<PAGE> 1
As filed with the Securities and Exchange Commission on May 26, 1999
Registration No. 333-_____
811-07798
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
------------------------------
FORM S-6
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FOR THE REGISTRATION UNDER THE SECURITIES ACT
OF 1933 OF SECURITIES OF UNIT INVESTMENT TRUSTS
REGISTERED ON FORM N-8B-2
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A. Exact name of trust:
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
VARIABLE UNIVERSAL LIFE SEPARATE ACCOUNT - I
B. Name of depositor:
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
C. Complete address of depositor's principal executive office:
51 Madison Avenue
New York, New York 10010
D. Name and complete address of agent for service:
Carol Yee, Esq.
New York Life Insurance and
Annuity Corporation
51 Madison Avenue
New York, New York 10010
Copy to:
Jeffrey Puretz, Esq. Michael J. McLaughlin, Esq.
Dechert, Price & Rhoads Senior Vice President
1500 K Street, N. W. and General Counsel
Washington, D.C. 20036 New York Life Insurance Company
51 Madison Avenue
New York, New York 10010
E. Title of securities being registered:
Units of interests in the Separate Account under flexible premium
Variable Universal Life 2000 Insurance Policies.
F. Proposed maximum aggregate offering price to the public of the
securities being registered:
Pursuant to Rule 24f-2 under the Investment Company Act of 1940,
Registrant is registering an indefinite amount of the securities being
offered pursuant to this Registration Statement, and will file its
Notice pursuant to Rule 24f-2 for its fiscal year ending December 31,
1999 on or before March 1, 2000.
G. Amount of filing fee: None.
H. Approximate date of proposed public offering: As soon as practicable
after the effective date of the Registration Statement. Registrant
hereby amends this Registration Statement on such date or dates as may
be necessary to delay its effective date until the Registrant shall
file a further amendment which specifically states that this
Registration Statement shall thereafter become effective in accordance
with Section 8(a) of the Securities Act of 1933 or until the
Registration Statement shall become effective on such date as the
Securities and Exchange Commission, acting pursuant to Section 8(a),
may determine.
<PAGE> 2
CROSS REFERENCE SHEET
INFORMATION REQUIRED IN A PROSPECTUS
<TABLE>
<CAPTION>
Item of Form N-8B-2 Prospectus Caption
- ------------------- ------------------
<S> <C>
1 Definitions; The Separate Account
2 About NYLIAC
3 Not Applicable
4 Sales and Other Agreements
5 The Separate Account
6 The Separate Account
9 Legal Proceedings
10 Summary of Policy Features;
General Description; Life
Insurance Protection; Cash
Value and Cash Surrender
Value; Loans; Partial
Withdrawals; Surrenders;
Additional Benefits through
Riders and Options;
Premiums; Investments;
Deductions and Charges;
Policy Proceeds;
Additional Policy Provisions;
Free Look; Exchange Privilege;
Additional Provisions Regarding
the Separate Account; About
NYLIAC; Sales and Other Agreements
11 Cash Value and Cash Surrender Value;
The Separate Account
12 Funds; Portfolios; About NYLIAC;
Sales and Other Agreements
13 Summary of Policy Features; General
Description; Loans; Partial
Withdrawals; Surrenders; Premiums;
Investments; Deductions and Charges;
Sales and Other Agreements
14 Summary of Policy Features; General
Description; Premiums; Investments;
Sales and Other Agreements
15 Summary of Policy Features; General
Description; Cash Value and Cash
Surrender Value; Premiums; Investments
16 Summary of Policy Features; General
Description; Cash Value and Cash
Surrender Value; Premiums; Investments
</TABLE>
<PAGE> 3
<TABLE>
<CAPTION>
Item of Form N-8B-2 Prospectus Caption
- ------------------- ------------------
<S> <C>
17 Summary of Policy Features;
General Description; Cash
Value and Cash Surrender Value;
Loans; Partial Withdrawals;
Surrenders
18 Summary of Policy Features;
General Description; Cash Value
and Cash Surrender Value; Loans;
Partial Withdrawals; Surrenders;
Premiums; Investments
19 Records and Reports
20 Not Applicable
21 Loans
22 Not Applicable
23 Not Applicable
24 Additional Policy Provisions Regarding
the Separate Account
25 About NYLIAC
26 Deductions and Charges; Loans;
Partial Withdrawals; Surrenders;
Reinstatement Option; Additional
Policy Provisions
27 About NYLIAC
28 Directors and Principal Officers of NYLIAC
29 About NYLIAC
30 Not Applicable
31 Not Applicable
32 Not Applicable
33 Not Applicable
34 Not Applicable
35 Not Applicable
37 Not Applicable
38 Sales and Other Agreements
39 Sales and Other Agreements
40 Sales and Other Agreements
41 Sales and Other Agreements
42 Not Applicable
</TABLE>
<PAGE> 4
<TABLE>
<CAPTION>
Item of Form N-8B-2 Prospectus Caption
- ------------------- ------------------
<S> <C>
43 Not Applicable
44 Cash Value and
Cash Surrender Value
45 Not Applicable
46 Cash Value and Cash Surrender
Value; Loans; Partial
Withdrawals; Surrenders;
Deductions and Charges;
Investments
47 Cash Value and Cash Surrender
Value; Loans; Partial
Withdrawals; Surrenders;
Deductions and Charges;
Investments
48 Not Applicable
49 Not Applicable
50 Investments; Additional
Provisions Regarding the
Separate Account
51 Cover Page; Summary of Policy
Features; Life Insurance
Protection; Additional Benefits
through Riders and Options;
Surrenders; Premiums; Policy
Proceeds; Additional Policy
Provisions
52 Investments; Additional Provisions
Regarding the Separate Account
53 Federal Income Tax Considerations
54 Not Applicable
55 Not Applicable
59 Financial Statements
</TABLE>
<PAGE> 5
VARIABLE UNIVERSAL LIFE 2000 INSURANCE POLICIES
PROSPECTUS DATED , 1999
VARIABLE PRODUCTS SERVICE CENTER ADDRESS:
Variable Products Service Center
51 Madison Avenue
Room 452
New York, New York 10010
This prospectus describes a flexible premium variable universal life
insurance policy which New York Life Insurance and Annuity Corporation
("NYLIAC") issues.
POLICY FEATURES
LIFE INSURANCE PROTECTION--This policy offers lifetime insurance protection,
with a life insurance benefit payable when the insured dies while the policy is
in effect.
CHOICE OF LIFE INSURANCE BENEFIT OPTIONS--You may choose either a level life
insurance benefit equal to the face amount of your policy or a life insurance
benefit which varies and is equal to the sum of your policy's face amount and
cash value. If you choose a benefit which varies, the life insurance benefit
will increase or decrease depending on the performance of the investment options
you select. Your policy's life insurance benefit will never be less than the
face amount of your policy. Under both options, a higher life insurance benefit
may apply if necessary for the policy to qualify as life insurance under the
Internal Revenue Code. The policy proceeds we pay will be the sum of the life
insurance benefit plus any rider death benefits less any loans (including any
accrued loan interest).
FLEXIBLE PREMIUM PAYMENTS--You may decide the amount of premiums to pay and when
to pay them, within limits. Although premium payments are flexible, we may
require additional premium payments to keep the policy in effect. The policy may
terminate if its cash surrender value is insufficient to pay the policy's
monthly charges. The cash surrender value of your policy will fluctuate
depending on the performance of the investment options you have chosen.
LOANS, WITHDRAWALS AND SURRENDERS--You may borrow against or withdraw money from
your policy, within limits. Loans and withdrawals will reduce the policy's
proceeds and cash surrender value. You can also surrender your policy at any
time. The cash surrender value of your policy may increase or decrease depending
on the performance of the investment options you select. We do not guarantee the
cash surrender value for your policy. If you surrender your policy or take a
partial withdrawal during the first fifteen policy years or within fifteen years
after you increase the face amount, we may apply a surrender charge.
FACE AMOUNT INCREASES AND DECREASES--You may increase or decrease the face
amount of your policy, within limits. We will apply a new schedule of surrender
charges to any increase in your policy's face amount. We may also deduct a
surrender charge for any reduction in the face amount.
INVESTMENT OPTIONS--Your policy allows you to choose how you want to invest your
premium payments. You have the option to choose from twenty-two investment
divisions and a fixed account. However, you can have money in twenty-one
investment options, including the fixed account, at any given time. The
investment divisions available under your policy are:
<TABLE>
<S> <C>
- -- MainStay VP Capital Appreciation
- -- MainStay VP Cash Management
- -- MainStay VP Convertible
- -- MainStay VP Government
- -- MainStay VP High Yield Corporate Bond
- -- MainStay VP International Equity
- -- MainStay VP Total Return
- -- MainStay VP Value
- -- MainStay VP Bond
- -- MainStay VP Growth Equity
- -- MainStay VP Indexed Equity
- -- American Century Income & Growth*
- -- Dreyfus Large Company Value*
- -- Eagle Asset Management Growth Equity*
- -- Alger American Small Capitalization
- -- Calvert Social Balanced
- -- Fidelity VIP II Contrafund
- -- Fidelity VIP Equity-Income
- -- Janus Aspen Series Balanced
- -- Janus Aspen Series Worldwide Growth
- -- Morgan Stanley Dean Witter Emerging Markets
Equity
- -- T. Rowe Price Equity Income
</TABLE>
* These Investment Divisions invest in portfolios of the MainStay VP Series
Fund, Inc.
We do not guarantee the investment performance of the investment divisions,
which involve varying degrees of risk.
FREE LOOK PERIOD--You may examine the policy for a limited period and cancel it
for a refund of the greater of the cash value of your policy or the total
premium payments you have paid less any loans or withdrawals you have taken.
REPLACING EXISTING INSURANCE WITH THIS POLICY MAY NOT BE TO YOUR ADVANTAGE.
IMPORTANT NOTICES
THIS PROSPECTUS PROVIDES INFORMATION THAT A PROSPECTIVE INVESTOR SHOULD KNOW
BEFORE INVESTING. PLEASE READ IT CAREFULLY AND RETAIN IT FOR FUTURE REFERENCE.
THIS PROSPECTUS IS NOT VALID UNLESS ATTACHED TO CURRENT PROSPECTUSES FOR THE
MAINSTAY VP SERIES FUND, INC., THE ALGER AMERICAN FUND, THE CALVERT VARIABLE
SERIES, THE FIDELITY VARIABLE INSURANCE PRODUCTS FUND II, THE FIDELITY
VARIABLE INSURANCE PRODUCTS FUND, THE JANUS ASPEN SERIES, THE MORGAN STANLEY
DEAN WITTER UNIVERSAL FUNDS, INC. AND THE T. ROWE PRICE EQUITY SERIES, INC.
(THE "FUNDS", EACH INDIVIDUALLY A "FUND").
THE SECURITIES AND EXCHANGE COMMISSION HAS NOT APPROVED OR DISAPPROVED THESE
SECURITIES, OR PASSED UPON THE ADEQUACY OR ACCURACY OF THIS PROSPECTUS. ANY
REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.
<PAGE> 6
TABLE OF CONTENTS
<TABLE>
<CAPTION>
PAGE
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<S> <C>
SUMMARY OF POLICY FEATURES............. 4
DEFINITIONS............................ 9
GENERAL DESCRIPTION.................... 11
When Life Insurance Coverage
Begins............................ 11
How the Policy Is Available.......... 11
How the Policy Works................. 11
LIFE INSURANCE PROTECTION.............. 13
Your Policy Proceeds................. 13
Your Life Insurance Benefit....... 13
Changing Your Life Insurance
Benefit Option.................. 14
Changing the Face Amount of Your
Policy.......................... 16
CASH VALUE AND CASH SURRENDER VALUE.... 17
Cash Value........................... 17
Amount in the Separate Account.... 17
Amount in the Fixed Account....... 18
Investment Return................. 18
Cash Surrender Value................. 18
LOANS.................................. 19
Your Policy as Collateral for the
Loan.............................. 19
Loan Interest........................ 19
Interest on the Cash Value Held as
Collateral........................ 19
When Loan Interest Is Due............ 20
Loan Repayment....................... 20
The Effects of a Policy Loan......... 20
PARTIAL WITHDRAWALS.................... 21
Amount Available to Withdraw......... 21
Requesting a Partial Withdrawal...... 21
When Is the Partial Withdrawal
Effective......................... 21
Partial Withdrawal Fee and Surrender
Charge............................ 21
Allocation of Partial Withdrawal and
Fee............................... 21
The Effects of a Partial
Withdrawal........................ 22
SURRENDERS............................. 22
Requesting a Surrender............... 22
When Is the Surrender Effective...... 22
Surrender Charges.................... 22
ADDITIONAL BENEFITS THROUGH RIDERS AND
OPTIONS.............................. 22
How the Riders Are Available......... 23
Accidental Death Benefit............. 23
Monthly Deduction Waiver............. 23
Supplementary Term Rider............. 24
</TABLE>
<TABLE>
<CAPTION>
PAGE
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<S> <C>
Guaranteed Minimum Death Benefit
Rider............................. 25
Term Insurance on Other Covered
Insured Rider..................... 26
Children's Insurance Rider........... 26
Guaranteed Insurability Rider........ 27
Living Benefits Rider................ 28
Insurance Exchange Rider............. 28
Spouse's Paid-Up Insurance Purchase
Option Rider...................... 29
PREMIUMS............................... 29
Premium Allocation................... 31
Termination.......................... 31
Late Period.......................... 32
No-Lapse Guarantee................... 32
Reinstatement Option................. 32
Maturity Date........................ 33
INVESTMENTS............................ 34
The Separate Account................. 34
Funds............................. 35
Portfolios........................ 37
Additions, Deletions or
Substitutions of Investments.... 41
Reinvestment...................... 41
The Fixed Account.................... 41
Interest Credited on Amounts in
the Fixed Account............... 41
Assets in the Fixed Account....... 42
Transfers Between Investment
Divisions and/or the Fixed
Account........................... 42
Requesting a Transfer............. 43
Dollar Cost Averaging................ 43
Automatic Asset Reallocation......... 44
Interest Sweep....................... 45
DEDUCTIONS AND CHARGES................. 46
Deductions from Premiums............. 47
Sales Expense Charge.............. 47
State Tax Charge.................. 47
Federal Tax Charge................ 47
Deductions from Cash Value........... 48
Expense Allocation................ 48
Monthly Contract Charge........... 48
Charge for Cost of Insurance
Protection...................... 48
Separate Account Administrative
Charge.......................... 49
Rider Charges..................... 50
Separate Account Charges............. 50
Mortality and Expense Risk
Charge.......................... 51
</TABLE>
2
<PAGE> 7
<TABLE>
<CAPTION>
PAGE
----
<S> <C>
Other Charges for Federal Income
Taxes........................... 51
Fund Charges......................... 51
Surrender Charges.................... 53
Charges in Policy Years 1-15...... 53
Additional Contract Charge on a
Surrender or Lapse in the First
Policy Year..................... 53
Surrender Charges after Face
Amount Increases................ 54
Surrender Charges on Face Amount
Decreases....................... 54
Exceptions to Surrender Charge.... 55
POLICY PROCEEDS........................ 55
Beneficiary.......................... 55
When We Pay Proceeds................. 55
Payment Options...................... 56
Payees............................... 57
ADDITIONAL POLICY PROVISIONS........... 57
Limits on Our Rights to Challenge
Your Policy....................... 57
Suicide.............................. 57
Misstatement of Age or Sex........... 58
Assignment........................... 58
</TABLE>
<TABLE>
<CAPTION>
PAGE
----
<S> <C>
FREE LOOK.............................. 58
EXCHANGE PRIVILEGE..................... 58
ADDITIONAL PROVISIONS REGARDING THE
SEPARATE ACCOUNT..................... 59
Your Voting Rights................... 59
Our Rights........................... 60
FEDERAL INCOME TAX CONSIDERATIONS...... 60
ABOUT NYLIAC........................... 66
Year 2000 Readiness.................. 67
Directors and Principal Officers of
NYLIAC............................ 67
RECORDS AND REPORTS.................... 69
SALES AND OTHER AGREEMENTS............. 70
LEGAL PROCEEDINGS...................... 70
INDEPENDENT ACCOUNTANTS................ 71
EXPERTS................................ 71
FINANCIAL STATEMENTS................... 71
FINANCIAL STATEMENTS................... F-1
APPENDIX A: Illustrations.............. A-1
APPENDIX B: Variations by
Jurisdiction......................... B-1
</TABLE>
IMPORTANT NOTICE
THIS PROSPECTUS IS NOT CONSIDERED AN OFFERING IN ANY JURISDICTION IN WHICH
SUCH AN OFFERING MAY NOT LAWFULLY BE MADE. WE DO NOT AUTHORIZE ANY
INFORMATION OR REPRESENTATIONS REGARDING THE OFFERING DESCRIBED IN THIS
PROSPECTUS OTHER THAN AS CONTAINED IN THIS PROSPECTUS OR ANY ATTACHED
SUPPLEMENT TO THIS PROSPECTUS OR IN ANY SUPPLEMENTAL SALES MATERIAL WE
AUTHORIZE.
3
<PAGE> 8
SUMMARY OF POLICY FEATURES
THE TERMS OF YOUR POLICY AND RIDERS QUALIFY THE FOLLOWING SUMMARY. MORE
DETAILED INFORMATION IS CONTAINED LATER IN THIS PROSPECTUS, INCLUDING THE
APPENDIX OF VARIATIONS BY JURISDICTION CONTAINED IN APPENDIX B.
POLICY PROCEEDS -- When the insured dies, we will pay the beneficiary of your
policy an amount equal to your policy's Life Insurance Benefit plus any rider
death benefits less any outstanding loans (including any accrued loan interest).
- -- LIFE INSURANCE BENEFITS
- Option 1--a level benefit equal to your policy's face amount.
- Option 2--a benefit which varies and equals the sum of your policy's face
amount and cash value.
- Under both options, a higher Life Insurance Benefit may apply if necessary
to qualify as life insurance under the Internal Revenue Code.
- Within limits, you may increase or decrease the face amount of your policy.
The minimum face amount for your policy is $50,000.
RIDER BENEFITS -- You may apply for the following additional rider benefits:
<TABLE>
<S> <C>
- -- Accidental Death Benefit Rider -- Term Insurance on Other Covered Insured
- -- Monthly Deduction Waiver Rider Rider
- -- Supplementary Term Rider -- Children's Insurance Rider
- -- Guaranteed Minimum Death Benefit Rider -- Guaranteed Insurability Rider
-- Living Benefits Rider (also known as
Accelerated Benefits Rider)
</TABLE>
The following additional rider benefits are automatically included in your
policy (subject to availability in each jurisdiction):
<TABLE>
<S> <C>
- -- Insurance Exchange Rider -- Spouse's Paid-up Insurance Purchase
Option Rider
</TABLE>
Riders are subject to regulatory approval in each jurisdiction and may not
be available in all jurisdictions. In addition, the rider name and the
requirements for any rider may vary by jurisdiction. You should contact your
registered representative to determine whether the rider(s) is (are) available
in your jurisdiction.
LOANS -- You can borrow up to 90% of your policy's cash surrender value. Any
amount that secures a loan remains part of your policy's cash value but is
transferred to the Fixed Account. Amounts securing any unpaid loan may earn a
different interest rate than other amounts in the Fixed Account. For the first
ten Policy Years, the interest rate we currently expect to credit on the loaned
amounts is 1% lower than the rate we charge for loan interest. Beginning in the
eleventh Policy Year, the interest we currently expect to credit on the loaned
amounts is 0.5% lower than the interest rate we charge for loan interest. We
guarantee the interest rate we credit on the loaned amounts will never be less
than 2% lower than the interest rate we charge for loan interest.
PARTIAL WITHDRAWALS -- You may request a partial withdrawal from your policy's
cash surrender value at any time, within limits. When you make a partial
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<PAGE> 9
withdrawal, we will deduct a fee for processing the withdrawal. We may apply a
surrender charge as a result of a partial withdrawal.
SURRENDERS -- You may surrender your policy for its cash surrender value at any
time while the insured is living. If you surrender your policy during the first
fifteen Policy Years or within fifteen years after you increase the face amount
of your policy, we will apply a surrender charge.
PREMIUMS -- You can make premium payments as often as you like and for any
amount you choose, within limits. Other than the initial premium, there are no
required premium payments. However, under certain conditions, you may be
required to make additional premium payments to keep your policy from
terminating.
DEDUCTIONS AND CHARGES --
DEDUCTIONS FROM PREMIUMS
- -- SALES EXPENSE CHARGE
- Surrender Charge Premium--We assess a sales expense charge based on your
policy's Surrender Charge Premium. Your initial Surrender Charge Premium is
set at the time your policy is issued. You can find this initial Surrender
Charge Premium on the Policy Data Page of your policy. We will change your
Surrender Charge Premium if you change the face amount of your policy.
- Current--We currently deduct a sales expense charge of 2.75% of any premiums
paid up to the Surrender Charge Premium. Once premiums equal to the
Surrender Charge Premium for that Policy Year have been paid, we currently
deduct a sales expense charge of 1.25% from any additional premiums paid in
that Policy Year.
- Guaranteed--We guarantee that any sales expense charge we deduct will never
exceed 4.75% of any premiums paid.
- -- STATE TAX CHARGE
We deduct 2% of each premium payment you make as a state tax charge. We may
increase this charge to reflect changes in the law.
- -- FEDERAL TAX CHARGE
For Non-Qualified Policies, we deduct 1.25% of each premium payment you make
as a federal tax charge. We may increase this charge to reflect changes in
the law.
DEDUCTIONS FROM CASH VALUE
- -- MONTHLY CONTRACT CHARGE
- Current--We currently deduct a monthly contract charge of $29 per month
during the first Policy Year, and we currently expect to deduct $9 per month
in later Policy Years.
- Guaranteed--We guarantee that we will never deduct a monthly contract charge
that exceeds $31 per month during the first Policy Year and $11 per month in
later Policy Years.
5
<PAGE> 10
- -- CHARGE FOR COST OF INSURANCE PROTECTION
We deduct a charge for cost of insurance protection each month. This charge
is equal to the net amount at risk multiplied by a monthly cost of insurance
rate plus any applicable flat extra charge. We determine the monthly cost of
insurance rate based on the insured's issue age, sex, and underwriting class
and the Policy Year. The monthly cost of insurance rate also depends on the
face amount of the policy plus the amount of any term insurance in effect on
the Primary Insured under the Term Insurance on Other Covered Insured Rider
or the Supplementary Term Rider. The cost of insurance rates will never
exceed the guaranteed maximum cost of insurance rates for your policy.
- -- SEPARATE ACCOUNT ADMINISTRATIVE CHARGE
We deduct an administrative charge each month equal to a percentage of the
amount of cash value you have allocated to the Separate Account as of each
Monthly Deduction Day. This percentage will never exceed, on an annual basis,
0.20% of the cash value in the Separate Account. We currently do not expect
to deduct this charge if the cash value in the Separate Account is at least
$50,000. (See page 47 for further details on this charge.)
- -- RIDER CHARGES
Each month, we will deduct any cost of insurance charges for any optional
riders you have chosen.
SEPARATE ACCOUNT CHARGES
- -- MORTALITY AND EXPENSE RISK CHARGE
- Current--We currently deduct on a daily basis, a mortality and expense risk
charge that is equal to an annual rate of 0.50% of the average daily net
asset value of each Investment Division.
- Guaranteed--We guarantee that the mortality and expense risk charge will
never exceed an annual rate of 0.80% of the average daily net asset value of
each Investment Division.
- -- OTHER CHARGES FOR FEDERAL INCOME TAXES
We do not currently deduct a charge for federal income taxes from the
Investment Divisions, though we may do so in the future, to reflect changes
in the law.
FUND CHARGES-- Each Investment Division of the Separate Account purchases shares
of the corresponding Eligible Portfolio at net asset value. The net asset value
reflects the investment advisory fees and other expenses that are deducted from
the assets of the Portfolio. The advisory fees and other expenses are not fixed
or specified under the terms of the policy, and they may vary from year to year.
These fees and expenses are described in the Funds' prospectuses. (See page 52
for a list of these charges.)
SURRENDER CHARGES-- If you surrender your policy or if you decrease the face
amount of your policy (including a decrease in the face amount that results from
changing the Life Insurance Benefit Option or from a partial withdrawal) during
the first fifteen Policy Years or within fifteen years after you increase the
face amount, we may apply a surrender charge. (See page 53 for an explanation of
these charges.)
6
<PAGE> 11
INVESTMENTS -- The balance of your premium payment after we deduct the premium
charges is called your net premium. We allocate your net premium among the
twenty-two Investment Divisions available under the policy and the Fixed
Account, based on your instructions. The twenty-two Investment Divisions
available under your policy are:
<TABLE>
<S> <C>
- -- MainStay VP Capital Appreciation -- American Century Income & Growth
- -- MainStay VP Cash Management -- Dreyfus Large Company Value
- -- MainStay VP Convertible -- Eagle Asset Management Growth Equity
- -- MainStay VP Government -- Alger American Small Capitalization
- -- MainStay VP High Yield Corporate -- Calvert Social Balanced
Bond -- Fidelity VIP II Contrafund
- -- MainStay VP International Equity -- Fidelity VIP Equity-Income
- -- MainStay VP Total Return -- Janus Aspen Series Balanced
- -- MainStay VP Value -- Janus Aspen Series Worldwide Growth
- -- MainStay VP Bond -- Morgan Stanley Dean Witter Emerging Markets
- -- MainStay VP Growth Equity Equity
- -- MainStay VP Indexed Equity -- T. Rowe Price Equity Income
</TABLE>
You may adjust your allocation to various Investment Divisions and/or the
Fixed Account by changing your premium allocation percentages or making
transfers among these options, within limits.
ADDITIONAL INFORMATION
FREE LOOK PERIOD
- -- You have the right to examine your policy. If you are not satisfied with it,
you may cancel it within twenty days.
- -- If you cancel the policy, we will refund the greater of the cash value of
your policy or the total premiums you have paid, less any loans or partial
withdrawals you have taken.
INCOME TAX EFFECT
- -- Generally, life insurance benefits are not currently subject to federal
income tax. The earnings on the amount you invest in the Investment Divisions
and the Fixed Account are also generally not subject to income tax as long as
they remain invested in the policy. If you take a partial withdrawal,
surrender or terminate your policy, or if your policy matures, you may incur
taxable income. You may also incur taxable income if your policy becomes a
modified endowment contract and you take a policy loan.
IMPORTANT NOTICE
THE POLICY IS A LEGAL CONTRACT BETWEEN YOU AND NYLIAC. THE CONTRACT
CONSISTS OF THE APPLICATION FOR THE POLICY, THE POLICY, AND ANY RIDERS AND
ENDORSEMENTS ATTACHED TO IT.
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<PAGE> 12
VARIATIONS
VARIABLE UNIVERSAL LIFE 2000 IS SUBJECT TO THE INSURANCE LAWS AND
REGULATIONS OF EACH JURISDICTION IN WHICH IT IS SOLD. AS A RESULT, CERTAIN TERMS
OF OUR VARIABLE UNIVERSAL LIFE 2000 POLICIES MAY VARY FROM JURISDICTION TO
JURISDICTION. APPENDIX B LISTS THE SIGNIFICANT VARIATIONS THAT APPLY TO VARIABLE
UNIVERSAL LIFE 2000. YOU SHOULD REVIEW THIS LIST TO DETERMINE WHETHER ANY OF
THESE VARIATIONS APPLY TO YOUR POLICY.
8
<PAGE> 13
DEFINITIONS
ELIGIBLE PORTFOLIOS ("PORTFOLIOS"): The mutual fund Portfolios of the Funds
that are available for investment through the Investment Divisions of the
Separate Account.
FIXED ACCOUNT: The Fixed Account is supported by assets in NYLIAC's general
account. The amount in the Fixed Account earns interest on a daily basis.
Interest is credited on each Monthly Deduction Day.
GENERAL ACCOUNT: An account representing all of NYLIAC's assets, liabilities,
capital and surplus, income, gains or losses that are not included in the
Separate Account or any other separate account. We allocate any net premium
payments you make during the free look period to this account.
INVESTMENT DIVISION: A division of the Separate Account. Each Investment
Division invests exclusively in shares of a specified Eligible Portfolio.
ISSUE DATE: The date we issue the policy as specified on the Policy Data Page.
LIFE INSURANCE BENEFIT: The benefit calculated under the Life Insurance Benefit
Option you have chosen.
MONTHLY DEDUCTION DAY: The date as of which we deduct your monthly contract
charge; cost of insurance charge, Separate Account administrative charge, if
any, and any rider charges from your policy's cash value. The first Monthly
Deduction Day will be the monthly anniversary of the Policy Date on or following
the Issue Date. However, if we have not received your initial premium payment as
of the Issue Date, the first Monthly Deduction Day will be the monthly
anniversary of the Policy Date on or following the date we receive the initial
premium payment.
NON-QUALIFIED POLICY: A policy that is issued to persons or entities other than
employee benefit plans that qualify for special federal income tax treatment.
POLICY DATA PAGE: Page 2 of your policy. The Policy Data Page contains your
policy's specifications.
POLICY DATE: It is the date we use as the starting point for determining Policy
Years and Monthly Deduction Days. Your Policy Date will be the same as your
Issue Date, unless you request otherwise. Generally, you may not choose a Policy
Date that is more than six months before your policy's Issue Date. You can find
your Policy Date on the Policy Data Page.
POLICY PROCEEDS: The benefit we will pay to your beneficiary when we receive
proof that the insured died while the policy is in effect. It is equal to the
Life Insurance Benefit plus any additional death benefits under any riders you
have chosen minus any outstanding loans (including any accrued loan interest).
POLICY YEAR: The twelve-month period starting on your Policy Date, and each
twelve-month period thereafter.
PRIMARY INSURED: The person who is covered under the base policy.
QUALIFIED POLICY: A policy owned by an employee benefit plan that qualifies for
special federal income tax treatment.
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<PAGE> 14
SEPARATE ACCOUNT: NYLIAC Variable Universal Life Separate Account-I, a
segregated asset account NYLIAC established to receive and invest net premiums
which are allocated to the Eligible Portfolios.
SURRENDER CHARGE PREMIUM: The amount we use to calculate the sales expense and
surrender charges, as set forth on the Policy Data Page.
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<PAGE> 15
GENERAL DESCRIPTION
The policy provides life insurance protection on a named insured, and pays
Policy Proceeds when that insured dies while the policy is in effect. The policy
offers:
-- flexible premium payments, where you select the timing and amount of the
premium;
-- a choice of two Life Insurance Benefit Options;
-- loan and partial withdrawal privileges;
-- the ability to increase or decrease the policy's face amount of
insurance;
-- a guarantee that the policy will not lapse during the first three Policy
Years if the specified minimum premiums have been paid;
-- additional benefits through the use of optional riders; and
-- a selection of premium and expense allocation alternatives, including
twenty-two variable Investment Divisions and a Fixed Account with a
guaranteed minimum interest rate.
WHEN LIFE INSURANCE COVERAGE BEGINS
If you have coverage under a conditional temporary coverage agreement and
if the policy is issued, the policy will replace the temporary coverage. Your
coverage under the policy will be deemed to have commenced on the Policy Date.
In all other cases, if the policy is issued, coverage under the policy will
take effect when we receive the premium payment that you are required to make
when the policy is delivered to you.
HOW THE POLICY IS AVAILABLE
Variable Universal Life 2000 is available to our policyowners as either a
Non-Qualified or Qualified Policy. We issue Qualified Policies on a unisex
basis. Any reference in this prospectus which makes a distinction based on the
sex of the insured should be disregarded as it relates to such policies.
HOW THE POLICY WORKS
We will pay your beneficiary the Policy Proceeds if your policy is still in
effect when the insured dies. Your policy will stay in effect so long as the
cash surrender value of your policy is sufficient to pay your policy's monthly
charges. The following example demonstrates how we determine the cash surrender
value of your policy.
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<PAGE> 16
EXAMPLE
This example is based on the illustration shown in Appendix A. It assumes
current charges and a 6% hypothetical gross annual investment return, which
results in a % net annual investment return. It also assumes the policy is in
its first Policy Year.
<TABLE>
<S> <C> <C>
PREMIUM(1) $ You choose the amount of premium you intend to
Less sales expense charge(2) pay and the frequency with which you intend to
Less state tax charge (2%) make these payments. We call this your planned
Less Federal tax charge (1.25%) premium. Any additional premium payments you
(if applicable) make are called unplanned premiums.
- ------------------------------------------
NET PREMIUM $ We allocate your net premium to the Investment
Plus net investment performance (earned Divisions and/or the Fixed Account based on your
from the Investment Divisions instructions.
and/or the Fixed Account) (varies
daily)
Less total annual monthly contract
charge(3)
Less total annual monthly cost of
insurance charge (varies monthly)
Less total annual Separate Account
administrative charge (based on
amount of cash value allocated to
the Separate Account)(4)
Less total annual monthly cost of
riders(5) 0.00
- ------------------------------------------
CASH VALUE $ Cash value may be used to determine the amount
Less surrender charge(6) of your Life Insurance Benefit as well as the
(if applicable) cash surrender value of your policy.
We may assess a surrender charge when you make a
face amount decrease, partial withdrawal or full
surrender in the first fifteen Policy Years or
within fifteen years after you increase the face
amount.
- ------------------------------------------
CASH SURRENDER VALUE $ The amount of loans, withdrawals and surrenders
you can make is based on your policy's cash
surrender value. Your policy will terminate if
your cash surrender value is insufficient to pay
your policy's monthly charges.
</TABLE>
- ------------
(1) This example assumes you pay an annual planned premium of $ at the
beginning of the Policy Year and that you do not make any unplanned premium
payments.
(2) For details about how we calculate the sales expense charge for your policy,
you should refer to page 47.
(3) We currently deduct a monthly contract charge of $29 per month from a policy
in its first Policy Year. For a policy in a later Policy Year, we currently
expect to deduct a monthly contract charge of $9 per month.
(4) For details about how we calculate the Separate Account administrative
charge for your policy, you should refer to page 49.
(5) This example assumes you have not chosen any riders.
(6) If you surrender your policy in the first Policy Year, we will include an
additional contract charge in the surrender charge we deduct from your
policy. For details, you should refer to page 53.
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<PAGE> 17
LIFE INSURANCE PROTECTION
YOUR POLICY PROCEEDS
We will pay proceeds to your beneficiary when we receive satisfactory proof
that the insured died. These proceeds will equal:
<TABLE>
<S> <C> <C>
1) the Life Insurance Benefit calculated under the Life
Insurance Benefit Option you have chosen;
plus 2) any additional death benefits under the riders you have
chosen;
less 3) any outstanding loans (including any accrued loan interest)
on the policy.
</TABLE>
We will pay interest on these proceeds from the date the insured died until
the date we pay the proceeds or the date when the payment option you have chosen
becomes effective.
YOUR LIFE INSURANCE BENEFIT
Under your policy, the Life Insurance Benefit depends on the Life Insurance
Benefit Option you choose. Your policy offers two options:
OPTION 1-- The Life Insurance Benefit under this option is equal to the
policy's face amount. Except as described below, your Life
Insurance Benefit under this option will be a level amount.
OPTION 2-- The Life Insurance Benefit under this option is equal to the
policy's face amount plus the policy's cash value. The Life
Insurance Benefit under this option will vary with the policy's
cash value. Your Life Insurance Benefit will never be less than
your policy's face amount.
Under both options, your Life Insurance Benefit may be greater if the
minimum percentage of the policy's cash value necessary for the policy to
qualify as life insurance under Section 7702 of the Internal Revenue Code is
greater than the amount calculated under the option you have chosen. In general,
this higher Life Insurance Benefit will be the cash value of your policy
multiplied by the minimum percentage required by Section 7702 of the Internal
Revenue Code. (You can find this percentage on the Policy Data Page).
Under Section 7702 of the Internal Revenue Code, a policy will generally be
treated as life insurance for federal tax purposes if at all times it meets
either (1) a "guideline premium" test or (2) a "cash value accumulation" test.
In general, the cash value accumulation test will allow you to make higher
premium payments during the policy's early years. The guideline premium test
will allow you to maintain a higher cash value in relation to the Life Insurance
Benefit. You must choose either the guideline premium test or the cash value
accumulation test before the policy is issued. Once the policy is issued, you
may not change to a different test.
Assuming your Life Insurance Benefit does not increase as described above,
and assuming the same face amount and premium payments under both options:
- If you choose Option 1, your Life Insurance Benefit will not vary in
amount and you will generally have lower total policy cost of
insurance charges and lower Policy Proceeds.
- If you choose Option 2, your Life Insurance Benefit will vary with
your policy's cash value and you will generally have higher total
policy cost of insurance charges and higher Policy Proceeds.
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<PAGE> 18
EXAMPLES
(Effect of IRC Section 7702 on Life Insurance Benefit)
<TABLE>
<CAPTION>
LIFE INSURANCE BENEFIT OPTION 1 LIFE INSURANCE BENEFIT OPTION 2
<S> <C>
EXAMPLE 1: EXAMPLE 1:
Life Insurance Benefit = Face Amount Life Insurance Benefit = Face Amount + Cash Value
Face Amount: $100,000 Face Amount: $100,000
Cash Value: $ 25,000 Cash Value: $ 20,000
IRC Section 7702 IRC Section 7702
Percentage 379% Percentage 379%
(under cash value (under cash value
accumulation test) accumulation test)
Greater of: Greater of:
Face Amount: $100,000 Face Amount + Cash Value: $120,000
% of Cash Value: % of Cash Value:
($25,000 X 379%) $ 94,750 ($20,000 X 379%) $ 75,800
----------------------- -----------------------
-------- --------
Life Insurance Benefit: $100,000 Life Insurance Benefit: $120,000
EXAMPLE 2: EXAMPLE 2:
Life Insurance Benefit = % of Cash Value Life Insurance Benefit = % of Cash Value
Face Amount: $100,000 Face Amount: $100,000
Cash Value: $ 50,000 Cash Value: $ 40,000
IRC Section 7702 IRC Section 7702
Percentage 379% Percentage 379%
(under cash value (under cash value
accumulation test) accumulation test)
Greater of: Greater of:
Face Amount: $100,000 Face Amount + Cash Value: $140,000
% of Cash Value: % of Cash Value:
($50,000 X 379%) $189,500 ($40,000 X 379%) $151,600
----------------------- -----------------------
-------- --------
Life Insurance Benefit: $189,500 Life Insurance Benefit: $151,600
</TABLE>
CHANGING YOUR LIFE INSURANCE BENEFIT OPTION
You can change the Life Insurance Benefit Option for your policy while the
insured is alive. However, we may prohibit you from changing the Life Insurance
Benefit Option if the change would (i) cause the face amount of the policy to be
less than $50,000, (ii) cause
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<PAGE> 19
the policy to fail to qualify as life insurance under Section 7702 of the
Internal Revenue Code, or (iii) cause the policy's face amount to exceed our
limits on the risk we retain, which we set at our discretion. Additionally, if
you elect to have the Supplementary Term Rider included in your policy, you must
select Option 1 and you can never change your Life Insurance Benefit Option to
Option 2, even if the Supplementary Term Rider ends.
CHANGES FROM OPTION 1 TO OPTION 2
If you change from Option 1 to Option 2, we will decrease the face amount
of your policy by the amount of the cash value, so that your Life Insurance
Benefit immediately before and after the change remains the same. If a
surrender charge applies to face amount decreases at the time you change your
Life Insurance Benefit Option, we will assess a surrender charge based on the
amount of the face amount decrease.
CHANGES FROM OPTION 2 TO OPTION 1
If you change from Option 2 to Option 1, we will increase the face amount
of your policy by the amount of the cash value, so that your Life Insurance
Benefit immediately before and after the change remains the same. We will
continue to apply the existing surrender charge schedule to your policy, but
we will not apply a new surrender charge schedule to the increased face amount
resulting from the change in this option.
In order to change your Life Insurance Benefit Option, you must submit a
signed request to the Variable Products Service Center at the address shown on
the cover of this prospectus (or any other address we indicate to you in
writing). We will change your Life Insurance Benefit Option on the Monthly
Deduction Day on or after the date we receive your written request.
EXAMPLE
CHANGE FROM OPTION 1 TO OPTION 2
Cash Value $ 200,000
Face Amount
before option change $1,000,000
Face Amount
after option change $ 800,000
($1,000,000 - $200,000)
Life Insurance Benefit
immediately before and
after Option change $1,000,000
CHANGE FROM OPTION 2 TO OPTION 1
Cash Value $ 150,000
Face Amount
before option change $1,000,000
Face Amount
after option change $1,150,000
($1,000,000 + $150,000)
Life Insurance Benefit
immediately before and
after option change $1,150,000
15
<PAGE> 20
CHANGING THE FACE AMOUNT OF YOUR POLICY
The face amount of your policy affects the amount of the Life Insurance
Benefit of your policy.
INCREASING YOUR POLICY'S FACE AMOUNT
You may request an increase in the face amount of your policy if all of
the following conditions are met:
-- the insured is still living;
-- the insured is age 80 or younger;
-- the increase you are requesting is $5,000 or more;
-- the requested increase will not cause the policy's face amount to
exceed our maximum limit on the risk we retain, which we set at our
discretion; and
-- you submit a written application signed by the insured along with
satisfactory evidence of insurability.
We may limit any increase in the face amount of your policy.
If we approve your request for a face amount increase, we will increase
your policy's face amount on the Monthly Deduction Day on or after the day we
approve the increase.
An increase in the face amount of your policy may have the following
consequences which you should consider:
-- additional cost of insurance charges;
-- a new fifteen year surrender charge period applicable only to the
amount of the increase will begin;
-- a new suicide and contestability period applicable only to the amount
of the increase will begin;
-- a change in the life insurance percentage applied to the entire policy
under Section 7702 of the Internal Revenue Code; and
-- a new seven year testing period for modified endowment contract status
may begin.
DECREASING YOUR POLICY'S FACE AMOUNT
You may request a decrease in the face amount of your policy if both of
the following conditions are met:
-- the insured is still living; and
-- the decrease you are requesting will not reduce the policy's face
amount below $50,000.
We may limit any decrease in the face amount of your policy.
If we approve your request for a face amount decrease, we will decrease
your policy's face amount on the Monthly Deduction Day on or after the day we
receive your written request for a decrease.
A decrease in the face amount of your policy may have the following
consequences which you should consider:
-- lower total policy cost of insurance charges (however, because current
cost of insurance rates are based, in part, on the policy's face
amount, the total policy cost of insurance charges may increase as a
result of a decrease in the face amount);
-- a surrender charge may apply to the amount of the decreased face
amount based on a last increased, first canceled basis; and
-- possible adverse tax consequences.
16
<PAGE> 21
CASH VALUE AND CASH SURRENDER VALUE
CASH VALUE
The cash value of your policy is the sum of the amounts the policy has in
the Investment Divisions in the Separate Account and in the Fixed Account. These
amounts are allocated based on the instructions you give us. A number of factors
affect your policy's cash value including but not limited to:
-- the amount and frequency of the premiums you pay;
-- the investment experience of the Investment Divisions you choose;
-- the interest credited on the amount in the Fixed Account; and
-- the amount of any partial withdrawals you make (including any charges
you incur as a result of the withdrawal).
The cash value is not necessarily the amount you receive when you surrender
your policy. See CASH SURRENDER VALUE on page 18 and SURRENDERS on page 22 for
details about surrendering your policy.
AMOUNT IN THE SEPARATE ACCOUNT
We use amounts allocated to an Investment Division to purchase accumulation
units of an Investment Division. We redeem accumulation units from an Investment
Division when amounts are loaned, withdrawn, transferred, surrendered or
deducted for charges or loan interest. We calculate the number of accumulation
units purchased or redeemed in an Investment Division by dividing the dollar
amount of the transaction by the Investment Division's accumulation unit value.
On any given day, the amount you have in the Separate Account is the value of
the accumulation units you have in all of the Investment Divisions of the
Separate Account. The value of the accumulation units you have in a given
Investment Division equals the current accumulation unit value for the
Investment Division multiplied by the number of accumulation units held in that
Investment Division.
We determine accumulation unit values for the Investment Divisions as of
the end of each valuation day. A valuation day is any day on which we are open
for business and the New York Stock Exchange is open for trading.
The value of an accumulation unit on any valuation day equals the
accumulation unit on the preceding valuation day multiplied by the net
investment factor for the period from the time the New York Stock Exchange
closed on the immediately preceding valuation day to the time it closed on the
current valuation day.
The net investment factor for an Investment Division for this period equals
(a) divided by (b), less (c) [i.e., (a / b) - c]where:
(a) is the sum of:
(1) the net asset value of the Fund share held in the Separate
Account for that Investment Division determined at the end of
the period, plus
(2) the per share amount of any dividends or capital gain
distributions made by the Fund for shares held in the Separate
Account for that Investment Division if the ex-dividend date
occurs during the period,
17
<PAGE> 22
(b) is the net asset value of a Fund share held in the Separate Account
for that Investment Division determined as of the end of the
previous valuation day,
(c) is a factor representing the mortality and expense risk charge. This
factor is deducted on a daily basis and is currently equal to an
annual rate of .50% of the daily average net asset value of the
Investment Division.
The net investment factor may be greater or less than one. Therefore, the
value of an accumulation unit may increase or decrease.
AMOUNT IN THE FIXED ACCOUNT
The amount you have in the Fixed Account equals:
1) the sum of the net premiums you have allocated to the Fixed
Account;
plus 2) any transfers you have made from the Separate Account to the
Fixed Account;
plus 3) any interest credited to the Fixed Account;
less 4) any amounts you have withdrawn from the Fixed Account;
less 5) any charges we have deducted from the Fixed Account;
less 6) any transfers you have made from the Fixed Account to the
Separate Account.
INVESTMENT RETURN
The investment return of your policy is based on the amount you have in
each Investment Division of the Separate Account, the amount you have in the
Fixed Account, the investment experience of each Investment Division as measured
by its actual net rate of return, and the interest rate we credit on the amount
you have in the Fixed Account.
The investment experience of an Investment Division of the Separate Account
reflects increases or decreases in the net asset value of the shares of the
underlying Fund, any dividend or capital gains distributions declared by the
Fund, and any charges against the assets of the Investment Division. We
determine this investment experience each valuation day, which is when the net
asset value of the underlying Fund is determined. The actual net rate of return
for an Investment Division measures the investment experience from the end of
one valuation day to the end of the next valuation day.
CASH SURRENDER VALUE
The cash surrender value of your policy is the amount we will pay you if
you surrender your policy. The cash surrender value of your policy is equal to
the cash value of the policy less any surrender charges and any outstanding
policy loans (including any accrued loan interest). If you surrender your policy
during the first Policy Year, an additional contract charge applies as described
on page 53. Since the cash value of the policy fluctuates with the performance
of the Investment Divisions and the interest credited to the Fixed Account, and
because a surrender charge may apply, the cash surrender value may be more or
less than the total premium payments you have made less any premium deductions
and deductions from cash value that were made.
18
<PAGE> 23
Cash surrender value is significant for two reasons:
-- Loans and Partial Withdrawals--You can take loans and partial
withdrawals from your policy based on the amount of the policy's cash
surrender value.
-- Keeping Your Policy in Effect--While premium payments are flexible,
you may need to make additional premium payments so that the cash
surrender value of your policy is sufficient to pay the charges
needed to keep your policy in effect.
LOANS
You can borrow up to 90% of your policy's cash surrender value, less any
additional contract charge in the first Policy Year. Your policy will be used as
collateral to secure this loan. Any amount that secures a loan remains part of
your policy's cash value but is transferred to the Fixed Account. We credit any
amount that secures a loan (the loaned amount) with an interest rate that we
expect to be different from the interest rate we credit on any unloaned amount.
YOUR POLICY AS COLLATERAL FOR THE LOAN
When you request a loan, a transfer of funds may be made from the Separate
Account to the Fixed Account so that the cash value of the amount in the Fixed
Account (less any outstanding loans, including any accrued loan interest) is at
least 106% of the requested loan. This percentage will change in accordance with
changes in the loan interest rate, but will never exceed 108%. We will transfer
these funds from the Investment Divisions of the Separate Account in accordance
with your instructions, or if you have not provided us with any instructions, in
proportion to the amounts you have in each Investment Division. While any policy
loan is outstanding, we will not allow you to make any partial withdrawals or
transfer any funds from the Fixed Account if the partial withdrawal or transfer
would cause the cash value of the Fixed Account to fall below 106% of all
outstanding loans (or a different percentage based on the loan interest rate).
Additionally, if the monthly deductions from cash value will cause the cash
value of the Fixed Account to fall below the total amount of all outstanding
policy loans, we may take these deductions from the Investment Divisions of the
Separate Account in proportion to the amounts you have in each Investment
Division.
LOAN INTEREST
We currently charge an effective annual loan interest rate of 6%, which is
payable in arrears. We may increase or decrease this rate. However, the rate
will never exceed 8%. We will determine the loan interest rate at least once
every twelve months, but not more frequently than once every three months. If we
increase the rate, we may not increase it by more than 1% per calendar year,
within certain limits.
INTEREST ON THE CASH VALUE HELD AS COLLATERAL
When you take a loan from your policy, the loaned amount which we hold in
the Fixed Account earns interest at a different rate from the rate we charge you
for loan interest. The rate we credit on loaned amounts will never be less than
2% less than the rate we charge for policy loans. We guarantee that the interest
rate we credit on loaned amounts will always be at least 3%. For the first ten
Policy Years, the rate we currently expect to credit
19
<PAGE> 24
on loaned amounts is 1% less than the rate we charge for loan interest.
Beginning in the eleventh Policy Year, the rate we currently expect to credit on
loaned amounts is 0.5% less than the rate we charge for loan interest.
WHEN LOAN INTEREST IS DUE
The interest we charge on a loan accrues daily and is payable on the
earliest of the following dates:
-- the policy anniversary;
-- the date you increase or repay a loan;
-- the date you surrender the policy;
-- the date the policy lapses; or
-- the date on which the insured dies.
Any loan interest due on a policy anniversary which you do not pay will be
charged against the policy as an additional loan.
LOAN REPAYMENT
You may repay all or part of a policy loan at any time while your policy is
in effect. We will consider any payment we receive from you while you have a
loan outstanding to be a premium payment unless you tell us in writing that it
is a loan repayment. When we receive a loan repayment, we will first use that
money to repay any portion of the outstanding loan which was originally taken
from the Fixed Account. We will allocate any remaining portion of the loan
repayment to the Investment Divisions in the same proportion as the amount of
money you have in each Investment Division on the date of the loan repayment,
unless you indicate otherwise and we agree.
If the amount of any unpaid loans (including any accrued loan interest) is
greater than the cash value of your policy less any applicable surrender
charges, we will mail a notice to you at your last known address. We will also
send a copy of the notice to the last known assignee, if any, on our records. If
you do not pay the necessary amount within 31 days after the day we mail you
this notice, we will terminate your policy.
THE EFFECTS OF A POLICY LOAN
As long as there is an outstanding loan, the amount held as collateral
remains in the Fixed Account which does not share in the Separate Account's
investment performance. As you repay your loan, we reduce the amount held as
collateral. If your policy is a modified endowment contract, a loan may result
in taxable income to you. See FEDERAL INCOME TAX CONSIDERATIONS on page 60 for
more information.
A loan will affect the cash surrender value of your policy, and its Policy
Proceeds. If you surrender your policy, if your policy terminates, or if a Life
Insurance Benefit becomes payable under the policy, and there are any
outstanding loans at that time, we will deduct the amount of any outstanding
loans (including any accrued loan interest) from the cash value of your policy
or from the Life Insurance Benefit we pay.
20
<PAGE> 25
PARTIAL WITHDRAWALS
You may request a partial withdrawal from your policy's cash surrender
value if the following conditions are met:
-- the insured is living;
-- the partial withdrawal being requested is at least $500; and
-- the partial withdrawal will not cause the policy to fail to qualify as
life insurance under Section 7702 of the Internal Revenue Code.
AMOUNT AVAILABLE TO WITHDRAW
You may withdraw an amount up to the cash surrender value of your policy.
When we process a partial withdrawal, we use the accumulation unit values next
determined after we receive your written request. We will not allow a partial
withdrawal if it would reduce the face amount of your policy (not including
riders) below $50,000.
REQUESTING A PARTIAL WITHDRAWAL
You may request a partial withdrawal from your policy by sending a written
request to the Variable Products Service Center at the address listed on the
front cover of this prospectus.
WHEN IS THE PARTIAL WITHDRAWAL EFFECTIVE
Unless you choose a later effective date, your requested partial withdrawal
will be effective on the date we receive your written request. However, if the
day we receive your request is not a day on which the New York Stock Exchange
("NYSE") is open or if your request is received after the close of the NYSE,
then the requested partial withdrawal will be effective on the next day on which
the NYSE is open.
PARTIAL WITHDRAWAL FEE AND SURRENDER CHARGE
When you make a partial withdrawal, we will deduct a fee for processing the
partial withdrawal. This fee will not exceed the lesser of $25 or 2% of the
amount withdrawn. Additionally, a partial withdrawal may result in a decrease in
your policy's face amount which may cause a surrender charge to apply as
described in SURRENDER CHARGES on page 53.
ALLOCATION OF PARTIAL WITHDRAWAL AND FEE
You may specify how much of the partial withdrawal you want taken from the
amount you have in each of the Investment Divisions and in the Fixed Account. If
you do not specify how you would like your partial withdrawal allocated, we will
deduct the partial withdrawal and any withdrawal fee from the Investment
Divisions and/or the Fixed Account in proportion to the amounts you have in each
of these investment options. If you request a partial withdrawal that is greater
than the amount in the Investment Divisions and/or in the Fixed Account you have
chosen, we will reduce the amount of the partial withdrawal to the amount
available in those Investment Divisions and/or in the Fixed Account and pay you
that amount less any applicable withdrawal fee and surrender charge.
21
<PAGE> 26
THE EFFECTS OF A PARTIAL WITHDRAWAL
When you make a partial withdrawal, we reduce your cash value and cash
surrender value by the amount of the partial withdrawal, and any applicable
withdrawal fee and surrender charge. Additionally, if you have elected Life
Insurance Benefit Option 1, we reduce your policy's face amount and your Policy
Proceeds by the amount of the withdrawal (not including the effects of any
withdrawal fee or surrender charge). If you have elected Life Insurance Benefit
Option 2, we will not reduce your policy's face amount but we will reduce your
Policy Proceeds by the amount of the partial withdrawal and any applicable
withdrawal fee and surrender charge. A partial withdrawal may result in taxable
income to you. See FEDERAL INCOME TAX CONSIDERATIONS on page 60 for more
information.
We may restrict the amount and frequency of partial withdrawals, within
certain limits.
SURRENDERS
You may surrender your policy for its cash surrender value at any time
while the insured is living.
REQUESTING A SURRENDER
You may surrender the policy by sending a written request and the policy to
the Variable Products Service Center at the address listed on the front cover of
this prospectus (or any other address we indicate to you in writing).
WHEN IS THE SURRENDER EFFECTIVE
Unless you choose a later effective date, your surrender will be effective
as of the end of the day we receive your written request and the policy.
However, if the day we receive your request is not a day on which the NYSE is
open or if your request is received after the close of the NYSE, then the
requested surrender will be effective on the next day on which the NYSE is open.
SURRENDER CHARGES
If you surrender your policy during the first fifteen Policy Years or
within fifteen years after you increase the face amount of your policy, a
surrender charge may apply. We will deduct any applicable surrender charge
before we pay you the surrender proceeds. See SURRENDER CHARGES on page 46 for
details.
ADDITIONAL BENEFITS THROUGH RIDERS AND OPTIONS
You may apply for additional benefits by selecting any of the following
optional riders:
-- Accidental Death Benefit Rider
-- Monthly Deduction Waiver Rider
-- Supplementary Term Rider
-- Guaranteed Minimum Death Benefit Rider
-- Term Insurance on Other Covered Insured Rider
-- Children's Insurance Rider
-- Guaranteed Insurability Rider
-- Living Benefits Rider (also known as Accelerated Benefits Rider)
22
<PAGE> 27
Subject to availability in each jurisdiction, we will include an Insurance
Exchange Rider and a Spouse's Paid-up Insurance Purchase Option Rider with your
policy at no additional charge.
HOW THE RIDERS ARE AVAILABLE
The Term Insurance on Other Covered Insured and the Living Benefits Riders
are available only on Non-Qualified Policies. All other riders are available on
both Non-Qualified and Qualified Policies.
ACCIDENTAL DEATH BENEFIT
This rider provides an additional death benefit if the insured's death was
caused directly, and apart from any other cause, by accidental bodily injury. We
will pay the additional death benefit if the insured dies within one year of
such accident. No benefit is payable under the rider if the death of the insured
occurs before the insured's first birthday or after the policy anniversary on
which the insured is age 70.
MONTHLY DEDUCTION WAIVER
This rider provides for the waiver of monthly deduction charges if the
Primary Insured becomes totally disabled. In the event of the total disability
(as defined in the rider), we will waive the following deductions from cash
value on each Monthly Deduction Day:
-- the monthly cost of insurance for the base policy;
-- the monthly cost of riders, if any;
-- the monthly contract charge; and
-- the monthly Separate Account administrative charge, if any.
These deductions are described in more detail under DEDUCTIONS FROM CASH
VALUE on page 48.
You must provide proof that the insured has been totally disabled for at
least six consecutive months before we waive any monthly deduction charges. We
will waive the monthly deduction charges as long as the total disability
continues. From time to time we may require proof that the insured is still
totally disabled. We will pay for any medical examination necessary in
connection with such proof.
In addition, the following special rules apply:
-- If the total disability begins on or before the policy anniversary on
which the insured is age 60 and continues to the policy anniversary on
which the insured is age 65, we will waive the monthly deduction charges
under this policy for the remainder of time that the policy is in
effect. We will not require any further proof of disability.
-- If the total disability begins after the policy anniversary on which the
insured is age 60, we will waive the monthly deduction charges under
this policy while the disability continues but only until the policy
anniversary on which the insured is age 65.
23
<PAGE> 28
We will not waive the monthly deduction charges for any disability which
begins on or after the policy anniversary on which the insured is age 65.
SUPPLEMENTARY TERM RIDER
This rider provides a term insurance death benefit that is payable when the
insured dies. It insures the same individual covered by your base policy. At the
time you apply for this rider, you select a target face amount for your policy.
The initial term insurance death benefit under this rider equals the target face
amount less the initial face amount of your base policy (not including riders).
We recalculate the term insurance death benefit on each Monthly Deduction Day,
so that the amount of the term insurance death benefit equals the target face
amount less the current Life Insurance Benefit at that time.
Because the Life Insurance Benefit of your base policy (not including
riders) may increase or decrease depending on investment performance, the
rider's term insurance death benefit will do the reverse in order to maintain a
level target face amount. However, if the Life Insurance Benefit is greater than
the target face amount, the rider's term insurance death benefit will not be
reduced to an amount less than zero. For example, if your Life Insurance Benefit
increases, the rider's term insurance death benefit will decrease by the same
amount. If the base policy's Life Insurance Benefit changes for any reason other
than because of the requirements of Section 7702 of the Internal Revenue Code,
we will make a corresponding adjustment to the target face amount.
<TABLE>
<S> <C> <C> <C> <C>
Target Base Policy's Supplementary
Face less Life Insurance equals Term Rider
Amount Benefit Death Benefit
</TABLE>
If you compare a policy with this rider to a policy that initially provides
the same Policy Proceeds but does not have this rider, the policy with this
rider will have lower surrender charges and a lower Surrender Charge Premium.
(See SURRENDER CHARGE PREMIUM on page 47 for additional information about the
Surrender Charge Premium)
We will only allow you to elect this rider if:
-- the initial target face amount is at least $500,000;
-- the base policy Life Insurance Benefit is at least $100,000;
-- the initial term insurance death benefit of this rider is at least the
minimum amount we allow, which is currently $100,000.
-- the initial term insurance death benefit of this rider is no greater
than four times the policy's Life Insurance Benefit;
-- you have chosen Life Insurance Benefit Option 1;
-- you have elected the cash value accumulation test; and
-- your policy does not also include a Term Insurance on Other Covered
Insured Rider covering the life of the Primary Insured;
Within certain limits, you may:
-- increase or decrease this rider's term insurance death benefit or target
face amount; and/or
24
<PAGE> 29
-- convert this rider to increase the face amount of your base policy. The
minimum amount of term insurance benefit you may convert is $5,000,
which is the same as the minimum base face amount increase. (Note: The
target face amount of your policy after this conversion will be the same
as the target face amount of your policy including riders before the
conversion. Your Surrender Charge Premium will increase as a result of
the increase in the face amount of your base policy and a new surrender
charge period will apply to the increase. (See SURRENDER CHARGE PREMIUM
on page 47 for additional information about the Surrender Charge
Premium.))
You may request changes to your policy under this rider if:
(a) you do not decrease the target face amount below $500,000, unless the
decrease is due to a partial withdrawal;
(b) you do not decrease the base policy's Life Insurance Benefit below
$100,000, unless the decrease is due to a partial withdrawal; and
(c) you do not make a change that causes the term insurance death benefit
to be greater than four times the policy's Life Insurance Benefit. This
requirement prohibits you from increasing the term insurance death
benefit or decreasing the base policy face amount to an amount that
would violate this maximum ratio.
Once you choose this rider, you may not change your Life Insurance Benefit
Option, even after this rider ends or is terminated.
GUARANTEED MINIMUM DEATH BENEFIT RIDER
As long as this rider is in effect and the benefit period has not expired,
this rider guarantees that your policy will never lapse due to its cash
surrender value being insufficient to cover the current monthly deduction
charges. Under this rider, if your total monthly deduction charges are greater
than your policy's cash value, we will deduct as much of the monthly deduction
charges from the cash value as possible. We will then waive any excess amount of
these charges including the charge for this and any other rider. Generally, this
rider is available with a benefit period up to the insured's age 70, 80 or 100.
You may choose any of these expiry dates as long as the benefit period is at
least ten years.
In exchange for the guarantee provided by this rider, you must make certain
premium payments into your policy. The premium you must pay under this rider is
called the "Monthly Guaranteed Minimum Death Benefit (GMDB) premium." You will
find it on the Policy Data Page. The monthly GMDB premium may change if you
modify your policy or any of the riders attached to your policy. Although this
premium is expressed as a monthly premium, you do not need to pay it on a
monthly basis. Rather, we will perform a GMDB premium test each month to
determine if you have made enough cumulative premium payments to keep the rider
in effect.
GMDB PREMIUM TEST (PERFORMED ON EACH MONTHLY DEDUCTION DAY)
<TABLE>
<S> <C> <C> <C> <C>
Cumulative Cumulative partial Cumulative monthly GMDB
premium payments less withdrawals must be at least premiums from the Policy Date to
to date to date equal to the date the test is performed
</TABLE>
25
<PAGE> 30
If your policy does not satisfy the GMDB premium test and your policy fails
the test by an amount that is more than one monthly GMDB premium, we will notify
you that your policy has failed this test. The rider will terminate unless you
make a premium payment in an amount necessary to pass the GMDB premium test
before the next Monthly Deduction Day. If the rider terminates, we will
reinstate it if we receive the required premium payment before the Monthly
Deduction Day that follows the date the rider terminated. If the rider
terminates during a period when the rider benefit is in effect, your policy will
enter the late period and will lapse unless the required payment is made.
Having this rider affects your ability to take policy loans in the
following way:
(a) If you take a loan during the first two Policy Years, this rider will
end.
(b) After the first two Policy Years, you may take loans within certain
limits. On the day you take a loan (or when any unpaid loan interest is
charged as an additional loan), the cash surrender value of your policy
less the new loan and the amount of any current outstanding loan
balance must be greater than the cumulative monthly GMDB premiums which
were required up to the time you take the loan, accumulated at an
annual effective interest rate of 6.0% as of that date.
This rider is not available on a policy with a Supplementary Term Rider.
TERM INSURANCE ON OTHER COVERED INSURED RIDER
This rider provides term insurance on one or more members of the insured's
immediate family (generally, the spouse and/or children of the insured). The
Primary Insured can also be covered under this rider. However, if the policy
contains a Supplementary Term Rider, coverage is not available on the Primary
Insured under this rider.
We refer to any person, other than the Primary Insured, who is covered
under this rider as an "Other Covered Insured" (OCI). The minimum amount of term
insurance that you may apply for under this rider is $25,000.
You can convert the term insurance provided by this rider to any permanent
plan of insurance we offer without any evidence of insurability. You can make a
conversion on any Monthly Deduction Day prior to the policy anniversary on which
the OCI is age 70, provided the policy is in effect.
The term insurance under this rider will end when the Primary Insured dies.
However, provided the rider is in effect, you can convert the term insurance on
any living OCI under age 70 to any permanent plan of insurance we offer within
31 days after the Monthly Deduction Day on or following the date of the Primary
Insured's death. The term insurance under this rider will also end if the base
policy ends. In no event will this rider continue beyond the policy anniversary
on which the Primary Insured is age 100.
CHILDREN'S INSURANCE RIDER
This rider provides a level term insurance benefit on the child, stepchild,
or legally adopted child of the insured (a "covered child") who is proposed and
accepted for coverage. A child born to, or legally adopted by, the insured while
the rider is in effect is also a covered child. For a child to be covered under
this rider, he or she must be age 18 or under when this rider is issued, or when
that child would otherwise be covered. However, no child is covered under the
rider until the 15(th) day after birth.
26
<PAGE> 31
When you apply for this rider, you must specify how many units of insurance
coverage will apply to each covered child. You may purchase 1 to 25 units of
coverage on each covered child. Each unit provides $1,000 of level term
insurance. The number of units must be the same for each child. Each child
covered under this rider is issued in a standard risk class.
If the Primary Insured dies while this rider is in effect, the term
insurance on each covered child will continue at no additional cost. This is
known as paid-up insurance. Although paid-up insurance has no loan value, it
does have cash value and can be surrendered for its cash value.
The term insurance coverage, or the paid-up insurance, on each covered
child will end on the earlier of:
-- the policy anniversary on which the covered child is age 25; and
-- the policy anniversary on which the Primary Insured is, or would have
been, age 65.
Within 31 days after the date on which the term insurance coverage ends,
you or the covered child may convert the term insurance to any permanent plan of
insurance we offer, without any evidence of insurability. The maximum face
amount of the new policy is five times the amount of the term insurance coverage
on the covered child. The premium rates for the new policy will be based on the
age and sex of the covered child, and our premium rates in effect on the date of
conversion.
GUARANTEED INSURABILITY RIDER
This rider allows you to purchase additional insurance coverage on the
insured, on a scheduled option date or alternative option date, without
providing any evidence of insurability. The additional insurance coverage can
either be a new policy on the life of the insured or an increase to the existing
policy's face amount.
Scheduled option dates are the policy anniversaries on which the insured is
age 22, 25, 28, 31, 34, 37, 40, 43 and 46. An alternative option date is the
date which is three months after any of the following events:
-- the marriage of the insured;
-- the birth of a living child to the insured; or
-- the legal adoption of a child by the insured.
If any of these events occurs, you can purchase additional insurance
coverage without providing any evidence of insurability during the three-month
period following the date any of the events listed above occur. In addition,
during this three-month period, we will automatically provide term insurance on
the insured in an amount equal to the maximum amount you are eligible to
purchase on the alternative option date. If you purchase additional insurance
coverage on an alternative option date, you may not purchase additional
insurance coverage on the next scheduled option date.
In order to exercise this rider's benefit on an option date, the rider must
be in effect on that date. The minimum amount of additional insurance coverage
that you may purchase on each option date is $10,000 and the maximum amount is
the lesser of $100,000 or a
27
<PAGE> 32
multiple of the policy's face amount based on the insured's age when the policy
was issued. The multiples are set forth below:
<TABLE>
<CAPTION>
AGE AT ISSUE MULTIPLE
------------ --------
<S> <C>
0-21 5 times face amount
22-37 2 times face amount
38-43 1 times face amount
</TABLE>
This rider will end on the policy anniversary on which the insured is age
46. However, if any of the events which trigger an alternative option date
occurs within three months before that anniversary, you will continue to have
the right to purchase additional insurance coverage until that option date. We
will also provide the automatic term insurance coverage up to that option date.
LIVING BENEFITS RIDER (ALSO KNOWN AS ACCELERATED BENEFITS RIDER)
Under this rider, if the insured has a life expectancy of twelve months or
less, you may request a portion or all of the Policy Proceeds as an accelerated
death benefit.
You may elect to receive an accelerated death benefit of 25%, 50%, 75%, or
100% of certain eligible proceeds from your Policy Proceeds. We will pay you an
amount equal to:
<TABLE>
<S> <C> <C> <C> <C> <C> <C> <C> <C>
Elected X Eligible X Interest - Administrative fee - Elected percentage of an
percentage proceeds factor (up to $150) unpaid Policy loan
</TABLE>
Minimum accelerated benefit amount: $25,000.
Maximum accelerated benefit amount: $250,000 (total for all of your NYLIAC
policies).
If you accelerate less than 100% of the eligible proceeds, the remaining
face amount of your policy after we pay this benefit must be at least $50,000.
We do not permit any subsequent acceleration.
When we make a payment under this rider, we will reduce your policy's face
amount, rider death benefits, monthly deductions, cash value, and any unpaid
policy loan based on the percentage you elected.
INSURANCE EXCHANGE RIDER
This rider allows you to exchange the policy for a new variable universal
life policy issued on a new insured using values from your original policy. This
rider is included in the policy at no additional cost.
In order for us to issue the new policy, you must provide us with evidence
of insurability on the new insured and have an insurable interest in the new
insured. The Policy Date and the Issue Date of the new policy will be the date
on which the policy is exchanged. The new cost of insurance rates, premium
payments and charges will be based on the new insured's age, sex and risk
classification at the time the exchange occurs. However, surrender charges on
the new policy will be measured from the Policy Date of the original policy.
The maximum face amount of the new policy is the lesser of the face amount
of the original policy on the Policy Date or the face amount of the original
policy on the date of exchange.
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<PAGE> 33
When an exchange is made, the cash value of your policy will be transferred
to the new policy and become the cash value for the new policy. However, the
cash surrender value under the new policy may be different since surrender
charges will be based on the new insured's age and sex.
Under certain circumstances, you may be required to make a payment in order
to exercise the exchange rider:
(a) If the cash surrender value of the new policy will exceed the cash
surrender value of the original policy, then a payment equal to 103% of
the difference between these two values is required.
(b) If the cash surrender value of the new policy after the exchange would
be zero or lower, then a payment in an amount sufficient to keep the
new policy in effect for two months following the date of exchange is
required. This payment will be treated as a premium payment and will be
applied to your policy.
See INSURANCE EXCHANGE RIDER on page 66 for additional information about
the tax implications of exercising this rider.
SPOUSE'S PAID-UP INSURANCE PURCHASE OPTION
This rider allows a spouse who is the beneficiary under the policy to
purchase a new paid-up whole life insurance policy on his or her own life
without evidence of insurability when the insured dies. This rider is included
in the policy at no additional cost.
The maximum face amount of the new paid-up whole life policy is the lesser
of:
-- the amount of the Policy Proceeds payable under this policy (not
including any benefit payable under the Accidental Death Benefit Rider,
and before any unpaid loan is deducted); or
-- $5,000,000.
If the insured's spouse dies at the same time as the insured or within 90
days after the insured's death and does not exercise the option under this
rider, we will pay a benefit to the spouse's estate equal to the maximum amount
of insurance coverage that could have been purchased under this rider minus the
premium payment that would have been required for that insurance.
If someone other than the spouse (including a trust) is the owner and
beneficiary under the policy, that person can also exercise the option and
purchase a paid-up whole life policy on the life of the spouse. The owner must
have an insurable interest in the life of the spouse and the spouse must consent
to the issuance of the new insurance in writing.
PREMIUMS
Although premium payments are flexible, you may need to make additional
premium payments so that the cash surrender value of your policy is sufficient
to pay the charges needed to keep your policy in effect. Policies that are
maintained at cash surrender values just sufficient to cover fees and charges or
that are otherwise minimally funded are more subject to not being able to
maintain such cash surrender values because of market fluctuation and other
performance related risks. When determining the amount of your planned premium
payments, you should consider funding your policy at a level which has
29
<PAGE> 34
the potential to maximize the investment opportunities within your policy and to
minimize the risks associated with market fluctuations.
Premiums are the total dollar amount you pay into your policy. When we
receive a premium payment, we deduct the sales expense, state tax, and federal
tax charges that apply. The balance of the premium is called the net premium. We
apply your net premium to the Investment Divisions and/or the Fixed Account,
according to your instructions. For more details on when and how your premiums
are applied, see PREMIUM ALLOCATION on page 31.
If you elect the guideline premium test to determine whether your policy
qualifies as life insurance under Section 7702 of the Internal Revenue Code, we
may limit your premium payments. If the premiums paid during any Policy Year
exceed the maximum amount permitted under the guideline premium test, we will
return to you the excess amount within 60 days after the end of the Policy Year
with interest at a rate of not less than 3%.
For purposes of determining whether we require additional underwriting when
accepting a premium payment, we divide your premium payments into planned and
unplanned premiums.
30
<PAGE> 35
PLANNED PREMIUM
When you apply for your policy, you select a premium payment schedule,
which indicates the amount and frequency of premium payments you intend to make.
The premium amount you select for this schedule is called your "planned
premium." It is shown on the Policy Data Page.
- -- You may increase or decrease the amount of your planned premium and change
the frequency of your payments, within limits.
- -- Planned premium payments end on the policy anniversary on which the insured
is age 100.
- -- Your policy will not automatically terminate if you are unable to pay the
planned premium. However, payment of your planned premium does not guarantee
your policy will remain in effect. Your policy will terminate if the cash
surrender value is insufficient to pay the monthly deduction charges or if
you have an excess policy loan, and you reach the end of the late period and
you have not made the necessary payment. See TERMINATION AND LATE PERIOD on
pages 30 and 31 for more details.
UNPLANNED PREMIUM
An unplanned premium is a payment you make that is not part of the premium
payment schedule you choose.
- -- While the insured is living, you may make unplanned premium payments at any
time before the policy anniversary on which the insured is age 100. However,
if payment of an unplanned premium will cause the Life Insurance Benefit of
your policy to increase more than the cash value will increase, we may
require proof of insurability before accepting that payment and applying it
to your policy.
- -- If you exchange another life insurance policy to acquire this policy under
Section 1035 of the Internal Revenue Code, we will treat the proceeds of that
exchange as an unplanned premium.
- -- The minimum unplanned premium amount we allow is $50.
- -- We may limit the number and amount of any unplanned premium payments.
PREMIUM ALLOCATION
Except for premium payments you make during the free look period, we apply
your net premium, which equals the balance of any planned or unplanned premium
payment after we deduct sales expense, state tax, and any federal tax charges
that apply, to the Investment Divisions of the Separate Account and/or to the
Fixed Account according to the most recent premium allocation election you have
given to us. We allocate the net premiums from any premium payments you make
during the free look period to our General Account until the end of the free
look period. For more details, see FREE LOOK PERIOD on page 58. When your free
look period is over, we will allocate your net premiums according to your
instructions. You can change your premium allocation any time you make a premium
payment by submitting a revised premium allocation form. The allocation
percentages must be in whole numbers.
TERMINATION
If your policy's cash surrender value on any Monthly Deduction Day is less
than the monthly deductions from cash value for the next policy month, your
policy will continue in the
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<PAGE> 36
late period for 62 days after that date. If the late period expires without
sufficient payment, then we will terminate your policy without any benefits. See
LATE PERIOD below for more details.
However, your policy contains a no-lapse guarantee benefit which may
prevent your policy from terminating during the first three Policy Years. See
NO-LAPSE GUARANTEE below for more details.
LATE PERIOD
The late period is the 62 days following the Monthly Deduction Day on which
the cash surrender value of your policy is insufficient to pay for monthly
deductions from cash value for the next policy month. During this period, you
have the opportunity to pay any premium needed to cover any overdue charges. We
will mail a notice to your last known address stating this amount. We will also
send a copy to the last known assignee, if any, on our records. We will mail
these notices at least 31 days before the end of the late period. Your policy
remains in effect during the late period. However, if we do not receive the
required payment before the end of the late period, we will terminate your
policy without any benefits.
If the insured dies during the late period, we will pay the Policy Proceeds
to your beneficiary, which we will reduce by the unpaid monthly deductions from
cash value for the full policy months from the beginning of the late period
through the policy month in which the insured dies.
NO-LAPSE GUARANTEE
The no-lapse guarantee benefit ensures that your policy will remain in
effect during the first three Policy Years if the total premiums you have paid
under the policy (less any loans you have taken or partial withdrawals you have
made) are at least equal to the minimum monthly premium payment amount for your
policy, as shown on the Policy Data Page, multiplied by the number of months
that the policy has been in effect.
If you pass the minimum premium test, your policy will not enter the late
period if the cash surrender value on a Monthly Deduction Day is insufficient to
pay for the monthly deductions from cash value for the next policy month. We
will deduct the charges from your cash value to the extent possible. We will
defer the deduction of any amount that exceeds the cash value until the end of
the guarantee period. If, on that Monthly Deduction Day, you have not passed the
minimum premium test, the policy will enter the late period.
The no-lapse guarantee benefit will end on the earlier of:
-- the third policy anniversary;
-- the date on which you change the face amount of the policy; or
-- the date you add or delete any riders to the policy.
REINSTATEMENT OPTION
You can request that we reinstate your policy if all of these conditions
are met:
-- you make your request within five years after your policy terminated;
-- the insured is alive; and
-- you have not surrendered your policy for its cash surrender value.
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<PAGE> 37
It is important to realize that a termination and subsequent reinstatement
may cause your policy to become a modified endowment contract. Modified
endowment contracts are subject to less favorable tax treatment on amounts
withdrawn or borrowed from the policy. For more information about modified
endowment contracts, please see page 63.
If the policy lapses during the first Policy Year and is subsequently
reinstated, we will deduct an additional contract charge from the cash value.
(See ADDITIONAL CONTRACT CHARGE ON A SURRENDER OR LAPSE IN THE FIRST POLICY YEAR
on page 53.)
Before we will reinstate your policy, we must receive the following:
(1) a payment equal to the sum of (a) and (b) where:
(a) is an amount which is sufficient to keep the policy in effect for at
least three months; and
(b) is 230% of any additional contract charge for a policy that ended
during the first Policy Year and is later reinstated.
(2) satisfactory evidence of insurability, if your reinstatement request is
more than 31 days after termination.
The effective date of reinstatement will be the Monthly Deduction Day on or
following the date we approve your request. If we reinstate your policy, the
face amount for the reinstated policy will be the same as it would have been if
the policy had not terminated.
The cash value of the reinstated policy will be the cash value at the time
the policy lapsed less the difference between the surrender charge assessed at
the time of the lapse and the surrender charge that applies at the time the
policy is reinstated. We will deduct any unpaid loan from this cash value or any
unpaid loan can be repaid, together with loan interest up to 6% compounded once
each year from the end of the late period to the date of reinstatement.
MATURITY DATE
Your policy matures on the policy anniversary on which the insured is age
100. Beginning on this maturity date, the face amount of your policy, as shown
on the Policy Data Page, will no longer apply. Instead, your Life Insurance
Benefit will equal the cash value of your policy.
One year before your policy's maturity date, we will notify you that on
your maturity date you may elect either:
(1) to receive the cash surrender value of your policy; or
(2) to continue the policy, without having to pay any more cost of
insurance charges, monthly charges or the Separate Account
administrative charge.
If you choose to continue the policy, we will continue to assess Separate
Account and fund charges on the cash value left in the Investment Divisions.
If you choose to surrender your policy, you must submit a signed request to
the Variable Products Service Center at the address listed on the front cover of
this prospectus (or any other address we indicate to you in writing).
Please consult your tax advisor regarding the tax implications of these
options.
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<PAGE> 38
If your policy is still in effect when the insured dies, we will pay the
Policy Proceeds to the beneficiary.
INVESTMENTS
Your policy offers a choice of investment options in which you can invest
your net premium. You may allocate your net premium (1) to any of the Investment
Divisions of the Separate Account, and/or (2) to the Fixed Account. We refer to
the Investment Divisions and the Fixed Account as your investment options.
THE SEPARATE ACCOUNT
NYLIAC Variable Universal Life Separate Account-I is a segregated asset
account NYLIAC established to receive and invest your net premiums.
NYLIAC established the Separate Account on June 4, 1993 under the laws of
Delaware, in accordance with the resolutions set forth by the NYLIAC Board of
Directors. The Separate Account is registered as a unit investment trust with
the Securities and Exchange Commission (SEC) under the Investment Company Act of
1940. This registration does not mean that the SEC supervises the management, or
the investment practices or policies, of the Separate Account.
Although the assets of the Separate Account belong to NYLIAC, these assets
are held separately from the other assets of NYLIAC, and under applicable
insurance law, cannot be charged for liabilities incurred in any other business
operations of NYLIAC (except to the extent that assets in the Separate Account
exceed the reserves and other liabilities of the Separate Account). These assets
are not subject to the claims of our general creditors. The income, capital
gains and capital losses incurred on the assets of the Separate Account are
credited to or are charged against the assets of the Separate Account, without
regard to the income, capital gains or capital losses arising out of any other
business NYLIAC may conduct. Therefore, the investment performance of the
Separate Account is entirely independent of both the investment performance of
NYLIAC's Fixed Account and the performance of any other separate account.
The Separate Account currently consists of twenty-two Investment Divisions.
The Investment Divisions invest exclusively in the corresponding Eligible
Portfolios of the Funds. The income, capital gains, and capital losses incurred
on the assets of an Investment Division are credited to or are charged against
the assets of the Investment Division, without regard to the income, capital
gains or capital losses of any other Investment Division. The Investment
Divisions of the Separate Account are designed to provide money to pay benefits
under your policy, but they do not guarantee a minimum rate of return or protect
against asset depreciation. They will fluctuate up and down depending on market
conditions. The Eligible Portfolios of the relevant Funds, along with their
portfolio managers, are listed in the following table:
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<PAGE> 39
<TABLE>
<S> <C> <C>
FUND PORTFOLIO MANAGERS ELIGIBLE PORTFOLIOS
- ------------------------------------------------------------------------------------------------------
MainStay VP Series Fund, Inc. MacKay-Shields Financial MainStay VP Capital Appreciation;
Corporation MainStay VP Cash Management;
MainStay VP Convertible;
MainStay VP Government;
MainStay VP High Yield Corporate
Bond;
MainStay VP International Equity;
MainStay VP Total Return;
MainStay VP Value
- ------------------------------------------------------------------------------------------------------
MainStay VP Series Fund, Inc. Monitor Capital Advisors, Inc. MainStay VP Indexed Equity
- ------------------------------------------------------------------------------------------------------
MainStay VP Series Fund, Inc. Madison Square Advisors, Inc. MainStay VP Bond;
MainStay VP Growth Equity
- ------------------------------------------------------------------------------------------------------
MainStay VP Series Fund, Inc. Adviser: New York Life MainStay VP American Century
Insurance Company Income & Growth
Subadviser: American Century
Investment Management Inc.
- ------------------------------------------------------------------------------------------------------
MainStay VP Series Fund, Inc. Adviser: New York Life MainStay VP Dreyfus Large
Insurance Company Company Value
Subadviser: The Dreyfus
Corporation
- ------------------------------------------------------------------------------------------------------
MainStay VP Series Fund, Inc. Adviser: New York Life MainStay VP Eagle Asset
Insurance Company Management Growth Equity
Subadviser: Eagle Asset
Management, Inc.
- ------------------------------------------------------------------------------------------------------
The Alger American Fund Fred Alger Management, Inc. Alger American Small
Capitalization
- ------------------------------------------------------------------------------------------------------
Calvert Variable Series, Inc. Calvert Asset Management Calvert Social Balanced
Company
- ------------------------------------------------------------------------------------------------------
Fidelity Variable Insurance Fidelity Management and Fidelity VIP II Contrafund
Products Fund II Research Company
- ------------------------------------------------------------------------------------------------------
Fidelity Variable Insurance Fidelity Management and Fidelity VIP Equity-Income
Products Fund Research Company
- ------------------------------------------------------------------------------------------------------
Janus Aspen Series Janus Capital Corporation Janus Aspen Series Balanced;
Janus Aspen Series Worldwide
Growth
- ------------------------------------------------------------------------------------------------------
Morgan Stanley Dean Witter Morgan Stanley Dean Witter Morgan Stanley Dean Witter
Universal Funds, Inc. Investment Management Inc. Emerging Markets Equity
- ------------------------------------------------------------------------------------------------------
T. Rowe Price Equity Series, T. Rowe Price Associates, Inc. T. Rowe Price Equity Income
Inc.
</TABLE>
FUNDS
Mainstay VP Series Fund, Inc.--The Separate Account currently invests in
fourteen Eligible Portfolios of the MainStay VP Series Fund, a diversified
open-end management investment company. MacKay-Shields Financial Corporation,
Monitor Capital Advisors, Inc., Madison Square Advisors, Inc. and New York Life
Insurance Company provide investment advisory services to these Portfolios in
accordance with the policies, programs and guidelines established by the Board
of Directors of the MainStay VP Series Fund. American Century Investment
Management, Inc., The Dreyfus Corporation and Eagle
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Asset Management, Inc. provide investment subadvisory services to certain
Portfolios. See the prospectus for the MainStay VP Series Fund which is attached
to this prospectus.
The Alger American Fund--The Separate Account currently invests in the
Alger American Small Capitalization Portfolio of The Alger American Fund.
Currently, the Alger American Small Capitalization Portfolio is the only
Eligible Portfolio available through The Alger American Fund for investment by
the Separate Account. Fred Alger Management, Inc. provides investment advisory
services to the Alger American Small Capitalization Portfolio in accordance with
the policies, programs and guidelines established by the Board of Trustees of
The Alger American Fund. See the prospectus for The Alger American Fund which is
attached to this prospectus.
Calvert Variable Series, Inc.--The Separate Account currently invests in
the Calvert Social Balanced Portfolio of the Calvert Variable Series. Currently,
the Calvert Social Balanced Portfolio is the only Eligible Portfolio available
through the Calvert Variable Series for investment by the Separate Account.
Calvert Asset Management Company, Inc. provides investment advisory services to
the Calvert Social Balanced Portfolio in accordance with the policies, programs
and guidelines established by the Board of Directors of the Calvert Variable
Series. See the prospectus for the Calvert Variable Series which is attached to
this prospectus.
Fidelity Variable Insurance Products Fund (VIP) and Fidelity Variable
Insurance Products Fund II (VIP II)--The Separate Account currently invests in
the Fidelity VIP II Contrafund Portfolio of the Variable Insurance Products Fund
II trust and the Fidelity VIP Equity-Income Portfolio of the Variable Insurance
Products Fund trust. Currently, the Fidelity VIP II Contrafund and Fidelity VIP
Equity-Income Portfolios are the only Eligible Portfolios available through the
Fidelity Funds for investment by the Separate Account. Fidelity Management and
Research Company ("FMR") provides investment advisory services to the Fidelity
VIP II Contrafund Portfolio and Fidelity VIP Equity-Income Portfolio in
accordance with the policies, programs and guidelines established by the Boards
of Trustees of the Variable Insurance Products Fund and the Variable Insurance
Products Fund II. See the prospectuses for the Fidelity Variable Insurance
Products Funds which are attached to this prospectus.
Janus Aspen Series--The Separate Account currently invests in the Balanced
and Worldwide Growth Portfolios of the Janus Aspen Series. Currently, the
Balanced and Worldwide Growth Portfolios are the only Eligible Portfolios
available through the Janus Aspen Series for investment by the Separate Account.
Janus Capital Corporation provides investment advisory services to the Janus
Aspen Series Balanced and Janus Aspen Series Worldwide Growth Portfolios in
accordance with the policies, programs and guidelines established by the Board
of Trustees of the Janus Aspen Series. See the prospectus for the Janus Aspen
Series which is attached to this prospectus.
Morgan Stanley Dean Witter Universal Funds, Inc.--The Separate Account
currently invests in the Emerging Markets Equity Portfolio of the Morgan Stanley
Dean Witter Universal Funds, Inc. (the "Morgan Stanley Fund"). Currently, the
Emerging Markets Equity Portfolio is the only Eligible Portfolio available
through the Morgan Stanley Fund for investment by the Separate Account. Morgan
Stanley Dean Witter Investment Management Inc. provides investment advisory
services to the Emerging Markets Equity Portfolio in accordance with the
policies, programs and guidelines established by the Board of
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<PAGE> 41
Directors of the Morgan Stanley Fund. See the prospectus for the Morgan Stanley
Fund which is attached to this prospectus.
T. Rowe Price Equity Series, Inc.--The Separate Account currently invests
in the T. Rowe Price Equity Income Portfolio of the T. Rowe Price Equity Series,
Inc. Currently, the T. Rowe Price Equity Income Portfolio is the only Eligible
Portfolio available through the T. Rowe Price Equity Series, Inc. for investment
by the Separate Account. T. Rowe Price Associates, Inc. provides investment
advisory services to the T. Rowe Price Equity Income Portfolio in accordance
with the policies, programs and guidelines established by the Board of Trustees
of the T. Rowe Price Equity Series, Inc. See the prospectus for the T. Rowe
Price Equity Series, Inc. which is attached to this prospectus.
PORTFOLIOS
The Eligible Portfolios, which the Funds offer, are the mutual fund
portfolios which you may invest in through the Investment Divisions of the
Separate Account. The assets of each Eligible Portfolio are separate from the
others and each Portfolio has different investment objectives and policies. As a
result, each Eligible Portfolio operates as a separate investment Fund and the
investment performance of one Portfolio has no effect on the investment
performance of any other Portfolio. The following describes the investment
characteristics of each of the twenty-two Portfolios in greater detail:
The MainStay VP Capital Appreciation Portfolio--The MainStay VP Capital
Appreciation Portfolio seeks long-term growth of capital. It seeks to achieve
its primary investment objective by maintaining a flexible approach towards
investing in various types of companies as well as types of securities depending
upon the economic environment and the relative attractiveness of the various
securities markets. Generally, the Portfolio will seek to invest in securities
issued by companies with investment characteristics such as participation in
expanding markets, increasing unit sales volume, growth in revenues and earnings
per share superior to that of the average common stocks comprising indices such
as the Standard & Poor's 500 Composite Price Index ("S&P 500") and increasing
return on investment. Dividend income, if any, is a consideration incidental to
the Portfolio's objective of growth of capital.
The MainStay VP Cash Management Portfolio--The MainStay VP Cash Management
Portfolio seeks as high a level of current income as is consistent with
preservation of capital and maintenance of liquidity. It invests primarily in
short-term U.S. Government Securities, obligations of banks, commercial paper,
short-term corporate obligations and obligations of U.S. and non-U.S. issuers
denominated in U.S. dollars. An investment in the MainStay VP Cash Management
Portfolio is neither insured nor guaranteed by the U.S. Government, and there
can be no assurance that the Portfolio will be able to maintain a stable net
asset value of $1.00 per share.
The MainStay VP Convertible Portfolio--The MainStay VP Convertible
Portfolio seeks capital appreciation together with current income. The Portfolio
will invest primarily in convertible securities consisting of bonds, debentures,
corporate notes, preferred stocks or other securities which are convertible into
common stocks or the cash value of a stock or a basket or index of equity
securities. Certain of the Portfolio's investments have speculative
characteristics.
The MainStay VP Government Portfolio--The MainStay VP Government Portfolio
seeks a high level of current income, consistent with safety of principal. It
will invest primarily in
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U.S. Government securities which include U.S. Treasury obligations and
obligations issued or guaranteed by the U.S. Government or its agencies or
instrumentalities. The U.S. Government securities purchased for this Portfolio,
but not the shares of the Portfolio themselves, are issued or guaranteed by the
U.S. Government or its agencies or instrumentalities.
The MainStay VP High Yield Corporate Bond Portfolio--The MainStay VP High
Yield Corporate Bond Portfolio seeks maximum current income through investment
in a diversified portfolio of high yield, high risk debt securities. This
Portfolio seeks to achieve its primary objective by investment in a diversified
portfolio of high yield debt securities which are ordinarily in the lower rating
categories of recognized rating agencies that is, rated Baa to B by Moody's
Investors Services, Inc. ("Moody's") or BBB to B by Standard & Poor's ("S&P").
Securities rated lower than Baa by Moody's or BBB by S&P, or, if not rated, of
equivalent quality, are sometimes referred to as "high yield" securities or
"junk bonds." The potential for high yield is accompanied by higher risk.
Certain of the Portfolio's investments have speculative characteristics. Capital
appreciation is a secondary objective which will be sought only when consistent
with this Portfolio's primary objective.
The MainStay VP International Equity Portfolio--The MainStay VP
International Equity Portfolio seeks long-term growth of capital by investing in
a portfolio consisting primarily of non-U.S. equity securities. Current income
is a secondary objective. In pursuing its investment objective, the Portfolio
will seek to invest in securities that provide the potential for strong return
but that do not, in MacKay-Shields' judgment, present undue or imprudent risk.
The Portfolio pursues its objectives by investing its assets in a diversified
portfolio of common stocks, preferred stocks, warrants and comparable equity
securities.
The MainStay VP Total Return Portfolio--The MainStay VP Total Return
Portfolio seeks to realize current income consistent with reasonable opportunity
for future growth of capital and income. The Portfolio maintains a flexible
approach by investing in a broad range of securities, which may be diversified
by company, by industry and by type. The Portfolio may invest in common stocks,
convertible securities, warrants and fixed-income securities, such as bonds,
preferred stocks and other debt obligations, including money market instruments.
The MainStay VP Value Portfolio--The MainStay VP Value Portfolio seeks
maximum long-term total return from a combination of capital growth and income.
It seeks to achieve this objective by following flexible investment policies
emphasizing investment in common stocks which are, in the opinion of
MacKay-Shields, undervalued at the time of purchase. This Portfolio will
normally invest in dividend-paying common stocks that are listed on a national
securities exchange or traded in the over-the-counter market, but may also
invest in non-dividend paying stocks in accordance with MacKay-Shields'
judgment.
The MainStay VP Bond Portfolio--The MainStay VP Bond Portfolio seeks the
highest income over the long-term consistent with preservation of principal. It
will invest primarily in fixed-income debt securities of an investment grade,
but may also invest in lower-rated securities, convertible debt, and preferred
and convertible preferred stock.
The MainStay VP Growth Equity Portfolio--The MainStay VP Growth Equity
Portfolio seeks long-term growth of capital, with income as a secondary
consideration. It will invest principally in common stock (and securities
convertible into, or with rights to purchase,
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<PAGE> 43
common stock) of well-established, well-managed companies which appear to have
better than average potential for capital appreciation.
The MainStay VP Indexed Equity Portfolio--The MainStay VP Indexed Equity
Portfolio seeks to provide investment results that correspond to the total
return performance (reflecting reinvestment of dividends) of common stocks in
the aggregate, as represented by the S&P 500. Using a full replication method,
the Portfolio invests in all 500 stocks in the S&P 500 in the same proportion as
their representation in the S&P 500. The S&P 500 is an unmanaged index
considered representative of the U.S. stock market. The MainStay VP Indexed
Equity Portfolio is neither sponsored by or affiliated with the S&P 500.
The MainStay VP American Century Income & Growth Portfolio--The MainStay VP
American Century Income & Growth Portfolio seeks dividend growth, current income
and capital appreciation by primarily investing in equity securities of the
1,500 largest companies traded in the United States (ranked by market
capitalization).
The MainStay VP Dreyfus Large Company Value Portfolio--The MainStay VP
Dreyfus Large Company Value Portfolio seeks capital appreciation by investing
principally in a portfolio of publicly traded equity securities of domestic and
foreign issuers which are characterized as value companies.
The MainStay VP Eagle Asset Management Growth Equity Portfolio--The
MainStay VP Eagle Asset Management Growth Equity Portfolio seeks growth through
long-term capital appreciation by investing in common stocks that Eagle Asset
Management, Inc., the Portfolio's subadviser, believes have sufficient growth
potential to offer above average long-term capital appreciation.
The Alger American Small Capitalization Portfolio--Alger American Small
Capitalization Portfolio seeks long-term capital appreciation. Except during
temporary defensive periods, the Portfolio focuses on small, fast-growing
companies that offer innovative products, services or technologies to a rapidly
expanding marketplace. Under normal circumstances, the Portfolio invests
primarily in the equity securities of small capitalization companies. A small
capitalization company is one that has a market capitalization within the range
of the Russell 2000 Growth Index or the S&P SmallCap 600 Index.
The Calvert Social Balanced Portfolio--The Calvert Social Balanced
Portfolio seeks to achieve a competitive total return through an actively
managed portfolio of stocks, bonds and money market instruments which offer
income and capital growth opportunity and which satisfy the investment and
social criteria established for this Portfolio.
The Fidelity VIP II Contrafund Portfolio--The Fidelity VIP II Contrafund
Portfolio seeks long-term capital appreciation by investing primarily in common
stock. FMR invests in securities of companies whose value it believes is not
fully recognized by the public.
The Fidelity VIP Equity-Income Portfolio--The Fidelity VIP Equity-Income
Portfolio seeks reasonable income by investing at least 65% of total assets in
income-producing equity securities. The Portfolio will also consider the
potential for capital appreciation. Secondarily, the Portfolio seeks a yield
that exceeds the composite yield on the securities comprising the S&P 500 Index.
The Janus Aspen Series Balanced Portfolio--The Janus Aspen Series Balanced
Portfolio seeks long-term capital growth, consistent with preservation of
capital and balanced by current income. It is a diversified Portfolio that,
under normal circumstances, pursues its
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<PAGE> 44
objective by investing 40% to 60% of its assets in securities selected primarily
for their growth potential and 40% to 60% of its assets in securities selected
primarily for their income potential. The Portfolio normally invests at least
25% of its assets in fixed-income senior securities, which include debt
securities and preferred stock.
The Janus Aspen Series Worldwide Growth Portfolio--The Janus Aspen Series
Worldwide Growth Portfolio seeks long-term growth of capital in a manner
consistent with the preservation of capital. It invests in a diversified
portfolio of common stocks of foreign and domestic issuers. The Portfolio has
the flexibility to invest on a worldwide basis in companies and organizations of
any size, regardless of country of organization or place of principal business
activity. The Portfolio normally invests in issuers from at least five different
countries, including the United States. The Portfolio may at times invest in
fewer than five countries or even in a single country.
The Morgan Stanley Emerging Markets Equity Portfolio--The Morgan Stanley
Emerging Markets Equity Portfolio seeks long-term capital appreciation by
investing primarily in common and preferred stocks, convertible securities,
rights and warrants to purchase common stocks, sponsored and unsponsored ADR's
and other equity securities of emerging market country issuers. The Portfolio's
investment approach combines top-down country allocation with bottom-up stock
selection. Investment selection criteria include attractive growth
characteristics, reasonable valuations and managements that focus on shareholder
value.
The T. Rowe Price Equity Income Portfolio--The T. Rowe Price Equity Income
Portfolio seeks to provide substantial dividend income and also long-term
capital appreciation by primarily investing in dividend-paying stocks,
particularly of established companies, with favorable prospects for both
increasing dividends and capital appreciation.
THERE IS NO ASSURANCE THAT ANY OF THE ELIGIBLE PORTFOLIOS WILL ATTAIN THEIR
RESPECTIVE STATED OBJECTIVES.
You can find additional information concerning the investment objectives
and policies of the Eligible Portfolios and the investment advisory services and
charges and expenses in the current prospectus for the relevant Funds. These
prospectuses are attached at the end of this prospectus. It is important to read
the Funds' prospectuses carefully before you make any decision about your
allocation of premiums to an Investment Division.
The Funds' shares may also be available to certain separate accounts we use
to fund our variable annuity policies. This is called "mixed funding." Except
for the MainStay VP Series Fund, shares of all other Funds may be available to
separate accounts of insurance companies that are not affiliated with NYLIAC
and, in certain instances, to qualified plans. This is called "shared funding."
Although we do not anticipate that any difficulties will result from mixed and
shared funding, it is possible that differences in tax treatment and other
considerations may cause the interests of owners of various contracts
participating in the Funds to be in conflict. The Board of Directors/Trustees of
each Fund, each Fund's investment advisers, and NYLIAC are required to monitor
events to identify any material conflicts that arise from the use of the Funds
for mixed and shared funding. In the event of a material conflict, we could be
required to withdraw from an Eligible Portfolio. For more information about the
risks of mixed and shared funding please refer to the relevant Fund prospectus.
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<PAGE> 45
We provide certain services to you in connection with investment of
premiums and commitment of cash values to the Investment Divisions, which, in
turn, invest in the Eligible Portfolios. These services include, among others,
providing information about the Eligible Portfolios. We receive a service fee
from the investment advisers or other service providers of some of the Funds in
return for providing services of this type. Currently, we receive service fees
at annual rates ranging from .10% to .21% of the aggregate net asset value of
the shares of some of the Eligible Portfolios held by the Investment Divisions.
ADDITIONS, DELETIONS OR SUBSTITUTIONS OF INVESTMENTS
We may add, delete or substitute the Eligible Portfolio shares held by any
Investment Division, within certain limits. We may eliminate the shares of any
of the Eligible Portfolios and substitute shares of another portfolio of a Fund,
or of another registered open-end management investment company or other
investment vehicles. We may do this if the shares of the Eligible Portfolios are
no longer available for investment or, if we, at our sole discretion, decide
that investment in an Eligible Portfolio is inappropriate given the purposes of
the Separate Account. We will not substitute shares attributable to your
interest in an Investment Division until you have been notified of the change,
as required by the Investment Company Act of 1940, and we obtain any necessary
regulatory approvals.
The Separate Account may purchase other securities for other series or
classes of policies, or may convert between series or classes of policies based
on your request.
In the future, we may establish additional investment divisions for the
Separate Account. Each additional investment division will purchase shares in a
new portfolio of a Fund or in another mutual fund. We may establish new
investment divisions and/or eliminate one or more Investment Divisions when
marketing, tax, investment or other conditions make it appropriate. We may
decide whether or not the new investment divisions will be made available to
existing policyowners.
If we make a substitution or change to the Investment Divisions, we may
change your policy to reflect such substitution or change. If we decide it is in
the best interests of our policyholders who have voting rights under the
policies, the Separate Account may be (1) operated as management companies under
the Investment Company Act of 1940 or managed under the direction of a
committee, (2) deregistered under such Act in the event such registration is no
longer required, or (3) combined with one or more other separate accounts.
REINVESTMENT
We automatically reinvest all dividends and capital gain distributions from
Eligible Portfolios in shares of the distributing Portfolio at their net asset
value on the date they are paid.
THE FIXED ACCOUNT
You may choose to allocate all or part of your net premiums to the Fixed
Account.
INTEREST CREDITED ON AMOUNTS IN THE FIXED ACCOUNT
We will credit any amounts in the Fixed Account with a fixed interest rate
which we declare periodically in advance, at our sole discretion. This rate will
never be less than an
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<PAGE> 46
annual rate of 3%. We may credit different interest rates to loaned and unloaned
amounts in the Fixed Account. All net premiums applied to, and amounts
transferred to, the Fixed Account receive the loaned amount rate or the unloaned
amount rate in effect at that time. Interest accrues daily and is credited on
each Monthly Deduction Day.
ASSETS IN THE FIXED ACCOUNT
The Fixed Account is supported by the assets in our general account, which
includes all of our assets except those assets specifically allocated to
separate accounts. These assets are subject to the claims of our general
creditors. We may invest the assets of the Fixed Account however we choose,
within limits. Your interest in the Fixed Account is not registered under the
Securities Act of 1933, and the Fixed Account is not registered as an investment
company under the Investment Company Act of 1940. Therefore, the Fixed Account
and any interests earned in the Fixed Account are generally not subject to these
statutes. The staff of the SEC has not reviewed the disclosures in this
prospectus relating to the Fixed Account. These disclosures regarding the Fixed
Account may, however, be subject to certain applicable provisions of the federal
securities laws relating to the accuracy and completeness of statements made in
prospectuses.
TRANSFERS BETWEEN INVESTMENT DIVISIONS AND/OR THE FIXED ACCOUNT
You may transfer all or part of the cash value of your policy (i) from the
Fixed Account to the Investment Divisions of the Separate Account, (ii) from the
Investment Divisions of the Separate Account to the Fixed Account, or (iii)
between the Investment Divisions in the Separate Account.
You may request a transfer, under the following conditions:
-- Maximum Transfer--There is no limit on the amount you may transfer from
one Investment Division to another Investment Division. The maximum
amount you may transfer from the Fixed Account to the Investment
Divisions during any Policy Year, is the greater of (i) 20% of the
amount in the Fixed Account at the beginning of the Policy Year or (ii)
$5,000.
During any period when the interest rate credited on amounts in the Fixed
Account is equal to 3%, the maximum amount you may transfer from the
Investment Divisions to the Fixed Account during any Policy Year is the
greater of (i) 20% of the total amount in the Investment Divisions at the
beginning of the Policy Year or (ii) $5,000. However, this limit will not
apply if the insured was age 65 or older on the most recent policy
anniversary. If you have exceeded the transfer limit in any Policy Year
during which the limit becomes effective, you may not make any additional
transfers to the Fixed Account during that Policy Year while the limit
remains in effect.
We will count transfers made in connection with the Dollar Cost
Averaging, Automatic Asset Reallocation and Interest Sweep options as a
transfer toward these maximum transfer limits.
-- Minimum Transfer--The minimum amount that you may transfer from the
Investment Divisions or the Fixed Account is the lesser of (i) $500 or
(ii) the total amount in the Investment Divisions or the Fixed Account.
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-- Minimum Remaining Value--If a transfer will cause the amount you have in
the Investment Divisions or the Fixed Account to be less than $500, we
will transfer the entire amount in the Investment Divisions and/or the
Fixed Account you have chosen.
-- Number of Transfers--There is no limit to the number of transfers that
can be made as long as such transfers are within the minimum and maximum
amounts we determine at our sole discretion.
-- Transfer Charge--We may impose a charge up to $30 per transfer for each
transfer after the first twelve in any Policy Year. We will not count
any transfer made in connection with the Dollar Cost Averaging,
Automatic Asset Reallocation and Interest Sweep options as a transfer
toward the twelve transfer limit.
REQUESTING A TRANSFER:
You can request a transfer in three ways:
-- submit your request in writing on a form we approve to the Variable
Products Service Center at the address listed on the front of this
prospectus (or any other address we indicate to you in writing);
-- telephone a service representative at 800-598-2019 on business days
between the hours of 8:00 a.m. and 6:00 p.m. (Eastern Time); or
-- request access to an electronic service known as a Voice Response Unit
(VRU).
We will use reasonable procedures to make sure that the instructions we
receive through the telephone are genuine. Before a service representative
accepts any request, he or she will ask the caller for the caller's Social
Security Number and address. We will also record all calls.
You may use the VRU to transfer monies among the Investment Divisions
and/or the Fixed Account and change the allocation of future premium payments.
You must complete a Telephone Authorization Form to conduct telephone transfers
through the VRU. We will assign a personal identification number (PIN) to you.
You must properly enter the PIN before we allow any transactions through the
VRU. We reserve the right to temporarily discontinue the availability of the
VRU.
We will confirm all telephone transactions in writing. We are not
responsible for any loss, cost or expense for any actions we take based on
telephone instructions we believe are genuine.
DOLLAR COST AVERAGING
Dollar Cost Averaging is a systematic method of investing which allows you
to purchase shares of the Investment Divisions at regular intervals in fixed
dollar amounts so that the cost of your shares is averaged over time and over
various market cycles. The main objective of Dollar Cost Averaging is to achieve
an average cost per share that is lower than the average price per share in a
fluctuating market. Since you transfer the same dollar amount to a given
Investment Division on each transfer, you purchase more units in an Investment
Division if the value per unit is low and fewer units if the value per unit is
high. Therefore, you may achieve a lower than average cost per unit if prices
fluctuate over the long term. Similarly, for each transfer out of an Investment
Division, you sell more
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units in an Investment Division if the value per unit is low and fewer units if
the value per unit is high. Dollar Cost Averaging does not assure growth or
protect against a loss in declining markets.
If you decide to use the Dollar Cost Averaging feature, we will ask you to
specify:
-- the dollar amount you want to have transferred (minimum transfer: $100);
-- the Investment Division you want to transfer money from;
-- the Investment Divisions and/or Fixed Account you want to transfer money
to;
-- the date on which you want the transfers to be made, within limits; and
-- how often you would like the transfers made, either monthly, quarterly,
semi-annually or annually.
You are not allowed to make Dollar Cost Averaging transfers from the Fixed
Account, but you can make Dollar Cost Averaging transfers into the Fixed
Account.
We will make all Dollar Cost Averaging transfers on the date you specify,
or on the next business day. You may specify any day of the month with the
exception of the 29th, 30th or 31st of a month. We will not process a Dollar
Cost Averaging transfer, unless we have received a written request at the
Variable Products Service Center at the addresses listed on the cover page of
this prospectus. We must receive this request at least one week before the date
Dollar Cost Averaging transfers are scheduled to begin.
The minimum cash value required to elect this option is $2,500. We will
automatically suspend this feature if the cash value is less than $2,000 on a
transfer date. Once the cash value equals or exceeds this amount, the Dollar
Cost Averaging transfers will automatically resume as scheduled.
You may cancel the Dollar Cost Averaging option at any time by written
request. You may not elect Dollar Cost Averaging if you have chosen Automatic
Asset Reallocation. However, you have the option of alternating between these
two policy features.
This option is available to you at no additional cost.
AUTOMATIC ASSET REALLOCATION
If you choose the Automatic Asset Reallocation feature, we will
automatically reallocate your assets among the Investment Divisions in order to
maintain a pre-determined percentage invested in the Investment Division(s) you
have selected. For example, you could specify that 50% of the amount you have in
the Separate Account be allocated to a particular Investment Division and the
other 50% be allocated to another Investment Division. Over time, the variations
in each of these Investment Division's investment results would cause this
balance to shift. If you elect the Automatic Asset Reallocation feature, we will
automatically reallocate the amounts you have in the Separate Account among the
various Investment Divisions so that they are invested in the percentages you
specify.
You may choose to schedule the reallocations quarterly, semi-annually or
annually. You may not choose to have your investments reallocated on a monthly
basis. The minimum amount you must have in the Separate Account in order to
elect this option is $2,500. We will automatically suspend this feature if the
cash value is less than $2,000 on a reallocation date. Once the cash value
equals or exceeds this amount, Automatic Asset
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Reallocation will automatically resume as scheduled. There is no minimum amount
which you must allocate among the Investment Divisions under this feature.
You may cancel the Automatic Asset Reallocation feature at any time by
written request. You may not elect Automatic Asset Reallocation if you have
chosen Dollar Cost Averaging. However, you have the option of alternating
between these two policy features.
This option is available to you at no additional cost.
INTEREST SWEEP
You may instruct us to periodically transfer the interest credited to the
Fixed Account into the Investment Division(s) you specify. If you choose the
Interest Sweep feature, we will ask you to specify:
-- the date you want this feature to start;
-- the percentages you want to be transferred to each Investment Division;
and
-- how often you want us to make these transfers: monthly, quarterly,
semi-annually or annually.
We will begin to make Interest Sweep transfers if the amount in the Fixed
Account is at least $2,500. You may specify any date that you want us to make
these automatic transfers, with the exception of the 29th, 30th or 31st of a
month.
You may not choose the Interest Sweep feature if you have instructed us to
allocate any part of your policy expenses to the Fixed Account. If you want to
elect the Interest Sweep feature and you want to allocate your expenses, you
must allocate your expenses to the MainStay VP Cash Management Investment
Division.
You may request Interest Sweep in addition to either the Dollar Cost
Averaging or Automatic Asset Reallocation features. If an Interest Sweep
transfer is scheduled for the same day as a Dollar Cost Averaging or Automatic
Asset Reallocation transfer, we will process the Interest Sweep transfer first.
If the amount you have in the Fixed Account is less than $2,000, we will
automatically suspend this feature. Once the amount you have in the Fixed
Account equals or exceeds this amount, the Interest Sweep feature will
automatically resume as scheduled. You may cancel the Interest Sweep feature at
any time by written request.
This option is available to you at no additional cost.
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DEDUCTIONS AND CHARGES
We assess certain charges and deductions from your policy to cover the cost
of providing the Life Insurance Benefit under your policy, for providing the
benefits under any riders, for administering the policy, for assuming certain
risks and for incurring certain expenses in issuing the policy. We deduct four
types of charges from your policy:
-- deductions from premiums,
-- deductions from cash value,
-- Separate Account charges, and
-- Fund charges.
Additionally, we may assess surrender charges under certain circumstances.
Surrender charges are explained on page 53. All other charges are described
below. The charges shown under the "Current" column reflect the charges we
currently expect to assess. We may change these charges at our sole discretion.
However, we will never increase the charges over the amounts shown under the
"Guaranteed Maximum" column.
SUMMARY OF DEDUCTIONS AND CHARGES
<TABLE>
<CAPTION>
CURRENT GUARANTEED MAXIMUM
------- ------------------
<S> <C> <C>
DEDUCTIONS FROM PREMIUMS
Sales Expense Charge
2.75% up to Surrender Charge 4.75% of all premiums
Premium
1.25% over Surrender Charge
Premium
State Tax Charge 2% may vary
Federal Tax Charge
Non-Qualified Policies 1.25% may vary
Qualified Policies N/A N/A
DEDUCTIONS FROM CASH VALUE
Monthly Contract Charge
Policy Year 1 $29 per month $31 per month
Policy Year 2+ $ 9 per month $11 per month
Charges for Cost of Insurance based on current rates based on guaranteed rates
Separate Account Administrative A percentage of the Separate 0.20% of the Separate
Charge Account cash value (SAcv) as Account cash value
follows:
0.20% if the SAcv is less than
$10,000*
0.15% if the SAcv is equal to
or greater than $10,000 but
less than $20,000*
0.10% if the SAcv is equal to
or greater than $20,000 but
less than $30,000*
0.05% if the SAcv is equal to
or greater than $30,000 but
less than $50,000*
0% if the SAcv is equal to or
greater than $50,000
Rider Charges vary vary
SEPARATE ACCOUNT CHARGES
Mortality and Expense Risk Charge .50%** .80%**
FUND CHARGES
(see chart on page 52) vary vary
</TABLE>
* The percentages shown are on an annual basis. The charge deducted each
month is equal to the monthly equivalent of the percentage shown.
** Equal to an annual rate assessed on the average daily net asset value
in the Investment Divisions of the Separate Account.
46
<PAGE> 51
DEDUCTIONS FROM PREMIUMS
When we receive a premium payment from you, whether planned or unplanned,
we will deduct a sales expense charge and a state tax charge. If your policy is
a Non-Qualified Policy we will also deduct a federal tax charge.
SALES EXPENSE CHARGE
We deduct a sales expense charge from each premium you pay to partially
cover our expenses for selling the policy to you. The amount of the sales
expense charge in a Policy Year is not necessarily related to our actual
expenses for that particular year. To the extent that sales expenses are not
covered by the sales expense charge and the surrender charge, they will be
recovered from NYLIAC surplus, including any amounts derived from the mortality
and expense risk charge, the charge for cost of insurance protection or the
Separate Account administrative charge. The sales expense charge we deduct is a
percentage of the premium you pay. This percentage varies depending on whether
the total premium you have paid in any given Policy Year is above or below the
Surrender Charge Premium for your policy.
SURRENDER CHARGE PREMIUM
When your policy is issued, we determine the initial Surrender Charge
Premium for your policy. Your Surrender Charge Premium is based on the specific
age, sex, and underwriting class of the insured and the base policy face amount.
We use the Surrender Charge Premium for the purpose of calculating the sales
expense charge and the surrender charge. An increase in your Surrender Charge
Premium will generally increase these charges. You can find your initial
Surrender Charge Premium on the Policy Data Page. If you increase or decrease
the face amount of your base policy, we will make a corresponding increase or
decrease to your Surrender Charge Premium.
CURRENT SALES EXPENSE CHARGE
We currently deduct a sales expense charge of 2.75% of any premiums paid up
to the Surrender Charge Premium. Once premiums equal to the Surrender Charge
Premium for the Policy Year have been paid, we currently deduct a sales expense
charge of 1.25% from any additional premiums paid in that Policy Year.
GUARANTEED SALES EXPENSE CHARGE
We may change the sales expense charge at any time. We guarantee that any
sales expense charge we deduct will never exceed 4.75% of any premiums paid.
STATE TAX CHARGE
Some jurisdictions impose a tax on the premiums insurance companies receive
from their policyholders. We deduct 2% of each premium payment you make to cover
these state taxes. We may increase the amount we deduct as a state tax charge to
reflect changes in the law. Our right to increase this charge is limited in some
jurisdictions by law.
FEDERAL TAX CHARGE
The federal government imposes limitations on our ability to deduct certain
expenses associated with Non-Qualified Policies. For Non-Qualified Policies, we
deduct 1.25% of each premium payment you make to cover the federal tax that
results. We do not deduct this charge from Qualified Policies. We may increase
the amount we deduct as a federal tax charge to reflect changes in the law.
47
<PAGE> 52
DEDUCTIONS FROM CASH VALUE
Each month, we will deduct a monthly contract charge, a cost of insurance
charge, a Separate Account administrative charge, and a rider charge for the
cost of any additional riders.
We will deduct these charges from the cash value of your policy on the
Monthly Deduction Day. The first Monthly Deduction Day will be the monthly
anniversary of your Policy Date on or following the Issue Date. However, if we
have not received your initial premium payment as of the Issue Date, the first
Monthly Deduction Day will be the monthly anniversary of the Policy Date on or
following the date we receive the initial premium payment. If the Policy Date is
prior to the Issue Date, the deductions made on the first Monthly Deduction Day
will cover the period from the Policy Date until the first Monthly Deduction
Day.
EXPENSE ALLOCATION
You may instruct us on how to deduct these cash value charges from the
MainStay VP Cash Management Investment Division and/or the Fixed Account. If the
values in the MainStay VP Cash Management Investment Division and/or the Fixed
Account you have chosen are insufficient to pay these charges, we will deduct as
much of the charges as possible from these investment options. We will deduct
the remainder from the amounts in all of the Investment Divisions and the amount
not held as collateral for a loan in the Fixed Account in proportion to the
amounts in these investment options. If you do not provide us with any
instructions on how you would like your expenses allocated, we will deduct these
charges from the amount in the Investment Divisions and the amount not held as
collateral for a loan in the Fixed Account in proportion to these amounts.
MONTHLY CONTRACT CHARGE
On each Monthly Deduction Day, we will deduct a monthly contract charge to
cover our costs for providing certain administrative services including premium
collection, record keeping, processing claims and communicating to our
policyowners.
CURRENT MONTHLY CONTRACT CHARGE
Currently, we deduct a monthly contract charge of $29 per month from
policies in their first Policy Year and we currently expect to deduct $9 per
month from policies in later Policy Years.
GUARANTEED MONTHLY CONTRACT CHARGE
While we may change the monthly contract charge we deduct from your policy
at any time, we guarantee that we will never charge you a monthly contract
charge that is more than $31 per month during the first Policy Year and $11 per
month in later Policy Years.
CHARGE FOR COST OF INSURANCE PROTECTION
On each Monthly Deduction Day, we will deduct a charge for cost of
insurance protection from the cash value of your policy. This charge covers the
cost of providing Life Insurance Benefits to you.
48
<PAGE> 53
The cost of insurance charge is calculated by adding any applicable flat
extra charge (which apply to certain Primary Insureds who are substandard risks
based on our underwriting) to the monthly cost of insurance rate which applies
to the insured at that time and multiplying the result by the net amount at risk
on the Monthly Deduction Day. The net amount at risk is based on the difference
between the current Life Insurance Benefit of your policy and the policy's cash
value.
Your cost of insurance charge will vary from month to month depending upon
changes in the net amount at risk.
We base the monthly cost of insurance rate we apply to your policy on our
current monthly cost of insurance rates. We may change these rates from time to
time. However, the current rates will never be more than the guaranteed maximum
rates shown on the Policy Data Page. If the insured is age 17 or under when the
policy is issued, we base the guaranteed rates on the 1980 Commissioner's
Standard Ordinary Mortality Table. If the insured is age 18 or higher when the
policy is issued and is in a standard or better underwriting class, we base the
guaranteed rates on the 1980 Commissioner's Standard Ordinary Smoker and
Nonsmoker Mortality Tables appropriate to the insured's underwriting class. We
base the guaranteed rates for policies that insure Primary Insureds in
substandard underwriting classes on higher rates than for standard or better
underwriting classes. We base the current monthly cost of insurance rates on
such factors as the sex, underwriting class and issue age of the insured and the
Policy Year. The current monthly cost of insurance rates also depend on the face
amount of the policy and the amount of any term insurance in effect on the
insured under the Term Insurance on Other Covered Insurance or Supplementary
Term Riders. Changes to the current monthly cost of insurance rates will be
based on changes in future expectations of such factors as mortality, investment
income, expenses and persistency.
SEPARATE ACCOUNT ADMINISTRATIVE CHARGE
We deduct, on a monthly basis, an administrative charge to cover the cost
of providing administrative policy services.
CURRENT SEPARATE ACCOUNT ADMINISTRATIVE CHARGE
On each Monthly Deduction Day, we deduct a Separate Account administrative
charge based on the cash value allocated to the Separate Account. The current
charges are:
<TABLE>
<CAPTION>
THEN THE SEPARATE ACCOUNT
IF YOUR CASH VALUE IN ADMINISTRATIVE CHARGE
THE SEPARATE ACCOUNT IS: (ON AN ANNUAL BASIS) IS:
<S> <C>
Less than $10,000 0.20%
Equal or greater than $10,000 but less than $20,000 0.15%
Equal or greater than $20,000 but less than $30,000 0.10%
Equal or greater than $30,000 but less than $50,000 0.05%
Equal or greater than $50,000 0%
</TABLE>
GUARANTEED SEPARATE ACCOUNT ADMINISTRATIVE CHARGE
We guarantee that this charge will never be more than, on an annual basis,
.20% of the cash value in the Separate Account.
49
<PAGE> 54
RIDER CHARGES
On each Monthly Deduction Day, we will deduct charges for any optional
rider benefits you have chosen from the cash value of your policy. We do not
deduct a charge for the Living Benefits Rider, the Insurance Exchange Rider or
the Spouse's Paid-Up Insurance Option.
ACCIDENTAL DEATH BENEFIT RIDER CHARGE
If you choose this rider, we will deduct a charge equal to the amount of
the accidental death benefit multiplied by the cost of insurance rate for this
rider.
MONTHLY DEDUCTION WAIVER RIDER CHARGE
If you choose this rider, we will deduct a charge equal to a percentage of
the total monthly deduction charges made on the Monthly Deduction Day.
SUPPLEMENTARY TERM RIDER CHARGE
If you choose this rider, we will deduct a charge equal to the cost of
insurance rate for your policy multiplied by the term insurance death benefit
for this rider.
GUARANTEED MINIMUM DEATH BENEFIT RIDER CHARGE
If you choose this rider, we will deduct a charge equal to $0.01 per $1000
multiplied by the sum of your policy's face amount and the face or benefit
amount of any riders. The face or benefit amount of a rider is the amount that
is multiplied by the cost of insurance rate for that rider.
TERM INSURANCE ON OTHER COVERED INSURED RIDER CHARGE
If you choose this rider, we will deduct a charge equal to the amount of
term insurance multiplied by the cost of insurance rate for this rider. We will
deduct a charge for each person covered under this rider. The current cost of
insurance rates for each person covered under this rider will be based on that
person's age, sex and underwriting class, the amount of time since the rider was
issued on that person and the amount of term insurance on that person. If this
rider is issued on the Primary Insured, the current cost of insurance rates will
also depend on the face amount of the base policy.
CHILDREN'S INSURANCE RIDER CHARGE
If you choose this rider, we will deduct a charge equal to $0.45 for each
unit of coverage.
GUARANTEED INSURABILITY RIDER CHARGE
If you choose this rider, we will deduct a charge equal to the option
amount you selected multiplied by the cost of insurance rate for this rider.
SEPARATE ACCOUNT CHARGES
In addition to the deductions from premiums and the deductions from cash
value, we will also deduct a mortality and expense risk charge from the Separate
Account's Investment Divisions. We make this deduction on a daily basis.
50
<PAGE> 55
MORTALITY AND EXPENSE RISK CHARGE
We deduct on a daily basis a mortality and expense risk charge from each
Investment Division to cover our mortality and expense risk. We assume a
mortality risk that the group of lives we have insured under our policies will
not live as long as we expected. In addition, we assume an expense risk that the
cost of issuing and administering the policies we have sold will be greater than
we estimated. We may use any profit derived from this charge for any lawful
purpose, including any distribution expenses not covered by the sales expense
charge.
CURRENT MORTALITY AND EXPENSE RISK CHARGE
We currently deduct on a daily basis, a mortality and expense risk charge
that is equal to an annual rate of .50% of the average daily net asset value of
each Investment Division.
GUARANTEED MORTALITY AND EXPENSE RISK CHARGE
While we may change the mortality and expense risk charge we deduct, we
guarantee that this charge will never be more than an annual rate of .80% of the
average daily net asset value of each Investment Division.
OTHER CHARGES FOR FEDERAL INCOME TAXES
We do not currently deduct any charges from the Investment Divisions for
federal income taxes attributable to them. We may choose to deduct such a charge
in the future in order to provide for any future income tax liability of the
Investment Divisions.
FUND CHARGES
Each Investment Division of the Separate Account purchases shares of the
corresponding Portfolio at net asset value. The net asset value reflects the
investment advisory fees and other expenses that are deducted from the assets of
the Portfolio. The advisory fees and other expenses are not fixed or specified
under the terms of the policy, and they may vary from year to year. These fees
and expenses are described in the Funds' prospectuses. The following chart
reflects 1998 fees and charges that are provided by the Funds or their agents,
which are based on 1998 expenses and may reflect estimated changes:
51
<PAGE> 56
<TABLE>
<CAPTION>
MAINSTAY VP
MAINSTAY VP MAINSTAY VP HIGH YIELD MAINSTAY VP MAINSTAY VP
CAPITAL CASH MAINSTAY VP MAINSTAY VP CORPORATE INTERNATIONAL TOTAL
APPRECIATION MANAGEMENT CONVERTIBLE GOVERNMENT BOND EQUITY RETURN
------------ ----------- ----------- ----------- ----------- ------------- -----------
<S> <C> <C> <C> <C> <C> <C> <C>
FUND ANNUAL EXPENSES
AFTER REIMBURSEMENT
(as a % of average
net assets)
Advisory Fees....... 0.36% 0.25% 0.36% 0.30% 0.30% 0.60% 0.32%
Administration
Fees.............. 0.20% 0.20% 0.20% 0.20% 0.20% 0.20% 0.20%
Other Expenses...... 0.08% 0.09% 0.16% 0.13% 0.08% 0.17% 0.08%
Total Fund Annual
Expenses.......... 0.64% 0.54% 0.72%(a) 0.63% 0.58% 0.97%(a) 0.60%
<CAPTION>
MAINSTAY VP MAINSTAY VP
MAINSTAY VP MAINSTAY VP GROWTH INDEXED
VALUE BOND EQUITY EQUITY
----------- ----------- ----------- -----------
<S> <C> <C> <C> <C>
FUND ANNUAL EXPENSES
AFTER REIMBURSEMENT
(as a % of average
net assets)
Advisory Fees....... 0.36% 0.25% 0.25% 0.10%
Administration
Fees.............. 0.20% 0.20% 0.20% 0.20%
Other Expenses...... 0.09% 0.07% 0.06% 0.08%
Total Fund Annual
Expenses.......... 0.65% 0.52% 0.51% 0.38%
</TABLE>
<TABLE>
<CAPTION>
MAINSTAY VP MAINSTAY VP
AMERICAN DREYFUS MAINSTAY VP ALGER
CENTURY LARGE EAGLE ASSET AMERICAN CALVERT FIDELITY VIP
INCOME & COMPANY MANAGEMENT SMALL SOCIAL II
GROWTH VALUE GROWTH EQUITY CAPITALIZATION BALANCED CONTRAFUND
----------- ----------- ------------- -------------- -------- ------------
<S> <C> <C> <C> <C> <C> <C>
FUND ANNUAL EXPENSES
AFTER REIMBURSEMENT
(as a % of average
net assets)
Advisory Fees....... 0.50% 0.60% 0.50% 0.85% 0.70%(c) 0.59%
Administration
Fees.............. 0.20% 0.20% 0.20% 0.00% 0.00% 0.00%
Other Expenses...... 0.15%(b) 0.15%(b) 0.15%(b) 0.04% 0.18%(c) 0.11%
Total Fund Annual
Expenses.......... 0.85% 0.95% 0.85% 0.89% 0.88%(c) 0.70%(d)
<CAPTION>
JANUS ASPEN
FIDELITY VIP JANUS ASPEN SERIES MORGAN STANLEY T. ROWE
EQUITY- SERIES WORLDWIDE EMERGING PRICE EQUITY
INCOME BALANCED GROWTH MARKETS EQUITY INCOME
------------ ----------- ----------- -------------- ------------
<S> <C> <C> <C> <C> <C>
FUND ANNUAL EXPENSES
AFTER REIMBURSEMENT
(as a % of average
net assets)
Advisory Fees....... 0.49% 0.72% 0.65% 0.00% 0.85%
Administration
Fees.............. 0.00% 0.00% 0.00% 0.00% --
Other Expenses...... 0.09% 0.02% 0.07% 1.95% --
Total Fund Annual
Expenses.......... 0.58%(d) 0.74% 0.72%(e) 1.95%(f) 0.85%
</TABLE>
- ------------
(a) "Other Expenses" and "Total Fund Annual Expenses" for the MainStay VP
Convertible and MainStay VP International Equity Portfolios reflect an
expense reimbursement agreement that ended December 31, 1998 limiting "Other
Expenses" to 0.17% annually. In the absence of the expense reimbursement
arrangement, the "Total Fund Annual Expenses" would have been 1.17% for the
MainStay VP International Equity Portfolio.
(b) These numbers reflect an expense reimbursement agreement effective through
December 31, 1999 limiting "Other Expenses" to 0.15% annually.
(c) These fees are based on expenses for the fiscal year 1998, and have been
restated to reflect the complete assessment of transfer agency expenses of
0.01% expected to be incurred in 1999. "Other Expenses" reflect an indirect
fee. "Total Fund Annual Expenses" after reductions for fees paid indirectly,
which are restated, would have been 0.86%.
(d) A portion of the brokerage commissions that these Portfolios pay was used to
reduce the Portfolios' expenses. In addition, these Portfolios have entered
into arrangements with their custodian whereby credits realized as a result
of uninvested cash balances were used to reduce custodian expenses.
Including these reductions, the "Total Fund Annual Expenses" would have been
0.66% for the Fidelity VIP II Contrafund Portfolio and 0.57% for the
Fidelity VIP Equity-Income Portfolio.
(e) The "Total Fund Annual Expenses" include a fee reduction to reduce the
"Advisory Fees" to the level of the corresponding Janus retail fund. Other
waivers, if applicable, are first applied against the "Advisory Fees" and
then against "Other Expenses." Janus Capital Corporation has agreed to
continue the other waivers and fee reductions until at least the next annual
renewal of the advisory agreement. Absent such waivers or reductions, the
"Total Fund Annual Expenses" would have been 0.74%.
(f) Morgan Stanley Dean Witter Investment Management Inc. has voluntarily waived
receipt of its "Advisory Fees" and agreed to reimburse the Portfolio, if
necessary, to the extent that the "Total Fund Annual Expenses" of the
Portfolio exceed 1.75% of average daily net assets. However, Morgan Stanley
Dean Witter has reflected under "Other Expenses" the Portfolio's interest
and foreign tax expenses incurred in 1998 which were equal to 0.20% of the
Portfolio's average daily net assets. The fee waivers and reimbursements
described above may be terminated by Morgan Stanley Dean Witter at any time
without notice. Absent such reductions, it is estimated that "Advisory
Fees", "Administration Fees" and "Total Fund Annual Expenses" would be
1.25%, 0.25% and 3.45%, respectively.
52
<PAGE> 57
SURRENDER CHARGES
CHARGES IN POLICY YEARS 1-15
During the first fifteen Policy Years, we will deduct a surrender charge
from the cash value of your policy if you:
- surrender your policy; or
- decrease the face amount of your policy (including a decrease in the
face amount that results from changing the Life Insurance Benefit
Option or from a partial withdrawal).
This surrender charge is in addition to the sales expense charge. The
surrender charge we deduct if you surrender your entire policy (assuming you
have not made any changes to your policy) is the lesser of:
- 50% of the total premiums you have paid under the policy; or
- a percentage of the Surrender Charge Premium (as shown in the table
below for the applicable Policy Year). The Surrender Charge Premium is
shown on your Policy Data Page. The surrender charge we deduct if you
decrease the face amount of your policy is described below.
<TABLE>
<CAPTION>
PERCENTAGE
POLICY YEAR APPLIED
----------- ----------------
<S> <C>
1-3 100%
4 93%
5 86%
6 79%
7 72%
8 65%
9 58%
10 51%
11 44%
12 37%
13 30%
14 23%
15 15%
16+ 0%
</TABLE>
Example: Assume that a policyowner (a) has a policy with a Surrender Charge
Premium of $1,495.00, (b) has paid $3,500.00 of premiums under the
policy, (c) has not increased the face amount of the policy, and (d)
surrenders the policy in the third Policy Year. The surrender charge
for the policy would be the lesser of (i) 100% of the Surrender Charge
Premium ($1,495.00) or (ii) 50% of the total premiums paid ($1,750.00).
In this case, the surrender charge would be $1,495.00.
ADDITIONAL CONTRACT CHARGE ON A SURRENDER OR LAPSE IN THE FIRST POLICY YEAR
If you surrender your policy during the first Policy Year, we will deduct
an additional contract charge when you surrender your policy. This charge will
also apply if the policy
53
<PAGE> 58
lapses during the first Policy Year and is subsequently reinstated. This
additional charge equals the difference between a and b multiplied by c [i.e.,
(a - b) X c], where:
a = the monthly contract charge for the first Policy Year;
b = the monthly contract charge for subsequent Policy Years; and
c = the number of Monthly Deduction Days between the day you surrender your
policy (or the date your policy lapsed) and the first anniversary of
your Policy Date (or the date of reinstatement).
SURRENDER CHARGES AFTER FACE AMOUNT INCREASES
If you increase your policy's face amount (other than an increase that
results from a change in your Life Insurance Benefit Option), we will apply a
new surrender charge schedule to the amount of the increase in the face amount.
This schedule will start on the day we process your request. The original
surrender charge schedule will continue to apply to the original face amount of
your policy.
If you have made multiple increases to the face amount of your policy, and
later decide to decrease the face amount of your policy or surrender it, we will
calculate the surrender charge in the following order:
1) based on the surrender charge associated with the last increase in face
amount;
2) based on each prior increase, in the reverse order in which the
increases occurred; and
3) based on the initial face amount.
SURRENDER CHARGES ON FACE AMOUNT DECREASES
If you decrease the face amount of your policy, we will deduct a surrender
charge, if applicable. This charge will equal the difference between the
surrender charge that we would have charged if you had surrendered your entire
policy before the decrease and the surrender charge that we would charge if you
surrendered your entire policy after the decrease.
<TABLE>
<CAPTION>
EXAMPLE:
--------------------------------------------
<S> <C>
Face Amount prior to Decrease: $500,000
Amount of Decrease: $100,000
------------------------ --------
Face Amount after Decrease: $400,000
Surrender Charge on Face Amount
prior to Decrease ($500,000) $ 1,280
Less Surrender Charge on Face
Amount after Decrease
($400,000) $ 1,030
--------------------------------- --------
Surrender Charge Deducted $ 250
</TABLE>
We will not impose a surrender charge on a decrease or termination of any
rider.
54
<PAGE> 59
EXCEPTIONS TO SURRENDER CHARGE
We will not deduct a surrender charge if:
-- we cancel the policy;
-- we pay proceeds upon the death of the insured; or
-- we pay a required Internal Revenue Service minimum distribution.
POLICY PROCEEDS
BENEFICIARY
The beneficiary is the person(s) or entity(ies) you have specified on our
records to receive insurance proceeds from your policy.
-- You name the beneficiary when you apply for the policy.
-- The beneficiary receives insurance proceeds after the insured dies.
-- You may elect to have different classes of beneficiaries, such as
primary and secondary, where these classes determine the order of
payment. You may have more than one beneficiary in a class.
-- You may change the beneficiary while the insured is living, by writing
to the Variable Products Service Center at the address listed on the
front cover of this prospectus (or any other address we indicate to you
in writing). Generally, the change will take effect on the date you sign
the request.
-- If no beneficiary is living when the insured dies, we will pay the
Policy Proceeds to you or if you are deceased, to your estate, unless
you tell us to do otherwise.
WHEN WE PAY PROCEEDS
If your policy is still in effect, we will pay any cash surrender value,
partial withdrawals, loan proceeds, or the Policy Proceeds generally within
seven days after we receive all of the necessary requirements at the Variable
Products Service Center at the address listed on the front cover of this
prospectus (or any other address we indicate to you in writing).
Situations where payment of proceeds may be delayed:
-- We may delay payment of any loan proceeds attributable to the Separate
Account, any partial withdrawal from the Separate Account, the cash
surrender value or the Policy Proceeds during any period that:
a) we are unable to determine the amount to be paid because the New York
Stock Exchange is closed (other than customary weekend and holiday
closings), trading is restricted by the Securities and Exchange
Commission ("SEC"), or the SEC declares that an emergency exists; or
b) the SEC, by order, permits us to delay payment in order to protect
our policyowners.
55
<PAGE> 60
-- We may delay payment of any portion of any loan or surrender request,
including requests for partial withdrawals, from the Fixed Account for
up to six months from the date we receive your request.
-- We may delay payment of the entire Policy Proceeds if we contest the
payment. We investigate all death claims that occur within the two year
contestable period. Upon receiving the information from a completed
investigation we will make a determination, generally within five days,
as to whether the claim should be authorized for payment. Payments are
made promptly after authorization.
We add interest at an annual rate of 3% (or at a higher rate if required by
law) if we delay payment of a partial withdrawal or cash surrender value for 30
days or more.
We add interest to Policy Proceeds from the date of death to the date of
payment at the same rate as we pay under the Interest Payment Option (or at a
higher rate if required by law).
PAYMENT OPTIONS
We will pay your Policy Proceeds in one sum unless you choose otherwise.
There are three payment options you may choose from: an Interest Accumulation
Option, an Interest Payment Option, and a Life Income Option. If any payment
under these options is less than $100, we may pay any unpaid amount or present
value in one sum.
Any Policy Proceeds paid in one sum will be paid in cash and bear interest
compounded each year from the date of the insured's death to the date of
payment. We set the interest rate each year. This rate will be at least 3% per
year (or a higher rate if required by law).
-- Interest Accumulation Option (Option 1A)
Under this option, the portion of the Policy Proceeds you choose to keep
with us will bear interest each year. You may make withdrawals from this
amount at any time in sums of $100 or more. We will pay interest on the
sum withdrawn up to the date of the withdrawal.
-- Interest Payment Option (Option 1B)
Under this option, we will pay interest on all or part of the Policy
Proceeds you choose to keep with us. You elect the frequency of the
interest payments we make: once each month, every three months, every
six months or each year.
-- Life Income Option (Option 2)
Under this option, we make equal monthly payments during the lifetime of
the payee or payees. We determine the amount of the monthly payment by
applying the Policy Proceeds to the purchase of a corresponding single
premium life annuity policy, which is issued when the first payment is
due.
Payments remain the same and are guaranteed for ten years, even if the
specified payee dies sooner.
Payments are based on an adjusted annuity premium rate in effect at the
time the annuity policy is issued. This rate will not be less than the
corresponding minimum amount shown in the Option 2 table found in your
policy. These minimum amounts
56
<PAGE> 61
are based on the 1983 Table "a" with Projection Scale G and with
interest compounded each year at 3%.
If you ask us, we will send you a statement of the minimum amount due
with respect to each monthly payment in writing. The minimum is based on
the sex and adjusted age of the payee(s). To find the adjusted age in
the year the first payment is due, we increase or decrease the payee's
age at that time, as follows:
<TABLE>
<CAPTION>
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Electing or changing a payment option:
While the insured is living, you can elect or change your payment option.
You can also elect or change one or more of the beneficiaries who will be the
payee(s) under that option.
After the insured dies, any person who is entitled to receive Policy
Proceeds in one sum (other than an assignee) can elect a payment option and name
payees. The person who elects a payment option can also name one or more
successor payees to receive any amount remaining at the death of the payees.
Naming these payees cancels any prior choice of successor payees. A payee who
did not elect the payment option has the right to advance or assign payments,
take the payments in one sum, change the payment option, or make any other
change, only if the person who elects the payment option notifies us in writing
and we agree.
PAYEES
You can only name individuals who are able to receive payments on their own
behalf as payees or successor payees, unless we agree otherwise. We may require
proof of the age of the payee or proof that the payee is living. If we still
have an unpaid amount, or there are some payments which still need to be made
when the last surviving payee dies, we will pay the unpaid amount with interest
to the date of payment, or pay the present value of the remaining payments, to
that payee's estate. We will make this payment in one sum. The present value of
the remaining payments is based on the interest rate used to compute them, and
is always less than their sum.
ADDITIONAL POLICY PROVISIONS
LIMITS ON OUR RIGHTS TO CHALLENGE YOUR POLICY
Generally, we must bring any legal action contesting the validity of your
policy within two years of the Issue Date, including any action taken to contest
a face increase as a result of a change in the Life Insurance Benefit Option.
For any increase(s) in face amount other than one due to a change in the Life
Insurance Benefit Option, this two year period begins on the effective date of
the increase.
SUICIDE
If the death of the insured is a result of suicide within two years of the
Issue Date , we will pay a limited life insurance benefit in one sum to the
beneficiary. The limited life
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insurance benefit is the total amount of premiums, less any outstanding loans
(including accrued loan interest) and/or amounts withdrawn. If a suicide occurs
within two years of the effective date of a face amount increase, we will also
pay the limited life insurance benefit, or, if the limited life insurance
benefit is not payable, the monthly deductions from cash value made for that
increase.
MISSTATEMENT OF AGE OR SEX
If the policy application misstates the insured's age or sex, we will
adjust the cash value, the cash surrender value, and the Life Insurance Benefit
to reflect the correct age and sex. We will adjust the Policy Proceeds provided
by your policy based on the most recent mortality charge for the correct date of
birth or correct sex.
ASSIGNMENT
You may assign a Non-Qualified Policy as collateral for a loan or other
obligation. In order for this assignment to be binding on us, we must receive a
signed copy of it at Variable Products Service Center at the addresses listed on
the front cover of this prospectus (or any other location we indicate to you in
writing). We are not responsible for the validity of any assignment. If your
policy is a modified endowment contract, assigning your policy may result in
taxable income to you. For more information, please read FEDERAL INCOME TAX
CONSIDERATIONS on page 60. You may not assign Qualified Policies.
FREE LOOK
You have a right to cancel your policy, within certain limits. Under the
free look provision of your policy, you generally have twenty days after you
receive your policy to return the policy to us and receive a refund. You may
cancel increases in the face amount of your policy under the same time limits.
If you cancel your policy, we will pay you the greater of your policy's
cash value on the date you return the policy or the total premium payments you
have made, less any loans and any partial withdrawals you have taken. We will
allocate premium payments you make during the free look period to our General
Account until the end of the free look period, as stated in your policy.
If you cancel an increase in face amount of your policy, we will refund the
premium payments you have paid in excess of the planned premiums which are
allocated to the increase in accordance with the surrender charge provision,
less any part of the excess premium payments which we have already paid you.
You may return the policy to the Variable Products Service Center at the
address listed on the front cover of this prospectus (or any other address we
indicate to you in writing)or you may return it to any of our agency offices or
to the registered representative who sold you the policy.
EXCHANGE PRIVILEGE
Within the first twenty four months after the Issue Date of your policy, if
you decide you do not want to own a variable policy, you may either (1) transfer
all of the amounts you
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have invested in the Investment Divisions to the Fixed Account of your policy or
(2) exchange your policy for a new fixed premium permanent plan of life
insurance that we (or one of our affiliates) offer for this purpose. The new
policy will have the same policy date, issue age, risk classification and
initial face amount as your original policy, but will not offer variable
investment options such as the Investment Divisions.
In order to exchange your policy:
-- your policy must be in effect on the date of the exchange;
-- you must repay any unpaid loan (including any accrued loan interest);
and
-- you must submit a proper written request.
We will process your request for an exchange on the later of: (a) the date
you send in your written request along with your policy or (b) the date we
receive the necessary payment for your exchange at the Variable Products Service
Center at the address listed on the front cover of this prospectus (or any other
address we indicate to you in writing). The exchange will be effective on the
later of these two dates. We will require you to make any adjustment to the
premiums and cash values of your policy and the new policy, if necessary.
When you exchange your policy, all riders and benefits on that policy will
end, unless required by law. The new policy will have the same Issue Date, issue
age, and risk classification as your original policy.
During the first two years after any increase in the face amount of your
policy you have the right to transfer amounts attributable to this increase from
the Investment Divisions to the Fixed Account. The maximum amount you may
request as a transfer from the Separate Account to the Fixed Account during this
two year period is the lesser of the premium payments you made after you
increased your policy's face amount which are attributable to the increase in
face amount and the amount in the Separate Account.
ADDITIONAL PROVISIONS REGARDING THE SEPARATE ACCOUNT
YOUR VOTING RIGHTS
We will vote the shares that the Investment Divisions of the Separate
Account hold in the Funds at any regular and special shareholder meetings of the
Funds. We will vote these shares according to the instructions we receive from
our policyholders who have invested their premiums in Investment Divisions that
invest in the Fund. However, if the law changes to allow us to vote the shares
in our own right, we may decide to do so.
While your policy is in effect, you can provide voting instructions to us
for each Investment Division in which you have amounts invested. The number of
votes you are entitled to will be determined by dividing the amount you have
invested in an Investment Division by the net asset value per unit for the
Eligible Portfolio underlying that Investment Division.
We will determine the number of votes you are entitled to on the date
established by the underlying Fund for determining shareholders that are
eligible to vote at the meeting of the relevant Fund. We will send you written
voting instructions prior to the meeting according to the procedures established
by the Fund. We will send proxy material, reports and other materials relating
to the Fund to each person having a voting interest.
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We will vote the Fund shares for which we do not receive timely
instructions in the same proportion as the shares for which we receive voting
instructions in a timely manner. We will use voting instructions to abstain from
voting on an item to reduce the number of votes eligible to be cast.
OUR RIGHTS
We may take certain actions relating to our operations and the operations
of the Separate Account. We will take these actions in accordance with
applicable laws (including obtaining any required approval of the SEC and any
other required regulatory approvals). If necessary, we will seek approval by our
policyowners.
Specifically, we reserve the right to:
-- add or remove any Investment Division;
-- create new separate accounts;
-- combine the Separate Account with one or more other separate accounts;
-- operate the Separate Account as a management investment company under
the Investment Company Act of 1940 or in any other form permitted by
law;
-- deregister the Separate Account under the Investment Company Act of
1940;
-- manage the Separate Account under the direction of a committee or
discharge such committee at any time;
-- transfer the assets of the Separate Account to one or more other
separate accounts; and
-- restrict or eliminate any of the voting rights of policyowners or other
persons who have voting rights as to the Separate Account.
We may also change the name of the Separate Account.
FEDERAL INCOME TAX CONSIDERATIONS
OUR INTENT
Our intent in the discussion in this section is to provide general
information about federal income tax considerations related to the policies.
This is not an exhaustive discussion of all tax questions that might arise under
the policies. This discussion is not intended to be tax advice for you. Tax
results may vary according to your particular circumstances, and you may need
tax advice in connection with the purchase or use of your policy.
The discussion in this section is based on our understanding of the present
Federal income tax laws as they are currently interpreted by the Internal
Revenue Service ("IRS"). We have not included any information about applicable
state or other tax laws. Further, you should note that tax law changes from time
to time. We do not know whether the treatment of life insurance policies under
federal income tax or estate or gift tax laws will continue. Future legislation,
regulations or interpretations could adversely affect the tax treatment of life
insurance policies. Lastly, there are many areas of the tax law where minimal
guidance exists in the form of Treasury Regulations or Revenue Rulings. You
should consult a tax advisor for information on the tax treatment of the
policies, for the tax treatment under the laws of your state, or for information
on the impact of proposed or future changes in tax legislation, regulations or
interpretations.
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The ultimate effect of federal income taxes on values under the policy and
on the economic benefit to you or the beneficiary depends upon NYLIAC's tax
status, upon the terms of the policy and upon your circumstances.
TAX STATUS OF NYLIAC AND THE SEPARATE ACCOUNT
NYLIAC is taxed as a life insurance company under Subchapter L of the
Internal Revenue Code. The Separate Account is not a separate taxable entity
from NYLIAC and we take its operations into account in determining NYLIAC's
income tax liability. All investment income and realized net capital gains on
the assets of the Separate Account are reinvested and taken into account in
determining policy cash values and are automatically applied to increase the
book reserves associated with the policies. Under existing Federal income tax
law, neither the investment income nor any net capital gains of the Separate
Account, are taxed to NYLIAC to the extent those items are applied to increase
reserves associated with the policies.
CHARGES FOR TAXES
We impose a federal tax charge on Non-Qualified Policies equal to 1.25% of
premiums received under the policy to compensate us for taxes we have to pay
under Section 848 of the Internal Revenue Code in connection with our receipt of
premiums under Non-Qualified Policies. No other charge is currently made to the
Separate Account for our federal income taxes that may be attributable to the
Separate Account. In the future, we may impose a charge for our Federal income
taxes that are attributable to the Separate Account. In addition, depending on
the method of calculating interest on amounts allocated to the Fixed Account, we
may impose a charge for the policy's share of NYLIAC's federal income taxes
attributable to the Fixed Account.
Under current laws, we may incur state or local taxes (in addition to
premium taxes) in several states. At present, these taxes are not significant.
If there is a material change in applicable state or local tax laws, we reserve
the right to charge the Separate Account for the portion of such taxes, if any,
attributable to the Separate Account or the policies.
DIVERSIFICATION STANDARDS AND CONTROL ISSUES
In addition to other requirements imposed by the Internal Revenue Code, a
policy will qualify as life insurance under the Internal Revenue Code only if
the diversification requirements of Internal Revenue Code Section 817(h) are
satisfied by the Separate Account. We intend for the Separate Account to comply
with Internal Revenue Code Section 817(h) and related regulations. To satisfy
these diversification standards, the regulations generally require that on the
last day of each calendar quarter, no more than 55% of the value of a Separate
Account's assets can be represented by any one investment, no more than 70% can
be represented by any two investments, no more than 80% can be represented by
any three investments, and no more than 90% can be represented by any four
investments. For purposes of these rules, all securities of the same issuer
generally are treated as a single investment, but each U.S. Government agency or
instrumentality is treated as a separate issuer. Under a "look through" rule, we
are able to meet the diversification requirements by looking through the
Separate Account to the underlying Eligible Portfolio. Each of the Funds have
committed to us that the Eligible Portfolios will meet the diversification
requirements.
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The Internal Revenue Service has stated in published rulings that a
variable policyowner will be considered the owner of separate account assets if
he or she possesses incidents of ownership in those assets, such as the ability
to exercise investment control over the assets. In those circumstances, income
and gains from the separate account assets would be includable in the variable
policyowner's gross income. In connection with its issuance of temporary
regulations under Internal Revenue Code Section 817(h) in 1986, the Treasury
Department announced that such temporary regulations did not provide guidance
concerning the extent to which policyowners could be permitted to direct their
investments to particular investment divisions of a separate account and that
guidance on this issue would be forthcoming. Regulations addressing this issue
have not yet been issued or proposed. The ownership rights under your policy are
similar to, but different in certain respects from, those described by the
Internal Revenue Service in rulings in which it was determined that policyowners
were not owners of separate account assets. For example, you have additional
flexibility in allocating premium payments and policy cash values. These
differences could result in your being treated as the owner of your policy's pro
rata portion of the assets of the Separate Account. In addition, we do not know
what standards will be set forth, if any, in the regulations or ruling which the
Treasury Department has stated it expects to issue. We therefore reserve the
right to modify the policy, as deemed appropriate by us, to attempt to prevent
you from being considered the owner of your policy's pro rata share of the
assets of the Separate Account. Moreover, in the event that regulations are
adopted or rulings are issued, there can be no assurance that the Eligible
Portfolios will continue to be available, will be able to operate as currently
described in the Fund prospectuses, or that a Fund will not have to change an
Eligible Portfolio's investment objective or investment policies.
LIFE INSURANCE STATUS OF POLICY
We believe that the policy meets the statutory definition of life insurance
under Internal Revenue Code Section 7702 and that you and the beneficiary of
your policy will receive the same federal income tax treatment as that accorded
to owners and beneficiaries of fixed benefit life insurance policies.
Specifically, we believe that the Life Insurance Benefit under your policy will
be excludable from the gross income of the beneficiary subject to the terms and
conditions of Section 101(a)(1) of the Internal Revenue Code. Pursuant to
Section 101(g) of the Internal Revenue Code, amounts received by the policyowner
may also be excludable from the policyowner's gross income when the insured has
a terminal illness and benefits are paid under the Living Benefits Rider. (Life
insurance benefits under a "modified endowment contract" as discussed below are
treated in the same manner as life insurance benefits under life insurance
policies that are not so classified.)
In addition, unless the policy is a "modified endowment contract," in which
case the receipt of any loan under the policy may result in recognition of
income to the policyowner, we believe that the policyowner will not be deemed to
be in constructive receipt of the cash values, including increments thereon,
under the policy until proceeds of the policy are received upon a surrender of
the policy or a partial withdrawal.
We reserve the right to make changes to the policy if we think it is
appropriate to attempt to assure qualification of the policy as a life insurance
contract. If a policy were determined not to qualify as life insurance, the
policy would not provide the tax advantages normally provided by life insurance.
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MODIFIED ENDOWMENT CONTRACT STATUS
Internal Revenue Code Section 7702A defines a class of life insurance
policies referred to as modified endowment contracts. Under this provision, the
policies will be treated for tax purposes in one of two ways. Policies that are
not classified as modified endowment contracts will be taxed as conventional
life insurance policies, as described below. Taxation of pre-death distributions
from policies that are classified as modified endowment contracts and that are
entered into on or after June 21, 1988 is somewhat different, as described
below.
A life insurance policy becomes a "modified endowment contract" if, at any
time during the first seven years, the sum of actual premiums paid exceeds the
sum of the "seven-pay premium." Generally, the "seven-pay premium" is the level
annual premium, such that if paid for each of the first seven years, will fully
pay for all future life insurance and endowment benefits under a life insurance
policy. For example, if the "seven-pay premiums" were $1,000, the maximum
premiums that could be paid during the first seven years to avoid "modified
endowment" treatment would be $1,000 in the first year, $2,000 through the first
two years and $3,000 through the first three years, etc. Under this test, a
policy may or may not be a modified endowment contract, depending on the amount
of premiums paid during each of the policy's first seven years. A policy
received in exchange for a modified endowment contract will be taxed as a
modified endowment contract even if it would otherwise satisfy the 7-pay test.
Certain changes in the terms of a policy including a reduction in life
insurance benefits will require a policy to be retested to determine whether the
change has caused the policy to become a modified endowment contract. In
addition, if a "material change" occurs at any time while the policy is in
force, a new 7-pay test period will start and the policy will need to be
retested to determine whether it continues to meet the 7-pay test. A "material
change" generally includes increases in life insurance benefits, but does not
include an increase in life insurance benefits which is attributable to the
payment of premiums necessary to fund the lowest level of life insurance
benefits payable during the first seven policy years, or which is attributable
to the crediting of interest with respect to such premiums.
Because the policy provides for flexible premiums, NYLIAC has instituted
procedures to monitor whether, under our current interpretation of the law,
increases in Life Insurance Benefits or additional premiums cause either the
start of a new seven-year test period or the taxation of distributions and
loans. All additional premiums will be considered in these determinations.
If a policy fails the 7-pay test, all distributions (including loans)
occurring in the policy year of failure and thereafter will be subject to the
rules for modified endowment contracts. A recapture provision also applies to
loans and distributions that are received in anticipation of failing the 7-pay
test. Under the Internal Revenue Code, any distribution or loan made within two
Policy Years prior to the date that a policy fails the 7-pay test is considered
to have been made in anticipation of the failure.
POLICY SURRENDERS AND PARTIAL WITHDRAWALS
Upon a full surrender of a policy for its cash surrender value, you will
recognize ordinary income for federal tax purposes to the extent that the cash
value less surrender charges and any uncollected additional contract charges,
exceeds the investment in your policy (the total of all premiums paid but not
previously recovered plus any other
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consideration paid for the policy). The tax consequences of a partial withdrawal
from your policy will depend upon whether the partial withdrawal results in a
reduction of future benefits under your policy and whether your policy is a
modified endowment contract.
If your policy is not a modified endowment contract, the general rule is
that a partial withdrawal from a policy is taxable only to the extent that it
exceeds the total investment in the policy. An exception to this general rule
applies, however, if a reduction of future benefits occurs during the first
fifteen years after a policy is issued and there is a cash distribution
associated with that reduction. In such a case, the Internal Revenue Code
prescribes a formula under which you may be taxed on all or a part of the amount
distributed. After fifteen years, cash distributions from a policy that is not a
modified endowment contract will not be subject to federal income tax, except to
the extent they exceed the total investment in the policy. We suggest that you
consult with a tax advisor in advance of a proposed decrease in face amount or a
partial withdrawal. In addition, any amounts distributed under a "modified
endowment contract" (including proceeds of any loan) are taxable to the extent
of any accumulated income in the policy. In general, the amount that may be
subject to tax is the excess of the cash value (both loaned and unloaned) over
the previously unrecovered premiums paid.
For purposes of determining the amount of income received upon a
distribution (or loan) from a modified endowment contract, the Internal Revenue
Code requires the aggregation of all modified endowment contracts issued to the
same policyowner by an insurer and its affiliates within the same calendar year.
Therefore, loans and distributions from any one such policy are taxable to the
extent of the income accumulated in all the modified endowment contracts
required to be so aggregated.
If any amount is taxable as a distribution of income under a modified
endowment contract (as a result of a policy surrender, a partial withdrawal or a
loan), it may also be subject to a 10% penalty tax under Internal Revenue Code
Section 72(v). Limited exceptions from the additional penalty tax are available
for certain distributions to individuals who own policies. The penalty tax will
not apply to distributions: (i) that are made on or after the date the taxpayer
attains age 59 1/2; or (ii) that are attributable to the taxpayer's becoming
disabled; or (iii) that are part of a series of substantially equal periodic
payments (made not less frequently than annually) made for the life or life
expectancy of the taxpayer.
POLICY LOANS AND INTEREST DEDUCTIONS
We believe that under current law any loan received under your policy will
be treated as policy debt to you and that, unless your policy is a modified
endowment contract, no part of any loan under your policy will constitute income
to you. If your policy is a modified endowment contract (see discussion above)
loans will be fully taxable to the extent of the income in the policy (and in
any other contracts with which it must be aggregated) and could be subject to
the additional 10% tax.
Internal Revenue Code Section 264 provides that interest paid or accrued on
a loan in connection with a Policy is generally nondeductible. Certain
exceptions apply, however, with respect to policies covering key employees. In
addition, in the case of policies not held by individuals, special rules may
limit the deductibility of interest on loans that are not made in connection
with a policy. We suggest consultation with a tax advisor for further guidance.
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CORPORATE OWNERS
If you are a corporation, ownership of a policy may affect your exposure to
the corporate alternative minimum tax. If you intend to use the policies to fund
deferred compensation arrangements, you should consider the tax consequences of
these arrangements. You should consult your tax advisors on these matters.
EXCHANGES OR ASSIGNMENTS OF POLICIES
If you change the policyowner or exchange or assign your policy, it may
have significant tax consequences depending on the circumstances. For example,
an assignment or exchange of the policy may result in taxable income to you.
Further, Internal Revenue Code Section 101(a) provides, subject to certain
exceptions, that where a policy has been transferred for value, only the portion
of the life insurance benefit which is equal to the total consideration paid for
the policy may be excluded from gross income. For complete information with
respect to policy assignments and exchanges, a qualified tax advisor should be
consulted.
REASONABLENESS REQUIREMENT FOR CHARGES
Another provision of the tax law deals with allowable charges for mortality
costs and other expenses that are used in making calculations to determine
whether a policy qualifies as life insurance for federal income tax purposes.
For life insurance policies entered into on or after October 21, 1988, these
calculations must be based upon reasonable mortality charges and other charges
reasonably expected to be actually paid. The Treasury Department has issued
proposed regulations and is expected to promulgate temporary or final
regulations governing reasonableness standards for mortality charges.
LIVING BENEFITS RIDER (ALSO KNOWN AS ACCELERATED BENEFITS RIDER)
A Living Benefits Rider is available in connection with the policy. Amounts
received under this rider will generally be excludable from your gross income
under Section 101(g) of the Internal Revenue Code. The exclusion from gross
income will not apply, however, if you are not the insured or if you do not have
an insurable interest in the life of the insured either because the insured is
your director, officer or employee or because the insured has a financial
interest in a business of yours.
In some cases, there may be a question as to whether a life insurance
policy that has an accelerated living benefit rider can meet certain technical
aspects of the definition of "life insurance contract" under the Internal
Revenue Code. We reserve the right (but we are not obligated) to modify the
rider to conform with requirements the Internal Revenue Service may enact.
INSURANCE EXCHANGE RIDER
The Internal Revenue Service has ruled that an exchange of policies
pursuant to this type of rider does not qualify as a tax-deferred exchange under
Section 1035 of the Internal Revenue Code. Accordingly, the exercise of your
rights under this rider will result in a taxable event. You will be required to
include in gross income an amount equal to the gain in the policy. The exercise
of your rights under this rider may also result in the new policy being
classified as a modified endowment contract. For more information about
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modified endowment contracts, see page 63. You should discuss with your tax
adviser the potential adverse tax consequences of exercising your rights under
this rider.
OTHER TAX ISSUES
Federal estate and state and local estate, inheritance, and other tax
consequences of ownership or receipt of Policy Proceeds depend on the
circumstances of each policyowner or beneficiary.
QUALIFIED PLANS
The policies are intended to be used with plans qualified under Section
401(a) of the Internal Revenue Code. While these plans include profit sharing
plans, 401(k) plans, money purchase pension plans and defined benefit plans,
purchasers of these Policies should seek competent legal and tax advice
regarding the suitability of these Policies for all types of plans qualified
under Section 401(a). Generally, employer contributions to plans qualified under
Section 401(a) and earnings thereon are not taxed to participants until
distributed in accordance with plan provisions.
WITHHOLDING
Under Section 3405 of the Internal Revenue Code, withholding is generally
required with respect to certain taxable distributions under insurance policies.
In the case of periodic payments (payments made as an annuity or on a similar
basis), the withholding is at graduated rates (as though the payments were
employee wages). With respect to non-periodic distributions, the withholding is
at a flat rate of 10%. You can elect to have either non-periodic or periodic
payments made without withholding except where your tax identification number
has not been furnished to us, or where the Internal Revenue Service has notified
us that a tax identification number is incorrect.
Different withholding rules apply to payments made to U.S. citizens living
outside the United States and to non-U.S. citizens living outside of the United
States. U.S. citizens who live outside of the United States generally are not
permitted to elect not to have federal income taxes withheld from payments.
Payments to non-U.S. citizens who are not residents of the United States
generally are subject to 30% withholding, unless an income tax treaty between
their country of residence and the United States provides for a lower rate of
withholding or an exemption from withholding.
ABOUT NYLIAC
NYLIAC is a stock life insurance company incorporated in Delaware in 1980.
NYLIAC is licensed to sell life, accident and health insurance and annuities in
the District of Columbia and all states. In addition to the policies described
in this prospectus, NYLIAC offers other life insurance policies and annuities.
NYLIAC's financial statements are also included in this prospectus. NYLIAC's
principal business address is 51 Madison Avenue, New York, New York 10010.
NYLIAC is a wholly-owned subsidiary of New York Life Insurance Company
("New York Life"), a mutual life insurance company founded in New York in 1845.
NYLIAC had total assets amounting to $25.117 billion at the end of 1998. New
York Life has invested in NYLIAC, and will, occasionally make additional
contributions to NYLIAC in order to maintain capital and surplus in accordance
with state requirements.
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YEAR 2000 READINESS
We rely upon various computer systems to process all policy transactions
and valuations. These systems are being adjusted to enable us to continue to
administer the policies in Year 2000 and later. As is the case with most systems
projects, risks and uncertainties exist, in part due to our reliance on systems
that belong to service providers who are not affiliated with NYLIAC.
We are devoting substantial resources to make all necessary systems
modifications, and have received assurances from our service providers that they
are taking all necessary steps to address Year 2000 modifications with respect
to the computer systems that they use. Although we cannot give you guarantees,
we expect that the necessary changes will be completed on time and in a way that
will result in no disruption to our policy servicing operations.
DIRECTORS AND PRINCIPAL OFFICERS OF NYLIAC
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DIRECTORS: POSITIONS DURING LAST FIVE YEARS:
Seymour Sternberg......................... Chairman of the Board, Chief Executive Officer and
President of New York Life from April 1997 to date;
President and Chief Operating Officer of New York
Life from October 1995 to April 1997; Vice Chairman
and President Elect from February 1995 to October
1995; Executive Vice President prior thereto.
President of NYLIAC from November 1995 to May 1997.
Richard M. Kernan, Jr..................... Executive Vice President and Chief Investment Officer
of New York Life from March 1991 to date.
Robert D. Rock............................ Senior Vice President in charge of the Individual
Annuity Department of New York Life from March 1992
to date; Vice President prior thereto. Senior Vice
President of NYLIAC from April 1992 to date.
Frederick J. Sievert...................... Vice Chairman of New York Life from January 1997 to
date; Executive Vice President from February 1995 to
January 1997; Senior Vice President and Chief
Financial Officer--Individual Operations prior
thereto. President of NYLIAC from May 1997 to date;
Executive Vice President from November 1995 to May
1997; Senior Vice President prior thereto.
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<TABLE>
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George J. Trapp........................... Executive Vice President of New York Life from June
1995 to date and Corporate Secretary of New York Life
from November 1995 to date; Senior Vice President of
New York Life from 1991 until June 1995. Member of
the Executive Management Committee of New York Life
since 1994.
Phillip J. Hildebrand..................... Executive Vice President of New York Life from March
1999 to date; Senior Vice President in charge of the
Agency Department of New York Life from 1996 to March
1999. Managing Partner of Dallas General Office of
New York Life from 1994 to 1996.
Frank M. Boccio........................... Senior Vice President in charge of Individual Policy
Services Department of New York Life since July 1995;
Vice President of New York Life from 1994 to July
1995.
Michael G. Gallo.......................... Senior Vice President in charge of the Individual
Life Department of New York Life from July 1995 to
date; Senior Vice President--Northeastern Agencies
from February 1994 to July 1995; Vice President prior
thereto. Senior Vice President of NYLIAC from August
1995 to date.
Solomon Goldfinger........................ Senior Vice President and Chief Financial Officer in
charge of the Financial Management Department of New
York Life from July 1995 to date; Senior Vice
President in charge of the Individual Life Department
prior thereto. Senior Vice President of NYLIAC from
April 1992 to date.
Howard I. Atkins.......................... Executive Vice President and Chief Financial Officer
of New York Life and NYLIAC from April 1996 to date;
Chief Financial Officer of Midlantic Corporation
prior thereto.
OFFICERS:
Jay S. Calhoun, III....................... Senior Vice President and Treasurer of New York Life
from March 1997 to date; Vice President and Treasurer
from November 1992 to March 1997; Corporate Vice
President prior thereto. Senior Vice President and
Treasurer of NYLIAC from May 1997 to date; Vice
President and Treasurer of NYLIAC from January 1993
to May 1997.
</TABLE>
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<PAGE> 73
<TABLE>
<S> <C>
Jean E. Hoysradt.......................... Senior Vice President in charge of the Investment
Department of New York Life from March 1992 to date;
Senior Vice President of NYLIAC from April 1992 to
date.
Maryann L. Ingenito....................... Vice President of New York Life from April 1990 to
date. Vice President and Controller (Principal
Accounting Officer) of NYLIAC from December 1994 to
date; Vice President and Assistant Controller prior
thereto.
Frank J. Ollari........................... Senior Vice President in charge of the Mortgage
Finance Department of New York Life from October 1989
to date. Senior Vice President of NYLIAC from April
1992 to date.
Joel M. Steinberg......................... Vice President and Actuary of New York Life from
March 1998 to date; Corporate Vice President and
Actuary from March 1996 to March 1998; Actuary prior
thereto. Vice President and Actuary of NYLIAC from
March 1998 to date.
Stephen N. Steinig........................ Senior Vice President and Chief Actuary of New York
Life from February 1994 to date; Chief Actuary and
Controller prior thereto. Senior Vice President and
Chief Actuary of NYLIAC from May 1991 to date.
</TABLE>
RECORDS AND REPORTS
New York Life or NYLIAC maintains all records and accounts relating to the
Separate Account and the Fixed Account. Each year we will mail you a report
showing the cash value, cash surrender value and outstanding loans (including
accrued loan interest) as of the latest policy anniversary. This report contains
any additional information required by any applicable law or regulation. We will
also mail you a report each quarter showing this same information as of the end
of the previous quarter.
Reports and promotional literature may contain the ratings New York Life
and NYLIAC have received from independent rating agencies. Both companies are
among only a few companies that have consistently received among the highest
possible ratings from the four major independent rating companies: A.M. Best and
Moody's Investor's Services Inc. (for financial strength and stability) and
Standard and Poor's and Duff & Phelps (for claims paying ability). However,
neither New York Life nor NYLIAC guarantees the investment performance of the
Investment Divisions.
69
<PAGE> 74
SALES AND OTHER AGREEMENTS
NYLIFE Distributors Inc. ("NYLIFE Distributors"), 51 Madison Avenue, New
York, New York 10010, is the principal underwriter and the distributor of the
policies and is an indirect wholly-owned subsidiary of New York Life. The
commissions paid to registered representatives of broker-dealers who have
entered into dealer agreements with NYLIFE Distributors differ, based on a
choice of the following three compensation options:
(1) Level commission payments during first five Policy Years, which will
not exceed 20% of the premiums paid up to a policy's target premium,
plus 3.5% of premiums paid in excess of such amount. In addition, asset
based trail compensation will be paid beginning in the sixth Policy
Year.
(2) Commissions paid during the first Policy Year will not exceed 50% of
the premiums paid up to a policy's target premium (not to exceed 20% in
the second Policy Year and 10% in the third Policy Year), plus 3.5% of
premiums paid in excess of such amount. In addition, asset based trail
compensation will be paid beginning in the fourth Policy Year.
(3) Commissions paid during the first Policy Year will not exceed 50% of
the premiums paid up to a policy's target premium plus 3.5% of premiums
paid in excess of such amount.
Commissions in excess of the percentage payable on renewal premiums are
available for premiums paid in connection with most increases in a policy's face
amount. Registered representatives who meet certain productivity standards
and/or participate in certain programs may receive additional compensation. From
time to time, NYLIFE Distributors may enter into a special arrangement with a
broker-dealer, which provides for the payment of higher commissions to such
broker-dealer in connection with sales of the policies. Purchasers of the
policies will be informed prior to purchase of any applicable special
arrangement.
LEGAL PROCEEDINGS
NYLIAC is a defendant in individual and/or alleged class action suits
arising from its agency sales force, insurance (including variable contracts
registered under the federal securities law), investment, retail securities
and/or other operations, including actions involving retail sales practices.
Most of these actions also seek substantial or unspecified compensatory and
punitive damages. NYLIAC is also from time to time involved as a party in
various governmental, administrative, and investigative proceedings and
inquiries.
Given the uncertain nature of litigation and regulatory inquiries, the
outcome of which cannot be predicted. NYLIAC nevertheless believes that, after
provisions made in the financial statements, the ultimate liability that could
result from litigation and proceedings would not have a material adverse effect
on NYLIAC's financial position; however, it is possible that settlements or
adverse determinations in one or more actions or other proceedings in the future
could have a material adverse effect on NYLIAC's operating results for a given
year.
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<PAGE> 75
INDEPENDENT ACCOUNTANTS
We have included the financial statements of NYLIAC and the Separate
Account in reliance on the reports of PricewaterhouseCoopers LLP, independent
accountants, given on the authority of that firm as experts in accounting and
auditing.
EXPERTS
Eugenia Bomash, FSA, MAAA, Associate Actuary, has examined actuarial
matters in this prospectus. We have filed an opinion on actuarial matters as an
exhibit to the registration statements we filed with the SEC.
FINANCIAL STATEMENTS
We have included in this prospectus the audited financial statements of
NYLIAC (including the auditor's report) for the fiscal years ended December 31,
1998, 1997 and 1996, and of the Separate Account (including the auditor's
report) for the years ended December 31, 1998 and 1997. You should consider the
financial statements of NYLIAC as bearing only upon the ability of NYLIAC to
meet its obligations under the policy.
71
<PAGE> 76
FINANCIAL STATEMENTS
(to be filed by amendment)
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<PAGE> 78
APPENDIX A
ILLUSTRATIONS
The following tables demonstrate the way in which your policy works. The
tables are based on the age, sex, underwriting class, initial Life Insurance
Benefit and premium as follows:
The tables are for a policy issued to a male with non-smoker underwriting
class and issue age 35 with a planned annual premium of $ , a target
premium of $ , an initial face amount of $250,000 and no riders. It
assumes that 100% of the net premium is allocated to purchase accumulation
units.
The tables show how the Life Insurance Benefit, cash value and cash
surrender value would vary over an extended period of time assuming hypothetical
gross rates of return equivalent to a constant annual rate of 0%, 6% or 12%. The
tables will assist in the comparison of the Life Insurance Benefit, cash value
and cash surrender value of the policy with other variable life insurance plans.
The Life Insurance Benefit, cash value and cash surrender value for a
policy would be different from the amounts shown if the actual gross rates of
return averaged 0%, 6% or 12%, but varied above and below those averages for the
period. They would also be different depending on the allocation of the cash
value among the Investment Divisions of the Separate Account and the Fixed
Account, if the actual gross rate of return for all Investment Divisions
averaged 0%, 6% or 12%, but varied above or below that average for individual
Investment Divisions. They would also differ if any policy loans or partial
withdrawals were made or if premium payments were not paid on the policy
anniversary during the period of time illustrated.
The first table reflects all charges under the policy and assumes that the
cost of insurance charges are based on our current cost of insurance rates and
reflects the deduction of all charges from planned premium and the cash value at
their current levels. It also reflects a daily mortality and expense risk charge
assessed against the Separate Account equal to an annual rate of 0.50% (on a
current basis) of the assets in the Separate Account and a monthly Separate
Account administrative charge assessed against the Separate Account equal to an
annual rate of % on the assets in each Investment Division.
The second table reflects all charges under the policy and assumes that the
cost of insurance charges are based on our guaranteed maximum cost of insurance
rates and reflects the deduction of all charges from planned premium and the
cash value at their guaranteed maximum levels. It also reflects a daily
mortality and expense risk charge assessed against the Separate Account equal to
an annual rate of 0.80% (on a guaranteed basis) of the assets in the Separate
Account and a monthly Separate Account administrative charge assessed against
the Separate Account equal to an annual rate of 0.20% on the assets in each
Investment Division.
The tables also reflect total assumed investment advisory fees together
with the expenses incurred by the Funds of % of the average daily net
assets of the Funds. This total is based upon (a) % of average daily net
assets, which is an average of the management fees of each Investment Division;
(b) % of average daily net assets of the Funds which is an average of
actual administrative fees for each Investment Division; and (c) % of
average daily net assets of the Funds which is an average of the other expenses
after expense reimbursement for each Investment Division.
"Other Expenses" and "Total Fund Annual Expenses" for the MainStay VP
Convertible and MainStay VP International Equity Portfolios reflect an expense
reimbursement agreement that ended December 31, 1998 limiting "Other Expenses"
to 0.17% annually. In the absence of the expense reimbursement arrangement, the
"Total Fund Annual Expenses" for the year ended December 31, 1998 would have
been 1.17% for the MainStay VP International Equity Portfolio.
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<PAGE> 79
For the Calvert Social Balanced Portfolio, the fees are based on expenses
for the fiscal year 1998, and have been restated to reflect the complete
assessment of transfer agency expenses of 0.03% expected to be incurred in 1999.
"Other Expenses" reflect an indirect fee. "Total Fund Annual Expenses" after
reductions for fees paid indirectly, which are restated, would have been 0.86%.
A portion of the brokerage commissions that the Fidelity VIP II Contrafund
and Fidelity VIP Equity Income Portfolios pay was used to reduce the Portfolios'
expenses. In addition, these Portfolios have entered into arrangements with
their custodian whereby credits realized as a result of uninvested cash balances
were used to reduce custodian expenses. Including these reductions, the "Total
Fund Annual Expenses" would have been 0.66% for the Fidelity VIP II Contrafund
Portfolio and 0.57% for the Fidelity VIP Equity-Income Portfolio.
The "Total Fund Annual Expenses" for the Janus Aspen Series Worldwide
Growth Portfolio include a fee reduction to reduce the "Advisory Fees" to the
level of the corresponding Janus retail fund. Other waivers, if applicable, are
first applied against the "Advisory Fees" and then against "Other Expenses".
Janus Capital Corporation has agreed to continue the other waivers and fee
reductions until at least the next annual renewal of the advisory agreement.
Absent such waivers or reductions, the " Total Fund Annual Expenses" for the
fiscal year ended December 31, 1998 would have been 0.74% for the Portfolio.
Morgan Stanley Dean Witter Investment Management Inc. has voluntarily
waived receipt of its "Advisory Fees" and agreed to reimburse the Portfolio, if
necessary, to the extent that the "Total Fund Annual Expenses" of the Portfolio
exceed 1.75% of average daily net assets. However, Morgan Stanley Dean Witter
has reflected under "Other Expenses" the Portfolio's interest and foreign tax
expenses incurred in 1998 which were equal to 0.20% of the Portfolio's average
daily net assets. The fee waivers and reimbursements described above may be
terminated by Morgan Stanley Dean Witter at any time without notice. Absent such
reductions, it is estimated that "Advisory Fees", "Administration Fees" and
"Total Fund Annual Expenses" would be 1.25%, 0.25% and 3.45%, respectively.
Taking into account the assumed charges for mortality and expense risks in
the Separate Account, the Separate Account administrative charge and the average
investment advisory fees and expenses of the Funds, the gross rates of return of
0%, 6% and 12% would correspond to illustrated net investment returns of %,
% and %, respectively, based on the current charge for mortality and
expense risks, and %, % and %, respectively, based on the
guaranteed maximum charge for mortality and expense risks.
The actual investment advisory fees and expenses may be more or less than
the amounts illustrated and will depend on the allocations made by the
policyowner.
The second column of each table shows the amount which would accumulate if
an amount equal to the planned premiums were invested and earned interest, after
taxes, at 5% per year, compounded annually.
NYLIAC will furnish upon request a comparable illustration using the age,
sex and underwriting classification of the insured for any initial Life
Insurance Benefit and premium requested. In addition to an illustration assuming
policy charges at their maximum, we will furnish an illustration assuming
current policy charges and current cost of insurance rates.
A-2
<PAGE> 80
FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE 2000 INSURANCE POLICY
MALE ISSUE AGE: 35, NON-SMOKER
PLANNED ANNUAL PREMIUM: $
TARGET PREMIUM: $
INITIAL FACE AMOUNT: $250,000
LIFE INSURANCE BENEFIT OPTION 1
ASSUMING CURRENT CHARGES
<TABLE>
<CAPTION>
END OF YEAR DEATH BENEFIT(2) END OF YEAR CASH VALUE(2)
ASSUMING HYPOTHETICAL GROSS ASSUMING HYPOTHETICAL GROSS
TOTAL PREMIUMS PAID ANNUAL INVESTMENT RETURN OF ANNUAL INVESTMENT RETURN OF
VALUE(2) PLUS INTEREST AT 5% --------------------------------- -----------------------------
POLICY YEAR AS OF END OF YEAR(1) 0% 6% 12% 0% 6% 12%
- ----------- -------------------- --------- --------- --------- ------- ------- ---------
<S> <C> <C> <C> <C> <C> <C> <C>
1
2
3
4
5
6
7
8
9
10
15
20
30
<CAPTION>
END OF YEAR
CASH SURRENDER VALUE
ASSUMING HYPOTHETICAL GROSS
ANNUAL INVESTMENT RETURN OF
VALUE(2) -----------------------------
POLICY YEAR 0% 6% 12%
- ----------- ------- ------- ---------
<S> <C> <C> <C>
1
2
3
4
5
6
7
8
9
10
15
20
30
</TABLE>
- ------------
(1) All premiums are illustrated as if made at the beginning of the Policy Year.
(2) Assumes no policy loan or partial withdrawal has been made.
WE EMPHASIZE THAT THE HYPOTHETICAL INVESTMENT RATES OF RETURN SHOWN ABOVE
ARE ILLUSTRATIVE ONLY AND YOU SHOULD NOT DEEM THEM TO BE A REPRESENTATION OF
PAST OR FUTURE INVESTMENT RATES OF RETURN. ACTUAL RATES OF RETURN MAY BE MORE OR
LESS THAN THOSE SHOWN AND WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING THE
INVESTMENT ALLOCATIONS MADE BY AN OWNER AND THE INVESTMENT EXPERIENCE OF THE
PORTFOLIOS OF THE FUNDS. THE DEATH BENEFIT, CASH VALUE AND CASH SURRENDER VALUE
FOR A POLICY WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL GROSS ANNUAL
RATES OF RETURN AVERAGED 0%, 6% OR 12% OVER A PERIOD OF YEARS, BUT ALSO
FLUCTUATED ABOVE OR BELOW THOSE AVERAGES FOR INDIVIDUAL POLICY YEARS. THEY WOULD
ALSO BE DIFFERENT IF ANY POLICY LOANS OR PARTIAL WITHDRAWALS WERE MADE. NEITHER
NEW YORK LIFE INSURANCE AND ANNUITY COMPANY, THE SEPARATE ACCOUNTS, NOR THE
FUNDS REPRESENT THAT THESE HYPOTHETICAL RATES OF RETURN CAN BE ACHIEVED FOR ANY
ONE YEAR OR SUSTAINED OVER A PERIOD OF TIME.
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<PAGE> 81
FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE 2000 INSURANCE POLICY
MALE ISSUE AGE: 35, NON-SMOKER
PLANNED ANNUAL PREMIUM: $
TARGET PREMIUM: $
INITIAL FACE AMOUNT: $250,000
LIFE INSURANCE BENEFIT OPTION 1
ASSUMING GUARANTEED CHARGES
<TABLE>
<CAPTION>
END OF YEAR DEATH BENEFIT(2) END OF YEAR CASH VALUE(2)
ASSUMING HYPOTHETICAL GROSS ASSUMING HYPOTHETICAL GROSS
TOTAL PREMIUMS PAID ANNUAL INVESTMENT RETURN OF ANNUAL INVESTMENT RETURN OF
VALUE(2) PLUS INTEREST AT 5% --------------------------------- -----------------------------
POLICY YEAR AS OF END OF YEAR(1) 0% 6% 12% 0% 6% 12%
- ----------- -------------------- --------- --------- --------- ------- ------- ---------
<S> <C> <C> <C> <C> <C> <C> <C>
1
2
3
4
5
6
7
8
9
10
15
20
30
<CAPTION>
END OF YEAR
CASH SURRENDER VALUE
ASSUMING HYPOTHETICAL GROSS
ANNUAL INVESTMENT RETURN OF
VALUE(2) -----------------------------
POLICY YEAR 0% 6% 12%
- ----------- ------- ------- ---------
<S> <C> <C> <C>
1
2
3
4
5
6
7
8
9
10
15
20
30
</TABLE>
- ------------
(1) All premiums are illustrated as if made at the beginning of the Policy Year.
(2) Assumes no policy loan or partial withdrawal has been made.
* Without additional premiums above the annual planned premium, the policy
would lapse in this scenario.
WE EMPHASIZE THAT THE HYPOTHETICAL INVESTMENT RATES OF RETURN SHOWN ABOVE
ARE ILLUSTRATIVE ONLY AND YOU SHOULD NOT DEEM THEM TO BE A REPRESENTATION OF
PAST OR FUTURE INVESTMENT RATES OF RETURN. ACTUAL RATES OF RETURN MAY BE MORE OR
LESS THAN THOSE SHOWN AND WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING THE
INVESTMENT ALLOCATIONS MADE BY AN OWNER AND THE INVESTMENT EXPERIENCE OF THE
PORTFOLIOS OF THE FUNDS. THE DEATH BENEFIT, CASH VALUE AND CASH SURRENDER VALUE
FOR A POLICY WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL GROSS ANNUAL
RATES OF RETURN AVERAGED 0%, 6% OR 12% OVER A PERIOD OF YEARS, BUT ALSO
FLUCTUATED ABOVE OR BELOW THOSE AVERAGES FOR INDIVIDUAL POLICY YEARS. THEY WOULD
ALSO BE DIFFERENT IF ANY POLICY LOANS OR PARTIAL WITHDRAWALS WERE MADE. NEITHER
NEW YORK LIFE INSURANCE AND ANNUITY COMPANY, THE SEPARATE ACCOUNTS, NOR THE
FUNDS REPRESENT THAT THESE HYPOTHETICAL RATES OF RETURN CAN BE ACHIEVED FOR ANY
ONE YEAR OR SUSTAINED OVER A PERIOD OF TIME.
A-4
<PAGE> 82
APPENDIX B
VARIATIONS BY JURISDICTION
The following lists by jurisdiction any variations to the statements made in
this prospectus.
CALIFORNIA
- -- Free Look--If you cancel your policy, we will pay you your policy's cash
value on the date you return the policy, plus the charges which were deducted
from the premium payments you have made, less any loans and partial
withdrawals you have taken.
COLORADO
- -- Transfers Between Investment Divisions and/or the Fixed Account--If there is
a change in the investment strategy of the Separate Account, you may make an
unrestricted transfer from the Separate Account to the Fixed Account,
regardless of any limits on such transfers which then apply.
- -- The Suicide Exclusion period is one year from the Issue Date.
CONNECTICUT
- -- Loan Interest Rate--Due to state regulation, the loan interest rate is fixed
at 6.0% and may not be changed.
DISTRICT OF COLUMBIA
- -- Free Look--You have until the later of 20 days from the date you receive your
policy, or 45 days from the date the application is signed, to return the
policy and receive a refund. We will allocate the initial premium and any
other premium payments you make during this period to our General Account.
After the free look period, we will allocate your net premiums according to
your instructions.
FLORIDA
- -- Termination and Late Period--The late period is the 31 days following the
Monthly Deduction Day on which the cash surrender value is zero, or less than
zero. We will mail a notice to the policyowner (and any known assignee) at
least 30 days before the end of the late period.
INDIANA
- -- Free Look--You may return the policy to any of our registered
representatives.
MARYLAND
- -- Additional Benefits through Riders--The Guaranteed Minimum Death Benefit
rider is renamed the No Lapse Guarantee Rider (not the same as the "No-lapse
Guarantee" described on page 32).
MASSACHUSETTS
- -- Transfers Between Investment Divisions and/or the Fixed Account--If there is
a change in the investment strategy of the Separate Account, you may make an
unrestricted transfer
B-1
<PAGE> 83
from the Separate Account to the Fixed Account, regardless of any limits on
such transfers which then apply.
MICHIGAN
- -- Living Benefits Rider--The benefit may be exercised if the insured has a life
expectancy of six months or less.
MONTANA
- -- Variable Universal Life 2000--is always issued on a unisex basis in Montana.
Any reference in this prospectus which makes a distinction based on the sex
of the insured should be disregarded for policies issued in this state.
NEW JERSEY
- -- Face Amount Increases--You are allowed to increase your policy's face amount
only once each Policy Year.
- -- Face Amount Decreases--You are allowed to decrease your policy's face amount
only once each Policy Year.
- -- Unplanned Premiums--You are allowed a maximum of twelve unplanned premium
payments each Policy Year.
- -- State Tax Charge--We will not increase the charge above 2.0%.
- -- Changes in Life Insurance Benefit Option--Only one change can be made per
Policy Year.
- -- Partial Withdrawals--You may elect to make only one partial withdrawal in the
first Policy Year, if Life Insurance Benefit Option 1 is in effect.
NEW YORK
- -- Face Amount Increases--You are allowed to increase your policy's face amount
only once each Policy Year.
- -- Face Amount Decreases--You are allowed to decrease your policy's face amount
only once each Policy Year.
- -- Unplanned Premiums--You are allowed a maximum of twelve unplanned premium
payments each Policy Year.
- -- Changes in Life Insurance Benefit Option--Only one change can be made per
Policy Year. If your policy is issued with the Supplementary Term Rider, you
may change your Life Insurance Benefit to Option 2 if the rider ends or is
terminated. However, you must meet the requirements described on page 16 for
selecting this option.
- -- Maturity Date--Your policy will end on the policy anniversary on which the
insured is age 100. The cash surrender value will be paid at that time.
- -- Free Look--You have 10 days from the date you receive your policy to return
the policy and receive a refund. We will allocate the initial premium and any
other premium payments you make during this period to our General Account.
After the free look period, we will allocate your net premiums according to
your instructions.
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<PAGE> 84
- -- Change in Objective of an Investment Division--If there is a change in the
investment strategy of any Investment Division, you have the option of
converting, without evidence of insurability, your policy within 60 days
after the effective date of such change or the date you receive notification
of such change, whichever is later. You may elect to convert your policy to a
new fixed benefit life insurance policy, for an amount of insurance not
greater than the life insurance benefit of the original policy, on the date
of conversion. The new policy will be based on the same issue age, sex and
class of risk as your original policy, but will not offer variable investment
options such as the Investment Divisions. All riders attached to your
original policy will end on the date of any such conversion.
- -- Special Provision Regarding Extended Term Insurance--On each policy
anniversary, you have the right to transfer all of your money in the Separate
Account to the Fixed Account and obtain an extended term insurance benefit.
See your policy for details regarding this option.
NORTH CAROLINA
- -- Free Look--You have until the later of 20 days from the date you receive your
policy, or 45 days from the date the application is signed, to return the
policy and receive a refund. We will allocate the initial premium and any
other premium payments you make during this period to our General Account.
After the free look period, we will allocate your net premiums according to
your instructions.
PENNSYLVANIA
- -- Misstatement of Age or Sex--In the event of such a misstatement, we will
adjust the death benefit provided by your policy, but we will not adjust the
cash value.
TEXAS
- -- Face Amount Increases--You are allowed to increase your policy's face amount
only once each Policy Year.
- -- Face Amount Decreases--You are allowed to decrease your policy's face amount
only once each Policy Year.
- -- Unplanned Premiums--You are allowed a maximum of twelve unplanned premium
payments each Policy Year.
- -- Changes in Life Insurance Benefit Option--Only one change can be made per
Policy Year. If your policy is issued with the Supplementary Term Rider, you
may change your Life Insurance Benefit to Option 2 if the rider ends or is
terminated. However, you must meet the requirements described on page 16 for
selecting this option.
- -- Partial Withdrawals--You may elect to make only one partial withdrawal in the
first Policy Year, if Life Insurance Benefit Option 1 is in effect.
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<PAGE> 86
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<PAGE> 87
PART II
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
Reference is made to Article VIII of the Depositor's By-Laws.
New York Life maintains Directors and Officers Liability/Company
Reimbursement ("D&O") insurance which covers directors, officers and trustees of
New York Life, its subsidiaries, and its subsidiaries and certain affiliates
including the Depositor while acting in their capacity as such. The total annual
aggregate of D&O coverage is $150 million applicable to all insureds under the
D&O policies. There is no assurance that such coverage will be maintained by New
York Life or for the Depositor in the future as, in the past, there have been
large variances in the availability of D&O insurance for financial institutions.
Insofar as indemnification for liability arising under the Securities
Act of 1933 may be permitted to directors, officers and controlling persons of
the Depositor pursuant to the foregoing provisions, or otherwise, the Depositor
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 Depositor of expenses incurred
or paid by a director, officer or controlling person of the Depositor 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 Depositor will, unless in the opinion of its counsel the matter
has been settled by controlling precedent, submit to a court of appropriate
jurisdiction the question whether such indemnification by it is against public
policy as expressed in the Act and will be governed by the final adjudication of
such issue.
REPRESENTATION AS TO THE REASONABLENESS OF AGGREGATE FEES AND CHARGES
New York Life Insurance and Annuity Corporation ("NYLIAC"), the
sponsoring insurance company of the NYLIAC Variable Universal Life Separate
Account-I, hereby represents that the fees and charges deducted under the
Flexible Premium Variable Universal Life 2000 Insurance Policies are reasonable
in relation to the services rendered, the expenses expected to be incurred and
the risks assumed by NYLIAC.
CONTENTS OF REGISTRATION STATEMENT
This Registration Statement comprises the following papers and documents:
The facing sheet.
The prospectus consisting of 80 pages.
The undertaking to file reports.
The undertaking pursuant to Rule 484.
II-1
<PAGE> 88
The representation as to the reasonableness of aggregate fees and charges.
The signatures.
Written consents of the following persons (to be filed by amendment):
(a) Jonathan E. Gaines, Esq.
(b) Eugenia Bomash, Associate Actuary
(c) PricewaterhouseCoopers LLP
The following exhibits:
1. The following exhibits correspond to those required by paragraph A of the
instructions as to exhibits in Form N-8B- 2:
(1) Resolution of the Board of Directors of NYLIAC establishing
the Separate Account - Previously filed as Exhibit (1) to
previously filed in accordance with Regulation S-T, 17 CFR
232.102(e) as Exhibit (1) to Post-Effective Amendment No. 4
on Form S-6 for NYLIAC Variable Universal Life Separate
Account - I (File No. 33-64410), and incorporated herein by
reference.
(2) Not applicable.
(3)(a)(1) Distribution Agreement between NYLIFE Securities Inc. and
NYLIAC - Previously filed in accordance with Regulation S-T,
17 CFR 232.102(e) as Exhibit (3)(a)(1) to Post-Effective
Amendment No. 4 to the registration statement on Form S-6 for
NYLIAC Variable Universal Life Separate Account - I (File
No. 33-64410), and incorporated herein by reference.
(3)(a)(2) Distribution Agreement between NYLIFE Distributors Inc. and
NYLIAC - Previously filed as Exhibit (3)(a)(2) to
Post-Effective Amendment No. 3 to the registration statement
on Form S-6 for NYLIAC Variable Universal Life Separate
Account - I (File No. 33-64410), and incorporated herein by
reference.
(3)(b) Not applicable.
(3)(c) Not applicable.
(4) Not applicable.
(5) Form of Policy for Variable Universal Life Insurance 2000 -
filed herewith.
(5)(a) Form of Accidental Death Benefit Rider - To be filed by
amendment.
(5)(b) Form of Monthly Deduction Waiver Rider - To be filed by
amendment.
(5)(c) Form of Supplementary Term Rider - To be filed by amendment.
(5)(d) Form of Guaranteed Minimum Death Benefit Rider - To be filed
by amendment.
(5)(e) Form of Term Insurance on Other Covered Insured Rider - To be
filed by amendment.
(5)(f) Form of Children's Insurance Rider - To be filed by amendment.
(5)(g) Form of Guaranteed Insurability Rider - To be filed by
amendment.
(5)(h) Form of Living Benefits Rider - To be filed by amendment.
(5)(i) Form of Insurance Exchange Rider - To be filed by amendment.
(5)(j) Form of Spouse's Paid-Up Insurance Purchase Option Rider -
To be filed by amendment.
(6)(a) Certificate of Incorporation of NYLIAC - Previously filed in
accordance with Regulation S-T, 17 CFR 232.102(e) as Exhibit
(6)(a) to the initial registration statement on Form S-6 for
NYLIAC Corporate Sponsored Variable Universal Life Separate
Account-I (File No. 333-07617), and incorporated herein by
reference.
II-2
<PAGE> 89
(6)(b)(1) By-Laws of NYLIAC - Previously filed in accordance with
Regulation S-T, 17 CFR 232.102(e) as Exhibit (6)(b) to the
initial registration statement on Form S-6 for NYLIAC
Corporate Sponsored Variable Universal Life Separate Account-I
(File No. 333-07617), and incorporated herein by reference.
(6)(b)(2) Amendments to By-Laws of NYLIAC - Previously filed in
accordance with Regulation S-T, 17 CFR 232.102(e) as
Exhibit (6)(b) to Pre-Effective Amendment No. 1 to the
registration statement on Form S-6 for NYLIAC Variable
Universal Life Separate Account-I (File No. 333-39157), and
incorporated herein by reference.
(7) Not applicable.
(8) Not applicable.
(9)(a) Stock Sale Agreement between NYLIAC and MainStay VP Series
Fund, Inc. (formerly New York Life MFA Series Fund, Inc.) -
Previously filed as Exhibit (9)(a) to Pre-Effective Amendment
No. 1 to the registration statement on Form S-6 for NYLIAC
Corporate Sponsored Variable Universal Life Separate
Account-I (File No. 333-07617), and incorporated herein by
reference.
(9)(b) Powers of Attorney for the Directors and Officers of NYLIAC -
Previously filed in accordance with Regulation S-T, 17 CFR
232.102(e) as Exhibit (9)(c) to Pre-Effective Amendment No. 2
to the registration statement on Form S-6 for NYLIAC Corporate
Sponsored Variable Universal Life Separate Account-I (File No.
333-07617) for the following, and incorporated herein by
reference:
Jay S. Calhoun, Vice President, Treasurer and Director
(Principal Financial Officer)
Richard M. Kernan, Jr., Director
Robert D. Rock, Senior Vice President and Director
Frederick J. Sievert, President and Director
(Principal Executive Officer)
Stephen N. Steinig, Senior Vice President, Chief
Actuary and Director
Seymour Sternberg, Director
(9)(c) Power of Attorney for Maryann L. Ingenito, Vice President and
Controller (Principal Accounting Officer) - Previously filed
in accordance with Regulation S-T, 17 CFR 232.102(e) as
Exhibit (9)(d) to Pre-Effective Amendment No. 1 to the
registration statement on Form S-6 for NYLIAC Corporate
Sponsored Variable Universal Life Separate Account-I (File No.
333-07617), and incorporated herein by reference.
(9)(d) Power of Attorney for Howard I. Atkins, Executive Vice
President (Principal Financial Officer) - Previously filed as
Exhibit 8(d) to Registrant's Pre-Effective Amendment No. 1 on
Form S-6 (File No. 333-39157), and incorporated herein by
reference.
(9)(e) Memorandum describing NYLIAC's issuance, transfer and
redemption procedures for the Policies - To be filed by
amendment.
(9)(f) Participation Agreement among Acacia Capital Corporation,
Calvert Asset Management Company, Inc. and NYLIAC, as amended
- Previously filed in accordance with Regulation S-T, 17 CFR
232.102(e) as Exhibit (9)(b)(1) to Pre-Effective Amendment No.
1 to the registration statement on Form S-6 for NYLIAC
Corporate Sponsored Variable Universal Life Separate Account-I
(File No. 333-07617), and incorporated herein by reference.
II-3
<PAGE> 90
(9)(g) Participation Agreement among The Alger American Fund, Fred
Alger and Company, Incorporated and NYLIAC - Previously filed
in accordance with Regulation S-T, 17 CFR 232.102(e) as
Exhibit (9)(b)(2) to Pre-Effective Amendment No. 1 to the
registration statement on Form S-6 for NYLIAC Corporate
Sponsored Variable Universal Life Separate Account-I (File No.
333-07617), and incorporated herein by reference.
(9)(h) Participation Agreement between Janus Aspen Series and NYLIAC
- Previously filed in accordance with Regulation S-T, 17 CFR
232.102(e) as Exhibit (9)(b)(3) to Pre-Effective Amendment No.
1 to the registration statement on Form S-6 for NYLIAC
Corporate Sponsored Variable Universal Life Separate Account-I
(File No. 333-07617), and incorporated herein by reference.
(9)(i) Participation Agreement among Morgan Stanley Universal Funds,
Inc., Morgan Stanley Asset Management Inc. and NYLIAC -
Previously filed in accordance with Regulation S-T, 17 CFR
232.102(e) as Exhibit (9)(b)(4) to Pre-Effective Amendment No.
1 to the registration statement on Form S-6 for NYLIAC
Corporate Sponsored Variable Universal Life Separate Account-I
(File No. 333-07617), and incorporated herein by reference.
(9)(j) Participation Agreement among Variable Insurance Products
Fund, Fidelity Distributors Corporation and NYLIAC -
Previously filed in accordance with Regulation S-T, 17 CFR
232.102(e) as Exhibit (9)(b)(5) to Pre-Effective Amendment No.
1 to the registration statement on Form S-6 for NYLIAC
Corporate Sponsored Variable Universal Life Separate Account-I
(File No. 333-07617), and incorporated herein by reference.
(9)(k) Participation Agreement among Variable Insurance Products Fund
II, Fidelity Distributors Corporation and NYLIAC - Previously
filed in accordance with Regulation S-T, 17 CFR 232.102(e) as
Exhibit (9)(b)(6) to Pre-Effective Amendment No. 1 to the
registration statement on Form S-6 for NYLIAC Corporate
Sponsored Variable Universal Life Separate Account-I (File No.
333-07617), and incorporated herein by reference.
(9)(l) Power of Attorney for Certain Directors of NYLIAC -
Previously filed as Exhibit 10(e) to Post-Effective Amendment
No. 6 to the registration statement on Form N-4 for NYLIAC
Variable Annuity Separate Account - III (File No. 33-87382),
and incorporated herein by reference for the following:
George J. Trapp, Director
Frank M. Boccio, Director
Phillip J. Hildebrand, Director
Michael G. Gallo, Director
Solomon Goldfinger, Director
Howard I. Atkins, Director
(9)(m) Participation Agreement among T. Rowe Price Equity Series,
Inc., T. Rowe Price Associates, Inc. and NYLIAC - Previously
filed in accordance with Regulation S-T, 17 CFR 232.102(e) as
Exhibit (8)(h) to Post-Effective Amendment No. 7 to the
registration statement on Form N-4 for NYLIAC Variable
Annuity Separate Account - I (File No. 33-53342), and
incorporated herein by reference.
(10) Form of Application - To be filed by amendment.
2. Opinion and Consent of Jonathan E. Gaines, Esq. - To be filed
by amendment.
3. Not applicable.
4. Not applicable.
5. Not applicable.
6. Opinion and Consent of Eugenia Bomash, Associate Actuary -
To be filed by amendment.
7. Consent of PricewaterhouseCoopers LLP - To be filed by
amendment.
II-4
<PAGE> 91
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the Registrant,
NYLIAC Variable Universal Life Separate Account-I, certifies that it has duly
caused this Registration Statement to be signed on its behalf by the
undersigned thereunto duly authorized, in the City and State of New York on the
26th day of May, 1999.
NYLIAC VARIABLE UNIVERSAL LIFE
SEPARATE ACCOUNT-I
(Registrant)
By /s/ MELVIN J. FEINBERG
-------------------------------------
Melvin J. Feinberg
Vice President and Actuary
NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION
(Depositor)
By /s/ MELVIN J. FEINBERG
-------------------------------------
Melvin J. Feinberg
Vice President and Actuary
As required by the Securities Act of 1933, this Registration Statement has been
signed by the following persons in the capacities and on the date indicated.
Howard I. Atkins* Executive Vice President and Director
(Principal Financial Officer)
Frank M. Boccio* Director
Michael G. Gallo* Director
Solomon Goldfinger* Director
Phillip J. Hildebrand* Director
Maryann L. Ingenito* Vice President and Controller (Principal
Accounting Officer)
Richard M. Kernan, Jr.* Director
Robert D. Rock* Senior Vice President and Director
Frederick J. Sievert* President and Director (Principal Executive
Officer)
Seymour Sternberg* Director
George J. Trapp* Director
*By /s/ MELVIN J. FEINBERG
-------------------------------------
Melvin J. Feinberg
Attorney-in-Fact
May 26, 1999
II-5
<PAGE> 92
EXHIBIT INDEX
Exhibit
Number Description
- ------ -----------
(5) Form of Policy for Variable Universal Life 2000 Insurance
Policies
<PAGE> 1
EXHIBIT 5
INSURED --- JOHN DOE
POLICY NUMBER -- 66 000 000
POLICY DATE -- OCTOBER 1, 1999
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A Delaware Corporation)
THE CORPORATION will pay the benefits of this policy in accordance with its
provisions. The pages which follow are also a part of this policy.
RIGHT TO EXAMINE POLICY. Please examine your policy. Within 20 days after
delivery, you can return the policy to the Corporation or to the Registered
Representative through whom it was purchased. If this policy is returned, the
policy will be void from the start and a refund will be made. The amount we
refund will equal the greater of the policy's cash value as of the date the
policy is returned or the premiums paid, less loans and withdrawals.
VARIABLE LIFE INSURANCE BENEFIT. THE LIFE INSURANCE BENEFIT OF THIS POLICY MAY
INCREASE OR DECREASE, DEPENDING ON THE INVESTMENT EXPERIENCE OF THE SEPARATE
ACCOUNT AND THE LIFE INSURANCE BENEFIT OPTION SELECTED. FURTHER INFORMATION
REGARDING THIS BENEFIT IS GIVEN IN THE LIFE INSURANCE BENEFITS SECTION ON PAGE 4
OF THE POLICY.
CASH VALUE. TO THE EXTENT THE POLICY'S CASH VALUE IS ALLOCATED TO THE INVESTMENT
DIVISIONS OF THE SEPARATE ACCOUNT, THE CASH VALUE OF THIS POLICY WILL VARY FROM
DAY TO DAY REFLECTING THE INVESTMENT EXPERIENCE OF THE SEPARATE ACCOUNT. THE
METHOD OF DETERMINING THE CASH VALUE IS DESCRIBED IN THE CASH VALUE AND LOANS
SECTION. THERE IS NO GUARANTEED MINIMUM CASH VALUE.
PAYMENT OF PREMIUMS. While this policy is in force, premiums can be paid at any
time before the policy anniversary on which the Insured is age 100, and while
the Insured is living. They can be paid at any interval or by any method we make
available, subject to any limitations set forth in the Premiums section. The
amount and interval of planned premiums, as stated in the application for this
policy, are shown on the Policy Data page.
EFFECTIVE DATE OF COVERAGE. Coverage under this policy will take effect on the
later of the policy date or the date we receive your initial premium payment.
[sig]
President
[sig]
Secretary
VARIABLE UNIVERSAL LIFE INSURANCE POLICY
Variable Life Insurance Benefit - Flexible Premium Payments
Proceeds Payable at Insured's Death.
AMOUNT OF VARIABLE LIFE INSURANCE OR CASH VALUE
PROCEEDS MAY VARY, REFLECTING INVESTMENT EXPERIENCE
OF SEPARATE ACCOUNT.
No Premiums Payable on or After Age 100.
Policy is Non-Participating.
799-90
<PAGE> 2
INSURED -- JOHN DOE INSURED'S AGE AND SEX
AT ISSUE - 35 MALE
POLICY NUMBER -- 66 000 000
INSURED'S CLASS
POLICY DATE -- OCTOBER 1, 1999 OF RISK -- NON-SMOKER
ISSUE DATE -- OCTOBER 1, 1999
PLAN -- NYLIAC VARIABLE UNIVERSAL LIFE 2000
INITIAL FACE AMOUNT -- $100,000 LIFE INSURANCE BENEFIT OPTION - 1
BENEFICIARY/OWNER AS DESIGNATED IN THE APPLICATION UNLESS CHANGED AS PROVIDED IN
THE POLICY.
PLANNED PREMIUMS PAYABLE * AT ANNUAL INTERVALS: $1,000.00
MINIMUM MONTHLY PREMIUM: $79.30 #@
* PREMIUMS CANNOT BE PAID ON OR AFTER THE POLICY ANNIVERSARY ON WHICH THE
INSURED IS AGE 100, WHICH IS OCTOBER 1, 2064. COVERAGE WILL EXPIRE WHEN
THE CASH VALUE LESS SURRENDER CHARGES, AND LESS ANY UNPAID LOAN AND
ACCRUED INTEREST, IS INSUFFICIENT TO COVER THE MONTHLY DEDUCTION. IN
ADDITION, BECAUSE POLICY VALUES ARE BASED ON THE INVESTMENT PERFORMANCE
OF THE SEPARATE ACCOUNT, PAYMENT OF PREMIUMS IN ANY FREQUENCY OR AMOUNT
WILL NOT GUARANTEE THAT THE POLICY WILL REMAIN IN FORCE TO THE DATE
SHOWN.
MONTHLY DEDUCTION DAY - FIRST DAY OF EACH CALENDAR MONTH
#@ DURING THE FIRST 3 POLICY YEARS, WE GUARANTEE THIS POLICY WILL NOT LAPSE
AS LONG AS THE TOTAL AMOUNT OF PREMIUMS YOU HAVE PAID (LESS ANY LOANS AND
PARTIAL WITHDRAWALS) IS AT LEAST EQUAL TO THE MINIMUM MONTHLY PREMIUM
SHOWN ABOVE MULTIPLIED BY THE NUMBER OF MONTHS THE POLICY HAS BEEN IN
FORCE. THIS GUARANTEE WILL END: (1) ON THE THIRD POLICY ANNIVERSARY; OR
(2) IF THE FACE AMOUNT OF THIS POLICY IS CHANGED OR IF A RIDER IS ADDED
TO OR DELETED FROM THIS POLICY DURING THE FIRST 3 POLICY YEARS.
PAGE 2 POLICY DATA NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
9990-2
<PAGE> 3
POLICY NUMBER -- 66 000 000 INSURED - JOHN DOE
ADDITIONAL
BENEFITS AMOUNT MONTHLY RIDER COSTS
THE FIXED ACCOUNT WILL BE CREDITED WITH INTEREST USING A RATE WHICH WE SET IN
ADVANCE AT LEAST ANNUALLY. THIS RATE IS GUARANTEED TO BE AT LEAST 3% PER YEAR.
THE MORTALITY TABLE REFERRED TO IN SECTION 9.18 IS THE COMMISSIONERS' 1980
STANDARD ORDINARY SMOKER OR NONSMOKER TABLE OF MORTALITY.
PAGE 2 (Cont) POLICY DATA NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
9990-2
<PAGE> 4
POLICY NUMBER -- 66 000 000 INSURED - JOHN DOE
TABLE OF EXPENSE CHARGES
MONTHLY CHARGES WHICH ARE DEDUCTED FROM THE CASH VALUE:
- - A MONTHLY CONTRACT CHARGE NOT TO EXCEED $31 PER MONTH IN THE FIRST POLICY
YEAR AND $11 PER MONTH FOR EACH POLICY YEAR THEREAFTER .**
- - MONTHLY COST OF INSURANCE FOR THE BASIC POLICY.
- - MONTHLY COST OF ANY RIDERS.
- - A SEPARATE ACCOUNT ADMINISTRATIVE CHARGE WHICH WILL NOT EXCEED, ON AN
ANNUAL BASIS, .2% OF THE AMOUNT OF CASH VALUE YOU HAVE IN THE SEPARATE
ACCOUNT ( DOES NOT APPLY TO THE FIXED ACCOUNT).
OTHER CHARGES AGAINST THE POLICY:
- - SALES EXPENSE CHARGE NOT TO EXCEED 4.75% OF ANY PREMIUM PAID. THIS AMOUNT
IS SUBTRACTED FROM EACH PREMIUM PAYMENT.
- - STATE TAX CHARGE OF 2% OF EACH PREMIUM PAYMENT. THIS AMOUNT IS SUBTRACTED
FROM EACH PREMIUM PAYMENT. WE RESERVE THE RIGHT TO CHANGE THIS PERCENTAGE
TO CONFORM TO CHANGES IN THE LAW.
- - FEDERAL TAX CHARGE OF 1.25% OF EACH PREMIUM PAYMENT. THIS AMOUNT IS
SUBTRACTED FROM EACH PREMIUM PAYMENT. WE RESERVE THE RIGHT TO CHANGE THIS
PERCENTAGE TO CONFORM TO CHANGES IN THE LAW.
- - WE RESERVE THE RIGHT TO MAKE A CHARGE FOR SEPARATE ACCOUNT FEDERAL INCOME
TAX LIABILITIES IF THE LAW SHOULD CHANGE TO REQUIRE TAXATION OF SEPARATE
ACCOUNTS.
- - PARTIAL WITHDRAWALS ARE SUBJECT TO A PROCESSING CHARGE OF THE LESSER OF
$25.00 OR 2% OF THE AMOUNT WHICH IS BEING WITHDRAWN. THE MINIMUM AMOUNT
THAT CAN BE WITHDRAWN IS $500.00.
** THIS POLICY MAY BE SUBJECT TO AN ADDITIONAL CONTRACT CHARGE AS FOLLOWS:
IF THIS POLICY IS SURRENDERED DURING THE FIRST POLICY YEAR, AN
ADDITIONAL CHARGE WILL BE DEDUCTED UPON SURRENDER EQUAL TO THE
DIFFERENCE (CURRENTLY $20) BETWEEN THE MONTHLY CONTRACT CHARGE FOR
THE FIRST POLICY YEAR AND THE MONTHLY CONTRACT CHARGE FOR
SUBSEQUENT YEARS MULTIPLIED BY THE NUMBER OF MONTHLY DEDUCTION
DAYS BETWEEN THE DATE OF SURRENDER AND THE FIRST POLICY
ANNIVERSARY.
IF THE POLICY LAPSES DURING THE FIRST POLICY YEAR AND IS THEN
REINSTATED, AN ADDITIONAL CHARGE WILL BE DEDUCTED UPON
REINSTATEMENT EQUAL TO THE DIFFERENCE (CURRENTLY $20) BETWEEN THE
MONTHLY CONTRACT CHARGE FOR THE FIRST POLICY YEAR AND THE MONTHLY
CONTRACT CHARGE FOR SUBSEQUENT YEARS MULTIPLIED BY THE NUMBER OF
MONTHLY DEDUCTION DAYS MISSED DURING THE FIRST POLICY YEAR BECAUSE
THE POLICY WAS NOT IN FORCE. SEE SECTION 4.11 OF THE POLICY FOR
FURTHER INFORMATION.
CHARGE AGAINST THE SEPARATE ACCOUNT:
- - THE FACTOR WHICH REPRESENTS THE MORTALITY AND EXPENSE RISK CHARGE
REFERRED TO IN THE SEPARATE ACCOUNT SECTION OF THIS POLICY WILL NOT
EXCEED, ON AN ANNUAL BASIS, .8% OF THE NET ASSET VALUE OF A FUND SHARE
HELD IN THE SEPARATE ACCOUNT FOR EACH INVESTMENT DIVISION. THIS CHARGE IS
DEDUCTED DAILY.
PAGE 2.1 POLICY DATA NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
9990-2.1
<PAGE> 5
POLICY NUMBER -- 66 000 000 INSURED - JOHN DOE
SURRENDER CHARGE PREMIUM: $1,532.00 @
TABLE OF MAXIMUM SURRENDER CHARGES
<TABLE>
<CAPTION>
POLICY PERCENTAGE MAXIMUM
YEAR APPLIED SURRENDER CHARGE
<S> <C> <C>
1 100% $1,532.00
2 100% $1,532.00
3 100% $1,532.00
4 93% $1,424.76
5 86% $1,317.52
6 79% $1,210.28
7 72% $1,103.04
8 65% $ 995.80
9 58% $ 888.56
10 51% $ 781.32
11 44% $ 674.08
12 37% $ 566.84
13 30% $ 459.60
14 23% $ 352.36
15 15% $ 229.80
16 & LATER 0% $ 0
</TABLE>
THE SURRENDER CHARGE IS CALCULATED AS THE LESSER OF:
(a) 50% OF CUMULATIVE PREMIUMS PAID UNDER THE POLICY, AND
(b) A PERCENTAGE (WHICH CHANGES BY DURATION) OF THE SURRENDER CHARGE
PREMIUM AS SHOWN IN THE TABLE ABOVE.
THIS TABLE APPLIES TO THE INITIAL FACE AMOUNT FOR THE NUMBER OF YEARS SHOWN. A
NEW TABLE WILL BE PROVIDED IF THE FACE AMOUNT IS INCREASED.
@ THE SURRENDER CHARGE PREMIUM MAY CHANGE IF THE FACE AMOUNT OF THIS
POLICY IS INCREASED OR DECREASED.
PAGE 2.2 POLICY DATA NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
9990-2.2
<PAGE> 6
TABLE OF PERCENTAGES FOR LIFE INSURANCE BENEFIT
FOR COMPLIANCE WITH IRC SECTION 7702
GUIDELINE PREMIUM TEST
<TABLE>
<CAPTION>
INSURED'S AGE PERCENT INSURED'S AGE PERCENT
ON POLICY OF CASH ON POLICY OF CASH
ANNIVERSARY VALUE ANNIVERSARY VALUE
---------- ----- ----------- -----
<S> <C> <C> <C>
0-40 250 68 117
41 243 69 116
42 236 70 115
43 229 71 113
44 222 72 111
45 215 73 109
46 209 74 107
47 203 75 105
48 197 76 105
49 191 77 105
50 185 78 105
51 178 79 105
52 171 80 105
53 164 81 105
54 157 82 105
55 150 83 105
56 146 84 105
57 142 85 105
58 138 86 105
59 134 87 105
60 130 88 105
61 128 89 105
62 126 90 105
63 124 91 104
64 122 92 103
65 120 93 102
66 119 94 101
67 118 95 & 100
Over
</TABLE>
PAGE 2.3 POLICY DATA NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
9990-2.3-GPT
<PAGE> 7
TABLE OF GUARANTEED MAXIMUM MONTHLY COST OF INSURANCE RATES
(PER $1,000 OF FACE AMOUNT)
MALE
THE RATES SHOWN BELOW ARE BASED ON THE 1980 CSO NONSMOKER TABLE OF MORTALITY
<TABLE>
<CAPTION>
AGE AGE
<S> <C> <C> <C>
18 .13 59 .96
19 .14 60 1.05
20 .14 61 1.16
21 .14 62 1.29
22 .14 63 1.43
23 .13 64 1.59
24 .13 65 1.76
25 .13 66 1.95
26 .12 67 2.16
27 .12 68 2.38
28 .12 69 2.62
29 .12 70 2.89
30 .12 71 3.25
31 .12 72 3.56
32 .13 73 3.97
33 .13 74 4.43
34 .13 75 4.92
35 .14 76 5.45
36 .15 77 6.01
37 .16 78 6.58
38 .17 79 7.20
39 .18 80 7.87
40 .19 81 8.62
41 .21 82 9.47
42 .22 83 10.42
43 .24 84 11.47
44 .26 85 12.59
45 .28 86 13.75
46 .30 87 14.95
47 .32 88 16.17
48 .35 89 17.41
49 .38 90 18.69
50 .41 91 20.05
51 .45 92 21.52
52 .49 93 23.16
53 .54 94 25.26
54 .59 95 28.27
55 .65 96 33.11
56 .72 97 41.69
57 .79 98 58.01
58 .87 99 83.33
</TABLE>
PAGE 2A POLICY DATA NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
9990-2A
<PAGE> 8
WE & YOU
In this policy, the words "we", When you write to us,
"our" and "us" refer to New York please include the policy
Life Insurance and Annuity number, the Insured's full
Corporation, and the words name, and your current
"you" and "your" refer to the address.
Owner of this policy.
- -------------------------------- CONTENTS ------------------------------------
<TABLE>
<CAPTION>
SECTION PROVISIONS PAGE
------- ---------- ----
<S> <C> <C>
POLICY DATA PAGES
ONE LIFE INSURANCE BENEFITS 4
TWO OWNER AND BENEFICIARY 4-5
THREE POLICY CHANGES 5-6
FOUR PREMIUMS 7-8
FIVE SEPARATE ACCOUNT 8-10
SIX FIXED ACCOUNT 11
SEVEN CASH VALUE AND LOANS 11-14
EIGHT PAYMENT OF POLICY PROCEEDS 15-16
NINE GENERAL PROVISIONS 17-19
APPLICATION - Attached to the Policy
RIDERS OR ENDORSEMENTS
(IF ANY) - Attached to the Policy
</TABLE>
PAGE 3
9990-3
<PAGE> 9
SECTION ONE - LIFE INSURANCE BENEFITS
1.1 IS A LIFE INSURANCE BENEFIT PAYABLE UNDER THIS POLICY? We will pay the
life insurance proceeds to the beneficiary promptly, when we have proof
that the Insured died while the life insurance under this policy was in
effect.
1.2 WHAT IS THE AMOUNT OF LIFE INSURANCE PROCEEDS WHICH ARE PAYABLE UNDER
THIS POLICY? The proceeds payable under this policy consist of the life
insurance benefit of the policy plus the death benefit payable under any
riders on the life of the Insured in effect on the date of the Insured's
death, less any unpaid loan and accrued interest. The life insurance
benefit is based on the Life Insurance Benefit Option in effect at the
time of death and the policy's initial face amount shown on the Policy
Data page, and will also reflect any changes to the face amount made in
accordance with the provisions of this policy.
1.3 WHAT ARE THE LIFE INSURANCE BENEFIT OPTIONS WHICH ARE AVAILABLE UNDER
THIS POLICY? The life insurance benefit payable under this policy will be
determined in accordance with one of the following options:
OPTION 1 - This option provides a life insurance benefit equal to the
greater of the face amount of the policy or a percentage of the cash
value equal to the minimum necessary for this policy to qualify as life
insurance under Section 7702 of the Internal Revenue Code, as amended.
(See Policy Data page 2.3 for a table of these percentages.)
OPTION 2 - This option provides a life insurance benefit equal to the
greater of the face amount of the policy plus the cash value or a
percentage of the cash value equal to the minimum necessary for this
policy to qualify as life insurance under Section 7702 of the Internal
Revenue Code, as amended. (See Policy Data page 2.3 for a table of these
percentages.)
1.4 WHAT HAPPENS WHEN THE INSURED REACHES AGE 100? Beginning on the
anniversary on which the Insured is age 100, the face amount of this
policy shown on the Policy Data page will no longer apply. Instead, the
life insurance benefit of this policy will equal the cash value as
defined in Section 7.1. No further monthly deductions will be made from
this cash value. You can surrender the policy for the cash surrender
value proceeds by submitting to us a signed written request which gives
us the facts that we need. If this policy is still in force upon the
death of the Insured, the life insurance benefit will be paid to the
beneficiary. We will deduct any unpaid loan and accrued interest. Any
insurance on an Other Covered Insured, provided by a rider attached to
the policy, which is still in effect will end on the policy anniversary
when the Insured under this policy is age 100. However, if an Other
Covered Insured is younger than age 70 when the rider ends, that Insured
can convert the term insurance at that time as provided in the rider.
SECTION TWO - OWNER AND BENEFICIARY
2.1 WHO IS THE OWNER OF THIS POLICY? The owner of this policy is stated on
the Policy Data page. In this policy, the words "you" and "your" refer to
the policyowner.
2.2 CAN A SUCCESSOR TO THE OWNER BE NAMED? A successor owner can be named in
the application, or in a notice you sign which gives us the facts that we
need. If you die before the successor owner, the successor owner will
become the new owner. If no successor owner survives you and you die
before the Insured, your estate becomes the new owner.
PAGE 4
9990-4
<PAGE> 10
SECTION TWO - OWNER AND BENEFICIARY (CONTINUED)
2.3 HOW DO YOU CHANGE THE OWNER OF THIS POLICY? You can change the owner of
this policy, from yourself to a new owner, in a notice you sign which
gives us the facts that we need. This change will take effect as of the
date you signed the notice, subject to any payment we made or action we
took before recording this change. When this change takes effect, all
rights of ownership will pass to the new owner. Changing the owner
cancels any prior choice of owner, but does not change the beneficiary.
2.4 CAN MORE THAN ONE BENEFICIARY BE NAMED FOR THIS POLICY? One or more
beneficiaries for any life insurance proceeds can be named in the
application. If more than one beneficiary is named, they can be classed
as first, second and so on. If 2 or more are named in a class, their
shares in the proceeds are equal, unless you state otherwise. The stated
shares of the proceeds will be paid to any first beneficiaries who
survive the Insured. If no first beneficiaries survive, payment will be
made to any beneficiaries surviving in the second class, and so on.
2.5 CAN YOU CHANGE A BENEFICIARY? While the Insured is living, you can change
a beneficiary in a notice you sign which gives us the facts that we need.
This change will take effect as of the date you signed the notice,
subject to any payment we made or action we took before recording the
change.
2.6 WHAT HAPPENS IF NO BENEFICIARIES ARE LIVING WHEN THE PROCEEDS BECOME
PAYABLE? If no beneficiary for the life insurance proceeds, or for a
stated share, survives the Insured, the right to these proceeds, or this
share, will pass to you. If you are the Insured, this right will pass to
your estate.
2.7 WHAT IF THE BENEFICIARY AND THE INSURED DIE AT THE SAME TIME? Unless
stated otherwise in the policy or in your signed notice which is in
effect at the Insured's death, if any beneficiary dies at the same time
as the Insured, or within 15 days after the Insured but before we receive
proof of the Insured's death, we will pay the proceeds as though that
beneficiary died first.
SECTION THREE - POLICY CHANGES
3.1 WHAT CHANGES CAN YOU MAKE TO THIS POLICY? You can apply in writing to
have the face amount increased or decreased (without changing the Life
Insurance Benefit Option), or have the Life Insurance Benefit Option
changed. We reserve the right to limit these changes on a uniform basis
by class. Changes can only be made while the Insured is living, and only
if this policy would continue to qualify as Life Insurance, as defined
under Section 7702 of the Internal Revenue Code. See Section 7.4 for
further information regarding decreases in face amount and changes in the
Life Insurance Benefit Option.
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SECTION THREE - POLICY CHANGES (CONTINUED)
3.2 WHAT HAPPENS WHEN YOU APPLY TO INCREASE THE POLICY FACE AMOUNT? You can
have the face amount of this policy increased, if we agree, subject to
our minimum amount requirements. To increase the face amount, we must
have your written application, also signed by the Insured, together with
any proof of insurability that we require. We reserve the right to limit
increases in the face amount. Any increase will take effect on the
Monthly Deduction Day on or after the day we approve the application for
the increase.
The cost of insurance for each increase will be based on the Insured's
age, sex, and class of risk at the time the increase takes effect, as
well as the duration since the increase.
A new set of surrender charges will apply to the increased face amount.
We will tell you the amount of these charges when you apply for the
increase. They will also be shown on a new Policy Data page when the
increase takes effect.
For the amount of the increase, new Incontestability and Suicide
Exclusion periods will apply, beginning on the effective date of such
increase.
3.3 WHAT HAPPENS WHEN YOU DECREASE THE FACE AMOUNT? You can decrease the face
amount, provided the new face amount is at least $50,000. We reserve the
right to limit decreases in the face amount. Any decrease will take
effect on the Monthly Deduction Day on or after the day we receive your
signed request at our Home Office.
The decrease will first be applied to reduce the most recent increase in
the face amount. It will then be applied to reduce other increases in the
face amount in the reverse order in which they took place, and then to
the initial face amount.
When the face amount is decreased, we will deduct from the cash value a
surrender charge equal to the difference between the surrender charge
immediately before the decrease and the surrender charge immediately
after the decrease. In assessing this surrender charge, we first take
into account the surrender charge associated with any increases in face
amount in the reverse order made, and then the initial face amount.
3.4 WHAT HAPPENS WHEN YOU CHANGE THE LIFE INSURANCE BENEFIT OPTION? You can
change the Life Insurance Benefit Option of this policy. We reserve the
right to limit Life Insurance Benefit Option changes. Any change of
Option will take effect on the Monthly Deduction Day on or after the date
we receive your signed request at our Home Office. If you change from
Option 1 to Option 2, the face amount of the policy will be decreased by
the cash value. If you change from Option 2 to Option 1, the face amount
will be increased by the cash value. Option changes which cause the
policy face amount to drop below $50,000 will not be permitted. In
addition, if you elect to have the Supplementary Term Rider included in
this policy, Option 1 must be selected and can never be changed to Option
2, even after the rider ends or is terminated.
PAGE 6
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SECTION FOUR - PREMIUMS
4.1 ARE THERE ANY LIMITATIONS TO THE AMOUNT OF PREMIUMS THAT CAN BE PAID?
Premiums may not be paid if such payments would cause the policy to no
longer qualify as Life Insurance, as defined under the guideline premium
test requirements of Section 7702 of the Internal Revenue Code of 1986,
as amended. If the premium paid during any policy year exceeds the
maximum permitted under the Internal Revenue Code, we will return any
such excess within 60 days after the end of the policy year with interest
at a rate of not less than 3% a year.
However, this provision does not apply if you elected the Cash Value
Accumulation Test for this policy. The test you chose for this policy is
shown on Policy Data page 2.3.
4.2 HOW DO YOU PAY PREMIUMS? At any time before the policy anniversary on
which the Insured is age 100, and while the Insured is living, premiums
can be paid at any interval or by any method we make available. Premiums
are payable at our Home Office or at any other location that we indicate
to you in writing. The cash value and amount of insurance under this
policy are based on the amount and interval of the premiums that have
been paid. You can pay planned premiums and/or unplanned premiums.
4.3 WHAT ARE PLANNED PREMIUMS? The amount and interval of any planned
premiums, as stated in the application, are shown on the Policy Data
page. A planned premium does not have to be paid to keep this policy in
force, if the cash surrender value is sufficient to cover the charges
made on the Monthly Deduction Day. The amount of any planned premium can
be increased or decreased subject to the limits we set. The frequency of
premium payments can also be changed subject to our minimum premium
rules. Planned premiums may not be paid on or after the policy
anniversary on which the Insured is age 100.
4.4 WHAT ARE UNPLANNED PREMIUMS? Unplanned premiums are premium payments you
make which are in addition to planned premiums. The Insured must be
living and payment must be made prior to the policy anniversary on which
the Insured is age 100. If an unplanned premium payment would result in
an increase in the life insurance benefit greater than the increase in
the cash value, we reserve the right to require proof of insurability
before accepting that payment and applying it to the policy. We also
reserve the right to limit the number and amount of any unplanned
premiums.
4.5 HOW ARE YOUR PREMIUM PAYMENTS ALLOCATED? When we receive a premium
payment, we deduct a Sales Expense Charge not to exceed the amount shown
on the Policy Data page. We also deduct an amount equal to the State Tax
Charge and, if indicated on Policy Data page 2.1, the Federal Tax Charge
in effect at that time. The balance of the premium (the net premium) will
be applied to the Separate Account and Fixed Account in accordance with
your premium allocation election in effect at that time, and before any
other deductions which may be due are made.
4.6 CAN YOUR PREMIUM ALLOCATION ELECTION BE CHANGED? You can change your
premium allocation election stated in the application by submitting a
signed written request. Your allocation percentages must total 100%. Each
percentage must be either zero, or a whole number which is at least 1%.
This change will take effect on the date we receive the signed request.
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SECTION FOUR - PREMIUMS (CONTINUED)
4.7 WHAT HAPPENS IF YOU STOP MAKING PREMIUM PAYMENTS? When premium payments
are not made as planned, this policy will continue in effect as long as
the cash surrender value is sufficient to pay Monthly Deduction Charges.
4.8 WHAT IS THE LATE PERIOD? If, on a Monthly Deduction Day, the cash
surrender value is less than the Monthly Deduction Charge for the next
policy month, the policy will continue for a late period of 62 days after
that Monthly Deduction Day. This may happen even if all planned premiums
have been paid. If we do not receive sufficient payment before the end of
the late period, the policy will end and there will be no more benefits
under the policy. To inform you of this event, we will mail a notice to
you at your last known address at least 31 days before the end of the
late period. We will also mail a copy of the notice to the last known
address of any assignee on our records.
4.9 WHAT IF THE INSURED DIES DURING THE LATE PERIOD? If the Insured dies
during the late period, we will pay the policy proceeds. However, these
proceeds will be reduced by the amount of any unpaid Monthly Deduction
Charges for the full policy month or months that run from the beginning
of the late period through the policy month in which the Insured died.
4.10 CAN YOU REINSTATE THE POLICY IF IT ENDS? Within 5 years after this policy
has ended, you can apply to reinstate the policy if you did not surrender
it. When you apply for reinstatement, you must provide proof of
insurability that is acceptable to us. However, if the required payment
is made within 31 days after the end of the late period, no proof of
insurability is required.
4.11 WHAT PAYMENT IS REQUIRED TO REINSTATE THE POLICY? In order to reinstate
this policy, a payment must be made in an amount which is sufficient to
keep this policy in force for at least 3 months. This payment will be in
lieu of the payment of all premiums in arrears. Upon reinstatement, the
cash value shall be equal to the cash value at the time of lapse, less
the difference between the surrender charge assessed at the time of lapse
and the surrender charge which applies at the time of reinstatement, and
less any unpaid loan, if not repaid. Any surrender charges which apply
after the reinstatement will be based on the same set of charges that
existed prior to the lapse. Any unpaid loan can also be repaid, together
with loan interest at 6% compounded once each year from the end of the
late period to the date of reinstatement. If a policy loan interest rate
of less than 6% is in effect when the policy is reinstated, the interest
rate for any unpaid loan at the time of reinstatement will be the same as
the policy loan interest rate. If this policy lapses during the first
policy year and is subsequently reinstated, an additional contract charge
will apply as indicated on Policy Data page 2.1. For such a reinstatement
we will also require a payment equal to 230% of this additional contract
charge. The effective date of reinstatement will be the Monthly Deduction
Day on or following the date we approve the request for reinstatement.
SECTION FIVE - SEPARATE ACCOUNT
5.1 HOW IS THE SEPARATE ACCOUNT ESTABLISHED AND MAINTAINED? We have
established and maintain the Separate Account under the laws of the State
of Delaware. Any realized or unrealized income, net gains and losses from
the assets of the Separate Account are credited or charged to it without
regard to our other income, gains or losses. We put assets in the
Separate Account for this policy, and we may also do the same for any
other variable life insurance policies we may issue.
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SECTION FIVE - SEPARATE ACCOUNT (CONTINUED)
5.2 HOW ARE THE SEPARATE ACCOUNT ASSETS INVESTED? The Separate Account
invests its assets in shares of one or more mutual funds. Fund shares are
purchased, redeemed and valued on behalf of the Separate Account. The
Separate Account is divided into Investment Divisions. We reserve the
right to add, combine or eliminate any Investment Division of the
Separate Account, subject to any required regulatory approvals.
5.3 TO WHOM DO THE ASSETS IN THE SEPARATE ACCOUNT BELONG? The assets of the
Separate Account are our property. There are Separate Account assets
which equal the reserves and other contract liabilities of the Separate
Account. Those assets will not be chargeable with liabilities arising out
of any other business we conduct. We reserve the right to transfer assets
of an Investment Division, in excess of the reserves and other contract
liabilities with respect to that Investment Division, to another
Investment Division or to our General Account.
5.4 HOW WILL THE ASSETS OF THE SEPARATE ACCOUNT BE VALUED? We will determine
the value of the assets of the Separate Account on each day during which
the New York Stock Exchange is open for trading. The assets of the
Separate Account will be valued at fair market value, as determined in
accordance with a method of valuation which we established in good faith.
5.5 CAN WE TRANSFER ASSETS OF THE SEPARATE ACCOUNT TO ANOTHER SEPARATE
ACCOUNT? We reserve the right to transfer assets of the Separate Account,
which we determine to be associated with the class of policies to which
this policy belongs, to another separate account. If this type of
transfer is made, the term "Separate Account", as used in this policy,
shall then mean the separate account to which the assets were
transferred.
5.6 WHAT OTHER RIGHTS DO WE HAVE? We also reserve the right, when permitted
by law, to:
(a) de-register the Separate Account under the Investment Company Act of
1940;
(b) manage the Separate Account under the direction of a committee or
discharge such committee at any time;
(c) restrict or eliminate any voting rights of policyowners or other
persons who have voting rights as to the Separate Account; and
(d) combine the Separate Account with one or more other separate
accounts.
5.7 CAN A CHANGE IN THE INVESTMENT OBJECTIVE OR STRATEGY OF THE SEPARATE
ACCOUNT BE REQUIRED? When required by law or regulation, an investment
objective of the Separate Account can be changed. It will only be changed
if approved by the appropriate insurance official of the State of
Delaware or deemed approved in accordance with such law or regulation. If
so required, the request to obtain such approval will be filed with the
insurance official of the state or district in which this policy is
delivered.
5.8 IF THE ASSETS IN THE SEPARATE ACCOUNT BELONG TO US, WHAT DO YOUR FUNDS
PURCHASE? Your interest of this policy in the Separate Account prior to
the date on which the life insurance benefit becomes payable is
represented by accumulation units. The number of accumulation units
purchased in an Investment Division will be determined by dividing the
part of any premium payment or the part of any transfer applied to that
Investment Division, by the value of an accumulation unit for that
Division on the transaction date. Payments allocated, transferred or
otherwise added to the Investment Divisions will be applied to provide
accumulation units in those Investment Divisions. Accumulation units are
redeemed when amounts are loaned, transferred, surrendered or otherwise
deducted. These transactions are called policy transactions.
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SECTION FIVE - SEPARATE ACCOUNT (CONTINUED)
5.9 WHAT ARE ACCUMULATION UNITS? Accumulation units are the accounting units
used to calculate the values under this policy.
5.10 HOW IS THE VALUE OF AN ACCUMULATION UNIT DETERMINED? The value of an
accumulation unit on any business day is determined by multiplying the
value of that unit on the immediately preceding business day by the net
investment factor for the valuation period. The valuation period is the
period from the close of the immediately preceding business day to the
close of the current business day. The net investment factor for this
policy used to calculate the value of an accumulation unit in any
Investment Division of the Separate Account for the valuation period is
determined by dividing (a) by (b) and subtracting (c) from the result,
where:
(a) is the sum of:
(1) the net asset value of a fund share held in the Separate
Account for that Investment Division determined at the end of the
current valuation period, plus
(2) the per share amount of any dividends or capital gain
distributions made by the fund for shares held in the Separate
Account for that Investment Division if the ex-dividend date occurs
during the valuation period.
(b) is the net asset value of a fund share held in the Separate Account
for that Investment Division determined as of the end of the
immediately preceding valuation period.
(c) is a factor representing the mortality and expense risk charge. The
maximum charge is shown on Policy Data page 2.1.
The net investment factor may be greater or less than one; therefore,
the value of an accumulation unit may increase or decrease.
5.11 CAN YOU TRANSFER FUNDS BETWEEN INVESTMENT DIVISIONS AND BETWEEN THE
INVESTMENT DIVISIONS AND THE FIXED ACCOUNT? An unlimited number of
transfers can be made between Investment Divisions of the Separate
Account and between the Investment Divisions and the Fixed Account. We
reserve the right to apply a charge, not to exceed $30, for each transfer
after the first twelve in a given policy year. If this charge is
assessed, it will be applied to the appropriate Investment Divisions,
and/or the Fixed Account, on the basis of the amount of the total
transfer which is allocated from each Investment Division, and/or the
Fixed Account.
5.12 WHEN WILL THESE TRANSFERS TAKE EFFECT? Transfers between Investment
Divisions (and also to and from the Fixed Account) will generally take
effect as of the business day we receive, at our Home Office, your signed
written request which gives us the facts that we need. However, if we
receive your request after the New York Stock Exchange is closed for
trading, or on a day on which the New York Stock Exchange is not open for
trading, the transfer will take effect on the next business day.
5.13 ARE THERE LIMITS ON THE AMOUNT YOU CAN TRANSFER BETWEEN INVESTMENT
DIVISIONS? The minimum amount that can be transferred is the lesser of
$500 or the value of all remaining accumulation units in the Investment
Division, unless we agree otherwise. The Investment Division from which
the transfer is being made must maintain a minimum balance of $500 after
the transfer is completed. If, after a transfer, the value of the
remaining accumulation units in an Investment Division would be less than
$500, we have the right to include that amount as part of the transfer.
PAGE 10
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SECTION SIX - FIXED ACCOUNT
6.1 WHAT IS THE FIXED ACCOUNT? The Fixed Account is supported by assets of
the Corporation that are not segregated in any of the separate accounts
of New York Life Insurance and Annuity Corporation. Payments applied to
and any amounts transferred to the Fixed Account are credited with
interest using a fixed interest rate which we declare periodically. We
will set this rate in advance at least annually. This rate will never be
less than the rate shown on the Policy Data page. All payments applied
to, or amounts transferred to, the Fixed Account thereafter receive the
rate in effect at that time. The interest we credit may be different for
loaned and unloaned amounts.
6.2 CAN TRANSFERS BE MADE FROM THE FIXED ACCOUNT TO THE SEPARATE ACCOUNT?
Each policy year you can make an unlimited number of transfers from the
Fixed Account to the Separate Account Investment Divisions. The minimum
amount which can be transferred is the lesser of: (a) $500, or (b) the
accumulation value in the Fixed Account, unless we agree otherwise.
However, if the values remaining in the Fixed Account after the transfer
would be less than $500, we have the right to include that amount as part
of the transfer. The sum of all such transfers in a policy year cannot
exceed the greater of (a) 20% of the accumulation value in the Fixed
Account at the beginning of that policy year, or (b) $5,000.
6.3 CAN TRANSFERS BE MADE TO THE FIXED ACCOUNT FROM THE SEPARATE ACCOUNT?
Each policy year you can make an unlimited number of transfers from the
Investment Divisions of the Separate Account to the Fixed Account. The
minimum amount which can be transferred from any one Investment Division
is the lesser of: (a) $500, or (b) the value of all remaining
accumulation units in that Investment Division, unless we agree
otherwise. However, if the value remaining in an Investment Division
after the transfer would be less than $500, we have the right to include
that amount as part of the transfer.
The sum of all such transfers in a policy year cannot exceed the greater
of (a) 20% of the total value in the Separate Account at the beginning of
that policy year, or (b) $5,000. However, this maximum limit only applies
during any period when the interest rate being credited to the Fixed
Account is equal to the guaranteed minimum rate shown on the Policy Data
page. In addition, this maximum limit will not apply if the Insured was
age 65 or older on the most recent policy anniversary. If, during a given
policy year, this limit becomes effective, and you have already
transferred more than 20% of the Separate Account value to the Fixed
Account (or, if greater, $5,000), no additional transfers to the Fixed
Account will be permitted during that policy year while the limit remains
in effect.
SECTION SEVEN - CASH VALUE AND LOANS
7.1 WHAT IS THE CASH VALUE OF THIS POLICY? The cash value of this policy at
any time is equal to the total accumulation value of the portion of the
cash value of this policy allocated to the Separate Account plus the
portion of the cash value of this policy allocated to the Fixed Account.
7.2 CAN YOU SURRENDER THIS POLICY OR MAKE A PARTIAL WITHDRAWAL? At any time
after this policy has cash value, and while the Insured is living, you
can surrender it for that value. The cash surrender value is equal to the
cash value less any surrender charges which may apply, and less any
unpaid loan and accrued interest. If a surrender is made in the first
policy year, an additional contract charge will be deducted as described
on Policy Data page 2.1. You can also elect to make a partial withdrawal
for a selected amount or a percentage of the cash surrender value.
PAGE 11
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SECTION SEVEN - CASH VALUE AND LOANS (CONTINUED)
7.3 HOW CAN FUNDS BE WITHDRAWN FROM THIS POLICY? You can request a partial
withdrawal by sending us your signed written request which must be
received while the Insured is living. The minimum amount which can be
withdrawn is $500, unless we agree otherwise. The withdrawal will be made
on a pro-rata basis from the Fixed Account and/or Investment Divisions,
unless you indicate otherwise. If the portion of your request for a
partial withdrawal from the Fixed Account or Investment Division is
greater than the amount in the Fixed Account and/or Investment Division,
we will pay you the entire value of the Fixed Account and/or that
Investment Division, less any surrender charge which may apply. (See
Section 7.4 for additional information.) A partial withdrawal taken while
Life Insurance Benefit Option 1 is in effect, will cause the face amount
of the policy to be reduced. We reserve the right to limit partial
withdrawals in the first policy year, if Life Insurance Benefit Option 1
is in effect.
We may charge a fee, not to exceed the lesser of $25, or 2% of the amount
withdrawn, for processing a partial withdrawal. This fee will be deducted
from the Fixed Account and/or Investment Divisions based on the
withdrawal allocation or, if none, on a pro-rata basis. When you make a
partial withdrawal, the life insurance benefit, the cash value, and the
cash surrender value will be reduced by the amount of the withdrawal
proceeds, and any applicable surrender charge, you receive as of the date
we make the payment. A partial withdrawal cannot be made if it would
cause the policy's face amount to drop below $50,000.
7.4 HOW IS THE SURRENDER CHARGE DETERMINED? For the number of years shown on
the Surrender Charge page a surrender charge will be assessed any time
the face amount is decreased, whether due to a partial withdrawal, full
surrender, a change in the Life Insurance Benefit Option or a requested
decrease in the face amount. A table of maximum surrender charges is
shown on the Surrender Charge page. A surrender charge will be assessed
when the face amount is decreased but the policy is not fully
surrendered. This charge will not be greater than the difference between
the surrender charge shown on the Surrender Charge page and the surrender
charge applicable to the new face amount as determined by us. A separate
set of surrender charges is calculated separately for the initial face
amount and for each increase in the face amount. However, a new set of
surrender charges will not apply if the face amount is increased due to a
change in the Life Insurance Benefit Option.
7.5 WHAT MONTHLY DEDUCTIONS ARE MADE AGAINST THE CASH VALUE? On each Monthly
Deduction Day, the following deductions are made from the policy's cash
value:
(a) A monthly contract charge not to exceed the amount shown on the
Policy Data page;
(b) The monthly cost of insurance for the amount of the life insurance
benefit in effect at that time;
(c) The monthly cost for any riders attached to this policy.
(d) A monthly administrative charge, based upon the amount you have in
the Separate Account, not to exceed the rate shown on the Policy
Data page.
A deduction may also be made for any temporary flat extras which may
apply. The amount and duration of these flat extras, if any, are shown in
a footnote on the Policy Data page.
The Monthly Deduction Day for this policy, which is shown on the Policy
Data page, will be the same calendar day each month, as determined by the
policy date. The first Monthly Deduction Day will be the first occurrence
of this calendar day which falls on or after the issue date of the
policy. However, if, on the issue date we have not yet received the
initial premium payment for the policy, the first Monthly Deduction Day
will be the first occurrence of this calendar day which falls on or after
the date we receive such payment. If the policy date for this policy is
earlier than the issue date, then deductions made on the first monthly
Deduction Day will include the monthly deductions specified in (a)
through (d) above which would have been made on each Monthly Deduction
Day for the period from the policy date to the issue date as if the
policy had been issued on the policy date. All monthly deductions are
made in accordance with your expense allocation, if any. If no expense
allocation is in effect, monthly deductions will be made on a pro-rata
basis from each of the Investment Divisions and the Fixed Account.
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SECTION SEVEN - CASH VALUE AND LOANS (CONTINUED)
7.6 HOW IS THE COST OF INSURANCE FOR THIS POLICY CALCULATED? The cost of
insurance is calculated on each Monthly Deduction Day. The monthly cost
of insurance for the initial face amount, and for each subsequent
increase in the face amount, is calculated separately. For this
calculation, the cash value will be used to reduce the cost of insurance
first with regard to any increases in face amount, in the reverse order
made, and then to the initial face amount. The monthly cost of insurance
is equal to (1) multiplied by the result of (2) minus (3) where:
(1) is the monthly cost of insurance rate per $1,000 of insurance;
(2) is the number of thousands of life insurance benefit as of the
Monthly Deduction Day divided by 1.00327; and
(3) is the number of thousands of cash value as of the Monthly
Deduction Day (before this cost of insurance, any applicable
contract charge, and the monthly cost of any riders are deducted).
7.7 WHAT IS THE COST OF INSURANCE RATE? The rates used to obtain the cost of
insurance for the initial face amount and for each increase in the face
amount are based on the Insured's issue age, sex, and class of risk at
the time the initial face amount or increase took effect, as well as the
duration since issue of such insurance. For the initial face amount, the
monthly cost of insurance rates will never exceed the maximum rates shown
in the Table of Guaranteed Maximum Monthly Cost of Insurance Rates
attached to this policy. The actual rate will be set by us, in advance,
at least once a year. Any change in cost of insurance rates will be made
on a uniform basis for Insureds in the same class, based on issue age,
sex, and class of risk, as well as the duration since issue of such
insurance. Any change in these rates will be based on future expectations
for items such as investment earnings, mortality, persistency and
expenses.
7.8 WHAT IS THE MONTHLY COST OF RIDERS? The monthly cost of any riders
attached to this policy is described on the Policy Data pages.
7.9 WHAT IS THE LOAN VALUE OF THIS POLICY? Using this policy as sole
security, you can borrow any amount up to the loan value of this policy.
The loan value on any given date is equal to 90% of the cash surrender
value.
7.10 WHAT HAPPENS WHEN YOU TAKE A LOAN? When a new loan is taken (including
the situation where unpaid loan interest is charged as a new loan), a
transfer is made from the Separate Account to the Fixed Account. This
transfer is made so that, after the transfer, the amount in the Fixed
Account which is securing the outstanding loan(s) will equal 108% of the
sum of the new loan and any previous unpaid loans. This percentage will
be reduced accordingly if a lower loan interest rate is in effect at the
time this transfer is made. For example, the percentage will be 106% if
the loan interest rate is 6% at that time. This transfer will be made on
a pro-rata basis from the various Investment Divisions. While a policy
loan is outstanding, no partial withdrawals or transfers which would
reduce the cash value of the Fixed Account below 108% (or any lower
percentage that may be in effect at that time) of the outstanding loan
are permitted. In addition, if any portion of a Monthly Deduction Charge
would cause the amount in the Fixed Account to fall below the amount of
the outstanding loan, we reserve the right to deduct that portion of the
Monthly Deduction Charge on a pro-rata basis from the Investment
Divisions instead.
The amount in the Fixed Account which equals the amount of an unpaid loan
will be credited with interest at a rate which will never be lower than
the effective annual loan interest rate, less 2%. In no event will the
rate credited to loaned amounts ever be less than the interest rate shown
on the Policy Data page.
PAGE 13
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SECTION SEVEN - CASH VALUE AND LOANS (CONTINUED)
7.11 WHAT IS THE LOAN INTEREST RATE FOR THE POLICY? Unless we set a lower rate
for any period, the effective annual loan interest rate is 8%, which is
payable in arrears. Loan interest for the policy year in which a loan is
taken will be due on the next policy anniversary. Loan interest accrues
each day and is payable on the anniversary, on the date of death,
surrender, or lapse, or on the date of a loan increase or loan repayment.
Loan interest not paid when due will be charged as a new unpaid loan.
7.12 IF THE LOAN INTEREST RATE IS REDUCED, CAN IT SUBSEQUENTLY INCREASE? Yes.
If we have set a rate lower than 8% per year, any subsequent increase in
the interest rate will be subject to the following conditions:
(1) The effective date of any increase in the interest rate shall not be
earlier than one year after the effective date of the establishment of
the previous rate.
(2) The amount by which the interest rate can be increased will not
exceed one percent per year, but the rate of interest shall in no event
ever exceed 8%.
(3) We will give notice of the interest rate in effect when a loan is
made and when sending notice of loan interest due.
(4) If a loan is outstanding 40 days or more before the effective date
of an increase in the interest rate, we will notify you of that increase
at least 30 days prior to the effective date of the increase.
(5) We will give notice of any increase in the interest rate when a loan
is made during the 40 days before the effective date of the increase.
7.13 HOW ARE LOAN REPAYMENTS CREDITED TO THE POLICY? All or part of an unpaid
loan can be repaid before the Insured's death or before the policy is
surrendered. When a loan repayment is received, we will first use that
money to cancel any portion of the outstanding loan which was originally
taken from the Fixed Account. Any remaining portion of the loan repayment
will be allocated to the Separate Account in the same proportion as the
amount of money you have in each Investment Division on the date of the
loan repayment, unless you indicate otherwise and we agree.
7.14 WHAT HAPPENS IF A LOAN IS NOT REPAID? If a loan is outstanding when the
life insurance benefit becomes payable, we will deduct the amount of the
unpaid loan plus accrued interest from these proceeds. The cash surrender
value reflects a deduction of any outstanding policy loan and accrued
interest. In addition, it may happen in a given policy year that, based
on the loan interest rate in effect when that policy year began (ignoring
any subsequent increase in the rate during that policy year), any unpaid
loan plus accrued interest exceeds the cash value of this policy less
surrender charges. In that event, we will mail a notice to you at your
last known address, and a copy to the last known assignee on our records.
All insurance will end 31 days after the date on which we mail that
notice to you if the excess of the unpaid loan plus accrued interest over
the cash value less surrender charges is not paid within that 31 days.
However, if a higher rate or rates take effect during the policy year,
this policy will not end any sooner than it would have if the rate had
not changed.
PAGE 14
9990-14
<PAGE> 20
SECTION EIGHT - PAYMENT OF POLICY PROCEEDS
8.1 HOW WILL POLICY PROCEEDS BE PAID? The proceeds of this policy will be
paid in one sum, or if elected, all or part of these proceeds can be
placed under one or more of the options described in this section. If we
agree, the proceeds may be placed under some other method of payment
instead.
Any life insurance proceeds paid in one sum will bear interest compounded
each year from the Insured's death to the date of payment. We set the
interest rate each year. This rate will be at least 3% per year, and will
not be less than required by law.
8.2 HOW DO YOU ELECT AN OPTIONAL METHOD OF PAYMENT? While the Insured is
living, you can elect or change an option. You can also elect or change
one or more beneficiaries who will be the payee or payees under that
option.
After the Insured dies, any person who is to receive proceeds in one sum
(other than an assignee) can elect an option and name payees. The person
who elects an option can also name one or more successor payees to
receive any amount remaining at the death of the payee. Naming these
payees cancels any prior choice of successor payees. A payee who did not
elect the option does not have the right to advance or assign payments,
take the payments in one sum, or make any other change. However, the
payees may be given the right to do one or more of these things if the
person who elects the option tells us in writing and we agree.
8.3 HOW CAN AN OPTION BE CHANGED? If we agree, a payee who elects Option 1A,
1B or 2 may later elect to have any amount we still have, or the present
value of any elected payments, placed under some other option described
in this section.
8.4 WHO CAN BE NAMED PAYEES? Only individuals who are to receive payments on
their own behalf may be named as payees or successor payees, unless we
agree otherwise. We may require proof of the age or the survival of a
payee.
8.5 WHAT HAPPENS IF THE PAYEE DIES BEFORE ALL PROCEEDS HAVE BEEN PAID? It may
happen that when the last surviving payee dies, we still have an unpaid
amount, or there are some payments which remain to be made. If so, we
will pay the unpaid amount with interest to the date of payment, or pay
the present value of the remaining payments, to that payee's estate in
one sum. The present value of the remaining payments is based on the
interest rate used to compute them, and is always less than their sum.
8.6 IS THERE A MINIMUM PAYMENT THE COMPANY WILL MAKE? When any payment under
an option would be less than $100, we may pay any unpaid amount or
present value in one sum.
8.7 WHAT ARE THE PROCEEDS AT INTEREST OPTIONS (1A AND 1B)? The policy
proceeds can be left with us at interest. We will set the interest rate
each year. This rate will be at least 3% per year.
For the Interest Accumulation Option (Option 1A), we credit interest each
year on the amount we still have. This amount can be withdrawn at any
time in sums of $100 or more. We pay interest to the date of withdrawal
on sums withdrawn.
For the Interest Payment Option (Option 1B), we pay interest once each
month, every 3 months, every 6 months, or once each year, as chosen,
based on the amount we still have.
PAGE 15
9990-15
<PAGE> 21
SECTION EIGHT - PAYMENT OF POLICY PROCEEDS (CONTINUED)
8.8 WHAT IS THE LIFE INCOME OPTION (2)? We make equal payments each month
during the lifetime of the payee or payees. We determine the amount of
the monthly payment by applying the policy proceeds to purchase a
corresponding single premium life annuity policy which is being issued
when the first payment is due. Payments are based on the appropriately
adjusted annuity premium rate in effect at that time, but will not be
less than the corresponding minimum shown in the Option 2 Table. These
minimum amounts are based on the 1983 Table "a" with Projection Scale G,
and with interest compounded each year at 3%.
When asked, we will state in writing what the minimum amount of each
monthly payment would be under this option. It is based on the sex and
adjusted age of the payee or payees.
To find the adjusted age in the year the first payment is due, we
increase or decrease the payee's age at that time, as follows:
<TABLE>
<CAPTION>
1999-2005 2006-2015 2016-25 2026-35 2036 & later
-----------------------------------------------------------------
<S> <C> <C> <C> <C>
+1 0 -1 -2 -3
</TABLE>
We make a payment each month during the lifetime of the payee. Payments
do not change, and are guaranteed for 10 years, even if that payee dies
sooner.
---------------------------------------------------------------------------
OPTION 2 TABLE
---------------------------------------------------------------------------
Minimum Monthly Payment per $1,000 of Proceeds Guaranteed for 10 Years
<TABLE>
<CAPTION>
Payee's
Adjusted
Age MALE FEMALE
-------------------------------------------------------------------------
<S> <C> <C>
60 4.46 4.03
61 4.55 4.11
62 4.66 4.19
63 4.76 4.27
64 4.87 4.37
65 4.99 4.46
66 5.11 4.57
67 5.24 4.67
68 5.38 4.79
69 5.52 4.91
70 5.66 5.04
71 5.81 5.18
72 5.96 5.32
73 6.12 5.47
74 6.28 5.63
75 6.45 5.79
76 6.61 5.96
77 6.78 6.14
78 6.96 6.32
79 7.13 6.51
80 7.30 6.70
81 7.46 6.89
82 7.63 7.07
83 7.78 7.26
84 7.93 7.44
85 & over 8.07 7.62
</TABLE>
PAGE 16
9990-16
<PAGE> 22
SECTION NINE - GENERAL PROVISIONS
9.1 WHAT CONSTITUTES THE ENTIRE CONTRACT? The entire contract consists of
this policy, any attached riders or endorsements, and the attached copy
of the application. Also, any application used to apply for increases in
the policy face amount will be attached to and made a part of this
policy. Only our Chairman, President, Secretary, or one of our Vice
Presidents is authorized to change the contract, and then, only in
writing. No change will be made to this contract without your consent. No
agent is authorized to change this contract.
9.2 HOW IMPORTANT IS THE INFORMATION YOU PROVIDE IN THE APPLICATION FOR THIS
POLICY? In issuing this policy, we have relied on the statements made in
the application. All such statements are deemed to be representations and
not warranties. We assume these statements are true and complete to the
best of the knowledge and belief of those who made them. No statement
made in connection with the application will be used by us to void this
policy unless that statement is a material misrepresentation and is part
of the application.
9.3 WILL WE BE ABLE TO CONTEST THIS POLICY? We will not contest the payment
of the life insurance proceeds based on the initial face amount, after
this policy has been in force during the lifetime of the Insured for 2
years from the date of issue.
It may happen that the face amount of this policy is increased as
described in the Policy Changes section. In this case, the 2 year
contestable period for each increase will begin on the effective date of
such increase. We may contest the payment of that amount only on the
basis of those statements made in the application for such increase in
face amount. No new contestable period will apply if the face amount
increase was due solely to a change in the Life Insurance Benefit Option.
9.4 DOES THIS POLICY COVER SUICIDE OF THE INSURED? Suicide of the Insured,
while sane or insane within 2 years of the date of issue, is not covered
by this policy. In that event, this policy will end and the only amount
payable will be the premiums paid to us, less any unpaid loan and any
partial surrender benefits paid.
It may happen that the face amount of this policy is increased as
described in the Policy Changes section. In this case, the 2 year suicide
exclusion period for each increase will begin on the effective date of
such increase. If the suicide exclusion period applies to such an
increase, the only amount payable with respect to that increase will be
the total cost of insurance we deducted for the increase. No new suicide
exclusion period will apply if the face amount increase was due solely to
a change in the Life Insurance Benefit Option.
9.5 HOW ARE THE DATES REFERRED TO IN THIS POLICY MEASURED? Policy years,
months, and anniversaries are measured from the policy date, unless
otherwise stated.
9.6 HOW IS A PERSON'S AGE CALCULATED FOR THE PURPOSES OF THIS POLICY? When we
refer to a person's age in this policy, we mean his or her age on the
birthday which is nearest to the previous anniversary.
9.7 WHAT HAPPENS IF A PERSON'S AGE OR SEX HAS BEEN STATED INCORRECTLY? If we
would pay too little or too much because the age or sex of the Insured is
not correct as stated, we will adjust the proceeds, up or down, to
reflect the correct age or sex. The amount of the death benefit shall be
that which would be purchased by the most recent mortality charge at the
correct age and sex.
PAGE 17
9990-17
<PAGE> 23
SECTION NINE - GENERAL PROVISIONS (CONTINUED)
9.8 CAN PAYMENT OF A LOAN OR SURRENDER PROCEEDS BE DEFERRED? Generally, we
will grant any loan, or pay any surrender proceeds or life insurance
proceeds within 7 days after we receive all the requirements that we
need. However, we may defer making any of these payments for any period
during which the New York Stock Exchange is closed for trading (other
than the usual weekend or holiday closings), or if the Securities and
Exchange Commission restricts trading or has determined that a state of
emergency exists. If so, it may not be practical for us to determine the
investment experience of the Separate Account. In addition, we reserve
the right to defer any of these payments based on funds allocated to the
Fixed Account for as long as 6 months.
9.9 CAN YOU ASSIGN OR TRANSFER THE POLICY? While the Insured is living, you
can assign this policy, or any interest in it. If you do this, your
interest, and anyone else's is subject to that of the assignee. As owner,
you still have the rights of ownership which have not been assigned.
9.10 CAN THE ASSIGNEE CHANGE THE OWNER OR BENEFICIARY? An assignee cannot
change the owner or beneficiary of this policy, and cannot elect or
change an optional method of payment of proceeds. Any amount payable to
the assignee will be paid in one sum.
9.11 HOW DO YOU ASSIGN THE POLICY? You must provide us with a copy of the
assignment. We are not responsible for the validity of any assignment.
Any assignment will be subject to any payment we make or other action we
take before we record the assignment.
9.12 ARE THE PAYMENTS MADE UNDER THIS POLICY PROTECTED AGAINST CREDITORS?
Payments we make under this policy are, to the extent the law permits,
exempt from the claims, attachments, or levies of any creditors.
9.13 TO WHOM SHOULD PAYMENTS FOR THIS POLICY BE MADE? Any payment made to us
by check or money order must be payable to New York Life Insurance and
Annuity Corporation. When asked, we will provide a countersigned receipt,
signed by our President or Secretary, for any premium paid to us.
9.14 IS THIS POLICY SUBJECT TO ANY LAW? This policy is subject to all laws
which apply.
9.15 ARE ANY DIVIDENDS PAYABLE ON THIS POLICY? This is a non-participating
policy, on which no dividends are payable.
9.16 WILL YOU BE UPDATED REGARDING THE STATUS OF YOUR POLICY? Each policy year
after the first, while this policy is in force and the Insured is living,
we will send a written report to you within 30 days after the policy
anniversary. It will show, as of that anniversary, the cash value, cash
surrender value and the amount of any unpaid loan and accrued interest.
This report will also give you any other facts required by state law or
regulation.
PAGE 18
9990-18
<PAGE> 24
SECTION NINE - GENERAL PROVISIONS (CONTINUED)
9.17 CAN YOU EXCHANGE YOUR POLICY? Within 24 months of the issue date of this
policy, you can exchange it for a new policy on the life of the Insured
without evidence of insurability. In order to exchange this policy, we
will require:
(a) that this policy be in effect on the date of exchange;
(b) repayment of any unpaid loan and accrued interest;
(c) an adjustment, if any, for premiums and cash values of this and the
new policy.
The date of exchange will be the later of: (a) the date you send us this
policy along with a signed written request for an exchange; or (b) the
date we receive at our Home Office, or at any other location that we
indicate to you in writing, the necessary payment for the exchange.
The benefits of the new policy will not reflect the investment experience
of the Separate Account. The new policy will be on a permanent plan of
life insurance which we were offering for this purpose on the date of
issue of this policy. The new policy will have a face amount equal to the
initial face amount of this policy. It will be based on the same issue
age, sex and class of risk as this policy. All riders attached to this
policy will end on the date of exchange, unless we agree otherwise.
9.18 WHAT IS THE BASIS USED FOR COMPUTATION OF POLICY VALUES? All cash
surrender values and maximum cost of insurance rates referred to in this
policy are based on the mortality table referred to on Policy Data page
2. This mortality table applies if the Insured is in a standard or better
risk class. Separate scales of maximum cost of insurance rates apply to
substandard risk classes.
Continuous functions are used, with interest as stated in the Fixed
Account section. The guaranteed minimum rate of return of the Fixed
Account will yield values which are at least as much as the law requires.
We have filed a statement with the insurance official in the state or
district in which this policy is delivered. It describes, in detail, how
we compute policy benefits and cash surrender values.
PAGE 19
9990-19
<PAGE> 25
<TABLE>
<S> <C>
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION VARIABLE UNIVERSAL LIFE INSURANCE POLICY
51 Madison Avenue Variable Life Insurance Benefit - Flexible
New York, N.Y. 10010 Premium Payments. Proceeds Payable at Insured's Death.
AMOUNT OF VARIABLE LIFE INSURANCE OR CASH VALUE PROCEEDS MAY VARY,
REFLECTING INVESTMENT EXPERIENCE OF SEPARATE ACCOUNT.
No Premiums Payable on or After Age 100
A Stock Company Incorporated in Delaware Policy is Non-Participating
</TABLE>
799-90
