolios we find suitable for this policy.
We also have the right to eliminate investment divisions from the separate
account, to combine two or more investment divisions, or to substitute a new
portfolio for the portfolio in which an investment division invests. A
substitution may become necessary if, in our judgment, a portfolio no longer
suits the purposes of this policy. This may happen due to a change in laws or
regulations, or a change in a portfolio's investment objectives or restrictions,
or because the portfolio is no longer available for investment, or for some
other reason. We would get prior approval from the insurance department of our
state of domicile before making such a substitution. We would also get prior
approval from the SEC and any other required approvals before making such a
substitution.
Subject to any required regulatory approvals, we reserve the right to transfer
assets of the separate account or of an investment division, which we determine
to be associated with the class of policies to which this policy belongs, to
another separate account or investment division.
When permitted by law, we reserve the right to:
- deregister the separate account under the Investment Company Act of
1940;
6
MFPLS87
<PAGE>
- --------------------------------------------------------------------------------
CHANGES WITHIN THE SEPARATE ACCOUNT (CONTINUED)
- operate the separate account as a management company under the
Investment Company Act of 1940;
- restrict or eliminate any voting rights of policyowners, or other
persons who have voting rights as to the separate account; and
- combine the separate account with other separate accounts.
- --------------------------------------------------------------------------------
TOTAL INVESTMENT BASE
The TOTAL INVESTMENT BASE is the amount that this policy provides for investment
at any time. It is the sum of the investment base in each of the investment
divisions. The owner selects the divisions to which to allocate the total
investment base. The maximum number of divisions to which the total investment
base may be allocated at any one time is shown in Policy Schedule 2.
- --------------------------------------------------------------------------------
INVESTMENT BASE IN EACH INVESTMENT DIVISION
ON THE POLICY DATE
On the policy date, the total investment base is allocated among the divisions
as shown in Policy Schedule 1.
ON EACH SUBSEQUENT BUSINESS DAY
On each subsequent business day, the investment base in each division is an
amount calculated as follows:
(1) We take the investment base in the division at the end of the preceding
valuation period.
(2) We multiply (1) by the division's net rate of return for the current
valuation period.
(3) We add (1) and (2).
(4) We add to (3) any premiums allocated to the division during the current
valuation period less any premium loading deducted before allocation as
shown in Policy Schedule 3.
(5) We add to (4) any loan repayments received and subtract from (4) any
borrowed amounts which are allocated to the division during the current
valuation period.
(6) If the business day is a policy processing date, we subtract from (5) the
amounts allocated to that division for:
(a) mortality costs;
(b) administrative fees;
(c) any other fees we describe in Policy Schedule 3; and
(d) any rider charges deducted from the investment base.
If a policy processing date is on a policy anniversary, we also subtract:
(e) any annual recovery of deferred policy loading; and
(f) any net loan cost.
All amounts in (6) will be allocated to each division in the proportion
that (3) bears to the total investment base.
(7) If the charges in (6) exceed the amount in (5), we will first calculate the
cash surrender value to determine the amount of any overdue charges and
then set the investment base in each division to zero.
7
MFPLS87(NY)
<PAGE>
- --------------------------------------------------------------------------------
FIXED BASE
The FIXED BASE on the policy date of this policy equals this policy's cash
surrender value. Thereafter, the fixed base is calculated in the same manner as
the cash surrender value except that all calculations will be based on the
guaranteed maximum cost of insurance rates shown in Policy Schedule 5 and the
interest rate used in our computations shown in Policy Schedule 2. The fixed
base calculation does not reflect policy loans and repayments.
- --------------------------------------------------------------------------------
CHARGES DEDUCTED FROM INVESTMENT BASE ON EACH
POLICY PROCESSING DATE AFTER THE POLICY DATE
MORTALITY COST
We will determine the mortality cost on each policy processing date after the
policy date as follows:
(1) We determine the policy's NET AMOUNT AT RISK as of the previous policy
processing date, which is equal to:
(a) the death benefit as of such previous policy processing date,
less
(b) the cash surrender value as of such previous policy processing
date.
(2) We adjust (1) for interest at the rate used in our computations which is
shown in Policy Schedule 2 to reflect that:
(a) we assume claims are paid immediately upon the death of the last
surviving insured, and
(b) we deduct the mortality cost at the end of a policy processing
period.
(3) We divide (2) by $1,000.
(4) We determine the CURRENT COST OF INSURANCE RATE per $1,000 based on the
policy year, sexes and underwriting classes of both insureds and the value
of (3) above.
If your underwriting class changes as a result of a change in face amount
requested by the owner or an additional premium payment, we will determine
the current cost of insurance rate per $1,000 separately for increases in
death benefit after the effective date of such increase.
(5) We multiply (3) by (4).
In no event will (5) be greater than the amount determined by substituting
the fixed base as of the previous policy processing date for the amount of
cash surrender value in (1)(b) above and the guaranteed maximum cost of
insurance rate per $1,000 for the current cost of insurance rate per $1,000
in (4).
We may change the current cost of insurance rates per $1,000 from time to time.
Any change in the current rates will be as described in CHANGES IN POLICY COST
FACTORS. They will never be more than the guaranteed maximum cost of insurance
rates per $1,000 shown in Policy Schedule 5.
OTHER DEDUCTIONS
Administrative and other fees and the annual recovery of deferred policy loading
are shown in Policy Schedule 3. The annual recovery of deferred policy loading
will be increased if additional premiums are paid. See ADDITIONAL PREMIUMS. The
net loan cost is described in the POLICY LOANS provision. The cost of any
benefits from riders is shown in Policy Schedule 3.
- --------------------------------------------------------------------------------
ALLOCATION OF ADDITIONAL PREMIUMS
As of the date we receive and accept an additional premium payment, the increase
in the total investment base will be allocated among the investment divisions in
accordance with instructions from the owner. If no such instructions are
received by us, allocation will be among the investment divisions in proportion
to the investment base in each division as of the date we receive and accept the
premium.
8
MFPLS87
<PAGE>
- --------------------------------------------------------------------------------
OWNER'S RIGHT TO CHANGE ALLOCATION OF TOTAL INVESTMENT BASE
The owner can change the allocation of the total investment base among the
investment divisions. The number of changes each year that we will allow is
shown in Policy Schedule 2. To make a change, the owner must provide us with
satisfactory notice at our Service Center. The change will take effect when we
receive the notice. Our calculations will reflect the change.
- --------------------------------------------------------------------------------
WHAT HAPPENS ON THE MATURITY DATE OF AN INVESTMENT DIVISION
If part of the total investment base is allocated to an investment division that
has a maturity date, then, unless otherwise specified by the owner, the amounts
in that division as of the maturity date will be allocated to the investment
division designated for that purpose in Policy Schedule 2.
We will notify the owner 30 days in advance of the maturity date. To elect an
allocation to other than the division designated in Policy Schedule 2, the owner
must provide satisfactory notice to us at least 7 days prior to the maturity
date. The allocation on a maturity date will not be considered a change in the
allocation of the investment base for purposes of the number of changes
permitted.
- --------------------------------------------------------------------------------
MEASUREMENT OF INVESTMENT EXPERIENCE
The investment experience of an investment division is determined at the end of
each division's valuation period.
INDEX OF INVESTMENT EXPERIENCE
We use an INDEX to measure changes in each investment division's experience
during a valuation period. We set the index at $10 when the first investments in
that division were made. The index for a current valuation period equals the
index for the preceding valuation period multiplied by the experience factor for
the current period.
HOW WE DETERMINE THE EXPERIENCE FACTOR
The EXPERIENCE FACTOR for an investment division's valuation period reflects the
investment experience of the portfolio in which the division invests as well as
the charges assessed against the division. The factor is calculated as follows:
(1) We take the net asset value as of the end of the current valuation period
of the portfolio in which the division invests.
(2) We add to (1) the amount of any dividend or capital gains distribution
declared during the current valuation period for the investment portfolio.
We subtract from that amount a charge for our taxes, if any.
(3) We divide (2) by the net asset value of the portfolio at the end of the
preceding valuation period.
(4) We subtract the daily Asset Charge shown in Policy Schedule 3 for each day
in the valuation period. This charge is to cover expense, mortality and
minimum death benefit guarantee risks that we are assuming.
(5) For any divisions investing in unit investment trusts only, we subtract an
additional charge equal to the daily Trust Charge shown in Policy Schedule
3 for each day in the valuation period. This charge is to cover the actual
costs incurred in the purchase or sale of units of the trusts.
Calculations for divisions investing in the mutual fund portfolios are made on a
per share basis. Calculations for divisions investing in unit investment trusts
are on a per unit basis.
- --------------------------------------------------------------------------------
NET RATE OF RETURN FOR AN INVESTMENT DIVISION
Here's how we find an investment division's NET RATE OF RETURN for a valuation
period:
(1) We determine the change in the division's index from the preceding
valuation period to the current valuation period.
(2) We divide this by the index for the preceding valuation period.
We follow a consistent method for longer periods of time.
9
MFPLS87
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POLICY BENEFITS FOR THE OWNER
There are important rights and benefits that are available to the owner of this
policy during the lifetime of either insured. We discuss some of these rights
and benefits in this section.
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CASH VALUE BENEFITS
CASH SURRENDER VALUE
The cash surrender value is determined as follows:
ON THE POLICY DATE
The cash surrender value equals the total investment base plus any policy debt
less the deferred policy loading for the first policy year.
ON EACH SUBSEQUENT POLICY PROCESSING DATE
On each subsequent policy processing date, the cash surrender value is
calculated as follows:
(1) We take the total investment base.
(2) We add to (1) any policy debt as of such date.
(3) We subtract from (2) the following amounts:
(a) the deferred policy loading for the current policy year;
(b) any first year administrative fee that would otherwise be
deducted; and
(c) if a policy processing date is other than a policy anniversary,
any pro-rata net loan cost since the last policy anniversary (or
since the policy date if during the first policy year).
ON A DATE DURING A POLICY PROCESSING PERIOD
On a date during a policy processing period, the cash surrender value is
calculated as follows:
(1) We take the total investment base.
(2) We add to (1) any policy debt as of such date.
(3) We subtract from (2) the following amounts:
(a) the deferred policy loading for the current policy year;
(b) any first year administrative fee that would otherwise be
deducted;
(c) the pro-rata mortality cost since the last policy processing
date;
(d) any other fees which would otherwise be deducted on the next
policy processing date; and
(e) any pro-rata net loan cost since the last policy anniversary (or
since the policy date if during the first policy year).
SURRENDERING TO RECEIVE THE NET CASH SURRENDER VALUE
The owner can surrender this policy at any time and receive its net cash
surrender value. The net cash surrender value may be paid in cash or under one
or more income plans. See CHOOSING AN INCOME PLAN. The NET CASH SURRENDER VALUE
is the cash surrender value minus any policy debt. To surrender this policy, the
owner must return it to our Service Center with a signed request for surrender
in a form satisfactory to us. The surrender will take effect on the date this
policy and the request are sent to us. The net cash surrender value will vary
daily. We will determine the net cash surrender value as of the date we receive
this policy and the signed request at our Service Center. We'll usually pay the
net cash surrender value within 7 days. But me may delay payment when we are not
able to determine the amount because:
- the NYSE is closed for trading; or
- the SEC determines that a state of emergency exists.
10
MFPLS87(NY)
<PAGE>
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POLICY LOANS
The owner may borrow money from us. This policy will be the only security we
require for the loan. A loan may be taken any time this policy is in effect. The
owner may repay all or part of the loan at any time while the last surviving
insured is living.
LOAN VALUE
The loan value is shown in Policy Schedule 2. The amount of the loan may not
exceed the loan value. Any existing policy debt will be deducted from a new
loan. The minimum permissible amount of any loan and repayment are shown in
Policy Schedule 2.
INTEREST
The loan interest rate is shown in Policy Schedule 2. Interest accrues (builds
up) each day. Interest payments are due at the end of each policy year. If
interest isn't paid when due, it will be added to the amount of the loan. The
sum of all outstanding loans plus accrued interest is called the POLICY DEBT.
If the policy debt exceeds the larger of the cash surrender value and the fixed
base, we will terminate this policy. We will not do this, however, until 61 days
after we mail notice of our intent to terminate. We'll notify, at their last
known addresses, the owner and anyone who holds this policy as collateral.
EFFECT OF A LOAN
A loan will be transferred out of the separate account and into our general
account and a repayment will be transferred into the separate account. A policy
loan reduces the total investment base while repayment of a loan will cause an
increase in the total investment base. Loans and repayments will be allocated
among the investment divisions in accordance with instructions given by the
owner. The owner may change that allocation by sending satisfactory notice to
us. If no such instructions are on record, the loan or repayment will be
allocated in proportion to the investment base in each division as of the date
of the loan or repayment.
A loan, WHETHER OR NOT REPAID, will have a PERMANENT EFFECT on the cash
surrender values and may have a permanent effect on the death benefits. See HOW
VARIABLE LIFE INSURANCE WORKS. If not repaid, the policy debt will reduce the
amount of death benefit proceeds and cash value benefits.
NET LOAN COST
The net loan cost will be calculated as follows:
(1) We determine the policy debt as of the previous policy anniversary.
(2) We multiply (1) by the loan charge shown in Policy Schedule 3.
Loans and repayments during a policy year will affect our calculations.
WHEN WE WILL MAKE THE LOAN
We'll usually loan the money within 7 days after we receive a request
satisfactory to us. But we may delay making the loan when we are not able to
determine the loan value because:
- the NYSE is closed for trading; or
- the SEC determines that a state of emergency exists.
If the loan is to be used to pay premiums on another variable life insurance
policy offered by us, we'll make the loan immediately.
11
MFPLS87(NY)
<PAGE>
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ASSIGNMENT - USING THIS POLICY AS COLLATERAL SECURITY
The owner can assign this policy as collateral security for a loan or other
obligation. This does not change the ownership. But the owner's rights and any
beneficiary's rights are subject to the terms of the assignment. To make or
release an assignment, we must receive written notice, satisfactory to us, at
our Service Center. We're not responsible for the validity of any assignment.
- --------------------------------------------------------------------------------
RIGHT TO EXCHANGE FOR FIXED LIFE INSURANCE
The owner may exchange this policy for a policy with benefits that do not vary
with the investment results of a separate account. No evidence of insurability
will be required.
We'll issue the new policy on your life after we receive:
- a proper written request; and
- this policy.
OTHER FACTS ABOUT THE NEW POLICY
The new policy's owner, insureds and beneficiary will be the same as those of
this policy as of the date of exchange. The new policy will have the same issue
age, issue date, face amount, cash surrender value, underwriting class and
benefit riders as this policy. Any policy debt under this policy will be carried
over to the new policy.
12
MFPLS87(NY)
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INSURANCE BENEFITS
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VARIABLE INSURANCE AMOUNT
The Variable Insurance Amount on the policy date equals the cash surrender value
as of such date multiplied by the net single premium factor for the first policy
year. Thereafter, the Variable Insurance Amount will vary daily based on the
investment results and any premium payments made. The Variable Insurance Amount
will be determined as of each date as follows:
(1) We determine the cash surrender value of this policy as of such date.
(2) We multiply (1) by the net single premium factor as of such date.
In no event will the Variable Insurance Amount be less than that required to
keep this policy qualified as life insurance under the Federal income tax laws.
The table of net single premium factors is shown in Policy Schedule 4.
- --------------------------------------------------------------------------------
CHANGING THE FACE AMOUNT
After the end of the first policy year, the owner may change the face amount of
this policy subject to the restrictions shown in Policy Schedule 2. To request a
change in face amount, the owner must provide satisfactory notice to us. The
EFFECTIVE DATE OF CHANGE will be the next policy processing date provided we
receive the notice at our Service Center at least 7 days before such policy
processing date. As of the effective date of change, the guaranteed benefits
will change. See HOW WE DETERMINE THE GUARANTEE PERIOD AND FACE AMOUNT.
INCREASING THE FACE AMOUNT
If both insureds are alive, the owner may increase the face amount of this
policy. Satisfactory evidence of insurability may be required before we will
increase the face amount of this policy. An increase in face amount will
decrease the Guarantee Period. The maximum increase in face amount is that which
results in the minimum Guarantee Period for which we would then issue this
policy based on the attained age of each insured.
DECREASING THE FACE AMOUNT
A decrease in face amount will increase the Guarantee Period. We will not allow
a decrease in the face amount below the minimum face amount for which we would
then issue this policy based on your attained age of each insured. Nor will we
allow a decrease in the face amount below the amount required to keep this
policy qualified as life insurance under Federal income tax laws.
- --------------------------------------------------------------------------------
HOW WE DETERMINE THE GUARANTEE PERIOD AND FACE AMOUNT
ON THE POLICY DATE
The initial Guarantee Period and initial face amount on the policy date are
shown in Policy Schedule 2. The Guarantee Period and face amount are not
affected by investment results nor the allocation of the total investment base
among the investment divisions. They will change as described below as a result
of any additional premiums or any change in face amount requested by the owner.
WHEN AN ADDITIONAL PREMIUM IS PAID
The guaranteed benefits will increase as follows:
(1) We take the immediate increase in cash surrender value resulting from the
additional premium.
(2) We add to (1) interest at the rate used in computations shown in Policy
Schedule 2 for the period from the date we receive and accept the
additional premium to the policy processing date on or next following such
date. This is the GUARANTEE ADJUSTMENT AMOUNT.
(3) If the Guarantee Period prior to payment is less than for the lifetime of
the last surviving insured:
The total of the guarantee adjustment amount and the fixed base will be
used to calculate a new Guarantee Period. Any part of such total in excess
of the amount required to increase the Guarantee Period to the whole of
life of the last surviving insured will be applied as in (4) below.
13
MFPLS87(NY)
<PAGE>
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HOW WE DETERMINE THE GUARANTEE PERIOD AND FACE AMOUNT (CONTINUED)
(4) If the Guarantee Period is for the lifetime of the last surviving insured:
The guarantee adjustment amount or excess amount from (3) above will be
applied as a net single premium for the whole of life to increase the face
amount of this policy.
WHEN A CHANGE IN FACE AMOUNT IS REQUESTED
As of the effective date of change, we will redetermine the Guarantee Period as
follows:
(1) We take the fixed base as of such date.
(2) Based on the policy year, the new face amount of this policy and the amount
in (1), we will redetermine the Guarantee Period.
Our computations are based on the interest rate shown in Policy Schedule 2
and the guaranteed maximum cost of insurance rates shown in Policy Schedule
5.
- --------------------------------------------------------------------------------
PROCEEDS PAYABLE TO THE BENEFICIARY
We will pay the death benefit proceeds to the beneficiary upon the death of the
last surviving insured. The proceeds may be paid in cash or under one or more
income plans. See CHOOSING AN INCOME PLAN.
DEATH BENEFIT PROCEEDS
Death benefit proceeds are determined as follows:
(1) We determine this policy's death benefit, which is the larger of the face
amount and the Variable Insurance Amount.
(2) We subtract from (1) any policy debt.
(3) We add to (2) any amounts due from riders.
The values above will be those as of the date of death of the last surviving
insured. If the last surviving insured dies during the grace period, we will pay
the beneficiary the death benefit proceeds in effect immediately prior to the
grace period reduced by any overdue charges. The death benefit will never be
less than that required to keep this policy qualified as life insurance under
the Federal income tax laws.
HOW TO CLAIM DEATH BENEFIT PROCEEDS
The beneficiary should contact our Service Center for instructions. We'll
usually pay the proceeds within 7 days after we receive proof of the death of
the last surviving insured, and any other requirements. Proof of the death of
the last surviving insured must include proof that both insureds have died. We
may delay payment of all or part of the death benefit if we have not been able
to determine this policy's cash surrender value as of the date of death of the
last surviving insured because:
- the NYSE is closed for trading; or
- the SEC determines that a state of emergency exists.
If a delay is necessary and the death of the last surviving insured occurs prior
to the end of the Guarantee Period, we may delay payment of any excess of the
death benefit over the face amount. After the Guarantee Period we may delay
payment of the entire death benefit. We will add interest to the death benefit
proceeds at an annual rate of at least 4% from the date of death of the last
surviving insured to the date of payment. Interest added to death benefit
proceeds will not be less than that required by any applicable law.
14
MFPLS87(NY)
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CHOOSING AN INCOME PLAN
The owner may choose one or more income plans for the payment of death benefit
proceeds during your lifetime. If, at the time of the death of the last
surviving insured, no plan has been chosen for paying death benefit proceeds,
the beneficiary may choose a plan within one year. The owner may also elect an
income plan on surrender of the policy for its net cash surrender value. For
each plan we'll issue a separate written agreement putting the plan into effect.
Our approval is needed for any plan where:
- the person named to receive payment is other than the owner or
beneficiary; or
- the person named is not a natural person, such as a corporation; or
- any income payment would be less than $100.
- --------------------------------------------------------------------------------
THE INCOME PLANS
There are six income plans to choose from. They are:
PLAN 1. INCOME FOR A FIXED PERIOD
Payment is made in equal installments for a fixed number of years. We guarantee
each monthly payment will be at least the amount shown in the following table.
Values for annual, semi-annual or quarterly payments are available on request.
TABLE FOR INCOME FOR A FIXED PERIOD
(Payments for Each $1,000 Applied)
Fixed Period Monthly Fixed Period Monthly
of Years Income of Years Income
------------ ------- ------------ -------
1 $84.47 16 $6.53
2 42.86 17 6.23
3 28.99 18 5.96
4 22.06 19 5.73
5 17.91 20 5.51
6 15.14 21 5.32
7 13.16 22 5.15
8 11.68 23 4.99
9 10.53 24 4.84
10 9.61 25 4.71
11 8.86 26 4.59
12 8.24 27 4.47
13 7.71 28 4.37
14 7.26 29 4.27
15 6.87 30 4.18
PLAN 2. INCOME FOR LIFE
Payment is made to the person named in equal monthly installments and guaranteed
for at least a period certain. The period certain can be 10 or 20 years. Other
periods certain are available on request. A refund certain may be chosen
instead. Under this arrangement, income is guaranteed until payments equal the
amount applied. If the person named lives beyond the guaranteed payments,
payments continue until his or her death.
We guarantee each payment will be at least the amount shown in the following
table. By age we mean the named person's age on his or her birthday nearest the
plan's effective date. Amounts for ages not shown are available on request.
15
MFPLS87
<PAGE>
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THE INCOME PLANS (CONTINUED)
TABLES FOR INCOME FOR LIFE
(Monthly Payments for Each $1,000 Applied)
PAYMENTS TO A MALE
Age 10 Years Certain 20 Years Certain Refund Certain
--- ---------------- ---------------- --------------
0-10 $2.85 $2.84 $2.84
15 2.92 2.91 2.90
20 3.00 2.99 2.98
25 3.10 3.09 3.08
30 3.22 3.21 3.19
35 3.37 3.35 3.33
40 3.56 3.52 3.50
45 3.80 3.74 3.71
50 4.10 3.99 3.97
55 4.47 4.28 4.29
60 4.95 4.60 4.70
65 5.58 4.92 5.23
70 6.34 5.20 5.90
75 7.20 5.38 6.76
80 8.06 5.47 7.87
85 & over 8.77 5.50 ----
PAYMENTS TO A FEMALE
Age 10 Years Certain 20 Years Certain Refund Certain
--- ---------------- ---------------- --------------
0-10 $2.78 $2.78 $2.77
15 2.83 2.83 2.83
20 2.90 2.90 2.89
25 2.98 2.98 2.97
30 3.08 3.07 3.07
35 3.20 3.19 3.18
40 3.35 3.34 3.32
45 3.54 3.52 3.50
50 3.78 3.73 3.71
55 4.09 4.00 3.99
60 4.49 4.32 4.34
65 5.01 4.67 4.79
70 5.70 5.02 5.38
75 6.57 5.29 6.16
80 7.56 5.44 7.21
85 & over 8.46 5.50 ----
PLAN 3. INTEREST PAYMENT
Amounts can be left with us to earn interest at an annual rate of at least 3%.
Interest payments can be made annually, semi-annually, quarterly or monthly.
PLAN 4. INCOME OF A FIXED AMOUNT
Payments of an agreed fixed amount are made annually, semi-annually, quarterly
or monthly. The fixed amount per year must be at least $60 for each $1,000 of
the amount applied. The amount applied will earn interest at an annual rate of
at least 3%. Payments will continue until the amount applied and interest are
fully paid.
16
MFPLS87
<PAGE>
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THE INCOME PLANS (CONTINUED)
PLAN 5. JOINT LIFE INCOME
This plan is available if there are two persons named to receive payments. At
least one of the persons named must be either the owner or beneficiary of this
policy. Monthly payments are made as long as at least one of the named persons
is living. We guarantee the payments will be at least the amount shown in the
following table while both named persons are alive. When one dies, we guarantee
to continue paying the other at least two-thirds of the amount shown. By age we
mean the named person's age on his or her birthday nearest the plan's effective
date. Amounts for two males, two females, or for ages not shown in the table
below are available on request.
TABLE OF JOINT LIFE INCOME
(Monthly Payments for Each $1,000 Applied)
FEMALE AGE
55 60 65 70 75
---------------------------------------------
50 $3.65 $3.78 $3.88 $3.96 $4.02
55 3.77 3.94 4.10 4.23 4.34
60 3.87 4.10 4.33 4.54 4.72
MALE AGE 65 3.95 4.23 4.54 4.85 5.14
70 4.01 4.34 4.72 5.15 5.59
75 4.05 4.41 4.86 5.40 6.01
PLAN 6. ANNUITY PLAN
An amount can be used to buy any single premium annuity we offer on the plan's
effective date. However, the annuity can be bought at a rate 3% less than the
rate new applicants pay. Annuities combine features of guaranteed income and
payment similar to plans 2 and 5.
- --------------------------------------------------------------------------------
PAYMENTS WHEN NAMED PERSON DIES
When the person named to receive payments dies, we will pay any amounts still
due as provided by the plan agreement. The amounts still due are determined as
follows:
- For plans 1, 2, or 4, any remaining guaranteed payments will be
continued. Under plan 4, any unpaid proceeds with any accrued interest
may be paid in a single sum. Under plans 1 and 2, the discounted
values of the remaining guaranteed payments may be paid in a single
sum. This means we deduct the amount of the interest each remaining
guaranteed payment would have earned had it not been paid out early.
The discount interest rate is 3% for plan 1 and 3% for plan 2. But we
will use the interest rate we used to calculate the payment for plans
1 and 2, if they were not based on the table in this policy.
- For plan 3, we'll pay the amount left with us and any accrued
interest.
- For plan 5, no amounts are payable after both named persons have died.
- For plan 6, the annuity agreement will state the amount due, if any.
17
MFPLS87
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OTHER IMPORTANT INFORMATION
- --------------------------------------------------------------------------------
LIMITS ON OUR CONTESTING THIS POLICY
We rely on the statements made in the applications. Legally, they are considered
representations, not warranties. We can contest the validity of this policy if
any material misstatements are made in the initial application, a copy of which
is attached. We can also contest the validity of any change in face amount
requested by the owner if any material misstatements are made in any application
required for that change. We can also contest any amount of death benefit which
would not be payable except for the fact that an additional payment which
requires evidence of insurability was paid if any material misstatements are
made in any application required with the premium.
We won't contest the validity of this policy after this policy has been in
effect during the lifetime of either insured for two years from the date of
issue. We won't contest any change in face amount requested by the owner after
the change has been in effect during the lifetime of either insured for two
years from the effective date of such change. Nor will we contest any amount of
death benefit attributable to an additional premium which requires evidence of
insurability after it has been in effect during the lifetime of either insured
for two years from the date we receive and accept such premium.
If this policy is reinstated, this provision will be measured from the effective
date of the reinstated policy.
- --------------------------------------------------------------------------------
QUARTERLY REPORT
We will send the owner a report four (4) times a policy year within 31 days
after the end of each policy quarter. The report will show the death benefit,
cash surrender value and policy debt as of the end of the policy quarter. The
report will also show the allocation of the total investment base as of such
date and the amounts deducted from or added to the total investment base since
the last quarterly report. The report will also include any other information
that may be currently required by the insurance supervisory official of the
jurisdiction in which this policy is delivered.
- --------------------------------------------------------------------------------
CHANGING THIS POLICY
The policy or any benefit riders may be changed to another plan of insurance
according to our rules at the time of the change.
- --------------------------------------------------------------------------------
POLICY CHANGES - APPLICABLE TAX LAW
For you and the owner to receive the tax treatment accorded to life insurance
under Federal law, this policy must qualify initially and continue to qualify as
life insurance under the Internal Revenue Code or successor law. Therefore, to
maintain this qualification to the maximum extent permitted by law, we have
reserved in this policy the right to return any premium payments that would
cause this policy to fail to qualify as life insurance under applicable tax law
as interpreted by us. Further, we reserve the right to make changes in this
policy or its riders or to make distributions from this policy to the extent we
deem it necessary to continue to qualify this policy as life insurance. Any such
changes will apply uniformly to all policies that are affected. The owner will
be given advance written notice of such changes.
- --------------------------------------------------------------------------------
ERROR IN AGE OR SEX
If an age or sex for either insured as stated in the application is wrong, it
could mean the face amount or any other policy benefit is wrong. Therefore,
amounts payable under this policy or its riders will be what the premiums paid
would have bought for the Guarantee Period at the true age or sex.
18
MFPLS87(NY)
<PAGE>
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SUICIDE
If either insured commits suicide within two years from the date of issue, we
will pay only a limited benefit and then terminate this policy. The limited
benefit will be the amount of the premiums paid less any policy debt.
If either insured commits suicide within two years of the effective date of any
increase in face amount requested by the owner, we will terminate the coverage
attributable to such increase in face amount and pay only a limited benefit. The
limited benefit will be the amount of mortality cost deductions for such
increase.
If either insured commits suicide within two years of any date we receive and
accept an additional premium which requires evidence of insurability, we will
terminate the coverage attributable to such additional premium and pay only a
limited benefit. The limited benefit will be the amount of such premium less any
policy debt attributable to amounts borrowed during two years from the date we
receive and accept the additional premium.
Within 90 days of the death of the first insured, the owner may elect to apply
the amount of the limited benefit to a single life policy on the life of the
surviving insured, subject to the following provisions:
- The new policy's issue date will be the date of death of the deceased
insured.
- The insurance age will be the surviving insured's attained age on the
new policy's issue date.
- No medical examination or other evidence of insurability will be
required for the new policy.
- The face amount of the new policy will be determined by applying the
limited benefit amount as a single premium payment under the new
policy. The face amount of the new policy may not exceed the face
amount of this policy.
- Our Service Center must receive a written request which is
satisfactory to us.
- The new policy cannot involve any other life.
- Additional benefits or riders available on the policy will be
available with the new policy only with our consent.
- The new policy will be issued at our current rates for the surviving
insured's attained age, based on the underwriting class assigned to
the surviving insured when this policy was underwritten. The
underwriting class for the new policy may differ from that of this
policy.
- If the amount of insurance that would be purchased under the new
policy falls below the minimum insurance amounts currently allowed,
this option will not be available.
- --------------------------------------------------------------------------------
ESTABLISHING SURVIVORSHIP
If we are unable to determine which of the insureds was the last survivor on the
basis of proofs of death provided to us, we shall consider Insured No. 1 to be
the last surviving insured.
- --------------------------------------------------------------------------------
CLAIMS OF CREDITORS
The proceeds of this policy will be free from creditors' claims to the extent
allowed by law.
- --------------------------------------------------------------------------------
NON-PARTICIPATING
This policy does not participate in the divisible surplus of ML of New York.
- --------------------------------------------------------------------------------
AUTHORITY TO MAKE AGREEMENTS
All agreements made by us must be signed by our president or a vice president
and by our secretary or an assistant secretary. No other person, including an
insurance agent or broker, can:
- change any of this policy's terms;
- extend the time for paying premiums; or
- make any agreement binding on us.
19
MFPLS87(NY)
<PAGE>
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CHANGES IN POLICY COST FACTORS
Changes in policy cost factors (expense charges, current cost of insurance
rates, loan charges) will be by class and based upon changes in future
expectations for such elements as: mortality, persistency, expenses and taxes.
Any change in policy cost factors will be determined in accordance with
procedures and standards on file, if required, with the insurance supervisory
official of the jurisdiction in which this policy is delivered.
- --------------------------------------------------------------------------------
MATURITY DATE OF THIS POLICY
On the maturity date of this policy shown in Policy Schedule 2, we will pay the
owner the net cash surrender value if either insured is then living and the
policy is in effect. The net cash surrender value may be paid in cash or under
one or more income plans. See CHOOSING AN INCOME PLAN.
Payment of the planned periodic premiums shown in Policy Schedule 1 does not
guarantee that this policy will remain in effect until the maturity date. The
period for which coverage will continue may depend on:
- the amount, timing and frequency of premium payments;
- changes in the face amount of this policy;
- changes in the cost of insurance rates;
- any deductions for policy loans;
- any deductions resulting from any benefit riders; and
- investment results.
- --------------------------------------------------------------------------------
REQUIRED NOTE ON OUR COMPUTATIONS
Our computations of reserves, cash surrender values, fixed base and the maximum
mortality costs are based on the mortality table and interest at the rate shown
in Policy Schedule 2. In calculating the maximum mortality costs, we use the
exact ages of both insureds and their individual mortality costs to determine
annual mortality costs for the joint and last survivor status. When making our
computations, we assume that death claims are paid immediately. Mortality and
expense risks of ML of New York shall not adversely affect the dollar amount of
insurance benefits or cash surrender values.
We have filed a detailed statement of our computations with the insurance
supervisor of the state of jurisdiction where this policy is delivered. All
policy values equal or exceed those required by the law of that state or
jurisdiction. Any benefit provided by an attached rider will not increase these
values unless stated in that rider.
20
MFPLS87(NY)
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MODIFIED FLEXIBLE PREMIUM JOINT AND LAST SURVIVOR VARIABLE LIFE INSURANCE POLICY
Variable life insurance payable upon death of the last surviving insured. Death
benefit subject to guaranteed minimum during Guarantee Period. Guaranteed
minimum is policy's face amount. Flexible premiums. Non-participating.
Investment results reflected in policy benefits.
MFPLS87(NY)
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April 25, 1995
Board of Directors
ML Life Insurance Company of New York
100 Church Street, 11th Floor
New York, NY 10080-6511
To The Board of Directors:
In my capacity as General Counsel of ML Life Insurance Company of New York (the
"Company"), I have supervised the establishment of the ML of New York Variable
Life Separate Account II (the "Account"), by the Board of Directors of the
Company as a separate account for assets applicable to certain flexible premium
variable life insurance contracts (the "Contracts") issued by the Company
pursuant to the provisions of Section 4240 of the Insurance Laws of the State of
New York. Moreover, I have supervised the preparation of Post-Effective
Amendment No. 4 to the Registration Statement on Form S-6 (the "Registration
Statement") (File No. 33- 51794) filed by the Company and the Account with the
Securities and Exchange Commission under the Securities Act of 1933, for the
registration of the Contracts to be issued with respect to the Account.
I have made such examination of the law and examined such corporate records and
such other documents as in my judgment are necessary and appropriate to enable
me to render the following opinion that:
1. The Company has been duly organized under the laws of the State of New
York and is a validly existing corporation.
2. The Contracts, when issued in accordance with the prospectus contained
in the aforesaid registration statement and upon compliance with
applicable local law, will be legal and binding obligations of the
Company in accordance with their terms.
3. The Account is duly created and validly existing as a separate account
pursuant to the aforesaid provisions of New York law.
4. The assets held in the Account equal to the reserves and other contract
liabilities with respect to the Account will not be chargeable with
liabilities arising out of any other business the Company may conduct.
I hereby consent to the filing of this opinion as an exhibit to the Registration
Statement and to the use of my name under the caption "Legal Matters" in the
Prospectus contained in the Registration Statement.
Very truly yours,
/s/ Barry G. Skolnick
Barry G. Skolnick
Senior Vice President and General
Counsel
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April 25, 1995
Board of Directors
ML Life Insurance Company of New York
100 Church Street, 11th Floor
New York, NY 10080-6511
To The Board of Directors:
This opinion is furnished in connection with the filing of Post-Effective
Amendment No. 4 to the Registration Statement on Form S-6 (the "Registration
Statement") (File No. 33-51794) which covers premiums received under certain
flexible premium variable life insurance contracts ("Contracts" or "Contract")
issued by ML Life Insurance Company of New York (the "Company").
The Prospectus included in the Registration Statement describes Contracts which
are issued by the Company. The Contract forms were reviewed under my direction,
and I am familiar with the Registration Statement and Exhibits thereto. In my
opinion:
1. Using the interest rate and mortality tables guaranteed in the Contract,
current mortality rates cannot be established at levels such that the
"sales load," as defined in paragraph (c)(4) of Rule 6(e)-3T under the
Investment Company Act of 1940, would exceed 9 percent of any payment.
2. The illustrations of death benefits, investment base, cash surrender
values and accumulated premiums included in the Registration Statement
for the Contract and based on the assumptions stated in the
illustrations, are consistent with the provision of the Contract. The
rate structure of the Contract has not been designed so as to make the
relationship between premiums and benefits, as shown in the
illustrations, appear more favorable to a prospective purchaser of a
Contract for the ages and sexes shown, than to prospective purchasers of
a Contract for other ages and sex.
3. The table of illustrative net single premium factors included in the
"Death Benefit Proceeds" section is consistent with the provision of the
Contract.
4. The information with respect to the Contract contained in (i) the
illustrations of the change in face amount included in the "Additional
Payments" sections of the Examples, (ii) the illustrations of a change in
Guarantee Period included in the "Changing the Face Amount" section of
the Examples and (iii) the illustrations of the changes in face amount
included in the "Partial Withdrawals" section of the Examples, based in
the assumptions specified, are consistent with the provisions of the
Contract.
I hereby consent to the use of this opinion as an exhibit to the Registration
Statement and to the use of my name relating to actuarial matters under the
heading "Experts" in the Prospectus.
Very truly yours,
/s/ Joseph E. Crowne
Joseph E. Crowne, FSA
Senior Vice President &
Chief Financial Officer
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[Letterhead]
CONSENT OF SUTHERLAND, ASBILL & BRENNAN
We consent to the reference to our firm under the heading "Legal Matters" in the
prospectus included in Post-Effective Amendment No. 4 to the Registration
Statement on Form S-6 for certain variable life insurance contracts issued
through ML of New York Variable Life Separate Account II of ML Life Insurance
Company of New York (File No. 33-51794). In giving this consent, we do not admit
that we are in the category of persons whose consent is required under Section 7
of the Securities Act of 1933.
/s/ Sutherland, Asbill & Brennan
SUTHERLAND, ASBILL & BRENNAN
Washington, D.C.
April 25, 1995
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INDEPENDENT AUDITORS' CONSENT
We consent to the use in this Post-Effective Amendment No. 4 to Registration
Statement No. 33-51794 of ML of New York Variable Life Separate Account II on
Form S-6 of our reports on (i) ML Life Insurance Company of New York dated
February 27, 1995, and (ii) ML of New York Variable Life Separate Account II
dated February 8, 1995, appearing in the Prospectus, which is a part of such
Registration Statement, and to the reference to us under the heading "Experts"
in such Prospectus.
/s/ Deloitte & Touche LLP
New York, New York
April 25, 1995
