<PAGE> 1
As filed with the Securities and Exchange Commission on July 23, 1999
Registration No. 333-79309
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
------------------------------
PRE-EFFECTIVE AMENDMENT No. 1
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.
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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>
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VARIABLE UNIVERSAL LIFE 2000 INSURANCE POLICIES
PROSPECTUS DATED AUGUST 16, 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
DEDUCTIONS AND CHARGES................. 11
Deductions from Premiums............. 12
Sales Expense Charge.............. 12
State Tax Charge.................. 12
Federal Tax Charge................ 12
Deductions from Cash Value........... 13
Expense Allocation................ 13
Monthly Contract Charge........... 13
Charge for Cost of Insurance
Protection...................... 14
Separate Account Administrative
Charge.......................... 14
Rider Charges..................... 15
Separate Account Charges............. 16
Mortality and Expense Risk
Charge.......................... 16
Other Charges for Federal Income
Taxes........................... 16
Fund Charges......................... 17
Surrender Charges.................... 19
Charges in Policy Years 1-15...... 19
Additional Contract Charge on a
Surrender or Lapse in the First
Policy Year..................... 20
Surrender Charges after Face
Amount Increases................ 20
Surrender Charges on Face Amount
Decreases....................... 20
Exceptions to Surrender Charge.... 21
GENERAL DESCRIPTION.................... 21
When Life Insurance Coverage
Begins............................ 21
How the Policy Is Available.......... 21
How the Policy Works................. 21
LIFE INSURANCE PROTECTION.............. 23
Your Policy Proceeds................. 23
Your Life Insurance Benefit....... 23
Changing Your Life Insurance
Benefit Option.................. 24
Changing the Face Amount of Your
Policy.......................... 26
CASH VALUE AND CASH SURRENDER VALUE.... 27
Cash Value........................... 26
Amount in the Separate Account.... 27
Amount in the Fixed Account....... 28
Investment Return................. 28
Cash Surrender Value................. 28
</TABLE>
<TABLE>
<CAPTION>
PAGE
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<S> <C>
LOANS.................................. 29
Your Policy as Collateral for the
Loan.............................. 29
Loan Interest........................ 29
Interest on the Cash Value Held as
Collateral........................ 30
When Loan Interest Is Due............ 30
Loan Repayment....................... 30
The Effects of a Policy Loan......... 30
PARTIAL WITHDRAWALS.................... 31
Amount Available to Withdraw......... 31
Requesting a Partial Withdrawal...... 31
When Is the Partial Withdrawal
Effective......................... 31
Partial Withdrawal Fee and Surrender
Charge............................ 31
Allocation of Partial Withdrawal and
Fee............................... 31
The Effects of a Partial
Withdrawal........................ 32
SURRENDERS............................. 32
Requesting a Surrender............... 32
When Is the Surrender Effective...... 32
Surrender Charges.................... 32
ADDITIONAL BENEFITS THROUGH RIDERS AND
OPTIONS.............................. 33
How the Riders Are Available......... 33
Accidental Death Benefit............. 33
Monthly Deduction Waiver............. 33
Supplementary Term Rider............. 34
Guaranteed Minimum Death Benefit
Rider............................. 35
Term Insurance on Other Covered
Insured Rider..................... 36
Children's Insurance Rider........... 37
Guaranteed Insurability Rider........ 37
Living Benefits Rider................ 38
Insurance Exchange Rider............. 39
Spouse's Paid-Up Insurance Purchase
Option............................ 39
PREMIUMS............................... 40
Premium Allocation................... 41
Termination.......................... 41
Late Period.......................... 42
No-Lapse Guarantee................... 42
Reinstatement Option................. 42
Maturity Date........................ 43
INVESTMENTS............................ 44
The Separate Account................. 44
Funds............................. 45
Portfolios........................ 47
</TABLE>
2
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<TABLE>
<CAPTION>
PAGE
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<S> <C>
Additions, Deletions or
Substitutions of Investments.... 51
Reinvestment...................... 51
The Fixed Account.................... 51
Interest Credited on Amounts in
the Fixed Account............... 51
Assets in the Fixed Account....... 52
Transfers Between Investment
Divisions and/or the Fixed
Account........................... 52
Requesting a Transfer............. 53
Dollar Cost Averaging................ 54
Automatic Asset Reallocation......... 54
Interest Sweep....................... 55
POLICY PROCEEDS........................ 56
Beneficiary.......................... 56
When We Pay Proceeds................. 56
Payment Options...................... 57
Payees............................... 58
ADDITIONAL POLICY PROVISIONS........... 58
Limits on Our Rights to Challenge
Your Policy....................... 58
Suicide.............................. 58
Misstatement of Age or Sex........... 58
Assignment........................... 59
</TABLE>
<TABLE>
<CAPTION>
PAGE
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<S> <C>
FREE LOOK.............................. 59
EXCHANGE PRIVILEGE..................... 59
ADDITIONAL PROVISIONS REGARDING THE
SEPARATE ACCOUNT..................... 60
Your Voting Rights................... 60
Our Rights........................... 60
FEDERAL INCOME TAX CONSIDERATIONS...... 61
ABOUT NYLIAC........................... 67
Year 2000 Readiness.................. 67
Directors and Principal Officers of
NYLIAC............................ 68
RECORDS AND REPORTS.................... 70
SALES AND OTHER AGREEMENTS............. 70
LEGAL PROCEEDINGS...................... 71
INDEPENDENT ACCOUNTANTS................ 71
EXPERTS................................ 71
FINANCIAL STATEMENTS................... 72
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 14 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 18
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 19 for an explanation of
these charges.)
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<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.
9
<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.
10
<PAGE> 15
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 19. 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 18) 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.
11
<PAGE> 16
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 the face
amount of your base policy, we will increase your Surrender Charge Premium to
reflect the amount of increase and the insured's attained age on the most recent
policy anniversary. If you decrease the face amount of your base policy, we will
correspondingly decrease your Surrender Charge Premium, starting with the
portion of your Surrender Charge Premium attributable to the most recent
increase.
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
12
<PAGE> 17
this charge from Qualified Policies. We may increase the amount we deduct as a
federal tax charge to reflect changes in the law.
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.
13
<PAGE> 18
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.
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.
14
<PAGE> 19
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 as of that
Monthly Deduction Day. 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.
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 monthly charge for the Living Benefits Rider, the Insurance Exchange
Rider or the Spouse's Paid-Up Insurance Option. However, we will deduct a $150
administrative fee when you receive an accelerated death benefit under the
Living Benefits Rider.
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.
15
<PAGE> 20
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.
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.
16
<PAGE> 21
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:
17
<PAGE> 22
<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. In the
absence of the expense reimbursement agreement, the "Total Fund Annual
Expenses" would have been 1.30%, 1.39% and 1.28% for the MainStay VP
American Century Income & Growth Portfolio, MainStay VP Dreyfus Large
Company Value Portfolio and MainStay VP Eagle Asset Management Growth Equity
Portfolio, respectively.
(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.
18
<PAGE> 23
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.
19
<PAGE> 24
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 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 which fall during the first Policy
Year, 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 Surrender
Charge Premium we use under this schedule will be based on the insured's
attained age on the most recent policy anniversary at the time of increase. 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>
20
<PAGE> 25
We will not impose a surrender charge on a decrease or termination of any
rider.
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.
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 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.
21
<PAGE> 26
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 4.67% net annual investment return. It also assumes the policy is
in its first Policy Year.
<TABLE>
<S> <C> <C>
PREMIUM(1) $ 3,000.00 You choose the amount of premium you intend to
Less sales expense charge(2) 82.50 pay and the frequency with which you intend to
Less state tax charge (2%) 60.00 make these payments. We call this your planned
Less Federal tax charge (1.25%) 37.50 premium. Any additional premium payments you
(if applicable) make are called unplanned premiums.
- ------------------------------------------
NET PREMIUM $ 2,820.00 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) 117.47
348.00
Less total annual monthly contract
charge(3)
Less total annual monthly cost of 213.04
insurance charge (varies monthly)
Less total annual Separate Account
administrative charge (based on
amount of cash value allocated to
the Separate Account)(4) 5.23
Less total annual monthly cost of
riders(5) 0.00
- ------------------------------------------
CASH VALUE $ 2,371.20 Cash value may be used to determine the amount
Less surrender charge(6) of your Life Insurance Benefit as well as the
(if applicable) 1,500.00 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 $ 871.20 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 $3,000 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 12.
(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 15.
(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 20.
22
<PAGE> 27
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 on the Life
of the Primary Insured 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 in order to meet the
requirements of Section 7702 of the Internal Revenue Code, 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> 28
EXAMPLES
(Effect of IRC Section 7702 on Life Insurance Benefit)
LIFE INSURANCE BENEFIT OPTION 1
LIFE INSURANCE BENEFIT OPTION 2
<TABLE>
<S> <C> <C>
EXAMPLE 1:
Life Insurance Benefit = Face Amount
Face Amount: $100,000
Cash Value: $ 25,000
IRC Section 7702
Percentage 379%
(under cash value
accumulation test)
Greater of:
Face Amount: $100,000
% of Cash Value:
($25,000 X 379%) $ 94,750
-----------------------
--------
Life Insurance Benefit: $100,000
EXAMPLE 2:
Life Insurance Benefit = % of Cash Value
Face Amount: $100,000
Cash Value: $ 50,000
IRC Section 7702
Percentage 379%
(under cash value
accumulation test)
Greater of:
Face Amount: $100,000
% of Cash Value:
($50,000 X 379%) $189,500
-----------------------
--------
Life Insurance Benefit: $189,500
EXAMPLE 1:
Life Insurance Benefit = Face Amount +
Cash Value
Face Amount: $100,000
Cash Value: $ 20,000
IRC Section 7702
Percentage 379%
(under cash value
accumulation test)
Greater of:
Face Amount + Cash Value: $120,000
% of Cash Value:
($20,000 X 379%) $ 75,800
-----------------------
--------
Life Insurance Benefit: $120,000
EXAMPLE 2:
Life Insurance Benefit = % of Cash Value
Face Amount: $100,000
Cash Value: $ 40,000
IRC Section 7702
Percentage 379%
(under cash value
accumulation test)
Greater of:
Face Amount + Cash Value: $140,000
% of Cash Value:
($40,000 X 379%) $151,600
-----------------------
--------
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
24
<PAGE> 29
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
25
<PAGE> 30
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;
-- a new seven year testing period for modified endowment contract status
may begin; and
-- restrictions on the amount that you may transfer from the Investment
Divisions to the Fixed Account.
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:
-- a change in the total policy cost of insurance charge;
-- a surrender charge may apply to the amount of the decreased face
amount (we will deem the amount attributable to your most recent
increase in face amount to be canceled first); and
-- possible adverse tax consequences.
26
<PAGE> 31
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 28 and SURRENDERS on page 32 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. We are closed
on national holidays, the day before Christmas, Martin Luther King, Jr. Day, the
day after Independence Day and the Friday after Thanksgiving.
The value of an accumulation unit on any valuation day equals the value of
an accumulation unit on the preceding valuation day multiplied by the net
investment factor. We calculate a 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 using the following
formula:
(a/b)-c
Where: a = the sum of:
(1) the net asset value of the Fund share held in the
Separate Account for that Investment Division at the
end of the current valuation day, plus
27
<PAGE> 32
(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 such period.
b = the net asset value of the Fund share held in the Separate
Account for that Investment Division at the end of the
preceding valuation day.
c = 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 value of
each Investment Division's assets.
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 20. Since the cash value of the policy fluctuates with
28
<PAGE> 33
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.
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 any amount up to the loan value of the policy. The loan
value at any time is equal to 90% of your policy's cash surrender value less, in
the first Policy Year, the amount of any additional contract charge which would
apply if you were to fully surrender your policy during that time. (See
ADDITIONAL CONTRACT CHARGE ON A SURRENDER OR LAPSE IN THE FIRST POLICY YEAR on
page 19.) 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 is at least 106% of the requested loan plus any outstanding loans,
including accrued loan interest. 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%. See WHEN
INTEREST IS DUE on page 29 for details on when the loan interest is payable. 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
29
<PAGE> 34
three months. If we increase the rate, we will not increase it by more than 1%
per calendar year.
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 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
30
<PAGE> 35
modified endowment contract, a loan may result in taxable income to you. See
FEDERAL INCOME TAX CONSIDERATIONS on page 61 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.
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 19.
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
31
<PAGE> 36
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.
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). This occurs because your Life Insurance
Benefit under this option is equal to your policy's face amount. 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 61 for more information.
We may restrict the amount and frequency of partial withdrawals, within
certain limits. For instance, we may restrict the amount and/or frequency of a
partial withdrawal request if the policy's cash surrender value is insufficient
to pay the amount requested. We will pay any partial withdrawals generally
within seven days after we receive all the necessary documentation and
information. However, we may delay payment under certain circumstances. See WHEN
WE PAY PROCEEDS on page 56 for more information.
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
32
<PAGE> 37
deduct any applicable surrender charge before we pay you the surrender proceeds.
See SURRENDER CHARGES on page 19 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)
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, Living Benefits and Insurance
Exchange 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 13.
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
33
<PAGE> 38
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.
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 12 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;
34
<PAGE> 39
-- 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
-- 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 12 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.
35
<PAGE> 40
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>
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.
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<PAGE> 41
The term insurance under this rider will end when the Primary Insured dies.
However, provided the rider is in effect and you are not the Primary Insured
under the policy, 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.
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.
37
<PAGE> 42
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
Monthly Deduction Day on or following the date which is three months after any
of these 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 elected, the new policy or increase in face amount will take effect as
of a scheduled or alternative option date. This date will always be a Monthly
Deduction Day. When one of the events that would trigger an alternative option
date occurs, 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. This term insurance coverage will begin on the date
that the event which triggers the alternative option date occurs until the
alternative option date. We do not provide term insurance for any period before
or after a scheduled 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 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 must elect this rider when you apply for your policy or after
we issue your policy.
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).
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<PAGE> 43
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, Surrender Charge Premium, 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.
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.
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<PAGE> 44
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 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 41.
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.
The excess amount of the premiums we return to you will not include any gains or
losses attributable to the investment return on those premiums. We will credit
interest at a rate of not less than 3% on those premiums from the date such
premiums cause the policy to exceed the amount permitted under the guideline
premium test to the date we return the premiums to you.
For purposes of determining whether we require additional underwriting when
accepting a premium payment, we divide your premium payments into planned and
unplanned premiums.
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<PAGE> 45
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 below and LATE
PERIOD on page 42 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. The increase may occur in order for your policy to continue
to qualify as life insurance under the Internal Revenue Code.
- -- 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 on page 59. 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> 46
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.
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> 47
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 20.)
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.
We will allocate your payment to the Investment Divisions and/or the Fixed
Account, according to your instructions at the time you make such payment.
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).
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<PAGE> 48
Please consult your tax advisor regarding the tax implications of these
options.
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.
However, you can have money in twenty-one investment options, including the
Fixed Account, at any given time.
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> 49
<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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<PAGE> 50
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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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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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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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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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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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.
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-- 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.
-- 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 deduct this
charge from amounts in the Investment Divisions and amounts not held as
collateral for a loan in the Fixed Account in proportion to amounts in
these investment options. 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.
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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 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 address listed on the cover page of this
prospectus (or any other address we indicate to you in writing). 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
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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 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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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.
-- 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.
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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 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:
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1999-2005 2006-2015 2016-2025 2026-2035 2036 AND LATER
- --------- --------- --------- --------- --------------
<S> <C> <C> <C> <C>
+1 0 -1 -2 -3
</TABLE>
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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 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.
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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 address 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 61. 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.
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 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).
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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.
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.
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;
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-- 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.
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
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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.
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
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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.
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.
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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 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
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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.
In addition, if your policy lapses or you surrender it with an outstanding
loan, and the amount of the loan plus the cash surrender value is more than the
sum of premiums you paid, you will generally be liable for taxes on the excess.
Such amount will be taxed as ordinary income.
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.
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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 modified
endowment contracts, see page 62. 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.
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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.
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.
67
<PAGE> 72
DIRECTORS AND PRINCIPAL OFFICERS OF NYLIAC
<TABLE>
<S> <C>
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.
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.
</TABLE>
68
<PAGE> 73
<TABLE>
<S> <C>
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.
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.
</TABLE>
69
<PAGE> 74
<TABLE>
<S> <C>
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.
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 commission 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 commission target premium (not to
exceed 20% in
70
<PAGE> 75
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 commission 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.
INDEPENDENT ACCOUNTANTS
We have included the financial statements of NYLIAC in reliance on the
report 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.
71
<PAGE> 76
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. You should consider the financial statements of NYLIAC as
bearing only upon the ability of NYLIAC to meet its obligations under the
policy.
As of the date of this prospectus, the sale of Variable Universal Life 2000
insurance policies had not begun. Therefore, no financial statements for the
Separate Account are presented.
72
<PAGE> 77
FINANCIAL STATEMENTS
F-1
<PAGE> 78
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
BALANCE SHEET
<TABLE>
<CAPTION>
DECEMBER 31,
------------------
1998 1997
------- -------
(IN MILLIONS)
<S> <C> <C>
ASSETS
Fixed maturities
Available for sale, at fair value $13,081 $12,170
Held to maturity, at amortized cost 725 801
Equity securities 100 83
Mortgage loans 1,622 1,305
Real estate 116 151
Policy loans 491 481
Other long-term investments 26 20
------- -------
Total investments 16,161 15,011
Cash and cash equivalents 948 773
Deferred policy acquisition costs 859 688
Other assets 297 345
Separate account assets 6,852 4,315
------- -------
Total Assets $25,117 $21,132
======= =======
LIABILITIES AND STOCKHOLDER'S EQUITY
LIABILITIES
Policyholders' account balances $14,709 $13,716
Future policy benefits 315 276
Policy claims 60 55
Deferred taxes 101 93
Other liabilities 992 727
Separate account liabilities 6,792 4,303
------- -------
Total Liabilities 22,969 19,170
STOCKHOLDER'S EQUITY
Capital stock -- par value $10,000
(20,000 shares authorized, 2,500 issued and outstanding) 25 25
Additional paid in capital 480 480
Accumulated other comprehensive income 201 157
Retained earnings 1,442 1,300
------- -------
Total stockholder's equity 2,148 1,962
------- -------
Total liabilities and stockholder's equity $25,117 $21,132
======= =======
</TABLE>
See accompanying notes to financial statements.
F-2
<PAGE> 79
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
STATEMENT OF INCOME
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31,
--------------------------
1998 1997 1996
------ ------ ------
(IN MILLIONS)
<S> <C> <C> <C>
REVENUES
Universal life and annuity fees $ 293 $ 271 $ 236
Net investment income 1,115 1,066 1,048
Investment gains, net 56 126 65
Other income 122 78 56
------ ------ ------
Total revenues 1,586 1,541 1,405
------ ------ ------
EXPENSES
Interest credited to policyholders' account balances 784 748 723
Policyholder benefits 175 141 117
Operating expenses 405 352 299
------ ------ ------
Total expenses 1,364 1,241 1,139
------ ------ ------
Income before Federal income taxes 222 300 266
Federal income taxes:
Current 97 114 121
Deferred (17) (1) (24)
------ ------ ------
Total Federal income taxes 80 113 97
------ ------ ------
Net income $ 142 $ 187 $ 169
====== ====== ======
</TABLE>
See accompanying notes to financial statements.
F-3
<PAGE> 80
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
STATEMENT OF COMPREHENSIVE INCOME
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31,
------------------------
1998 1997 1996
----- ----- ------
(IN MILLIONS)
<S> <C> <C> <C>
Net Income $142 $187 $ 169
Other comprehensive income, net of tax:
Unrealized gains on securities:
Unrealized holding gains arising during period 79 -- --
Unrealized holding gains arising during period,
including reclassification adjustments -- 89 (159)
Less: reclassification adjustment for gains included
in net income 35 -- --
---- ---- -----
Other comprehensive income 44 89 (159)
---- ---- -----
Comprehensive income $186 $276 $ 10
==== ==== =====
</TABLE>
See accompanying notes to financial statements.
F-4
<PAGE> 81
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
STATEMENT OF CHANGES IN STOCKHOLDER'S EQUITY
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31,
--------------------------
1998 1997 1996
------ ------ ------
(IN MILLIONS)
<S> <C> <C> <C>
Stockholder's equity, beginning of year $1,962 $1,686 $1,676
Net Income 142 187 169
Other comprehensive income 44 89 (159)
------ ------ ------
Stockholder's equity, end of year $2,148 $1,962 $1,686
====== ====== ======
</TABLE>
See accompanying notes to financial statements.
F-5
<PAGE> 82
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
STATEMENT OF CASH FLOWS
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31,
------------------------------
1998 1997 1996
------- -------- -------
(IN MILLIONS)
<S> <C> <C> <C>
Cash Flows from Operating Activities:
Net income $ 142 $ 187 $ 169
Adjustments to reconcile net income to net cash provided
by operating activities:
Depreciation and amortization 2 (43) (18)
Net capitalization of deferred policy acquisition costs (192) (85) (44)
Universal life and annuity fees (198) (202) (188)
Interest credited to policyholders' account balances 784 748 723
Net realized investment gains (56) (126) (65)
Deferred income taxes (17) (1) (24)
(Increase) decrease in net separate account assets (42) 30 6
Increase (decrease) in loaned securities 425 -- --
(Increase) decrease in other assets and other
liabilities (90) 126 (127)
Increase (decrease) in policy claims 4 (2) (24)
Increase (decrease) in future policy benefits 39 25 18
------- -------- -------
Net cash provided by operating activities 801 657 426
------- -------- -------
Cash Flows from Investing Activities:
Proceeds from sale of available for sale fixed maturities 5,325 13,378 5,787
Proceeds from maturity of available for sale fixed
maturities 1,610 1,137 1,505
Proceeds from sale of held to maturity fixed securities -- 3 --
Proceeds from maturity of held to maturity fixed
maturities 102 112 141
Proceeds from sale of equity securities 77 140 47
Proceeds from repayment of mortgage loans 238 220 143
Proceeds from sale of real estate and other invested
assets 47 40 59
Cost of available for sale fixed maturities acquired (7,670) (14,391) (7,447)
Cost of held to maturity fixed maturities acquired (49) (281) (95)
Cost of equity securities acquired (83) (163) (43)
Cost of mortgage loans acquired (558) (413) (280)
Cost of real estate and other invested assets acquired (20) (29) (43)
Policy loans (10) (17) (29)
Securities sold under agreements to repurchase (net) (45) 134 (37)
------- -------- -------
Net cash used in investing activities (1,036) (130) (292)
------- -------- -------
Cash Flows from Financing Activities:
Policyholders' account balances:
Deposits 1,493 1,189 929
Withdrawals (1,151) (1,235) (1,188)
Net transfers from the separate accounts 67 58 33
------- -------- -------
Net cash provided (used) by financing activities 409 12 (226)
------- -------- -------
Effect of exchange rate changes on cash and cash equivalents 1 (2) 2
------- -------- -------
Net increase (decrease) in cash and cash equivalents 175 537 (90)
------- -------- -------
Cash and cash equivalents, beginning of year 773 236 326
------- -------- -------
Cash and cash equivalents, end of year $ 948 $ 773 $ 236
======= ======== =======
</TABLE>
See accompanying notes to financial statements.
F-6
<PAGE> 83
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 1998 AND 1997
NOTE 1 -- NATURE OF OPERATIONS
New York Life Insurance and Annuity Corporation ("NYLIAC") is a direct,
wholly owned subsidiary of New York Life Insurance Company ("New York Life")
domiciled in the State of Delaware. NYLIAC offers a wide variety of interest
sensitive insurance and annuity products to a large cross section of the
insurance market. NYLIAC markets its products in all 50 of the United States,
the District of Columbia and Taiwan, primarily through its agency force. In
addition, NYLIAC markets Corporate Owned Life Insurance through independent
brokers and brokerage general agents.
NOTE 2 -- SIGNIFICANT ACCOUNTING POLICIES
BASIS OF PRESENTATION
The accompanying financial statements have been prepared in conformity with
generally accepted accounting principles ("GAAP"). The preparation of financial
statements of life insurance enterprises requires management to make estimates
and assumptions that affect the reported amounts of assets and liabilities at
the date of the financial statements. Actual results may differ from estimates.
Certain reclassifications have been made to the 1997 and 1996 financial
statements to conform to the current year presentation.
INVESTMENTS
Fixed maturity investments, which NYLIAC has both the ability and the
intent to hold to maturity, are stated at amortized cost. Investments identified
as available for sale are reported at fair value. Unrealized gains and losses on
available for sale securities are reported in stockholder's equity, net of
deferred taxes and related adjustments. The cost basis of fixed maturity and
equity securities are adjusted for impairments in value deemed to be other than
temporary, with the associated realized loss reported in net income. Equity
securities are carried at fair value with related unrealized gains and losses
reflected in stockholder's equity, net of deferred taxes and related
adjustments. Mortgage loans are carried at unpaid principal balances, net of
impairment reserves, and are generally secured. Investment real estate, which
NYLIAC has the intent to hold for the production of income, is carried at
depreciated cost net of write-downs for other than temporary declines in fair
value. Properties held for sale are carried at the lower of cost or fair value
less estimated selling costs. Policy loans are stated at the aggregate balance
due, which approximates fair value since loans on policies have no defined
maturity date and reduce amounts payable at death or surrender. Cash equivalents
include investments that have maturities of 90 days or less at date of purchase
and are carried at amortized cost, which approximates fair value. Short-term
investments that have maturities of between 91-365 days at date of purchase are
included in fixed maturities on the balance sheet and are carried at amortized
cost, which approximates fair value.
Derivative financial instruments hedging exposure to interest rate
fluctuation on available for sale securities are accounted for at fair market
value. Unrealized gains and losses are reported in stockholder's equity, net of
deferred taxes and related adjustments. Amounts payable or receivable under
interest rate and commodity swap agreements and interest rate floor agreements
are recognized as investment income or expense when earned. Premiums paid for
interest rate floor agreements are amortized into interest expense over the life
of the agreement. Unamortized premiums are included in other assets in the
balance sheet. Realized gains and losses are recognized in net income upon
termination or maturity of the contracts.
DEFERRED POLICY ACQUISITION COSTS
The costs of acquiring new business and certain costs of issuing policies
that vary with and are primarily related to the production of new business have
been deferred and recorded as an asset in the balance sheet. These consist
primarily of commissions, certain expenses of underwriting and issuing
contracts, and certain agency expenses. Acquisition costs for universal life and
annuity contracts are amortized in proportion to
F-7
<PAGE> 84
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
DEFERRED POLICY ACQUISITION COSTS -- (CONTINUED)
estimated gross profits over the effective life of the contracts, which is
assumed to be 25 years for universal life contracts and 15 years for annuities.
Changes in assumptions are reflected in the current year's amortization.
The carrying amount of the deferred policy acquisition cost asset is
adjusted at each balance sheet date as if the unrealized gains or losses on
investments associated with these insurance contracts had been realized and
included in the gross profits used to determine current period amortization. The
increase or decrease in the deferred policy acquisition cost asset due to
unrealized gains or losses is recorded in comprehensive income.
RECOGNITION OF INCOME AND RELATED EXPENSES
Amounts received under universal life and annuity contracts are reported as
deposits to policyholders' account balances. Revenues from these contracts
consist of amounts assessed during the period for mortality and expense risk,
policy administration and surrender charges. Policy benefits and claims that are
charged to expenses include benefit claims incurred in the period in excess of
related policyholders' account balances.
POLICYHOLDERS' ACCOUNT BALANCES
Policyholders' account balances on universal life and annuity contracts are
equal to cumulative deposits plus credited interest less withdrawals and
charges.
FEDERAL INCOME TAXES
NYLIAC is a member of a group which files a consolidated Federal income tax
return with New York Life. The consolidated income tax provision or benefit is
allocated among the members of the group in accordance with a tax allocation
agreement. The tax allocation agreement provides that NYLIAC is allocated its
share of the consolidated tax provision or benefit determined generally on a
separate company basis. Current Federal income taxes are charged or credited to
operations based upon amounts estimated to be payable or recoverable as a result
of taxable operations for the current year and any adjustments to such estimates
from prior years. Deferred income tax assets and liabilities are recognized for
the future tax consequence of temporary differences between financial statement
carrying amounts and income tax bases of assets and liabilities.
Current Federal income taxes include a provision for NYLIAC's share of the
equity base tax applicable to mutual life insurance companies and their
insurance subsidiaries. The amount recorded is based on NYLIAC's estimate of the
differential earnings rate ("DER") (the actual rate will be announced at a later
date by the Internal Revenue Service ("IRS")) used to compute the equity base
tax.
REINSURANCE
NYLIAC enters into reinsurance agreements in the normal course of its
insurance business to reduce overall risk. NYLIAC remains liable for reinsurance
ceded if the reinsurer fails to meet its obligation on the business it has
assumed. NYLIAC evaluates the financial condition of its reinsurers to minimize
its exposure to significant losses from reinsurer insolvencies.
SEPARATE ACCOUNTS
NYLIAC has established separate accounts with varying investment objectives
which are segregated from NYLIAC's general account and are maintained for the
benefit of separate account policyholders and NYLIAC. Separate account assets
are stated at market value. The liability for separate accounts represents
policyholders' interests in the separate account assets. For its registered
separate accounts, these liabilities include accumulated net investment income
and realized and unrealized gains and losses on those assets, and generally
reflect market value. For its guaranteed, non-registered separate accounts, the
liability includes interest credited to the policies.
F-8
<PAGE> 85
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
FAIR VALUES OF FINANCIAL INSTRUMENTS
Fair values of various assets and liabilities are included throughout the
notes to financial statements. Specifically, fair value disclosure of fixed
maturities, short-term investments, cash equivalents, equity securities and
mortgage loans is reported in Note 2 -- Significant Accounting Policies and Note
3 -- Investments. Fair values for policyholders' account balances are reported
in Note 5 -- Insurance Liabilities. Fair values for derivative financial
instruments are included in Note 10 -- Derivative Financial Instruments and Risk
Management. Fair values for repurchase agreements are included in Note
11 -- Commitments and Contingencies.
BUSINESS RISKS AND UNCERTAINTIES
The development of policy reserves and deferred policy acquisition costs
for NYLIAC's products requires management to make estimates and assumptions
regarding mortality, morbidity, lapse, expense and investment experience. Such
estimates are primarily based on historical experience and future expectations
of mortality, morbidity, expense, persistency and investment assumptions. Actual
results could differ from those estimates. Management monitors actual
experience, and where circumstances warrant, revises its assumptions and the
related estimates for policy reserves and deferred policy acquisition costs.
NYLIAC regularly invests in mortgage loans, mortgage-backed securities and
other securities subject to prepayment and/or call risk. Significant changes in
prevailing interest rates and/or geographic conditions may adversely affect the
timing and amount of cash flows on such securities, as well as their related
values. In addition, the amortization of market premium and accretion of market
discount for mortgage-backed securities is based on historical experience and
estimates of future payment experience on the underlying mortgage loans. Actual
prepayment speeds will differ from original estimates and may result in material
adjustments to amortization or accretion recorded in future periods.
As a subsidiary of a mutual life insurance company, NYLIAC is subject to a
tax on its equity base. The rates applied to NYLIAC's equity base are determined
annually by the IRS after comparison of mutual life insurance company earnings
for the year to the average earnings of the 50 largest stock life insurance
companies for the prior three years. Due to the timing of earnings information,
estimates of the current year's tax rate must be made by management. The
ultimate amounts of equity base tax incurred may vary considerably from the
original estimates.
ACCOUNTING CHANGES
During 1997, the Financial Accounting Standard Board ("FASB") issued SFAS
130, "Reporting Comprehensive Income" which establishes standards for the
reporting and display of comprehensive income and its components. Comprehensive
income is defined as net income adjusted for changes in stockholder's equity
resulting from events other than net income.
This Statement was adopted for the 1998 NYLIAC financial statements. The
1997 and 1996 financial statements were not restated to report the
reclassification adjustments separately from unrealized gains (losses) which
arose during the period. Adoption of this Statement had no effect on reported
net income or stockholder's equity.
RECENT ACCOUNTING PRONOUNCEMENTS
The FASB recently issued SFAS No. 133, "Accounting for Derivative
Instruments and Hedging Activities" (Statement). This Statement establishes new
GAAP accounting and reporting standards for derivative instruments, including
derivative instruments embedded in other contracts, and for hedging activities.
This Statement is effective for the 2000 financial statements of the Company.
NYLIAC is currently evaluating what impact, if any, this Statement will have on
its financial results.
This Statement requires that derivatives be reported in the balance sheet
at their fair value, regardless of any hedging relationship that may exist.
Accounting for the gains or losses resulting from changes in the values of those
derivatives would depend on the use of the derivative and whether it qualifies
for hedge accounting. Changes in fair value of derivatives that are not
designated as hedges or that do not meet the hedge accounting criteria will be
reported in earnings.
F-9
<PAGE> 86
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
NOTE 3 -- INVESTMENTS
FIXED MATURITIES
For publicly traded fixed maturities, estimated fair value is determined
using quoted market prices. For fixed maturities without a readily ascertainable
market value, NYLIAC has determined an estimated fair value using either a
discounted cash flow approach, including provisions for credit risk generally
based upon the assumption such securities will be held to maturity, or a
proprietary matrix pricing model.
At December 31, 1998 and 1997, the maturity distribution of fixed
maturities was as follows (in millions):
<TABLE>
<CAPTION>
1998 1997
----------------------- -----------------------
AMORTIZED ESTIMATED AMORTIZED ESTIMATED
AVAILABLE FOR SALE COST FAIR VALUE COST FAIR VALUE
- ------------------ --------- ---------- --------- ----------
<S> <C> <C> <C> <C>
Due in one year or less $ 518 $ 521 $ 480 $ 482
Due after one year through five years 3,473 3,533 3,053 3,099
Due after five years through ten years 1,804 1,885 2,156 2,230
Due after ten years 3,028 3,235 2,425 2,608
Asset-backed securities:
Government or government agency 2,080 2,121 2,271 2,324
Other 1,740 1,786 1,411 1,427
------- ------- ------- -------
Total Available for Sale $12,643 $13,081 $11,796 $12,170
======= ======= ======= =======
</TABLE>
<TABLE>
<CAPTION>
HELD TO MATURITY
- ----------------
<S> <C> <C> <C> <C>
Due in one year or less $ 27 $ 28 $ 30 $ 30
Due after one year through five years 225 291 225 239
Due after five years through ten years 219 228 226 240
Due after ten years 193 207 224 238
Asset-backed securities 61 62 96 97
------- ------- ------- -------
Total Held to Maturity $ 725 $ 816 $ 801 $ 844
======= ======= ======= =======
</TABLE>
At December 31, 1998 and 1997, the distribution of gross unrealized gains
and losses on investments in fixed maturities was as follows (in millions):
<TABLE>
<CAPTION>
1998
---------------------------------------------------
AMORTIZED UNREALIZED UNREALIZED ESTIMATED
AVAILABLE FOR SALE COST GAINS LOSSES FAIR VALUE
- ------------------ --------- ---------- ---------- ----------
<S> <C> <C> <C> <C>
U.S. Treasury and U.S. Government
corporations and agencies $ 1,006 $ 45 $ 1 $ 1,050
U.S. agencies, state and municipal 1,927 39 4 1,962
Foreign governments 234 22 -- 256
Corporate 7,736 338 47 8,027
Other 1,740 48 2 1,786
------- ---- --- -------
Total Available for Sale $12,643 $492 $54 $13,081
======= ==== === =======
HELD TO MATURITY
Corporate $ 664 $ 91 $ 1 $ 754
Other 61 1 -- 62
------- ---- --- -------
Total Held to Maturity $ 725 $ 92 $ 1 $ 816
======= ==== === =======
</TABLE>
F-10
<PAGE> 87
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
FIXED MATURITIES -- (CONTINUED)
<TABLE>
<CAPTION>
1997
---------------------------------------------------
AMORTIZED UNREALIZED UNREALIZED ESTIMATED
AVAILABLE FOR SALE COST GAINS LOSSES FAIR VALUE
- ------------------ --------- ---------- ---------- ----------
<S> <C> <C> <C> <C>
U.S. Treasury and U.S. Government
corporations and agencies $ 1,066 $ 36 $ 1 $ 1,101
U.S. agencies, state and municipal 1,946 42 2 1,986
Foreign governments 237 19 -- 256
Corporate 7,136 276 12 7,400
Other 1,411 20 4 1,427
------- ---- --- -------
Total Available for Sale $11,796 $393 $19 $12,170
======= ==== === =======
HELD TO MATURITY
Corporate $ 705 $ 42 $-- $ 747
Other 96 1 -- 97
------- ---- --- -------
Total Held to Maturity $ 801 $ 43 $-- $ 844
======= ==== === =======
</TABLE>
EQUITY SECURITIES
Estimated fair value of equity securities has been determined using quoted
market prices for publicly traded securities and a matrix pricing model for
private placement securities. At December 31, 1998 and 1997, the distribution of
gross unrealized gains and losses on equity securities is as follows (in
millions):
<TABLE>
<CAPTION>
UNREALIZED UNREALIZED ESTIMATED
COST GAINS LOSSES FAIR VALUE
---- ---------- ---------- ----------
<S> <C> <C> <C> <C>
1998 $76 $27 $3 $100
1997 $66 $25 $8 $ 83
</TABLE>
MORTGAGE LOANS
NYLIAC's mortgage loans are diversified by property type, location and
borrower, and are generally collateralized by the related property.
The fair market value of the mortgage loan portfolio at December 31, 1998
and 1997 is estimated to be $1,728 million and $1,408 million, respectively.
Market values are determined by discounting the projected cash flows for each
loan to determine the current net present value. The discount rate used
approximates the current rate for new mortgages with comparable characteristics
and similar remaining maturities.
At December 31, 1998 and 1997, contractual commitments to extend credit
under commercial and residential mortgage loan agreements amounted to
approximately $76 million and $108 million, respectively, at a fixed market rate
of interest. These commitments are diversified by property type and geographic
region.
The provision for losses on mortgage loans was $1 million and $14 million
at December 31, 1998 and 1997, respectively. The activity in the specific and
general reserves as of December 31, 1998 and 1997 is summarized below (in
millions):
<TABLE>
<CAPTION>
1998 1997
---- ----
<S> <C> <C>
Beginning Balance $14 $20
Reductions credited to operations (5) (1)
Recoveries of amounts previously written-down (8) (5)
--- ---
Ending Balance $ 1 $14
=== ===
</TABLE>
F-11
<PAGE> 88
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
MORTGAGE LOANS -- (CONTINUED)
Impaired mortgage loans along with specific provisions for losses as of
December 31, 1998 and 1997, were as follows (in millions):
<TABLE>
<CAPTION>
1998 1997
---- ----
<S> <C> <C>
Impaired mortgage loans with provisions for losses $-- $19
Provision for losses -- (8)
-- ---
Net impaired mortgage loans $-- $11
== ===
</TABLE>
NYLIAC accrues interest income on impaired loans to the extent it is deemed
collectible and the loan continues to perform under its original or restructured
contractual terms. Interest income on problem loans is generally recognized on a
cash basis. Cash payments on loans in the process of foreclosure are generally
treated as a return of principal.
At December 31, 1998 and 1997, the distribution of the mortgage loan
portfolio by property type and geographic region was as follows (in millions):
<TABLE>
<CAPTION>
1998 1997
------ ------
<S> <C> <C>
Property Type:
Office building $ 753 $ 601
Retail 330 255
Apartments 187 187
Residential 247 172
Other 105 90
------ ------
Total $1,622 $1,305
====== ======
Geographic Region:
Central $ 359 $ 250
Pacific 211 145
Middle Atlantic 451 426
South Atlantic 418 362
New England 121 73
Other 62 49
------ ------
Total $1,622 $1,305
====== ======
</TABLE>
REAL ESTATE
At December 31, 1998 and 1997, NYLIAC's real estate portfolio consisted of
the following (in millions):
<TABLE>
<CAPTION>
1998 1997
---- ----
<S> <C> <C>
Investment $105 $103
Acquired through foreclosures 11 19
Real estate joint ventures and limited partnerships -- 29
---- ----
Total real estate $116 $151
==== ====
</TABLE>
Accumulated depreciation on real estate at December 31, 1998 and 1997, was
$12 million and $8 million, respectively. Depreciation expense totaled $3
million in 1998, 1997 and 1996.
F-12
<PAGE> 89
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
NOTE 4 -- INVESTMENT INCOME AND CAPITAL GAINS AND LOSSES
The components of net investment income for the years ended December 31,
1998, 1997 and 1996, were as follows (in millions):
<TABLE>
<CAPTION>
1998 1997 1996
------ ------ ------
<S> <C> <C> <C>
Fixed maturities $ 972 $ 961 $ 920
Equity securities 7 6 3
Mortgage loans 116 96 93
Real estate 15 18 21
Policy loans 40 39 37
Other 9 1 6
------ ------ ------
Gross investment income 1,159 1,121 1,080
Investment expenses (44) (55) (32)
------ ------ ------
Net investment income $1,115 $1,066 $1,048
====== ====== ======
</TABLE>
For the years ended December 31, 1998, 1997 and 1996, realized investment
gains computed under the specific identification method are as follows (in
millions):
<TABLE>
<CAPTION>
1998 1997 1996
-------------------- --------------------- --------------------
GAINS LOSSES GAINS LOSSES GAINS LOSSES
----- ------ ----- ------ ----- ------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C>
Fixed maturities $ 87 $(29) $172 $ (83) $100 $ (64)
Equity securities 7 (7) 9 (4) 22 (1)
Mortgage loans 16 (8) 12 (8) 15 (19)
Real estate 6 (2) 3 (2) 6 (3)
Derivative instruments -- -- 80 (71) 46 (41)
Other 3 (17) 19 (1) 7 (3)
---- ---- ---- ----- ---- -----
Subtotal $119 $(63) $295 $(169) $196 $(131)
---- ---- ---- ----- ---- -----
Investment gains, net $56 $126 $65
=== ==== ===
</TABLE>
During 1997, one fixed maturity investment that had been classified as held
to maturity was sold due to credit deterioration. The investment had an
amortized cost of $2,791,000, and the sale resulted in a realized gain of
$14,000.
Stockholder's equity at December 31, 1998 and 1997 includes net unrealized
gains as follows (in millions):
<TABLE>
<CAPTION>
1998 1997
---- ----
<S> <C> <C>
Net unrealized gains on investments before adjustments $472 $382
---- ----
Related adjustments
Deferred policy acquisition costs (169) (148)
Policyholder liabilities 6 7
Deferred Federal income taxes (108) (84)
---- ----
(271) (225)
---- ----
Net unrealized gains on investments included in
Stockholder's equity $201 $157
==== ====
</TABLE>
F-13
<PAGE> 90
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
NOTE 4 -- INVESTMENT INCOME AND CAPITAL GAINS AND LOSSES -- (CONTINUED)
Changes in net unrealized gains and losses on investments were as follows
(in millions):
<TABLE>
<CAPTION>
1998 1997
---- ----
<S> <C> <C>
Unrealized gains (losses) on investments:
Beginning of year $382 $163
End of year 472 382
---- ----
Net change 90 219
Change in related adjustments of balance sheet accounts:
Deferred policy acquisition costs (21) (88)
Policyholder liabilities (1) 5
Deferred Federal income taxes (24) (47)
---- ----
Change in unrealized gains on investments 44 89
Net unrealized gains on investments at beginning of year 157 68
---- ----
Net unrealized gains on investments at end of year $201 $157
==== ====
</TABLE>
NOTE 5 -- INSURANCE LIABILITIES
NYLIAC's annuity contracts are primarily deferred annuities. The carrying
value, which approximates fair value, of NYLIAC's liabilities for deferred
annuities at December 31, 1998 and 1997, was $6,905 million and $7,150 million,
respectively.
NOTE 6 -- SEPARATE ACCOUNTS
NYLIAC maintains eight non-guaranteed, registered separate accounts for its
variable deferred annuity and variable life products. NYLIAC maintains
investments in the registered separate accounts of $54 million and $12 million
at December 31, 1998 and 1997, respectively. The assets of the separate
accounts, which are carried at market value, represent investments in shares of
the New York Life sponsored MainStay VP Series Fund and other non-proprietary
funds.
In addition, in 1997 two guaranteed, non-registered separate accounts were
established for universal life insurance policies. These accounts provide a
minimum guaranteed interest rate with a market value adjustment imposed upon
certain surrenders. The assets of these separate accounts are carried at market
value. At December 31, 1998, no policies had yet been issued for one of these
separate accounts.
NOTE 7 -- DEFERRED POLICY ACQUISITION COSTS
An analysis of deferred policy acquisition costs (DAC) for the years ended
December 31, 1998, 1997 and 1996 is as follows (in millions):
<TABLE>
<CAPTION>
1998 1997 1996
------ ----- -----
<S> <C> <C> <C>
Balance at beginning of year before adjustment for
unrealized gains on investments $ 836 $ 751 $ 707
Current year additions 286 200 151
Amortized during year (94) (115) (107)
Balance at end of year before adjustment for
unrealized gains on investments 1,028 836 751
Adjustment for unrealized gains on investments (169) (148) (60)
------ ----- -----
Balance at end of year $ 859 $ 688 $ 691
====== ===== =====
</TABLE>
F-14
<PAGE> 91
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
NOTE 8 -- FEDERAL INCOME TAXES
The components of the net deferred tax liability as of December 31, 1998
and 1997 are as follows (in millions):
<TABLE>
<CAPTION>
1998 1997
---- ----
<S> <C> <C>
Deferred tax assets:
Future policyholder benefits $196 $153
Employee and agents' benefits 53 49
Other -- 6
---- ----
Gross deferred tax assets 249 208
==== ====
Deferred tax liabilities:
Deferred policy acquisition costs 168 147
Investments 174 149
Other 8 5
---- ----
Gross deferred tax liabilities 350 301
---- ----
Net deferred tax liability $101 $ 93
==== ====
</TABLE>
The gross deferred tax asset relates to temporary differences that are
expected to reverse as net ordinary deductions. Management believes that
NYLIAC's taxable income in future years will be sufficient to realize the
deferred tax benefits and therefore, no valuation allowance has been recorded.
Set forth below is a reconciliation of the Federal income tax rate to the
effective tax rate for 1998, 1997 and 1996:
<TABLE>
<CAPTION>
1998 1997 1996
---- ---- ----
<S> <C> <C> <C>
Statutory federal income tax rate 35.0% 35.0% 35.0%
Equity base tax 1.7 3.3 3.2
Tax exempt income (.5) (.5) (.7)
Other (.2) (.1) (.9)
---- ---- ----
Effective tax rate 36.0% 37.7% 36.6%
==== ==== ====
</TABLE>
NYLIAC's Federal income tax returns are routinely examined by the IRS and
provisions are made in the financial statements in anticipation of the results
of these audits. The IRS has completed audits through 1993. There were no
material effects on NYLIAC's results of operations as a result of these audits.
NYLIAC believes that its recorded income tax liabilities are adequate for all
open years.
NOTE 9 -- REINSURANCE
On April 1, 1997, NYLIAC, under the terms of an assumption reinsurance
agreement, acquired certain bank owned life insurance policies that had been
issued by Confederation Life Insurance Company. In conjunction with this
transaction, NYLIAC recorded a liability for policyholder account balances of
$278 million, and received cash of $245 million and a note receivable of $11
million. The difference of $22 million between the liability recorded and the
assets received has been recorded as DAC, which will be amortized over the
remaining life of the policies, assumed to be 25 years.
NOTE 10 -- DERIVATIVE FINANCIAL INSTRUMENTS AND RISK MANAGEMENT
NYLIAC uses derivative financial instruments to manage interest rate,
commodity and market risk. These derivative financial instruments include
interest rate floors and interest rate and commodity swaps. NYLIAC has not
engaged in derivative financial instrument transactions for speculative
purposes.
F-15
<PAGE> 92
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
NOTE 10 -- DERIVATIVE FINANCIAL INSTRUMENTS AND RISK MANAGEMENT -- (CONTINUED)
Notional or contractual amounts of derivative financial instruments provide
only a measure of involvement in these types of transactions and do not
represent the amounts exchanged between the parties engaged in the transaction.
The amounts exchanged are determined by reference to the notional amounts and
other terms of the derivative financial instruments which relate to interest
rates and other financial indices.
NYLIAC is exposed to credit-related losses in the event that a counterparty
fails to perform its obligations under contractual terms. The credit exposure of
derivative financial instruments is represented by the sum of fair values of
contracts with each counterparty, if the net value is positive, at the reporting
date.
NYLIAC deals with highly rated counterparties and does not expect the
counterparties to fail to meet their obligations. NYLIAC has controls in place
to monitor credit exposures by limiting transactions with specific
counterparties within specified dollar limits and assessing the future
creditworthiness of counterparties. NYLIAC uses master netting agreements and
adjusts transaction levels, when appropriate, to minimize risk.
INTEREST RATE RISK MANAGEMENT
NYLIAC enters into various types of interest rate contracts primarily to
minimize exposure of specific assets held by NYLIAC to fluctuations in interest
rates.
The following table summarizes the notional amounts and credit exposures of
interest rate related derivative transactions (in thousands):
<TABLE>
<CAPTION>
1998 1997
-------------------- --------------------
NOTIONAL CREDIT NOTIONAL CREDIT
AMOUNT EXPOSURE AMOUNT EXPOSURE
-------- -------- -------- --------
<S> <C> <C> <C> <C>
Interest Rate Swaps $125,000 $9,125 $125,000 $2,973
Floors $150,000 $ 748 $150,000 $ 251
</TABLE>
Interest rate swaps are agreements with other parties to exchange, at
specified intervals, the difference between fixed-rate and floating-rate
interest amounts calculated by reference to an agreed upon notional amount. Swap
contracts outstanding at December 31, 1998 are between six years, eight months
and nineteen years in maturity. At December 31, 1997 such contracts were between
seven years, eight months and twenty years in maturity. NYLIAC does not act as
an intermediary or broker in interest rate swaps.
The following table shows the type of swaps used by NYLIAC and the weighted
average interest rates. Average variable rates are based on the rates which
determine the last payment received or paid on each contract; those rates may
change significantly, affecting future cash flows:
<TABLE>
<CAPTION>
1998 1997
-------- --------
<S> <C> <C>
Receive - fixed swaps - Notional amount (in thousands) $125,000 $125,000
Average receive rate 6.64% 6.64%
Average pay rate 5.65% 5.70%
</TABLE>
During the term of the swap, net settlement amounts are recorded as
investment income or expense when earned. Fair values of interest rate swaps
were $9,125,000 and $2,973,000 at December 31, 1998 and 1997, respectively,
based on quoted market prices.
Interest rate floor agreements entitle NYLIAC to receive amounts from
counterparties based upon the difference between a strike price and current
interest rates. Such agreements serve as hedges against declining interest rates
on a portfolio of assets. Amounts received during the term of interest rate
floor agreements are recorded as investment income.
At December 31, 1998 and 1997, unamortized premiums on interest rate floors
amounted to $372,000 and $447,000, respectively. Fair values of such agreements
were $748,000 and $251,000 at December 31, 1998 and 1997, respectively, based on
quoted market prices.
F-16
<PAGE> 93
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
COMMODITY RISK MANAGEMENT
NYLIAC has certain bond investments with interest payments linked to prices
of commodities such as gold and crude oil. NYLIAC has entered into commodity
swaps with a total notional amount of $18,000,000 as a hedge against commodity
risks in both 1998 and 1997. The credit exposure of these swaps was $1,290,000
and $3,021,000 at December 31, 1998 and 1997, respectively.
NOTE 11 -- COMMITMENTS AND CONTINGENCIES
LITIGATION
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.
LOANED SECURITIES AND REPURCHASE AGREEMENTS
NYLIAC participates in a securities lending program for the purpose of
enhancing income on securities held. At December 31, 1998 and 1997, $571 million
and $659 million, respectively, of NYLIAC's fixed maturities and equity
securities were on loan to others, but were fully collateralized in an account
held in trust for NYLIAC. Such assets reflect the extent of NYLIAC's involvement
in securities lending, not NYLIAC's risk of loss.
NYLIAC enters into agreements to sell and repurchase securities for the
purpose of enhancing income on securities held. Under these agreements, NYLIAC
obtains the use of funds from a broker for approximately one month. The
liability reported in the balance sheet (included in other liabilities) at
December 31, 1998 of $139 million ($184 million at December 31, 1997)
approximates fair value. The investments acquired with the funds received from
the securities sold are primarily included in cash and cash equivalents in the
balance sheet.
NOTE 12 -- RELATED PARTY TRANSACTIONS
New York Life provides NYLIAC with services and facilities for the sale of
insurance and other activities related to the business of insurance. NYLIAC
reimburses New York Life for the identified costs associated with these services
and facilities under the terms of a Service Agreement between New York Life and
NYLIAC. Such costs, amounting to $342 million for the year ended December 31,
1998 ($247 million for 1997 and $191 million for 1996) are reflected in
operating expenses and net investment income in the accompanying Statement of
Income.
In 1998, NYLIAC sold a Corporate Owned Life (COLI) policy to its parent,
New York Life Insurance Company, for $250 million in premium. The policy was
sold on the same basis as policies sold to unrelated customers.
F-17
<PAGE> 94
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
NOTE 13 -- ACCUMULATED OTHER COMPREHENSIVE INCOME
Accumulated Other Comprehensive Income is as follows (in millions):
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31,
------------------------
1998 1997 1996
----- ----- ------
<S> <C> <C> <C>
Unrealized gains on securities:
Beginning balance $157 $ 68 $ 227
Current period change 44 89 (159)
---- ---- -----
Ending balance $201 $157 $ 68
==== ==== =====
</TABLE>
The related tax effects allocated to Other Comprehensive Income are as
follows (in millions):
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31, 1998
--------------------------------------
TAX
BEFORE-TAX (EXPENSE) NET-OF-TAX
AMOUNT OR BENEFIT AMOUNT
---------- ---------- ----------
<S> <C> <C> <C>
Unrealized gains (losses) on securities:
Unrealized holding gains (losses) arising during
period $123 $(44) $79
Less: reclassification adjustment for gains
(losses) in net income 54 (19) 35
---- ---- ---
Other Comprehensive Income $ 69 $(25) $44
==== ==== ===
</TABLE>
NOTE 14 -- SUPPLEMENTAL CASH FLOW INFORMATION
Federal income taxes paid were $67 million, $126 million, and $146 million
during 1998, 1997 and 1996, respectively.
Total interest paid was $27 million, $35 million and $10 million during
1998, 1997 and 1996, respectively.
NOTE 15 -- RECONCILIATIONS BETWEEN STATUTORY ACCOUNTING AND GAAP
Accounting practices used to prepare statutory financial statements for
regulatory filings of life insurance companies differ in certain instances from
GAAP. The following chart reconciles NYLIAC's statutory surplus determined in
accordance with accounting practices prescribed by the Delaware State Insurance
Department with stockholder's equity on a GAAP basis (in millions):
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31,
--------------------------
1998 1997 1996
------ ------ ------
<S> <C> <C> <C>
Statutory Surplus $1,095 $1,089 $ 998
------ ------ ------
Adjustments:
Deferred policy acquisition costs 859 688 691
Investment related 458 377 151
Asset valuation reserve 197 165 164
Interest maintenance reserve 120 105 35
Non-admitted assets 66 59 31
Policyholder liabilities (447) (330) (263)
Deferred taxes (101) (94) (47)
Employee benefit liabilities (79) (74) (72)
Other (20) (23) (2)
------ ------ ------
Total adjustments 1,053 873 688
------ ------ ------
Total GAAP Stockholder's Equity $2,148 $1,962 $1,686
====== ====== ======
</TABLE>
F-18
<PAGE> 95
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
(A WHOLLY OWNED SUBSIDIARY OF NEW YORK LIFE INSURANCE COMPANY)
NOTE 15 -- RECONCILIATIONS BETWEEN STATUTORY ACCOUNTING AND GAAP -- (CONTINUED)
The following chart reconciles NYLIAC's statutory net income determined in
accordance with accounting practices prescribed by the Delaware State Insurance
Department with net income on a GAAP basis (in millions):
<TABLE>
<CAPTION>
YEAR ENDED DECEMBER 31,
------------------------
1998 1997 1996
------ ----- -----
<S> <C> <C> <C>
Statutory Net Income $ 10 $134 $148
----- ---- ----
Adjustments:
Deferred policy acquisition costs 192 63 44
Investment related 19 7 2
Interest maintenance reserve 15 70 9
Policyholder liabilities (110) (84) (62)
Deferred taxes 17 1 24
Other (1) (4) 4
----- ---- ----
Total Adjustments 132 53 21
----- ---- ----
GAAP Net Income $ 142 $187 $169
===== ==== ====
</TABLE>
Financial statements prepared on the statutory basis of accounting vary
from those prepared under GAAP, primarily as follows: (1) the costs related to
acquiring business, principally commissions and certain policy issue expenses
are charged to income in the year incurred, whereas under GAAP they would be
deferred and amortized over the periods benefitted; (2) funds received under
deposit-type contracts are reported as premium income, whereas under GAAP, such
funds are recorded as a liability; (3) life insurance reserves are based on
different assumptions than they are under GAAP; (4) life insurance companies are
required to establish an Asset Valuation Reserve ("AVR") by a direct charge to
surplus to offset potential investment losses, whereas under GAAP, the AVR is
not recognized and any reserve for losses on investments would be deducted from
the assets to which they relate and would be charged to income; (5) investments
in fixed maturities are generally carried at amortized cost or values prescribed
by the National Association of Insurance Commissioners ("NAIC"); under GAAP,
investments in fixed maturities, which are available for sale or held for
trading, are generally carried at market value, with changes in market value
charged against equity or reflected in earnings; (6) realized gains and losses
resulting from changes in interest rates on fixed income investments are
deferred in the interest maintenance reserve and amortized into investment
income over the remaining life of the investment sold, whereas under GAAP, the
gains and losses are recognized in income at the time of sale; (7) deferred
federal income taxes are not provided for as they are under GAAP; and (8)
certain assets are considered non-admitted and are excluded from assets in the
balance sheet, whereas they are included under GAAP.
The Delaware Insurance Department recognizes only statutory accounting
practices for determining and reporting the financial condition and results of
operations of an insurance company, and for determining its solvency under the
Delaware Insurance Law. No consideration is given by the Department to financial
statements prepared in accordance with generally accepted accounting principles
in making such determinations.
At December 31, 1998 and 1997 on a statutory basis, admitted assets were
$23,351 million and $20,059 million respectively, and total liabilities were
$22,256 million and $18,970 million, respectively, which included policy
reserves of $14,626 million and $13,666 million, respectively.
NYLIAC is restricted as to the amounts it may pay as dividends to New York
Life. The maximum amount of dividends which can be paid by a Delaware insurance
company to its stockholders may not exceed that part of its available and
accumulated statutory surplus funds which is derived from net operating profits
and realized capital gains. Such available and accumulated funds at December 31,
1998 were $590 million.
F-19
<PAGE> 96
REPORT OF INDEPENDENT ACCOUNTANTS
To the Board of Directors and Stockholder of
New York Life Insurance and Annuity Corporation
In our opinion, the accompanying balance sheets and the related statements of
income and comprehensive income, of changes in stockholder's equity and of cash
flows present fairly, in all material respects, the financial position of New
York Life Insurance and Annuity Corporation at December 31, 1998 and 1997, and
the results of its operations and its cash flows for the three years in the
period ended December 31, 1998, in conformity with generally accepted accounting
principles. These financial statements are the responsibility of the Company's
management; our responsibility is to express an opinion on these financial
statements based on our audits. We conducted our audits of these statements in
accordance with generally accepted auditing standards which require that we plan
and perform the audit to obtain reasonable assurance about whether the financial
statements are free of material misstatement. An audit includes examining, on a
test basis, evidence supporting the amounts and disclosures in the financial
statements, assessing the accounting principles used and significant estimates
made by management, and evaluating overall financial statement presentation. We
believe that our audits provide a reasonable basis for the opinion expressed
above.
PRICEWATERHOUSECOOPERS LLP
1177 Avenue of the Americas
New York, New York 10036
March 9, 1999
F-20
<PAGE> 97
(THIS PAGE INTENTIONALLY LEFT BLANK)
<PAGE> 98
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 $3,000, a Surrender
Charge Premium of $3,830, 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 as a
percentage of the assets in each Investment Division, where the percentage
depends on the total assets in all Investment Divisions.
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 0.76% of the average daily net assets
of the Funds. This total is based upon (a) 0.45% of average daily net assets,
which is an average of the management fees of each Investment Division; (b)
0.13% of average daily net assets of the Funds which is an average of actual
administrative fees for each Investment Division; and (c) 0.18% 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> 99
"Other Expenses" and "Total Fund Annual Expenses" for the MainStay VP
American Century Income & Growth, MainStay VP Dreyfus Large Company Value and
MainStay VP Eagle Asset Management Growth Equity Portfolio reflect an expense
reimbursement agreement effective through December 31, 1999 limiting "Other
Expenses" to 0.15% annually. In the absence of the expense reimbursement
agreement, the "Total Fund Annual Expenses" would have been 1.30%, 1.39% and
1.28% for the MainStay VP American Century Income & Growth Portfolio, MainStay
VP Dreyfus Large Company Value Portfolio and MainStay VP Eagle Asset Management
Growth Equity Portfolio, respectively.
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 -1.26%,
4.67% and 10.59%, respectively, based on the current charge for mortality and
expense risks, and -1.55%, 4.35% and 10.26%, 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
A-2
<PAGE> 100
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-3
<PAGE> 101
FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE 2000 INSURANCE POLICY
MALE ISSUE AGE: 35, NON-SMOKER
PLANNED ANNUAL PREMIUM: $3,000
SURRENDER CHARGE PREMIUM: $3,380
INITIAL FACE AMOUNT: $250,000
LIFE INSURANCE BENEFIT OPTION 1
ASSUMING CURRENT CHARGES
<TABLE>
<CAPTION>
END OF YEAR
END OF YEAR DEATH BENEFIT(2) END OF YEAR CASH VALUE(2) CASH SURRENDER VALUE
ASSUMING HYPOTHETICAL GROSS ASSUMING HYPOTHETICAL GROSS ASSUMING HYPOTHETICAL GROSS
TOTAL PREMIUMS PAID ANNUAL INVESTMENT RETURN OF 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% 0% 6% 12%
- ----------- -------------------- -------- -------- -------- ------- -------- -------- ------- -------- --------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1 3,150 250,000 250,000 250,000 2,222 2,371 2,520 722 871 1,020
2 6,458 250,000 250,000 250,000 4,637 5,081 5,542 1,637 2,081 2,542
3 9,931 250,000 250,000 250,000 6,997 7,891 8,856 3,167 4,061 5,026
4 13,578 250,000 250,000 250,000 9,298 10,808 12,497 5,736 7,246 8,935
5 17,407 250,000 250,000 250,000 11,549 13,835 16,495 8,256 10,541 13,201
6 21,427 250,000 250,000 250,000 13,744 16,973 20,892 10,718 13,947 17,866
7 25,648 250,000 250,000 250,000 15,879 20,231 25,730 13,122 17,473 22,972
8 30,080 250,000 250,000 250,000 17,952 23,612 31,052 15,462 21,123 28,562
9 34,734 250,000 250,000 250,000 19,971 27,115 36,916 17,750 24,894 34,695
10 39,621 250,000 250,000 250,000 21,920 30,753 43,366 19,967 28,800 41,413
15 67,974 250,000 250,000 250,000 30,688 51,090 87,134 30,113 50,515 86,560
20 104,160 250,000 250,000 250,231 37,629 75,654 159,383 37,629 75,654 159,383
30 209,287 250,000 250,000 578,281 42,782 141,191 474,001 42,782 141,191 474,001
</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.
A-4
<PAGE> 102
FLEXIBLE PREMIUM VARIABLE UNIVERSAL LIFE 2000 INSURANCE POLICY
MALE ISSUE AGE: 35, NON-SMOKER
PLANNED ANNUAL PREMIUM: $3,000
SURRENDER CHARGE PREMIUM: $3,380
INITIAL FACE AMOUNT: $250,000
LIFE INSURANCE BENEFIT OPTION 1
ASSUMING GUARANTEED CHARGES
<TABLE>
<CAPTION>
END OF YEAR
END OF YEAR DEATH BENEFIT(2) END OF YEAR CASH VALUE(2) CASH SURRENDER VALUE
ASSUMING HYPOTHETICAL GROSS ASSUMING HYPOTHETICAL GROSS ASSUMING HYPOTHETICAL GROSS
TOTAL PREMIUMS PAID ANNUAL INVESTMENT RETURN OF 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% 0% 6% 12%
- ----------- -------------------- -------- -------- -------- ------- -------- -------- ------- -------- --------
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1 3,150 250,000 250,000 250,000 1,932 2,070 2,208 432 570 708
2 6,458 250,000 250,000 250,000 4,043 4,445 4,865 1,043 1,445 1,865
3 9,931 250,000 250,000 250,000 6,092 6,893 7,763 2,262 3,063 3,933
4 13,578 250,000 250,000 250,000 8,080 9,418 10,933 4,518 5,856 7,371
5 17,407 250,000 250,000 250,000 10,014 12,030 14,401 6,721 8,736 11,107
6 21,427 250,000 250,000 250,000 11,892 14,729 18,197 8,866 11,703 15,172
7 25,648 250,000 250,000 250,000 13,685 17,490 22,341 10,928 14,733 19,583
8 30,080 250,000 250,000 250,000 15,425 20,357 26,888 12,936 17,867 24,398
9 34,734 250,000 250,000 250,000 17,085 23,297 31,867 14,864 21,076 29,646
10 39,621 250,000 250,000 250,000 18,667 26,317 37,320 16,713 24,364 35,367
15 67,974 250,000 250,000 250,000 25,441 42,790 73,728 24,867 42,216 73,153
20 104,160 250,000 250,000 250,000 29,646 61,411 132,380 29,646 61,411 132,380
30 209,287 250,000 250,000 466,714 23,371 102,517 382,552 23,371 102,517 382,552
</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.
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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 42).
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
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<PAGE> 104
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 24 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> 105
- -- 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.
- -- 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 24 for
selecting this option.
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.
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<PAGE> 106
- -- 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 24 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> 108
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<PAGE> 109
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 100 pages.
The undertaking to file reports.
The undertaking pursuant to Rule 484.
II-1
<PAGE> 110
The representation as to the reasonableness of aggregate fees and charges.
The signatures.
Written consents of the following persons
(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 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 in accordance with Regulation S-T,
17 CFR 232.102(e) 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 -
Previously filed in accordance with Regulation S-T, 17 CFR
232.102(e) as Exhibit (5) to Registrant's initial registration
statement on Form S-6 (File No. 333-79309), and incorporated
herein by reference.
(5)(a) Accidental Death Benefit Rider - Filed herewith.
(5)(b) Monthly Deduction Waiver Rider - Filed herewith.
(5)(c) Supplementary Term Rider - Filed herewith.
(5)(d) Guaranteed Minimum Death Benefit Rider - Filed herewith.
(5)(e) Term Insurance on Other Covered Insured Rider - Filed herewith.
(5)(f) Children's Insurance Rider - Filed herewith.
(5)(g) Guaranteed Insurability Rider - Filed herewith.
(5)(h) Living Benefits Rider - Filed herewith.
(5)(i) Insurance Exchange Rider - Filed herewith.
(5)(j) Spouse's Paid-Up Insurance Purchase Option Rider - Filed
herewith.
(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> 111
(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 - Filed herewith.
(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> 112
(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 - Previously filed in accordance with
Regulation S-T, 17 CFR 232.102(e) as Exhibit 1.(10) 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.
2. Opinion and Consent of Jonathan E. Gaines, Esq. - Filed
herewith.
3. Not applicable.
4. Not applicable.
5. Not applicable.
6. Opinion and Consent of Eugenia Bomash, Associate Actuary -
Filed herewith.
7. Consent of PricewaterhouseCoopers LLP - Filed herewith.
II-4
<PAGE> 113
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
21st day of July, 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
July 21, 1999
II-5
<PAGE> 114
EXHIBIT INDEX
Exhibit
Number Description
- ------ -----------
(5)(a) Accidental Death Benefit Rider
(5)(b) Monthly Deduction Waiver Rider
(5)(c) Supplementary Term Rider
(5)(d) Guaranteed Minimum Death Benefit Rider
(5)(e) Term Insurance on Other Covered Insured Rider
(5)(f) Children's Insurance Rider
(5)(g) Guaranteed Insurability Rider
(5)(h) Livings Benefits Rider
(5)(i) Insurance Exchange Rider
(5)(j) Spouse's Paid-Up Insurance Purchase Option Rider
(9)(e) Memorandum describing NYLIAC's issuance, transfer and
redemption procedures for the Policies
2. Opinion and Consent of Jonathan E. Gaines, Esq.
6. Opinion and Consent of Eugenia Bomash
7. Consent of PricewaterhouseCoopers LLP
<PAGE> 1
EXHIBIT (5)(a)
RIDER
- --------------------------------------------------------------------------------
ACCIDENTAL
DEATH
BENEFIT
(ADB)
BENEFIT We will pay this beneficiary when we have proof that the Insured's death
was caused directly, and apart from any other cause, by accidental bodily
injury, and that death occurred within one year after that injury and while this
rider was in effect.
WHEN BENEFIT NOT PAYABLE We will nto pay this benefit if death is caused or is
contributed to by any of these items.
1. Disease or infirmary or mind or body.
2. Suicide, while sane or insane.
3. Travel in or descent from an aircraft, if the Insured at any time during
the aircraft's flight acted in any role other than as a passenger.
4. Any kind of war, declared or not, or by any act incident to a war or to
an armed conflict involving the armed forces of one or more countries.
We will not pay this benefit if the Insured dies prior to his or her first
birthday, or dies after the policy anniversary on which he or she is age 70.
VALUES This rider does not have cash or loan values.
CONTRACT This rider, when paid for, is made a part of the policy, based on the
application for the rider.
INCONTESTABILITY OF RIDER We will not contest this rider after it has been in
force during the lifetime of the Insured for 2 years from its date of issue.
DATES AND AMOUNTS When this rider is issued at the same time as the policy, we
show the amount of ADB on the Policy Data page. The rider and the policy have
the same date of issue.
When this rider is added to a policy which is already in force, we also put in
an add-on rider. The add-on rider shows the amount of ADB, and shows the date of
issue, which will be a Monthly Deduction Day.
COST OF INSURANCE The cost of insurance rates per $1,000 for this benefit are
shown in a separate table or tables on the Policy Data page.
WHEN RIDER ENDS To cancel this rider you must send the policy and your signed
notice to us. This rider will end on the Monthly Deduction Day on or next
following the date we receive your request. If this rider is still in effect on
the policy anniversary on which the Insured is age 70, it will end on that date.
This rider ends if the policy ends or is surrendered.
NEW YORK LIFE INSURANCE
AND ANNUITY CORPORATION
By
----------------------
----------------------
<PAGE> 1
EXHIBIT (5)(b)
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
RIDER
MONTHLY DEDUCTION WAIVER (MDW)
1. WHAT IS YOUR BENEFIT? This rider provides for the waiver of monthly
deduction charges, made against the policy's cash value, in the event the
Insured becomes totally disabled, while this rider is in effect.
2. WHAT MONTHLY DEDUCTIONS WILL BE WAIVED? The monthly deductions for this
policy which we will waive on each Monthly Deduction Day are:
(a) the cost of insurance for each portion of the face amount of this
policy on the Monthly Deduction Day on or just prior to the day on
which disability began, for which a charge for this waiver rider
was deducted;
(b) the monthly contract charge, including any deferred contract
charge; and
(c) the monthly cost of any riders in effect on that Monthly Deduction
Day.
3. WHEN WILL MONTHLY DEDUCTIONS BE WAIVED? We will start to waive the
monthly deductions for this policy as defined above, when proof is
furnished that the Insured's total disability has gone on for at least 6
months in a row.
If a total disability starts on or prior to the anniversary on which the
Insured is age 60, we will waive all of the monthly deductions which we
would have made during that total disability. If it goes on until the
anniversary on which the Insured is age 65, we will waive, without
further proof of total disability, all of the monthly deductions which we
would have made if that total disability had continued until this policy
ends.
If a total disability starts after the anniversary on which the Insured
is age 60, we will waive only those monthly deductions which we would
make up to the anniversary on which the Insured is age 65.
After we start to waive monthly deductions for a period of total
disability, we will adjust the cash value of the policy to the level it
would have been had the amount of any monthly deductions that we had
already subtracted during that period had not been made.
4. HOW IS "TOTAL DISABILITY" DEFINED? "Total Disability" means that, during
the first two years of disability, the Insured cannot do any of the
essential acts and duties of his or her job because of disease or bodily
injury. After the first two years of total disability, "Total Disability"
means that the Insured, because of disease or bodily injury, cannot do
any of the essential acts and duties of his or her job, or any other job
for which he or she is suited based on schooling, training, or
experience. If the Insured can do some but not all of these acts and
duties, disability is not total and premiums will not be waived.
If the Insured is a minor and is required by law to attend school, "Total
Disability" means that because of disease or bodily injury, he or she is
not able to attend school.
"Total Disability" also means the Insured's total loss, starting while
this rider is in effect, of the sight of both eyes or the use of both
hands, both feet, or one hand and one foot.
5. WHAT ARE THE TOTAL DISABILITIES FOR WHICH MONTHLY DEDUCTIONS ARE NOT
WAIVED? We will not waive monthly deductions in connection with any of
these total disabilities:
1. Those that start prior to the fifth birthday of the Insured, or
start at a time when this rider is not in effect.
2. Those that are caused by an injury that is self-inflicted on
purpose.
3. Those that are caused by any kind of war, declared or not, or by
any act incident to a war or an armed conflict involving the armed
forces of one or more countries while the
<PAGE> 2
MONTHLY DEDUCTION WAIVER (MDW)
(CONTINUED)
Insured is a member of those armed forces.
4. Those that start on or after the policy anniversary on which the
Insured is age 65.
6. HOW IS PROOF OF TOTAL DISABILITY ESTABLISHED? Written notice and proof of
this condition must be given to us, while the Insured is living and
totally disabled, or as soon as it can reasonably be done.
7. FOR HOW LONG MAY PROOF BE REQUIRED? As long as we waive monthly
deductions we may require proof from time to time of the Insured's total
disability. After we have waived monthly deductions for 2 years in a row,
we will not need to have this proof more than once each year. As part of
the proof, we may have the Insured examined, at our own expense, by a
doctor we approve.
8. WHAT IS THE MONTHLY COST FOR THIS RIDER? The monthly cost for this rider
is equal to (1) multiplied by (2) where:
(1) is a percentage show in a separate table or tables on the Data
page included in this policy. This percentage is based on the
Insured's attained age, sex and risk classification; and
(2) is the total deduction from the policy's cash value on each
Monthly Deduction Day, as described in Section 7.5 of this
policy.
The total monthly cost for this rider is deducted on each Monthly
Deduction Day when this rider is in effect, except during a period of
total disability.
It may happen that a period of total disability starts during a late
period. In this case, before we will approve any claim, we will require
that sufficient cash value be available to pay the monthly deduction
charges, including any deferred contract charge, for the policy month or
months that run from the beginning of the late period until the policy
month in which total disability began.
9. DOES THIS RIDER HAVE CASH OR LOAN VALUES? This rider does not have cash
or loan values.
10. IS THIS RIDER PART OF THE CONTRACT? This rider, when paid for, is made a
part of the policy, based on the application for the rider.
11. WILL WE BE ABLE TO CONTEST THIS RIDER? We have no right to contest this
rider after it has been in force during the lifetime of the Insured for 2
years from its date of issue, unless the Insured is totally disabled at
some time within 2 years of the date of issue.
12. WHAT IS THE RIDER'S DATE OF ISSUE? When this rider is issued at the same
time as the policy, the rider and the policy have the same date of issue.
When this rider is added to a policy which is already in force, we also
put in an add-on rider. The add-on rider shows the date of issue.
13. WHEN DOES THIS RIDER END? You can cancel this rider at any time. To do
this, you must send the policy and your signed notice to us. This rider
will end on the Monthly Deduction Day on or next following the date we
receive your request. If this rider is still in effect on the anniversary
on which the Insured is age 65, it will end on that date.
This rider ends if the policy ends or is surrendered.
NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION
----------------------- ---------------------------
<PAGE> 1
EXHIBIT (5)(c)
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
RIDER
SUPPLEMENTARY TERM (STR)
1. WHAT IS THE BENEFIT FOR THIS RIDER? We will pay the Term Insurance
Benefit to the beneficiary promptly when we have proof that the Insured
died while this rider was in effect.
On the issue date of the policy, the Term Insurance Benefit is the amount
you specified in the application. The initial Term Insurance Benefit is
shown on the Policy Data page. The initial Term Insurance Benefit when
added to the initial face amount of the base policy equals the initial
Target Face Amount, which is also shown on the Policy Data page.
On each subsequent Monthly Deduction Day, the Term Insurance Benefit for
this rider will equal the Target Face Amount, less the life insurance
benefit under the policy in effect at that time.
2. WHAT ARE THE RESTRICTIONS ON THE POLICY'S LIFE INSURANCE BENEFIT OPTION?
In order for this rider to be issued, Life Insurance Benefit Option 1
must be in effect under the policy. The Life Insurance Benefit Option may
not be changed, even after this rider ends or is terminated.
3. DOES THE AMOUNT OF INSURANCE UNDER THIS RIDER CHANGE? It may happen that
the life insurance benefit under the policy increases in accordance with
Section 1.3 of the policy. In this case, the Term Insurance Benefit will
automatically decrease by the same amount on the Monthly Deduction Day
which is on or next follows the date of the increase. If, instead, the
policy's life insurance benefit decreases in accordance with Section 1.3
of the policy, the Term Insurance Benefit will automatically increase by
the same amount on the Monthly Deduction Day which is on or next follows
the date of the decrease. These changes to the Term Insurance Benefit
will be made in order to maintain a level Target Face Amount.
If the policy's life insurance benefit changes for any reason other than
as stated in Section 1.3 of the policy, the Term Insurance Benefit of
this rider will not be changed. Instead, a corresponding increase or
decrease resulting from the change in the policy's life insurance
benefit, will be made to the Target Face Amount.
You can also request an increase or decrease in the Term Insurance
Benefit under this rider at any time. In this case, a corresponding
change will be made to the Target Face Amount.
Any requested decrease to the Target Face Amount will first be taken from
the Term Insurance Benefit and then, if necessary, the policy's life
insurance benefit, unless indicated otherwise in your request.
Evidence of insurability, satisfactory to us, must be furnished any time
there is an increase in the Target Face Amount.
<PAGE> 2
SUPPLEMENTARY TERM (STR)
(CONTINUED)
4. DOES THIS RIDER CONTINUE IF THE TERM INSURANCE BENEFIT EQUALS ZERO? If,
on a Monthly Deduction Day, the life insurance benefit under the policy
equals or exceeds the Target Face Amount, the Term Insurance Benefit will
be reduced to zero, but the rider will remain in force. If the policy's
life insurance benefit subsequently drops below the Target Face Amount,
the Term Insurance Benefit will again equal the difference between the
Target Face Amount and the policy's life insurance benefit.
5. WHAT IS THE COST OF INSURANCE FOR THIS RIDER? The monthly cost of
insurance for this rider will be deducted from the policy cash value, on
each Monthly Deduction Day. The cost of insurance will be based on the
Term Insurance Benefit as determined on each Monthly Deduction Day and
the cost of insurance rates in effect at that time. The cost of insurance
rates will be based upon the duration of the policy and the Insured's
current underwriting class. See the section of this policy titled "What
Is The Cost Of Insurance Rate?" for further information. The cost of
insurance rates for this rider will be set by us, in advance, at least
once each year. Any change in cost of insurance rates will be made on a
uniform basis for all Insureds in the same class. The cost of insurance
rates are guaranteed to never exceed the rates shown in the Table of
Maximum Cost of Insurance Rates for this rider which is included among
the Policy Data pages.
6. MAY THE TERM INSURANCE UNDER THIS RIDER BE CONVERTED? You can use all or
part of the Term Insurance Benefit under this rider to increase the face
amount of the policy to which this rider is attached. This type of change
is called a conversion. No evidence of insurability will be required for
a conversion. A new set of surrender charges will apply to the increased
policy face amount. In addition, no change will be made to the Target
Face Amount. The rider must be in effect on the date of the conversion.
The conversion takes effect on the Monthly Deduction Day which is on or
next follows the date we receive your written request for the conversion.
Any term insurance which is converted ends when the conversion takes
effect.
7. WHEN MAY THE TERM INSURANCE BE CONVERTED? While the Insured is alive, the
term insurance provided under this rider can be converted to the base
policy as of any Monthly Deduction Day. The final date you can request a
conversion is the policy anniversary on which the Insured is 90.
8. ARE THERE AMOUNT LIMITATIONS ON THE TARGET FACE AMOUNT, THE POLICY LIFE
INSURANCE BENEFIT AND THE TERM INSURANCE BENEFIT? The following amount
limitations apply under this rider. These limits do not apply to changes
in the policy's life insurance benefit made in accordance with Section
1.3 of the policy or the resulting changes made to the Term Insurance
Benefit.
<PAGE> 3
SUPPLEMENTARY TERM (STR)
(CONTINUED)
(a) The Target Face Amount cannot be decreased to an amount below
$500,000, unless the decrease is due to a partial withdrawal under
the policy.
(b) The policy's life insurance benefit cannot be decreased to an
amount below $100,000, unless the decrease is due to a partial
withdrawal under the policy.
(c) The Term Insurance Benefit cannot exceed 4 times the policy's life
insurance benefit. No increase in the Term Insurance Benefit will
be permitted that would cause the limitations in (a) or (b) above
not to be met. If a change is made which would reduce the policy's
life insurance benefit so that the limitations in (a) or (b) above
would not be met, the amount of term insurance which exceeds 4
times the policy's new life insurance benefit will be converted to
the base policy.
If you request a change which would cause the limitations stated in (a)
or (b) not to be met (except due to a partial withdrawal), you will be
notified. If you still wish to have the change made, the term insurance
under this rider must be fully converted or this rider will be
terminated.
9. DOES THIS RIDER HAVE CASH OR LOAN VALUE? The term insurance provided by
this rider does not have cash or loan values.
10. IS THIS RIDER PART OF THE CONTRACT? This rider, when paid for, is made
part of the policy, based on the application for the rider.
11. MAY WE CONTEST THIS RIDER? We will not contest this rider after it has
been in force during the lifetime of the Insured for 2 years from the
date of issue of this rider.
We will not contest the amount of any increase in the Term Insurance
Benefit after this additional term insurance has been in force during the
lifetime of the Insured for 2 years from the effective date of the
increase.
However, if the increase in the Term Insurance Benefit is the result of a
corresponding decrease in the life insurance benefit of the base policy,
no new contestable period will apply to this insurance.
12. DOES THIS INSURANCE COVER SUICIDE OF THE INSURED? Suicide of the Insured,
while sane or insane, within 2 years of the date of issue of this rider,
is not covered by this rider. In that event, any monthly costs which were
deducted for this rider will be part of any amount payable because of the
Insured's death.
For any increase in the Term Insurance Benefit under this rider resulting
from an increase in the Target Face Amount, the 2 year suicide exclusion
period will be measured from the effective date of the increase.
However, if the increase in the Term Insurance Benefit under this rider
is the result of a corresponding decrease in the life insurance benefit
of the base policy, no new suicide exclusion period will apply to this
insurance.
<PAGE> 4
SUPPLEMENTARY TERM (STR)
(CONTINUED)
13. WHAT IS THIS RIDER'S DATE OF ISSUE? When this rider is issued at the same
time as the policy, the rider and the policy have the same date of issue.
When this rider is added to a policy which is already in effect, we
attach an add-on rider page which shows you the Term Insurance Benefit,
the Target Face Amount and the date of issue of the insurance under the
rider.
14. WHEN DOES THIS RIDER END? You can cancel this rider by sending us your
signed notice. This rider will end on the Monthly Deduction Day on or
next following the date we receive your request.
This rider ends on the policy anniversary on which the Insured is or
would have been age 100, or if the rider is fully converted. This rider
also ends if the policy ends or is surrendered.
NEW YORK LIFE INSURANCE
AND ANNUITY CORPORATION
/s/ GEORGE J. TRAPP /s/ FREDERICK J. SIEVERT
- ----------------------- ------------------------
Secretary President
<PAGE> 1
EXHIBIT (5)(d)
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
RIDER
GUARANTEED MINIMUM DEATH BENEFIT (GMDB)
1. WHAT IS THE BENEFIT FOR THIS RIDER? Prior to its Expiry Date, this rider
guarantees that the policy to which it is attached will never lapse
because the policy's cash surrender value is not enough to cover the
current Monthly Deduction Charges defined in the policy. The Expiry Date
is shown on the Policy Data page and is based on the benefit period you
selected at time of application for this rider.
2. HOW DOES THE RIDER BENEFIT OPERATE? If on any Monthly Deduction Day, the
policy's cash surrender value is not enough to cover the required Monthly
Deduction Charges, this rider will be activated provided it is still in
force.
When this rider is activated, the Monthly Deduction Charges will be
deducted from the policy's cash value to the extent there is sufficient
value. The amount of the Monthly Deduction Charges which exceeds the
available cash value will be waived, including the charge for this rider.
3. WHEN IS THIS RIDER IN FORCE? This rider will be in force if all of the
following conditions are met:
(a) The policy is still in force;
(b) This rider has not reached its Expiry Date;
(c) The Guaranteed Minimum Death Benefit (GMDB) Premium Test described
in Section 4 of this rider is satisfied. If this test is not
satisfied, this rider will still be in force provided it has not
ended as described in Section 7; and
(d) The requirements for policy loans, stated in Section 8 of this
rider, must have been satisfied.
If this rider ends during a period when the rider benefit is activated,
the policy will enter the Late Period, as described in the "Premiums"
Section of this policy on the date this rider ends and will lapse in the
event the required payment is not made.
4. HOW IS THE GMDB PREMIUM TEST SATISFIED? The GMDB Premium Test is
satisfied as of a Monthly Deduction Day if the total premiums paid to
date under the policy, less any partial withdrawals made, are at least
equal to the Total GMDB Premium as of that date.
5. WHAT IS A GMDB PREMIUM? The Total GMDB Premium on a Monthly Deduction Day
is equal to the cumulative sum of all Monthly GMDB Premiums form the
Policy Date up to that Monthly Deduction Day. The Monthly GMDB Premium is
shown on the Policy Data page.
Since this policy must continue to qualify as Life Insurance, as defined
under Section 7702 of the Internal Revenue Code, we will never require
the payment of a GMDB Premium which would exceed the Guideline Premium
Limit. If this occurs, we will mail a notice to you telling you of this.
6. CAN THE GMDB PREMIUM EVER CHANGE? The Monthly GMDB Premium can change if:
(a) the face amount of the policy or any attached riders changes; (b) the
Life Insurance Benefit Option changes; (c) any riders are added to or
removed from the policy; (d) the Insured's class of risk changes; or (e)
a partial withdrawal is made. If the Monthly GMDB Premium changes, the
Total GMDB Premium will increase each month by the new Monthly GMDB
Premium beginning on the Monthly Deduction Day on or after the date of
the change.
If the Monthly GMDB Premium changes, we will give you new Policy Data
pages which reflect the change.
7. WHAT HAPPENS IF THE GMDB PREMIUM TEST IS NOT SATISFIED? If on a Monthly
Deduction Day, this policy does not satisfy the GMDB Premium Test and the
amount by which the Test is failed is
<PAGE> 2
GUARANTEED MINIMUM DEATH BENEFIT (GMDB)
(CONTINUED)
more than one Monthly GMDB Premium, we will send a notice to you
requesting a payment equal to the amount necessary to pass the GMDB
Premium Test as of that Monthly Deduction Day. If this payment is not
received by the next Monthly Deduction Day, this rider will end on that
day. However, we will reinstate this rider if the required payment is
received before the Monthly Deduction Day which follows the date the
rider ended.
8. WHAT HAPPENS TO THIS RIDER IF I TAKE A POLICY LOAN? In order to keep this
rider in force, the following restrictions apply to loans taken under the
policy to which this rider is attached:
(a) If a loan is taken during the first 2 policy years, this rider
will end when the loan is taken
(b) If a loan is requested after the first 2 policy years (or when
unpaid loan interest is charged as a new loan), the cash surrender
value less the new loan and any previous unpaid loans and accrued
interest must exceed the total of the Monthly GMDB Premiums,
accumulated at an annual effective rate of 6%, as of that date. If
the new loan is for an amount which would cause this rider to end,
we will notify you prior to granting the loan.
9. IS THERE A CHARGE FOR THIS RIDER? There is a charge for this rider, as
shown on the Policy Data page. This charge will be deducted from the
policy's cash value on each Monthly Deduction Day.
10. ARE SUPPLEMENTARY BENEFIT RIDERS COVERED UNDER THIS RIDER? The GMDB
benefit also covers the monthly deductions due for any other riders which
may be included in this policy.
11. WHAT HAPPENS TO THIS RIDER IF MONTHLY DEDUCTIONS ARE BEING WAIVED UNDER
ANOTHER RIDER? If monthly deductions for this policy are being waived
under the terms of another rider attached to this policy, this rider is
placed on an inactive status and no benefit under this rider is in
effect. In addition, no charges (including the Monthly GMDB Premium,
shown on the Policy Data page) for this rider will be payable to us.
However, once monthly deductions for this policy are no longer being
waived as described above, this rider will automatically be restored.
Beginning on the next Monthly Deduction Day, the charge for this rider
will be deducted, the Monthly GMDB Premium must again be paid, and the
GMDB premium tests will be resumed.
12. DOES THIS RIDER HAVE CASH VALUE OR LOAN VALUE? This rider does not have
cash or loan value.
13. HOW ARE DATES AND AMOUNTS FOR THIS RIDER SHOWN? When this rider is issued
at the same time as the policy, we show the Expiry Date, the Monthly GMDB
Premium and the charge for this rider on the Policy Data page. The rider
and policy have the same date of issue.
When this rider is added to a policy which is already in force, we also
put in an add-on rider. The add-on rider shows the Expiry Date, the date
of issue, which will be a Monthly Deduction Day, the Total GMDB Premium
as of that issue date, the Monthly GMDB Premium and the charge for this
rider. When this rider is added to an in-force policy, we may request an
additional payment. This payment is needed to satisfy the GMDB Premium
Test as of the date of issue of this rider.
14. IS THIS RIDER A PART OF THE CONTRACT? This rider, when paid for, is made
a part of the policy, based on the application for the rider.
15. WHEN WILL THIS RIDER END? You may cancel this rider, at any time, by
sending us your signed notice. This rider will end on the Monthly
Deduction Day on or next following the date we receive your request.
This rider will also end for any of the following reasons:
(a) If the rider reaches its Expiry Date;
(b) The GMDB Premium Test is not satisfied on a Monthly Deduction Day,
and any required payment is not received by the next Monthly
Deduction Day;
<PAGE> 3
GUARANTEED MINIMUM DEATH BENEFIT (GMDB)
(CONTINUED)
(c) If a loan is taken under the policy which violates the
restrictions set forth in Section 8;
(d) If the policy ends or is surrendered.
NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION
----------------------------
President
----------------------------
Secretary
<PAGE> 1
EXHIBIT (5)(e)
RIDER
TERM INSURANCE ON OTHER COVERED INSURED (OCI)
1. WHAT IS YOUR BENEFIT? We will pay the rider proceeds to the beneficiary,
when we have proof that a person named on the Policy Data page as an
Other Covered Insured under this rider was in effect. These proceeds will
be for the amount of term insurance provided by this rider on that
person, as shown on the Rider Data page.
2. MAY THE TERM INSURANCE UNDER THIS RIDER BE CONVERTED? You can have all or
part of the term insurance on a person who is an Other Covered Insured
under this rider exchanged for: (a) a new policy or new policies on that
person; or (b) an increase in the face amount of the base policy if the
Other Covered Insured is the base Insured under this policy. This type of
change is called a conversion. A conversion can be made without proof of
insurability. When this change is made, this rider must be in effect for
that person on the date when the term insurance is converted. Within 31
days of that date, we must receive: (a) your application for the new
policy or increase in face amount, also signed by the person to be
insured; and (b) if a new policy is applied for, the first premium for
such new policy. If you do not have the insurance converted on the death
of the Insured under the basic policy, it may be converted in the same
way by the person to be insured under the new policy within the same
period provided for in this rider. Term Insurance on an Other Covered
Insured ends when it is converted.
3. WHEN MAY THIS TERM INSURANCE BE CONVERTED? You can convert the term
insurance on an Other Covered Insured on any Monthly Deduction Day under
this policy when that person is age 70 or younger. If the Insured under
the basic policy dies, the final date of conversion will be the Monthly
Deduction Day on or next following the Insured's date of death.
4. WHAT TYPE OF INSURANCE WILL THE NEW POLICY PROVIDE? Each new policy may
be on any life or endowment plan which may be offered on its policy date
by us or by one of our affiliated or subsidiary companies including New
York Life Insurance Company, for the amount of insurance which is
converted. We guarantee that at least one life or endowment plan will be
offered by the company issuing the new insurance. The new policy may not
be on a plan which provides term insurance.
The policy date of the new policy will be the conversion date. It will
have the same provisions and the same limitations on liability as are in
the series of policies being issued by the issuing company on that date.
The premium rates for the new policy will be based on the Other Covered
Insured's age and sex, and the issuing company's premium rates on that
date.
The Other Covered Insured's class of risk under any new policy or
policies will be the same as it was for the insurance converted under
this rider. However, if any insurance converted under this rider is in a
preferred risk class, the insurance under the corresponding new policy
will be on a preferred risk class basis only if the new policy meets the
issuing company's minimum amount and age limits for that class.
5. WHEN DO THE INCONTESTABILITY AND SUICIDE EXCLUSION PERIODS BEGIN FOR THE
NEW POLICY? The time periods of the new policy which relate to a suicide
exclusion or a contest of that policy, will be measured from the date of
issue of the insurance being converted to the new policy.
However, in some cases, a new policy can be issued with a rider or an
additional amount of insurance which you requested and which required the
issuing company's agreement. If this happens, the time periods for that
rider or amount will start instead on the date of issue of each new
policy.
6. ARE ANY RIDERS AVAILABLE WITH THE NEW POLICY? No riders can be made a
part of the new policy, unless the issuing company agrees.
7. IS IT POSSIBLE TO REINSTATE THE POLICY WITH THIS RIDER? If you apply to
reinstate the policy with this rider as part of it, we must have proof of
insurability that is acceptable to us for each Other Covered Insured.
<PAGE> 2
TERM INSURANCE ON OTHER COVERED INSURED (OCI)
(CONTINUED)
8. WHAT WILL HAPPEN IF YOU DIE WHILE THIS RIDER IS IN EFFECT AND THERE IS NO
SUCCESSOR OWNER? Any Successor Owner or Change of Ownership section of
this policy is modified, while this rider is in effect, as follows: if
you die and there is no successor owner, the Insured under the basic
policy, if living, will become the new owner.
9. DOES THIS RIDER HAVE CASH OR LOAN VALUES? The term insurance provided by
this rider does not have cash or loan values.
10. IS THIS RIDER PART OF THE CONTRACT? This rider, when paid for, if made a
part of the policy, based on the application for the rider.
11. MAY WE CONTEST THIS RIDER? We will not contest the insurance on any
person who is an Other Covered Insured under this rider after that
insurance has been in effect during the lifetime of that person for 2
years from the date of issue of that insurance.
12. DOES THIS INSURANCE COVER SUICIDE OF THE INSURED? Suicide of the Insured
under the basic policy, or suicide of an Other Covered Insured, while
sane or insane, within 2 years of the date of issue of this rider, is not
covered by this rider.
In the event of the Insured's suicide within that 2 year period, any
monthly costs which were deducted for this rider will be part of any
amount payable because of the Insured's death. However, the insurance on
each person who is an Other Covered Insured under this rider may still be
converted within 31 days of the next Monthly Deduction Date after the
Insured's date of death. In the event of an Other Covered Insured's
suicide within that 2 year period, we will adjust the cash value of the
policy to include the amount of any cost of insurance that we had
subtracted for that person during that period.
13. WHAT IS THE DEFINITION OF AGE UNDER THIS RIDER? When we refer to a
person's age on any date, we mean his or her age on the birthday which is
nearest to that date.
14. WHAT IS THE RIDER'S DATE OF ISSUE? When this rider is issued at the same
time as the policy, we show the name of each Other Covered Insured and
the amount of that person's term insurance on the Rider Data page. The
rider and the policy have the same date of issue.
When this rider, or more insurance on an Other Covered Insured, is added
to a policy which is already in effect, we also put in an add-on rider.
The add-on rider names any new person or persons who become Other Covered
Insureds under this rider. The amount of new term insurance on each
person and the date of issue are also shown in the add-on rider.
15. WHAT IS THE COST OF INSURANCE FOR THIS RIDER? A separate rate will be
used to obtain the cost of the initial amount of term insurance on each
Other Covered Insured, and for each increase in that amount. The actual
rates applicable to term insurance under this rider will be set by us, in
advance, at least once a year.
Any change in cost of insurance rates will be made on an uniform basis
for Insureds in the same class, based on issue age, as well as the
duration since issue of such insurance, sex and risk classification.
When this rider is issued at the same time as the policy, the maximum
rates used to determine the cost of the term insurance will be shown on
the Data page included in the policy.
When this rider, or more insurance on an Other Covered Insured, is added
to a policy which is already in force, the maximum rates used to
determine the cost of term insurance will be shown on a separate Data
page included in the policy.
16. WHEN DOES THIS RIDER END? You may cancel this rider, or all or part of
the coverage on an Other Covered Insured, at any time. To do this, you
must send the policy and your signed notice to us. The rider or coverage
will end on the Monthly Deduction Day on or next following the date we
receive your request.
All insurance under this rider ends 31 days after the Monthly Deduction
Day on or next following
<PAGE> 3
TERM INSURANCE ON OTHER COVERED INSURED (OCI)
(CONTINUED)
the date of death of the Insured under the basic policy. If this rider is
still in effect, coverage on an Other Covered Insured will automatically
terminate on the policy anniversary on which that person is age 95.
This rider ends at the death of the Insured or if the policy ends or is
surrendered.
NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION
----------------------------
----------------------------
<PAGE> 1
EXHIBIT (5)(f)
RIDER
CHILDREN'S INSURANCE (CI)
1. WHEN WILL THIS BENEFIT BE PAID? We will pay the Children's Insurance
proceeds to the beneficiary named for those proceeds, when we have proof
that a covered child died while his or her coverage under this rider was
in effect. These proceeds will be the term insurance provided by this
rider.
For any proceeds payable because of the death of a covered child, each
reference to "the Insured" in the Owner and Beneficiary or Payment of
Policy Proceeds sections of this policy means that child.
2. WHAT INSURANCE COVERAGE IS PROVIDED ON CHILDREN UNDER THIS RIDER? The
amount payable at the death of a covered child is $1,000 for each unit of
this rider.
3. WHO IS A COVERED CHILD? A covered child is:
1. a person, named in an application for this rider, who is a child,
stepchild, or legally adopted child of the Insured; or
2. a child who is born to or legally adopted by the Insured while
this rider is in effect.
4. HOW LONG WILL A CHILD BE COVERED UNDER THIS RIDER? Coverage on a child
will start on the fifteenth day after birth. Coverage on a child will end
on the anniversary on which he or she is age 25 or, if earlier, the one
on which the Insured is or would have been age 65.
5. WHAT HAPPENS IF THE INSURED DIES WHILE THE RIDER IS IN EFFECT? If the
Insured dies while this rider is in effect, this rider will continue on a
fully paid-up basis until the anniversary on which the Insured would have
been age 65. Any term insurance provided by this paid-up rider will be
the same as it would have been if the Insured had lived. The paid-up
rider has no loan value, but can be surrendered for its cash value.
6. WHAT IS THE DEFINITION OF AGE UNDER THIS RIDER? When we refer to a
person's age on any date, we mean his or her age on the birthday which is
nearest that date.
7. WHAT WILL HAPPEN IF YOU DIE WHILE THIS RIDER IS IN EFFECT AN THERE IS NO
SUCCESSOR OWNER PROVIDED FOR UNDER YOUR POLICY? Any sections of this
policy relating to Successor Owner or Change of Ownership are modified,
while this rider is in effect, as follows: If you die and there is no
successor owner, your estate will not become the new owner of the policy
or of any paid-up insurance under this rider. Instead:
1. If the Insured is living, he or she will become the new owner; or
2. if the Insured is not living, the living children of the Insured
will jointly become the new owner. However, the rights of
ownership of any child end on the anniversary when that child is
age 25, or at that child's death, if earlier.
8. MAY THE TERM INSURANCE ON THE COVERED CHILD PROVIDED UNDER THIS RIDER BE
EXCHANGED? As of the conversion dates described in this rider, you can
have the term insurance on a covered child exchanged for a life or
endowment policy on that child. This type of change is called a
conversion. This change can be made without proof of insurability. When
this change is made, this rider must be in effect on the date when the
term insurance is converted. Within 31 days of that date, we must receive
your application, also signed by the child to be insured, and the first
premium for the new policy. If you do not have the insurance converted,
it may be converted in the same way by the child to be insured under the
new policy. All insurance on a covered child ends at the time this
insurance is converted.
9. WHEN MAY THIS TERM INSURANCE BE CONVERTED? The date of conversion for the
term insurance on a covered child is the
<PAGE> 2
CHILDREN'S INSURANCE (CI)
(CONTINUED)
anniversary when that child is age 25 or, if earlier, the anniversary
when the Insured is or would have been age 65. If the term insurance on a
covered child is in effect on the conversion date for that child, it can
be converted during the 31 days after that date. If the child dies during
this period, we will pay that insurance if it has not been converted.
10. MAY THE TERM INSURANCE STILL BE CONVERTED IF A COVERED CHILD MARRIES? If
a covered child marries, that child's term insurance can be converted
during the 31 days after the marriage date if he or she has been covered
under this rider for the 3 years prior to the marriage date. If the child
has not been covered under this rider for that 3 year period, the
conversion can be made during the 31 days after the date coverage on that
child has been in effect for 3 years. We will require proof, acceptable
to us, that the marriage took place.
11. WHAT KIND OF POLICY WILL BE AVAILABLE? The new policy may be on any life
or endowment plan which may be offered on its policy date, by us or by
one of our affiliated or subsidiary companies, which include New York
Life Insurance Company, for the amount of insurance which is converted,
will be offered. The new policy may not be on a plan which provides term
insurance.
The policy date of any new policy will be the date of conversion. The
premium rates for new policy will be based on the age and sex of the
person to be insured and the issuing company's premium rates on that
date. The new policy will be in a standard risk class, and will have the
same provisions and the same limitations on liability as are in the
series of policies being issued by the new issuing company on that date.
12. IS THERE A LIMIT TO THE FACE AMOUNT OF THE NEW POLICY? The face amount of
the new policy on a covered child may not be more than 5 times the amount
of term insurance on that child.
13. WHEN DO THE INCONTESTABILITY AND SUICIDE EXCLUSION PERIODS BEGIN FOR THE
NEW POLICY? The time periods of a new policy, which relate to a suicide
exclusion or to a contest of that policy, will start on the date of issue
of this rider. However, in some cases, a new policy may be issued with a
rider or an additional amount of insurance which you requested and which
required the issuing company's agreement. If this happens, the time
periods for that rider or amount will start instead on the date of issue
of the new policy.
14. MAY SUPPLEMENTARY BENEFIT RIDERS BE MADE A PART OF THE NEW POLICY? Riders
may not be made a part of a new policy on a child, unless the new issuing
company agrees.
15. MAY YOU REINSTATE THE POLICY? You may apply to reinstate the policy with
this rider as a part of it. However if you do this, you must provide
proof of insurability that is acceptable to us for each covered child.
16. DOES THIS RIDER HAVE CASH OR LOAN VALUE? This rider does not have loan
value. This rider has cash value only while insurance is in force on a
fully paid-up basis after the death of the Insured. The cash value is
computed using the same basis used for computation as described in the
General Provisions section of this policy.
17. IS THIS RIDER A PART OF THE CONTRACT? This rider, when paid for, is made
a part of the policy, based on the application for the rider.
18. MAY THE CORPORATION CONTEST THIS RIDER? We will not contest the insurance
on any child covered under this rider after that insurance has been in
force during the lifetime of that child for 2 years from the date of
issue of that insurance.
19. WHAT HAPPENS IF THE INSURED COMMITS SUICIDE? Suicide of the Insured,
while sane or insane, within two years of the date
<PAGE> 3
CHILDREN'S INSURANCE (CI)
(CONTINUED)
of issue of this rider, is not covered by this rider.
In the event or the Insured's suicide within that two year period, any
monthly costs which were deducted for this rider will be part of any
amount payable because of the Insured's death. In this case, the rider
will not continue as a paid-up rider but will end 31 days after the
death. However, the insurance on each covered child may be converted as
of the date of death.
20. WHAT ARE THE DATES AND AMOUNTS APPLICABLE UNDER THIS RIDER? When this
rider is issued at the same time as the policy, we show the number of
units of term insurance on the Policy Data page. The rider and the policy
have the same date of issue.
When this rider is added to a policy which is already in force, we also
put in an add-on rider. The add-on rider shows the number of units of
term insurance and the date of issue, which will be a Monthly Deduction
Day.
21. WHAT IS THE COST FOR THIS BENEFIT AND WHERE IS IT SHOWN? The cost of
insurance rates for this benefit are shown on the Policy Data page, or in
any add-on rider put in this policy.
22. WHEN DOES THIS RIDER END? You can cancel this rider by sending us the
policy and your signed notice. The rider will end on the Monthly
Deduction Day on or next following the date we receive your request. If
this rider is still in effect on the anniversary on which the Insured is
age 65, it will end on that date.
This rider ends at the death of the Insured or if the policy ends, except
when the rider is being continued as a Paid-up Rider under the terms of
this rider. This rider also ends if the policy is surrendered.
NEW YORK LIFE INSURANCE AND ANNUITY
CORPORATION
--------------------------
--------------------------
<PAGE> 1
EXHIBIT (5)(g)
RIDER
- --------------------------------------------------------------------------------
GUARANTEED
DISABILITY
RIDER
(GIR)
BENEFIT On each Scheduled Option Date or Alternate Option Date, you can, without
proof of insurability:
(a) purchase a new policy on the Insured; or
(b) increase the face amount of the base policy.
The new policy or increase in face amount will take effect as of a Scheduled or
Alterant Option Date, which will always be a Monthly Deduction Day. The face
amount of the new policy or the increase in face amount may not be less than
$10,000 or more than the Option Amount of the rider, except when a larger amount
is available on an Alternate Option Date.
We provide term insurance on the Insured from the date of the event for which an
Alternate Option may be exercised, to the Alternate Option Date. The amount of
this insurance is equal to the largest face amount of the new policy that can be
purchased or increase that can be made under this rider on that date.
SCHEDULED OPTION DATES The Scheduled Option Dates are the policy anniversaries
on which the Insured is age 22, 25, 28, 31, 34, 37, 40, 43, and 46, and on which
this rider is in effect.
ALTERNATE OPTION DATES An Alternate Option Date is the Monthly Deduction Day on
or next following the date which is 3 months after any of the events listed
below.
1. The marriage of the Insured
2. The birth of a living child to the Insured.
3. The legal adoption of a child by the Insured.
This rider must be in effect on the date the marriage, birth, or adoption takes
place. Proof acceptable to the Corporation or to the new insuring company, that
the event took place, may be required.
Each purchase of a new policy or increase in face amount as of an Alternate
Option Date cancels the next available Scheduled Option Date, except where 2 or
more children are born or adopted on the same date. In this case, an amount of
insurance can be purchased which equals the Option Amount times the number of
these children. The number of next available Scheduled Option Dates canceled by
this amount of purchase or increase is equal to the number of these children.
PURCHASE OF POLICY OR INCREASE IN FACE AMOUNT Your application for the new
policy or increase in face amount must also be signed by the Insured. The
application and, if a new policy is applied for, the first premium for such
policy, must be submitted to the new insuring company or to the Corporation
during the 60 days before the option date. However, these must be received by
the new insuring company or the Corporation while the Insured is living.
If the Insured dies prior to the option date, any new policy or increase in face
amount which has been applied for will not take effect, and any premium paid for
it will be refunded.
For the purchase of a new policy as of an option date, if you do not have an
insurable interest in the life of the Insured that is acceptable to the new
insuring company, the Insured may purchase a new policy instead.
NEW POLICY Any new policy may be on any life or endowment plan which may be
offered on the option date, by New York Life Insurance Company or by one of its
affiliated or subsidiary companies, for the face amount being purchased. We
guarantee that at least one life or endowment plan for the Option Amount will be
available on each option date.
<PAGE> 2
GUARANTEED
DISABILITY
RIDER
(GIR)
The new policy may not be on a plan which provides only term insurance or
provides an increasing amount of insurance. The premium rates for the new policy
will be based on the age and sex of the Insured and the new insuring company's
premium rates on the date of issue of the new policy. It will have the same
provisions and the same limitations on liability as are in the series of
policies being issued by the new insuring company on that date. The Insured's
class of risk under each new policy will be the same as the class of risk for
the rider. However, if this rider was issued with a policy will be on a
preferred risk class, the new policy will be on a preferred risk basis only if
it meets the new insuring company's minimum amount and age limits for that
class.
The periods of time described in the Incontestability or Suicide Exclusion
provisions of the new policy will be measured from the date of issue of this
rider. However, in some case the new policy may be issued with a rider or an
additional amount of insurance which you requested, and which required the new
insuring company's agreement. If this happens, the time periods for that rider
or amount will start instead on the date of issue of the new policy.
AVAILABILITY OF RIDERS You can have a waiver of premium rider made a part of the
new policy if a rider providing a waiver benefit account of total disability is
in effect under this policy on the option date, but only if the Insured meets
the new insuring company's issue age limits for the new rider and is not totally
disabled. However, if the Insured has recovered from a total disability that had
gone on for at least 6 months in a row, that rider can only be in a new policy
for which premiums are payable for the rest of the Insured's life.
You can have an accidental death benefit rider made a part of the new policy if
one is in effect under this policy on the option date and if the Insured meets
the new insuring company's issue age limits for the new rider. The amount of
that rider may not be more than the face amount of the new policy.
No other riders can be made a part of the new policy, unless the new insuring
company agrees.
VALUES This rider does not have cash or loan values.
CONTRACT This rider, when paid for, is made a part of the policy, based on the
application for the rider.
INCONTESTABILITY OF RIDER We will not contest this rider after it has been in
force during the lifetime of the Insured for 2 years.
DATES AND AMOUNTS When this rider is issued at the same time as the policy, we
show the Option Amount on the Policy Data page. The rider and the policy have
the same date of issue.
When this rider is added to a policy which is already in force, we will also put
in an add-on rider. The add-on rider shows the Option Amount, and the date of
issue, which will be a Monthly Deduction Day.
COST OF INSURANCE The cost of insurance rates per $1,000 of Option Amount for
this benefit are shown on the Policy Data page or in any add-on rider put in
this policy.
WHEN RIDER ENDS You can cancel this rider by sending us the policy and your
signed request. The rider will end on the Monthly Deduction Day on or next
following the date we receive your request. If this rider is still in effect on
the anniversary on which the Insured is age 46, it will end on that date.
This rider ends at the death of the Insured or if the policy ends or is
surrendered.
NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION
By
-------------------------
-------------------------
<PAGE> 1
EXHIBIT (5)(h)
RIDER
- --------------------------------------------------------------------------------
ACCELERATED RECEIPT OF ACCELERATED BENEFITS MAY BE TAXABLE OR MAY AFFECT YOUR
BENEFITS ELIGIBILITY FOR BENEFITS UNDER STATE OR FEDERAL LAW. YOU SHOULD
(AB) CONSULT WITH YOUR PERSONAL TAX ADVISOR. DEATH BENEFITS, AND ANY
CASH OR LOAN VALUES, WILL BE REDUCED IF AN ACCELERATED BENEFIT IS
PAID.
BENEFIT This is a life insurance rider which pays accelerated death benefits as
described below. Provided the policy is in force on the date we receive an
election under this rider, we will make a payment of these death benefits in a
single sum to you as the Owner, when we have proof that the Insured under the
basic policy has a life expectancy of 12 months or less.
The amount payable under this rider will equal: the Percentage Elected
multiplied by the Eligible Proceeds; multiplied by the Interest Factor; minus an
Administrative Fee of up to $150; minus the elected percentage of any unpaid
policy loan.
ELIGIBLE PROCEEDS The total amount of Eligible Proceeds under this rider shall
be determined as of the date we receive your application for benefits under this
rider and shall equal:
(a) the life insurance benefit; plus
(b) any paid-up insurance additions or other benefits provided under the
basic policy; plus
(c) the amount payable under any rider providing a level amount of insurance
on the Insured.
However, any level term insurance rider shall not be considered part of the
Eligible Proceeds under this rider, if its expiration date is within one year of
the date we receive your application. Instead, such rider will continue to its
expiry date.
PERCENTAGE ELECTED You can elect to receive the minimum accelerated death
benefit of 25% of the Eligible Proceeds. You may elect to receive an accelerated
death benefit based on 50%, 75% or 100% of the Eligible Proceeds. However, in no
event can this benefit be less than $25,000, or exceed $250,000 under all of our
policies in force on the Insured. You may elect to receive an accelerated death
benefit based on another percentage, or based on Eligible Proceeds in excess of
$250,000, only if we agree.
INTEREST FACTOR The Interest Factor shall be an adjustment which reduces the
Eligible Proceeds. This adjustment will be based on our assumptions of the life
expectancy of the Insured. We also will determine, based on these assumptions,
the appropriate adjustments for interest on any cash value, or for any monthly
costs of insurance or scheduled premiums.
These adjustments are based upon procedures and standards on file with, or
required by, the Insurance Department of the state in which this rider is
delivered.
APPLICATION FOR BENEFITS You must provide us with a written application for
benefits under this rider specifying the Percentage Elected along with the
policy. You must also provide evidence of the Insured's reduced life expectancy
which is satisfactory to us. Such evidence must include a certification from a
licensed physician that the Insured's life expectancy is 12 months or less. In
addition, we reserve the right to have the Insured examined by a physician of
our choice, at our expense.
If the policy is subject to an irrevocable beneficiary designation or an
assignment, you must provide us with a written consent by any such beneficiary
or assignee to any payment under this rider.
Your application for benefits under this rider must be received by us more than
one year prior to the expiration date of the policy.
<PAGE> 2
ACCELERATED
BENEFITS
(CONTINUED)
CONTINUATION OF POLICY COVERAGE The face amount of any insurance which stays in
force after a payment under the terms of this rider must meet our minimum amount
limits for the plan of insurance under the policy or $25,000, whichever is
greater.
Upon our making payment under the terms of this rider, the basic policy's face
amount and any other death benefits, the basic policy premiums, monthly costs of
insurance, and any cash values, paid-up insurance additions or unpaid policy
loan will be reduced based on the Percentage Elected. The amount of any
insurance under a rider which is part of the Eligible Proceeds shall also be
reduced based on the Percentage Elected.
All policy and rider benefits, premiums, monthly costs of insurance and any cash
values, shall also be adjusted, based on our rules in effect at that time for
determining applicable benefits, premiums, monthly costs of insurance and
values. All such adjustments will be made effective as of the date your
application for benefits under this rider is received by us.
CONTINUATION OF RIDERS All riders attached to the policy, except an Accidental
Death Benefit rider, a Waiver of Premium Benefit or Monthly Deduction Waiver
rider or a decreasing term insurance rider, shall end when we make a partial
payment under the terms of this rider, unless we agree otherwise. In the case of
a partial payment, any Waiver of Premium Benefit or Monthly Deduction Waiver
rider and the full amount of any Accidental Death Benefit rider shall continue
in accordance with its terms. In addition, if the policy contains a decreasing
term rider, such rider can not be accelerated. Instead, it shall be continued to
its expiry date.
COVERAGE ON ANOTHER INSURED Any rider providing a level amount of insurance on
the life of another Insured not covered under the basic policy can be
accelerated. However, we must have proof that the other Insured has a life
expectancy of 12 months or less. Such rider must be accelerated 100%, unless we
agree to a lower percentage.
RESTORATION OF DEATH BENEFIT If we have proof that the Insured died within 60
days after the payment of an Accelerated Benefit under this rider, we will
refund to the beneficiary, the Administrative Fee and the amount of the Interest
Factor adjustment that we deducted when benefits were accelerated.
VALUES This rider does not have any cash or loan value. It is not eligible for
dividends.
CONTRACT This rider is made a part of the policy to which it is attached at
issue of the policy. If added to a policy which is already in force, this rider
is made a part of that policy, based on the application for this rider.
DATES This rider and the policy to which it is attached have the same date of
issue, unless the rider is added to a policy which is already in force. In this
case, the date of issue of this rider is shown in an add-on rider. The add-on
rider will be put in the policy.
PROTECTION AGAINST CREDITORS AND GOVERNMENT AGENCIES Payments we make under this
rider are, to the extent applicable law permits, exempt from the claims,
attachments or levies of creditors or government agencies. If you are required
by a government agency to use this option in order to apply for, obtain, or keep
a government benefit or entitlement, you are not eligible for this benefit.
WHEN RIDER ENDS Unless we agree otherwise, this rider ends when we receive an
application for benefits under this rider. This rider also ends if the policy is
surrendered or if it lapses, even if it is continued as extended term or reduced
paid-up insurance. You may cancel this rider on any date by sending us a signed
written request which will be effective when we receive it.
NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION
By
-------------------------
President
-------------------------
Secretary
<PAGE> 1
EXHIBIT (5)(i)
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
RIDER
INSURANCE EXCHANGE (IE)
1. WHAT IS YOUR BENEFIT? On or after the first policy anniversary and while
this rider is in force, you may exchange this policy for a new policy on
the life of another person in whom you have an insurable interest. This
person will be the new Insured under the new policy, if he or she is
acceptable under our then current issue rules.
You may want to consult with your tax advisor, prior to exercising the
exchange option provided under this rider.
2. WHAT IS THE DATE OF EXCHANGE? The date of exchange will be the Monthly
Deduction Day of this policy, which is on or next following the date on
which we have received all of the following at our Home Office:
1) The application for the new policy, signed by you and the new
Insured;
2) this policy;
3) proof, acceptable to us, of the insurability of the person to be
Insured;
4) proof of your insurable interest in that person;
5) any loan repayment, as required by Item 7 of this rider;
6) any extra payment we may require in connection with the exchange,
as required by Item 6 of this rider.
On the date of exchange, the new policy will take effect and this policy
will become void. No insurance will be provided under this policy on or
after that date. If an assignment is in effect under this policy on the
date of exchange, we shall require that the assignee give a written
consent to the exchange.
3. WHAT TYPE OF INSURANCE WILL THE NEW POLICY PROVIDE? The new policy will
provide the same type of insurance as this policy. The new policy will be
the same edition, and will have the same provisions and limitations, as
policies we are issuing on the date of exchange. If, on the date of
exchange, we are no longer offering a policy which is similar to this
policy, then the new policy will be another policy which we are then
making available for these types of exchanges.
The face amount of the new policy cannot exceed the lesser of (1) the
initial face amount of this policy when it was issued, or (2) the face
amount of this policy on the date of exchange. Riders may not be made a
part of the new policy, unless we agree.
The policy date of the new policy will be the date of exchange. The cost
of insurance charges for the new policy will be based on the new
Insured's age, sex and class of risk on the date of exchange, as well as
our cost of insurance rate scale in effect at that time.
<PAGE> 2
INSURANCE EXCHANGE (IE)
(CONTINUED)
4. WHEN DO THE INCONTESTABILITY AND SUICIDE EXCLUSION PERIODS BEGIN FOR THE
NEW POLICY? The periods of time described in the Incontestability or
Suicide Exclusion provisions of the new policy will be measured from the
date of issue of the new policy.
5. WHEN DOES THE SURRENDER CHARGE PERIOD BEGIN FOR THE NEW POLICY? The
period during which the surrender charges, if any, apply under the new
policy will be measured from the policy date of this policy.
6. HOW DO WE DETERMINE THE AMOUNT OF ANY REQUIRED EXTRA PAYMENT? The cash
value of the new policy will be the same as the cash value of this policy
on the date of exchange. However, the cash surrender value of the new
policy may be different than that of this policy if different surrender
charges are applicable to the new Insured. At the time the exchange is
requested, we may require an extra payment to be paid no later than the
date of exchange. The method we use to determine this extra payment is as
follows:
a) If the cash surrender value of the new policy will exceed the cash
surrender value of this policy, then a payment equal to 103% of
the difference between these two values is required.
b) It may happen that the cash surrender value of the new policy
after the exchange would be zero or less than zero. In this event,
we will require a payment in an amount sufficient to keep the new
policy in force for 2 months following the date of exchange.
7. WHAT HAPPENS IF THIS POLICY HAS AN UNPAID LOAN? Loans on this policy
cannot be carried over to the new policy. If you have not repaid an
outstanding loan before the date of exchange, the amount of the loan will
be deducted from the cash value before the exchange takes place.
8. DOES THIS RIDER HAVE CASH OR LOAN VALUES? This rider does not have cash
value or loan value.
9. IS THERE A CHARGE FOR THIS RIDER? There is no charge for this rider.
10. IS THIS RIDER PART OF THE CONTRACT? This rider is made a part of the
policy to which it is attached.
11. WHEN DOES THIS RIDER END? You can cancel this rider by sending us your
signed notice. This rider ends at the death of the Insured or if this
policy ends or is surrendered.
This rider will also end when the right to exchange this policy for one
on the life of a new Insured is exercised in accordance with the rider's
provisions.
NEW YORK LIFE INSURANCE
AND ANNUITY CORPORATION
/s/ GEORGE J. TRAPP /s/ FREDERICK J. SIEVERT
- ---------------------- ------------------------
Secretary President
<PAGE> 1
EXHIBIT (5)(j)
RIDER
- --------------------------------------------------------------------------------
SPOUSE'S
PAID-UP
INSURANCE
PURCHASE
OPTION
(SPPO)
DEFINITIONS Any reference to an insured under this rider includes both the
Insured under the basic policy and any Other Covered Insured under any Term
Insurance on Other Covered Insured rider attached to this policy.
BENEFIT If this rider is in effect at an Insured's death, the person who at that
time is that Insured's spouse, has the right to purchase, without proof of
insurability, a level amount of new paid-up life insurance on his or her own
life, in accordance with the provisions of this rider. That Insured's spouse
must be a beneficiary to whom all or part of the life insurance proceeds
resulting from that Insured's death under this policy or its riders will be
payable in one sum.
HOW MUCH INSURANCE MAY BE PURCHASED The largest amount of paid-up life insurance
which may be purchased is the amount of the insurance proceeds, applicable to
that Insured, which is payable in one sum, to that Insured's spouse who is the
beneficiary. The amount of insurance refers to amounts provided by the basic
plan of insurance and/or by any Term Insurance on Other Covered Insured rider
attached to the policy, plus any insurance (excluding accidental death benefits)
from riders or dividends and which is payable in one sum (prior to deducting any
unpaid loan). However, the amount of paid-up insurance which may be purchased
will be reduced by any increase in the life insurance benefit resulting from any
unscheduled premiums paid under the basic policy during the 24 month period
prior to the date of the Insured's death.
In addition, the actual amount which can be purchased on any one person must
meet our minimum amount requirements.
The maximum amount of insurance which can be purchased on any one person can
never be greater that the lesser of: (a) the amount which can be purchased by
the life insurance proceeds (prior to deducting any unpaid loan) which the
Insured's spouse is entitled to receive in one sum because of that Insured's
death, or (b) 5 million dollars.
PREMIUM FOR NEW INSURANCE The single premium rate for the new paid-up life
insurance is based on the spouse's age and sex on the date the new insurance
takes effect. This rate will not be more than 105% of the net single premium for
paid-up life insurance, defined in the Values provision of this rider.
PURCHASE OF NEW INSURANCE The Insured's spouse can apply to purchase the new
paid-up life insurance before we have paid life insurance proceeds under the
policy to him or her. However, he or she must apply within the 90 days after the
Insured's death.
The new paid-up life insurance will be available in a policy issued by New York
Life Insurance Company or by one of its affiliated companies. It will have the
same provisions as are in the series of policies being issued by the new
Insuring company on its policy date.
The paid-up life insurance will take effect on the date when all three of the
following events have taken place:
1. The spouse's signed application is received by us while he
or she is living.
2. We determine the life insurance proceeds payable to the
spouse.
3. The entire single premium for the paid-up life insurance
purchased under this rider has been received by us.
We will reduce the life insurance proceeds in Item 2 to pay the single premium
for the paid-up life insurance. If these proceeds are not sufficient to pay that
entire single premium, then the balance of that premium must be paid to us
before any such insurance will take effect.
<PAGE> 2
SPOUSE'S
PAID-UP
INSURANCE
PURCHASE
OPTION
(CONTINUED)
It may happen that an Insured's spouse, who has the right to apply for paid-up
life insurance under this rider, dies at the same time as that Insured, or
within 90 days after that date and before that paid-up insurance takes effect.
In these cased, provided the Insured's spouse's death did not result from
suicide, while sane or insane, we will pay the maximum amount of paid-up life
insurance that the spouse could have applied for under this rider, less the
applicable single premium for that insurance.
The beneficiary for any paid-up life insurance payable under a policy issued in
connection with this rider will be the estate of that Insured's spouse, unless
stated otherwise in the policy for that insurance.
AVAILABILITY OF RIDERS Riders may not be included with the new paid-up life
insurance.
SUICIDE EXCLUSION Suicide of the Insured's spouse, while sane or insane, within
two years after the date of the Insured's death, is not covered by this rider.
In the event of the spouse's suicide within that two year period, any single
premium paid for any new paid-up life insurance will be refunded.
VALUES The new paid-up life insurance has cash value and loan value, and is
eligible for dividends. However, it is not expected that any dividends will be
payable on this insurance.
The net single premiums and the cash values for the paid-up insurance are based
on the 1980 CSO Tables of Mortality. Continuous functions are used. Interest is
compounded each year at 4%.
CONTRACT The rider is made a part of the policy to which it is attached at issue
of the policy. If added to a policy which already in force, this rider is made a
part of that policy, based on the application for the rider.
INCONTESTABILITY OF RIDER We will not contest this rider if it is attached at
issue of the policy.
If this rider is added to a policy which is already in force, we will not
contest the rider after it has been in force during the lifetime of the Insured
for 2 years from the date of issue of the rider.
DATES This rider and the basic policy have the same date of issue, unless the
rider is added to a policy which is already in force. In this case, the date of
issue of this rider is shown in an add-on rider which we put in the basic
policy.
WHEN RIDER ENDS You can cancel this rider as of any date. To do this, a signed
notice must be sent to us within 31 days of that date. This rider ends if the
basic policy ends, is surrendered, or is exchanged for a new policy.
NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION
By
--------------------------
--------------------------
<PAGE> 1
EXHIBIT (9)(e)
NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION'S
ISSUANCE, REDEMPTION AND TRANSFER PROCEDURES FOR
POLICIES PURSUANT TO RULE 6e-3(T)(b)(12)(iii)
This document sets forth, as required by Rule 6e-3(T)(b)(12)(iii), the
administrative practices that will be followed by New York Life Insurance and
Annuity Corporation ("NYLIAC") in connection with certain procedures for the
Variable Universal Life Insurance 2000 Policies (the "Policies") described in
their Registration Statement, filed with the Securities and Exchange Commission
(the "SEC") for the issuance of the Policies by NYLIAC, the transfer of assets
held thereunder, and the redemption by policyowners of their interests in the
Policies. Defined terms used but not defined in this document have the same
meanings as in the prospectus for the Policies.
----------------------------
1. "Public Offering Price":
Purchase and Related Transactions
Set out below is a summary of the principal Policy provisions and
administrative procedures which might be deemed to constitute, either directly
or indirectly, a "purchase" transaction. The summary shows that, because of the
insurance nature of the Policies, the procedures involved necessarily differ in
certain significant respects from the purchase procedures for mutual funds and
contractual plans.
(a) Premium Payment Plans and Underwriting Standards
A schedule of planned premium payments may be selected at the time of
application and may be changed at any time. The planned premium is set forth in
the Policy. There is no penalty if the planned premium is not paid, nor does
payment of this amount guarantee coverage for any period of time. Even if
planned premiums are paid, the Policy may terminate if the cash surrender value
becomes insufficient to pay the monthly deductions from cash value and a grace
period expires without sufficient payment. However, the no-lapse guarantee
benefit may prevent the Policy from terminating during the first three Policy
Years if the total premium paid under the Policy is at least equal to the
minimum monthly premium payment amount as set forth in the policy multiplied by
the number of months the Policy has been in effect.
A policyowner may make additional unplanned premium payments at any time
before the
<PAGE> 2
Policy anniversary on which the insured is, or would have been, age 100, as long
as the insured is living. However, if payment of an unplanned premium would
cause the Life Insurance Benefit of the Policy to increase more than the cash
value will increase, the insured must be living, and NYLIAC will require proof
of insurability. The minimum unplanned premium amount NYLIAC allows is $50.00.
NYLIAC reserves the right to limit the number and amount of unplanned premiums.
The Policies will be offered and sold pursuant to established underwriting
standards and in accordance with state insurance laws. State insurance laws
prohibit unfair discrimination among insureds but recognize that mortality
charges must be based upon factors such as age, sex, health and smoker status,
and occupation.
(b) Application and Initial Premium Processing
Individuals wishing to purchase a Policy must complete an application. The
minimum face amount of a Policy is $50,000. The insured may not be older than
attained age 80 as of the Policy Date or the date of any increase in face
amount. Before issuing any Policy, NYLIAC will require satisfactory evidence of
insurability.
The policyowner selects a schedule of planned premium payments plan in the
application. The amount of the planned premium is shown on the Policy Data Page.
When a premium payment is received and accepted, NYLIAC may deduct a sales
expense charge, as well as state tax and federal tax charges. The balance of the
premium (the net premium) will be applied to the Investment Divisions of the
Separate Account at the accumulation unit value determined at the end of the
valuation day when the payment is received and to the Fixed Account in
accordance with a policyowner's allocation election in effect at that time, and
before any other deductions which may be due are made.
(c) Free Look Provision
A Policy may be canceled within 20 days (ten days for residents of New
York or longer if required by state law) after the policyowner receives it by
returning it to the Variable Products Service Center or any of NYLIAC's agency
offices or the registered representative through whom it was purchased. Premiums
will be allocated to NYLIAC's General Account during the first 20 days (ten in
New York) of a free look period. The policyowner will then receive from
2
<PAGE> 3
NYLIAC the greater of the Policy's cash value as of the date the Policy is
returned or the total premiums paid, less any loans and any partial withdrawals
taken. The policyowner may cancel increases in the Policy's face amount under
the same time limitations. For canceled increases in the face amount, the refund
will equal the amount of premiums in excess of the planned premiums allocated to
the increase in accordance with the surrender charge provision, less any portion
of such amount previously paid to the policyowner.
(d) Repayment of Indebtedness
Loan interest accrues each day and is payable on the earliest of the
following dates: the Policy anniversary, the date of death of the insured, the
date of surrender, the date of lapse or the date of a loan increase or loan
repayment. Loan interest not paid in cash as of the Policy anniversary will be
charged as a new loan and amounts may need to be transferred to the Fixed
Account to cover the increased loan amount.
If the loan interest rate is lower than 8% per year, any subsequent
increase in the interest rate will be subject to the following conditions:
(1) The loan interest rate shall be determined at least once every
twelve months, but not more frequently than once every three months.
(2) The amount by which the interest rate may be increased will not
exceed one percent per calendar year, but the rate of interest shall
in no event exceed 8% per year.
All or part of an unpaid loan can be repaid at any time while the Policy
is still effective. Loan repayments are allocated to repay any portion of the
loan originally taken from the Fixed Account. Any remaining portion of the loan
repayment will be allocated to the Investment Divisions in the same proportion
as the amount of money in each Investment Division on the date of the loan
repayment, unless the policyowner indicates otherwise. If a loan is outstanding
when the Policy Proceeds or surrender proceeds become payable, NYLIAC will
deduct the amount of any unpaid loans (including accrued loan interest) from
these proceeds. If the unpaid loan and accrued interest exceed the cash value of
the Policy, less any applicable surrender charges and any additional contract
charge, NYLIAC will mail a notice to the policyowner at his or her last known
address, and a copy to the last known assignee, if any, on NYLIAC's records. All
insurance will end 31 days after the date on which NYLIAC mails that notice to
the
3
<PAGE> 4
policyowner if the excess amount is not paid within that 31 days.
(e) Correction of Misstatement of Age or Sex
If the insured's age or sex is misstated in the Policy application, NYLIAC
will adjust the cash value, the cash surrender value, and/or the life insurance
benefit to reflect the correct age and sex. NYLIAC will adjust the life
insurance benefit provided by the Policy based on the most recent mortality
charge for the correct date of birth and/or correct sex.
2. "Redemption Procedures":
Surrender and Related Transactions
This section outlines those procedures which might be deemed to constitute
"redemptions" under the Policy. These procedures differ in certain significant
respects from the redemption procedures for mutual funds.
(a) Surrenders and Partial Withdrawals
The owner of the Policy may request a partial withdrawal of up to the cash
surrender value of a Policy under the following conditions: i) the insured is
living; ii) the partial withdrawal amount is at least $500, unless NYLIAC agrees
to a lesser amount; and, iii) the partial withdrawal will not cause the Policy
to fail to qualify as life insurance under Section 7702 of the Internal Revenue
Code. The owner of the Policy may surrender the Policy for its cash surrender
value at any time while the insured is still living. Uniform rules will be
applied in agreeing to partial withdrawals under $500. The cash surrender value
is the cash value less any surrender charges, any additional contract charge and
outstanding Policy loans (including any accrued loan interest). The cash value
of the Policy is held in one or more Investment Divisions of the Separate
Account and/or in the Fixed Account. The cash value is allocated among the Fixed
Account and/or the Investment Divisions according to the allocation percentages
requested in the application, or as subsequently changed by the policyowner.
The amount available for a surrender or withdrawal is the Policy's cash
value at the end of the valuation day during which the written request for the
surrender or partial withdrawal is received by NYLIAC, less any surrender
charges and any additional contract charge and outstanding Policy loan
(including any accrued loan interest). A partial withdrawal will be made on a
pro rata basis from the Fixed Account and/or Investment Divisions, unless the
policyowner
4
<PAGE> 5
indicates otherwise. If the portion of the request for a partial withdrawal from
the Fixed Account and/or Investment Divisions is greater than the amount in the
Fixed Account and/or Investment Divisions, NYLIAC will reduce the partial
withdrawal to the amount available in those Investment Divisions and/or in the
Fixed Account and pay the policyowner that amount less any applicable withdrawal
fee and surrender charge. Partial withdrawals will cause a reduction in the
Policy's face amount when Life Insurance Benefit Option 1 is in effect. NYLIAC
reserves the right to limit the amount and frequency of partial withdrawals.
Partial withdrawals and surrenders may be subject to charges.
During the first 15 Policy Years, a surrender charge will be assessed on a
complete surrender or decrease in face amount, including a decrease caused by a
change in the Life Insurance Benefit Option or from a partial withdrawal. The
surrender charge for a complete surrender (assuming there has not been a
previous charge to the Policy) is the lesser of: i) 50% of the total premiums
paid under the policy; or ii) a percentage of the surrender charge premium shown
in the table below.
<TABLE>
<CAPTION>
Policy Year Surrender Charge
----------- ----------------
<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>
In addition, in the event that the policyowner surrenders the Policy
within the first Policy Year or if the Policy lapses during the first policy
year and is subsequently reinstated, NYLIAC
5
<PAGE> 6
will deduct an additional contract charge equal to the difference between a and
b multiplied by c, [i.e., (a-b) * 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 date the Policy is
surrendered and the first anniversary of the Policy Date, or the date
of reinstatement, if there is a lapse.
Surrender charges for the Policies are calculated separately for the
initial face amount and for each increase in the face amount, other than an
increase caused by a change in the Life Insurance Benefit Option. A decrease in
face amount will result in the imposition of a surrender charge equal to the
difference between the surrender charge which would have been payable on a
complete surrender prior to the decrease and the surrender charge which would be
payable on a complete surrender after the decrease. Where, because of increases
in face amount, there are multiple plans of surrender charges, the charge
applied will be based first on the surrender charge associated with the last
increase in face amount, then on each prior increase, in the reverse order in
which the increases occurred, and then to the initial face amount.
In addition to the surrender charge, NYLIAC may charge a fee, not to
exceed the lesser of $25 or 2% of the amount withdrawn, for processing a partial
withdrawal. The partial withdrawal and any withdrawal fee will be deducted from
the Fixed Account and/or Investment Divisions based on the partial withdrawal
allocation. If the policyowner does not specify a partial withdrawal allocation,
the partial withdrawal and any withdrawal fee will be deducted from the Fixed
Account and/or Investment Divisions on a pro rata basis*. When the policyowner
makes a partial withdrawal, the Policy Proceeds, the face amount, the cash
value, and the cash surrender value may be reduced.
NYLIAC reserves the right to limit the amount and frequency of partial
withdrawals.
- ------------
* If the policyowner requests a partial withdrawal that is greater than
the amount in the Investment Divisions and/or the Fixed Account chosen, the
partial withdrawal will be reduced to the amount available in those Investment
Divisions and/or in the Fixed Account, less any applicable withdrawal fee and
surrender charge.
6
<PAGE> 7
NYLIAC specifically reserves the right to prohibit partial withdrawals once a
Policy's face amount has fallen below the minimum face amount specified in the
Policy prospectus.
(b) Benefit Claims
If the Policy has not terminated, payments of any cash surrender value,
partial withdrawal, loan proceeds or Policy Proceeds are generally made within 7
days after NYLIAC receives all required documents at the Variable Products
Service Center or such other location that NYLIAC indicates to the policyowner
in writing. But NYLIAC can delay payment of any partial withdrawal from the
Separate Account, loan proceeds attributable to the Separate Account, the cash
surrender value or the Policy Proceeds during any period that:
- - It is not reasonably practicable 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 ("Commission"), or the Commission declares that an
emergency exists; or
- - The Commission, by order, permits NYLIAC to delay payment in order to
protect policyowners.
NYLIAC may delay paying any portion of any loan or surrender request,
including requests for partial withdrawals, from the Fixed Account for up to 6
months from the date the request is received at the Variable Products Service
Center. NYLIAC can delay payment of the entire Policy Proceeds if payment is
contested. NYLIAC investigates all death claims arising within the two year
contestable period. Upon receiving the information from a completed
investigation, NYLIAC generally makes a determination within five days as to
whether the claim should be authorized for payment. Payments are made promptly
after authorization. If payment of a cash surrender value or partial withdrawal
is delayed for 30 days or more, NYLIAC adds interest at an annual rate of 3%, or
more, if required by law. NYLIAC adds interest to Policy Proceeds from the date
of death to the date of payment at the same rate as is paid under the Interest
Payment Option, or a higher rate if required by law.
The Policy Proceeds are the amount payable to the named beneficiary when
the insured dies. Upon receiving due proof of death, NYLIAC pays the beneficiary
the Policy Proceeds determined as of the date the last surviving insured dies.
All or part of the benefit can be paid in cash or applied under one or more of
the payment options under the Policy.
7
<PAGE> 8
NYLIAC pays interest on the Policy Proceeds from the date of death of the
insured to the date the Policy Proceeds are paid or a payment option becomes
effective. If the death occurs during the 62-day late period, NYLIAC will
subtract any outstanding loans (including loan interest) and any unpaid monthly
deductions from the Policy's Life Insurance Benefit and then credit the
interest. The Policy Proceeds are unaffected by investment experience unless the
Life Insurance Benefit is based on Life Insurance Benefit Option 2 or Internal
Revenue Code Section 7702 requires the Life Insurance Benefit to be adjusted.
(c) Policy Loans
Using the Policy as sole security, the policyowner can borrow any amount
up to 90% of the cash surrender value (or more if required by state law).
When a loan is requested, an amount necessary to increase the cash value
of the amount in the Fixed Account to 106% of the new loan amount, is
transferred from the Separate Account to the Fixed Account. 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 106% of all outstanding loans
are permitted. If the monthly deductions from cash value will cause the cash
value of the Fixed Account to fall below the 106% threshold, NYLIAC may take
these deductions from the Investment Divisions of the Separate Account in
proportion to the amounts in each Investment Division. The amount transferred to
the Fixed Account is not affected by the Separate Account's investment
performance. The portion of the cash value in the Fixed Account, equal to the
Policy loan is credited with interest at a fixed rate determined by NYLIAC,
which will never be less than 2% less than the effective annual loan interest
rate. This loan interest stays in the Fixed Account unless the Policyowner
transfers any amounts no longer needed as security to the Separate Account.
If the Policy has not terminated, payment of loan proceeds is made within
7 days after NYLIAC receives any required documents at the Variable Products
Service Center or any other location indicated in writing by NYLIAC. NYLIAC can
delay payment of loan proceeds attributable to the Separate Account during any
period that:
8
<PAGE> 9
- - It is not reasonably practicable to determine the amount because the New
York Stock Exchange is closed (other than customary weekend and holiday
closings), trading is restricted by the Commission, or the Commission
declares that an emergency exists; or
- - The Commission, by order, permits NYLIAC to delay payment in order to
protect policyowners.
NYLIAC may delay paying any loan proceeds from the Fixed Account for up to
6 months from the date the request is received at the Variable Products Service
Center.
(d) Replacement Processing
The policyowner may surrender a variable life insurance policy issued by
NYLIAC in an exchange for a variable life insurance policy of another issuer.
NYLIAC reserves the right to delay replacement processing of the surrender of a
variable life insurance policy until it receives from the issuer of the
replacement policy any documentation required by appropriate state law
including, but not limited to, a notice of replacement. Replacement requests are
processed at the price next determined after NYLIAC receives a written request.
(e) Policy Termination
The Policy does not terminate for failure to pay premiums since payments,
other than the initial premium, are not specifically required. Rather, on a
Monthly Deduction Day, if the cash surrender value is less than the monthly
deductions from cash value for the next Policy month, the Policy will continue
for a late period of 62 days after that Monthly Deduction Day (unless otherwise
indicated by state law).
NYLIAC allows 62 days to pay any premium necessary to cover the overdue
monthly deductions from cash value and/or any excess Policy loan. NYLIAC will
mail a notice to the policyowner at his or her last known address, and a copy to
the last known assignee on the records at least 31 days before the end of the
late period which sets forth this amount. During the late period, the Policy
remains in force. If NYLIAC does not receive the required payment before the end
of the late period, the Policy will end without any benefits. If the last
surviving insured dies during the late period, NYLIAC will pay the Policy
Proceeds. However, these proceeds will be reduced by the amount of any unpaid
monthly deductions from cash value for the full Policy month or months that run
from the beginning of the late period through the Policy
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<PAGE> 10
month in which the insured dies. The Policy contains a no-lapse guarantee
provision which may prevent the Policy from terminating during the first three
Policy Years and provides that if total premiums paid under the Policy less any
loans or partial withdrawals are at least equal to the minimum monthly premium
payment amount multiplied by the number of months the policy is in effect, the
policy will remain in effect. The no-lapse guarantee will end on the earlier of:
i) the third policy anniversary; ii) the date the face amount of the Policy is
changed; or iii) the date any riders are added to or are deleted from the
Policy.
(f) Reinstatement
For a period of five (5) years after termination, the Policyowner can
request that NYLIAC reinstate the Policy while the insured is living. NYLIAC
will not reinstate a Policy if it has been returned for its cash surrender
value.
Before NYLIAC will reinstate the Policy, NYLIAC must receive the following:
- A payment equal to the sum of (i) and (ii) where:
(i) is an amount which is sufficient to keep the Policy in
force for at least three months; and
(ii) is 230% of any additional contract charge for a Policy
that ended during the first Policy Year and is later
reinstated.
- Evidence of insurability satisfactory to NYLIAC, if the
reinstatement is requested more than 31 days after termination.
The effective date of reinstatement will be the Monthly Deduction Day on
or following the date NYLIAC approves the request for reinstatement. If NYLIAC
does reinstate the 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.
NYLIAC will deduct any unpaid loan from the cash value, or any unpaid loan can
be repaid, together with loan interest up to 6% compounded each year from the
end of the late period to the date of reinstatement.
3. "Transfers"
All or part of the cash value may be transferred (1) from the Fixed
Account to the Investment
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<PAGE> 11
Divisions of the Separate Account, (2) from the Investment Divisions of the
Separate Account to the Fixed Account, or (3) among the Investment Divisions of
the Separate Account. The minimum amount that may be transferred 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. If, after an
ordered transfer, the amount remaining in an Investment Division or the Fixed
Account Value would be less than $500, the entire value will be transferred.
There is no charge for the first twelve transfers in any one Policy Year. NYLIAC
reserves the right to charge $30 for each transfer in excess of twelve per year.
The maximum amount that may be transferred from the Fixed Account to the
Separate Account 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.
Transfer requests must be in writing on a form approved by NYLIAC or by
telephone in accordance with established procedures.
(a) Dollar Cost Averaging
Through a process called Dollar Cost Averaging, the policyowner may
specify, prior to termination of the Policy, a specific dollar amount to be
transferred from any Investment Division to any combination of Investment
Division and/or the Fixed Account. The Policyowner will specify the Investment
Division to transfer money from, the Investment Divisions and/or Fixed Account
to transfer money to, the amounts to be transferred (minimum transfer: $100),
the date on which transfers will be made, subject to the rules of NYLIAC, and
the frequency of the transfers, either monthly, quarterly, semi-annually or
annually. Dollar Cost Averaging transfers are not available from the Fixed
Account, but these transfers may be made into the Fixed Account. Dollar Cost
Averaging transfers do not count as transfers toward the 12 free transfers
limit.
NYLIAC will make all Dollar Cost Averaging transfers on the day of each
calendar month specified by the policyowner, or on the next business day. The
policyowner may specify any day of the month with the exception of the 29th,
30th or 31st of a month. In order to process a Dollar Cost Averaging transfer,
NYLIAC must have received a request in writing no later than one week prior to
the date Dollar Cost Averaging transfers are to commence.
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<PAGE> 12
The minimum cash value required to elect this feature is $2,500. The
Dollar Cost Averaging feature may be canceled at any time by written request.
The feature will be automatically suspended if the cash value is less than
$2,000. The policyowner may not elect Dollar Cost Averaging if Automatic Asset
Reallocation has been chosen. The policyowner may alternate between these two
features.
(b) Automatic Asset Reallocation
Through a process called Automatic Asset Reallocation, the policyowner may
elect to have assets automatically reallocated among the Investment Divisions to
maintain a pre-determined percentage invested in Investment Divisions the
policyowner has selected. The policyowner will specify the Investment Divisions
the assets will be allocated to, the percent to be invested in these Investment
Divisions, and the frequency with which the amounts will be allocated, (either
quarterly, semi-annually or annually). Automatic Asset Reallocation transfers do
not count as transfers toward the 12 free transfers limit.
The minimum amount a policyholder must have in the Separate Account to
elect this feature is $2,500. The Automatic Asset Reallocation feature may be
canceled at any time by written request. The option will automatically be
suspended if the cash value is less than $2,000. The policyowner may not elect
Automatic Asset Reallocation if Dollar Cost Averaging has been chosen. The
policyowner may alternate between these two features.
(c) Interest Sweep
Through the process called Interest Sweep, the policyowner may instruct
NYLIAC to periodically transfer the interest earned in the Fixed Account into
Investment Divisions the policyowner specifies. The policyowner will specify the
percentages of Fixed Account interest to be transferred to each Investment
Division, the date this feature will start, the date on which transfers will be
made, subject to the rules of NYLIAC, and the frequency of transfers, either
monthly, quarterly, semi-annually or annually. NYLIAC will begin making Interest
Sweep transfers if the amount in the Fixed Account is at least $2,500. The
policyowner may specify any day of the month to make these transfers, with the
exception of the 29th, 30th and 31st of a month. Interest Sweep transfers do not
count as transfers toward the 12 free transfers limit.
Policyowner may not choose the Interest Sweep feature if they have
allocated any part of
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<PAGE> 13
their Policy expenses to the Fixed Account.
Policyowners may request Interest Sweep in addition to either Dollar Cost
Averaging or Automatic Asset Reallocation. If an Interest Sweep transfer is
scheduled for the same day as a Dollar Cost Averaging or Automatic Asset
Reallocation transfer, NYLIAC will process the Interest Sweep Transfer first.
If the amount a policyowner has in the Fixed Account is less than $2,000,
NYLIAC will automatically suspend this feature. The Interest Sweep feature may
be canceled at any time by written request.
(d) Exchange Procedure
At any time within 24 months of the Issue Date, the policyowner may
request that the entire amount of the Policy invested in the Investment
Divisions be transferred to the Fixed Account. The exchange will become
effective when NYLIAC receives a proper written request.
In addition, at any time within 24 months of the Issue Date, the
policyowner may exchange the Policy for a new fixed premium permanent plan of
life insurance which NYLIAC (or one of its affiliates) is offering for this
purpose. NYLIAC will not require evidence of insurability. The date of exchange
will be the later of (a) the date the policyowner sends NYLIAC the Policy along
with a proper written request; or (b) the date NYLIAC receives at the Variable
Products Service Center or such other location that NYLIAC indicates to the
policyowner in writing, the necessary payment for the exchange. All riders will
end. The endorsed policy will have the same Issue Date, issue ages and risk
classifications as the original Policy. In order to exchange the Policy, NYLIAC
will require: (a) that the Policy be in effect on the date of exchange; and (b)
repayment of any unpaid loan plus accrued interest.
13
July 2, 1999
<PAGE> 1
EXHIBIT (2)
[NEW YORK LIFE LOGO]
The Company You Keep NEW YORK LIFE INSURANCE COMPANY
51 Madison Avenue, New York, NY 10010
(212) 576-3763
JONATHAN E. GAINES
Vice President and
Associate General Counsel
July 16, 1999
Securities and Exchange Commission
450 Fifth Street, N. W.
Washington, D. C. 20549
RE: NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION
VARIABLE UNIVERSAL LIFE SEPARATE ACCOUNT-I
INVESTMENT COMPANY ACT FILE NUMBER: 811-07798
SECURITIES ACT FILE NUMBER: 333-79309
Ladies and Gentlemen:
This opinion is furnished in connection with the filing by New York Life
Insurance and Annuity Corporation ("NYLIAC") of the registration statement on
Form S-6 ("Registration Statement") under the Securities Act of 1933, as
amended, of NYLIAC Variable Universal Life Separate Account-I ("Separate
Account-I"). Separate Account-I receives and invests premiums allocated to it
under a variable universal life policy ("Policy"). The Policy is offered in the
manner described in the Registration Statement.
In connection with this opinion, I have made such examination of the law
and have examined such corporate records and such other documents as I consider
appropriate as a basis for the opinion hereinafter expressed. On the basis of
such examination, it is my opinion that:
1. NYLIAC is a corporation duly organized and validly existing under
the laws of the State of Delaware.
2. Separate Account-I is a separate account established and maintained
by NYLIAC pursuant to Section 2932 of the Delaware Insurance Code,
under which the income, gains and losses, realized or unrealized,
from assets allocated to Separate Account-I shall be credited to or
charged against Separate Account-I, without regard to other income,
gains or losses of NYLIAC.
<PAGE> 2
Securities and Exchange Commission
July 16, 1999
Page 2
3. The Policies have been duly authorized by NYLIAC and, when sold in
jurisdictions authorizing such sales, in accordance with the
Registration Statement, will constitute validly issued and binding
obligations of NYLIAC in accordance with their terms.
4. Each owner of a Policy will not be subject to any deductions,
charges, or assessments imposed by NYLIAC other than those provided
in the Policy.
I consent to the use of this opinion as an exhibit to the Registration
Statement.
Very truly yours,
/s/ JONATHAN E. GAINES
Jonathan E. Gaines
Vice President and
Associate General Counsel
<PAGE> 1
EXHIBIT 6
NEW YORK LIFE logo New York Life Insurance Company
The Company You Keep (R) 51 Madison Avenue
New York, New York 10010
July 16, 1999
Re: New York Life Insurance and Annuity Corporation
Variable Universal Life Separate Account - I
Investment Company Act File Number: 811-07798
Securities Act File Number: 333-79309
Ladies and Gentlemen:
This opinion is furnished in connection with the referenced registration
statement filed by New York Life Insurance and Annuity Corporation ("NYLIAC")
under the Securities Act of 1933 (the "Registration Statement"). The prospectus
included in the Registration statement on Form S-6 describes variable universal
life insurance policies (the "Policies") to be marketed under the name "NYLIAC
VUL 2000". I am familiar with the Registration Statement and Exhibits thereto.
In my opinion, the illustrations of benefits under the Policies included in the
Section entitled "Illustrations" in Appendix A of the prospectus, based on the
assumptions stated in the illustrations, are consistent with the provisions of
the respective forms of the Policies. The age selected in the illustrations is
representative of the manner in which the Policies operate.
In addition, I have reviewed the discount rate used in calculating the present
value of NYLIAC's future tax deductions resulting from the amortization of its
deduction for certain acquisition costs. In my opinion, the DAC tax charge is
reasonable in relation to NYLIAC's increased federal tax burden under section
848 resulting from the receipt of premiums; the targeted rate of return used in
calculating such charges is reasonable; and the factors taken into account by
NYLIAC in determining the targeted New York rate of return are appropriate.
<PAGE> 2
I hereby consent to the use of this opinion as an exhibit to the Registration
Statement and to the reference to my name under the heading "Experts" in the
prospectus.
Sincerely,
/s/ EUGENIA BOMASH
Eugenia Bomash, FSA, MAAA
Associate Actuary
<PAGE> 1
EXHIBIT 7
CONSENT OF INDEPENDENT ACCOUNTANTS
We hereby consent to the use in the Prospectus constituting part of this
Pret-Effective Amendment No. 1 to the registration statement on Form S-6 (the
"Registration Statement") of our report dated March 9, 1999, relating to the
financial statements of New York Life Insurance and Annuity Corporation. We also
consent to the reference to us under the heading "Independent Accountants" which
appears in such Prospectus.
PRICEWATERHOUSECOOPERS LLP
1177 Avenue of the Americas
New York, New York
July 21, 1999
