As filed with the Securities and Exchange Commission on April 25, 1996
Registration Nos. 33-83412
811-8736
================================================================================
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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POST-EFFECTIVE AMENDMENT NO. 1
to
FORM S-6
FOR REGISTRATION UNDER THE SECURITIES ACT OF 1933
OF SECURITIES OF UNIT INVESTMENT TRUSTS REGISTERED ON FORM N-8B-2
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THE GUARDIAN SEPARATE ACCOUNT K
(Exact Name of Trust)
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THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
(Name of Depositor)
201 Park Avenue South, New York, New York 10003
(Complete Address of Principal Executive Offices)
------------
RICHARD T. POTTER, JR., ESQ.
The Guardian Insurance & Annuity Company, Inc.
201 Park Avenue South
New York, New York 10003
(Name and address of agent for service)
Copy to:
STEPHEN E. ROTH, ESQ.
Sutherland, Asbill & Brennan
1275 Pennsylvania Avenue, N.W.
Washington, D.C. 20004
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It is proposed that this filing will become effective (check appropriate
box):
|_| immediately upon filing pursuant to paragraph (b), or
|X| on May 1, 1996 pursuant to paragraph (b)
|_| 60 days after filing pursuant to paragraph (a)(i), or
|_| on (date) pursuant to paragraph (a)(i) of Rule 485
If appropriate, check the following box:
|_| this post-effective amendment designates a new effective date for
a previously-filed post-effective amendment.
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The Registrant has registered an indefinite number of its shares under the
Securities Act of 1933 pursuant to Rule 24f-2 under the Investment Company Act
of 1940. The notice required by such rule for the Registrant's most recent
fiscal year was filed on February 28, 1996.
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<PAGE>
CROSS REFERENCE TO ITEMS REQUIRED BY FORM N-8B-2
N-8B-2 Item Heading in Prospectus
- ----------- ---------------------
1,2,3,51(a)..................... Cover Page; Summary
4............................... Distribution of the Policy and Other
Contractual Arrangements
5............................... Summary
6(a)............................ The Separate Account
6(b)............................ The Separate Account
7............................... Not Applicable
8............................... Financial Statements
9............................... Legal Proceedings
10(a),(b)....................... Partial Withdrawals; Free Look; Surrender
10(d)........................... Fixed Benefit Life Insurance During the
First 24 Months; Transfers; Transfers from
the Fixed-Rate Option; Dollar Cost Averaging
Transfer Option; Reducing the Face Amount
10(e)........................... Default; Grace Period; Reinstatement
10(f)........................... Voting Rights
10(g),(h)....................... Rights Reserved by GIAC
10(i),44(a),51(g)............... Premiums; Policy Values and Benefits; Policy
Proceeds
11.............................. The Variable Investment Options
12.............................. The Variable Investment Options
13(a),(b),(c),51(g)............. Deductions from Policy Premiums and
Unscheduled Payments; Deductions from the
Mutual Funds
13(d),(g)....................... Not Applicable
13(e),(f)....................... Monthly Deductions from the Policy Account
Value; Transaction Deductions from Policy
Account Value; Deductions from the Separate
Account; Distribution of the Policy and
Other Contractual Arrangements
14.............................. Insureds
15.............................. Allocation of Net Premiums; Crediting
Payments
16.............................. Allocation of Net Premiums; Transfers;
Dollar Cost Averaging Transfer Option;
Policy Loans
17.............................. Surrender; Partial Withdrawals; Free Look;
Policy Proceeds
18.............................. The Variable Investment Options
19.............................. Communications from GIAC
20.............................. Not Applicable
21(a),(b)....................... Policy Loans; Automatic Premium Loan; Policy
Proceeds
21(c),22,23..................... Not Applicable
24.............................. Policy Value Options; Payment Options;
Limits to GIAC's Right to Challenge a
Policy; Other Information
25,27,29,48..................... Summary
26.............................. Not Applicable
28.............................. GIAC's Management
30,31,32,33,34,35,36,37......... Not Applicable
38,39,41(a)..................... Distribution of the Policy and Other
Contractual Arrangements
40.............................. The Funds' Investment Advisers
41(b),(c),42,43................. Not Applicable
44(a)........................... Premiums; Policy Values and Benefits
44(b)........................... Exhibits
44(c)........................... Premiums
45.............................. Not Applicable
46(a),47........................ Amounts in the Separate Account; Net
Investment Factor; Policy Proceeds
46(b)........................... Not Applicable
49,50........................... Not Applicable
51(b)........................... Cover Page
51(c),(d)....................... Death Benefit Options; Charge for the Cost
of Insurance; Mortality and Expense Risk
Charge
51(e),(f)....................... Policyowner and Beneficiary
51(h),(i),(j)................... Not Applicable
52(a),(c)....................... Rights Reserved by GIAC
52(b),(d)....................... Not Applicable
53(a)........................... GIAC's Taxes
53(b),54,55,56,57,58............ Not Applicable
59.............................. Financial Statements
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PARK AVENUE LIFE
Variable Whole Life Insurance Policy
With Modified Scheduled Premiums
Prospectus Dated May 1, 1996
Park Avenue Life is a variable whole life insurance policy with modified
scheduled premiums. The policy is issued by The Guardian Insurance & Annuity
Company, Inc. ("GIAC"), a wholly owned subsidiary of The Guardian Life Insurance
Company of America ("Guardian Life"). The policy provides guaranteed insurance
coverage until the Policy Anniversary nearest the insured's 100th birthday, that
at least equals the Face Amount if Policy Premiums are paid when due, no partial
withdrawals are made and there is no Policy Debt. Park Avenue Life also provides
the opportunity to increase the amount of insurance coverage and other policy
benefits if investment results are sufficiently favorable.
The policy provides for the payment of Policy Premiums during the insured's
lifetime, or until the Policy Anniversary nearest the insured's 100th birthday.
Under certain circumstances, Policy Premium payments may be skipped. When Policy
Premium payments are skipped, Net Premiums are not added to the Policy Account
Value, and charges continue to be deducted under the policy.
A policyowner may allocate Net Premiums and transfer all or portions of the
Unloaned Policy Account Value among six Variable Investment Options and a
fixed-rate option. Special limits apply to transfers out of the fixed-rate
option. The six Variable Investment Options provide variable market returns and
are offered through the investment divisions of The Guardian Separate Account K
(the "Separate Account"). The fixed-rate option provides a guaranteed return of
at least 4% annually. The Policy Account Value increases or decreases with,
among other things, the investment experience and/or credited interest provided
by the Variable Investment Options and the fixed-rate option, as selected by the
policyowner. A policyowner bears the investment risk for amounts held in the
Variable Investment Options.
Within limits, a policyowner may draw upon the Policy Account Value through
policy loans or partial withdrawals. A policyowner may also surrender the policy
for its Net Cash Surrender Value, but then all insurance coverage will end.
Surrender charges will be assessed during the first 12 policy years if the
policy lapses or is surrendered, or if the Face Amount is reduced. The Face
Amount can be reduced by request or as a result of a partial withdrawal. GIAC
also assesses a separate administrative processing charge in connection with
each partial withdrawal.
Regardless of a policy's investment experience, until the Policy Anniversary
nearest the insured's 100th birthday, it will not lapse and the death proceeds
will at least equal the Face Amount set forth in the policy if Policy Premiums
are paid when due, no partial withdrawals are made and there is no Policy Debt.
Upon policy lapse, a policyowner may continue life insurance coverage for a
limited period or in a reduced amount by electing a policy value option. Also, a
policyowner may be able to reinstate a policy that has not been surrendered for
cash for up to five years after lapse.
Upon the insured's death, GIAC will pay the policy's death proceeds to the
beneficiary(ies). Two death benefit options are offered. Option 1 provides a
death benefit that at least equals the Face Amount of the policy when the
insured dies. Option 2 provides a variable death benefit that will be greater
than the Face Amount when the Policy Account Value exceeds the policy's
Benchmark Value, but that will never be less than the Face Amount when the
insured dies. Under either option, a higher death benefit may apply to satisfy
federal income tax law requirements or if the policy's "variable insurance
amount" exceeds certain levels.
Variable life insurance is not a short term investment. A prospective purchaser
should evaluate the need for life insurance and the policy's long term
investment potential before buying a policy. In addition, it may not be
advantageous to replace existing life insurance coverage by purchasing a Park
Avenue Life policy, particularly if the decision to replace existing coverage is
based solely on a comparison of policy illustrations. For federal income tax
purposes, this policy may be treated as a modified endowment contract under
circumstances described in this prospectus. The policy may be examined and
returned for a full refund for a limited period after the initial Policy Premium
payment has been paid.
This prospectus sets forth information that a prospective purchaser should know
about Park Avenue Life before investing, and should be retained for future
reference. This prospectus is not valid unless it is accompanied by the current
prospectuses for The Guardian Stock Fund, The Guardian Bond Fund, The Guardian
Cash Fund, the Baillie Gifford International Fund series of GBG Funds, Inc.,
Value Line Strategic Asset Management Trust and Value Line Centurion Fund.
THESE SECURITIES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE SECURITIES AND
EXCHANGE COMMISSION OR ANY STATE SECURITIES COMMISSION NOR HAS THE COMMISSION OR
ANY STATE SECURITIES COMMISSION PASSED UPON THE ACCURACY OR ADEQUACY OF THIS
PROSPECTUS. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.
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TABLE OF CONTENTS
DEFINITIONS................................................................ 4
SUMMARY.................................................................... 6
PARK AVENUE LIFE POLICY DIAGRAM............................................ 11
THE PARK AVENUE LIFE POLICY................................................ 12
Insureds............................................................. 12
Premiums............................................................. 12
Policy Premiums................................................ 12
Basic Scheduled Premiums....................................... 12
Unscheduled Payments........................................... 12
Premium Skip Option............................................ 13
Automatic Premium Loan......................................... 14
Allocation of Net Premiums..................................... 14
Crediting Payments............................................. 15
Backdating..................................................... 15
Default........................................................ 15
Grace Period................................................... 15
Reinstatement.................................................. 15
Deductions and Charges............................................... 16
Deductions From Policy Premiums and Unscheduled Payments....... 16
Monthly Deductions From the Policy Account Value.............. 17
Transaction Deductions From the Policy Account Value........... 18
Deductions From the Separate Account........................... 19
Deductions From the Mutual Funds............................... 19
Policy Values and Benefits........................................... 19
Death Benefit Options.......................................... 19
Policy Values.................................................. 20
Amounts In the Separate Account................................ 21
Net Investment Factor.......................................... 21
Other Policy Features................................................ 21
Policy Loans................................................... 21
Reducing the Face Amount....................................... 22
Partial Withdrawals............................................ 23
Surrender...................................................... 23
Transfers...................................................... 24
Transfers From the Fixed-Rate Option........................... 24
Dollar Cost Averaging Transfer Option.......................... 24
Policy Proceeds................................................ 25
Policy Value Options........................................... 25
Fixed Benefit Insurance During the First 24 Months............. 27
Payment Options................................................ 27
Tax Effects.......................................................... 28
Treatment of Policy Proceeds................................... 28
Exchanges...................................................... 29
Diversification................................................ 29
Policy Changes................................................. 29
Tax Changes.................................................... 29
Estate and Generation Skipping Transfer Taxes.................. 30
Legal Considerations for Employers............................. 30
Other Tax Consequences......................................... 30
GIAC's Taxes................................................... 30
Income Tax Withholding......................................... 30
2
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THE VARIABLE INVESTMENT OPTIONS............................................ 31
The Separate Account................................................. 31
The Funds............................................................ 31
Investment Objectives and Policies of the Funds................ 31
Investment Performance of the Funds............................ 31
The Funds' Investment Advisers....................................... 32
Guardian Investor Services Corporation......................... 32
Guardian Baillie Gifford Limited............................... 32
Baillie Gifford Overseas Limited............................... 32
Value Line, Inc................................................ 32
THE FIXED-RATE OPTION...................................................... 33
General Information.................................................. 33
Amounts In the Fixed-Rate Option..................................... 33
VOTING RIGHTS.............................................................. 34
DISTRIBUTION OF THE POLICY AND OTHER CONTRACTUAL ARRANGEMENTS.............. 35
LIMITS TO GIAC'S RIGHT TO CHALLENGE A POLICY............................... 36
Incontestability..................................................... 36
Misstatement of Age or Sex........................................... 36
Suicide Exclusion.................................................... 36
GIAC'S MANAGEMENT.......................................................... 37
OTHER INFORMATION.......................................................... 40
Rights Reserved by GIAC.............................................. 40
Free Look............................................................ 40
Policyowner and Beneficiary.......................................... 40
Assignment........................................................... 41
Communications From GIAC............................................. 41
Communications With GIAC............................................. 41
Advertising Practices................................................ 41
Legal Proceedings.................................................... 41
Legal Matters........................................................ 41
Registration Statement............................................... 41
Financial and Actuarial Experts...................................... 42
FINANCIAL STATEMENTS OF THE GUARDIAN SEPARATE ACCOUNT K.................... 43
FINANCIAL STATEMENTS OF THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC...... 49
APPENDIX A: POLICY ILLUSTRATIONS........................................... A-1
APPENDIX B: INVESTMENT EXPERIENCE INFORMATION.............................. B-1
APPENDIX C: LONG TERM MARKET TRENDS........................................ C-1
APPENDIX D: USES OF LIFE INSURANCE......................................... D-1
APPENDIX E: ADDITIONAL BENEFITS BY RIDER................................... E-1
THE PARK AVENUE LIFE POLICY MAY NOT BE AVAILABLE IN ALL STATES OR JURISDICTIONS.
THIS PROSPECTUS DOES NOT CONSTITUTE AN OFFERING IN ANY STATE OR JURISDICTION IN
WHICH SUCH OFFERING MAY NOT LAWFULLY BE MADE. GIAC DOES NOT AUTHORIZE ANY
INFORMATION OR REPRESENTATIONS REGARDING THE OFFERING DESCRIBED IN THIS
PROSPECTUS OTHER THAN AS CONTAINED IN THIS PROSPECTUS OR ANY ATTACHED SUPPLEMENT
THERETO OR IN ANY SUPPLEMENTAL SALES MATERIAL AUTHORIZED BY GIAC.
3
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DEFINITIONS
Important terms used in this prospectus are defined below. Defined terms appear
in this prospectus with initial upper case letters.
Age: The insured's age on his or her birthday nearest the Policy Date.
Attained Age: The insured's Age plus the number of policy years completed since
the Policy Date.
Basic Scheduled Premium: The premium amount set forth in a policy which must be
paid to obtain the benefits provided by the policy exclusive of additional
benefit riders. Rating charges may be added to the Basic Scheduled Premium when
the insured does not satisfy GIAC's underwriting requirements for standard
insurance.
Benchmark Value: A hypothetical account value which GIAC compares to the actual
Policy Account Value to determine whether and to what extent certain policy
privileges can be exercised, and to redetermine the Basic Scheduled Premium in
policy years after the Guaranteed Premium Period. A Benchmark Value for each
Policy Anniversary is set forth in the policy. After the Guaranteed Premium
Period, the Benchmark Value is equal to the amount which, along with the
payment, when due, of Basic Scheduled Premiums through the Policy Anniversary
nearest the insured's 100th birthday, would cause the Policy Account Value to at
least equal the Face Amount on the Policy Anniversary nearest the insured's
100th birthday, if (i) the policyowner paid all such Basic Scheduled Premiums,
(ii) no unscheduled payments were made and no loans or withdrawals were taken,
(iii) the policy's current cost of insurance charges and maximum other charges
and deductions were assessed and (iv) the Policy Account Value earned a 4% net
return throughout the life of the policy. During the Guaranteed Premium Period,
the Benchmark Value is subject to a minimum amount which is calculated pursuant
to the methodology described in the previous sentence adjusted as follows: (i)
premium payments are equal to the maximum Basic Scheduled Premium payments
permitted under the policy and (ii) the policy's maximum cost of insurance
charges are assessed. The Benchmark Value on any day during a policy year is
based on the Benchmark Values for the immediately preceding and immediately
succeeding Policy Anniversaries, adjusted for the number of days to such
Anniversaries from the given day. GIAC does not guarantee that the Policy
Account Value will equal or exceed the Benchmark Values set forth in a policy.
Cash Surrender Value: The Policy Account Value minus any surrender charges.
Executive Office: GIAC's office at 201 Park Avenue South, Mail Station 215-B,
New York, New York 10003.
Face Amount or Guaranteed Insurance Amount: The guaranteed minimum amount of
death proceeds provided by a Park Avenue Life policy until the Policy
Anniversary nearest the insured's 100th birthday if Policy Premiums are paid
when due, no partial withdrawals are made and there is no Policy Debt. The
policyowner can reduce the Face Amount directly by request or indirectly through
partial withdrawal(s). The minimum initial Face Amount for a policy is currently
$100,000.
Guaranteed Premium Period: The period during which the Basic Scheduled Premium
specified in a policy is guaranteed to remain level and unchanged. The
Guaranteed Premium Period begins on the Policy Date and ends on the later of the
Policy Anniversary nearest the insured's 70th birthday or the 10th Policy
Anniversary. If the Face Amount is reduced during the Guaranteed Premium Period,
the amount of the level Basic Scheduled Premium to be paid through the remainder
of the Guaranteed Premium Period will be reduced.
Internal Revenue Code: The Internal Revenue Code of 1986, as amended, and its
related rules and regulations.
Issue Date: The date the policy is issued at the Executive Office.
Loan Collateral Account: An account within GIAC's general account to which
values from the Variable Investment Options and the fixed-rate option are
transferred when the policyowner takes a policy loan.
Monthly Date: The same date of each calendar month as the Policy Date, or the
last date of a calendar month, if earlier.
Monthly Deductions: Deductions from the Policy Account Value attributable to the
Variable Investment Options and the fixed-rate option which are processed on
each Monthly Date to pay the policy charge, administration charge, cost of
insurance charge and guaranteed insurance amount charge.
Net Amount at Risk: The amount of death benefit provided under the death benefit
option then in force minus the Policy Account Value.
Net Cash Surrender Value: The amount payable upon the surrender of a policy. The
Net Cash Surrender Value on any date is the Cash Surrender Value as reduced by
any Policy Debt and increased by any amounts already paid as Policy Premium
Assessments for periods beyond the next Monthly Date.
Net Premium: The portion of a Basic Scheduled Premium or an unscheduled payment
which is allocated among the Variable Investment Options and the fixed-rate
option according to instructions provided by the policyowner.
Policy Account Value: The sum of the values attributable to a policy which are
allocated to the Variable Investment Options, the fixed-rate option and the Loan
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Collateral Account.
Policy Anniversary: The annual anniversary measured from the Policy Date.
Policy Date: The date set forth in the policy that is used to measure policy
months and policy years. Policy Anniversaries and Monthly Dates are measured
from the Policy Date.
Policy Debt: All outstanding and unpaid policy loans plus accrued and unpaid
loan interest.
Policy Premium: The amount payable for coverage provided under the entire
contract, including any additional benefit riders elected by the policyowner. A
Policy Premium equals the Basic Scheduled Premium plus any applicable Policy
Premium Assessments.
Policy Premium Assessments: (1) Rating charges which are added to the Basic
Scheduled Premium when the insured does not satisfy GIAC's underwriting
requirements for standard insurance; and/or (2) premiums payable for any
additional benefits provided by riders to a policy.
Policy Review Date: The Monthly Date immediately preceding each Policy
Anniversary.
Unloaned Policy Account Value: The Policy Account Value minus any Policy Debt.
Valuation Date: Each date on which the New York Stock Exchange ("NYSE") is open
for trading and GIAC is open for business. Valuations for any date other than a
Valuation Date will be determined on the next Valuation Date.
Valuation Period: The period between two successive Valuation Dates, commencing
after 4:00 p.m. New York City time on each Valuation Date and ending at 4:00
p.m. New York City time on the next succeeding Valuation Date.
Variable Investment Options: The six investment divisions of the Separate
Account which correspond to the mutual funds in which the Separate Account
invests.
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SUMMARY
The following summary is qualified in its entirety by: (1) the terms of the Park
Avenue Life policy issued to the policyowner, exclusive of any riders; (2) the
more detailed information appearing elsewhere in this prospectus; and (3) the
accompanying prospectuses for the mutual funds in which the Separate Account
invests.
How does variable life insurance differ from conventional, fixed benefit whole
life insurance?
Like conventional, fixed benefit whole life insurance, variable life insurance
provides two important benefits: (1) an income tax-free death benefit and (2) a
cash value that can grow tax-deferred. What sets variable life insurance apart
from conventional whole life insurance is that the owner of a variable life
insurance policy can direct premiums and cash values to investment options that
provide variable, rather than fixed, returns. If investment results are
sufficiently favorable, the policyowner can experience an increase in a variable
life insurance policy's cash value and, in certain cases, the amount of the
death benefit. However, the variable life insurance policyowner also bears the
risk of investment losses and no cash value is guaranteed. In contrast, a
conventional whole life insurance policy generally provides cash values that are
fixed and guaranteed by the issuing insurance company when the policy is issued.
How does Park Avenue Life differ from universal life insurance policies?
A universal life insurance policy typically allows the policyowner to select and
change the death benefit option that applies to his or her policy, increase or
decrease the face amount of insurance provided by the policy, and choose the
amount and frequency of premium payments with reference to "target premiums."
This flexibility permits a policyowner to provide for changing insurance needs
within a single policy. However, there are risks that a universal life insurance
policy will lapse without cash value, because even the recommended target
premiums may be insufficient to support the policy's face amount and other
benefits when investment experience is unfavorable. This risk increases if the
policyowner chooses not to pay the target premiums according to the recommended
schedule.
Park Avenue Life offers many of the features available under universal life
insurance policies. Policyowners may select and, within limits, change the death
benefit option, reduce the Face Amount, make unscheduled payments or skip annual
Policy Premiums. However, unlike universal life insurance policies, Park Avenue
Life is guaranteed by GIAC to remain in force, regardless of investment
performance, if required Policy Premiums are paid when due and Policy Debt does
not exceed the Cash Surrender Value. See "Premiums" and "Policy Loans."
Who issues Park Avenue Life?
The policy is issued through the Separate Account by The Guardian Insurance &
Annuity Company, Inc. ("GIAC"). GIAC is wholly owned by The Guardian Life
Insurance Company of America ("Guardian Life"). GIAC is a Delaware stock
insurance company. It was organized in 1970 and is licensed to sell life
insurance and annuities in all 50 states of the United States and the District
of Columbia. As of December 31, 1995, GIAC had total assets of approximately
$5.0 billion. Guardian Life is a New York mutual insurance company. Both GIAC
and Guardian Life are located at 201 Park Avenue South, New York, New York
10003. Written communications about Park Avenue Life should be directed to Mail
Station 215-B at that address.
As of March 31, 1996, GIAC and its parent, Guardian Life, are two of only six
U.S. insurance companies that have received the highest ratings assigned to
insurers by Moody's Investors Service, Inc., Standard & Poor's Corporation, Duff
& Phelps and A.M. Best. These ratings may change at any time, and only reflect
GIAC's ability to satisfy its insurance-related obligations and meet its
guarantee of the policy's fixed-rate option. These ratings do not apply to Park
Avenue Life's Variable Investment Options, which are subject to the risks of
investing in securities. Guardian Life is not the issuer of Park Avenue Life
policies and does not guarantee the benefits provided therein.
Who can buy a Park Avenue Life Policy?
GIAC will issue a policy to a purchaser who resides in a state or jurisdiction
where the policy may be offered to insure the life of anyone Age 80 or under who
meets GIAC's underwriting requirements. Owners of certain fixed-benefit life
insurance policies issued by GIAC or its parent, Guardian Life, may be able to
purchase Park Avenue Life, without evidence of insurability, by exchanging their
present policies. Interested policyowners should consult their legal and tax
advisers about the consequences of exchanging their existing policies for a Park
Avenue Life policy. See "Deductions and Charges" and "Tax Effects."
How are premiums set and when are they to due?
The policy specifies a Basic Scheduled Premium that is payable each policy year
for life insurance coverage. The amount of a Basic Scheduled Premium depends on:
(1) the Face Amount of insurance; and (2) the insured's Age, sex and premium
class.
The Basic Scheduled Premium remains level during the Guaranteed Premium Period,
though it will be reduced to a lower level amount if the policy's Face Amount is
reduced. After the Guaranteed Premium Period, GIAC will annually review the
Basic Scheduled Premium to determine if the amount payable for a policy year
should
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be changed. If changed, the Basic Scheduled Premium will never be greater
than the maximum Basic Scheduled Premium set forth in the policy. Nor, unless
the Face Amount is reduced, will it be lower than the Basic Scheduled Premium
set forth in the policy for the Guaranteed Premium Period.
If the insured does not satisfy GIAC's underwriting requirements for standard
insurance, rating charges are added to the Basic Scheduled Premium. If the
policyowner acquires additional insurance benefits by purchasing one or more of
the available riders to the policy, rider premiums are also added to the Basic
Scheduled Premium to set the "Policy Premium" amount. Rating charges and rider
premiums are collectively called "Policy Premium Assessments." Policy Premium
Assessment amounts are not allocated to the Variable Investment Options or the
fixed-rate option under the policy.
After the first Policy Premium has been paid, all Policy Premiums are payable
annually, though they may, at the policyowner's request, be paid semi-annually,
quarterly or at another frequency that is agreeable to GIAC. Unscheduled
payments are permitted within limits. See "Premiums."
After the first policy year and under the circumstances described under "Premium
Skip Option," a policyowner who has elected this privilege may "skip" paying one
or more annual Policy Premiums without causing the policy to lapse or reducing
its Face Amount. Policyowners may also elect to pay Policy Premiums by using
Park Avenue Life's Automatic Premium Loan feature. Skipping Policy Premiums or
paying them through Automatic Premium Loans can have a permanent and possibly
adverse effect on Policy Account Value.
What charges are assessed in connection with the policy?
All of the charges, fees and deductions that a policyowner may pay directly or
indirectly under a Park Avenue Life policy are summarized below and described
more fully under "Deductions and Charges."
Deductions From Policy Premiums and Unscheduled Payments
Policy Premium Assessments
These are the rating charges and rider premiums described under "Premiums."
Policy Premium Assessments are added to the Basic Scheduled Premium to set the
Policy Premium to be paid for insurance coverage under the policy and any
additional benefit rider(s).
Premium Tax Charge
This charge is currently 2.5% of each Basic Scheduled Premium and unscheduled
payment paid under a policy, and relates to premium taxes which GIAC pays in the
states and jurisdictions where Park Avenue Life policies may be sold.
Deferred Acquisition Cost ("DAC") Tax Charge
This charge is currently 1% of each Basic Scheduled Premium and unscheduled
payment paid under a policy, and relates to federal income taxes that GIAC pays.
Premium Sales Charge
This charge is initially equal to 6% of each Basic Scheduled Premium and each
unscheduled payment after deduction of any handling fee (see below). The premium
sales charge is reduced to 3% after an amount equal to 12 annual Basic Scheduled
Premiums has been paid under a policy through Basic Scheduled Premiums and
unscheduled payments.
Handling Fee
GIAC reserves the right to charge a maximum handling fee of $2.00 for each
unscheduled payment it receives. If charged, this fee would be deducted from
each unscheduled payment before the premium sales charge is calculated. GIAC
does not impose this fee now.
Deductions From the Policy Account Value
Charges which are deducted from the Policy Account Value as of the Policy Date
and on each Monthly Date are called "Monthly Deductions." Amounts that are
deducted from the Policy Account Value if certain events occur are called
"Transaction Deductions." Monthly Deductions end on the Policy Anniversary
nearest the insured's 100th birthday.
Monthly Deductions:
Policy Charge
For the first three policy years, this charge is $10 per month. Thereafter, this
charge is currently $4 per month, and is guaranteed never to exceed $8 per
month.
Administration Charge
For the first 12 policy years, this level charge per $1,000 of Face Amount is
based on the insured's Age. The highest possible administration charge during
this period is $0.04 per $1,000 of Face Amount. After the 12th policy year, the
monthly administration charge is $0.015 per $1,000 of Face Amount for all
policies that have been in force for 12 policy years.
Guaranteed Insurance Amount Charge
This level charge is $0.01 per $1,000 of Face Amount for all policies.
Charge For The Cost Of Insurance
This charge is based upon GIAC's current cost of insurance rates for the
insured's Attained Age, sex and premium class. The maximum cost of insurance
rates that GIAC may charge per $1,000 of Net Amount at Risk are set forth in the
policy.
Transaction Deductions:
Surrender Charges
During the first 12 policy years, GIAC assesses surrender charges consisting of
(1) a deferred administrative charge
7
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and (2) a deferred sales charge. GIAC assesses these surrender charges when the
policy lapses or is surrendered, or if the Face Amount is reduced by request or
as the result of a partial withdrawal. The amount of the surrender charges
depends upon the policy year in which the event occurs and generally declines
over time. A policyowner will pay the highest surrender charges that can apply
to his or her policy if the policy is surrendered in policy year 3. During the
first two policy years, certain SEC restrictions on sales loads effectively
limit the amount of surrender charges that are actually paid if the policy is
surrendered or lapses.
The deferred administrative charge will never be higher than $4.80 per $1,000 of
Face Amount, and the deferred sales charge will never be higher than 36% of one
annual Basic Scheduled Premium. The deferred sales charge is payable in addition
to the premium sales charge described above.
Partial Withdrawal Charge
GIAC charges an administrative fee equal to the lesser of $25 or 2% of the
requested partial withdrawal amount in connection with each partial withdrawal.
The partial withdrawal charge is payable in addition to any surrender charges
that may apply. See above.
Premium Skip Option Deduction
GIAC deducts amounts needed to pay any Policy Premium Assessments if a
policyowner exercises Park Avenue Life's Premium Skip Option.
Transfer Charge
GIAC reserves the right to charge $25 for each transfer after the fourth
transfer in a policy year. GIAC does not impose this charge now.
Deductions From the Separate Account
Mortality And Expense Risk Charge
GIAC currently assesses a daily charge at an annual rate of 0.60% of the
Separate Account's assets for the mortality and expense risks it assumes for
Park Avenue Life policies. This charge is guaranteed never to exceed an annual
rate of 0.90% of the Separate Account's assets.
Income Tax Charge
GIAC has reserved the right to charge the Separate Account to cover its federal,
state or local income taxes that are attributable to the Separate Account or the
policies. GIAC does not impose this charge now.
Deductions From the Mutual Funds
Advisory Fees And Operational Expenses
Charges for investment advisory fees and operational expenses are deducted daily
from the assets of the mutual funds in which the Separate Account invests. As a
result, policyowners bear these fees and expenses indirectly. These fees and
expenses are described in more detail in the prospectuses for the mutual funds
that accompany this prospectus.
What is the difference between "guaranteed or maximum charges" and "current
charges"?
Certain charges made under a policy (for example, the cost of insurance charge)
can increase under certain circumstances. A guaranteed or maximum charge is the
highest amount that GIAC is entitled to charge for a particular item. A current
charge is the lower amount that GIAC is now charging for the same item.
Generally, GIAC intends to assess current charges for the indefinite future.
However, GIAC reserves the right to increase each current charge up to the
guaranteed charge when permissible under the policy. GIAC will provide notice of
any such increases if required by law. See "Deductions and Charges."
What Variable Investment Options are offered under Park Avenue Life?
Park Avenue Life offers six Variable Investment Options that provide variable
returns. The six Variable Investment Options are provided through the Separate
Account, which is a separate investment account of GIAC. The Separate Account
presently has six investment divisions, each of which invests solely in the
shares of a corresponding mutual fund or series of a mutual fund. They are: The
Guardian Stock Fund, The Guardian Bond Fund, The Guardian Cash Fund, the Baillie
Gifford International Fund series of GBG Funds, Inc., Value Line Strategic Asset
Management Trust and Value Line Centurion Fund. There is no minimum guaranteed
Policy Account Value for amounts held in the Variable Investment Options.
Prospectuses for the mutual funds, which describe their respective investment
objectives, risks, and all of their fees and expenses, accompany this
prospectus. Those prospectuses should be read carefully before Policy Account
Values are allocated or transferred to or from the Variable Investment Options.
Summary information about the investment objectives of these mutual funds
and the risks and potential rewards of investing in securities appears in "The
Variable Investment Options" and Appendix C. The Separate Account and the mutual
funds are registered with the Securities and Exchange Commission ("SEC") as
investment companies under the Investment Company Act of 1940 (the "1940 Act").
What is the Fixed-Rate Option?
The fixed-rate option is the seventh allocation choice offered under Park Avenue
Life. Amounts allocated or transferred to the fixed-rate option are credited
with a fixed rate of interest that is guaranteed from the date of allocation or
transfer until the next succeeding Policy Anniversary. On each Policy
Anniversary, the entire Policy Account Value that is then attributable to the
fixed-rate option (including earned interest) is aggregated to be
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credited with the interest rate in effect on that Policy Anniversary. Such rate
will remain in effect for these monies until the next Policy Anniversary. The
minimum guaranteed annual interest rate provided by the fixed-rate option is 4%.
Amounts attributable to the fixed-rate option are held in GIAC's general
account. See "The Fixed-Rate Option."
Is it possible to change how the Policy Account Value is invested under a Park
Avenue Life policy?
Yes. Presently, a policyowner may transfer all or part of the Unloaned Policy
Account Value among the Variable Investment Options and into the fixed-rate
option at any time without charge. And, there is currently no limit on the
number of options to which Policy Account Values may be allocated or
transferred. Special limits do apply, however, to transfers out of the
fixed-rate option. See "Transfers From The Fixed-Rate Option."
What insurance benefits are available under a Park Avenue Life policy?
A prospective policyowner can obtain death benefits and optional rider benefits
through a Park Avenue Life policy.
Death Benefits
GIAC will pay a policy's death proceeds to the beneficiary upon its receipt of
due proof that the insured died while the policy was in force. The policy
provides two death benefit options both of which provide insurance coverage
until the Policy Anniversary nearest the insured's 100th birthday:
Option 1 provides a death benefit that at least equals the policy's Face
Amount when the insured dies; and
Option 2 provides a variable death benefit that is greater than the Face
Amount when the Policy Account Value exceeds the policy's Benchmark Value,
but which will never be less than the Face Amount when the insured dies.
Option 1 is the automatic option if the policyowner does not select an option.
A higher death benefit may apply under either option to satisfy federal income
tax law requirements or if the policy's variable insurance amount exceeds
certain levels. The policy's variable insurance amount is described under "Death
Benefit Options."
After the first Policy Anniversary, the policyowner can change death benefit
options once each policy year if the insured is then living. Evidence of
insurability is required when the requested change is from Option 1 to Option 2.
See "Death Benefit Options."
Rider Benefits
Additional benefits can be provided by riders to the policy, subject to GIAC's
underwriting and issuance standards. The following additional benefit riders are
currently available, though perhaps not in every state: Waiver of Premium;
Accidental Death Benefit; and Yearly Renewable Term Insurance. Premiums for
additional rider benefits are included in the Policy Premiums charged to a Park
Avenue Life policyowner, but rider premiums are not allocated to the Variable
Investment Options or the fixed-rate option and riders have no cash value. The
riders are briefly described in Appendix E.
What is the amount of death proceeds payable under a Park Avenue Life policy?
The amount of the death proceeds will be based on the benefit provided by the
death benefit option in effect when the insured dies and any insurance proceeds
provided by additional benefit riders. To determine the payable proceeds, GIAC
will deduct any outstanding Policy Debt and, if applicable, any due but unpaid
Policy Premium from the death benefit. If, on the other hand, the policyowner
has paid a Policy Premium to provide coverage after the policy month during
which the insured died, a pro-rata portion of any Policy Premium Assessments
that were included in such premium will be added to the death benefit proceeds.
Death proceeds may be received in a lump sum or under one of the payment options
described in the policy. See "Policy Proceeds" and "Payment Options."
Does a policyowner have access to the monies invested in a Park Avenue Life
policy?
After the first policy year and within limits, the policyowner may: (1) make
partial withdrawals of Net Cash Surrender Value; and/or (2) borrow up to 90% of
the policy's Cash Surrender Value less the amount of any Policy Debt. Interest
at an annual rate of 8% accrues daily against outstanding policy loans. See
"Partial Withdrawals" and "Policy Loans."
Also, a policy may be surrendered at any time for its then Net Cash Surrender
Value. Upon surrender, insurance coverage ends.
See "Deductions and Charges" and "Tax Effects" for information about the
possible impact of these policy transactions on (1) policy benefits and (2) the
amounts invested in a policy.
Are increases in Policy Account Value or the death proceeds taxed under the
income tax provisions of the Internal Revenue Code?
Under current federal tax law, increases in Policy Account Value are not
generally subject to federal income tax unless they are distributed before the
insured dies. Death proceeds are not subject to federal income tax, but may be
subject to federal estate and/or generation skipping transfer taxes. See "Tax
Effects."
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What is the federal income tax treatment of partial withdrawals, surrenders and
policy loans?
Each of these transactions results in a pre-death distribution from the policy.
The federal income tax treatment of the proceeds of a pre-death distribution
depends on whether a policy is treated as a "modified endowment contract" under
the Internal Revenue Code.
If a Park Avenue Life policy is not treated as a modified endowment contract:
(1) Distributions through partial withdrawals or upon surrender will
generally be taxed only if the sum of all such distributions exceeds the
policyowner's "basis" in the policy (i.e., the sum of the Policy Premiums
and unscheduled payments paid minus any amounts previously withdrawn
through tax-free distributions). Amounts received in excess of the
policyowner's basis in the policy will be recognized and taxable as
ordinary income.
(2) Policy loans should be treated as indebtedness, not as taxable
distributions, so long as the policy remains in force. Generally, policy
loan interest payments are not tax deductible by the policyowner. There may
be adverse tax consequences if a policy lapses with Policy Debt
outstanding.
If a Park Avenue Life policy is treated as a modified endowment contract:
All pre-death distributions, including policy loans, will be taxed first as
ordinary income, to the extent of gain in the policy, and then treated as a
return of the basis in the policy. With few exceptions, a 10% penalty tax will
also apply to the taxable portion of a distribution from a modified endowment
contract.
Under the circumstances which are summarized under "Tax Effects," a policy could
become or be treated as a modified endowment contract. A legal or tax adviser
should be consulted before taking actions that could cause a policy to become or
be treated as a modified endowment contract. Neither GIAC nor its agents are
authorized to provide this type of advice to policyowners.
When would a policy lapse?
A policy can lapse if a required Policy Premium or loan repayment remains unpaid
31 days after its due date. A Policy Premium must be paid in cash when due,
unless the policyowner has elected and is eligible for the policy's Premium Skip
Option or Automatic Premium Loan feature. See "Premium Skip Option" and
"Automatic Premium Loan." GIAC will notify the policyowner that a loan repayment
is required when the Policy Debt exceeds the policy's Cash Surrender Value.
GIAC will provide the policyowner with notice of an impending policy lapse, and
will maintain the policy in force if the amount specified in the notice is
received on a timely basis at the Executive Office. See "Grace Period." Upon
lapse, insurance coverage can be continued for a limited period or in a reduced
amount under a policy value option. See "Policy Value Options." A lapsed policy
that has not been surrendered for cash may be eligible for reinstatement for up
to five years. See "Reinstatement."
Can a policy be exchanged for a fixed benefit life insurance policy?
A policyowner has the right to exchange a Park Avenue Life policy for a fixed
benefit whole life insurance policy on the life of the insured that is issued by
GIAC or one of its affiliates, without evidence of insurability, within 24
months of the Issue Date.See "Fixed-Benefit Insurance During the First 24
Months."
In addition, while the policy is in force, a policyowner can transfer the entire
Policy Account Value attributable to the Variable Investment Options to the
fixed-rate option, and provide for the allocation of all Net Premiums to the
fixed-rate option. If such actions are taken, a Park Avenue Life policy would
operate like a fixed-benefit life insurance policy. And, if the policyowner's
financial needs or goals or investment risk tolerance change again, he or she
retains the flexibility to reallocate Net Premiums to the Variable Investment
Options, and/or transfer out of the fixed-rate option. Special limits do apply,
however, to transfers out of the fixed-rate option.
Can the policy be cancelled after the Issue Date?
A policyowner may cancel a policy by returning the policy and a written
cancellation notice to GIAC's Executive Office or the agent from whom such
policy was purchased by the latest of: 10 days after receiving the policy; or 45
days from the date Part 1 of the completed application for the policy was
signed; or 10 days after GIAC mails to the policyowner a Notice of Withdrawal
Right, measured from the postmark on such Notice. GIAC will promptly refund all
Policy Premiums and unscheduled payments submitted before cancellation. Longer
periods may apply in certain states. A policy that is returned for cancellation
will be void from the beginning.
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Park Avenue Life Policy Diagram*
[Flow chart illustration of how the Park Avenue Life policy works.]
* This diagram excludes the Unscheduled Payment Handling Fee and Transfer
Charge. Neither of these charges are being imposed presently. Repayments of
Policy Debt are also no reflected in the diagram.
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THE PARK AVENUE LIFE POLICY
This section of the prospectus provides an overview of the policy's provisions
exclusive of any riders. Since GIAC is subject to the insurance laws and
regulations of every jurisdiction in which Park Avenue Life is sold, some of the
policy's terms may vary from jurisdiction to jurisdiction. Specific variations
to a policy will be set forth in the policy issued to the policyowner.
INSUREDS
GIAC will issue a policy with an initial Face Amount of at least $100,000 to
anyone who resides in a state or jurisdiction where the policy may be offered.
The policy can be issued to insure the life of anyone Age 80 or under. The
insured and the policyowner may be the same person or different individuals.
GIAC requires satisfactory evidence of insurability before it will issue or
reinstate a policy. Owners of certain fixed-benefit life insurance policies
issued by GIAC or its parent, Guardian Life, may be able to purchase Park Avenue
Life, without evidence of insurability, by exchanging their present policies.
Interested policyowners should consult their legal and tax advisers about the
consequences of exchanging their existing policies for Park Avenue Life.
See "Deductions and Charges" and "Tax Effects."
PREMIUMS
Policy Premiums
Policy Premiums are payable during the insured's lifetime or until the Policy
Anniversary nearest the insured's 100th birthday. If such premiums are paid when
due, the policy will not lapse and the death proceeds will be at least equal to
the Face Amount set forth in the policy until the Policy Anniversary nearest the
insured's 100th birthday, so long as no partial withdrawals are made and there
is no Policy Debt outstanding. Policy Premiums must be received at GIAC's
Executive Office.
The annual Policy Premium amount includes rating charges if the insured does not
satisfy GIAC's underwriting requirements for standard insurance, as well as
premiums for insurance benefits that the policyowner can add by riders to the
policy. Any rating charges are set forth in the policy. Rider premiums are also
stated in the policy. Rating charges and rider premiums are called "Policy
Premium Assessments" in this prospectus.
Policy Premiums may be paid annually or periodically (i.e., semi-annually,
quarterly or at any other frequency that is acceptable to GIAC). Each "periodic"
premium payment must be at least $100. GIAC determines the amount of each
periodic Policy Premium by multiplying the annual Policy Premium by a specific
percentage factor. The sum of the periodic Policy Premiums paid for a policy
year will be higher than one annual Policy Premium. For semi-annual periodic
Policy Premiums, where the factor is .515, the sum of the periodic Policy
Premiums is 3% higher than one annual Policy Premium. For quarterly periodic
Policy Premiums, where the factor is .26265, the sum of the periodic Policy
Premiums is 5.06% higher than one annual Policy Premium. The Policy Account
Value can be influenced favorably or unfavorably by paying Policy Premiums on a
periodic basis. GIAC will change the payment frequency mode for a policyowner if
it receives a proper written request at its Executive Office. Unless the request
is received sufficiently before the next premium due date, GIAC will be unable
to change the frequency mode until the premium cycle that follows such premium
due date.
Basic Scheduled Premiums
The Basic Scheduled Premium is the Policy Premium minus any Policy Premium
Assessments. The policy sets forth the level Basic Scheduled Premium that is
payable for each policy year during the Guaranteed Premium Period, as well as
the maximum Basic Scheduled Premium that may be charged for any policy year
after the Guaranteed Premium Period ends.
The Guaranteed Premium Period starts on the Policy Date and ends on the later of
the Policy Anniversary nearest the insured's 70th birthday or the 10th Policy
Anniversary. GIAC cannot increase the Basic Scheduled Premium during the
Guaranteed Premium Period. However, GIAC will reduce such premium if the
policy's Face Amount is reduced during the Guaranteed Premium Period. New policy
pages that set forth the lowered level Basic Scheduled Premium will be sent to
the policyowner when the Face Amount is reduced.
See "Reducing the Face Amount."
On the Policy Review Date immediately preceding the end of the Guaranteed
Premium Period and on each Policy Review Date thereafter, GIAC redetermines the
amount of Basic Scheduled Premium payable for the next policy year by comparing
the Policy Account Value on such date to the Benchmark Value as adjusted to that
date. If the Benchmark Value is higher, the amount of Basic Scheduled Premium
due can be increased up to the maximum Basic Scheduled Premium set forth in the
policy. If, on the other hand, the Policy Account Value is higher, the Basic
Scheduled Premium due for the next policy year could be reduced to an amount
that is as low as the Basic Scheduled Premium payable during the Guaranteed
Premium Period. GIAC will notify the policyowner of any change in the Basic
Scheduled Premium in premium billing notices.
Unscheduled Payments
A policyowner may choose to make unscheduled payments in addition to the Policy
Premium payable for each policy year. Unscheduled payments can help build Policy
Account Value and perhaps increase an Option 2 death benefit.
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There is a $100 minimum for each unscheduled payment unless an unscheduled
payment accompanies a Policy Premium payment. No unscheduled payments are
permitted while Policy Premiums are waived under a waiver of premium rider, or
while a policy value option is in effect, or from and after the Policy
Anniversary nearest the insured's 100th birthday. GIAC reserves the right to
refuse to accept an unscheduled payment from a policyowner who, after the first
policy year, has not made an unscheduled payment for three consecutive policy
years. GIAC also reserves the right to deduct a maximum handling fee of $2.00
from each unscheduled payment before deducting certain other charges and
crediting the resulting Net Premium under the policy. See "Policy Value
Options," "Deductions and Charges" and "Crediting Payments."
After the expiration of the "free-look" period described in "Other Information
- -- Free Look", GIAC restricts the amount of total unscheduled payments that may
be submitted in a policy year to the lesser of $1,000,000, or:
- in policy year 1, the annual Basic Scheduled Premium for that year
multiplied by the number set forth below for the insured's Age on the
Policy Date
AGE MULTIPLIER
--- ----------
0-35 17
36-40 16
41-45 15
46-50 14
51-55 13
56-60 12
61-65 11
66-70 10
71 9
72 8
73 7
74 6
75-80 5
- in each of policy years 2 through 5, three times the annual Basic
Scheduled Premium payable in each such year;
- in each of policy years 6 through 10, two times the annual Basic
Scheduled Premium payable in each such year;
- in each policy year thereafter, the annual Basic Scheduled Premium
payable during the Guaranteed Premium Period.
During the "free-look" period, the maximum total unscheduled payment amount is
$100,000.
GIAC will return to the policyowner that portion of any unscheduled payment
which exceeds the then applicable maximum.
Unscheduled payments may cause a policy to be treated as a modified endowment
contract under the Internal Revenue Code. Because a wide variety of
policyowner-directed policy transactions could also cause a policy to be treated
as a modified endowment contract, GIAC cannot assure that a policy will never be
treated as a modified endowment contract. See "Tax Effects."
Premium Skip Option
After the first policy year, the policyowner may "skip" paying the annual Policy
Premium due on a Policy Anniversary if:
o GIAC receives the owner's written election of the Premium Skip Option
by the end of the grace period for the annual Policy Premium that is
to be skipped initially; and
o on the date that each premium skip is effected,
- the Policy Account Value exceeds the Benchmark Value, as adjusted
to such date, by at least the amount of the annual Policy
Premium; and
- the policy's Net Cash Surrender Value then equals or exceeds that
portion of the Policy Premium which pays any Policy Premium
Assessments; and
- Policy Premiums are not then being waived under a waiver of
premium rider.
If the policyowner's written election of this option is received during the
grace period for the annual Policy Premium that is to be skipped initially, the
first premium skip will be effected as of the date that GIAC received such
election. Otherwise, each premium skip will be effected as of the Policy
Anniversary on which an annual Policy Premium would be due. A policyowner who
had been paying periodic Policy Premiums will be placed on the annual mode when
this option is effected, but remains responsible for paying any periodic Policy
Premiums that are due before the option is effected.
While the Premium Skip Option is in effect, GIAC will continue to send the
policyowner annual Policy Premium billing notices. If the criteria for skipping
Policy Premiums continue to be satisfied, the policyowner will not be required
to pay Policy Premiums in response to such notices to keep the policy in force.
In fact, GIAC will treat the receipt of a Policy Premium as a revocation of the
Premium Skip Option (see below).
A policyowner can call 1-800-935-4128 to learn the Policy Account Value and Net
Cash Surrender Value of his or her policy on any day that GIAC is open for
business. GIAC also provides these values and the policy's Benchmark Value as of
the most recent Policy Anniversary on the policyowner's annual policy statement.
See "Communications From GIAC." In addition, Benchmark Values for each Policy
Anniversary are set forth in the policy.
If the values under a policy for which the Premium Skip Option has been elected
fail to satisfy the foregoing minimums as of the date that a premium skip would
be effected, GIAC will notify the policyowner that the policy will lapse if he
or she fails, before the end of the grace
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period, to pay the annual Policy Premium. Upon receipt of this notice, the
policyowner may elect a more frequent periodic Policy Premium payment mode and
pay the lower periodic Policy Premium amount. The policyowner's periodic Policy
Premium election and payment must be received at GIAC's Executive Office.
Alternatively, a policyowner who has elected and is eligible for the policy's
Automatic Premium Loan feature may pay the Policy Premium through such a loan.
See "Automatic Premium Loan" and "Policy Loans."
When a premium skip is effected, GIAC deducts from the Policy Account Value an
amount equal to 90.5% of any Policy Premium Assessments that would be due on the
Policy Anniversary to pay such assessments for the coming policy year. This
amount will be deducted proportionately from the Policy Account Value
attributable to the Variable Investment Options. If some or all of the required
deduction exceeds the Policy Account Value held in the Variable Investment
Options, GIAC will deduct the remainder from the Policy Account Value held in
the fixed-rate option. These deductions reduce the amount invested under a Park
Avenue Life policy and the policy's loan value. GIAC will continue to process
Monthly Deductions as described under "Deductions and Charges." Typically, the
Net Amount at Risk increases when an annual Policy Premium is skipped, which
means that the dollar amount of the monthly cost of insurance charge will also
increase.
A policyowner's election of the Premium Skip Option remains in effect until:
o GIAC receives the policyowner's written revocation notice at the
Executive Office; or
o GIAC receives a payment that is credited as a then due Policy Premium
(see "Crediting Payments"); or
o GIAC receives the policyowner's written request to pay Policy Premiums
periodically rather than annually; or
o A Policy Premium must be paid because the Policy Account Value or Net
Cash Surrender Value on a Policy Anniversary is no longer sufficient
to keep the Premium Skip Option in effect; or
o Premiums are waived under a waiver of premium rider.
A policyowner is not required to "make-up" any Policy Premiums that were skipped
while the Premium Skip Option was effective. A policyowner may re-elect and
re-exercise the Premium Skip Option after cancellation, subject to all of the
conditions described above.
Important Note: a policyowner who uses the Premium Skip Option forgoes the
opportunity to invest an additional amount under the policy through the actual
payment of a Policy Premium.
Automatic Premium Loan
After the first policy year, the policy's "loan value" (as defined under "Policy
Loans") can be used to pay a Policy Premium if the policyowner has elected and
is eligible for Park Avenue Life's Automatic Premium Loan feature. The
policyowner can elect this feature in the application to purchase a policy or at
a later time by written request. GIAC must receive any such written request at
the Executive Office by the end of the grace period for a then due Policy
Premium or it will be unable to effect an Automatic Premium Loan to pay such
Policy Premium. A policyowner never actually receives the proceeds of a loan
effected under Park Avenue Life's Automatic Premium Loan feature. Rather, GIAC
transfers the required amount from the Unloaned Policy Account Value to the Loan
Collateral Account, as explained under "Policy Loans," and uses the loan
proceeds to pay the Policy Premium due.
Loan interest accrues on Automatic Premium Loans from the end of the grace
period, which will be the effective date of the loan. If the policy's loan value
is insufficient to pay an overdue Policy Premium, GIAC will be unable to effect
an Automatic Premium Loan and the policy could lapse. If a policyowner has
elected both the Premium Skip Option and the Automatic Premium Loan feature,
GIAC will, if possible, treat an overdue Policy Premium as a skipped premium
before it effects an Automatic Premium Loan.
GIAC will cancel a policyowner's election of the Automatic Premium Loan feature
upon receipt of the owner's written cancellation request. See "Policy Loans" and
"Tax Effects" for additional information about the treatment of policy loans.
Important Note: a policyowner who uses the Automatic Premium Loan feature
forgoes the opportunity to invest an additional amount under the policy through
the actual payment of a Policy Premium.
Allocation of Net Premiums
A Net Premium is the portion of a Basic Scheduled Premium or unscheduled payment
that is available for allocation among the Variable Investment Options and the
fixed-rate option after the deduction of certain charges described under
"Deductions and Charges." See "Crediting Payments" for information about when
Net Premiums and other payments are credited and allocated under a policy. Upon
allocation, each Net Premium becomes part of the Policy Account Value.
EXAMPLE -- Policy Year 1
Male insured, Age 45
Preferred Premium Class - Nonsmoker
Face Amount $250,000
Basic Scheduled Premium ("BSP").................................... $3,515.00
Premium Tax Charge (2.5% of BSP)................................... 87.88
DAC Tax Charge (1% of BSP)......................................... 35.15
Premium Sales Charge (6% of BSP)................................... 210.90
---------
Net Premium Allocated.............................................. $3,181.07
The policyowner provides his or her initial allocation instructions for Net
Premiums in the policy application.
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All percentage allocations must be in whole numbers equal to or greater than 10.
The total of all percentage allocations must be 100%. The policyowner may change
the allocation instructions at any time. The new allocation instructions will be
effective for Net Premiums that are allocated after GIAC receives the changed
instructions at its Executive Office. Allocation instructions can only be
changed in writing.
The allocation of amounts already held under a policy will not be affected by
changing the allocation instructions for Net Premiums. Policyowners may transfer
such amounts among the Variable Investment Options and the fixed-rate option as
described under "Transfers," "Transfers From the Fixed-Rate Option" and "Dollar
Cost Averaging". GIAC reserves the right to limit the number of options in which
the Policy Account Value may be invested or held. If GIAC exercises this right,
a policyowner's ability to add allocations for Net Premiums or make transfers
may be restricted.
Crediting Payments
The policyowner may provide specific crediting instructions for each payment he
or she submits. If a payment that equals or exceeds a Policy Premium is received
on or during the 31 days preceding a premium due date without specific crediting
instructions, GIAC will use the payment:
o to pay the Policy Premium;
o then, to pay any outstanding Policy Debt; and
o last, to credit an unscheduled payment.
GIAC will use all other unidentified payments:
o to pay any outstanding Policy Debt; and
o then, to credit unscheduled payments.
GIAC normally credits and allocates each payment as of the Valuation Date of
receipt, if it receives the payment before the close of business at its
Executive Office. There are two exceptions to this practice:
o (1) GIAC credits and allocates any payment received prior to the Issue
Date on the Issue Date; and
o (2) GIAC credits and allocates that portion of any payment that is
used to pay a Policy Premium on the premium due date if such payment
is received on or during the 31 days preceding such premium due date.
The close of business is the earlier of 4:00 p.m. New York City time or the
close of trading on the NYSE. See "Allocation of Net Premiums" and "Policy
Loans" for information about how payments are allocated among the Variable
Investment Options and the fixed-rate option.
Backdating
Under certain circumstances, GIAC will permit a policy to be backdated, upon
request, but only to a Policy Date not earlier than six months prior to the date
the application is signed. Backdating may be desirable, for example, so that a
policyowner can purchase a Face Amount for a lower premium based on younger Age
at policy issuance. To backdate a policy, GIAC will require the payment of all
Policy Premiums that would have been due had the application date coincided with
the backdated Policy Date. Also, on the Issue Date, all monthly deductions for
the period from the backdated Policy Date to the Issue Date will be deducted.
Default
If a Policy Premium or loan repayment that GIAC requires to be paid remains
unpaid on its due date, the policy will be in default. Unless the policyowner
has elected and is eligible for Park Avenue Life's Premium Skip Option or
Automatic Premium Loan feature, all Policy Premiums are required when due. The
due date for Policy Premiums paid annually is each Policy Anniversary. Periodic
Policy Premiums are due on the Monthly Dates specified by GIAC for the selected
frequency mode. A loan repayment is required if the Policy Debt exceeds the Cash
Surrender Value of a policy on a Monthly Date. GIAC will notify the policyowner
when a loan repayment is required, and will specify its amount and due date. See
"Premium Skip Option," "Automatic Premium Loan" and "Policy Loans."
Grace Period
The policy provides a 31-day grace period for each Policy Premium (after the
first Policy Premium payment) and for each required loan repayment. Insurance
continues in full force and effect during the grace period, but if the insured
should die during the grace period, the death proceeds payable to the
beneficiary will be reduced by any outstanding Policy Debt and any due and
unpaid Policy Premium for the period through the policy month of death.
If GIAC does not receive payment before the grace period ends and, for Policy
Premiums, neither the Premium Skip Option nor the Automatic Premium Loan feature
are available, the policy will lapse. Upon policy lapse, all insurance coverage
ends as of the end of the grace period, unless a policy value option becomes
effective. See "Policy Value Options" for a description of the types of
insurance coverage available under such options. The policyowner can surrender
the policy for its then Net Cash Surrender Value at any time during the grace
period. In that event, GIAC will pay the Net Cash Surrender Value to the
policyowner in cash and all insurance coverage will cease. See "Surrender."
Reinstatement
A lapsed policy that has not been surrendered for cash may be eligible for
reinstatement for up to five years after the date of default. The insured must
be living when GIAC effects the reinstatement. A written application for
reinstatement, which includes satisfactory evidence of insurability, must be
received at GIAC's Executive Office for approval. In addition, GIAC requires:
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o repayment of any outstanding Policy Debt with 8% interest compounded
yearly; and
o payment of the greater of:
- all overdue Policy Premiums with 6% interest compounded yearly;
or
- 110% of the increase in the Cash Surrender Value that results
from reinstatement, plus any overdue Policy Premium Assessments,
with 6% interest compounded yearly.
A reinstated policy has the same Policy Date, Face Amount and death benefit
option as the policy that lapsed. The policyowner must re-elect the Premium Skip
Option and/or Automatic Premium Loan feature if he or she wants to have these
privileges under the reinstated policy.
DEDUCTIONS AND CHARGES
GIAC deducts the amounts detailed below from: Policy Premiums and unscheduled
payments; the Policy Account Value; and the Separate Account. In addition, the
mutual funds that are offered through the Separate Account's investment
divisions incur advisory fees and other expenses that are reflected in the
prices of their shares each day. Once amounts are deducted under a policy, they
are unavailable for investment in the Variable Investment Options and the
fixed-rate option.
Deductions From Policy Premiums and Unscheduled Payments
Policy Premium Assessments
These are the rating charges and rider premiums that are added to the Basic
Scheduled Premium to set the Policy Premium. GIAC deducts these amounts from
each Policy Premium payment and uses the amounts collected to cover its risks
and meet its costs associated with: (1) providing insurance coverage to higher
risk insureds (rating charges); or (2) providing additional insurance benefits
through policy riders (rider premiums). Policy Premium Assessments can change if
the circumstances that gave rise to rating charges change or if the policyowner
drops the additional benefit riders to his or her policy. Amounts paid through
Policy Premium Assessments are not subject to the premium tax charge, DAC tax
charge or premium sales charge described below. Policy Premium Assessments are
not added to or deducted from unscheduled payments.
Premium Tax Charge
This charge currently equals 2.5% of each Basic Scheduled Premium and each
unscheduled payment. GIAC uses amounts collected from this charge to pay premium
taxes that are assessed against it by the states and jurisdictions where Park
Avenue Life is sold. Premium taxes vary from state to state and range from zero
to 4% currently. GIAC imposes this 2.5% charge regardless of the premium tax
rate in effect in any state. This premium tax charge rate is an approximate
average of the rates that GIAC expects to pay in all states over the lifetimes
of the insureds covered by the policies. Since premium taxes are incurred by
GIAC, they are not deductible by policyowners for federal income tax purposes.
GIAC reserves the right to increase the premium tax charge rate if changes in
the law result in an increase in the average of premium taxes that GIAC pays.
GIAC does not expect to profit from this charge.
Deferred Acquisition Cost ("DAC") Tax Charge
This charge for federal income taxes imposed on GIAC currently equals 1% of each
Basic Scheduled Premium and each unscheduled payment. GIAC believes that the
amount of the charge is reasonable in relation to its increased corporate income
tax liability under Section 848 of the Internal Revenue Code for receipt of
Policy Premiums and unscheduled payments. Like the policy's premium tax charge,
the DAC tax charge is not deductible by policyowners for federal income tax
purposes. GIAC reserves the right to increase the DAC tax charge to reflect any
changes in the tax burden imposed by Section 848 of the Internal Revenue Code or
interpretations thereof. See "GIAC's Taxes."
Premium Sales Charge
This charge is initially equal to 6% of each Basic Scheduled Premium and each
unscheduled payment (after deduction of any handling fees from each unscheduled
payment; see below). On all policies except those issued for insureds at Ages
78, 79 or 80, the premium sales charge is reduced to 3% after the total amount
paid under a policy through Basic Scheduled Premiums and unscheduled payments
equals 12 annual Basic Scheduled Premiums. Because a policyowner may make
unscheduled payments under a Park Avenue Life policy, he or she may pay an
amount equal to 12 annual Basic Scheduled Premiums before 12 policy years have
elapsed. Amounts paid as Policy Premium Assessments are not counted towards the
amount that triggers the reduced premium sales charge and, thus do not affect
when the premium sales charge is reduced. For policies issued for insureds at
Age 78, the reduction of the premium sales charge to 3% occurs after the
aggregate amount paid under a policy through Basic Scheduled Premiums and
unscheduled payments equals 11 Annual Basic Scheduled Premiums. For policies
issued for insureds at Ages 79 and 80, the reduction occurs when 10 times the
annual Basic Scheduled Premium has been so received.
The premium sales charge compensates GIAC for sales and promotional expenses
that it incurs in connection with selling Park Avenue Life policies. Such
expenses include commissions, advertising, and the cost of preparing and
printing sales literature and prospectuses. GIAC also uses amounts collected as
deferred sales charges and may use any profit from certain other charges
deducted under a policy, including the mortality and expense risk charge, to
defray such expenses. See "Deductions From The Separate Account" and
"Transaction Deductions From the Policy Account Value."
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Handling Fee
GIAC reserves the right to charge a maximum handling fee of $2.00 for each
unscheduled payment it receives. If charged, this fee would be deducted from
each unscheduled payment before the premium sales charge is calculated. GIAC
would then use the proceeds to cover the costs of crediting and allocating
unscheduled payments under the policy. GIAC does not impose this fee now. GIAC
does not expect to profit from the handling fee if it is imposed.
Monthly Deductions From The Policy Account Value
As of the Policy Date and on each Monthly Date thereafter, GIAC deducts the
following charges proportionately from the Policy Account Value attributable to
the Variable Investment Options and the fixed-rate option. Monthly Deductions
end on the Policy Anniversary nearest the insured's 100th birthday.
Policy Charge and Administration Charge
For the first three policy years, the policy charge is $10 per month.
Thereafter, this charge is currently $4 per month. GIAC reserves the right to
increase this charge in the fourth and subsequent policy years, but guarantees
that the charge will never exceed $8 per month.
For the first 12 policy years, the administration charge per $1,000 of Face
Amount is based on the insured's Age. The highest monthly administration charge
during this period is $0.04 per $1,000 of Face Amount, which applies to policies
issued for insureds at Ages 35-80 years. The administration charge rates are
lower for younger insureds during the first 12 policy years. After the 12th
policy year, the monthly administration charge is $0.015 per $1,000 of Face
Amount for all policies. The specific monthly dollar amount of this charge is
set forth in each policy.
Initially, these charges compensate GIAC for the cost of underwriting and
issuing a policy. In later policy years, GIAC uses amounts collected through
these charges to defray the ongoing costs of maintaining a policy, such as:
preparing and sending premium billing notices, reports and statements to
policyowners; communications with insurance agents; and other policy-related
overhead costs. GIAC does not expect to profit from these charges.
Guaranteed Insurance Amount Charge
This monthly charge is $0.01 per $1,000 of the Face Amount on the Monthly Date
that it is deducted. GIAC assesses this charge at the same rate for all
policies. Proceeds from the Guaranteed Insurance Amount charge compensate GIAC
for the risk GIAC assumes by guaranteeing that, no matter how unfavorable
investment experience may be, the death proceeds will never be less than the
Face Amount if all required Policy Premiums are paid when due, no partial
withdrawals are taken and there is no Policy Debt. See "Policy Proceeds." The
specific monthly dollar amount of this charge is set forth in each policy.
Charge For The Cost Of Insurance
This monthly charge is based upon GIAC's current monthly cost of insurance rates
for the insured's Attained Age, sex and premium class. The maximum cost of
insurance rate that GIAC may charge per $1,000 of Net Amount at Risk per policy
year is set forth in the policy. The maximum rates are based upon the 1980
Commissioners' Standard Ordinary Mortality Tables published by the National
Association of Insurance Commissioners.
Cost of insurance charges enable GIAC to pay death benefits, particularly in
early policy years when the death benefit will be significantly larger than the
Policy Account Value. GIAC calculates the cost of insurance charge by
multiplying the Net Amount at Risk on a Monthly Date by the applicable monthly
cost of insurance rate, and dividing the result by $1,000. GIAC determines the
Net Amount at Risk on a Monthly Date after it has processed the other Monthly
Deductions for such date.
GIAC's current monthly cost of insurance rates are lower than the guaranteed
maximum rates set forth in the policy. Cost of insurance rates for non-smokers
are lower than the rates for smokers at most Attained Ages. Generally, cost of
insurance rates increase with advancing age.
GIAC may use its discretion to change its current cost of insurance rates,
subject to the guaranteed maximum rates. GIAC will not change its current cost
of insurance rates if the insured's health deteriorates. Rather, GIAC will only
change its rates for all insureds of the same premium class, Attained Age or sex
because it expects: increased mortality among such insureds; higher expenses or
federal income taxes; declining persistency for Park Avenue Life policies; or
lower earnings in its general account. Any changes in the cost of insurance
rates that GIAC chooses to implement will only be effective prospectively and
will apply to all affected Park Avenue Life policies in the same manner.
The dollar amount of the cost of insurance charge deducted from a policy varies
from month to month with changes in the Net Amount at Risk. Generally, reducing
the Net Amount at Risk results in lower cost of insurance charges. Under an
Option 1 policy where the death benefit is the Face Amount, paying Policy
Premiums and making unscheduled payments can reduce the Net Amount at Risk by
increasing the Policy Account Value, assuming favorable or neutral investment
performance. Under an Option 2 policy, at any time when the Policy Account Value
exceeds the Benchmark Value and, as a result, the death benefit can increase
over the Face Amount, paying Policy Premiums or making unscheduled payments will
not affect the Net Amount at Risk.
The Net Amount at Risk increases, for example, when the death benefit for any
policy increases to satisfy Internal Revenue Code requirements or if the
policy's variable insurance amount exceeds certain levels, as discussed under
"Death Benefit Options." Increasing the Net Amount at Risk results in higher
cost of insurance charge deductions.
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Transaction Deductions from the Policy Account Value
GIAC makes transaction deductions only when certain events occur at the
policyowner's direction. Except as explained below, GIAC makes transaction
deductions proportionately from the Policy Account Value attributable to the
Variable Investment Options until exhausted, and then from the fixed-rate
option.
Surrender Charges
During the first 12 policy years, GIAC assesses surrender charges consisting of
(1) a deferred administrative charge and (2) a deferred sales charge. GIAC
assesses these surrender charges when the policy lapses or is surrendered, or if
the Face Amount is reduced by request or through a partial withdrawal. See
"Reducing the Face Amount" and "Partial Withdrawals." The amount of the
surrender charges depends upon the policy year in which the event occurs.
Deferred Administrative Charge. The deferred administrative charge
compensates GIAC for its costs to process applications, conduct
medical examinations, determine insurability and establish records
that will not be recovered over time through monthly policy and
administration charges. The highest deferred administrative charge is
$4.80 per $1,000 of Face Amount, which applies to policies issued for
insureds at Ages 35-80 that are surrendered during the first policy
year. This charge is generally lower for younger insureds and declines
each policy year through the 12th.
Deferred Sales Charge. The deferred sales charge compensates GIAC for
the expenses incurred in connection with the sale of Park Avenue Life
policies that will not be recovered through the premium sales charge.
The deferred sales charge for policies issued for insureds at Age 78
or less is equal to the lesser of:
o 36% of the annual Basic Scheduled Premium payable for the first policy
year minus the sum of:
- 3% of all Basic Scheduled Premiums and unscheduled payments
actually paid up to the date that the deferred sales charge is
incurred; plus
- any deferred sales charges deducted for prior Face Amount
reductions; or
o the percentage of the then payable annual Basic Scheduled Premium
specified in the following chart for the policy year during which the
charge is applied:
Policy Year
1 2 3 4 5 6 7 8 9 10 11 12 13+
- --------------------------------------------------------------
36% 33% 30% 27% 24% 21% 18% 15% 12% 9% 6% 3% 0
The deferred sales charge for policies issued for insureds at Ages 78, 79 or 80
is determined in a similar way, but is lower and declines to zero after 11
policy years for Age 78 and 10 policy years for Ages 79 and 80 because the
initial percentage factor to be used in the calculations is 33% for Age 78 and
30%for Ages 79 and 80, rather than 36%. The deferred administrative charge for
policies issued for such older insureds continues in effect for 12 policy years
(see above).
GIAC pro-rates the surrender charges in connection with a Face Amount reduction
by multiplying the surrender charges determined as described above by the
following fraction to reduce the payable charges:
the amount of the reduction
-----------------------------------------
the Face Amount just before the reduction
The adjusted surrender charges are paid by deductions from the Unloaned Policy
Account Value.
Together, the premium sales charge (see above) and the deferred sales charge
constitute Park Avenue Life's total sales load. The SEC imposes limits on the
total amount of sales load that may be paid if the policy is surrendered or
lapses during the first two policy years. Accordingly, during the first two
policy years, the maximum total sales load that a policyowner would pay is
limited to the sum of 30% of the payments made during the first policy year that
did not exceed one annual Basic Scheduled Premium; plus 10% of the payments made
during the second policy year that did not exceed one annual Basic Scheduled
Premium; plus 9% of all unscheduled payments made during the first two policy
years.
The total sales charge under a Park Avenue Life policy will not exceed an amount
equal to 9% of the Basic Scheduled Premiums payable over the shorter of 20 years
or the insured's anticipated life expectancy. The policyowner may pay an amount
equal to the Basic Scheduled Premiums payable over such period through a
combination of premiums and unscheduled payments, thereby shortening the period
over which the amount is paid.
Partial Withdrawal Charge
To recover its processing costs, GIAC charges the lesser of $25 or 2% of the
requested withdrawal amount in connection with each partial withdrawal. This
charge is in addition to the surrender charges which are assessed when partial
withdrawals during the first 12 policy years result in Face Amount reductions.
See "Partial Withdrawals." The requested withdrawal amount is not reduced to pay
surrender and partial withdrawal charges. Instead, such charges are separately
(and additionally) deducted from the Unloaned Policy Account Value.
Premium Skip Option Deduction
If a policyowner exercises Park Avenue Life's Premium Skip Option, GIAC deducts
90.5% of the amount needed to pay any Policy Premium Assessments, which are set
forth in the policy and any rider(s). The Premium Skip Option is described under
"Premium Skip Option."
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Transfer Charge
Presently, GIAC does not impose a charge on transfers among the Variable
Investment Options and the fixed-rate option. However, GIAC reserves the right
to charge $25 for each transfer after the fourth transfer in a policy year. GIAC
will deduct the transfer charge from the option(s) from which amounts are
transferred and use the proceeds to pay its processing costs.
GIAC will not assess the transfer charge against multiple transfers effected
under the policy's Dollar Cost Averaging feature, or in connection with taking
or repaying policy loans. In addition, no transfer charge will apply to
transfers effected when a policyowner transfers out of a Variable Investment
Option because fundamental investment policies of its corresponding mutual fund
have been materially changed. See "Transfers," "Dollar Cost Averaging Transfer
Option," "Policy Loans," "Automatic Premium Loan" and "Rights Reserved by GIAC."
Deductions From the Separate Account
Mortality And Expense Risk Charge
GIAC charges the Separate Account for the mortality and expense risks it assumes
under the policies. The charge is made daily at a current annual rate of 0.60%
of the Separate Account's average daily net assets. This charge is guaranteed
never to exceed an annual rate of 0.90% of the Separate Account's average daily
net assets. The mortality and expense risk charge is not assessed against Policy
Account Values deposited in the fixed-rate option.
The mortality risk that GIAC assumes is that insureds may live for shorter
periods of time than GIAC estimated when setting its cost of insurance rates for
Park Avenue Life. The expense risk that GIAC assumes is that GIAC's expenses for
issuing and administering policies may be higher than GIAC estimated when
setting the administrative charges for Park Avenue Life. If amounts collected
through this charge exceed the amounts required to provide benefits or pay
expenses under the policies, GIAC may realize a profit on the charge. GIAC may
use any such profit to defray expenses incurred in selling the policies.
Income Tax Charge
Except for the charge for DAC taxes, which is deducted from Policy Premiums and
unscheduled payments, GIAC currently makes no charge for federal, state or local
income taxes attributable to the Separate Account or the policies. However, GIAC
reserves the right to impose additional charges if the income tax treatment of
variable life insurance changes for insurance companies, or if there is a change
in GIAC's tax status, or if GIAC becomes subject to any other tax-related
economic burdens that are attributable to the Separate Account or the policies.
See "Tax Effects."
Deductions From the Mutual Funds
Advisory Fees And Operational Expenses
Charges for investment advisory fees and operational expenses are deducted daily
from the assets of the mutual funds offered through the Separate Account. As a
result, policyowners bear these fees and expenses indirectly. Investment
advisory fees compensate the investment advisers of the mutual funds for the
services and facilities they provide to the funds. The following chart shows
each fund's expenses for the year ended December 31, 1995, expressed as a
percentage of average daily net assets.
ADVISORY OPERATIONAL TOTAL
FUND NAME FEE EXPENSES EXPENSES
- -------------------------------------------------------------
Stock Fund 0.50% 0.03% 0.53%
Bond Fund 0.50% 0.04% 0.54%
Cash Fund 0.50% 0.04% 0.54%
International Fund 0.80% 0.19% 0.99%
Strategic Asset Mgt. 0.50% 0.10% 0.60%
Centurion Fund 0.50% 0.12% 0.62%
Expenses that relate to the investment operations of the funds vary from year to
year. The operational expenses for Value Line Strategic Asset Management Trust
and Value Line Centurion Fund reflect the effects of expense reimbursements paid
by those funds to GIAC for certain administrative and shareholder servicing
expenses incurred by GIAC on their behalf. For the year ended December 31, 1995,
GIAC was reimbursed $584,237 by Value Line Strategic Asset Management Trust, and
$369,160 by Value Line Centurion Fund.
POLICY VALUES AND BENEFITS
Death Benefit Options
Park Avenue Life provides two death benefit options. A policyowner can choose an
option on the policy application. Option 1 is the automatic option if a
policyowner does not select an option.
The death benefit provided under Option 1 is the greater of:
o the Face Amount on the date of the insured's death; or
o the minimum death benefit then required under Section 7702 of the
Internal Revenue Code to assure that the policy qualifies as life
insurance; or
o after the first policy year, the policy's "variable insurance amount,"
which is defined below.
The death benefit provided under Option 2 is the greater of:
o the Face Amount on the date of the insured's death plus any amount by
which the Policy Account Value then exceeds the Benchmark Value as
adjusted to the date of death; or
o the minimum death benefit then required under Section 7702 of the
Internal Revenue Code to assure that the policy qualifies as life
insurance; or
o after the first policy year, the policy's variable insurance amount.
The minimum death benefit required under Section 7702 of the Internal Revenue
Code is $1,000 multiplied by the
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sum of:
o the Policy Account Value, plus
o any Policy Premium Assessments paid for a period beyond the policy
month during which the insured died (if premiums are not then being
waived under a waiver of premium rider)
divided by the net single premium per $1,000 for the insured's Attained Age, sex
and premium class. The net single premium is adjusted to the date of death. A
table of net single premiums is set forth in the policy.
The variable insurance amount provides a guarantee that the death benefit will
be greater than the then effective Face Amount if investment performance during
the preceding policy year was sufficiently favorable. GIAC determines the
variable insurance amount for each policy year after the first by multiplying
$1,000 by the Policy Account Value on each Policy Review Date and dividing the
result by the net single premium per $1,000 that applies for such Policy Review
Date. The variable insurance amount will be reduced during a Policy year if the
Face Amount is reduced or if a partial withdrawal is effected. The net single
premium for a Policy Review Date is based on the net single premiums for the
immediately preceding and immediately succeeding Policy Anniversaries, as
adjusted for the number of days between such Anniversaries.
Under an Option 1 policy, when favorable investment performance and unscheduled
payments increase the Policy Account Value, the Net Amount at Risk under the
policy will decrease. When the Net Amount at Risk is reduced, the dollar amount
of the cost of insurance charges deducted on each Monthly Date may also decline.
See "Monthly Deductions From The Policy Account Value."
Under an Option 2 policy, favorable investment performance and the addition of
unscheduled payments can possibly increase the Policy Account Value sufficiently
to increase the death benefit. At such time, however, the Net Amount at Risk
will not change as a result of the favorable investment performance or
unscheduled payments. Unfavorable investment performance can reduce an Option 2
policy's death benefit, but the benefit will never be lower than the Face
Amount.
Prospective policyowners should select the death benefit option that best meets
their needs and objectives. Those who prefer to have the opportunity to increase
their insurance coverage over the guaranteed Face Amount should choose Option 2.
Those who prefer to have insurance coverage that generally does not vary with
investment experience and potentially lower monthly cost of insurance charges
should choose Option 1. If a policyowner's personal circumstances change, on or
after the first Policy Anniversary he or she may change the then effective death
benefit option if the insured is alive. However, only one death benefit option
change is permitted in any single policy year.
A change in the death benefit option will be effective on the Monthly Date that
next follows the date that GIAC approves the change. GIAC will not approve a
request to change from Option 1 to Option 2 if Policy Premiums are then being
waived under a waiver of premium rider. Evidence of insurability that is
satisfactory to GIAC must be submitted with any request to change from Option 1
to Option 2, because the death benefit will increase by any positive amount by
which the Policy Account Value exceeds the Benchmark Value on the date the
change takes effect. The death benefit will decrease by this amount if the
change is from Option 2 to Option 1. Changing the death benefit option does not
change the Face Amount of a policy.
Death proceeds are payable to the beneficiary(ies) upon GIAC's receipt of due
proof that the insured died while the policy was in force. GIAC may delay
payment of the death proceeds if it contests a policy. See "Policy Proceeds" and
"Incontestability."
Policy Values
The Policy Account Value is the sum of the values attributable to the Variable
Investment Options, the fixed-rate option and the Loan Collateral Account. While
a policy is in force, such values are comprised of:
o the Net Premiums credited under a policy; plus or minus
o the cumulative effects of the net investment experience of amounts
held in the Variable Investment Options; plus
o any interest paid on amounts in the fixed-rate option or on amounts
transferred to and held in the Loan Collateral Account; minus
o cumulative Monthly Deductions; minus
o any previously effected partial withdrawals; minus
o the surrender charges and/or partial withdrawal charges assessed upon
previously effected partial withdrawals; minus
o the surrender charges assessed upon any Face Amount reductions; minus
o any Premium Skip Option deductions; minus
o any transfer charges that may have been assessed.
A Park Avenue Life policy's Cash Surrender Value is the Policy Account Value
minus the policy's surrender charges. After policy year 12, there are no
surrender charges under a Park Avenue Life policy.
The Net Cash Surrender Value is the amount that may be obtained upon surrender
of a policy. The Net Cash Surrender Value is calculated by subtracting any
Policy Debt from the Cash Surrender Value and then adding to the result the
portion of any previously paid Policy Premium Assessments which relate to
periods beyond the next Monthly Date.
The Benchmark Value is a hypothetical account value that GIAC uses to determine:
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o whether the death benefit under an Option 2 policy has increased and,
if so, the amount of such increase;
o if a premium skip can be effected;
o whether a partial withdrawal can be taken; and
o after the Guaranteed Premium Period ends, whether the Basic Scheduled
Premium will change for a policy year.
A Benchmark Value for each Policy Anniversary is set forth in the policy. See
"Benchmark Value" under "Definitions" for a description of how the Benchmark
Value for each Policy Anniversary is determined. The Benchmark Value on any day
during a policy year is based on the Benchmark Values for the immediately
preceding and immediately succeeding Policy Anniversaries, as adjusted for the
number of days to such Anniversaries from the given day. GIAC does not guarantee
that the Policy Account Value will equal or exceed the Benchmark Values set
forth in a policy.
Values held in the Variable Investment Options may increase or decrease daily
depending on the net investment experience of such options. The combination of
partial withdrawals, unfavorable investment performance and ongoing Monthly
Deductions can cause a policy's Policy Account Value to drop below zero (i.e.,
become negative). Even if this occurs, the policy will not lapse if all Policy
Premiums are paid when due and there is no Policy Debt. However, GIAC will
continue to accrue Monthly Deductions under the policy, which will increase the
amount of the negative balance. While a policy has a negative balance, GIAC will
calculate cost of insurance charges based on a Policy Account Value of zero, and
all Net Premiums, including Net Premiums derived from unscheduled payments, will
be applied to reduce the negative balance. Once the Policy Account Value equals
or exceeds zero, Net Premiums will be allocated and credited as explained under
"Allocation of Net Premiums" and "Crediting Payments."
Amounts In The Separate
Account Amounts allocated, transferred or added to a Variable Investment Option
are used to purchase units of the applicable Separate Account investment
division. Units are redeemed and cancelled when amounts are withdrawn or
transferred as a result of policyowner transactions, or when GIAC effects
Monthly Deductions, Dollar Cost Averaging transfers or policy loans. The number
of units purchased or redeemed in an investment division is calculated by
dividing the dollar amount of the transaction by the division's unit value for
the Valuation Date of the transaction. On any given day, a policyowner's value
in an investment division is the division's current unit value multiplied by the
number of units credited to the policy for that division.
Unit values change daily, reflecting investment results and daily deductions of
the charge for mortality and expense risks. GIAC determines unit values for the
investment divisions of the Separate Account at the end of each Valuation Date.
Policyowners bear the entire investment risk with respect to amounts held in the
Separate Account.
Net Investment Factor
GIAC calculates the unit value for each investment division by multiplying the
division's immediately preceding unit value by the applicable net investment
factor for the Valuation Period. The net investment factor for a Separate
Account investment division for a Valuation Period is the sum of:
o the net asset value (or price) per share of the division's
corresponding mutual fund as of the close of business on a Valuation
Date, plus
o the per share amount of any dividends or capital gains distributed by
that mutual fund on that Valuation Date
divided by the net asset value per share of such mutual fund for the immediately
preceding Valuation Period, and then minus the sum of the following deductions
from the Separate Account:
o the daily deduction for mortality and expense risks, plus
o any daily deduction that GIAC may make for income taxes that are
attributable to the Separate Account or the policies.
The accompanying prospectuses for the funds describe the procedures used by the
funds to calculate their respective net asset values per share. The daily
deduction for mortality and expense risks will never exceed .00002477% of the
Separate Account's assets, which is equivalent to an annual deduction of 0.90%.
Currently, there is no daily deduction from the Separate Account for income
taxes. See "Deductions From the Separate Account."
OTHER POLICY FEATURES
Policy Loans
After the first policy year and while the insured is alive, a policyowner may
borrow all or part of a policy's "loan value," by assigning the policy to GIAC
as security for the loan. A policy's loan value is 90% of the Cash Surrender
Value on the date that GIAC receives a proper written loan request (which
includes an assignment of the policy) at its Executive Office, minus any then
outstanding Policy Debt. The sum of any outstanding loan amounts plus accrued
loan interest is the Policy Debt. A policy has no loan value during the first
policy year or when it is continued under the Fixed Benefit Extended Term
Insurance policy value option after lapse. See "Policy Value Options." Policy
loan proceeds will ordinarily be paid to the policyowner within seven days of
the date that GIAC received the loan request. For exceptions to this general
rule, see "Policy Proceeds." The minimum loan amount is $500, unless the loan is
an Automatic Premium Loan. A policyowner never actually receives the proceeds of
a loan effected under Park Avenue Life's Automatic
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Premium Loan feature, as GIAC uses such proceeds to pay the Policy Premium due.
See "Automatic Premium Loan."
When a policyowner takes a loan, GIAC transfers the amount of the loan from the
Variable Investment Options and the fixed-rate option into a Loan Collateral
Account within GIAC's general account. GIAC will first transfer amounts held in
the Variable Investment Options in proportion to the Policy Account Value held
in such options as of the date it received the loan request. If the requested
loan exceeds the Policy Account Value held in the Variable Investment Options,
GIAC will transfer the excess amount from any Policy Account Value then held in
the fixed-rate option.
GIAC charges the policyowner interest on all outstanding loans at an annual rate
of 8%. Interest accrues daily and is due on Policy Anniversaries. If loan
interest is not paid when due, GIAC automatically increases the outstanding loan
by transferring amounts equal to the accrued but unpaid loan interest from the
Variable Investment Options and the fixed-rate option to the Loan Collateral
Account, in the manner and order described above. Amounts in the Loan Collateral
Account earn interest at a minimum annual rate of 6%. Even though this means
that the policyowner effectively pays GIAC loan interest at an annual rate of no
more than 2% when he or she borrows under a policy, the policyowner is expected
to pay all accrued loan interest when due.
Amounts transferred to the Loan Collateral Account in connection with policy
loans no longer share the investment experience or returns of the options from
which they were transferred. Accordingly, a policy loan will have a permanent
effect on Policy Account Value and the benefits provided under a policy, even if
the loan is repaid. The effect could be favorable or unfavorable, depending on
the investment experience of the Variable Investment Options or the rate of
interest credited under the fixed-rate option while the loan is outstanding. In
addition, the amount available for withdrawal or surrender and the death
proceeds payable under the policy are reduced dollar-for-dollar by the amount of
any outstanding Policy Debt.
The policyowner may repay all or part of the Policy Debt at any time while the
insured is alive and while the policy is in force or continued after lapse as
Reduced Paid-Up Insurance or Variable Reduced Paid-Up Insurance. See "Policy
Value Options." The minimum loan repayment amount is the lesser of $100, unless
the repayment accompanies a then due Policy Premium, or the then outstanding
Policy Debt. See "Crediting Payments." If the death proceeds have not already
been paid in cash or applied under a payment option, outstanding Policy Debt may
also be repaid within 60 days after the insured's death. The proceeds payable to
the beneficiary will then be increased by the amount of the repayment.
When GIAC credits and allocates a loan repayment, it transfers from the Loan
Collateral Account the amount of the repayment, minus a proportional amount of
accrued loan interest, plus any interest paid on the repaid amount by the Loan
Collateral Account, as follows:
o first, into the fixed-rate option to repay all loans provided by
Policy Account Value that had been attributable to the fixed-rate
option; and
o then, into the Variable Investment Options in accordance with the Net
Premium allocation instructions then in effect.
No transfer in or out of the Loan Collateral Account in connection with policy
loans will be subject to transfer charges. Loan repayment amounts that are
allocated to the fixed-rate option will be credited with the fixed-rate option
interest rate then in effect until the next Policy Anniversary.
If Policy Debt is outstanding, it may be more advantageous to repay the debt
than to make unscheduled payments. Unlike unscheduled payments, loan repayments
are not subject to premium tax, DAC tax or premium sales charges. See
"Deductions From Policy Premiums and Unscheduled Payments" and "Crediting
Payments."
If the Policy Debt exceeds a policy's Cash Surrender Value on a Monthly Date,
GIAC will notify the policyowner that a loan repayment is required to continue
the policy in force. The policy will lapse 31 days after the default date set
forth in the notice if GIAC does not receive a loan repayment that at least
equals the amount specified in the notice, which will be the sum of
o the amount by which the Policy Debt exceeded the Cash Surrender Value
as of the Monthly Date that GIAC identified the shortfall, plus
o 10% of the Cash Surrender Value on that Monthly Date.
If the insured dies after a loan repayment notice is mailed but before the 31
days have expired, GIAC will pay the beneficiary the death proceeds minus the
unpaid Policy Debt. See "Grace Period" and "Policy Proceeds."
If a policy is treated as a modified endowment contract under the Internal
Revenue Code, there may be tax consequences associated with taking a policy
loan. See "Tax Effects" for a discussion of the circumstances under which a
policy may be treated as a modified endowment contract and the corollary effects
on policy loans. These tax consequences also apply to loans effected under the
Automatic Premium Loan feature.
Reducing The Face Amount
After the first policy year, a policyowner may ask GIAC to reduce the Face
Amount of his or her policy. GIAC will process a Face Amount reduction upon
receipt of a proper written request at its Executive Office. GIAC additionally
requires:
o that the insured be living on the date that GIAC
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receives the request;
o that the reduction be for at least $10,000, unless it is caused by a
partial withdrawal (in which case, the partial withdrawal rules
apply); and
o that the reduced Face Amount will not be lower than GIAC's then
current minimum Face Amount, unless the reduction is caused by a
partial withdrawal.
The reduction will take effect on the Monthly Date next following the date that
GIAC approves the change. GIAC will deduct surrender charges from the Policy
Account Value in the manner described under "Transaction Deductions From the
Policy Account Value" if the Face Amount is reduced during the first 12 policy
years. GIAC will also deduct a withdrawal charge from the Policy Account Value
if a Face Amount reduction is caused by a partial withdrawal. A partial
withdrawal from an Option 1 policy will typically result in an immediate Face
Amount reduction. A partial withdrawal from an Option 2 policy will not reduce
the Face Amount so long as the Policy Account Value exceeds the applicable
Benchmark Value. However, the Option 2 death benefit will decline with each
partial withdrawal. See "Death Benefit Options" and "Partial Withdrawals."
Reducing the Face Amount could cause a policy to be treated as a modified
endowment contract under the Internal Revenue Code. See "Tax Effects."
The Basic Scheduled Premium, Benchmark Values, Policy Account Value, Monthly
Deductions, variable insurance amount and any benefits provided under additional
benefit riders that relate to the policy's Face Amount will generally decrease
when a Face Amount reduction takes effect. GIAC will send the owner revised
policy pages reflecting any changes caused by a Face Amount reduction.
The Face Amount of a Park Avenue Life policy cannot be increased.
Partial Withdrawals
After the first policy year and while the insured is living, the policyowner may
withdraw portions of the policy's Net Cash Surrender Value. Any such withdrawal
must be requested in writing, and is subject to GIAC's approval. GIAC will
process an approved partial withdrawal as of the Valuation Date on which it
receives a proper written request at its Executive Office. The minimum net
partial withdrawal amount is $500.
GIAC will not approve or process a partial withdrawal if, after withdrawing the
requested amount and imposing all applicable charges,
o the remaining Cash Surrender Value would be less than the Benchmark
Value, as adjusted to the date of withdrawal; or
o the policy would have no positive Net Cash Surrender Value.
GIAC will notify the policyowner if a requested partial withdrawal cannot be
effected.
GIAC assesses the following charges in connection with partial withdrawals: (1)
a partial withdrawal charge that equals the lesser of $25 or 2% of the requested
withdrawal amount; and (2) applicable surrender charges if the partial
withdrawal causes a Face Amount reduction during the first 12 policy years. See
"Transaction Deductions From the Policy Account Value" and "Reducing the Face
Amount."
To effect a partial withdrawal, GIAC first deducts the requested partial
withdrawal amount and any applicable charges proportionately from the Policy
Account Value attributable to the Variable Investment Options as of the
Valuation Date it received the partial withdrawal request. If the sum of the
requested withdrawal amount and all applicable charges exceeds the Policy
Account Value held in the Variable Investment Options, GIAC will withdraw the
excess amount from any Policy Account Value that is then held in the fixed-rate
option. The proceeds of a partial withdrawal will ordinarily be paid within
seven days of the date that GIAC receives the withdrawal request. For exceptions
to this general rule, see "Policy Proceeds."
In addition to reducing the Net Cash Surrender Value of a policy, a partial
withdrawal reduces the death benefit on a dollar-for-dollar basis. Under an
Option 1 policy, the Face Amount will generally be reduced with each partial
withdrawal. Under an Option 2 policy, the death benefit reduction will generally
mirror the Net Cash Surrender Value reduction. The tax consequences of partial
withdrawals are discussed under "Tax Effects."
Surrender
A Park Avenue Life policy may be surrendered for its Net Cash Surrender Value at
any time while the insured is living. GIAC will compute the Net Cash Surrender
Value as of the Valuation Date on which it receives a written surrender request
in proper and complete form at its Executive Office. A surrender request is
incomplete if it is not accompanied by the policy or an acceptable affidavit
confirming the policy's loss. The Net Cash Surrender Value equals:
o the Policy Account Value, minus
o any surrender charges, minus
o any Policy Debt, plus
o the portion of any Policy Premium Assessments paid for periods beyond
the next Monthly Date.
EXAMPLE - Surrender in Policy Year 5
Male insured, Age 35
Preferred Premium Class - Nonsmoker
Face Amount $250,000
Annual Policy Premium $2,225
Assuming, 6% hypothetical gross return; 4.7% net return
See "Appendix A"
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Policy Account Value $8,446.92
Deferred Administrative Charge (800.00)
Deferred Sales Charge (467.25)
Policy Debt -0-
Pre-paid Policy Premium Assessments -0-
---------
Net Cash Surrender Value $7,179.67
The deferred sales charge and deferred administrative charge are surrender
charges. Park Avenue Life's surrender charges decline to zero by the end of the
12th policy year. See "Deductions and Charges."
The Net Cash Surrender Value will ordinarily be paid within seven days of the
date that GIAC receives a proper and complete surrender request. For exceptions
to this general rule, see "Policy Proceeds." All insurance coverage ends as of
the Valuation Date that GIAC computes the Net Cash Surrender Value in response
to a proper and complete surrender request. See "Tax Effects" for a discussion
of the tax consequences of surrendering a policy.
Transfers
The policyowner may request transfers in and out of the Variable Investment
Options or into the fixed-rate option at any time. Restrictions on transfers out
of the fixed-rate option are discussed under "Transfers From The Fixed-Rate
Option." Transfer requests may be submitted to GIAC's Executive Office in
writing or by telephoning 1-800-935-4128. Presently, transfers may be effected
without charge or tax consequences.
The minimum transfer amount is the lesser of $500 or the entire amount held in
the option from which GIAC effects a transfer. Transfers are effective as of the
end of the Valuation Date on which the request is received. Written transfer
requests received after 4:00 p.m. New York City time on a Valuation Date will be
treated as received on the next succeeding Valuation Date. GIAC reserves the
right to limit the frequency of transfers to not more than once every 30 days,
and to charge the policyowner for each transfer after the fourth transfer in a
policy year. See "Deductions and Charges." GIAC also reserves the right to limit
the number of options in which the Policy Account Value may be invested. If GIAC
exercises this right, a policyowner's ability to change the allocation
instructions for Net Premiums or request transfers could be restricted.
GIAC accepts telephone transfer instructions between 9:00 a.m. and 3:30 p.m. New
York City time on each day that it is open for business. GIAC effects telephone
transfer instructions at the unit values calculated at the close of business on
the Valuation Date such instructions are received. GIAC will not honor telephone
transfer instructions unless it has received a written authorization form from
the policyowner. Callers are asked to provide precise identification and the
personal security code for the policy. GIAC will accept telephone transfer
instructions from any person who can provide the requested information, and is
not responsible for any loss, damage, cost or expense resulting from following
the foregoing procedures to implement telephone transfer instructions that it
reasonably believes to be genuine. This means that the policyowner bears the
risk of loss when unauthorized or fraudulent transfers are requested by
telephone and GIAC has followed its procedures. Telephone transfer requests may
be recorded without prior disclosure to the caller.
During periods of extreme market activity or drastic economic change, it may be
very difficult to contact GIAC to request a telephone transfer. If this occurs,
written transfer requests should be sent to the Executive Office. The rules for
telephone transfers are subject to change, and GIAC reserves the right to
suspend or withdraw this privilege without notice.
Transfers From the Fixed-Rate Option
Transfers from the fixed-rate option are permitted once per policy year during
the period starting on a Policy Anniversary and ending 30 days thereafter.
Requests received on or within the 30 days before a Policy Anniversary will be
effected on the Policy Anniversary. Requests received within the 30 days
following a Policy Anniversary will be effected on the Valuation Date of
receipt. GIAC will not honor requests for transfers out of the fixed-rate option
that are received at other times during a policy year.
GIAC transfers amounts from the fixed-rate option in the same order as the
amounts were allocated to such option. This means that amounts on deposit in the
fixed-rate option for the longest period of time will be the first amounts
transferred out. The maximum amount that may be transferred out of the
fixed-rate option each policy year is the greater of 33 1/3% of the Policy
Account Value in the fixed-rate option on the preceding Policy Anniversary, or
$2,500.
Dollar Cost Averaging Transfer Option
The policyowner may elect to have designated dollar amounts automatically
transferred on each Monthly Date from The Guardian Cash Fund investment division
of the Separate Account to one or more of the other options offered under the
policy. GIAC will not implement automatic transfers unless it has received a
properly completed authorization form.
The minimum amount that may be transferred into another option on each Monthly
Date is $100. Before the policyowner's Dollar Cost Averaging transfer program
goes into effect, the Policy Account Value attributable to The Guardian Cash
Fund investment division must be at least equal to the product of 24 multiplied
by the aggregate amount designated for transfer each month (e.g., 24 x $100 =
$2,400). GIAC will notify the policyowner if this minimum is not satisfied. No
Dollar Cost Averaging transfers will be effected until the minimum is satisfied.
The policyowner may add to the Policy Account Value attributable to the Cash
Fund investment division to extend the period that the Dollar Cost Averaging
transfer program remains in effect.
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Automatic transfers under a Dollar Cost Averaging program will end when:
o the period set forth in the Dollar Cost Averaging authorization form
ends; or
o the Policy Account Value attributable to The Guardian Cash Fund
investment division is less than the amount designated for transfer on
a Monthly Date (though GIAC will transfer the remaining amount on a
pro-rata basis to the options that were last designated by the
policyowner for automatic transfers, leaving a zero balance in the
Cash Fund investment division); or
o a written request to terminate the program is received at GIAC's
Executive Office at least three Valuation Dates prior to the next
scheduled transfer; or
o the policy is surrendered or lapses.
Automatic transfers can be reinstated or changed, subject to the rules described
above, if GIAC receives a new authorization form within three Valuation Dates
before the Monthly Date on which the reinstatement or change is to be effective.
Periodic investing of the same dollar amount permits a policyowner to acquire
more units in a receiving Variable Investment Option when the price per share of
its corresponding mutual fund is low, and fewer when such price is high.
Accordingly, this strategy may reduce the impact of fluctuations in the
receiving Option's unit value over the period that automatic transfers are
effected. However, there can be no assurance of profit or protection against
loss in a declining market.
Policy Proceeds
The death proceeds are determined as of the date of the insured's death, even
though GIAC may not receive due proof of the death until some time thereafter.
The amount(s) involved in all other policy transactions will be determined as of
the end of the Valuation Period during which GIAC receives satisfactory
information, instructions or documentation at its Executive Office. See
"Communications With GIAC." GIAC will ordinarily pay any Net Cash Surrender
Value, policy loan, partial withdrawal, death proceeds or other policy
transaction proceeds from the Variable Investment Options within seven days
after it has received the information it needs to determine the payable amount.
However, GIAC may delay transfers, loans or other payments from some or all of
the Variable Investment Options when: (1) the NYSE is closed for other than
weekends or holidays, or trading is restricted; (2) the SEC determines that a
state of emergency exists that may make policy transactions impracticable; or
(3) at any other time when one or more of the Variable Investment Options'
corresponding mutual funds lawfully suspends payment or redemption of their
shares. GIAC will pay interest on the death proceeds as specified in the policy
from the date of the insured's death to the date the proceeds are paid or
applied under a payment option. Requests for transfers, loans or any other
payment out of the fixed-rate option will normally be effected promptly after
GIAC receives the required information or documentation. However, GIAC has the
right to delay such transfers, loans or payments for up to six months from the
date of a request. GIAC will pay interest in accordance with state law
requirements on payments attributable to the fixed-rate option that are delayed.
Requests for transfers out of the fixed-rate option may only be made during
certain periods. See "Transfers From the Fixed-Rate Option."
The death proceeds actually paid to the beneficiary(ies) of a Park Avenue Life
policy will include that portion of previously paid Policy Premium Assessments
that relate to a period beyond the policy month of death. GIAC will also include
any proceeds provided by additional benefit riders in the death proceeds paid.
Any outstanding Policy Debt will be deducted from the death proceeds paid. If
the insured dies during the grace period for an unpaid Policy Premium, GIAC will
calculate the death benefit as though the Policy Premium had been paid when due
and then deduct the portion of such premium that relates to periods through the
policy month of death from the death proceeds to be paid. If the insured is
Attained Age 100 or older at death, the death proceeds will be the Policy
Account Value minus any Policy Debt as of the date of death.
Death proceeds may also be adjusted as a result of: (1) a misstatement of the
insured's Age or sex on the application for a policy; (2) the insured's suicide
within two years from the Issue Date or the effective date of a change in the
death benefit from Option 1 to Option 2 (but only to the extent of any increase
in the death benefit over the Face Amount that resulted from the change in
options); or (3) any limits imposed by a rider to the policy.
Policy Value Options
If a policy has no Cash Surrender Value when it lapses, GIAC will terminate the
policy and all insurance coverage will end. If a lapsed policy has Cash
Surrender Value, insurance coverage can be continued after lapse under one of
the policy value options described below. Alternatively, the policyowner can:
(1) request payment of the Net Cash Surrender Value, in which case all insurance
coverage will end; or (2) take steps to fulfill the conditions to reinstate the
policy. See "Reinstatement."
Generally, policy value Option A is the automatic option if the policyowner
neither elects another option, nor requests payment of the Net Cash Surrender
Value or reinstatement of the policy by the end of the grace period. However,
policy value Option B will be implemented if the lapsed policy does not qualify
for Option A, or if the insurance coverage provided under policy value Option B
equals or exceeds that which would be provided under Option A. A Park Avenue
Life policy issued in premium class 3 or higher, or with a temporary rating
charge, does not qualify for policy value Option A.
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Of the policy value options available, only Option C provides for continuing
investment through the Variable Investment Options. Partial withdrawals and
loans are permitted under Option B and Option C, but not Option A. See "Tax
Effects" for information about the effects of cancelling Policy Debt when a
policy value option becomes effective.
While the insured is living, the policyowner may surrender the insurance
provided by a policy value option for the option's then net cash surrender
value. An option's net cash surrender value is its cash value minus any
outstanding policy debt. The cash value under policy value Option A is the then
present value of the insurance provided by the option. The cash value under
policy value Option B is the sum of the values attributable to the fixed-rate
option and the Loan Collateral Account (see below). The cash value under policy
value Option C is the sum of the values attributable to the Variable Investment
Options, the fixed-rate option and the Loan Collateral Account (see below).
Option A is Non-Participating Fixed Benefit Extended Term Insurance. This
limited term insurance provides a death benefit that is equal to the death
benefit under the lapsed policy, less any outstanding Policy Debt. The length of
time that coverage will continue under policy value Option A depends on the Net
Cash Surrender Value of the lapsed Park Avenue Life policy, as such value will
be used as a net single premium for the term coverage that can be provided for
the insured's Attained Age, sex and premium class. To implement policy value
Option A, GIAC irrevocably transfers the lapsed policy's Net Cash Surrender
Value to its general account. No further Policy Premiums will be due; no
unscheduled payments or partial withdrawals will be permitted and no further
Monthly Deductions will be taken while Option A is in force. Extended term
insurance has a cash surrender value that declines to zero at the end of the
term, but no loan value.
Option B is Non-Participating Reduced Paid-Up Insurance. Policy value Option B
provides lifetime insurance coverage on the insured. The initial amount of the
death benefit under this option will be the benefit that can be purchased by
using the policy's Cash Surrender Value on the default date as a net single
premium for the insured's Attained Age, sex and premium class. If Policy Debt is
to be cancelled when Option B takes effect, the Net Cash Surrender Value will be
used as the net single premium. See "Tax Effects." Any Policy Debt continued or
incurred under policy value Option B is subject to the policy's provisions
regarding policy loans. The death benefit under policy value Option B is likely
to be smaller than the death benefit under the lapsed policy.
To implement policy value Option B, GIAC irrevocably transfers the lapsed
policy's Unloaned Policy Account Value to the fixed-rate option and deducts all
applicable surrender charges. GIAC also deducts the Policy Debt if the
policyowner has asked to have such debt cancelled when this option takes effect.
The remaining amount will be credited with a guaranteed rate of interest of at
least 4%. If the amounts retained under Option B earn interest at higher rates,
the Option's death benefit may increase. The death benefit under policy value
Option B will never be lower than the death benefit that would be required by
Section 7702 of the Internal Revenue Code for the Option. See "The Fixed-Rate
Option" and "Death Benefit Options."
No further Policy Premiums will be due, and no unscheduled payments are
permitted under policy value Option B. GIAC will deduct the monthly cost of
insurance charge and any partial withdrawal charges from the fixed-rate option
while policy value Option B is in force. See "Deductions and Charges."
Non-participating reduced paid-up insurance has a net cash surrender value and
loan value.
Option C is Non-Participating Variable Reduced Paid-Up Insurance. If a lapsed
Park Avenue Life policy had provided coverage for an insured in a standard or
better premium class for at least one year from its Issue Date, and its Cash
Surrender Value was at least $10,000 as of the default date, the policyowner can
use policy value Option C to continue lifetime insurance coverage for the
insured. GIAC will implement policy value Option B if a policyowner who elected
Option C is ineligible for it when an option is to be implemented.
Under this option, values can be retained in the Variable Investment Options
and/or the fixed-rate option, and the policyowner can continue to make transfers
in the same manner as permitted under the Park Avenue Life policy.
The initial amount of the death benefit under this option will be the benefit
that can be purchased by using the policy's Cash Surrender Value on the default
date as a net single premium for the insured's Attained Age, sex and premium
class. If Policy Debt is to be cancelled when Option C takes effect, the Net
Cash Surrender Value will be used as the net single premium. See "Tax Effects."
Any Policy Debt continued or incurred under policy value Option C is subject to
the policy's provisions regarding policy loans. The death benefit under policy
value Option C is initially likely to be smaller than the death benefit under
the lapsed policy. Once policy value Option C is in force, the death benefit
will vary with the net investment experience of the policyowner's Variable
Investment Option selections.
Unlike the Park Avenue Life policy, this option does not provide a guaranteed
minimum face amount of insurance. Accordingly, unfavorable investment
performance, partial withdrawals and/or loans can reduce or eliminate this
option's death benefit. If this option's cash value declines to zero, there can
be no death benefit and the option will lapse. Variable reduced paid-up
insurance can (but may not) have net cash surrender value and loan value.
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No further Policy Premiums will be due, and no unscheduled payments will be
permitted while policy value Option C is in force. GIAC will deduct the monthly
cost of insurance charge and any partial withdrawal charges or transfer charges
in the same manner as under the policy while this option is in force. Deductions
from the Separate Account and the mutual funds will continue to have an impact
under policy value Option C. See "Deductions and Charges."
Fixed Benefit Insurance During the First 24 Months During the first 24 policy
months, the policyowner has the right to exchange his or her Park Avenue Life
policy and replace it with a fixed benefit life insurance policy issued by GIAC
or an affiliate of GIAC (the "new policy"). No evidence of insurability will be
required. Policy values under the new policy will be held in the issuer's
general account. The new policy's face amount will be the same as the Park
Avenue Life policy's Face Amount as of the exchange date. And the insured's Age
under the original policy will be retained under the new policy. The policyowner
must repay all outstanding Policy Debt before the exchange is effected.
There may be a cost or credit to be paid upon this type of exchange. The amount
of the cost or credit is the greater of (1) or (2) where:
o (1) is the cumulative premiums for the new policy with interest at 6%
minus the cumulative Policy Premiums for the exchanged Park Avenue
Life policy with interest at 6%; and
o (2) is the cash value of the new policy minus the Cash Surrender Value
of the exchanged Park Avenue Life policy on the exchange date.
If the greater amount is less than zero, the issuer of the new policy will pay
an exchange credit to the policyowner. If the greater amount is more than zero,
the policyowner must pay the exchange cost to the issuer of the new policy.
The exchange date is the date that the new policy is issued. The new policy will
be issued upon the later of:
o the date GIAC receives the policyowner's written exchange request and
his or her Park Avenue Life policy at its Executive Office; or
o the date any exchange cost payable by the policyowner is received by
the issuer of the new policy.
Waiver of premium and accidental death benefit riders from the Park Avenue Life
policy can be attached to the new policy. Other additional benefit riders are
only available upon the consent of the issuer of the new policy. Competent legal
and tax advice should be sought in connection with exchanging a policy.
Payment Options
The death proceeds or Net Cash Surrender Value of a Park Avenue Life policy can
be paid in a lump sum, or under one or more of the payment options described
below. The policyowner may select the payment option(s) while the insured is
living. If no election has been made when policy proceeds become payable, the
payee may select the payment option(s). A payment option election for death
proceeds must be made within one year of the insured's death. The payment
election for other proceeds must be made within 60 days after the proceeds
become payable. A payee under any payment option must be a natural person. The
policyowner may appoint a secondary payee to receive any payments remaining
after the death of the initial payee. Amounts applied to a payment option will
not share in the income, gains or losses of the Variable Investment Options, nor
be credited interest in the amount or manner provided by the fixed-rate option.
At least $5,000 must be applied under each option selected. See "Death Benefit
Options," "Partial Withdrawals," "Surrender" and "Policy Proceeds" for
information about when the proceeds of a Park Avenue Life policy are payable.
Under Option 1, GIAC will hold the proceeds and make monthly interest payments
at an annual rate of at least 3%. GIAC will determine any additional interest
yearly and add it to the monthly interest payment.
Under Option 2, GIAC will make monthly payments of a specified amount until the
proceeds and interest are fully paid. At least 10% of the original proceeds must
be paid each year. Interest of at least 3% will be added to the proceeds each
year. GIAC will determine any additional interest yearly.
Under Option 3, GIAC will make monthly payments for a specified number of years.
The amount of the payments will include interest at 3% per year. GIAC will also
make yearly payments of any additional interest.
Under Option 4, GIAC will make monthly payments for the longer of the life of
the payee or 10 years. The minimum amount of each payment will include interest
at 3% per year.
Under Option 5, GIAC will make monthly payments until the amount paid equals the
proceeds settled, and for the remaining life of the payee. The minimum amount of
each payment will include interest at 3% per year.
Under Option 6, GIAC will make monthly payments for 10 years and for the
remaining life of the last surviving of two payees. The minimum amount of each
payment will include interest at 3% per year.
Monthly payments under a payment option must be at least $50. The policy sets
forth the amount payable each month per $1,000 of proceeds applied under Options
3, 4, 5 and 6, as well as the amount payable upon the termination of a payment
option.
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TAX EFFECTS
This discussion is based on GIAC's understanding of the effects of current
federal income tax laws, as currently interpreted, on Park Avenue Life policies.
This discussion is general in nature, and should not be considered to be tax
advice. Anyone interested in purchasing a policy or effecting policy
transactions should consult a legal or tax adviser regarding such person's
particular circumstances. There can be no guarantee that the federal income tax
laws, including related rules and regulations, or interpretations of them, will
not change while this prospectus is in use or while a policy is in force.
Treatment of Policy Proceeds
GIAC believes that a Park Avenue Life policy will be treated as "life insurance"
as defined in the Internal Revenue Code. Accordingly, under federal income tax
law:
o the death proceeds received by a beneficiary will not be subject to
federal income tax; and
o increases in the Policy Account Value resulting from interest or
investment experience will not be subject to federal income tax unless
they are distributed from the policy before the insured's death.
Income recognized when a pre-death distribution is taken will be characterized
and taxed as "ordinary income."
The federal income tax consequences of taking distributions from a policy will
depend on whether the policy is determined to be a "modified endowment
contract."
A modified endowment contract is an insurance policy that fails to meet a
"seven-pay" test. In general, a policy will fail the seven-pay test if the
cumulative amount of premiums paid under the policy at any time during the first
seven policy years exceeds a calculated premium level. The calculated seven-pay
premium level is based on a hypothetical policy issued on the same insured and
for the same initial death benefit that, under specified conditions (including
the absence of expense, administrative and surrender charges), would be fully
paid for after seven level annual payments.
A Park Avenue Life policy could be treated as a modified endowment contract if
the cumulative premiums paid (whether through scheduled Policy Premiums or
unscheduled payments) at any time during the first seven policy years exceeds
the cumulative seven-pay premiums that can be paid under the hypothetical
policy.
Whenever there is a "material change" under a policy, the policy will generally
be treated as a new contract and become subject to a new seven-pay period and
new seven-pay limit. A materially changed policy would become a modified
endowment contract if it failed to satisfy the new seven-pay limit. Increasing a
policy's future benefits might result in a material change. Future benefits can
increase, for example, if the death benefit is changed from Option 1 to Option
2, benefits are added by rider, or a lapsed policy is reinstated. An exchange is
treated as a material change.
If the benefits under a policy are reduced during the first seven policy years
(or within seven years after a material change), the applicable seven-pay limit
must be redetermined based on the reduced level of benefits and applied
retroactively for purposes of the seven-pay test. If the premiums previously
paid are greater than the recalculated seven-pay limit, the policy will become a
modified endowment contract. Policy benefits are reduced, for example, when the
Face Amount is reduced, when certain partial withdrawals are taken, when the
death benefit is changed from Option 2 to Option 1, or when a policy value
option takes effect.
A life insurance policy received in exchange for a modified endowment contract,
or a modified endowment contract that lapses and is reinstated, will be treated
as a modified endowment contract.
Pre-death distributions from a Park Avenue Life policy that is NOT a modified
endowment contract will generally receive the following federal income tax
treatment:
(1) Partial withdrawals should generally be treated as first recovering
the policyowner's "basis" in the policy and then as distributing
taxable income. However, during the first 15 policy years,
distributions may first be treated wholly or partially as taxable
income if the ratio of the Policy Account Value to the death benefit
exceeds the applicable ratio under Section 7702 of the Internal
Revenue Code. The basis in a policy generally equals the premiums paid
minus any amounts previously recovered through tax-free policy
distributions.
(2) If a policy is surrendered, the excess, if any, of the Cash Surrender
Value (which includes the amount of any Policy Debt) over the basis
will be subject to federal income tax. Any loss incurred upon
surrender is generally not deductible. The tax consequences of
surrender may differ if the proceeds are received under a payment
option.
(3) Loans will ordinarily be treated as indebtedness, and no part of a
loan will be subject to current federal income tax, as long as the
policy remains in force. Upon lapse, however, cancellation of a loan
will be treated as a distribution and may be taxed. Generally, policy
loan interest is not tax deductible by the policyowner.
Pre-death distributions from a Park Avenue Life policy that IS or BECOMES a
modified endowment contract will generally receive the following federal income
tax treatment:
(1) Any distribution will be taxed on an "income-first" basis to the
extent that the Policy Account Value exceeds the basis in the policy.
For this purpose,
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<PAGE>
distributions include partial withdrawals, surrenders, assignments and
policy loans (including any automatic premium loans or automatic
increases in policy loans to pay loan interest). Loans that are
treated as taxable income are added to the basis of modified endowment
contracts.
(2) For purposes of determining the taxable portion of any distribution,
all modified endowment contracts issued by GIAC or its affiliates to a
policyowner during any calendar year shall be treated as one modified
endowment contract.
(3) A 10% penalty tax will also apply to any taxable distribution, unless
the distribution is: (a) made to a taxpayer who is 59 1/2 years of age
or older; (b) attributable to disability (as defined in the Internal
Revenue Code); or (c) received as part of a series of substantially
equal periodic payments for the taxpayer's life (or life expectancy)
or the joint lives (or joint life expectancies) of the taxpayer and a
beneficiary.
The Secretary of the Treasury is authorized to prescribe additional rules to
prevent avoidance of income-first taxation on distributions from modified
endowment contracts.
If a policy becomes a modified endowment contract, distributions that occurred
during the policy year in which such policy became a modified endowment
contract, and distributions in any subsequent policy year will be taxed as
described above. In addition, distributions that occurred within the preceding
two years will be subject to such tax treatment. This means that a distribution
made from a policy that is not a modified endowment contract could later become
taxable as a distribution from a modified endowment contract. The Secretary of
the Treasury is authorized to prescribe rules that would similarly treat other
distributions made in anticipation of a policy becoming a modified endowment
contract.
Exchanges
Typically, there are no federal income tax consequences when one life insurance
policy is exchanged for another to cover the same insured. However, the new
policy will be subject to the seven-pay test from the date of the exchange, and
can be treated as a modified endowment contract if it fails to satisfy such
test. Additionally, a policy may lose any privileges to be excused by
"grandfathering" from statutory or regulatory changes made after its issuance if
it is exchanged for another policy. For these reasons, anyone who is (1)
considering exchanging another life insurance policy to obtain a Park Avenue
Life policy, or (2) considering exchanging a Park Avenue Life policy to obtain a
different life insurance policy should consult a competent tax adviser.
Diversification
If a policy does not qualify as "life insurance" under the Internal Revenue
Code, the policyowner can become immediately subject to federal income tax on
the income under his or her policy. For variable life insurance policies to
qualify as life insurance, section 817(h) of the Internal Revenue Code requires
their underlying investments to be adequately diversified. Treasury Department
regulations specify the diversification requirements. GIAC believes that the
investment divisions of the Separate Account, through their corresponding mutual
funds, comply fully with such requirements.
To date, no regulations or rulings have been issued to provide guidance
regarding the circumstances under which a policyowner's ability to control his
or her investments under a policy by exercising premium allocation and transfer
privileges would cause him or her to be treated as the owner of a pro-rata
portion of the assets in an insurance company's separate account. If a Park
Avenue Life policyowner was considered the owner of assets in the Separate
Account, the income and gains attributable to his or her Policy Account Value in
the Variable Investment Options would be included in his or her gross income.
GIAC currently believes that it, and not its policyowners, is considered to own
the Separate Account's assets. However, GIAC cannot predict when the Treasury
Department or the Internal Revenue Service ("IRS") will issue guidance regarding
these matters, nor the nature of any such guidance.
Policy Changes
GIAC may, to the extent it deems necessary, make changes to the policy or its
riders (1) to assure that Park Avenue Life initially qualifies and continues to
qualify as life insurance under the Internal Revenue Code; or (2) to attempt to
prevent a policyowner from being considered the owner of a pro-rata portion of
the Separate Account's assets (see above). Any such change will apply uniformly
to all policies that are affected. If required by state insurance regulatory
authorities, advance written notice of such changes will be provided.
Tax Changes
From time to time the United States Congress considers legislation that, if
enacted, could change the tax treatment of life insurance policies prospectively
or even retroactively. In addition, the Treasury Department and IRS may amend
existing regulations, issue new regulations, or adopt new interpretations of
existing laws or regulations. Also, state or local tax laws that relate to
owning or benefiting from a policy can be changed from time to time without
notice. It is impossible to predict whether, when or how any such change would
be adopted. Anyone with questions about such matters should consult a legal or
tax adviser.
Estate and Generation Skipping Transfer Taxes
If the policyowner is also the insured, the death benefit under a Park Avenue
Life policy will generally be included in the policyowner's estate for purposes
of federal estate tax. If the policyowner is not the insured, under certain
circumstances only the Cash Surrender Value would be so included. In general,
estates of U.S. citizens or residents
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<PAGE>
that are valued at less than $600,000 will not incur federal estate tax
liability, and an unlimited marital deduction may be available for federal
estate and gift tax purposes. Federal estate tax is integrated with federal gift
tax under a unified rate schedule.
As a general rule, designating a beneficiary or paying proceeds to a person who
is two or more generations younger than the policyowner, may cause a generation
skipping transfer ("GST") tax to be payable. The GST tax is imposed at a rate
that equals the maximum estate tax rate. Individuals are generally allowed an
aggregate GST tax exemption of $1 million. Because these rules are complex, a
legal or tax adviser should be consulted for specific information.
The particular situation of each policyowner or beneficiary will determine how
ownership or receipt of policy proceeds will be treated for purposes of federal
estate and GST taxes, as well as state and local estate, inheritance and other
taxes.
Legal Considerations for Employers
In 1983, the United States Supreme Court held that optional annuity benefits
provided under an employee's deferred compensation plan could not, under Title
VII of the Civil Rights Act of 1964, vary between men and women on the basis of
sex. The Court applied its decision to benefits derived from contributions made
on or after August 1, 1983. Lower federal courts have since held that the Title
VII prohibition of sex-distinct benefits may apply at an earlier date. In
addition, some states prohibit using sex-distinct mortality tables.
The Policy uses sex-distinct actuarial tables, unless state law requires the use
of sex-neutral actuarial tables. As a result, the Policy generally provides
different benefits to men and women of the same age. Employers and employee
organizations which may consider buying Policies in connection with any
employment-related insurance or benefits program should consult their legal
advisers to determine whether the Policy is appropriate for this purpose.
Other Tax Consequences
The policy may be used in various arrangements, including non-qualified deferred
compensation or salary continuance plans, split dollar insurance plans,
executive bonus plans, retiree medical benefit plans and others. The tax
consequences of such plans may vary depending on the particular facts and
circumstances of each individual arrangement. Therefore, if a policyowner is
contemplating the use of a policy in any arrangement the value of which depends
in part on its tax consequences, the policyowner should consult a qualified tax
advisor regarding the tax attributes of the particular arrangement.
GIAC's Taxes
Under the current life insurance company tax provisions of the Internal Revenue
Code, an insurer's variable life insurance business is treated in a manner
consistent with a fixed benefit life insurance business. Accordingly, GIAC pays
no income tax on investment income and capital gains reflected in its variable
life insurance policy reserves, and no charge is currently being made to any
investment division of the Separate Account for taxes. GIAC reserves the right
to assess a charge against the Separate Account in the future for taxes or other
tax-related economic burdens which it incurs that are attributable to the
Separate Account or allocable to the policy. The operations of the Separate
Account are reported on GIAC's federal income tax return, which is then
consolidated with that of GIAC's parent, Guardian Life.
GIAC currently imposes a 1% federal tax charge on Basic Scheduled Premiums and
unscheduled payments that relates to its increased corporate income tax
liability under Section 848 of the Internal Revenue Code. Section 848 requires
all life insurance companies to amortize certain policy acquisition expenses
over 10 years. See "Deductions From Policy Premiums and Unscheduled Payments."
GIAC may have to pay state, local and other taxes in addition to premium taxes.
At present, these taxes are not substantial. If they increase, charges may be
made for such taxes that are attributable to the Separate Account or allocable
to the policy.
Income Tax Withholding
GIAC is generally required to withhold for income taxes applicable to taxable
distributions. A policyowner can elect in writing to not have income taxes
withheld. If income tax is not withheld for a taxable distribution, or if an
insufficient amount is withheld, tax payments may be required from the
policyowner later. Under the applicable tax rules, penalties may be assessed
against the policyowner if withholding or estimated tax payments are
insufficient. GIAC may also be required to withhold GST taxes if it does not
receive satisfactory written notification that no such taxes are due.
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THE VARIABLE INVESTMENT OPTIONS
THE SEPARATE ACCOUNT
The Separate Account was established by resolution of GIAC's Board of Directors
on November 18, 1993 under the insurance law of the state of Delaware, and meets
the definition of "separate account" under the federal securities laws. The
Separate Account is registered with the SEC as a unit investment trust, which is
a type of investment company under the Investment Company Act of 1940 (the "1940
Act"). A unit investment trust invests its assets in specified securities, such
as the shares of one or more registered mutual funds, rather than a portfolio of
unspecified securities. Registration under the 1940 Act does not involve any
supervision by the SEC of the investment management or programs of the Separate
Account or GIAC. Under Delaware law, however, both GIAC and the Separate Account
are subject to regulation by the Delaware Insurance Commissioner. GIAC is also
subject to the insurance laws and regulations of all states and jurisdictions
where it is authorized to conduct business.
GIAC owns the assets held in the Separate Account. The assets equal to the
reserves and other liabilities of the Separate Account are used only to support
the variable life insurance policies issued through the Separate Account.
Delaware insurance law provides that such assets may not be used to satisfy
liabilities arising from any other business that GIAC may conduct. This means
that the assets supporting Policy Account Values maintained in the Variable
Investment Options are not available to meet the claims of GIAC's general
creditors. GIAC may also retain in the Separate Account assets that exceed the
reserves and other liabilities of the Separate Account. Such assets can include
GIAC's direct contributions to the Account, accumulated charges for mortality
and expense risks, mortality gains and losses, or the investment results
attributable to GIAC's retained assets. Because such retained assets do not
support Policy Account Values, GIAC may transfer them from the Separate Account
to its general account.
The Separate Account presently has six investment divisions, each of which
invests in shares of a corresponding mutual fund. The funds are briefly
described below. More complete information about the mutual funds, including all
fees and expenses, appear in the prospectuses which accompany this prospectus.
THE FUNDS
Each of the funds is an open-end diversified management investment company, and
is registered with the SEC under the 1940 Act. Such registration does not
involve any supervision by the SEC of the investment management or policies of
the funds. The funds do not impose a sales charge or "load" for buying and
selling their shares, so GIAC buys and sells shares at net asset value in
response to policyowner-requested and other policy transactions.
Presently, policy and contract values attributable to both variable life
insurance policies and variable annuities may be invested in the funds through
GIAC's separate accounts. While each fund's Board of Directors intends to
monitor events in order to identify and, if deemed necessary, act upon any
material irreconcilable conflicts that may possibly arise, GIAC may also take
action to protect policyowners. See "Rights Reserved by GIAC" and the
accompanying prospectuses for the mutual funds.
Investment Objectives and Policies of the Funds
Each fund has a different investment objective that it tries to achieve by
following specified investment policies. The objective and policies of each fund
will affect its potential returns and its risks. There is no guarantee that a
fund will achieve its investment objective. The following chart states each
fund's objective and lists typical portfolio investments.
FUND INVESTMENT OBJECTIVE TYPICAL INVESTMENTS
- --------------------------------------------------------------------------------
Stock Fund Long-term growth of capital U.S. common stocks
and convertible securities
Bond Fund Maximum income with- investment grade
out undue risk of debt obligations and
principal U.S. government securities
Cash Fund High level of current money market
income; preservation instruments
of capital
International Long-term capital common stocks and
appreciation convertible
securities issued
by foreign companies
Centurion Long-term growth of U.S. common stocks
capital ranked 1 or 2 by
the Value Line
Ranking System*
Strategic High total investment U.S. common stocks,
Asset return consistent ranked 1 or 2 by
Management with reasonable risk he Value Line
Ranking System,*
bonds and money
market instruments
*The Value Line Ranking System has been used substantially in its present form
since 1965. The System ranks stocks on a scale of 1 (highest) to 5 (lowest) for
year-ahead relative performance (timeliness).
Investment Performance of the Funds
The average annual total returns shown below are based on the actual investment
performance of the mutual funds for years ended December 31, 1995. They reflect
the deduction of investment advisory fees and operating expenses, and assume the
reinvestment of all dividends and capital gains distributed by the funds. These
returns are not illustrative of how actual investment performance will affect
the benefits provided by a Park Avenue Life policy because they do not reflect
the effects of the
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deductions and charges that GIAC makes under the policy's terms. Moreover, these
returns are not an estimate or prediction of future performance. They may be
useful, though, in assessing the past performance of the investment advisers of
the funds. Total returns for The Guardian Cash Fund are not presented.
FUND NAME YEARS ENDING DECEMBER 31, 1995
AND Since
INCEPTION DATE 1 Year 5 Years 10 Years Inception
- --------------------------------------------------------------------------------
Stock 34.65% 21.09% 15.07% 15.95%
(4/13/83)
Bond 17.59% 9.31% 9.22% 9.93%
(4/29/83)
International 11.23% NA NA 8.45%
(2/8/91)
Strategic Asset 28.54% 17.66% NA 14.04%
Management
(10/1/87)
Centurion 40.08% 19.25% 15.12% 13.29%
(11/15/83)
For more information about past performance, see Appendix B.
THESE TOTAL RETURNS ARE FOR THE FUNDS ONLY AND DO NOT REFLECT THE EFFECTS OF
DEDUCTIONS FROM POLICY PREMIUMS AND UNSCHEDULED PAYMENTS, MONTHLY DEDUCTIONS,
TRANSACTION DEDUCTIONS OR DEDUCTIONS FROM THE SEPARATE ACCOUNT. FOR INFORMATION
ABOUT THE POSSIBLE EFFECTS OF THESE DEDUCTIONS, SEE APPENDIX B. INCLUDING THE
EFFECTS OF THESE DEDUCTIONS REDUCES RETURNS. SEE ALSO "DEFINITIONS" AND
"DEDUCTIONS AND CHARGES" FOR ADDITIONAL INFORMATION.
THE FUNDS' INVESTMENT ADVISERS
Guardian Investor Services Corporation
The Guardian Stock Fund, The Guardian Bond Fund and The Guardian Cash Fund (the
"Guardian funds") are advised by Guardian Investor Services Corporation
("GISC"), 201 Park Avenue South, New York, New York 10003. GISC is registered as
an investment adviser under the Investment Advisers Act of 1940 (the "Advisers
Act"). GISC is wholly owned by GIAC. Each of the Guardian funds pays GISC an
investment advisory fee at an annual rate of 0.50% of the fund's average daily
net assets for the services and facilities GISC provides to the fund. GISC also
serves as the investment adviser to five of the six series comprising The Park
Avenue Portfolio, a family of mutual funds, serves as manager of Gabelli Capital
Asset Fund and is co-adviser of another GIAC separate account.
Guardian Baillie Gifford Limited
The Baillie Gifford International Fund series of GBG Funds, Inc. is advised by
Guardian Baillie Gifford Limited ("GBG"), 1 Rutland Court, Edinburgh, EH3 8EY,
Scotland. GBG is registered as an investment adviser under the Advisers Act and
is a member of Great Britain's Investment Management Regulatory Organization
Limited ("IMRO"). GBG was incorporated in Scotland by GIAC and Baillie Gifford
Overseas Limited ("BG Overseas") in November 1990. GBG is also the investment
adviser of one of the six series comprising The Park Avenue Portfolio and the
second series within GBG Funds, Inc. Baillie Gifford International Fund pays GBG
an investment advisory fee at an annual rate of 0.80% of the fund's average
daily net assets for the services and facilities GBG provides to the fund.
Baillie Gifford Overseas Limited
GBG has appointed BG Overseas to serve as sub-investment adviser to Baillie
Gifford International Fund. Like GBG, BG Overseas is located at 1 Rutland Court,
Edinburgh, EH3 8EY, Scotland. BG Overseas is also registered under the Advisers
Act and is a member of IMRO. BG Overseas is wholly owned by Baillie Gifford &
Co., which is currently one of the largest investment management partnerships in
the United Kingdom. BG Overseas advises several institutional clients situated
outside of the United Kingdom, and is also the sub-investment adviser to the
series of The Park Avenue Portfolio that is advised by GBG and the second series
within GBG Funds, Inc. One half of the investment advisory fee paid by Baillie
Gifford International Fund to GBG is payable by GBG to BG Overseas for its
services as the fund's sub-investment adviser. No separate or additional fee is
paid by the fund to BG Overseas.
Value Line, Inc.
Value Line Strategic Asset Management Trust and Value Line Centurion Fund are
advised by Value Line, Inc. ("Value Line"), 220 East 42nd Street, New York, New
York 10017. Value Line is registered as an investment adviser under the Advisers
Act. Each of the Value Line funds pays Value Line an investment advisory fee at
an annual rate of 0.50% of the fund's average daily net assets for the services
and facilities Value Line provides to the fund. Value Line also serves as the
investment adviser to its own family of mutual funds and publishes The Value
Line Investment Survey and The Value Line Mutual Fund Survey.
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<PAGE>
THE FIXED-RATE OPTION
GENERAL INFORMATION
The policyowner may allocate some or all of the Net Premiums paid under a policy
or transfer some or all of the Policy Account Value that is attributable to the
Variable Investment Options to Park Avenue Life's fixed-rate option. As
described elsewhere in this prospectus, certain restrictions apply to transfers
out of the fixed-rate option, and GIAC will use amounts in the fixed-rate option
as the last source of funds for certain policy transactions. The fixed-rate
option is funded by GIAC's general account.
Because of exemptive and exclusionary provisions, interests in the fixed-rate
option are not registered under the Securities Act of 1933, and neither the
fixed-rate option nor GIAC's general account are registered as investment
companies under the 1940 Act. GIAC has been advised that the staff of the SEC
does not review prospectus disclosures relating to unregistered allocation and
transfer options, but such disclosures may be subject to certain generally
applicable provisions of the federal securities laws regarding the accuracy and
completeness of statements made in prospectuses.
The fixed-rate option is only available under the policy in states where it has
been approved by the state insurance department.
AMOUNTS IN THE FIXED-RATE OPTION
The sources of the Policy Account Value attributable to the fixed-rate option
are:
o Net Premiums and loan repayments that have been allocated and remain
credited to the option, plus
o amounts transferred to the option from the Variable Investment Options
which remain credited to the fixed-rate option, plus
o interest paid on amounts held in the option.
GIAC guarantees that amounts invested in the fixed-rate option will accrue
interest daily at an effective annual rate of at least 4%. GIAC is not obligated
to credit interest at a rate higher than 4%, although it may do so at its sole
discretion. GIAC declares the current interest rate for the fixed-rate option
periodically.
The Policy Account Value attributable to the fixed-rate option on the Policy
Date or any Policy Anniversary will earn interest at the annual rate in effect
on that day for the next 12 months, when it will be accumulated together with
the following amounts to earn the interest rate then in effect for the next 12
months:
o amounts allocated or transferred to the fixed-rate option during such
12 months; and
o interest credited on all amounts attributable to the fixed-rate option
during such 12 months
Amounts allocated or transferred to the fixed-rate option on a date other than
the Policy Date or a Policy Anniversary will earn interest at the rate in effect
on the date of the applicable transaction until the next Policy Anniversary.
Accordingly, the effective interest rate credited at any time to a policy with
amounts in the fixed-rate option will be a weighted average of all the
fixed-rate option interest rates which then apply to the Policy Account Value in
the fixed-rate option.
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<PAGE>
VOTING RIGHTS
As explained under "The Variable Investment Options," GIAC invests the assets of
the Separate Account's investment divisions in shares of certain corresponding
mutual funds. GIAC is the record owner of such shares and will attend and has
the right to vote at any meeting of a fund's shareholders.
To the extent required by applicable law, GIAC will vote the fund shares that it
owns through the Separate Account according to instructions received from Park
Avenue Life policyowners. GIAC will vote shares for which no instructions are
received in the same proportion as it votes shares for which it has received
instructions. GIAC will vote any mutual fund shares that it is entitled to vote
directly due to amounts it has contributed or accumulated in the applicable
investment division in the same proportion as all of its policyowners and
contractowners vote, including those who participate in other GIAC separate
accounts. If the applicable law or interpretations thereof change so as to
permit GIAC to vote a fund's shares in GIAC's own right or to restrict
policyowner voting, GIAC reserves the right to do so.
GIAC will seek voting instructions from Park Avenue Life policyowners for the
number of shares attributable to their policies. Policyowners are entitled to
provide instructions if, on the applicable record date, they have allocated
Policy Account Values to the investment division that corresponds to the mutual
fund for which a shareholder meeting is called. The record date shall be at
least 10 and no more than 90 days before the meeting. GIAC determines the number
of shares attributable to a policy by dividing the Policy Account Value in the
applicable investment division by the net asset value per fund share as of the
record date. Fractional shares are counted.
If permitted by state insurance regulatory authorities, GIAC may disregard
voting instructions relating to changes in a mutual fund's investment adviser,
investment advisory contract, investment objective or investment policies. GIAC
will only take such action if it reasonably disapproves the proposed changes,
and, in the case of a change in investment adviser or an investment policy, if
it makes a good faith determination that the proposed change is contrary to
state law or otherwise inappropriate in view of the fund's investment objective
and purpose. GIAC will explain its actions in the next semi-annual report to
policyowners.
Certain actions which GIAC may take relating to the operations of the Separate
Account may require policyowner approval. See "Rights Reserved by GIAC." If a
vote is required, each policyowner will be entitled to one vote for every $100
of value held in the Separate Account's investment divisions. GIAC will cast
votes attributable to its direct investments in the investment divisions in the
same proportion as votes cast by policyowners.
There are no voting rights with respect to the fixed-rate option.
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<PAGE>
DISTRIBUTION OF THE POLICY AND OTHER CONTRACTUAL ARRANGEMENTS
In its capacity as a broker-dealer registered under the Securities and Exchange
Act of 1934 (the "1934 Act") and as a member of the National Association of
Securities Dealers, Inc., GISC has entered into a distribution agreement with
GIAC to serve as the principal underwriter of the policies and the other
variable annuity contracts and variable life insurance policies issued by GIAC
through its separate accounts. The amounts paid or accrued to GISC by GIAC under
the distribution agreement totalled $1,738,613, $1,709,799 and $1,409,708 during
the years ended December 31, 1993, 1994 and 1995, respectively. GISC is a New
York corporation.
GIAC agents who are licensed by state insurance authorities to sell variable
life insurance policies must also be registered representatives of GISC or of
broker-dealer firms which have entered into sales agreements with GISC and GIAC
to sell Park Avenue Life. GIAC's agents receive sales commissions that are paid
from GIAC's resources, including amounts collected as premium sales charges and
deferred sales charges. If a policy is returned as provided in its Free Look
provision, or is surrendered or lapses at any time during the first 18 policy
months, some or all of the sales commission paid may be recovered by GIAC from
the agent.
The maximum commission that GIAC will pay to an agent for selling a policy is
50% of the Policy Premium paid for the first policy year; 5% of the Policy
Premiums paid for policy years two through ten; and 2% of the Policy Premiums
paid for policy years thereafter. GIAC also pays commissions equal to 3.5% of
each unscheduled payment made during policy years one through ten. Commissions
for unscheduled payments are reduced to 2% in policy years thereafter. GIAC may
also pay commission overrides, expense allowances, bonuses, wholesaler fees and
training allowances in connection with the marketing and sale of Park Avenue
Life policies. In addition, agents who meet specified production levels may
qualify for non-cash compensation such as merchandise and expense-paid trips or
educational seminars.
GIAC has entered into an administrative services agreement with its parent,
Guardian Life. Under this agreement, GIAC is billed quarterly by Guardian Life
for the time spent by Guardian Life's employees on GIAC's business, and for
GIAC's use of Guardian Life's centralized services and sales force.
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<PAGE>
LIMITS TO GIAC'S RIGHT TO CHALLENGE A POLICY
Incontestability
Generally, GIAC may not challenge the validity of a policy that has been in
force during the insured's lifetime for two years from the Issue Date or date of
reinstatement if the Policy Premiums have been paid. If the death benefit is
changed from Option 1 to Option 2, GIAC may challenge any increase in the death
benefit that has been effective during the insured's lifetime for less than two
years from the effective date of the change.
Misstatement of Age or Sex
If the insured's age or sex was misstated in the application for a Park Avenue
Life policy, the death benefit under the policy will be that which would be
purchased by the most recent deduction for the cost of insurance under the
policy and any rider premium payment, using the correct age or sex.
GIAC may be restricted from varying a policy's benefits based on sex in certain
jurisdictions. GIAC offers a version of the policy that does not vary benefits
for men and women for use in such jurisdictions.
Suicide Exclusion
If the insured commits suicide, while sane or insane, within two years from the
Issue Date, GIAC's liability will be limited to the greater of the policy's Net
Cash Surrender Value on the date of death, or an amount equal to:
o the Policy Premiums paid, plus
o any unscheduled payments made, minus
o any Policy Debt; and minus
o any partial withdrawals made and the related charges deducted in
connection with such withdrawals.
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<PAGE>
GIAC'S MANAGEMENT
The names of GIAC's directors and officers and a brief statement of each
person's business experience for the past five years appears below. Unless
otherwise noted, the business address for these individuals is 201 Park Avenue
South, New York, New York 10003.
The directors and officers of GIAC are named below together with information
about their principal occupations and affiliations during the past five years.
The business address of each director and officer is 201 Park Avenue South, New
York, New York 10003. The "Guardian Fund Complex" referred to in the
biographical information is comprised of (1) The Guardian Stock Fund, (2) The
Guardian Bond Fund, (3) The Guardian Cash Fund, (4) The Park Avenue Portfolio (a
series trust that issues its shares in six series) and (5) GBG Funds, Inc. (a
series fund that issues its shares in two series).
Name Title Business History
CHARLES E. ALBERS Vice President, Senior Vice President, The
Equity Securities Guardian Life Insurance
Company of America 1/91 -
present; Vice President prior
thereto. Executive Vice
President of Guardian Investor
Services Corporation and
Guardian Asset Management
Corporation. Officer of four
mutual funds within the
Guardian Fund Complex.
MICHELE S. BABAKIAN Vice President Vice President, Fixed Income
Securities, The Guardian Life
Insurance Company of America
1/95 - present; Second Vice
President prior thereto. Vice
President of Guardian Asset
Management Corporation,
Guardian Investor Services
Corporation and three mutual
funds within the Guardian Fund
Complex.
JOSEPH A. CARUSO Secretary Vice President and Corporate
Secretary, The Guardian Life
Insurance Company of America
3/96 - present; Second Vice
President and Corporate
Secretary 1/95 - 2/96;
Corporate Secretary 10/92 -
12/94; Assistant Secretary
1/91-10/92; Manager, Board
Relations prior thereto.
Secretary, Guardian Investor
Services Corporation, Guardian
Asset Management Corporation,
Guardian Baillie Gifford
Limited and five mutual funds
within the Guardian Fund
Complex.
PEGGY L. COPPOLA Assistant Assistant Vice President, GISC
Vice President Agency Division, The Guardian
Life Insurance Company of
America 3/96 - present;
Director, GISC Agency Division
4/94 - 2/96; Manager, GISC
Agency Division prior thereto.
Assistant Vice President,
Guardian Investor Services
Corporation.
KAREN DICKINSON Assistant Secretary Assistant Secretary, The
and Secretary Pro Tem Guardian Life Insurance
Company of America, Guardian
Investor Services Corporation
and five mutual funds within
the Guardian Fund Complex.
PHILIP H. DUTTER Director Management Consultant
(self-employed). Director of
The Guardian Life Insurance
Company of America 3/88 -
present. Director of Guardian
Investor Services Corporation.
JOHN M. EMANUELE Treasurer Treasurer, The Guardian Life
Insurance Company of America
1/84 - present. Treasurer of
Guardian Investor Services
Corporation.
JOHN M. FAGAN Vice President Vice President, Life Policy
Operations, The Guardian Life
Insurance Company of America
3/92 - present; Vice
President, Equity
Administration prior thereto.
Vice President of Guardian
Investor Services Corporation.
37
<PAGE>
Name Title Business History
ARTHUR V. FERRARA Director Retired. Chairman of the Board
and Chief Executive Officer,
The Guardian Life Insurance
Company of America 1/93 -
12/95; President and Chief
Executive Officer prior
thereto. Director 1/81 -
present. Director (Trustee) of
Guardian Investor Services
Corporation and five mutual
funds within the Guardian Fund
Complex.
RODOLFO E. Chief Medical Director Vice President and Chief
FIDELINO, M.D. Medical Director, The Guardian
Life Insurance Company of
America 1/92 - present. Vice
President and Medical
Director, Security Benefit
Life prior thereto.
CHARLES G. FISHER Vice President Second Vice President and
and Actuary Actuary, The Guardian Life
Insurance Company of America
12/86 - present.
WILLIAM C. FRENTZ Vice President, Vice President, Real Estate,
Real Estate The Guardian Life Insurance
Company of America 1/85 -
present.
LEO R. FUTIA Director Retired. Former Chairman of
the Board and Chief Executive
Officer, The Guardian Life
Insurance Company of America;
Director 5/70 - present.
Director (Trustee) of Guardian
Investor Services Corporation
and five mutual funds within
the Guardian Fund Complex.
Director (Trustee) of various
mutual funds sponsored by
Value Line, Inc.
ALEXANDER M. GRANT, JR. Second Vice President Assistant Vice President,
Investments, The Guardian Life
Insurance Company of America
9/93 - present; Investment
Officer prior thereto. Second
Vice President, Guardian
Investor Services Corporation.
Officer of three mutual funds
within the Guardian Fund
Complex.
RAYMOND J. HENRY Second Vice President Second Vice President, Fixed
Income Securities, The
Guardian Life Insurance
Company of America 1/94 -
present; Assistant Vice
President prior thereto.
THOMAS R. HICKEY, JR. Vice President, Vice President, Equity
Operations Operations, The Guardian Life
Insurance Company of America
3/92 - present; Second Vice
President and Equity Counsel
prior thereto. Vice President,
Guardian Investor Services
Corporation. Vice President of
five mutual funds within the
Guardian Fund Complex.
PETER L. HUTCHINGS Director Executive Vice President and
Chief Financial Officer, The
Guardian Life Insurance
Company of America 5/87 -
present. Director of Guardian
Investor Services Corporation
and Guardian Asset Management
Corporation.
PAUL IANNELLI Assistant Vice President Assistant Equity Controller,
The Guardian Life Insurance
Company of America 4/94 -
present; Manager, Equity
Accounting prior thereto.
Assistant Controller, Guardian
Investor Services Corporation.
RYAN W. JOHNSON Vice President and Second Vice President, Equity
National Sales Director Sales, The Guardian Life
Insurance Company of America
3/95 - present; Regional Sales
Director for Equity Products,
Western Division, prior
thereto.
FRANK J. JONES Executive Vice Executive Vice President and
President, Chief Investment Officer, The
Chief Investment Officer Guardian Life Insurance
and Director Company of America 1/94 -
present; Senior Vice President
and Chief Investment Officer
8/91 - 12/93. First Vice
President, Director of Global
Fixed Income Research and
Economics, Merrill Lynch & Co.
prior thereto. Director,
Guardian Investor Services
Corporation, Guardian Baillie
Gifford Limited and Guardian
Asset Management Corporation.
Officer of three mutual funds
within the Guardian Fund
Complex.
38
<PAGE>
Name Title Business History
EDWARD K. KANE Senior Vice President, Senior Vice President and
General Counsel and General Counsel, The Guardian
Director Life Insurance Company of
America 1/83 - present;
Director 11/88 - present.
Senior Vice President, General
Counsel and Director, Guardian
Investor Services Corporation.
Director, Guardian Asset
Management Corporation.
ANN T. KEARNEY Second Vice President Second Vice President, Group
Pensions, The Guardian Life
Insurance Company of America
1/95 - present; Assistant Vice
President and Equity
Controller 6/94 - 12/94;
Assistant Controller prior
thereto. Controller of five
mutual funds within the
Guardian Fund Complex.
GARY B. LENDERINK Vice President, Group Vice President, Group
Pensions Pensions, The Guardian Life
Insurance Company of America
1/95 - present; Second Vice
President prior thereto.
PAUL PARENTEAU Assistant Vice President Director, Variable Products
Administration, The Guardian
Life Insurance Company of
America 1/94 - present;
Manager, Variable Annuity
Administration prior thereto.
FRANK L. PEPE Vice President Vice President and Controller,
and Controller Equity Products, The Guardian
Life Insurance Company of
America 1/96 - present; Second
Vice President and Controller,
Equity Products prior thereto.
Vice President and Controller
of Guardian Investor Services
Corporation. Officer of five
mutual funds within the
Guardian Fund Complex.
RICHARD T. POTTER, JR. Vice President and Vice President and Equity
Counsel Counsel, The Guardian Life
Insurance Company of America
1/96 - present; Second Vice
President and Equity Counsel
1/93 - 12/95; Counsel 1/92 -
12/92. Vice President-Counsel,
Home Life Insurance Company
prior thereto. Vice President
and Counsel of Guardian
Investor Services Corporation.
Counsel of Guardian Asset
Management Corporation and
five mutual funds within the
Guardian Fund Complex.
JOSEPH D. SARGENT President, Chief President, Chief Executive
Executive Officer Officer and Director, The
and Director Guardian Life Insurance
Company of America 1/96 -
present; President 1/93 -
12/95; Executive Vice
President prior thereto;
Director 1/93-present.
Chairman of the Board of
Guardian Investor Services
Corporation and Guardian Asset
Management Corporation and
five mutual funds within the
Guardian Fund Complex.
Director of Guardian Baillie
Gifford Limited.
JOHN M. SMITH Executive Executive Vice President, The
Vice President Guardian Life Insurance
and Director Company of America 1/95 -
present; Senior Vice
President, Equity Products
prior thereto. President and
Director, Guardian Investor
Services Corporation and
Guardian Asset Management
Corporation. President, GBG
Funds, Inc. Director, Guardian
Baillie Gifford Limited.
DONALD P. SULLIVAN, JR. Vice President Second Vice President, The
Guardian Life Insurance
Company of America
1/95-present; Assistant Vice
President prior thereto. Vice
President of Guardian Investor
Services Corporation.
WILLIAM C. WARREN Director Retired. Dean Emeritus,
Columbia Law School. Former
Chairman of the Board, Sandoz,
Inc.; Director of The Guardian
Life Insurance Company of
America since 1/57 and
Director of Guardian Investor
Services Corporation.
No officer or director of GIAC receives any compensation from the Account. No
separately allocable compensation has been paid by GIAC, or any of its
affiliates, to any person listed above for services rendered to the Separate
Account.
39
<PAGE>
OTHER INFORMATION
Rights Reserved by GIAC
GIAC reserves the right to make certain changes or take actions that it deems to
serve the best interests of its Park Avenue Life policyowners and their
beneficiaries, or which it deems appropriate to carry out the purposes of the
policy. GIAC will only exercise its reserved rights to the extent and in the
manner permitted by applicable laws. Also, when required by law, GIAC will
obtain approval of its changes or actions from appropriate regulatory
authorities and/or policyowners. Examples of the changes or actions that GIAC
may implement include:
o Operating the Separate Account in any form permitted under the 1940
Act, or in any other form permitted by law.
o Taking any action necessary to comply with or obtain and continue any
exemptions from the 1940 Act.
o Deregistering the Separate Account under the 1940 Act.
o Transferring assets in a Separate Account investment division to
another investment division, or to one or more separate accounts, or
to GIAC's general account.
o Adding, combining or removing investment divisions in the Separate
Account.
o Substituting, for the mutual fund shares held in any investment
division, the shares of another class issued by such mutual fund or
the shares of another investment company or any other investment
permitted by law.
o Adding to, eliminating or suspending the policyowner's ability to
allocate Net Premiums or transfer amounts to any Variable Investment
Option or the fixed-rate option.
o Changing the way GIAC deducts or collects charges under a policy, but
without increasing the charges unless and to the extent permitted by
other provisions of the policy.
o Modifying the policy as necessary to ensure that it continues to
qualify as life insurance under the Internal Revenue Code or to
preserve favorable tax treatment of the benefits provided by the
policy.
o Making any other technical changes in the policy required to conform
it with any action permitted to be taken by GIAC.
GIAC will notify policyowners who have allocated Policy Account Values to a
Variable Investment Option if any action taken by GIAC results in a material
change in that Investment Option's investments. An affected policyowner who
objects to the change may request a transfer from such Variable Investment
Option to any of the other options offered under the policy, including the
fixed-rate option, within 60 days of the postmark on the notice. GIAC will
effect the transfer as described under "Transfers," without charge.
Free Look
A policyowner may cancel a policy by returning it and a written cancellation
notice to GIAC's Executive Office or the agent from whom it was purchased
within: 10 days after receiving it; or 45 days from the date Part 1 of the
completed application for the policy was signed; or 10 days after GIAC mails to
the policyowner a Notice of Withdrawal Right, whichever is latest. Any mailed
notice given by the policyowner or GIAC shall be effective when it is
postmarked. GIAC will promptly refund all Policy Premiums and unscheduled
payments submitted before cancellation, but may delay refunding amounts paid by
check until the check has cleared. Longer Free Look periods may apply in certain
states for some or all Park Avenue Life policies issued there. Policies issued
in such states will state the applicable Free Look period. A policy that is
returned for cancellation under the Free Look provision will be void from the
beginning.
Policyowner and Beneficiary
The policyowner is named in the application for a Park Avenue Life policy, but
can be changed from time to time. While the insured is living and subject to any
assignment shown on GIAC's records, only the policyowner named on GIAC's records
has the right to receive benefits or exercise the rights granted by the policy,
including the right to change the policyowner. See "Assignment." When the
policyowner dies, his or her estate becomes the policyowner, unless a successor
owner is named. Since the policyowner's rights terminate when the insured dies,
no successor owner is permitted when the insured and the policyowner are the
same person.
Joint policyowners are permitted. With the exception of transfer requests, all
requests for policy transactions and policy changes must be signed by all of the
joint owners named on GIAC's records. When a joint policyowner dies, the
surviving joint owner(s) succeed equally to the deceased owner's interest,
unless otherwise provided. The estate of the last surviving joint owner becomes
the policyowner on such owner's death, unless otherwise provided. The
beneficiary is named in the application for a Park Avenue Life policy, but can
be changed from time to time before the insured's death. Contingent and
concurrent beneficiaries are permitted. A beneficiary has no rights under a
policy until the insured dies. An individual must survive the insured to qualify
as a beneficiary, as specified in the policy. If no beneficiary survives the
insured, the policyowner (or his or her estate) is the beneficiary.
Any request to change the policyowner or beneficiary must be made in written
form satisfactory to GIAC, and must be signed and dated by the policyowner(s)
then named on GIAC's records. The change will be effective as of the date the
change request was signed. However, the change will not apply to any payments
made or actions taken by GIAC under the policy on or before the date the change
request is received at GIAC's Executive Office.
40
<PAGE>
Assignment
A Park Avenue Life policy may be assigned. However, GIAC will not be bound by an
assignment unless and until the original or a copy of the assignment (which has
been signed and dated by the assignor and the assignee and, as applicable, the
beneficiary(ies)) is received at its Executive Office. Assignments are subject
to all payments made or actions taken by GIAC on or before the date it receives
the assignment. GIAC is not responsible for determining the validity of any
assignment.
Unless otherwise provided, the assignee may exercise all rights granted by the
policy except:
o the right to change the owner or beneficiary;
o the right to elect a payment option; or
o the right to allocate or transfer amounts among the Variable
Investment Options and the fixed-rate option.
Communications From GIAC
Shortly after each Policy Anniversary, GIAC will send the policyowner a
statement that shows the following information as of the most recent Policy
Anniversary: (1) the amount of death benefit provided by the then effective
death benefit option; (2) the allocation instructions for Net Premium payments;
(3) the Policy Account Value, Cash Surrender Value, Net Cash Surrender Value and
Benchmark Value; (4) the amount of the Policy Account Value attributable to each
of the options offered under the policy; (5) the amount of Policy Premiums and
unscheduled payments received, and charges deducted, since the last annual
statement; (6) transfers and partial withdrawals effected since the last annual
statement; (7) loans made and loan repayments received since the last annual
statement; (8) the outstanding Policy Debt; and (9) the interest rate in effect
for the fixed-rate option. Also, twice each year, policyowners will receive
reports containing financial statements for the Separate Account and the mutual
funds. Of these, the annual report will contain audited financial statements.
GIAC will send notices to confirm the receipt of Policy Premiums and unscheduled
payments, transfers and certain other policy transactions, or to request a
premium or loan repayment to prevent policy lapse.
Communications With GIAC
GIAC cannot act upon requests for policy transactions or changes, or credit
Policy Premiums and unscheduled payments, unless such items are received at the
Executive Office in a form that is acceptable to GIAC. All written
communications to GIAC must include the policy number, full name(s) of the
policyowner(s) and insured, and the policyowner's current address.
Also, policyowners can call 1-800-935-4128 during normal business hours, New
York City time, for information about policy values.
Advertising Practices
Advertisements or sales materials for Park Avenue Life may refer to or reprint
all or portions of articles, or reports about variable life insurance generally
and Park Avenue Life specifically. In addition, information that appears in
financial, business or general interest publications may be referred to or
reprinted in Park Avenue Life's promotional materials. None of the contents of
these materials will be indicative of the future performance or results that may
be obtained by purchasers of the policy.
Advertisements and sales materials for Park Avenue Life may compare the
performance or independent ranking of one or more of the Variable Investment
Options or their corresponding mutual funds to: (1) other insurance company
separate accounts and the mutual funds offered through them; (2) other mutual
funds having similar investment objectives and policies; (3) relevant indices of
investment securities or of peer groups of funds; or (4) other investment
vehicles, including accounts or certificates that, unlike the policy, are
guaranteed by governmental entities. Such comparable information may be provided
by Lipper Analytical Services, Inc., Morningstar, Inc. and others.
Advertisements and sales materials about variable life insurance, Park Avenue
Life, the Separate Account or the funds may feature an individual fund or
describe asset levels and sales volumes achieved by GIAC, GISC or others within
the financial services industry. References to personnel of the investment
advisers who have portfolio management responsibilities for the mutual funds
offered through the Separate Account and their investment styles may be
included.
The advertising and sales literature for the policy and the Separate Account may
refer to historical, current and prospective economic trends within the United
States and overseas. In addition, topics of general investor interest, including
college or retirement planning, reasons for investing and historical examples of
the performance of various types of securities or markets may be included.
Legal Proceedings
GIAC is not involved in any legal proceedings which would materially affect its
financial position or the Separate Account.
Legal Matters
The legal validity of the policy described in this prospectus has been passed
upon by Richard T. Potter, Jr., Vice President and Counsel of GIAC.
Registration Statement
This prospectus omits certain information contained in the registration
statement filed with the SEC on behalf of the Separate Account and relating to
the variable life insurance policy described in this prospectus. Copies of such
additional information may be obtained from the SEC's main office in Washington,
DC upon payment of the prescribed fee.
41
<PAGE>
Financial and Actuarial Experts
The financial statements of the Separate Account as of December 31, 1995 and for
the period September 1, 1995 through December 31, 1995, and the financial
statements of GIAC as of December 31, 1995 and December 31, 1994 and for each of
the three years in the period ended December 31, 1995 that are included in this
Prospectus have been so included in reliance on the report of Price Waterhouse
LLP, independent accountants, given on the authority of said firm as experts in
accounting and auditing. Price Waterhouse LLP is located at 1177 Avenue of the
Americas, New York, New York 10036.
The GIAC financial statements contained in this prospectus should be considered
only as bearing upon GIAC's ability to meet its obligations under the Park
Avenue Life policies. They should not be considered as bearing upon the
investment experience of the Separate Account's investment divisions.
Actuarial matters in this prospectus have been examined by Charles G. Fisher,
FSA, Vice President and Actuary of GIAC. His opinion on actuarial matters is
filed as an exhibit to the registration statement filed with the SEC.
42
<PAGE>
THE GUARDIAN SEPARATE ACCOUNT K
STATEMENT OF ASSETS AND LIABILITIES
December 31, 1995
<TABLE>
<S> <C>
Assets
Investments in:
The Guardian Stock Fund, Inc. (5,461 shares at net asset value of $34.72 per share;
FIFO Cost, $192,971) ............................................................ $189,606
The Guardian Bond Fund, Inc. (477 shares at net asset value of $12.25 per share;
FIFO Cost, $5,962) .............................................................. 5,846
The Guardian Cash Fund, Inc. (187 shares at net asset value of $10.00 per share;
which equals cost) .............................................................. 1,872
Baillie Gifford International Fund, Inc. (781 shares at net asset value of $15.37 per
share; FIFO Cost, $12,520) ...................................................... 12,009
Value Line Centurion Fund, Inc. (767 shares at net asset value of $24.25 per share;
FIFO Cost, $18,472) ............................................................. 18,592
Value Line Strategic Asset Management Trust (554 shares at net asset value of
$20.27 per share; FIFO Cost, $11,159) ........................................... 11,227
Total Assets ........................................................................... 239,152
--------
Liabilities
Due to The Guardian Insurance & Annuity Company, Inc. .................................. 55
--------
Net Assets-- Note 4 ....................................................................... $239,097
========
</TABLE>
See notes to financial statements.
43
<PAGE>
THE GUARDIAN SEPARATE ACCOUNT K
COMBINED STATEMENTS OF OPERATIONS
Year Ended December 31, 1995
<TABLE>
<CAPTION>
Value Line
Baillie Strategic
Guardian Guardian Guardian Gifford Value Line Asset
Stock Bond Cash International Centurion Management
Combined Fund Fund Fund Fund Fund Trust
-------- ---- ---- ---- ---- ---- -----
<S> <C> <C> <C> <C> <C> <C> <C>
Investment Income
Income:
Reinvested dividends $ 1,040 $ 723 $ 131 $ 9 $ 177 $ -- $ --
------- ------ ------ ------ ------ ------ ------
Expenses-- Note 3:
Mortality and expense
risk charges ...... 55 45 -- 1 4 4 1
------- ------ ------ ------ ------ ------ ------
Net investment income/
(expense) ......... 985 678 131 8 173 (4) (1)
------- ------ ------ ------ ------ ------ ------
Realized and Unrealized Gain/(Loss) from Investments
Realized gain/(loss) from
investments:
Net realized gain/(loss) from
sale of investments 187 63 -- -- 145 (22) 1
Reinvested realized
gain distributions 4,295 3,835 -- -- 460 -- --
------- ------ ------ ------ ------ ------ ------
Net realized gain/(loss)
on investments ... 4,482 3,898 -- -- 605 (22) 1
------- ------ ------ ------ ------ ------ ------
Unrealized appreciation/(depreciation) of investments:
End of year ....... (3,804) (3,365) (116) -- (511) 120 68
Beginning of year . -- -- -- -- -- -- --
------- ------ ------ ------ ------ ------ ------
Change in unrealized
appreciation/
(depreciation) ... (3,804) (3,365) (116) -- (511) 120 68
------- ------ ------ ------ ------ ------ ------
gain/(loss) from
investments ......... 678 533 (116) -- 94 98 69
------- ------ ------ ------ ------ ------ ------
Net Increase/(Decrease)
in Net Assets Resulting
from Operations ..... $ 1,663 $1,211 $ 15 $ 8 $ 267 $ 94 $ 68
======= ====== ====== ====== ====== ====== ======
</TABLE>
See notes to financial statements.
44
<PAGE>
THE GUARDIAN SEPARATE ACCOUNT K
COMBINED STATEMENTS OF CHANGES IN NET ASSETS
Year Ended December 31, 1995
<TABLE>
<CAPTION>
Value Line
Baillie Strategic
Guardian Guardian Guardian Gifford Value Line Asset
Stock Bond Cash International Centurion Management
Combined Fund Fund Fund Fund Fund Trust
--------- --------- ------- ------- -------- -------- --------
<S> <C> <C> <C> <C> <C> <C> <C>
Net Assets at December 31, 1995
1995 Increase/(Decrease) from Operations
Net investment
income/(expense) ............................ $ 985 $ 678 $ 131 $ 8 $ 173 $ (4) $ (1)
Net realized gain/(loss)
from sale of investments .................... 187 63 -- -- 145 (22) 1
Reinvested realized gain
distributions ............................... 4,295 3,835 -- -- 460 -- --
--------- --------- ------- ------- -------- -------- --------
Change in unrealized
appreciation/(depreciation)
of investments .............................. (3,804) (3,365) (116) -- (511) 120 68
--------- --------- ------- ------- -------- -------- --------
Net increase/(decrease)
resulting from operations ................... 1,663 1,211 15 8 267 94 68
--------- --------- ------- ------- -------- -------- --------
1995 Policy Transactions
Transfer of net premium ...................... 246,245 195,239 5,907 1,969 12,268 19,256 11,606
Transfer of cost insurance ................... (8,860) (6,896) (84) (106) (503) (806) (465)
Transfers-- other ............................ 49 7 8 -- (27) 44 17
--------- --------- ------- ------- -------- -------- --------
Net increase/(decrease)
from policy transactions .................... 237,434 188,350 5,831 1,863 11,738 18,494 11,158
--------- --------- ------- ------- -------- -------- --------
Total Increase/(Decrease)
in Net Assets ................................. 239,097 189,561 5,846 1,871 12,005 18,588 11,226
Net Assets at December
31, 1994 .................................... -- -- -- -- -- -- --
--------- --------- ------- ------- -------- -------- --------
Net Assets at December
31, 1995-- Note 4 ........................... $ 239,097 $ 189,561 $ 5,846 $ 1,871 $ 12,005 $ 18,588 $ 11,226
========= ========= ======= ======= ======== ======== ========
</TABLE>
See notes to financial statements.
45
<PAGE>
THE GUARDIAN SERAPATE ACCOUNT K
NOTES TO FINANCIAL STATEMENTS
December 31, 1995
Note 1 -- Organization
The Guardian Separate Account K (the Account), a unit investment trust
registered under the Investment Company Act of 1940, as amended, was established
by The Guardian Insurance & Annuity Company, Inc. (GIAC) on September 1, 1995
and commenced operations on October 1, 1995. GIAC is a wholly owned subsidiary
of The Guardian Life Insurance Company of America (Guardian Life). GIAC issues
the annual premium variable life insurance policies offered through the Account.
GIAC provides for variable accumulations and benefits under the policies by
crediting the net premium payments to one or more investment divisions
established within the Account as selected by the policyowner. The policyowner
also has the ability to transfer his or her policy value among the investment
divisions within the Account. The Account currently comprises six investment
divisions which invest in shares of the following mutual funds: The Guardian
Stock Fund, Inc. (GSF), The Guardian Bond Fund, Inc. (GBF), The Guardian Cash
Fund, Inc. (GCF), Baillie Gifford International Fund (BGIF), Value Line
Centurion Fund, Inc. and Value Line Strategic Asset Management Trust
(collectively, the Funds and individually, a Fund).
GSF, GBF and GCF each has an investment advisory agreement with Guardian
Investor Services Corporation, a wholly owned subsidiary of GIAC. BGIF is
managed by Guardian Baillie Gifford Ltd., a joint venture company formed by GIAC
and Baillie Gifford Overseas Ltd.
Under applicable insurance law, the assets and liabilities of the Account
are clearly identified and distinguished from the other assets and liabilities
of GIAC. The assets of the Account will not be charged with any liabilities
arising out of any other business conducted by GIAC, but the obligations of the
Account, including the promise to make benefit payments, are obligations of
GIAC.
The changes in net assets maintained in the Account provide the basis for
the periodic determination of benefits under the policies. The net assets may
not be less than the amount required under state insurance laws to provide for
death benefits (without regard to the minimum death benefit guarantee) and other
policy benefits. Additional assets are held in GIAC's general account to cover
the contingency that the guaranteed minimum death benefit might exceed the death
benefit which would have been payable in the absence of such guarantee.
Note 2 -- Significant Accounting Policies
The following is a summary of significant accounting policies of the
Account.
Investments
(a) Net proceeds from the sale of annual premium variable life insurance
policies are invested by the Account's investment divisions in shares of the
corresponding Funds at the net asset value of each Fund's shares. All
distributions made by a Fund are reinvested in shares of the same Fund.
(b) The market value of the investments in the Funds is based on the net asset
value of the respective Funds as of their close of business on the valuation
date.
(c) Investment transactions are accounted for on the trade date and income is
recorded on the ex-dividend date.
(d) The cost of investments sold is determined on a first in, first out (FIFO)
basis.
During the year ended December 31, 1995, purchases of shares of the Funds
aggregated $255,143. Aggregate sales of shares of the Funds amounted to $12,373
for the year ended December 31, 1995.
Federal Income Taxes
The operations of the Account are part of the operations of GIAC and, as
such, are included in the combined tax return of GIAC. GIAC is taxed as a life
insurance company under the Internal Revenue Code of 1986, as amended.
Under current tax law, no federal taxes are payable by GIAC with respect
to the operations of the Account.
Note 3 -- Administrative and Mortality and Expense Risk Charges
GIAC assumes mortality and expense risk related to the operations of the
Account. To cover these risks, GIAC deducts a daily charge from the net assets
of the Account which, on an annual basis, is equal to a rate of .60% of the
policy account value.
46
<PAGE>
THE GUARDIAN SERAPATE ACCOUNT K
NOTES TO FINANCIAL STATEMENTS (Continued)
December 31, 1995
In addition, GIAC makes a monthly charge for the cost of life insurance,
based on the face value of the policyowner's insurance in-force, as compensation
for the anticipated cost of paying death benefits.
Under the terms of the policy, GIAC deducts charges from the gross
premiums before transferring the net premiums (gross premiums less other
contractual charges) to the Account. These other contractual charges consist of:
a) policy and administrative fees which vary with the face amount, age of the
insured or the duration of the contract;
b) an annual state premium tax charge of 2.5% of the basic premium.
Currently, GIAC makes no charge against the Account for GIAC's federal
income taxes. However, GIAC reserves the right to charge taxes attributable to
the Account in the future.
Under current laws, GIAC may incur state and local taxes in several
states. At present, these taxes are not significant. In the event of a material
change in applicable state or local tax laws, GIAC reserves the right to charge
the Account for such taxes, if any, which are attributable to the Account.
Note 4 -- Net Assets, December 31, 1995
At December 31, 1995, net assets of the Account were as follows:
Accumulation of Annual Premium
Variable Life Insurance
Policyowners' Accounts $137,746
Owned by GIAC 101,351
--------
$239,097
--------
The amount retained by GIAC in the Account is comprised of amounts
accruing to GIAC from the operations of the Account and retained therein.
Amounts retained by GIAC in the Account may be transferred by GIAC to its
general account.
In some instances the calculation of total assets may not agree due to
rounding.
47
<PAGE>
THE GUARDIAN SERAPATE ACCOUNT K
REPORT OF INDEPENDENT ACCOUNTANTS
To the Board of Directors of
The Guardian Insurance & Annuity Company, Inc.
and the Policyowners of The Guardian Separate Account K, "Park Avenue Life"
In our opinion, the accompanying statement of assets and liabilities and the
related combined statements of operations and of changes in net assets present
fairly, in all material respects, the financial position of the investment
divisions relating to Guardian Stock Fund, Guardian Bond Fund, Guardian Cash
Fund, Baillie Gifford International Fund, Value Line Centurion Fund and Value
Line Strategic Asset Management Trust (constituting The Guardian Separate
Account K, "Park Avenue Life", hereafter referred to as the "Separate Account")
at December 31, 1995, and the results of each of their operations and the
changes in each of their net assets for the period October 1, 1995 (commencement
of operations) through December 31, 1995, in conformity with generally accepted
accounting principles. These financial statements are the responsibility of the
management of The Guardian Insurance & Annuity Company, Inc.; our responsibility
is to express an opinion on these financial statements based on our audit. We
conducted our audit of these statements in accordance with generally accepted
auditing standards which require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements, assessing the
accounting principles used and significant estimates made by management, and
evaluating the overall financial statement presentation. We believe that our
audit, which included confirmation of securities at December 31, 1995 by
correspondence with the transfer agents of the underlying funds, provides a
reasonable basis for the opinion expressed above.
PRICE WATERHOUSE LLP
New York, New York
February 9, 1996
48
<PAGE>
THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
BALANCE SHEETS
================================================================================
<TABLE>
<CAPTION>
December 31,
-----------------------------
1995 1994
---- ----
<S> <C> <C>
ADMITTED ASSETS
Investments:
Fixed maturities, principally at amortized cost
(market: 1995-- $415,119,363; 1994-- $332,580,514)................ $ 405,213,799 $ 349,574,401
Affiliated money market fund, at market, which
approximates cost................................................. 2,633,939 2,492,635
Investment in subsidiary............................................ 7,604,442 7,305,908
Policy loans-- variable life insurance.............................. 63,842,200 59,319,920
Investment in joint venture......................................... 44,418 51,221
Cash and short-term investments..................................... 17,983,654 4,442,493
Accrued investment income receivable................................ 9,771,251 8,339,330
Due from parent and affiliates...................................... 2,982,854 1,989,409
Other assets........................................................ 9,932,726 7,591,680
Receivable from separate accounts................................... 3,543,010 4,359,809
Variable annuity and EISP/CIP separate account assets............... 4,174,493,377 3,132,332,691
Variable life separate account assets............................... 311,173,536 269,585,495
-------------- --------------
TOTAL ADMITTED ASSETS............................................ $5,009,219,206 $3,847,384,992
============== ==============
LIABILITIES
Policy liabilities and accruals:
Fixed deferred reserves........................................... $ 300,059,252 $ 239,394,355
Fixed immediate reserves.......................................... 4,966,569 5,627,157
Life reserves..................................................... 22,502,664 21,353,994
Minimum death benefit guarantees.................................. 1,171,951 1,549,213
Policy loan collateral fund reserve............................... 61,798,105 57,224,423
Accrued expenses, taxes & commissions.................................. 1,250,797 867,435
Due to parent and affiliates........................................... 16,288,804 11,781,592
Other liabilities (including deferred tax)............................. 13,715,162 9,187,431
Asset valuation reserve................................................ 9,341,353 5,229,909
Variable annuity and EISP/CIP separate account liabilities............. 4,129,376,222 3,094,929,496
Variable life separate account liabilities............................. 306,870,400 262,659,454
-------------- --------------
TOTAL LIABILITIES................................................. 4,867,341,279 3,709,804,459
============== ==============
COMMON STOCK AND SURPLUS
Common Stock, $100 par value, 20,000 shares authorized, issued and
outstanding......................................................... 2,000,000 2,000,000
Additional paid-in surplus............................................. 137,398,292 137,398,292
Assigned and unassigned surplus........................................ 2,479,635 (1,817,759)
-------------- --------------
141,877,927 137,580,533
-------------- --------------
TOTAL LIABILITIES, COMMON STOCK AND SURPLUS...................... $5,009,219,206 $3,847,384,992
============== ==============
</TABLE>
See notes to financial statements.
49
<PAGE>
THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
STATEMENTS OF OPERATIONS
================================================================================
<TABLE>
<CAPTION>
Year Ended December 31,
-----------------------------------------------
1995 1994 1993
---- ---- ----
<S> <C> <C> <C>
REVENUES:
Premiums and annuity considerations:
Variable annuity ................................... $ 566,644,345 $ 668,146,802 $ 709,523,708
Life-- variable and level term ..................... 12,647,143 29,135,648 4,789,739
Fixed annuity ...................................... 63,455,538 58,851,539 55,272,748
Net investment income ................................ 36,293,598 27,909,606 22,726,013
Amortization of IMR .................................. 257,380 542,157 378,621
Service fees ......................................... 50,593,228 38,805,312 30,388,678
Variable life-- cost of insurance .................... 4,232,564 3,828,702 3,628,039
Net benefit of reinsurance ceded ..................... (18,138,690) 2,448,774 7,650,605
Other income ......................................... 8,187,301 7,200,339 4,762,342
------------- ------------- -------------
724,172,407 836,868,879 839,120,493
------------- ------------- -------------
BENEFITS AND EXPENSES:
Benefits:
Death benefits ..................................... 7,671,355 3,727,449 2,667,399
Annuity benefits ................................... 330,248,710 233,591,876 196,231,910
Surrender benefits ................................. 18,434,505 9,882,392 8,188,767
Increase in reserves ............................... 65,017,032 82,752,551 50,659,936
Net transfers to (from) separate accounts:
Variable annuity and EISP/CIP ...................... 252,764,129 448,425,833 531,986,941
Variable life ...................................... (17,784,281) (8,822,426) (8,746,188)
Commissions .......................................... 34,364,742 45,602,891 38,089,532
General insurance expenses ........................... 25,925,336 15,096,689 14,702,540
Taxes, licenses and fees ............................. 2,477,492 2,731,840 1,510,060
------------- ------------- -------------
719,119,020 832,989,095 835,290,897
------------- ------------- -------------
INCOME (LOSS) BEFORE INCOME
TAXES AND REALIZED GAINS
FROM INVESTMENTS .............................. 5,053,387 3,879,784 3,829,596
Provision for federal income taxes (benefits) ........ 439,667 601,468 1,889,716
------------- ------------- -------------
INCOME (LOSS) BEFORE REALIZED
GAINS FROM INVESTMENTS ........................ 4,613,720 3,278,316 1,939,880
Realized gains from investments, net of federal income
taxes, net of transfer to IMR ...................... 342,455 (2,232) 131,711
------------- ------------- -------------
NET INCOME ...................................... $ 4,956,175 $ 3,276,084 $ 2,071,591
============= ============= =============
</TABLE>
See notes to financial statements.
50
<PAGE>
THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
STATEMENTS OF CHANGES IN COMMON STOCK AND SURPLUS
================================================================================
<TABLE>
<CAPTION>
Special and
Additional Unassigned Total
Common Paid-in Surplus Common Stock
Stock Surplus (Deficit) and Surplus
------------- ------------- ------------- -------------
<S> <C> <C> <C> <C>
Balances at December 31, 1992 ........................... $ 2,000,000 $ 137,398,292 $ (6,407,408) $ 132,990,884
------------- ------------- ------------- -------------
Net income from operations .............................. 2,071,591 2,071,591
Increase in unrealized appreciation of Company's
investment in separate accounts, net of
applicable taxes ..................................... 3,164,752 3,164,752
Increase in unrealized appreciation of
Company's investment in joint venture ................ 178,539 178,539
Increase in unrealized appreciation of
Company's investment in subsidiary ................... 56,002 56,002
Decrease in non-admitted assets ......................... 53,396 53,396
Net increase in asset valuation reserve ................. (8,291) (8,291)
Provision for Guaranty Association
Assessments .......................................... (92,211) (92,211)
------------- ------------- ------------- -------------
Balances at December 31, 1993 ........................... 2,000,000 137,398,292 (983,630) 138,414,662
============= ============= ============= =============
Net income from operations .............................. 3,276,084 3,276,084
Increase in unrealized appreciation of
Company's investment in separate accounts,
net of applicable taxes .............................. (527,471) (527,471)
Increase in unrealized appreciation of
Company's investment in joint venture ................ (255,163) (255,163)
Increase in unrealized appreciation of
Company's investment in subsidiary ................... 24,034 24,034
Disallowed interest maintenance reserve ................. (1,124,268) (1,124,268)
Decrease in non-admitted assets ......................... 5,818 5,818
Net decrease in asset valuation reserve ................. (2,233,163) (2,233,163)
------------- ------------- ------------- -------------
Balances at December 31, 1994 ........................... 2,000,000 137,398,292 (1,817,759) 137,580,533
------------- ------------- ------------- -------------
Net income from operations .............................. 4,956,175 4,956,175
Increase in unrealized appreciation of Company's
investment in separate accounts, net of
applicable taxes ..................................... 3,024,930 3,024,930
Increase in unrealized appreciation of
Company's investment in joint venture ................ (6,803) (6,803)
Increase in unrealized appreciation of
Company's investment in subsidiary ................... 298,534 298,534
Disallowed interest maintenance reserve ................. 143,080 143,080
Increase in non-admitted assets ......................... (7,078) (7,078)
Net decrease in asset valuation reserve ................. (4,111,444) (4,111,444)
------------- ------------- ------------- -------------
Balances at December 31, 1995 ........................... $ 2,000,000 $ 137,398,292 $ 2,479,635 $ 141,877,927
============= ============= ============= =============
</TABLE>
See notes to financial statements
51
<PAGE>
THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
STATEMENTS OF CASH FLOW
================================================================================
<TABLE>
<CAPTION>
Year Ended December 31,
-----------------------------------------------
1995 1994 1993
---- ---- ----
<S> <C> <C> <C>
Cash flows from insurance activities:
Premium and annuity considerations ..................... $ 634,983,490 $ 732,848,313 $ 770,326,214
Investment income ...................................... 35,916,075 26,625,996 24,134,387
Service fees ........................................... 47,345,894 35,502,165 26,155,952
Variable life cost of insurance ........................ 4,196,060 3,825,865 3,612,218
Net benefit of reinsurance ceded ....................... (16,860,850) 15,996,575 4,068,302
Claims and annuity benefits ............................ (351,544,810) (247,055,539) (206,970,151)
Commissions ............................................ (32,903,591) (37,186,792) (38,002,664)
General insurance expenses ............................. (21,641,468) (15,895,233) (13,863,833)
Taxes, licences and fees ............................... (1,883,881) (2,896,965) (1,028,249)
Net transfers to separate accounts ..................... (227,981,221) (436,829,701) (521,601,186)
Federal income tax (excluding tax on capital gains) .... (1,737,654) (1,217,735) 1,372,898
Increase in policy loans ............................... (4,522,280) (6,527,387) (4,691,084)
Other sources (applications) ........................... 8,193,634 10,477,284 6,381,750
------------- ------------- -------------
NET CASH PROVIDED BY INSURANCE
ACTIVITIES ...................................... 71,559,398 77,666,846 49,894,554
------------- ------------- -------------
Cash flows from investing activities:
Proceeds from dispositions of investment securities .... 62,404,716 150,649,968 107,412,956
Purchases of investment securities ..................... (118,543,796) (231,132,415) (153,772,748)
Net proceeds from short-term investments ............... -- -- 2,459,000
Investment in joint venture ............................ -- -- --
(Increase) decrease in investments in separate account . (100,000) (950,000) (1,800,000)
Federal income tax on capital gains .................... 1,173,020 (1,538,101) (846,813)
Amount due to/(from) broker ............................ (2,952,177) (1,926,825) 4,590,573
------------- ------------- -------------
NET CASH USED IN INVESTING ACTIVITIES ............. (58,018,237) (84,897,373) (41,957,032)
------------- ------------- -------------
Cash flows from financing activities:
Capital contributed by parent .......................... -- -- --
------------- ------------- -------------
NET CASH PROVIDED BY FINANCING
ACTIVITIES ........................................... -- -- --
------------- ------------- -------------
NET INCREASE (DECREASE) IN CASH ...................... 13,541,161 (7,230,527) 7,937,522
CASH AND SHORT-TERM INVESTMENTS
AT BEGINNING OF YEAR ................................. 4,442,493 11,673,020 3,735,499
------------- ------------- -------------
CASH AND SHORT-TERM INVESTMENTS
AT ENDOFPERIOD ....................................... $ 17,983,654 $ 4,442,493 $ 11,673,021
============= ============= =============
</TABLE>
See notes to financial statements.
52
<PAGE>
THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
NOTES TO FINANCIAL STATEMENTS
December 31, 1995
Note 1 -- Organization
Organization: The Guardian Insurance & Annuity Company, Inc. (GIAC or the
Company) is a wholly owned subsidiary of The Guardian Life Insurance Company of
America (Guardian Life). The Company is licensed to conduct life and health
insurance business in all fifty states and the District of Columbia. The
Company's primary business is the sale of variable deferred annuity contracts
and variable and term life insurance policies. For variable products other than
401(k) products contracts are sold by insurance agents who are licensed by GIAC
and are either Registered Representatives of Guardian Investor Services
Corporation (GISC) or of broker dealer firms which have entered into sales
agreements with GIAC and GISC. The Company's general agency distribution system
is used for the sale of other products and policies.
Guardian Investor Services Corporation is a wholly owned subsidiary of the
Company. GISC is a registered broker-dealer under the Securities Exchange Act of
1934 and is a registered investment adviser under the Investment Adviser's Act
of 1940. GISC is the distributor and underwriter for GIAC's variable products,
and is the investment adviser to certain mutual funds sponsored by GIAC which
are investment options for the variable products.
Insurance Separate Accounts: The Company has established eleven insurance
separate accounts primarily to support the variable annuity and life insurance
products it offers. The majority of the separate accounts are unit investment
trusts registered under the Investment Company Act of 1940. Proceeds from the
sale of variable products are invested through these separate accounts in
certain mutual funds specified by the contractholders. In addition, certain
variable annuity and variable life insurance contractholders may invest in The
Guardian Real Estate Account. Participating interests in the real estate account
are registered under the Securities Act of 1933. Of these separate accounts the
Company maintains two separate accounts whose sole purpose is to fund certain
employee benefits plans of Guardian Life.
The assets and liabilities of the separate accounts are clearly identified
and distinct from the other assets and liabilities of the Company. The assets of
the separate accounts will not be charged with any liabilities arising out of
any other business of the Company. However, the obligations of the separate
accounts, including the promise to make annuity and death benefit payments,
remain obligations of the Company. Assets and liabilities of the separate
accounts are stated primarily at the market value of the underlying investments
and corresponding contractholders obligations.
Note 2 -- Summary of Significant Accounting Policies
Basis of presentation of financial statements: The financial statements
have been prepared on the basis of accounting practices prescribed or permitted
by the Insurance Department of the State of Delaware. Such practices are
considered generally accepted accounting principles for mutual life insurance
companies and their wholly owned stock life insurance subsidiaries domiciled in
Delaware.
In 1993, the Financial Accounting Standards Board issued Interpretation
No. 40, "Applicability of Generally Accepted Accounting Principles to Mutual
Life Insurance and Other Enterprises," which establishes a different definition
of generally accepted accounting principles for mutual life insurance companies.
Under the Interpretation, financial statements of mutual life insurance
companies for periods beginning after December 15, 1995, which are prepared on
the basis of statutory accounting, will no longer be characterized as in
conformity with generally accepted accounting principles. At that time,
financial statements of mutual life insurance companies would have to apply all
applicable authoritative GAAP accounting pronouncements in order to describe the
financial statements as prepared in "conformity with generally accepted
accounting principles."
Management has not yet finalized the effect on its December 31, 1995
financial statements of applying the new Interpretation nor whether it will
continue to present its general purpose financial statements in conformity with
the statutory basis of accounting or adopt the accounting changes required in
order to present its financial statements in conformity with generally accepted
accounting principles. However, management believes that adopting the accounting
changes required to present its financial statements in accordance with
generally accepted accounting principles would result in higher reported equity.
The effect of the changes would be reported retroactively through restatement of
all previously issued financial statements beginning with the earliest year
presented.
53
<PAGE>
THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
NOTES TO FINANCIAL STATEMENTS (Continued)
December 31, 1995
Valuation of investments: Investments in securities are recorded in
accordance with valuation procedures established by the National Association of
Insurance Commissioners (NAIC). Unrealized gains and losses on investments
carried at market are recorded directly to unassigned surplus. Realized gains
and losses on disposition of investments are determined by the specific
identification method.
Bonds: Bonds are valued principally at amortized cost.
Investment in subsidiary: GIAC's investment in GISC is carried at equity
in GIAC's underlying net assets. Undistributed earnings or losses are reflected
as unrealized capital gains and losses directly in unassigned surplus. Dividends
received from GISC are recorded as investment income and amounted to $6,700,000
in 1995 and $4,900,000 in 1994.
Short-Term Investments: Short-term investments are stated at amortized
cost and consist primarily of investments having maturities at the date of
purchase of six months or less. Market values for such investments approximate
carrying value.
Loans on Policies: Loans on policies are stated at unpaid principal
balance. The carrying amount approximates fair value since loans on policies
have no defined maturity date and reduce the amount payable at death or at
surrender of the contract.
Investment Reserves: The NAIC requires adoption of an asset valuation
reserve (AVR) and interest maintenance reserve (IMR). The AVR establishes
reserves for certain categories of invested assets. The purpose of this reserve
is to stabilize policyholders' surplus from credit related gains and losses on
investments. Changes in AVR are recorded directly to unassigned surplus. The IMR
applies to fixed income investments and establishes a reserve for realized
capital gains and losses, net of tax, which result from changes in interest
rates. Such net realized gains and losses are deferred and amortized into
investment income over the life of the investments sold. When, in aggregate,
realized losses exceed realized gains, the net realized loss is reclassified as
a non-admitted asset with a corresponding charge to surplus.
Contract and Policy Reserves: Fixed deferred reserves represent the Fund
balance left to accumulate at interest under fixed annuity contracts that were
offered directly by the Company and a fixed rate option that is offered to
variable annuity contractowners. The fixed annuity contracts are no longer
offered by the Company. The estimated fair value of contractholder account
balances within the fixed deferred reserves has been determined to be equivalent
to carrying value as the current offering and renewal rates are set in response
to current market conditions and are only guaranteed for one year. The interest
rate credited on fixed annuity contracts included in fixed deferred reserves for
1995 and 1994 was 5.75% and 5.75%, respectively. The interest rates credited on
the fixed rate option offered to certain variable annuity contractowners ranged
from 5.00% to 5.25% during 1995. For the fixed rate option currently issued, the
issue and renewal interest rates credited varies from month to month and ranged
from 5.50% to 5.20% in 1995. Fixed immediate reserves are a liability within the
general account for those annuitants who have elected a fixed annuity payout
option. The immediate contract reserve is computed using the 1971 IAM Table and
a 4% discount rate.
Minimum death benefits guarantees represent a reserve for term insurance
to support guaranteed insurance amounts on variable life policies in the event
of possible declines in separate account assets, assuming a 4% discount rate and
mortality consistent with the 1958 or 1980 CSO Table applicable in the pricing
of each policy.
The loan collateral fund reserve is the cash value of loaned variable life
policyowner account values. The reserve is credited with interest at 4% per
annum for single premium variable life policyowners and 6.5% for annual pay
variable life policyowners.
The preparation of financial statements in conformity with statutory
accounting practices requires management to make estimates and assumptions that
affect the reported amounts of assets and liabilities at the date of the
financial statements and the reported amounts of revenues and expenses during
the reporting period. Actual results could differ from those estimates.
Non-admitted Assets: Certain assets designated as "non-admitted assets" in
accordance with rules and regulations of the Department of Insurance of the
State of Delaware are charged directly to unassigned surplus. At December 31,
1995 and 1994 non-admitted assets consisted of agents' balances and
miscellaneous receivables in the amounts of $84,575 and $77,498, respectively.
54
<PAGE>
THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
NOTES TO FINANCIAL STATEMENTS (Continued)
December 31, 1995
Acquisition Costs: Commissions and other costs incurred in acquiring new
business are charged to operations as incurred.
Premiums and Other Revenues: Premiums and annuity considerations are
recognized for funds received on variable life insurance and annuity products.
Corresponding transfers to/from separate accounts are included in the expenses.
Revenue also includes service fees from the separate accounts consisting
of mortality and expense charges, annual administration fees, charges for the
cost of term insurance related to variable life policies and penalties for early
withdrawals. Service fees were not charged on separate account assets of $117.7
million and $105.5 million at December 31, 1995 and 1994, respectively, which
represent investments in Guardian Life's employee benefit plans.
Federal Income Taxes: The provision for federal income taxes is based on
income from operations currently taxable, as well as accrued market discount on
bonds. Realized gains and losses are reported after adjustment for the
applicable federal income taxes. The taxable portion of unrealized appreciation
of the Company's separate account investments is also recorded.
Other: Certain reclassifications have been made in the amounts presented
for prior periods to conform those periods with the 1995 presentation.
Note 3 -- Federal Income Taxes
The Company's federal income tax return is consolidated with its parent,
Guardian Life. The consolidated income tax liability is allocated among the
members of the group according to a tax sharing agreement. In accordance with
the tax sharing agreement between and among the parent and participating
subsidiaries, each member of the group computes its tax provision and liability
on a separate return basis, but may, where applicable, recognize benefits of net
operating losses and capital losses utilized in the consolidated group.
Estimated payments are made between the members of the group during the year.
The Company records directly to unassigned surplus federal income taxes
attributable to the taxable portion of unrealized appreciation on its seed
capital in the separate accounts. These income taxes will be recognized in
operations upon withdrawal of these capital contributions. The taxable portion
of unrealized appreciation amounted to $1,209,000, $590,000 and $871,000 at
December 31, 1995, 1994 and 1993, respectively.
A reconciliation of federal income tax expense, based on the prevailing
corporate income tax rate of 35% for 1995, 1994 and 1993 to the federal income
tax expense reflected in the accompanying financial statements is as follows:
<TABLE>
<CAPTION>
Year Ended December 31,
-----------------------------------------
1995 1994 1993
---- ---- ----
<S> <C> <C> <C>
Income tax at prevailing corporate income tax rates
applied to pretax statutory income ............. $ 1,768,688 $ 1,357,924 $ 1,340,359
Add (deduct) tax effect of:
Adjustment for annuity and other reserves ...... 337,668 141,295 (277,137)
DAC Tax ........................................ 666,260 1,575,953 1,819,878
Dividend from subsidiary ....................... (2,345,000) (1,715,000) (1,015,000)
Other-- net .................................... 12,051 (758,704) 21,616
----------- ----------- -----------
Provision for Federal Income Taxes (Benefits) ..... $ 439,667 $ 601,468 $ 1,889,716
=========== =========== ===========
</TABLE>
The provision for federal income taxes includes deferred taxes of $304,923
in 1995, $99,120 in 1994 and $283,571 in 1993 applicable to the difference
between the tax basis and the financial statement basis of recording investment
income relating to accrued market discount.
55
<PAGE>
THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
NOTES TO FINANCIAL STATEMENTS (Continued)
December 31, 1995
Note 4 -- Investments
The major categories of net investment income are summarized as follows:
Year Ended December 31,
-----------------------------------------
1995 1994 1993
---- ---- ----
Fixed maturities .................. $25,795,915 $19,949,553 $18,104,573
Affiliated money market funds ..... 130,729 84,083 51,072
Subsidiary ........................ 6,700,000 4,900,000 2,900,000
Policy loans ...................... 2,847,532 2,547,670 2,296,794
Short-term investments ............ 1,181,215 622,391 269,175
Joint venture dividend ............ 684,306 789,867 --
----------- ----------- -----------
37,339,697 28,893,564 23,621,614
Less investment expenses .......... 1,046,099 983,959 895,601
----------- ----------- -----------
Net Investment Income ............. $36,293,598 $27,909,605 $22,726,013
=========== =========== ===========
Net realized gains, less applicable federal income taxes and transfer to
IMR, are summarized as follows:
<TABLE>
<CAPTION>
Year Ended December 31,
-----------------------------------------
1995 1994 1993
---- ---- ----
<S> <C> <C> <C>
Realized capital gains (losses) .......... $ 1,323,447 $(3,994,716) $ 3,170,154
----------- ----------- -----------
Federal income tax expense (benefit):
Current .................................. 622,821 (1,110,135) 1,253,371
Deferred ................................. (42,290) (248,068) (123,690)
----------- ----------- -----------
Total Federal income tax expense (benefit) 580,531 (1,358,203) 1,129,681
----------- ----------- -----------
Transfer to IMR ............................. 400,461 (2,634,280) 1,908,762
----------- ----------- -----------
Net Realized Gains (Losses) ................. $ 342,455 $ (2,233) $ 131,711
=========== =========== ===========
</TABLE>
The increase in unrealized appreciation (depreciation) on fixed maturity
securities was $17,129,267, $(23,246,030) and $120,062 for the years ended
December 31, 1995, 1994 and 1993, respectively.
The market values of bonds are based on quoted prices as available. For
certain private placement debt securities where quoted market prices are not
available, fair value is estimated by management using adjusted market prices
for like securities.
The cost and estimated market values of investments by major investment
category at December 31, 1995 and 1994 are as follows:
<TABLE>
<CAPTION>
December 31, 1995
----------------------------------------------------------------
Estimated
Unrealized Unrealized Market
Cost Gain Loss Value
------------- ------------- ------------- ------------
<S> <C> <C> <C> <C>
U.S. Treasury securities & obligations of
U.S. government corporations and
agencies............................. $ 86,663,351 $ 2,599,555 $ -- $ 89,262,906
Obligations of states and political
subdivisions......................... 6,086,127 108,215 1,599 6,192,743
Debt securities issued by foreign
governments.......................... 8,061,711 537,479 -- 8,599,190
Corporate debt securities............... 304,402,610 7,379,556 717,644 311,064,522
Common stocks........................... 12,032,231 -- 1,793,850 10,238,381
------------ ------------ ------------ ------------
$417,246,030 $ 10,624,805 $ 2,513,093 $425,357,742
============ ============ ============ ============
</TABLE>
56
<PAGE>
THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
NOTES TO FINANCIAL STATEMENTS (Continued)
December 31, 1995
<TABLE>
<CAPTION>
December 31, 1994
----------------------------------------------------------------
Estimated
Unrealized Unrealized Market
Cost Gain Loss Value
------------- ------------- ------------- ------------
<S> <C> <C> <C> <C>
U.S. Treasury securities & obligations of
U.S. government corporations and
agencies............................. $ 45,385,889 $ 140,979 $ 2,176,046 $ 43,350,822
Obligations of states and political
subdivisions......................... 15,383,160 37,245 241,430 15,178,975
Debt securities issued by foreign
governments.......................... 8,100,499 -- 503,504 7,596,995
Corporate debt securities............... 280,704,853 44,168 14,295,299 266,453,722
Common stocks........................... 11,890,926 -- 2,092,384 9,798,542
------------- --------- ------------- -------------
$ 361,465,327 $ 222,392 $ 19,308,663 $ 342,379,056
============= ========= ============= =============
</TABLE>
At December 31, 1995, the amortized cost and estimated market value of
debt securities, by contractual maturity, are shown below. Expected maturities
will differ from contractual maturities because borrowers may have the right to
call or prepay obligations.
Estimated
Amortized Market
Cost Value
------------- -------------
Due in one year or less.................. $ 56,986,877 $ 57,324,698
Due after one year through five years.... 238,553,324 242,364,605
Due after five years through ten years... 41,900,535 44,642,381
Due after ten years...................... 34,405,999 36,306,163
------------- -------------
371,846,735 380,637,847
Sinking fund bonds
(including Collateralized
Mortgage Obligations)................. 33,367,064 34,481,514
------------- -------------
$ 405,213,799 $ 415,119,361
============= =============
During 1995, proceeds from sales of investments in debt securities were
$62,404,716 and gross gains of $993,944 and losses of $377,851 were realized on
these sales.
Note 5 -- Reinsurance Ceded
The Company enters into coinsurance, modified coinsurance and yearly
renewable term agreements with Guardian Life and outside parties to provide for
reinsurance of selected variable annuity contracts and group life and individual
life policies. Under the terms of these agreements, reserves related to the
reinsured business and corresponding assets are held by the Company.
The effect of these agreements on the components of the gain from
operations have been combined in the accompanying statements of operations. The
components of this benefit (loss) are as follows:
<TABLE>
<CAPTION>
Year Ended December 31
(Amounts in 000's)
-----------------------------------
1995 1994 1993
---- ---- ----
<S> <C> <C> <C>
Premiums and annuity considerations ............... $ (37,789) $(147,055) $(286,831)
Deposit - type funds .............................. (3,423) (10,577) (15,966)
Commissions and reinsurance expense allowances .... 10,058 19,542 19,885
Policy and contract claims ........................ 55,109 60,720 52,753
Surrender benefits and other fund withdrawals ..... 774 -- --
Reserve adjustments on reinsurance ceded .......... (32,193) 84,062 241,226
Increase in aggregate reserve for life and accident
and health policies ............................. 11,914 16,350 --
--------- --------- ---------
Net income from reinsurance ceded ....... $ 4,450 $ 23,042 $ 11,067
========= ========= =========
</TABLE>
57
<PAGE>
THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
NOTES TO FINANCIAL STATEMENTS (Continued)
December 31, 1995
The Company has entered into a modified coinsurance agreement with
Guardian Life. The net benefit (loss) of reinsurance ceded to Guardian Life
under this agreement totaled ($18,138,690), $2,448,774 and $7,650,605 in 1995,
1994 and 1993 respectively.
The reinsurance contracts do not relieve the Company of its primary
obligation for policyowner benefits.
NOTE 6 -- Reinsurance Assumed
The Company entered into a coinsurance agreement with a non-affiliated
underwriter. The Company assumed 100% of certain life and disability income
policies. Premiums include $7,153,623 and $21,545,974 in 1995 and 1994,
respectively, related to policies covered under this agreement.
NOTE 7 -- Related Party Transactions
A portion of the Company's business is produced by the registered
representatives of the Guardian Investor Services Corporation (GISC), a wholly
owned subsidiary of the Company. During 1995, 1994 and 1993, premium and annuity
considerations produced by GISC amounted to $400,148,692, $482,872,000 and
$494,873,000, respectively. The related commissions paid to GISC amounted to
$1,409,708, $1,709,799 and $1,738,613 for 1995, 1994 and 1993, respectively.
The Company has an investment in the Guardian Real Estate Account (GREA),
which was established in 1987 under Delaware Insurance law as an insurance
company separate account. GIAC has contributed capital to GREA from time to time
to provide funds for acquisitions and to preserve liquidity. The Company's most
recent contributions to GREA were made in December 1993, July 1994 and October
1994 when $1,800,000, $400,000 and $550,000 respectively were invested. At
December 31, 1995 GIAC maintained 37% ownership of GREA.
A portion of the Company's separate account assets are invested in
affiliated mutual funds. These funds consist of The Guardian Park Avenue Fund,
The Guardian Bond Fund, The Guardian Stock Fund, and The Guardian Cash Fund.
Each of these funds has an investment advisory agreement with GISC. The
investments as of December 31, 1995 and 1994 are as follows:
1995 1994
---- ----
The Guardian Park Avenue Fund .... $ 214,919,292 $ 174,246,222
The Guardian Bond Fund ........... 374,461,581 308,983,625
The Guardian Stock Fund .......... 1,615,270,799 1,038,929,284
The Guardian Cash Fund ........... 356,820,089 386,985,749
-------------- --------------
$2,561,471,761 $1,909,144,880
============== ==============
During November 1990, the Company entered into an agreement with Baillie
Gifford Overseas Ltd. to form a joint venture company -- Guardian Baillie
Gifford Ltd. (GBG) -- which is organized as a corporation in Scotland. GBG is
registered in both the United Kingdom and the United States to act as an
investment adviser for the Baillie Gifford International Fund (the International
Fund) and the Baillie Gifford Emerging Markets Fund (the Emerging Markets Fund).
The Funds are offered in the U.S. as investment options under certain variable
annuity contracts and variable life policies. The amount of the Company's
separate account assets invested in the Funds was $334,281,959 and $309,678,696
as of December 31, 1995 and 1994, respectively.
The Company maintains an investment in an affiliated money market mutual
fund, The Guardian Cash Management Fund. At December 31, 1995 and 1994 this
amounted to $2,633,939 and $2,492,635, respectively.
The Company is billed quarterly by Guardian Life for all compensation and
related employee benefits for those employees of Guardian Life who are engaged
in the Company's business and for the Company's use of Guardian Life's
centralized services and agency force. The amounts charged for these services
amounted to $23,613,359 in 1995, $13,225,062 in 1994 and $12,702,470 in 1993,
and, in the opinion of management, were considered appropriate for the services
rendered.
58
<PAGE>
THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
NOTES TO FINANCIAL STATEMENTS (Continued)
December 31, 1995
NOTE 8 -- Separate Accounts
The following represents a reconciliation of net transfers from GIAC to
the separate accounts:
Transfers as reported in the Summary of Operations of the Separate Account
Statement:
1995 1994
---- ----
Transfers to separate accounts .......... $ 582,715,569 $ 688,657,147
Transfers from separate accounts ........ (398,346,503) (288,606,548)
------------- -------------
Net transfers to (from) separate accounts 184,369,066 400,050,599
------------- -------------
Reconciling Adjustments:
Mortality & expense guarantees-- Annuity 41,474,872 31,629,838
Mortality & expense guarantees-- VLI .... 1,571,955 1,341,318
Administrative fees-- VA only ........... 3,331,391 2,752,950
Cost of collection-- VLI ................ 4,232,564 3,828,702
------------- -------------
Total adjustments ....................... 50,610,782 39,552,808
------------- -------------
Transfers as reported in the Summary of
Operations of GIAC .................... $ 234,979,848 $ 439,603,407
============= =============
NOTE 9 -- Annuity Actuarial Reserves and Deposit Liabilities
The following describes withdrawal characteristics of annuity actuarial
reserves and deposit liabilities:
<TABLE>
<CAPTION>
Year Ending 1995 Year Ending 1994
--------------------- ---------------------
Amount % Amount %
------------ ------ ------------ ------
<S> <C> <C> <C> <C>
Subject to discretionary withdrawal
with market value adjustment ....... -- --
at book value less current surrender
charge of 5% or more ............. -- --
at market value .................... -- --
total with adjustment or at
market value ..................... -- --
at book value without adjustment
(minimal or no charge or
adjustment) ....................... $300,107,673 78.08 $239,437,798 74.56
Not subject to discretionary
withdrawal ........................... 84,263,477 21.92 81,703,584 25.44
------------ ------ ------------ ------
Total (gross) ......................... 384,371,150 100.00 321,141,382 100.00
Reinsurance ceded ..................... -- --
------------ ------ ------------ ------
Total ................................. $384,371,150 100.00% $321,141,382 100.00%
============ ====== ============ ======
</TABLE>
This does not include $4,046,768,087 of non-guaranteed annuity reserves
held in separate accounts, and $1,500,869 in annuity reserves being held as a
loan collateral fund for loans on certain annuity contracts.
59
<PAGE>
REPORT OF INDEPENDENT ACCOUNTANTS
February 9, 1996
To the Board of Directors of
The Guardian Insurance & Annuity Company, Inc.
In our opinion, the accompanying balance sheets and related statements of
operations, of changes in common stock and surplus and of cash flows present
fairly, in all material respects, the financial position of The Guardian
Insurance & Annuity Company, Inc. at December 31, 1995 and 1994, and the results
of its operations and its cash flows for the three years in the period ended
December 31, 1995, in conformity with generally accepted accounting principles
(practices prescribed or permitted by insurance regulatory authorities, see Note
2). 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 the overall financial statement presentation.
We believe that our audits provide a reasonable basis for the opinion expressed
above.
PRICE WATERHOUSE LLP
New York, New York
60
<PAGE>
APPENDIX A
ILLUSTRATIONS OF DEATH BENEFITS, POLICY ACCOUNT VALUES,
NET CASH SURRENDER VALUES AND ACCUMULATED POLICY PREMIUMS
The following tables illustrate how the Policies operate. Specifically, they
show how the death benefit, Net Cash Surrender Value and Policy Account Value
can vary over an extended period of time assuming hypothetical gross rates of
return (i.e., investment income and capital gains and losses, realized or
unrealized) for the Separate Account that are equal to constant after tax annual
rates of 0%, 6% and 12%. The tables are based on policies with Face Amounts of
$250,000 for male insureds at Ages 35 and 45. These insureds are assumed to be
in the nonsmoker preferred risk then based on the policy's higher guaranteed
charges. In addition, each illustration is given first for a policy with an
Option 1 death benefit and then for a policy with an Option 2 death benefit.
These illustrations may assist in the comparison of death benefits, Net Cash
Surrender Values and Policy Account Values for Park Avenue Life policies with
those under other variable life insurance policies that may be issued by GIAC or
other companies. Prospective policyowners are advised, however, that it may not
be advantageous to replace existing life insurance coverage by purchasing a Park
Avenue Life policy, particularly if the decision to replace existing coverage is
based solely on a comparison of policy illustrations.
Death benefits, Net Cash Surrender Values and Policy Account Values will be
different from the amounts shown if: (1) the actual gross rates of return
average 0%, 6% or 12%, but vary above and below the average over the period; and
(2) Policy Premiums are paid at other than annual intervals, or if unscheduled
payments are made. Benefits and values will also be affected by the
policyowner's allocation of the Unloaned Policy Account Value among the Variable
Investment Options and the fixed-rate option. If the actual gross rate of return
for all options averages 0%, 6% or 12%, but varies above or below that average
for individual options, allocation and transfer decisions can have a significant
impact on a policy's performance. Policy loans and other policy transactions,
such as skipping Policy Premium and partial withdrawals, will also affect
results, as will the insured's sex, smoker status and premium class.
Death benefits, Net Cash Surrender Values and Policy Account Values shown in the
tables reflect the fact that: (1) deductions have been made from annual Policy
Premiums for Policy Premium Assessments, the state premium tax charge, the DAC
tax charge and the premium sales charge; and (2) Monthly Deductions are deducted
from the Policy Account Value on each Monthly Date. The Net Cash Surrender
Values shown in the tables reflect the fact that surrender charges (consisting
of a deferred sales charge and a deferred administrative charge) are deducted
upon surrender, Face Amount reduction or lapse during the first 12 policy years.
The death benefits, Net Cash Surrender Values and Policy Account Values also
reflect a daily charge assessed against the Separate Account for mortality and
expense risks equivalent to an annual charge of .60% (on a current basis) and
.90% (on a guaranteed basis) of the average daily value of the assets in the
Separate Account attributable to the policies. See "Deductions and Charges." The
amounts shown in the illustrations also reflect an average of the investment
advisory fees and operating expenses incurred by the mutual funds, at an annual
rate of 0.67% of the average daily net assets of such funds.
Taking account of the charges for mortality and expense risks in the Separate
Account and the average investment advisory fee and operating expenses of the
mutual funds, the gross annual rates of return of 0%, 6% and 12% correspond to
net investment experience at constant annual rates of -1.27%, 4.70% and 10.66%,
respectively, based on GIAC's current charge for mortality and expense risks,
and -1.56%, 4.38% and 10.33%, respectively, based on GIAC's guaranteed maximum
charge for mortality and expense risks. See "Net Investment Factor."
The hypothetical rates of return shown in the tables do not reflect any tax
charges attributable to the Separate Account since no charges are currently
made. If any such charges are imposed in the future, the gross annual rate of
return would have to exceed the rates shown by an amount sufficient to cover the
tax charges, in order to produce the death benefits, Net Cash Surrender Values
and Policy Account Values illustrated. See "GIAC's Taxes."
The second column of each table shows the amount which would accumulate if an
amount equal to the annual Policy Premium was invested to earn interest, after
taxes, of 5% per year, compounded annually. There can be no assurance that a
prospective policyowner would be able to earn this return. During the Guaranteed
Premium Period, the annual Policy Premium is $2,225 for the first policy
illustrated and $3,515 for the second policy illustrated.
GIAC will furnish upon request an illustration reflecting the proposed insured's
Age, sex, premium class and the Face Amount or Basic Scheduled Premium
requested, but a premium-based illustration must reflect GIAC's current minimum
Face Amount requirement for Park Avenue Life -- which is $100,000.
A-1
<PAGE>
Male Issue Age 35, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 1
These values reflect CURRENT cost of insurance and other charges
<TABLE>
<CAPTION>
Premiums
Accumulated NET CASH SURRENDER VALUE POLICY ACCOUNT VALUE DEATH BENEFIT
End of at 5% Assuming Hypothetical Gross Assuming Hypothetical Gross Assuming Hypothetical Gross
Policy Interest Annual Return of: Annual Return of: Annual Return of:
Year Per Year 0% 6% 12% 0% 6% 12% 0% 6% 12%
- ---- ------ -- -- --- -- -- --- -- -- ---
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1 2,336 0 0 0 1,445 1,547 1,650 250,000 250,000 250,000
2 4,789 1,144 1,440 1,749 2,867 3,163 3,472 250,000 250,000 250,000
3 7,365 2,643 3,226 3,859 4,244 4,827 5,460 250,000 250,000 250,000
4 10,070 4,207 5,175 6,267 5,641 6,609 7,701 250,000 250,000 250,000
5 12,909 5,727 7,180 8,887 6,994 8,447 10,155 250,000 250,000 250,000
6 15,891 7,202 9,245 11,743 8,303 10,345 12,844 250,000 250,000 250,000
7 19,022 8,635 11,373 14,861 9,569 12,307 15,795 250,000 250,000 250,000
8 22,309 10,034 13,576 18,278 10,801 14,343 19,045 250,000 250,000 250,000
9 25,761 11,365 15,825 21,994 11,966 16,425 22,594 250,000 250,000 250,000
10 29,385 12,648 18,139 26,059 13,082 18,572 26,493 250,000 250,000 250,000
15 50,413 18,408 30,936 53,333 18,408 30,936 53,333 250,000 250,000 250,000
20 77,250 21,453 44,677 96,721 21,453 44,677 96,721 250,000 250,000 250,000
25 111,502 21,780 59,681 167,347 21,780 59,681 167,347 250,000 250,000 325,166
30 155,218 19,387 76,802 280,364 19,387 76,802 280,364 250,000 250,000 477,175
</TABLE>
IT IS EMPHASIZED THAT THE HYPOTHETICAL RESULTS SHOWN ABOVE AND ELSEWHERE IN THIS
PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE DEEMED A REPRESENTATION OF
PAST OR FUTURE GROSS ANNUAL RATES OF RETURN. ACTUAL RESULTS MAY BE HIGHER OR
LOWER THAN THOSE SHOWN AND WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING THE
ALLOCATIONS MADE BY A POLICYOWNER, THE FREQUENCY OF THE PREMIUM PAYMENTS CHOSEN
BY A POLICYOWNER, THE INVESTMENT EXPERIENCE OF THE POLICY'S VARIABLE INVESTMENT
OPTIONS, AND THE RATE OF INTEREST PAID ON AMOUNTS HELD IN THE FIXED-RATE OPTION.
THE DEATH BENEFIT, POLICY ACCOUNT VALUE AND NET CASH SURRENDER VALUE FOR A
POLICY WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL GROSS ANNUAL RATES OF
RETURN AVERAGED 0%, 6% AND 12% OVER A PERIOD OF YEARS, BUT VARIED ABOVE AND
BELOW THAT AVERAGE DURING THE PERIOD. THEY WOULD ALSO BE DIFFERENT IF ANY POLICY
LOANS OR OTHER POLICY TRANSACTIONS WERE EFFECTED DURING THE PERIOD. NO
REPRESENTATIONS CAN BE MADE BY GIAC OR THE MUTUAL FUNDS THAT THE ILLUSTRATED
HYPOTHETICAL RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER
ANY PERIOD OF TIME.
THE RECALCULATED BASIC SCHEDULED PREMIUM AT ATTAINED AGE 70 WOULD BE $17,490.00,
ASSUMING THE 0% RETURN; $6,181.23, ASSUMING THE 6% RETURN; AND $2,225.00,
ASSUMING THE 12% RETURN.
A-2
<PAGE>
Male Issue Age 35, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 1
These values reflect GUARANTEED cost of insurance and other charges
<TABLE>
<CAPTION>
Premiums
Accumulated NET CASH SURRENDER VALUE POLICY ACCOUNT VALUE DEATH BENEFIT
End of at 5% Assuming Hypothetical Gross Assuming Hypothetical Gross Assuming Hypothetical Gross
Policy Interest Annual Return of: Annual Return of: Annual Return of:
Year Per Year 0% 6% 12% 0% 6% 12% 0% 6% 12%
- ---- ------ -- -- --- -- -- --- -- -- ---
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1 2,336 0 0 0 1,440 1,542 1,644 250,000 250,000 250,000
2 4,789 974 1,264 1,566 2,697 2,987 3,289 250,000 250,000 250,000
3 7,365 2,309 2,869 3,478 3,910 4,470 5,079 250,000 250,000 250,000
4 10,070 3,667 4,582 5,618 5,101 6,016 7,052 250,000 250,000 250,000
5 12,909 4,977 6,333 7,932 6,245 7,600 9,199 250,000 250,000 250,000
6 15,891 6,234 8,118 10,434 7,335 9,219 11,534 250,000 250,000 250,000
7 19,022 7,434 9,934 13,138 8,367 10,868 14,071 250,000 250,000 250,000
8 22,309 8,576 11,783 16,066 9,343 12,550 16,833 250,000 250,000 250,000
9 25,761 9,658 13,661 19,238 10,258 14,262 19,839 250,000 250,000 250,000
10 29,385 10,677 15,568 22,678 11,110 16,001 23,112 250,000 250,000 250,000
15 50,413 14,672 25,441 44,959 14,672 25,441 44,959 250,000 250,000 250,000
20 77,250 15,997 35,245 79,376 15,997 35,245 79,376 250,000 250,000 250,000
25 111,502 13,089 43,473 133,883 13,089 43,473 133,883 250,000 250,000 260,144
30 155,218 3,063 47,182 217,875 3,063 47,182 217,875 250,000 250,000 370,820
</TABLE>
IT IS EMPHASIZED THAT THE HYPOTHETICAL RESULTS SHOWN ABOVE AND ELSEWHERE IN THIS
PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE DEEMED A REPRESENTATION OF
PAST OR FUTURE GROSS ANNUAL RATES OF RETURN. ACTUAL RESULTS MAY BE HIGHER OR
LOWER THAN THOSE SHOWN AND WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING THE
ALLOCATIONS MADE BY A POLICYOWNER, THE FREQUENCY OF THE PREMIUM PAYMENTS CHOSEN
BY A POLICYOWNER, THE INVESTMENT EXPERIENCE OF THE POLICY'S VARIABLE INVESTMENT
OPTIONS, AND THE RATE OF INTEREST PAID ON AMOUNTS HELD IN THE FIXED-RATE OPTION.
THE DEATH BENEFIT, POLICY ACCOUNT VALUE AND NET CASH SURRENDER VALUE FOR A
POLICY WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL GROSS ANNUAL RATES OF
RETURN AVERAGED 0%, 6% AND 12% OVER A PERIOD OF YEARS, BUT VARIED ABOVE AND
BELOW THAT AVERAGE DURING THE PERIOD. THEY WOULD ALSO BE DIFFERENT IF ANY POLICY
LOANS OR OTHER POLICY TRANSACTIONS WERE EFFECTED DURING THE PERIOD. NO
REPRESENTATIONS CAN BE MADE BY GIAC OR THE MUTUAL FUNDS THAT THE ILLUSTRATED
HYPOTHETICAL RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER
ANY PERIOD OF TIME.
THE RECALCULATED BASIC SCHEDULED PREMIUM AT ATTAINED AGE 70 WOULD BE $17,490.00,
ASSUMING THE 0% RETURN; $14,351.25, ASSUMING THE 6% RETURN; AND $2,225.00,
ASSUMING THE 12% RETURN.
A-3
<PAGE>
Male Issue Age 35, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 2
These values reflect CURRENT cost of insurance and other charges
<TABLE>
<CAPTION>
Premiums
Accumulated NET CASH SURRENDER VALUE POLICY ACCOUNT VALUE DEATH BENEFIT
End of at 5% Assuming Hypothetical Gross Assuming Hypothetical Gross Assuming Hypothetical Gross
Policy Interest Annual Return of: Annual Return of: Annual Return of:
Year Per Year 0% 6% 12% 0% 6% 12% 0% 6% 12%
- ---- ------ -- -- --- -- -- --- -- -- ---
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1 2,336 0 0 0 1,445 1,547 1,650 250,000 250,000 250,000
2 4,789 1,144 1,440 1,749 2,867 3,163 3,472 250,000 250,000 250,000
3 7,365 2,643 3,226 3,859 4,244 4,827 5,460 250,000 250,000 250,000
4 10,070 4,207 5,175 6,267 5,641 6,609 7,701 250,000 250,000 250,000
5 12,909 5,727 7,180 8,887 6,994 8,447 10,155 250,000 250,000 250,000
6 15,891 7,202 9,245 11,743 8,303 10,345 12,844 250,000 250,000 250,000
7 19,022 8,635 11,373 14,861 9,569 12,307 15,795 250,000 250,000 250,000
8 22,309 10,034 13,576 18,278 10,801 14,343 19,045 250,000 250,000 250,000
9 25,761 11,365 15,825 21,994 11,966 16,425 22,594 250,000 250,000 250,000
10 29,385 12,648 18,139 26,059 13,082 18,572 26,493 250,000 250,000 250,000
15 50,413 18,408 30,936 53,316 18,408 30,936 53,316 250,000 250,000 255,066
20 77,250 21,454 44,677 96,134 21,453 44,677 96,134 250,000 250,000 282,134
25 111,502 21,780 59,681 164,836 21,780 59,681 164,836 250,000 250,000 333,836
30 155,218 19,387 76,802 276,262 19,387 76,802 276,262 250,000 250,000 470,194
</TABLE>
IT IS EMPHASIZED THAT THE HYPOTHETICAL RESULTS SHOWN ABOVE AND ELSEWHERE IN THIS
PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE DEEMED A REPRESENTATION OF
PAST OR FUTURE GROSS ANNUAL RATES OF RETURN. ACTUAL RESULTS MAY BE HIGHER OR
LOWER THAN THOSE SHOWN AND WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING THE
ALLOCATIONS MADE BY A POLICYOWNER, THE FREQUENCY OF THE PREMIUM PAYMENTS CHOSEN
BY A POLICYOWNER, THE INVESTMENT EXPERIENCE OF THE POLICY'S VARIABLE INVESTMENT
OPTIONS, AND THE RATE OF INTEREST PAID ON AMOUNTS HELD IN THE FIXED-RATE OPTION.
THE DEATH BENEFIT, POLICY ACCOUNT VALUE AND NET CASH SURRENDER VALUE FOR A
POLICY WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL GROSS ANNUAL RATES OF
RETURN AVERAGED 0%, 6% AND 12% OVER A PERIOD OF YEARS, BUT VARIED ABOVE AND
BELOW THAT AVERAGE DURING THE PERIOD. THEY WOULD ALSO BE DIFFERENT IF ANY POLICY
LOANS OR OTHER POLICY TRANSACTIONS WERE EFFECTED DURING THE PERIOD. NO
REPRESENTATIONS CAN BE MADE BY GIAC OR THE MUTUAL FUNDS THAT THE ILLUSTRATED
HYPOTHETICAL RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER
ANY PERIOD OF TIME.
THE RECALCULATED BASIC SCHEDULED PREMIUM AT ATTAINED AGE 70 WOULD BE $17,490.00,
ASSUMING THE 0% RETURN; $6,181.23, ASSUMING THE 6% RETURN; AND $2,225.00,
ASSUMING THE 12% RETURN.
A-4
<PAGE>
Male Issue Age 35, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 2
These values reflect GUARANTEED cost of insurance and other charges
<TABLE>
<CAPTION>
Premiums
Accumulated NET CASH SURRENDER VALUE POLICY ACCOUNT VALUE DEATH BENEFIT
End of at 5% Assuming Hypothetical Gross Assuming Hypothetical Gross Assuming Hypothetical Gross
Policy Interest Annual Return of: Annual Return of: Annual Return of:
Year Per Year 0% 6% 12% 0% 6% 12% 0% 6% 12%
- ---- ------ -- -- --- -- -- --- -- -- ---
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1 2,336 0 0 0 1,440 1,542 1,644 250,000 250,000 250,000
2 4,789 974 1,264 1,566 2,697 2,987 3,289 250,000 250,000 250,000
3 7,365 2,309 2,869 3,478 3,910 4,470 5,079 250,000 250,000 250,000
4 10,070 3,667 4,582 5,618 5,101 6,016 7,052 250,000 250,000 250,000
5 12,909 4,977 6,333 7,932 6,245 7,600 9,199 250,000 250,000 250,000
6 15,891 6,234 8,118 10,434 7,335 9,219 11,534 250,000 250,000 250,000
7 19,022 7,434 9,934 13,138 8,367 10,868 14,071 250,000 250,000 250,000
8 22,309 8,576 11,783 16,066 9,343 12,550 16,833 250,000 250,000 250,000
9 25,761 9,658 13,661 19,238 10,258 14,262 19,839 250,000 250,000 250,000
10 29,385 10,677 15,568 22,678 11,110 16,001 23,112 250,000 250,000 250,000
15 50,413 14,672 25,441 44,959 14,672 25,441 44,959 250,000 250,000 250,000
20 77,250 15,997 35,245 79,153 15,997 35,245 79,153 250,000 250,000 265,154
25 111,502 13,089 43,473 131,553 13,089 43,473 131,553 250,000 250,000 300,554
30 155,218 3,063 47,182 212,178 3,063 47,182 212,178 250,000 250,000 361,678
</TABLE>
IT IS EMPHASIZED THAT THE HYPOTHETICAL RESULTS SHOWN ABOVE AND ELSEWHERE IN THIS
PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE DEEMED A REPRESENTATION OF
PAST OR FUTURE GROSS ANNUAL RATES OF RETURN. ACTUAL RESULTS MAY BE HIGHER OR
LOWER THAN THOSE SHOWN AND WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING THE
ALLOCATIONS MADE BY A POLICYOWNER, THE FREQUENCY OF THE PREMIUM PAYMENTS CHOSEN
BY A POLICYOWNER, THE INVESTMENT EXPERIENCE OF THE POLICY'S VARIABLE INVESTMENT
OPTIONS, AND THE RATE OF INTEREST PAID ON AMOUNTS HELD IN THE FIXED-RATE OPTION.
THE DEATH BENEFIT, POLICY ACCOUNT VALUE AND NET CASH SURRENDER VALUE FOR A
POLICY WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL GROSS ANNUAL RATES OF
RETURN AVERAGED 0%, 6% AND 12% OVER A PERIOD OF YEARS, BUT VARIED ABOVE AND
BELOW THAT AVERAGE DURING THE PERIOD. THEY WOULD ALSO BE DIFFERENT IF ANY POLICY
LOANS OR OTHER POLICY TRANSACTIONS WERE EFFECTED DURING THE PERIOD. NO
REPRESENTATIONS CAN BE MADE BY GIAC OR THE MUTUAL FUNDS THAT THE
ILLUSTRATED HYPOTHETICAL RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE YEAR OR
SUSTAINED OVER ANY PERIOD OF TIME. THE RECALCULATED BASIC SCHEDULED PREMIUM AT
ATTAINED AGE 70 WOULD BE $17,490.00, ASSUMING THE 0% RETURN; $14,351.25,
ASSUMING THE 6% RETURN; AND $2,225.00, ASSUMING THE 12% RETURN.
A-5
<PAGE>
Male Issue Age 45, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 1
These values reflect CURRENT cost of insurance and other charges
<TABLE>
<CAPTION>
Premiums
Accumulated NET CASH SURRENDER VALUE POLICY ACCOUNT VALUE DEATH BENEFIT
End of at 5% Assuming Hypothetical Gross Assuming Hypothetical Gross Assuming Hypothetical Gross
Policy Interest Annual Return of: Annual Return of: Annual Return of:
Year Per Year 0% 6% 12% 0% 6% 12% 0% 6% 12%
- ---- ------ -- -- --- -- -- --- -- -- ---
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1 3,691 252 414 577 2,295 2,458 2,621 250,000 250,000 250,000
2 7,566 2,444 2,914 3,403 4,529 4,998 5,487 250,000 250,000 250,000
3 11,635 4,755 5,679 6,682 6,704 7,628 8,631 250,000 250,000 250,000
4 15,908 7,143 8,675 10,406 8,887 10,419 12,149 250,000 250,000 250,000
5 20,394 9,470 11,770 14,475 11,008 13,308 16,013 250,000 250,000 250,000
6 25,104 11,695 14,926 18,883 13,027 16,259 20,216 250,000 250,000 250,000
7 30,050 13,766 18,095 23,618 14,893 19,222 24,745 250,000 250,000 250,000
8 35,243 15,657 21,250 28,689 16,578 22,172 29,611 250,000 250,000 250,000
9 40,696 17,355 24,377 34,125 18,071 25,093 34,842 250,000 250,000 250,000
10 46,422 18,847 27,464 39,960 19,358 27,975 40,471 250,000 250,000 250,000
15 79,641 25,323 44,555 79,565 25,323 44,555 79,565 250,000 250,000 250,000
20 122,038 28,854 64,005 145,243 28,854 64,005 145,243 250,000 250,000 250,000
25 176,149 27,349 85,074 252,210 27,349 85,074 252,210 250,000 250,000 381,732
</TABLE>
IT IS EMPHASIZED THAT THE HYPOTHETICAL RESULTS SHOWN ABOVE AND ELSEWHERE IN THIS
PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE DEEMED A REPRESENTATION OF
PAST OR FUTURE GROSS ANNUAL RATES OF RETURN. ACTUAL RESULTS MAY BE HIGHER OR
LOWER THAN THOSE SHOWN AND WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING THE
ALLOCATIONS MADE BY A POLICYOWNER, THE FREQUENCY OF THE PREMIUM PAYMENTS CHOSEN
BY A POLICYOWNER, THE INVESTMENT EXPERIENCE OF THE POLICY'S VARIABLE INVESTMENT
OPTIONS, AND THE RATE OF INTEREST PAID ON AMOUNTS HELD IN THE FIXED-RATE OPTION.
THE DEATH BENEFIT, POLICY ACCOUNT VALUE AND NET CASH SURRENDER VALUE FOR A
POLICY WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL GROSS ANNUAL RATES OF
RETURN AVERAGED 0%, 6% AND 12% OVER A PERIOD OF YEARS, BUT VARIED ABOVE AND
BELOW THAT AVERAGE DURING THE PERIOD. THEY WOULD ALSO BE DIFFERENT IF ANY POLICY
LOANS OR OTHER POLICY TRANSACTIONS WERE EFFECTED DURING THE PERIOD. NO
REPRESENTATIONS CAN BE MADE BY GIAC OR THE MUTUAL FUNDS THAT THE ILLUSTRATED
HYPOTHETICAL RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER
ANY PERIOD OF TIME.
THE RECALCULATED BASIC SCHEDULED PREMIUM AT ATTAINED AGE 70 WOULD BE $16,170.00,
ASSUMING THE 0% RETURN; $7,219.71, ASSUMING THE 6% RETURN; AND $3,515.00,
ASSUMING THE 12% RETURN.
A-6
<PAGE>
Male Issue Age 45, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 1
These values reflect GUARANTEED cost of insurance and other charges
<TABLE>
<CAPTION>
Premiums
Accumulated NET CASH SURRENDER VALUE POLICY ACCOUNT VALUE DEATH BENEFIT
End of at 5% Assuming Hypothetical Gross Assuming Hypothetical Gross Assuming Hypothetical Gross
Policy Interest Annual Return of: Annual Return of: Annual Return of:
Year Per Year 0% 6% 12% 0% 6% 12% 0% 6% 12%
- ---- ------ -- -- --- -- -- --- -- -- ---
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1 3,691 243 405 568 2,287 2,449 2,612 250,000 250,000 250,000
2 7,566 2,159 2,617 3,096 4,243 4,701 5,180 250,000 250,000 250,000
3 11,635 4,156 5,040 6,002 6,105 6,989 7,951 250,000 250,000 250,000
4 15,908 6,151 7,591 9,223 7,895 9,334 10,967 250,000 250,000 250,000
5 20,394 8,043 10,170 12,682 9,581 11,708 14,221 250,000 250,000 250,000
6 25,104 9,828 12,774 16,403 11,161 14,106 17,736 250,000 250,000 250,000
7 30,050 11,491 15,389 20,398 12,619 16,516 21,525 250,000 250,000 250,000
8 35,243 13,019 18,002 24,684 13,941 18,923 25,606 250,000 250,000 250,000
9 40,696 14,403 20,602 29,287 15,119 21,318 30,003 250,000 250,000 250,000
10 46,422 15,623 23,171 34,223 16,134 23,682 34,734 250,000 250,000 250,000
15 79,641 18,801 35,079 65,237 18,801 35,079 65,237 250,000 250,000 250,000
20 122,038 14,819 43,171 111,731 14,819 43,171 111,731 250,000 250,000 250,000
25 176,149 0 41,650 185,854 (1,785) 41,650 185,854 250,000 250,000 281,299
</TABLE>
IT IS EMPHASIZED THAT THE HYPOTHETICAL RESULTS SHOWN ABOVE AND ELSEWHERE IN THIS
PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE DEEMED A REPRESENTATION OF
PAST OR FUTURE GROSS ANNUAL RATES OF RETURN. ACTUAL RESULTS MAY BE HIGHER OR
LOWER THAN THOSE SHOWN AND WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING THE
ALLOCATIONS MADE BY A POLICYOWNER, THE FREQUENCY OF THE PREMIUM PAYMENTS CHOSEN
BY A POLICYOWNER, THE INVESTMENT EXPERIENCE OF THE POLICY'S VARIABLE INVESTMENT
OPTIONS, AND THE RATE OF INTEREST PAID ON AMOUNTS HELD IN THE FIXED-RATE OPTION.
THE DEATH BENEFIT, POLICY ACCOUNT VALUE AND NET CASH SURRENDER VALUE FOR A
POLICY WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL GROSS ANNUAL RATES OF
RETURN AVERAGED 0%, 6% AND 12% OVER A PERIOD OF YEARS, BUT VARIED ABOVE AND
BELOW THAT AVERAGE DURING THE PERIOD. THEY WOULD ALSO BE DIFFERENT IF ANY POLICY
LOANS OR OTHER POLICY TRANSACTIONS WERE EFFECTED DURING THE PERIOD. NO
REPRESENTATIONS CAN BE MADE BY GIAC OR THE MUTUAL FUNDS THAT THE ILLUSTRATED
HYPOTHETICAL RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER
ANY PERIOD OF TIME.
THE RECALCULATED BASIC SCHEDULED PREMIUM AT ATTAINED AGE 70 WOULD BE $16,170.00,
ASSUMING THE 0% RETURN; $14,236.37, ASSUMING THE 6% RETURN; AND $3,515.00,
ASSUMING THE 12% RETURN.
A-7
<PAGE>
Male Issue Age 45, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 2
These values reflect CURRENT cost of insurance and other charges
<TABLE>
<CAPTION>
Premiums
Accumulated NET CASH SURRENDER VALUE POLICY ACCOUNT VALUE DEATH BENEFIT
End of at 5% Assuming Hypothetical Gross Assuming Hypothetical Gross Assuming Hypothetical Gross
Policy Interest Annual Return of: Annual Return of: Annual Return of:
Year Per Year 0% 6% 12% 0% 6% 12% 0% 6% 12%
- ---- ------ -- -- --- -- -- --- -- -- ---
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1 3,691 252 414 577 2,295 2,458 2,621 250,000 250,000 250,000
2 7,566 2,444 2,914 3,403 4,529 4,998 5,487 250,000 250,000 250,000
3 11,635 4,755 5,679 6,682 6,704 7,628 8,631 250,000 250,000 250,000
4 15,908 7,143 8,675 10,406 8,887 10,419 12,149 250,000 250,000 250,000
5 20,394 9,470 11,770 14,475 11,008 13,308 16,013 250,000 250,000 250,000
6 25,104 11,695 14,926 18,883 13,027 16,259 20,216 250,000 250,000 250,000
7 30,050 13,766 18,095 23,618 14,893 19,222 24,745 250,000 250,000 250,000
8 35,243 15,657 21,250 28,689 16,578 22,172 29,611 250,000 250,000 250,000
9 40,696 17,355 24,377 34,125 18,071 25,093 34,842 250,000 250,000 250,000
10 46,422 18,847 27,464 39,960 19,358 27,975 40,471 250,000 250,000 250,000
15 79,641 25,323 44,555 79,277 25,323 44,555 79,277 250,000 250,000 266,277
20 122,038 28,854 64,005 142,507 28,854 64,005 142,507 250,000 250,000 308,007
25 176,149 27,349 85,074 244,208 27,349 85,074 244,208 250,000 250,000 386,208
</TABLE>
IT IS EMPHASIZED THAT THE HYPOTHETICAL RESULTS SHOWN ABOVE AND ELSEWHERE IN THIS
PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE DEEMED A REPRESENTATION OF
PAST OR FUTURE GROSS ANNUAL RATES OF RETURN. ACTUAL RESULTS MAY BE HIGHER OR
LOWER THAN THOSE SHOWN AND WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING THE
ALLOCATIONS MADE BY A POLICYOWNER, THE FREQUENCY OF THE PREMIUM PAYMENTS CHOSEN
BY A POLICYOWNER, THE INVESTMENT EXPERIENCE OF THE POLICY'S VARIABLE INVESTMENT
OPTIONS, AND THE RATE OF INTEREST PAID ON AMOUNTS HELD IN THE FIXED-RATE OPTION.
THE DEATH BENEFIT, POLICY ACCOUNT VALUE AND NET CASH SURRENDER VALUE FOR A
POLICY WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL GROSS ANNUAL RATES OF
RETURN AVERAGED 0%, 6% AND 12% OVER A PERIOD OF YEARS, BUT VARIED ABOVE AND
BELOW THAT AVERAGE DURING THE PERIOD. THEY WOULD ALSO BE DIFFERENT IF ANY POLICY
LOANS OR OTHER POLICY TRANSACTIONS WERE EFFECTED DURING THE PERIOD. NO
REPRESENTATIONS CAN BE MADE BY GIAC OR THE MUTUAL FUNDS THAT THE ILLUSTRATED
HYPOTHETICAL RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER
ANY PERIOD OF TIME.
THE RECALCULATED BASIC SCHEDULED PREMIUM AT ATTAINED AGE 70 WOULD BE $16,170.00,
ASSUMING THE 0% RETURN; $7,219.71, ASSUMING THE 6% RETURN; AND $3,515.00
ASSUMING THE 12% RETURN.
A-8
<PAGE>
Male Issue Age 45, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 2
These values reflect GUARANTEED cost of insurance and other charges
<TABLE>
<CAPTION>
Premiums
Accumulated NET CASH SURRENDER VALUE POLICY ACCOUNT VALUE DEATH BENEFIT
End of at 5% Assuming Hypothetical Gross Assuming Hypothetical Gross Assuming Hypothetical Gross
Policy Interest Annual Return of: Annual Return of: Annual Return of:
Year Per Year 0% 6% 12% 0% 6% 12% 0% 6% 12%
- ---- ------ -- -- --- -- -- --- -- -- ---
<S> <C> <C> <C> <C> <C> <C> <C> <C> <C> <C>
1 3,691 243 405 568 2,287 2,449 2,612 250,000 250,000 250,000
2 7,566 2,159 2,617 3,096 4,243 4,701 5,180 250,000 250,000 250,000
3 11,635 4,156 5,040 6,002 6,105 6,989 7,951 250,000 250,000 250,000
4 15,908 6,151 7,591 9,223 7,895 9,334 10,967 250,000 250,000 250,000
5 20,394 8,043 10,170 12,682 9,581 11,708 14,221 250,000 250,000 250,000
6 25,104 9,828 12,774 16,403 11,161 14,106 17,736 250,000 250,000 250,000
7 30,050 11,491 15,389 20,398 12,619 16,516 21,525 250,000 250,000 250,000
8 35,243 13,019 18,002 24,684 13,941 18,923 25,606 250,000 250,000 250,000
9 40,696 14,403 20,602 29,287 15,119 21,318 30,003 250,000 250,000 250,000
10 46,422 15,623 23,171 34,223 16,134 23,682 34,734 250,000 250,000 250,000
15 79,641 18,801 35,079 65,210 18,801 35,079 65,210 250,000 250,000 252,210
20 122,038 14,819 43,171 110,208 14,819 43,171 110,208 250,000 250,000 275,708
25 176,149 0 41,650 175,717 (1,785) 41,650 175,717 250,000 250,000 317,717
</TABLE>
IT IS EMPHASIZED THAT THE HYPOTHETICAL RESULTS SHOWN ABOVE AND ELSEWHERE IN THIS
PROSPECTUS ARE ILLUSTRATIVE ONLY AND SHOULD NOT BE DEEMED A REPRESENTATION OF
PAST OR FUTURE GROSS ANNUAL RATES OF RETURN. ACTUAL RESULTS MAY BE HIGHER OR
LOWER THAN THOSE SHOWN AND WILL DEPEND ON A NUMBER OF FACTORS, INCLUDING THE
ALLOCATIONS MADE BY A POLICYOWNER, THE FREQUENCY OF THE PREMIUM PAYMENTS CHOSEN
BY A POLICYOWNER, THE INVESTMENT EXPERIENCE OF THE POLICY'S VARIABLE INVESTMENT
OPTIONS, AND THE RATE OF INTEREST PAID ON AMOUNTS HELD IN THE FIXED-RATE OPTION.
THE DEATH BENEFIT, POLICY ACCOUNT VALUE AND NET CASH SURRENDER VALUE FOR A
POLICY WOULD BE DIFFERENT FROM THOSE SHOWN IF THE ACTUAL GROSS ANNUAL RATES OF
RETURN AVERAGED 0%, 6% AND 12% OVER A PERIOD OF YEARS, BUT VARIED ABOVE AND
BELOW THAT AVERAGE DURING THE PERIOD. THEY WOULD ALSO BE DIFFERENT IF ANY POLICY
LOANS OR OTHER POLICY TRANSACTIONS WERE EFFECTED DURING THE PERIOD. NO
REPRESENTATIONS CAN BE MADE BY GIAC OR THE MUTUAL FUNDS THAT THE ILLUSTRATED
HYPOTHETICAL RATES OF RETURN CAN BE ACHIEVED FOR ANY ONE YEAR OR SUSTAINED OVER
ANY PERIOD OF TIME.
THE RECALCULATED BASIC SCHEDULED PREMIUM AT ATTAINED AGE 70 WOULD BE $16,170.00,
ASSUMING THE 0% RETURN; $14,236.37, ASSUMING THE 6% RETURN; AND $3,515.00,
ASSUMING THE 12% RETURN.
A-9
<PAGE>
APPENDIX B
INVESTMENT EXPERIENCE INFORMATION
This Appendix provides hypothetical illustrations of the Separate Account's and
the policy's investment experience based on the historical investment experience
of the mutual funds. It does not represent what may happen in the future.
GIAC began to offer the policies and the Separate Account commenced its
operations on September 1, 1995. The mutual funds commenced their operations on
the dates noted below:
Guardian Stock Fund Guardian Bond Fund
4/13/83 4/29/83
Guardian Cash Fund Baillie Gifford International Fund
11/10/81 2/8/91
Value Line Strategic Asset Value Line Centurion Fund
Management Trust 11/15/83
10/1/87
Even though the policies were not available when the mutual funds commenced
their operations, the illustrations are based on the actual investment
experience of the mutual funds since their respective inception dates. The
illustrations reflect deductions for each fund's expenses, as well as the
Separate Account's charge for mortality and expense risks, which is currently
deducted each day at an annual rate of .60% of the Separate Account's assets.
The illustrations assume that annual Policy Premiums were paid at the beginning
of each policy year and that no loans, partial withdrawals, transfers or other
policyowner transactions were made during the periods shown. The results for The
Guardian Stock Fund and The Guardian Bond Fund reflect the effects of expense
reimbursements which occurred during the years ended December 31, 1984 and 1985.
Without these expense reimbursements, the results for these funds would be
lower.
Separate Account Investment Experiences
The policies are supported by the Separate Account which invests in the mutual
funds. The investment experience of the corresponding Variable Investment
Options chosen by a policyowner will affect the values and benefits of his or
her policy.
Many factors in addition to investment experience will affect the actual values
and benefits of a Policy. For instance, a policyowner's actual investment
experience will reflect the charges deducted from Policy Premiums, and the
Monthly or any Transaction Deductions from the Policy Account Value associated
with his or her policy. To the extent applicable to the situations covered by
the following illustrations, the results shown in the illustrations reflect that
GIAC reduces the Policy Premiums and Policy Account Value to pay charges and
deductions. See "Deductions and Charges."
Net Rates of Return
The "Annual Net Rate of Return" is the effective earnings rate at which the
Variable Investment Options would have increased or decreased over each one year
period, based on the investment experience of their corresponding mutual funds.
The rate is calculated by taking the difference between the ending unit values
and beginning unit values and dividing the result by the beginning unit values.
See "Amounts in the Separate Account" and "Net Investment Factor."
The "Effective Annual Net Rate of Return" since inception is the annualized
effective interest rate at which the Variable Investment Options would have
increased or decreased since the inception dates of their corresponding mutual
funds based on the funds' investment experience. For each Variable Investment
Option, the rate is calculated by taking the difference between the option's
ending unit value and the unit value on the date of its corresponding fund's
inception and dividing the result by the inception date's unit value. This
result is the total net rate of return since inception ("Total Return"). The
effective annual net rate of return is the rate which, if compounded annually,
would equal the Total Return since Inception.
Policy Performance
Option 1 Death Benefit
The first series of examples provided assumes that a policy with an Option 1
death benefit was issued for a male nonsmoker preferred risk at Age 35 with a
$250,000 Face Amount and annual Policy Premium of $2,225. Each example in this
series also assumes that 100% of the Policy Account Value is allocated to a
single Variable Investment Option. For this reason, it is further assumed that
the Policy Date for each example was the inception date for the applicable
option's corresponding mutual fund (see above). Thus, the due date for each
annually paid Policy Premiums is that same date each year. The second series of
examples assumes an Option 1 policy was issued for a male nonsmoker preferred
risk at Age 45 with a $250,000 Face Amount and annual Policy Premiums of $3,515
under the same additional circumstances as the first series of examples. These
illustrations of policy performance reflect all charges applicable to the
policy, including cost of insurance charges based on GIAC's current rates for
the subject insureds.
Option 2 Death Benefit
The first series of examples provided assumes that a policy with an Option 2
death benefit was issued for a male nonsmoker preferred risk at Age 35 with a
$250,000 Face Amount and annual Policy Premium of $2,225. Each example in this
series also assumes that 100% of the Policy Account Value is allocated to a
single Variable Investment Option. For this reason, it is further assumed that
the Policy Date for each example was the inception date for the applicable
option's corresponding mutual fund (see above). Thus, the due date for each
annually paid Policy Premiums is that same date each year. The second series of
examples assumes an Option 2 policy was issued for a male nonsmoker preferred
risk at Age 45 with a $250,000 Face Amount and annual Policy Premiums of $3,515
under the same additional circumstances as the first series of examples. These
illustrations of policy performance reflect all charges applicable to the
policy, including cost of insurance charges based on GIAC's current rates for
the subject insureds.
B-1
<PAGE>
Male Issue Age 35, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 1
THE GUARDIAN STOCK FUND
<TABLE>
<CAPTION>
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
<S> <C> <C> <C> <C> <C> <C>
04/13/83 12/31/83 2,225 9.80% 44 1,778 250,000
01/01/84 12/31/84 4,450 10.13% 1,815 3,538 250,000
01/01/85 12/31/85 6,675 31.22% 4,830 6,431 250,000
01/01/86 12/31/86 8,900 16.40% 7,704 9,138 250,000
01/01/87 12/31/87 11,125 1.26% 9,459 10,726 250,000
01/01/88 12/31/88 13,350 19.65% 13,386 14,486 250,000
01/01/89 12/31/89 15,575 22.81% 18,521 19,454 250,000
01/01/90 12/31/90 17,800 -12.38% 17,531 18,298 250,000
01/01/91 12/31/91 20,025 35.15% 25,860 26,460 250,000
01/01/92 12/31/92 22,250 19.35% 32,687 33,121 250,000
01/01/93 12/31/93 24,475 19.24% 40,753 41,020 250,000
01/01/94 12/31/94 26,700 -1.86% 41,436 41,536 250,000
01/01/95 12/31/95 28,925 33.85% 57,426 57,426 250,000
THE GUARDIAN BOND FUND
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
05/01/83 12/31/83 2,225 -1.15% (106) 1,628 250,000
01/01/84 12/31/84 4,450 12.36% 1,697 3,420 250,000
01/01/85 12/31/85 6,675 21.63% 4,219 5,820 250,000
01/01/86 12/31/86 8,900 14.15% 6,815 8,249 250,000
01/01/87 12/31/87 11,125 -0.28% 8,414 9,681 250,000
01/01/88 12/31/88 13,350 9.04% 10,980 12,081 250,000
01/01/89 12/31/89 15,575 13.20% 14,281 15,214 250,000
01/01/90 12/31/90 17,800 6.93% 16,961 17,728 250,000
01/01/91 12/31/91 20,025 15.49% 21,379 21,979 250,000
01/01/92 12/31/92 22,250 7.05% 24,486 24,920 250,000
01/01/93 12/31/93 24,475 9.19% 28,330 28,597 250,000
01/01/94 12/31/94 26,700 -4.03% 28,576 28,676 250,000
01/01/95 12/31/95 28,925 16.89% 35,064 35,064 250,000
VALUE LINE STRATEGIC ASSET MANAGEMENT TRUST
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
10/01/87 12/31/87 2,225 -5.28% 43 1,777 250,000
01/01/88 12/31/88 4,450 9.19% 1,701 3,424 250,000
01/01/89 12/31/89 6,675 24.80% 4,170 5,770 250,000
01/01/90 12/31/90 8,900 -0.75% 5,737 7,171 250,000
01/01/91 12/31/91 11,125 42.48% 10,487 11,754 250,000
01/01/92 12/31/92 13,350 14.36% 13,814 14,915 250,000
01/01/93 12/31/93 15,575 11.19% 17,092 18,026 250,000
01/01/94 12/31/94 17,800 -5.45% 17,666 18,433 250,000
01/01/95 12/31/95 20,025 27.77% 24,385 24,985 250,000
</TABLE>
B-2
<PAGE>
Male Issue Age 35, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 1
<TABLE>
<CAPTION>
VALUE LINE CENTURION FUND
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
<S> <C> <C> <C> <C> <C> <C>
11/15/83 12/31/83 2,225 -8.37% 29 1,763 250,000
01/01/84 12/31/84 4,450 -8.73% 1,353 3,076 250,000
01/01/85 12/31/85 6,675 31.14% 3,878 5,479 250,000
01/01/86 12/31/86 8,900 16.13% 6,364 7,798 250,000
01/01/87 12/31/87 11,125 -3.43% 7,734 9,001 250,000
01/01/88 12/31/88 13,350 6.94% 9,967 11,067 250,000
01/01/89 12/31/89 15,575 30.70% 14,934 15,868 250,000
01/01/90 12/31/90 17,800 4.93% 17,280 18,047 250,000
01/01/91 12/31/91 20,025 51.27% 28,045 28,645 250,000
01/01/92 12/31/92 22,250 5.30% 31,076 31,509 250,000
01/01/93 12/31/93 24,475 8.56% 35,257 35,523 250,000
01/01/94 12/31/94 26,700 -2.80% 35,735 35,835 250,000
01/01/95 12/31/95 28,925 39.24% 51,269 51,269 250,000
BAILLIE GIFFORD INTERNATIONAL FUND
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
02/08/91 12/31/91 2,225 7.98% (82) 1,652 250,000
01/01/92 12/31/92 4,450 -9.45% 1,092 2,815 250,000
01/01/93 12/31/93 6,675 33.24% 4,081 5,682 250,000
01/01/94 12/31/94 8,900 0.27% 5,739 7,173 250,000
01/01/95 12/31/95 11,125 10.57% 8,276 9,544 250,000
</TABLE>
B-3
<PAGE>
Male Issue Age 35, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 2
<TABLE>
<CAPTION>
THE GUARDIAN STOCK FUND
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
<S> <C> <C> <C> <C> <C> <C>
04/13/83 12/31/83 2,225 9.80% 44 1,778 250,000
01/01/84 12/31/84 4,450 10.13% 1,815 3,538 250,000
01/01/85 12/31/85 6,675 31.22% 4,830 6,431 250,000
01/01/86 12/31/86 8,900 16.40% 7,704 9,138 250,000
01/01/87 12/31/87 11,125 1.26% 9,459 10,726 250,000
01/01/88 12/31/88 13,350 19.65% 13,386 14,486 250,000
01/01/89 12/31/89 15,575 22.81% 18,521 19,454 250,000
01/01/90 12/31/90 17,800 -12.38% 17,531 18,298 250,000
01/01/91 12/31/91 20,025 35.15% 25,860 26,460 250,000
01/01/92 12/31/92 22,250 19.35% 32,687 33,121 250,000
01/01/93 12/31/93 24,475 19.24% 40,746 41,013 255,097
01/01/94 12/31/94 26,700 -1.86% 41,420 41,520 252,937
01/01/95 12/31/95 28,925 33.85% 57,375 57,375 266,042
THE GUARDIAN BOND FUND
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
05/01/83 12/31/83 2,225 -1.15% (106) 1,628 250,000
01/01/84 12/31/84 4,450 12.36% 1,697 3,420 250,000
01/01/85 12/31/85 6,675 21.63% 4,219 5,820 250,000
01/01/86 12/31/86 8,900 14.15% 6,815 8,249 250,000
01/01/87 12/31/87 11,125 -0.28% 8,414 9,681 250,000
01/01/88 12/31/88 13,350 9.04% 10,980 12,081 250,000
01/01/89 12/31/89 15,575 13.20% 14,281 15,214 250,000
01/01/90 12/31/90 17,800 6.93% 16,961 17,728 250,000
01/01/91 12/31/91 20,025 15.49% 21,379 21,979 250,000
01/01/92 12/31/92 22,250 7.05% 24,486 24,920 250,000
01/01/93 12/31/93 24,475 9.19% 28,330 28,597 250,000
01/01/94 12/31/94 26,700 -4.03% 28,576 28,676 250,000
01/01/95 12/31/95 28,925 16.89% 35,064 35,064 250,000
VALUE LINE STRATEGIC ASSET MANAGEMENT TRUST
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
10/01/87 12/31/87 2,225 -5.28% 43 1,777 250,000
01/01/88 12/31/88 4,450 9.19% 1,701 3,424 250,000
01/01/89 12/31/89 6,675 24.80% 4,170 5,770 250,000
01/01/90 12/31/90 8,900 -0.75% 5,737 7,171 250,000
01/01/91 12/31/91 11,125 42.48% 10,487 11,754 250,000
01/01/92 12/31/92 13,350 14.36% 13,814 14,915 250,000
01/01/93 12/31/93 15,575 11.19% 17,092 18,026 250,000
01/01/94 12/31/94 17,800 -5.45% 17,666 18,433 250,000
01/01/95 12/31/95 20,025 27.77% 24,385 24,985 250,000
</TABLE>
B-4
<PAGE>
Male Issue Age 35, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 2
<TABLE>
<CAPTION>
VALUE LINE CENTURION FUND
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
<S> <C> <C> <C> <C> <C> <C>
11/15/83 12/31/83 2,225 -8.37% 29 1,763 250,000
01/01/84 12/31/84 4,450 -8.73% 1,353 3,076 250,000
01/01/85 12/31/85 6,675 31.14% 3,878 5,479 250,000
01/01/86 12/31/86 8,900 16.13% 6,364 7,798 250,000
01/01/87 12/31/87 11,125 -3.43% 7,734 9,001 250,000
01/01/88 12/31/88 13,350 6.94% 9,967 11,067 250,000
01/01/89 12/31/89 15,575 30.70% 14,934 15,868 250,000
01/01/90 12/31/90 17,800 4.93% 17,280 18,047 250,000
01/01/91 12/31/91 20,025 51.27% 28,045 28,645 250,000
01/01/92 12/31/92 22,250 5.30% 31,076 31,509 250,000
01/01/93 12/31/93 24,475 8.56% 35,257 35,523 251,065
01/01/94 12/31/94 26,700 -2.80% 35,735 35,835 250,000
01/01/95 12/31/95 28,925 39.24% 51,257 51,257 261,528
BAILLIE GIFFORD INTERNATIONAL FUND
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
02/08/91 12/31/91 2,225 7.98% (82) 1,652 250,000
01/01/92 12/31/92 4,450 -9.45% 1,092 2,815 250,000
01/01/93 12/31/93 6,675 33.24% 4,081 5,682 250,000
01/01/94 12/31/94 8,900 0.27% 5,739 7,173 250,000
01/01/95 12/31/95 11,125 10.57% 8,276 9,544 250,000
</TABLE>
B-5
<PAGE>
Male Issue Age 45, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 1
<TABLE>
<CAPTION>
THE GUARDIAN STOCK FUND
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
<S> <C> <C> <C> <C> <C> <C>
04/13/83 12/31/83 3,515 9.80% 776 2,819 250,000
01/01/84 12/31/84 7,030 10.13% 3,510 5,594 250,000
01/01/85 12/31/85 10,545 31.22% 8,217 10,166 250,000
01/01/86 12/31/86 14,060 16.40% 12,687 14,431 250,000
01/01/87 12/31/87 17,575 1.26% 15,390 16,928 250,000
01/01/88 12/31/88 21,090 19.65% 21,501 22,834 250,000
01/01/89 12/31/89 24,605 22.81% 29,446 30,574 250,000
01/01/90 12/31/90 28,120 -12.38% 27,659 28,581 250,000
01/01/91 12/31/91 31,635 35.15% 40,318 41,034 250,000
01/01/92 12/31/92 35,150 19.35% 50,512 51,023 250,000
01/01/93 12/31/93 38,665 19.24% 62,584 62,890 250,000
01/01/94 12/31/94 42,180 -1.86% 63,334 63,434 250,000
01/01/95 12/31/95 45,695 33.85% 87,437 87,437 250,000
THE GUARDIAN BOND FUND
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
05/01/83 12/31/83 3,515 -1.15% 537 2,581 250,000
01/01/84 12/31/84 7,030 12.36% 3,323 5,408 250,000
01/01/85 12/31/85 10,545 21.63% 7,249 9,198 250,000
01/01/86 12/31/86 14,060 14.15% 11,279 13,023 250,000
01/01/87 12/31/87 17,575 -0.28% 13,734 15,272 250,000
01/01/88 12/31/88 21,090 9.04% 17,696 19,029 250,000
01/01/89 12/31/89 24,605 13.20% 22,746 23,873 250,000
01/01/90 12/31/90 28,120 6.93% 26,707 27,629 250,000
01/01/91 12/31/91 31,635 15.49% 33,263 33,979 250,000
01/01/92 12/31/92 35,150 7.05% 37,665 38,176 250,000
01/01/93 12/31/93 38,665 9.19% 43,153 43,459 250,000
01/01/94 12/31/94 42,180 -4.03% 43,171 43,271 250,000
01/01/95 12/31/95 45,695 16.89% 52,560 52,560 250,000
VALUE LINE STRATEGIC ASSET MANAGEMENT TRUST
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
10/01/87 12/31/87 3,515 -5.28% 767 2,811 250,000
01/01/88 12/31/88 7,030 9.19% 3,334 5,419 250,000
01/01/89 12/31/89 10,545 24.80% 7,169 9,118 250,000
01/01/90 12/31/90 14,060 -0.75% 9,585 11,328 250,000
01/01/91 12/31/91 17,575 42.48% 17,009 18,547 250,000
01/01/92 12/31/92 21,090 14.36% 22,190 23,523 250,000
01/01/93 12/31/93 24,605 11.19% 27,253 28,381 250,000
01/01/94 12/31/94 28,120 -5.45% 27,969 28,891 250,000
01/01/95 12/31/95 31,635 27.77% 38,185 38,901 250,000
</TABLE>
B-6
<PAGE>
Male Issue Age 45, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 1
<TABLE>
<CAPTION>
THE VALUE LINE CENTURION FUND
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
<S> <C> <C> <C> <C> <C> <C>
11/15/83 12/31/83 3,515 -8.37% 744 2,787 250,000
01/01/84 12/31/84 7,030 -8.73% 2,784 4,869 250,000
01/01/85 12/31/85 10,545 31.14% 6,706 8,656 250,000
01/01/86 12/31/86 14,060 16.13% 10,575 12,318 250,000
01/01/87 12/31/87 17,575 -3.43% 12,662 14,200 250,000
01/01/88 12/31/88 21,090 6.94% 16,111 17,444 250,000
01/01/89 12/31/89 24,605 30.70% 23,829 24,957 250,000
01/01/90 12/31/90 28,120 4.93% 27,333 28,255 250,000
01/01/91 12/31/91 31,635 51.27% 43,865 44,581 250,000
01/01/92 12/31/92 35,150 5.30% 48,265 48,776 250,000
01/01/93 12/31/93 38,665 8.56% 54,345 54,651 250,000
01/01/94 12/31/94 42,180 -2.80% 54,745 54,845 250,000
01/01/95 12/31/95 45,695 39.24% 78,152 78,152 250,000
BAILLIE GIFFORD INTERNATIONAL FUND
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
02/08/91 12/31/91 3,515 7.98% 578 2,621 250,000
01/01/92 12/31/92 7,030 -9.45% 2,363 4,447 250,000
01/01/93 12/31/93 10,545 33.24% 7,030 8,979 250,000
01/01/94 12/31/94 14,060 0.27% 9,571 11,314 250,000
01/01/95 12/31/95 17,575 10.57% 13,506 15,044 250,000
</TABLE>
B-7
<PAGE>
Male Issue Age 45, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 2
<TABLE>
<CAPTION>
THE GUARDIAN STOCK FUND
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
<S> <C> <C> <C> <C> <C> <C>
04/13/83 12/31/83 3,515 9.80% 776 2,819 250,000
01/01/84 12/31/84 7,030 10.13% 3,510 5,594 250,000
01/01/85 12/31/85 10,545 31.22% 8,217 10,166 250,000
01/01/86 12/31/86 14,060 16.40% 12,687 14,431 250,000
01/01/87 12/31/87 17,575 1.26% 15,390 16,928 250,000
01/01/88 12/31/88 21,090 19.65% 21,501 22,834 250,000
01/01/89 12/31/89 24,605 22.81% 29,446 30,574 250,000
01/01/90 12/31/90 28,120 -12.38% 27,659 28,581 250,000
01/01/91 12/31/91 31,635 35.15% 40,318 41,034 250,951
01/01/92 12/31/92 35,150 19.35% 50,480 50,991 257,575
01/01/93 12/31/93 38,665 19.24% 62,461 62,766 266,100
01/01/94 12/31/94 42,180 -1.86% 63,113 63,213 263,130
01/01/95 12/31/95 45,695 33.85% 86,950 86,950 283,201
THE GUARDIAN BOND FUND
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
05/01/83 12/31/83 3,515 -1.15% 537 2,581 250,000
01/01/84 12/31/84 7,030 12.36% 3,323 5,408 250,000
01/01/85 12/31/85 10,545 21.63% 7,249 9,198 250,000
01/01/86 12/31/86 14,060 14.15% 11,279 13,023 250,000
01/01/87 12/31/87 17,575 -0.28% 13,734 15,272 250,000
01/01/88 12/31/88 21,090 9.04% 17,696 19,029 250,000
01/01/89 12/31/89 24,605 13.20% 22,746 23,873 250,000
01/01/90 12/31/90 28,120 6.93% 26,707 27,629 250,000
01/01/91 12/31/91 31,635 15.49% 33,263 33,979 250,000
01/01/92 12/31/92 35,150 7.05% 37,665 38,176 250,000
01/01/93 12/31/93 38,665 9.19% 43,153 43,459 250,000
01/01/94 12/31/94 42,180 -4.03% 43,175 43,275 250,000
01/01/95 12/31/95 45,695 16.89% 52,560 52,560 250,000
VALUE LINE STRATEGIC ASSET MANAGEMENT TRUST
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
10/01/87 12/31/87 3,515 -5.28% 767 2,811 250,000
01/01/88 12/31/88 7,030 9.19% 3,334 5,419 250,000
01/01/89 12/31/89 10,545 24.80% 7,169 9,118 250,000
01/01/90 12/31/90 14,060 -0.75% 9,585 11,328 250,000
01/01/91 12/31/91 17,575 42.48% 17,009 18,547 250,000
01/01/92 12/31/92 21,090 14.36% 22,190 23,523 250,000
01/01/93 12/31/93 24,605 11.19% 27,253 28,381 250,000
01/01/94 12/31/94 28,120 -5.45% 27,969 28,891 250,000
01/01/95 12/31/95 31,635 27.77% 38,185 38,901 250,568
</TABLE>
B-8
<PAGE>
Male Issue Age 45, Non-Smoker, Preferred Underwriting Risk
$250,000 Face Amount
Death Benefit Option 2
<TABLE>
<CAPTION>
VALUE LINE CENTURION FUND
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
<S> <C> <C> <C> <C> <C> <C>
11/15/83 12/31/83 3,515 -8.37% 744 2,787 250,000
01/01/84 12/31/84 7,030 -8.73% 2,784 4,869 250,000
01/01/85 12/31/85 10,545 31.14% 6,706 8,656 250,000
01/01/86 12/31/86 14,060 16.13% 10,575 12,318 250,000
01/01/87 12/31/87 17,575 -3.43% 12,662 14,200 250,000
01/01/88 12/31/88 21,090 6.94% 16,111 17,444 250,000
01/01/89 12/31/89 24,605 30.70% 23,829 24,957 250,000
01/01/90 12/31/90 28,120 4.93% 27,333 28,255 250,000
01/01/91 12/31/91 31,635 51.27% 43,860 44,576 256,535
01/01/92 12/31/92 35,150 5.30% 48,227 48,738 257,218
01/01/93 12/31/93 38,665 8.56% 54,255 54,561 259,790
01/01/94 12/31/94 42,180 -2.80% 54,615 54,715 256,674
01/01/95 12/31/95 45,695 39.24% 77,851 77,851 276,289
BAILLIE GIFFORD INTERNATIONAL FUND
Effective
Total Annual Net Cash Policy
Beginning Ending Premiums Net Rate Surrender Account Death
Date Date Paid of Return Value Value Benefit
- ---- ---- ---- --------- ----- ----- -------
02/08/91 12/31/91 3,515 7.98% 578 2,621 250,000
01/01/92 12/31/92 7,030 -9.45% 2,363 4,447 250,000
01/01/93 12/31/93 10,545 33.24% 7,030 8,979 250,000
01/01/94 12/31/94 14,060 0.27% 9,571 11,314 250,000
01/01/95 12/31/95 17,575 10.57% 13,506 15,044 250,000
</TABLE>
B-9
<PAGE>
APPENDIX C
LONG TERM MARKET TRENDS
This Appendix provides information about the historical returns on different
types of securities. This information is intended to help to provide a
perspective on the potential risks and rewards of investing in selected types of
securities over different periods of time. Together with an assessment of a
policyowner's financial goals, risk tolerance, time horizon and personal
expectations about investment performance, this information may be used to guide
allocation and transfer decisions. However, none of the historical returns
provided here are directly related to the performance of the Variable Investment
Options under a policy, and none of the mutual funds offered through the
Separate Account are managed to match the performance of unmanaged indices or
groups of securities. Most importantly, past performance does not assure future
results.
The source for the historical returns presented here is Stocks, Bonds, Bills and
Inflation (SBBI) 1996 YearbookTM, Ibbotson Associates, Chicago (Annually updates
work by Roger G. Ibbotson and Rex A. Sinquefield.) Used with permission. All
rights reserved. Ibbotson classifies securities as Large Company Stocks, Small
Company Stocks, Long-term Corporate Bonds, Long-term Government Bonds,
Intermediate-term Government Bonds and U.S. Treasury Bills. Inflation, as
measured by the Consumer Price Index for All Urban Consumers (CPI-U), is shown
for comparative purposes.
The returns reported by SBBI assume that dividends, capital gains and interest
are reinvested over time. The SBBI data do not reflect the effects of charges
associated with a Park Avenue Life policy. That information is discussed under
the prospectus heading "Deductions and Charges." It is important to remember
that although the policy's charges will reduce a policyowner's returns, they
permit GIAC to provide the benefits to policyowners and beneficiaries.
AVERAGE ANNUAL HISTORICAL RETURNS FOR CERTAIN TYPES OF SECURITIES
The following data indicate that, historically, the long-term investment
performance of common stocks has been positive and generally superior to that of
other types of securities.
[The table below was accompanied by a bar graph representing the Annual Returns
By Ibbotson Asset Class 1926 to 1995]
Average
Annual Returns
Ibbotson Asset Classes* 1926-1995
----------------------- ---------
A Large Company Stocks 10.5%
B Small Company Stocks 12.5%
C Long-Term Corporate Bonds 5.7%
D Long-Term Government Bonds 5.2%
E Intermediate-Term Government Bonds 5.3%
F US Treasury Bills 3.7%
G Inflation 3.1%
However, common stocks have also been subject to more dramatic changes in value
from year to year than other types of securities. The following bar chart shows
the ranges from highest to lowest of specific annual returns for each Ibbotson
Asset Class during the years 1926 through 1995. The accompanying table
identifies the returns for the best and worst years for each Ibbotson Asset
Class over the same span of time.
[The table below was accompanied by a bar graph representing the Range of
Returns By Ibbotson Asset Class One Year Holding Periods 1926-1995}
One Year Returns
Ibbotson Asset Classes* Maximum Value Minimum Value
----------------------- ------------- -------------
A Large Company Stocks 53.99% (1933) -43.34% (1931)
B Small Company Stocks 142.87% (1933) -58.01% (1937)
C Long-Term Corporate Bonds 42.56% (1982) -8.09% (1969)
D Long-Term Government
Bonds 40.36% (1982) -9.18% (1967)
E Intermediate-Term
Government Bonds 29.10% (1982) -5.14% (1994)
F US Treasury Bills 14.71% (1981) -0.02% (1938)
G Inflation 18.17% (1946) -10.30% (1932)
C-1
<PAGE>
In the 44 of the 70 one year holding periods charted by Ibbotson Associates for
the period 1926 through 1995, common stocks provided the highest returns of all
Asset Classes. Conversely, common stocks also experienced the highest number of
one year periods when losses occurred; 21 out of 70 periods for Small Company
Stocks and 20 out of 70 periods for Large Company Stocks.
A) Large Company Stock returns -- Standard & Poor's 500 Stock Index. This
unmanaged index is generally considered to be representative of U.S. stock
market activity.
B) Small Company Stock returns -- performance by companies having
capitalizations of at least $10,000,000, but which are listed within the ninth
or tenth deciles of the companies listed on the New York Stock Exchange or the
American Stock Exchange.
C) Long-term Corporate Bond returns -- for the period 1969-1995, the Salomon
Brothers Long-term, High-Grade Corporate Bond Index; for the period 1946-1968
the index was backdated using Salomon Brothers' data and a methodology similar
to that used by Salomon for 1969-1995; for the period 1926-1945, the Standard &
Poors' monthly High-Grade Corporate Composite yield data, assuming 4% coupons
and 20-year maturities.
D) Long-term Government Bond returns were determined using a one-bond portfolio
constructed each year and containing a reasonably current coupon bond with a
20-year maturity.
E) Intermediate-term Government Bond returns were determined using a one-bond
portfolio constructed each year and containing a reasonably current coupon bond
with a five-year maturity.
F) U.S. Treasury Bill returns -- C.R.S.P. U.S. Government Bond File through 1976
and The Wall Street Journal thereafter.
G) Inflation -- Consumer Price Index for all Urban Consumers.
LENGTHENING THE HOLDING PERIOD TO REDUCE THE IMPACT OF SHORT-TERM VOLATILITY
The following bar chart shows the ranges from highest to lowest of the average
annual returns for each Ibbotson Asset Class during the 61 overlapping 10-year
periods within the years 1926 through 1995 (i.e., 1926-1935, 1927-1936 and so on
through 1986-1995). The accompanying table identifies the returns for the best
and worst 10-year periods for each Ibbotson Asset Class within the years 1926
through 1995.
[The table below was accompanied by a bar graph representing the Range of
Returns By Ibbotson Asset Class 61 Overlapping Ten Year Holding Periods
1926-1995]
Ten Year Average Annual Returns
Ibbotson Asset Classes Maximum Value Minimum Value
---------------------- ------------- -------------
A Large Company Stocks 20.06% (1949-58) -0.89% (1929-38)
B Small Company Stocks 30.38% (1975-84) -5.70% (1929-38)
C Long-Term Corporate Bonds 16.32% (1982-91) 0.98% (1947-56)
D Long-Term Government
Bonds 15.56% (1982-91) -0.07% (1950-59)
E Intermediate-Term
Government Bonds 13.13% (1982-91) 1.25% (1947-56)
F US Treasury Bills 9.17% (1978-87) 0.15% (1933-42)*
G Inflation 8.67% (1973-82) -2.57% (1926-35)
* Also (1934-43)
In the 51 of the 61 10-year holding periods charted by Ibbotson Associates,
common stocks provided the highest returns of all Asset Classes, but also
experienced the highest number of 10-year periods when losses occurred; 2 out of
61 periods for each of Small Company Stocks and Large Company Stocks. However,
compared to the results for one-year periods, volatility was reduced as the
holding period lengthened.
When the holding period is lengthened to twenty years (see next page), common
stocks provided the highest returns of all Asset Classes in all 51 of the
overlapping 20 year periods within the years 1926 through 1995, and volatility
was reduced even further. Moreover, none of the Ibbotson Asset Classes realized
negative returns during the 51 periods.
C-2
<PAGE>
[The table below was accompanied by a bar graph representing the Range of
Returns By Ibbotson Asset Class 51 Overlapping Twenty Year Holding Periods
1926-1995]
Twenty Year Average Annual Returns
Ibbotson Asset Classes Maximum Value Minimum Value
---------------------- ------------- -------------
A Large Company Stocks 16.86% (1942-61) 3.11% (1929-48)
B Small Company Stocks 21.13% (1942-61) 5.74% (1929-48)
C Long-Term Corporate Bonds 10.58% (1976-95) 1.34% (1950-69)
D Long-Term Government
Bonds 10.45% (1976-95) 0.69% (1950-69)
E Intermediate-Term
Government Bonds 9.85% (1974-93) 1.58% (1940-59)
F US Treasury Bills 7.72% (1972-91) 0.42% (1931-50)
G Inflation 6.36% (1966-85) 0.07% (1926-45)
Overall, the SBBI data show that, historically, the longer that a portfolio of
common stocks was held, the more likely it became that results would be positive
and superior to those for the other Asset Classes. The data also show that when
the holding period was shorter, the chance of loss was more likely for all Asset
Classes, but particularly for common stocks. These trends indicate that it may
be advantageous for a policyowner who hopes to achieve long-term positive
returns within a Park Avenue Life policy to keep the policy in force, and select
Variable Investment Options which are consistent with future goals.
STOCKS AND BONDS VERSUS INFLATION
The SBBI data also show that common stock returns have outpaced inflation in
each of the 51 overlapping 20-year periods within the years 1926 through 1995.
While the returns on the three Asset Classes of bonds demonstrated less
volatility over time, they have not always kept pace with inflation. The
following graphs depict these comparisons.
Comparison: Stocks and Bonds Versus Inflation
For Ibbotson Asset Classes
[A graph representing "Comparison: Stocks and Bonds Versus Inflation
For Ibbotson Asset Classes" is represented in the printed material.]
C-3
<PAGE>
APPENDIX D
USES OF LIFE INSURANCE
The following are examples of ways in which the policy can be used to address
certain financial objectives, bearing in mind that variable life insurance is
not a short-term investment and that its primary purpose is to provide benefits
upon the death of the insured.
Family Income Protection
Life insurance may be purchased on the lives of a family's income earners to
provide a death benefit to cover final expenses, and continue the current income
to the family. The amount of insurance purchase should be an amount which will
provide a death benefit that when invested outside the policy at a reasonable
interest rate, will generate enough money to replace the insured's income.
Estate Protection
Life insurance may be purchased by a trust on the life of a person whose estate
will incur federal estate taxes upon his or her death. The amount of insurance
purchased should equal the amount of the estimated estate tax liability. Upon
the insured's death, the trustee could make the death proceeds available to the
estate for the payment of estate taxes.
Education Funding
Life insurance may be purchased on the life of the parent(s) or primary person
funding an education. The amount of insurance purchased should equal the total
education cost projected at a reasonable inflation rate.
In the event of the insured's death, the guaranteed death benefit is available
to help pay the education costs. If the insured lives through the education
years, the cash value accumulations may be accessed to help offset the remaining
education costs. Any policy loans or partial withdrawals will reduce the
policy's death benefit and may have tax consequences.
Mortgage Protection
Life insurance may be purchased on the life of the person(s) responsible for
making mortgage payments. The amount of insurance purchased should equal the
mortgage amount. In the event of the insured's death, the guaranteed death
benefit can be used to offset the remaining mortgage balance.
During the insured's lifetime, the cash value accumulations may be accessed late
in the mortgage term to help make the remaining mortgage payments. Any policy
loans or partial withdrawals will reduce the policy's death benefit and may have
tax consequences.
Key Person Protection
Life insurance may be purchased by a business on the life of a key person in an
amount equal to a key person's value, considering salary, benefits, and
contribution to business profits. Upon the key person's death, the business can
use the death benefit to ease the interruption of business operations and/or to
provide a replacement fund for hiring a new executive.
Business Continuation Protection
Life insurance may be purchased on the life of each business owner in an amount
equal to the value of each owner's business interest. In the event of death, the
guaranteed death benefit may provide the funds needed to carry out the purchase
of the deceased's business interest by the business, or surviving owners, from
the deceased owner's heirs.
Retirement Income
Life insurance may be purchased on the life of a family income earner during his
or her working life. If the insured lives to retirement, the cash value
accumulations may be accessed to provide retirement payments. In the event of
the insured's death, the proceeds may be used to provide retirement income to
his or her spouse. Any policy loans or partial withdrawals will reduce the
policy's death benefit and may have tax consequences.
Because the policy provides a death benefit and cash surrender value, the policy
can be used for various individual and business planning purposes. Purchasing
the policy in part for such purposes entails certain risks, particularly if the
policy's cash surrender value, as opposed to its death benefit, will be the
principal policy feature used for such planning purposes. If Policy Premiums are
not paid, the investment performance of the Variable Investment Options to which
Policy Account Value is allocated is poorer than anticipated, or insufficient
cash surrender value is maintained, then the policy may lapse or may not
accumulate sufficient values to fund the purpose for which the policy was
purchased. Because the policy is designed to provide benefits on a long-term
basis, before purchasing a policy for a specialized purpose, a purchaser should
consider whether the long-term nature of the policy is consistent with the
purpose for which it is being considered. (See "Tax Effects.")
Policyowners are urged to consult competent tax advisors about the possible tax
consequences of pre-death distributions from any life insurance policy,
including Park Avenue Life.
D-1
<PAGE>
APPENDIX E
ADDITIONAL BENEFITS BY RIDER
Additional benefits are available by riders to the policy. Riders are issued
subject to GIAC's standards for classifying risks. GIAC charges premiums for
additional benefit riders. These premium amounts are included in the Policy
Premium charged to a Park Avenue Life policyowner, but rider premiums are not
allocated to the Variable Investment Options or fixed-rate option under the
policy. The benefits provided by the riders are fully described in the riders
and summarized here.
Waiver of Premium -- this rider provides for the waiver of Policy Premiums
while the insured is totally disabled.
Accidental Death Benefit -- this rider provides additional insurance
coverage if the insured's death results from accidental bodily injury.
Yearly Renewable Term (YRT) Insurance -- this rider provides term
insurance for one year periods.
By adding a YRT rider to a Park Avenue Life policy, a policyowner can increase
the insurance coverage provided by the entire contract. Generally, term
insurance is intended to fill a temporary insurance need, and permanent (whole
life) insurance is intended to fill long-term insurance needs. Term insurance is
generally more economical for short periods, while permanent insurance is
generally more economical over longer periods. If a policyowner has a short-term
need for more insurance protection, it may be in his or her interest to
supplement a Park Avenue Life policy with a YRT rider. When the need abates, the
rider can be terminated without triggering surrender charges, which are imposed
when the policy's coverage is reduced during the first 12 policy years. See
"Reducing the Face Amount" and "Deductions and Charges."
GIAC may from time to time discontinue the availability of one or more of these
riders, or make other riders available. GIAC agents can provide information
about the current availablity of particular riders.
E-1
<PAGE>
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.
UNDERTAKING PURSUANT TO RULE 484
Under Article VIII of GIAC's By-Laws, as supplemented by Section 3.2 of
GIAC's Certificate of Incorporation, any past or present director or officer of
GIAC (including persons who serve at GIAC's request or for its benefit as
directors or officers of another corporation, or as its representative in a
partnership, joint venture, trust or other enterprise [hereinafter referred to
as a "Covered Person"]) is indemnified to the fullest extent permitted by law
against liability and all expenses reasonably incurred by such Covered Person in
connection with any action, suit or proceeding to which such Covered Person may
be a party or otherwise involved by reason of being or having been a Covered
Person. However, this provision does not protect a Covered Person against any
liability to either GIAC or its stockholder to which such Covered Person would
otherwise be subject by reason of willful misfeasance, bad faith, gross
negligence or reckless disregard of the duties involved in the conduct of the
Covered Person's office. This provision does protect a director of GIAC against
any liability to GIAC or its stockholder for monetary damages or for breach of
fiduciary duty as a director of GIAC, except for liability (i) for any breach of
the director's duty of loyalty to GIAC or its stockholder, (ii) for acts or
omissions not in good faith or which involve intentional misconduct or a knowing
violation of law, (iii) under Section 174 of the Delaware General Corporation
Law, or (iv) for any transaction from which the director derived an improper
personal benefit.
Insofar as indemnification for liability arising under the Securities Act
of 1933 may be permitted to directors, officers and controlling persons of the
Registrant pursuant to the foregoing provisions, or otherwise, the Registrant
has been advised that in the opinion of the Securities and Exchange Commission
such indemnification is against public policy as expressed in the Securities Act
of 1933 and is, therefore, unenforceable. In the event that a claim for
indemnification against such liabilities (other than the payment by the
Registrant of expenses incurred or paid by a director, officer or controlling
person of the Registrant in the successful defense of any action, suit or
proceeding) is asserted by such director, officer or controlling person in
connection with the securities being registered, the Registrant will, unless in
the opinion of its counsel the matter has been settled by controlling precedent,
submit to a court of appropriate jurisdiction the question whether such
indemnification by it is against public policy as expressed in the Securities
Act of 1933 and will be governed by the final adjudication of such issue.
CONTENTS OF REGISTRATION STATEMENT
This Registration Statement comprises the following papers and documents:
The facing sheet.
Cross-reference to items required by Form N-8B-2.
The prospectus consisting of 60 pages.
The undertaking to file reports.
The undertaking pursuant to Rule 484.
The signatures.
Written consents of the following persons:
Richard T. Potter, Jr., Esq.
Charles G. Fisher, F.S.A.
Price Waterhouse LLP
II-1
<PAGE>
The following exhibits:
1.A (1) Resolution of the Board of Directors of The Guardian
Insurance & Annuity Company, Inc. establishing The
Guardian Separate Account K.*
(2) Not Applicable.
(3)(a), (b)
and (c) Distribution Agreements.**
(4) Not Applicable.
(5) Specimen of the Variable Whole Life Insurance Policy with
Modified Scheduled Premiums.*
(6)(a) Certificate of Incorporation of The Guardian Insurance &
Annuity Company, Inc.*
(6)(b) By-laws of The Guardian Insurance & Annuity Company, Inc.*
(7) Not Applicable.
(8) Amended and Restated Agreement for Services and
Reimbursement Therefor between The Guardian Life Insurance
Company of America and The Guardian Insurance & Annuity
Company, Inc.**
(9) Not Applicable.
(10) Form of Application for the Variable Whole Life Policy with
Modified Scheduled Premiums.*
(11)(a) Memorandum on the Policy & Issuance, Transfer and
Redemption Procedures and on the Method of Computing Cash
Adjustments upon Exchange of the Policy.**
(11)(b) Amendment to Memorandum on the Policy's Issuance, Transfer
and Redemption Procedures and on the Method of
Computing Cash Adjustments upon Exchange of the Policy.
2. See Exhibit 1.A(5).
3. (a)Opinion of Richard T. Potter, Jr., Esq.*
3. (b)Consent of Richard T. Potter, Jr., Esq.
4. None.
5. Not Applicable.
6. Opinion and Consent of Charles G. Fisher, F.S.A.
7. Consent of Price Waterhouse LLP
8. Powers of Attorney executed by a majority of the Board of Directors
and certain principal officers of The Guardian Insurance & Annuity
Company, Inc.*
- ----------
* Incorporated by reference to the Exhibits Volume comprising part of the
Registration Statement on Form S-6 filed by the Registrant on August 29,
1994 (Registration No. 33-83412).
** Incorporated by reference to Pre-Effective Amendment No. 1 to the
Registration Statement on Form S-6 filed by the Registrant on March 3, 1995
(Registration No. 33-83412).
II-2
<PAGE>
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the Registrant,
The Guardian Separate Account K, certifies that it meets all of the requirements
for effectiveness of this Registration Statement pursuant to Rule 485(b) under
the Securities Act of 1933 and has duly caused this Registration Statement to be
signed on its behalf by the undersigned, thereunto duly authorized, in the City
of New York and State of New York, on the 25th day of April, 1996.
THE GUARDIAN SEPARATE ACCOUNT K
(Name of Registrant)
THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
(Name of Depositor)
By: s/ Thomas R. Hickey, Jr.
-------------------------------------
THOMAS R. HICKEY, JR.
VICE PRESIDENT, OPERATIONS
Attest: s/ Richard T. Potter, Jr.
---------------------------------
RICHARD T. POTTER, JR.
COUNSEL
II-3
<PAGE>
Pursuant to the requirements of the Securities Act of 1933, this
Registration Statement has been signed below by the following directors and
principal officers of The Guardian Insurance & Annuity Company, Inc. in the
capacities and on the date indicated.
s/ Joseph D. Sargent President, Chief Executive Officer
- ----------------------------------- and Director
Joseph D. Sargent
(Principal Executive Officer)
s/ Frank J. Jones* Executive Vice President, Chief Investment
- ----------------------------------- Officer and Director
Frank J. Jones
(Principal Financial Officer)
s/ Edward K. Kane* Senior Vice President, General Counsel
- ----------------------------------- and Director
Edward K. Kane
s/ Frank L. Pepe Vice President and Controller
- -----------------------------------
Frank L. Pepe
(Principal Accounting Officer)
s/ John M. Smith Executive Vice President and Director
- -----------------------------------
John M. Smith
s/ Philip H. Dutter* Director
- -----------------------------------
Philip H. Dutter
s/ Arthur V. Ferrara* Director
- -----------------------------------
Arthur V. Ferrara
s/ Leo R. Futia Director
- -----------------------------------
Leo R. Futia
s/ Peter L. Hutchings* Director
- -----------------------------------
Peter L. Hutchings
s/ William C. Warren* Director
- -----------------------------------
William C. Warren
*By: s/ Thomas R. Hickey, Jr. Date: April 25, 1996
---------------------------------
Thomas R. Hickey, Jr.
Vice President, Operations
Pursuant to Power of Attorney
II-4
<PAGE>
THE GUARDIAN SEPARATE ACCOUNT K
EXHIBIT INDEX
Exhibit
Number Description
------ -----------
5 (b) Consent of Richard T. Potter, Jr., Esq.
6 Opinion and Consent of Charles G. Fisher, F.S.A.
7 (a) Consent of Price Waterhouse LLP
11 (b) Amendment to Memorandum on the Policy's Issuance, Transfer and
Redemption Procedures and on the Method of Computing Cash
Adjustments upon Exchange of the Policy
27 Financial Data Schedule
II-5
EXHIBIT 5.b
CONSENT OF COUNSEL
I hereby consent to the reference to my name under the heading "Legal
Matters" in the Post-Effective Amendment to the Registration Statement on Form
S-6 for The Guardian Separate Account K and to the filing of this consent as an
exhibit to the Registration Statement.
s/ Richard T. Potter, Jr.
-------------------------
RICHARD T. POTTER, JR.
New York, New York
April 25, 1996
[Letterhead]
EXHIBIT 6
OPINION AND CONSENT OF ACTUARY
The Guardian Insurance & Annuity Company, Inc.
201 Park Avenue South
New York, New York 10003
Gentlemen:
In my capacity as Vice President and Actuary of The Guardian Insurance &
Annuity Company, Inc. ("GIAC"), I have participated in the development of the
Park Avenue Life variable whole life insurance policy with modified scheduled
premiums (the "Policy") and the preparation of the Policy form. The Policy has
been registered under the Securities Act of 1933. It is described in
Registration Statement No. 33-83412 on Form S-6. I am familiar with the
Registration Statement and its Exhibits.
In my opinion, the Examples included in the prospectus, and the
illustrations of death benefits, Policy Account Values, Net Cash Surrender
Values and Accumulated Policy Premiums included in Appendix A of the prospectus,
based on the assumptions stated in the illustrations, are consistent with the
provisions of the form of the Policy. Further, the rate structure of the Policy
has not been designed so as to make the relationship between premiums and
benefits, as shown in the illustrations, appear more favorable to a prospective
purchaser of a Policy at Age 35 or Age 45 than to prospective purchasers of the
Policy at other Ages.
Further, with respect to the Deferred Acquisition Cost tax charge, in my
opinion, (i) the 1% charge is reasonable in relation to CIAC's increased federal
tax burden under Section 848 of the Internal Revenue Code resulting from the
receipt of premiums; (ii) the rate of return on surplus used in calculating the
charge is reasonable; and (iii) the factors taken into account by GIAC in
determining such targeted rate of return are appropriate.
I hereby consent to the use of this opinion as an exhibit to the
Post-Effective Amendment to the Registration Statement.
Very truly yours,
s/ Charles G. Fisher
- --------------------------------
CHARLES G. FISHER, FSA
Vice President and Actuary
April 24, 1996
EXHIBIT 7.a
CONSENT OF INDEPENDENT ACCOUNTANTS
We hereby consent to the use in the Prospectus constituting part of this
Post-Effective Amendment No. 1 to the Registration Statement on Form S-6 of our
reports dated February 9, 1996, relating to the financial statements of The
Guardian Separate Account K and The Guardian Insurance & Annuity Company, Inc.,
which appear in such Prospectus. We also consent to the reference to us under
the heading "Experts" in such Prospectus.
s/ Price Waterhouse LLP
- --------------------------------
PRICE WATERHOUSE LLP
New York, New York
April 24, 1996
Exhibit 11(b)
THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC.
VARIABLE WHOLE LIFE INSURANCE POLICY
WITH MODIFIED SCHEDULED PREMIUMS
Amendment to the
Description of the
Issuance, Transfer and Redemption Procedures for MSPVL Policies
Pursuant to Rule 6e-2(b)(12)(ii)
Under the Investment Company Act of 1940
and
Method of Computing Adjustments in
Payment and Cash Values
Upon Conversion to Fixed Benefit Life Policies
Pursuant to Rule 6e-2(b)(12)(ii)
Under the Investment Company Act of 1940
This document sets forth an amendment to the administrative procedures followed
by The Guardian Insurance & Annuity Company, Inc. ("GIAC") in connection with
the issuance of its Variable Whole Life Insurance Policy with Modified Scheduled
Premiums (the "Policy/Policies"), the transfer of assets held under the
Policies, and the redemption by Policyowners of their interests in said
Policies. Defined terms indicated by initial upper case letters have the same
meaning herein as in the Registration Statement (the "Registration Statement")
on Form S-6 for the Policies and the Separate Account through which they are
issued (Reg. No. 33-83412). Except as set forth herein, the procedures set forth
in Exhibit 11 filed with Pre-Effective Amendment No. 1 to the Registration
Statement as filed with the Securities and Exchange Commission on March 3, 1995
shall remain in full force and effect.
The procedures are amended as follows:
The following paragraph is inserted between the third and fourth paragraphs of
Article I, Section B:
Under certain circumstances, GIAC will permit a policy to be backdated, upon
request, but only to a Policy Date not earlier than six months prior to the date
the application is signed. To backdate a policy, GIAC will require the payment
of all Policy Premiums that would have been due had the application date
coincided with the backdated Policy Date. Also, on the Issue Date, all monthly
deductions for the period from the backdated Policy Date to the Issue Date will
be deducted.
<TABLE> <S> <C>
<ARTICLE> 6
<LEGEND>
This schedule contains summary financial information extracted from the "Annual
Report to Shareholders" dated December 31, 1995 and is qualified in it's
entirety to such financial statements.
</LEGEND>
<SERIES>
<NUMBER> 001
<NAME> The Guardian Separate Account K - Park Avenue Life
<S> <C>
<PERIOD-TYPE> YEAR
<FISCAL-YEAR-END> DEC-31-1995
<PERIOD-END> DEC-31-1995
<INVESTMENTS-AT-COST> 242,957
<INVESTMENTS-AT-VALUE> 239,153
<RECEIVABLES> 0
<ASSETS-OTHER> 0
<OTHER-ITEMS-ASSETS> 0
<TOTAL-ASSETS> 239,153
<PAYABLE-FOR-SECURITIES> 0
<SENIOR-LONG-TERM-DEBT> 0
<OTHER-ITEMS-LIABILITIES> 56
<TOTAL-LIABILITIES> 56
<SENIOR-EQUITY> 0
<PAID-IN-CAPITAL-COMMON> 0
<SHARES-COMMON-STOCK> 0
<SHARES-COMMON-PRIOR> 0
<ACCUMULATED-NII-CURRENT> 985
<OVERDISTRIBUTION-NII> 0
<ACCUMULATED-NET-GAINS> 4,482
<OVERDISTRIBUTION-GAINS> 0
<ACCUM-APPREC-OR-DEPREC> (3,804)
<NET-ASSETS> 239,097
<DIVIDEND-INCOME> 0
<INTEREST-INCOME> 0
<OTHER-INCOME> 0
<EXPENSES-NET> 56
<NET-INVESTMENT-INCOME> 985
<REALIZED-GAINS-CURRENT> 4,482
<APPREC-INCREASE-CURRENT> (3,804)
<NET-CHANGE-FROM-OPS> 1,663
<EQUALIZATION> 0
<DISTRIBUTIONS-OF-INCOME> 0
<DISTRIBUTIONS-OF-GAINS> 0
<DISTRIBUTIONS-OTHER> 0
<NUMBER-OF-SHARES-SOLD> 0
<NUMBER-OF-SHARES-REDEEMED> 0
<SHARES-REINVESTED> 0
<NET-CHANGE-IN-ASSETS> 0
<ACCUMULATED-NII-PRIOR> 0
<ACCUMULATED-GAINS-PRIOR> 0
<OVERDISTRIB-NII-PRIOR> 0
<OVERDIST-NET-GAINS-PRIOR> 0
<GROSS-ADVISORY-FEES> 56
<INTEREST-EXPENSE> 0
<GROSS-EXPENSE> 56
<AVERAGE-NET-ASSETS> 119,548
<PER-SHARE-NAV-BEGIN> 0.000
<PER-SHARE-NII> 0.000
<PER-SHARE-GAIN-APPREC> 678.000
<PER-SHARE-DIVIDEND> 0.000
<PER-SHARE-DISTRIBUTIONS> 0.000
<RETURNS-OF-CAPITAL> 0.000
<PER-SHARE-NAV-END> 0.000
<EXPENSE-RATIO> 0.001
<AVG-DEBT-OUTSTANDING> 0
<AVG-DEBT-PER-SHARE> 0.000
</TABLE>
