FORM REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 |
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Post-Effective Amendment No. 8 AND/OR |
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REGISTRATION STATEMENT UNDER |
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THE INVESTMENT COMPANY ACT OF 1940 |
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Amendment No. 253 (Check appropriate box or boxes) |
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☐ | Immediately upon filing pursuant to paragraph (b) of Rule 485. |
☒ | On May 1, 2024 pursuant to paragraph (b) of Rule 485. |
☐ | 60 days after filing pursuant to paragraph (a) (1) of Rule 485. |
☐ | On (date) pursuant to paragraph (a) (1) of Rule 485. |
☐ | This post-effective amendment designates a new effective date for previously filed post-effective amendment. |
#513052/AA & ADL |
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About our Separate Account |
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• | If your premium payment, transfer or any other transaction request containing all the required information reaches us on any of the following, we will use the next business day: |
— | on a non-business day; |
— | after 4:00 p.m. Eastern Time on a business day; or |
— | after an early close of regular trading on the NYSE on a business day. |
FEES AND EXPENSES | ||
Charges for Early Withdrawals |
We will not deduct a charge for making a partial withdrawal from your policy, however, if you surrender the policy in its first For more information on the impacts of withdrawals, please refer to “Making withdrawals from your policy” in this prospectus. | |
Transaction Charges |
In addition to surrender charges, you may be subject to other transaction charges, including charges on each premium paid under the policy, charges in connection with requests to decrease your policy’s face amount, transfer fees, and other special service charges ( e.g. , wire transfer charges, express mail charges, policy illustration charges, duplicate policy charges, policy history charges, and charges for returned payments). For more information on transaction charges, please refer to the “Fee Table” in this prospectus. | |
Ongoing Fees and Expenses (annual charges) |
In addition to surrender charges and transaction charges, an investment in the policy is subject to certain ongoing fees and expenses, including fees and expenses covering the cost of insurance under the policy, administration and mortality risks, and the cost of optional benefits available under the policy. Such fees and expenses may be based on characteristics of the insureds ( e.g. , age, sex, risk class and particular health, occupational or vocational risks). You should view the information pages of your policy for rates applicable to your policy. | |
You will also bear expenses associated with the variable investment options that you invest in (the “Portfolios”) under the policy, as shown in the following table: | ||
Annual Fee |
Minimum |
Maximum | ||||
Portfolios |
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Portfolio expenses are for the year ended December 31, 2023, and may be based, in part, on estimated amounts of such expenses and may change from year to year. | ||||||
For more information on ongoing fees and expenses, please refer to the “Fee Table” in this prospectus and Appendix: “Investment options available under the policy” which is part of this prospectus. | ||||||
The Investment Expense Reduction may apply to the calculation of daily unit values of the variable investment options. The Investment Expense Reduction is described in further detail in this prospectus. |
RISKS | ||
Risk of Loss |
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Not a Short-Term Investment |
i gned to provide benefits on a long-term basis. Consequently, you should not use the policy as a short-term investment or savings vehicle. Because of the long-term nature of the policy, you should consider whether purchasing the Policy is consistent with the purpose for which it is being considered. | |
Risks Associated with Investment Options |
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Insurance Company Risks |
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Policy Lapse |
Death benefits will not be paid if the policy has lapsed. Your policy may lapse if, due to insufficient premium payments, poor investment performance, withdrawals, unpaid loans or loan interest, your policy account value does not cover policy charges. If your policy is in default, you will be notif ie d in writing and given an opportunity to make an additional payment to keep your policy in force and prevent it from lapsing. The grace period you have to make said additional payment will be 61 days long. If your policy lapses, you will be notified in writing and you may be able to make additional payments to restore your policy’s benefits. In this case, additional requirements must also be met to restore your policy. If your policy provides for a no-lapse guarantee, you may have to pay more premiums to have the benefits of the no lapse guarantee. | |
RESTRICTIONS | ||
Investments |
( unless you exercise the Paid Up Death Benefit Guarantee in which case you are limited to certain investment options as provided in said Appendix) or to the GIO. We reserve the right to remove or substitute Portfolios as investment options under the policy. | |
Currently, the total of all transfers you make on the same day must be at least $500; except that you may transfer your entire balance in a single Portfolio, even if it is less than $500. | ||
We allow only one request for transfers each day (although that request can cover multiple transfers). Only written transfer requests submitted to our Administrative Office may be processed for Policies that are jointly owned or assigned. We reserve the right to limit Policy transfers if we determine that you are engaged in a disruptive transfer activity, such as “market ti ming.” | ||
For more information, please refer to “Variable investment options” and “Transfers you can make” in this prospectus. | ||
Optional Benefits |
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l ess previously elected. | ||
e r the poli cy, please refer to “Other benefits” and “Suicide and certain misstatements” in this prospec tus. | ||
TAXES | ||
Tax Implications |
You should consult with a tax professional to determine the tax implications of an in vestment in and payments received under the policy. There is no additional tax benefit to the investor if the policy is purchased through a tax-qualified plan or individual retirement account (IRA). Withdrawals will be subject to ordinary income tax and may be subject t o tax penalties. | |
CONFLICTS OF INTEREST |
Investment Professional Compensation |
For more information on investment professional compensation, please refer to “Distribution of the policies” in this prospectus. | |
Exchanges |
For more information on exchanges, please refer to the paragraph titled “Secti o n 1035 exchanges of policies with outstanding loans” under “How you can pay for and contribute to your policy” in this prospectus, as well as the section titled “Future policy exchanges” in this prospectus. | |
• | Option A: The Policy’s face amount on the date of the surviving insured’s death. The amount of this death benefit doesn’t change over time, unless you take any action that changes the Policy’s face amount. |
• | Option B: The face amount plus the Policy’s “account value” on the date of the surviving insured’s death. Under this option, the amount of death benefit generally changes from day to day, because many factors (including Portfolio investment performance, charges and expenses, premium payments and withdrawals) affect your Policy’s account value. |
• | Cash Value Plus Rider: This rider may reduce or waive the surrender charge if the Policy is surrendered for its net cash surrender value in the first eight policy years and allow for a refund of a portion of the premium charge upon surrender within the first three policy years. |
• | Estate Protector – This rider provides additional insurance during the first four years to cover the estimated estate taxes which may be incurred if the death benefit is included in the estate if both insureds die. The additional coverage equals a maximum of 122% of the base policy face amount. The rider is available, subject to our underwriting rules, if the issue age of the younger insured is age 70 or below. |
• | Living Benefits Rider: This feature enables you to receive a portion (generally the lesser of 75% or $250,000) of the Policy’s death benefit (excluding death benefits payable under certain other Policy riders), if the surviving insured person has a terminal illness (as defined in the rider). |
• | Option to Split Policy Upon Divorce — This rider enables the policy to be exchanged for two individual permanent life policies on each insured, each for an equal amount, in the event of divorce, under the terms of the rider. The exchange may be done without evidence of insurability if it is requested in writing within 12 months of the date of divorce and the exchange occurs 24 months following the date of divorce. A request to exchange outside of these timeframes requires evidence of insurability on both insured persons. The rider is available, subject to our underwriting rules, if the issue age of the older insured is age 80 or younger. |
• | Option to Split Policy Upon Federal Tax Law Change —This rider enables the policy to be exchanged for two separate individual permanent life policies on each insured, each for an equal amount, if the federal tax law is changed and results in a reduction of the federal estate tax marital deduction provision or a reduction in the maximum federal estate tax bracket to a rate below 25%. The rider is available, subject to our underwriting rules, if the issue age of the older insured is age 85 or younger. |
• | Paid Up Death Benefit Guarantee: This benefit provides an opportunity to lock in all or a portion of your policy’s |
death benefit without making additional premium payments. |
Transaction Fees | ||||||
Charge |
When Charge is Deducted |
Amount Deducted | ||||
(1) | ||||||
(2) |
Initial surrender charge per $1,000 of initial base policy face amount: (3) Highest: $ Lowest: $ | |||||
Charge for a Representative Investor (male age 55 in the non-tobacco user risk class/ female age 50 in the non-tobacco user risk class) |
Upon surrender | Representative: $14.63 | ||||
Request a decrease in your policy’s face amount during its first 15 years or the paid up death benefit guarantee is elected for a reduced amount within the first 15 years (2) |
Effective date of the decrease | A pro rata portion of the charge that would apply to a full surrender at the time of the decrease. | ||||
$ (4)(6) | ||||||
Special Services Charges • (5) • (5) • (6) • (7) • (7)(8) • (7) |
Current and Maximum Charge: $ Current and Maximum Charge: $ Current Charge: $ Maximum Charge: $ Current and Maximum Charge: $ Maximum Charge: $ Current and Maximum Charge: $ |
(1) |
(2) |
(3) | If your policy includes the Cash Value Plus Rider, the surrender charges may be waived or reduced for a full surrender (see “Cash Value Plus Rider” in “Other benefits available under the policy” in this prospectus). |
(4) | No charge, however, will ever apply to a transfer of all of your variable investment option amounts to our g uarant eed interest option, or to any transfer pursuant to our automatic transfer service or asset rebalancing service as discussed in this prospectus. |
(5) | Unless you specify otherwise, this charge will be deducted from the amount you request. |
(6) | We do not currently charge this fee, but reserve the right to in the future. |
(7) | The charge for this service must be paid using funds outside of your policy. Please see “Deducting policy charges” under “More Information about policy charges” in this prospectus for more information. |
(8) | The charge for this service may be less depending on the policy history you request. Please see “Deducting policy charges” under “More Information about policy charges” in this prospectus for more information. |
Periodic Charges Other Than Annual Portfolio Company Expenses | ||||||
Charge |
When Charge is Deducted |
Amount Deducted | ||||
Base Contract Charge: |
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(1)(2)(3) Minimum and Maximum Charge |
Charge per $1,000 of the amount for which we are at risk: (4) Highest: $ Lowest: $ | |||||
non-tobacco user risk class/ female age 50 in the Preferred Plus non-tobacco user risk class)(7) |
Monthly | Representative: | ||||
Annual % of your value in our variable investment options |
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(1)(2) |
(1) Policy Year |
Amount Deducted | ||||
1 2+ |
$20 $10 | |||||
plus |
(2) Charge per $1,000 of the initial base policy face amount during your policy’s first ten years: Highest: $ Lowest: $ | ||||
Charge for a Representative Investor (older insured age 55/younger insured age 50) |
Monthly | Representative: $0.085 | ||
Loan Interest Spread (5) |
On each policy anniversary (or on loan termination, if earlier) | 1% of loan amount. | ||
Optional Benefit Charges: | ||||
Adding Living Benefits Rider |
At the time of the transaction | $100 (if elected after policy issue) | ||
Cash Value Plus Rider |
Monthly (while the rider is in effect) | Charge per $1,000 of the initial base policy face amount: $0.04 | ||
Estate Protector |
Monthly (while the rider is in effect) | Charge per $1,000 of rider benefit amount: Highest: $83.34 Lowest: $0.02 | ||
Charge for a Representative Investor (male age 55 in the Preferred Plus non-tobacco user risk class/ female age 50 in the Preferred Plus non-tobacco user risk class)(6) |
Monthly (while the rider is in effect) | Representative: $0.02 | ||
Exercising Living Benefits Rider |
At the time of the transaction | $250 |
(1) | This charge varies based on individual characteristics of the insureds and may not be representative of the charge that you will pay. In particular, the initial amount of the surrender charge depends on each insured’s specific characteristics. Your financial professional can provide you with more information about these charges as they relate to the insured’s particular characteristics. See “Deducting policy charges” under “More information about policy charges” in this prospectus. |
(2) | Not applicable after the younger insured person reaches age 100. |
(3) | Insured persons who present particular health, occupational or vocational risks may be charged other additional charges as specified in their policies. |
(4) | Our amount “at risk” is the difference between the amount of death benefit and the policy account value as of the deduction date. |
(5) | We charge interest on policy loans but credit you with interest on the amount of the policy account value we hold as collateral for the loan. The rate is the greater of (a) 3.0% or (b) the “Monthly Average Corporate” yield published by Moody’s Corporate Bond Yield Averages for the month that ends two months before the interest rate is set. The loan interest spread is the excess of the interest rate we charge over the interest rate we credit, which will not exceed 1%. For more information on the maximum rate see “Borrowing from your policy — Loan interest we charge” in “Death benefits and accessing your money” in this prospectus. |
(6) | This representative amount is the rate we guarantee in the first policy year for a representative insured male age 55 in the Preferred Plus non-tobacco user risk class/ female age 50 in the Preferred Plus non-tobacco user risk class. |
Annual Portfolio Company Expenses |
Minimum |
Maximum | ||||
Total Annual Portfolio Operating Expenses before the effect of Expense Limitation Arrangements (expenses that are deducted from Portfolio asset, including management fees, distribution and/or service (12b-1) fee, and other expenses) (1) |
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Total Annual Portfolio Operating Expenses after the effect of Expense Limitation Arrangements (1) |
(1) |
Investment Expense Reduction Applied to the Calculation of Daily Unit Values |
If the Net Total Annual Portfolio Operating Expenses (before the Investment Expense Reduction) are: |
Then the annual Investment Expense Reduction(**) for that Variable Investment Option will be: | |
Less than 0.80% | The amount equal to the greater of 0.15% and any excess of the Net Total Annual Portfolio Operating Expense over 0.40%. However, in no event will the annual Investment Expense Reduction exceed the Net Total Annual Portfolio Operating Expenses. | |
0.80% through 1.15% | The amount equal to the greater of 0.15% and any excess of the Net Total Annual Portfolio Operating Expense over 0.80%. However, in no event will the annual Investment Expense Reduction exceed the Net Total Annual Portfolio Operating Expenses. | |
Greater than 1.15% | 0.15% |
** | Because the expenses contained in the Trust prospectus for each Portfolio reflect annual expenses, the actual expenses incurred may be higher or lower on any given day. |
After applying the Investment Expense Reduction to the variable investment options, the lowest and highest net annual portfolio operating expenses paid by the policy owner for the year ended December 31, 2023, would have been: |
Lowest 0.39% |
Highest 2.21% |
• | If the investment options you choose perform poorly, you could lose some or all of the premiums you pay. |
• | If the investment options you choose do not make enough money to pay for the policy charges, except to the extent provided by any guarantees against termination or paid up death benefit guarantee you may have, you could have to pay more premiums to keep your policy from terminating. |
• | Your policy will lapse and possibly terminate without value if it does not have enough net policy account value to pay monthly charges when due, and this could occur due to insufficient premium payments, policy charges, policy loans, partial withdrawals, and/or poor investment performance. If your policy lapses and terminates you will not be paid a death benefit. |
• | If you take a policy loan or a partial withdrawal you may decrease the net policy account value, cash surrender value and/or death benefit and may risk the loss of the no lapse guarantee. |
• | We can increase, without your consent and subject to any necessary regulatory approvals, any charge that you currently pay at less than the maximum amount. We will not increase any charge beyond the highest maximum noted in the tables in “Fee Tables” in this prospectus. |
• | You may have to pay a surrender charge and there may be adverse tax consequences if you wish to discontinue some or all of your insurance coverage under a policy. |
• | Partial withdrawals from your policy are available only after the first policy year and must be at least $500 and no more than the net cash surrender value. Under certain circumstances, we will automatically reduce your policy’s face amount as a result of a partial withdrawal. |
(1) | request for our automatic transfer service (our dollar cost averaging service); |
(2) | request for our asset rebalancing service; |
(3) | transfers among investment options (if submitted by e-mail); |
(4) | designation of new policy owner(s); and |
(5) | designation of new beneficiary(ies). |
(a) | policy surrenders; |
(b) | transfers among investment options (not submitted by e-mail); |
(c) | changes in allocation percentages for premiums and deductions; and |
(d) | electing the paid up death benefit guarantee. |
(a) | By requiring a Portfolio sub-adviser to buy and sell large amounts of securities at inopportune times, a Portfolio’s investment performance and the ability of the sub-adviser to fully implement the Portfolio’s investment strategy could be negatively affected; and |
(b) | By generating higher turnover in its securities or other assets than it would have experienced without being impacted by the ATP, a Portfolio could incur higher operating expense ratios and transaction costs than comparable funds. In addition, even Portfolios structured as funds-of-funds that are not available for investment by contract owners who are subject to the ATP could also be impacted by the ATP if those Portfolios invest in underlying funds that are themselves subject to significant asset turnover caused by the ATP. Because the ATP formulas generate unique results for each contract, not all contract owners who are subject to the ATP will be affected by operation of the ATP in the same way. On any particular day on which the ATP is activated, some contract owners may have a portion of their account value transferred to the EQ/Ultra Conservative Strategy Portfolio investment option and others may not. If the ATP causes significant transfers of total account value out of one or more Portfolios, any resulting negative effect on the performance of those Portfolios will be experienced to a greater extent by a contract owner (with or without the ATP) invested in those Portfolios whose account value was not subject to the transfers. |
— | Direct billing is available on monthly, quarterly, semi- annual, and annual modes. The Company will send premium reminder notices approximately 25 days before the due date based on the mode chosen, i.e., monthly, quarterly, semi-annually, or annually. |
— | Military allotment billing is available on monthly mode only. |
— | Salary allotment is available on monthly, quarterly, semi- annual, and annual modes. The minimum case requirement for new salary allotment billing units is five lives. |
— | Systematic billing is available on monthly and quarterly modes. Under systematic billing, the policy owner may specify the day of the month on which the premiums should be deducted from their account (draft date). |
• | you have paid sufficient premiums to maintain one of our available guarantees against termination, your guarantee is still in effect and you do not have an outstanding loan and accrued and unpaid interest that is more than the policy account value (see “You can guarantee that your policy will not terminate before a certain date” below); or |
• | you have elected the “paid up” death benefit guarantee and it remains in effect, and you do not have an outstanding loan (see “You can elect a ‘paid up’ death benefit guarantee” below). |
• | You have satisfied the “guarantee premium test” (discussed in “Guarantee premium test for no lapse guarantees” under “More information about policy benefits” in this prospectus); |
• | Your policy’s death benefit option has always been Option A; and |
• | Any policy loan and accrued and unpaid loan interest is less than the policy account value. |
• | the guarantee period expires; or |
• | you change your death benefit option to Option B. |
• | transfers out of the guaranteed interest option are limited to once each policy year; |
• | any such request for transfer must be received within a period beginning 30 days prior to the policy anniversary and ending 60 days after the policy anniversary; |
• | a transfer request received up to 30 days prior to policy anniversary will be effective on the policy anniversary, |
and on or within 60 days after the policy anniversary will become effective on the date the request is received; |
• | the maximum amount you may transfer in any policy year is the greatest of (a) $500, (b) 25% of the unloaned value in the guaranteed interest option on the transfer effective date, and (c) the amount transferred from the unloaned value in our guaranteed interest option the immediately preceding policy year, if any. |
• | For individually owned policies for which you are the owner, by logging onto our website, described under “By Internet” in “How to reach us” in this prospectus; or |
• | For corporation and trust owned policies, we require a special authorization form to obtain access. The form is available on our website www.equitable.com or by contacting our Administrative office. |
• | Option A — The policy’s face amount |
• | Option B — The face amount plus the policy’s “account value” |
Age:* |
50 |
55 |
60 |
65 |
70 |
75 | ||||||
%: |
446.2% | 366.9% | 302.2% | 249.7% | 207.5% | 174.2% | ||||||
Age: |
80 |
85 |
90 |
95 |
100 and over | |||||||
%: |
149.2% | 131.7% | 120.4% | 112.0% | 101% |
* | The younger insured person’s age for the policy year in which the surviving insured person dies. |
• | you cannot make transfers or withdrawals of the collateral; |
• | we expect to credit different rates of interest to loan collateral than we credit under our guaranteed interest option; |
• | we do not count the collateral when we compute our customer loyalty credit; and |
• | the collateral is not available to pay policy charges. |
• | the death benefit received by the beneficiary under your policy will not be subject to federal income tax; and |
• | increases in your policy account value as a result of interest or investment experience will not be subject to federal income tax, unless and until there is a distribution from your policy, such as a surrender, a partial withdrawal, loan or a payment to you. |
Name of Benefit |
Purpose |
Is Benefit Standard or Optional |
Brief Description of Restrictions/Limitation | |||
Cash Value Plus Rider |
Allows for a reduction or waiver of the surrender charge if the Policy is surrendered for its net cash surrender value, subject to certain conditions. | Optional | • In order to elect this rider, the policy must have a minimum face amount of $250,000. • The waiver of surrender charges does not apply if the policy is being exchanged or replaced during the first eight policy years with another life insurance policy or annuity contract on the insured person, including (but not limited to) a 1035 exchange, nor does it apply to a proportionate surrender charge resulting from a face amount decrease. • There is no refund of the premium charge if during the first three policy years the policy terminates after a grace period, is being exchanged or replaced with another life insurance policy or annuity contract on the insured person, including (but not limited to) a 1035 exchange, nor does it apply to a face amount decrease. | |||
Estate Protector Rider |
Provides additional insurance during the first four policy years to cover the estimated estate taxes which may be incurred if the death benefit is included in the estate if both insureds die. | Optional | • Provides additional insurance payable if both insureds die during the first four policy years to help compensate for estate tax liability that could be incurred if the death benefit is included in the policyowner’s estate. • The maximum amount of coverage provided by the rider is an additional 122% of the base policy face amount. | |||
Living Benefits Rider |
Enables you to receive a portion of the Policy’s death benefit (with certain exclusions), if the insured person has a terminal illness. | Optional | • Automatically included at issue unless specifically declined on the policy application. If elected after issue, we will deduct $100 from your Policy account value at the time of the transaction. • Subject to underwriting guidelines and state availability, your Policy will automatically include this rider if you apply for a face amount of at least $100,000. • The maximum aggregate amount of payments that will be paid under this rider for all policies issued by the Company or an affiliate company on the life of the same insured person is generally $250,000. |
Name of Benefit |
Purpose |
Is Benefit Standard or Optional |
Brief Description of Restrictions/Limitation | |||
No-Lapse Guarantee |
Generally guarantees that your policy will not terminate for a number of years. | Standard | • Subject to the payment of certain specified amounts of premiums. • Guarantee will no longer apply if the amount of your outstanding policy loans and accrued loan interest is greater than your policy account value. • Subject to certain conditions, provides a guarantee against policy lapse for 20 years for issue ages 55 (for the younger insured) or less. For each year over issue age 55, the duration of the guarantee period is decreased by one year until issue age 70 (issue age 56 would have a 19 year guarantee period, issue age 57 would have 18, issue age 69 would have a 6 year guarantee period). At issue ages 70 and above, the duration is 5 years. | |||
Option to Split Policy Upon Divorce |
Enables the policy to be exchanged for two individual permanent life policies on each insured, each for an equal amount, in the event of divorce, under the terms of the rider. | Standard | • The exchange may be done without evidence of insurability if it is requested in writing within 12 months of the date of divorce and the exchange occurs 24 months following the date of divorce. • A request to exchange outside of these timeframes requires evidence of insurability on both insured persons. The rider is available, subject to our underwriting rules, if the issue age of the older insured is age 80 or younger. | |||
Option to Split Policy Upon Federal Tax Law Change |
Enables the policy to be exchanged for two separate individual permanent life policies on each insured, each for an equal amount, if the federal tax law is changed and results in a reduction of the federal estate tax marital deduction provision or a reduction in the maximum federal estate tax bracket to a rate below 25%. | Standard | • The rider is available, subject to our underwriting rules, if the issue age of the older insured is age 85 or younger. | |||
Paid Up Death Benefit Guarantee |
Provides an opportunity to lock in all or a portion of your policy’s death benefit without making additional premium payments. | Optional | • Subject to certain requirements, you may elect to take advantage of this benefit at any time after the fourth year of your policy if the insured’s attained age is 99 or less. • If you elect this benefit, you will be required to reallocate your existing policy account value to a limited number of variable investment options that we make available at our discretion. • Not available if you received benefit payments under the Living Benefits Rider at any time. • This benefit will terminate if: • The sum of any outstanding policy loan and accrued interest exceeds your policy account value; • We make a payment under the Living Benefits Rider; or • You request that we terminate the election. |
Surrender In Policy Year |
Percent Of Cumulative Premium Charge Refunded* |
Percent Of Surrender Charges Waived | ||
1 | 0%-100% | 0%-100% | ||
2 | 0%-80% | 0%-100% | ||
3 | 0%-33% | 0%-100% | ||
4 | 0% | 0%-100% | ||
5 | 0% | 0%-80% | ||
6 | 0% | 0%-65% | ||
7 | 0% | 0%-45% | ||
8 | 0% | 0%-25% | ||
9 and later | 0% | 0% |
* | The mortality and expense risk charge and other monthly charges are not refunded. |
1. | A cumulative premium-based cap equal to sum of premiums paid to the date of surrender minus any partial withdrawals, outstanding loan balances and accrued loan interest; and |
2. | The Net Cash Surrender Value on the date of surrender calculated prior to any reduction or refund. |
• | the younger insured’s attained age is not more than 99; |
• | you have death benefit Option A in effect (see “About your life insurance benefit” in “Death benefits and assessing your money,” in this prospectus); |
• | you have not received any payment under a living benefits rider; |
• | the policy is not in default or in a grace period as of the date of the paid up death benefit guarantee; |
• | the policy account value after the deduction of any proportionate surrender charge would not be less than any outstanding policy loan and accrued loan interest; |
• | the election would not reduce the face amount (see below) below $200,000; |
• | no current or future distribution from the policy will be required to maintain its qualification as life insurance under the Internal Revenue Code; and |
• | You agree to reallocate your fund values to the guaranteed interest option and the EQ Allocation investment options. We reserve the right to change the investment options available to you under the paid up death benefit guarantee. (See “Restrictions on allocations and transfers” below). |
• | premium payments |
• | partial withdrawals |
• | changes to the policy’s face amount or death benefit option |
• | any change that would cause the policy to lose its current or future qualification as life insurance under the Internal Revenue Code or require a current or future distribution from the policy to avoid such disqualification. (See “Tax treatment of distributions to you” under “Tax information” in this prospectus.) |
• | Management fees. |
• | 12b-1 fees. |
• | Operating expenses, such as trustees’ fees, independent public accounting firms’ fees, legal counsel fees, administrative service fees, custodian fees and liability insurance. |
• | Investment-related expenses, such as brokerage commissions. |
If the Net Total Annual Portfolio Operating Expenses (before the Investment Expense Reduction) are: |
Then the annual Investment Expense Reduction(**) for that variable investment option will be: | |
Less than 0.80% | The amount equal to the greater of 0.15% and any excess of the Net Total Annual Portfolio Operating Expense over 0.40%. However, in no event will the annual Investment Expense Reduction exceed the Net Total Annual Portfolio Operating Expenses. | |
0.80% through 1.15% | The amount equal to the greater of 0.15% and any excess of the Net Total Annual Portfolio Operating Expense over 0.80%. However, in no event will the annual Investment Expense Reduction exceed the Net Total Annual Portfolio Operating Expenses. | |
Greater than 1.15% | 0.15% |
** | Because the expenses contained in the Trust prospectus for each Portfolio reflect annual expenses, the actual expenses incurred may be higher or lower on any given day. |
• | premium payments received after the policy’s investment start date (discussed below) |
• | loan repayments and interest payments |
• | withdrawals |
• | face amount decreases that result from a withdrawal |
• | surrenders |
• | transfers from a variable investment option to the guaranteed interest option |
• | transfers among variable investment options |
• | termination of paid up death benefit guarantee |
• | tax withholding elections |
• | changes of allocation percentages for premium payments or monthly deductions |
• | changes of owner |
• | changes of beneficiary |
• | loans |
• | assignments |
• | decreases in face amount |
• | changes in death benefit option |
• | restoration of terminated policies |
• | election of paid up death benefit guarantee |
• | termination of any additional benefit riders you have elected |
• | If you submit the full minimum initial premium to your financial professional at the time you sign the application and before the policy is issued, and we issue the policy as it was applied for (or on a better risk class than applied for), then the register date will be the later of (a) the date you signed part I, section D of the policy application or (b) the date a medical or paramedical professional signed part II of the policy application. |
• | In general, if we do not receive your full minimum initial premium at our Administrative Office before the issue date or, if we issue the policy on a different (less favorable) basis than you applied for, the register date initially will appear on your policy as the date the policy is issued; however, we will move the register date to the date we deliver the policy provided we received your full minimum initial premium. If your policy was delivered on the 29th, 30th or 31st of the month, we will move the register date to the 1st of the following month. In certain circumstances, even if we issue your policy on a less favorable basis, the premium amount you paid may be sufficient to cover your full minimum initial premium. In this event, we will not move the register date to the delivery date. These procedures are designed to ensure that premiums and charges will commence on the same date as your insurance coverage. We will determine the interest rate applicable to the guaranteed interest option based on the register date. This rate will be applied to funds allocated to the guaranteed interest option as of the date we receive the full minimum initial premium at our Administrative Office. |
• | For Section 1035 exchanges: |
• | If you submit the full initial premium to your financial professional at the time you sign the |
application, and we issue the policy as it was applied for, then the register date will be the later of (a) the date you signed part I, section D of the policy application, or (b) the date a medical professional signed part II of the policy application. |
• | If we do not receive your full initial premium payment at our Administrative Office before the issue date, or we issue the policy on a different (less favorable) basis than you applied for, the register date will be: |
• | The date we receive the 1035 exchange proceeds, provided it meets the full minimal initial premium. If we receive the full minimum initial premium on the 29th, 30th or 31st of the month, we will move the register date to the 28th of the month. |
• | changes of premium allocation percentages |
• | changes of address |
• | request forms and statements |
• | enroll for electronic delivery and view statements/documents online |
• | to pay your premium or make a loan repayment |
• | combine two or more variable investment options or withdraw assets relating to VUL Survivorship from one investment option and put them into another; |
• |
end the registration of, or re-register, the Separate Account under the Investment Company Act of 1940; |
• |
operate the Separate Account under the direction of a “committee” or discharge such a committee at any time; |
• |
restrict or eliminate any voting rights or privileges of policy owners (or other persons) that affect the Separate Account; |
• |
operate the Separate Account, or one or more of the variable investment options, in any other form the law allows. This includes any form that allows us to make direct investments, in which case we may charge the Separate Account an advisory fee. We may make any legal investments we wish for the Separate Account. In addition, we may disapprove any change in investment advisers or in investment policy unless a law or regulation provides differently. |
TYPE |
Portfolio Company – Investment Adviser; Sub-Adviser(s), as applicable |
Current Expenses |
Average Annual Total Returns (as of 12/31/2023) |
|||||||||||||||
1 year |
5 year |
10 year |
||||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
||||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
% |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
||||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
||||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
% |
% |
% |
% | |||||||||||||||
% |
% |
% |
% | |||||||||||||||
%^ |
% |
|||||||||||||||||
† — |
% |
% |
% |
% | ||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
||||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
† — |
%^ |
% |
% |
% |
TYPE |
Portfolio Company – Investment Adviser; Sub-Adviser(s), as applicable |
Current Expenses |
Average Annual Total Returns (as of 12/31/2023) |
|||||||||||||||
1 year |
5 year |
10 year |
||||||||||||||||
† — |
%^ |
% |
% |
% | ||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
||||||||||||||||
%^ |
% |
% |
||||||||||||||||
(1) — |
%^ |
|||||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
† — |
% |
% |
% |
% | ||||||||||||||
EIM G |
%^ |
% |
% |
% | ||||||||||||||
† — |
% |
% |
% |
% | ||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
% |
% |
% |
||||||||||||||||
Janus Henderson Investors US LLC |
% |
% |
% |
% | ||||||||||||||
J.P. Morgan Investment Management Inc. |
%^ |
% |
% |
% | ||||||||||||||
% |
% |
% |
% | |||||||||||||||
† — |
% |
% |
% |
% | ||||||||||||||
% |
% |
% |
% | |||||||||||||||
† — |
% |
% |
% |
% | ||||||||||||||
% |
% |
% |
% | |||||||||||||||
(1) — |
%^ |
% |
||||||||||||||||
Loomis, Sayles & Company, L.P. |
% ^ |
% |
% |
% | ||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
||||||||||||||||
%^ |
% |
% |
TYPE |
Portfolio Company – Investment Adviser; Sub-Adviser(s), as applicable |
Current Expenses |
Average Annual Total Returns (as of 12/31/2023) |
|||||||||||||||
1 year |
5 year |
10 year |
||||||||||||||||
Massachusetts Financial Services Company d/b/a MFS Investment Management |
% |
% |
% |
|||||||||||||||
%^ |
- |
% |
% |
|||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
† — |
% |
% |
% |
% | ||||||||||||||
† — |
% |
% |
% |
% | ||||||||||||||
† — |
% |
% |
% |
% | ||||||||||||||
% |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
||||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
||||||||||||||||
%^ |
% |
% |
||||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
% |
% |
% |
% | |||||||||||||||
T |
%^ |
% |
% |
|||||||||||||||
% |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
(1) — |
%^ |
% |
||||||||||||||||
(1) — |
%^ |
% |
||||||||||||||||
% |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
% |
^ |
This Portfolio’s annual expenses reflect temporary fee reductions. |
† |
EQ Managed Volatility Portfolios that include the EQ volatility management strategy as part of their investment objective and/or principal investment strategy, and the EQ/affiliated Fund of Fund Portfolios that invest in Portfolios that use the EQ volatility management strategy, are identified in the chart by a “†“. See “ Portfolios of the Trusts” for more information regarding volatility management. |
* |
The Portfolio operates as a “government money market fund.” The Portfolio will invest at least 99.5% of its total assets in U.S. go v ernment securities, cash, and/or repurchase agreements that are fully collateralized by U.S. government securities or cash. |
(1) |
This variable investment option will not be available until May 13, 2024. |
TYPE |
Portfolio Company – Investment Adviser; Sub-Adviser(s), as applicable |
Current Expenses |
Average Annual Total Returns (as of 12/31/2023) |
|||||||||||||||
1 year |
5 year |
10 year |
||||||||||||||||
% |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
® Asset Allocation Fund |
% |
% |
% |
% | ||||||||||||||
® Global Small Capitalization Fund |
%^ |
% |
% |
% | ||||||||||||||
® New World Fund® — |
%^ |
% |
% |
% | ||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
% |
% |
% |
% | |||||||||||||||
® VIP Asset Manager Growth Portfolio |
% |
% |
% |
% | ||||||||||||||
® VIP Growth & Income Portfolio — |
% |
% |
% |
% | ||||||||||||||
® VIP Mid Cap Portfolio — |
% |
% |
% |
% | ||||||||||||||
® VIP Value Portfolio — |
% |
% |
% |
% | ||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
% |
% |
% |
% | |||||||||||||||
% |
% |
% |
% | |||||||||||||||
% |
% |
% |
% | |||||||||||||||
(1) — m ent Austria Kapitalanlage AG, Macquarie Investment Management Europe Limited, Macquarie Investment Management Global Limited |
% |
% |
% |
% | ||||||||||||||
® — |
%^ |
- |
% |
% |
- |
% | ||||||||||||
%^ |
% |
% |
% | |||||||||||||||
% |
% |
% |
% | |||||||||||||||
Mid-Cap Growth Portfolio |
%^ |
% |
% |
% | ||||||||||||||
%^ |
% |
% |
% | |||||||||||||||
%^ |
% |
- |
% |
- |
% |
TYPE |
Portfolio Company – Investment Adviser; Sub-Adviser(s), as applicable |
Current Expenses |
Average Annual Total Returns (as of 12/31/2023) |
|||||||||||||||
1 year |
5 year |
10 year |
||||||||||||||||
% |
- |
% |
% |
- |
% |
^ |
This Portfolio’s annual expenses reflect temporary fee reductions. |
(1) |
This is the variable investment option’s new name. The variable investment option’s former name is Delaware Ivy VIP High Income which may continue to be used in certain documents for a period of time after the date of this prospectus. |
EQ/Aggressive Allocation |
EQ/Moderate Allocation | |
EQ/Conservative Allocation |
EQ / Moderate-Plus Allocation | |
EQ/Conservative-Plus Allocation |
Death Benefit |
Net Policy Account Value |
Net Cash Surrender Value |
||||||||||||||||||||||||||||||||||||||||
End Of Policy Year |
Premiums Accum. At 5% Interest Per Year |
Assuming Hypothetical Gross Annual Investment Return of: |
Assuming Hypothetical Gross Annual Investment Return of: |
Assuming Hypothetical Gross Annual Investment Return of: |
||||||||||||||||||||||||||||||||||||||
0% Gross |
6% Gross |
12% Gross |
0% Gross |
6% Gross |
12% Gross |
0% Gross |
6% Gross |
12% Gross |
||||||||||||||||||||||||||||||||||
1 |
$ |
61,268 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
46,329 |
$ |
49,289 |
$ |
52,247 |
$ |
0 |
$ |
0 |
$ |
0 |
||||||||||||||||||||||
2 |
$ |
125,598 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
91,860 |
$ |
100,631 |
$ |
109,742 |
$ |
15,784 |
$ |
24,554 |
$ |
33,665 |
||||||||||||||||||||||
3 |
$ |
193,146 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
136,443 |
$ |
153,936 |
$ |
172,824 |
$ |
66,219 |
$ |
83,712 |
$ |
102,600 |
||||||||||||||||||||||
4 |
$ |
264,071 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
180,068 |
$ |
209,255 |
$ |
242,018 |
$ |
115,697 |
$ |
144,883 |
$ |
177,646 |
||||||||||||||||||||||
5 |
$ |
338,542 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
222,739 |
$ |
266,653 |
$ |
317,910 |
$ |
164,219 |
$ |
208,132 |
$ |
259,390 |
||||||||||||||||||||||
6 |
$ |
416,736 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
264,436 |
$ |
326,173 |
$ |
401,123 |
$ |
211,768 |
$ |
273,505 |
$ |
348,455 |
||||||||||||||||||||||
7 |
$ |
498,841 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
305,145 |
$ |
387,871 |
$ |
492,350 |
$ |
258,330 |
$ |
341,055 |
$ |
445,535 |
||||||||||||||||||||||
8 |
$ |
585,050 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
344,845 |
$ |
451,791 |
$ |
592,343 |
$ |
303,880 |
$ |
410,827 |
$ |
551,379 |
||||||||||||||||||||||
9 |
$ |
675,570 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
385,009 |
$ |
519,570 |
$ |
703,607 |
$ |
349,897 |
$ |
484,458 |
$ |
668,495 |
||||||||||||||||||||||
10 |
$ |
770,616 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
424,539 |
$ |
590,198 |
$ |
826,021 |
$ |
395,279 |
$ |
560,939 |
$ |
796,761 |
||||||||||||||||||||||
15 |
$ |
1,322,065 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
638,519 |
$ |
1,019,932 |
$ |
1,682,588 |
$ |
638,519 |
$ |
1,019,932 |
$ |
1,682,588 |
||||||||||||||||||||||
20 |
$ |
2,025,868 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,830,439 |
$ |
857,309 |
$ |
1,597,431 |
$ |
3,175,471 |
$ |
857,309 |
$ |
1,597,431 |
$ |
3,175,471 |
||||||||||||||||||||||
25 |
$ |
2,924,120 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
10,158,268 |
$ |
1,035,993 |
$ |
2,305,849 |
$ |
5,637,219 |
$ |
1,035,993 |
$ |
2,305,849 |
$ |
5,637,219 |
||||||||||||||||||||||
30 |
$ |
4,070,542 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
14,721,814 |
$ |
1,085,527 |
$ |
3,121,195 |
$ |
9,590,758 |
$ |
1,085,527 |
$ |
3,121,195 |
$ |
9,590,758 |
||||||||||||||||||||||
35 |
$ |
5,533,699 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
21,289,058 |
$ |
860,725 |
$ |
4,042,956 |
$ |
15,816,536 |
$ |
860,725 |
$ |
4,042,956 |
$ |
15,816,536 |
||||||||||||||||||||||
40 |
$ |
7,401,100 |
$ |
6,000,000 |
$ |
6,283,098 |
$ |
31,133,115 |
$ |
34,027 |
$ |
5,137,447 |
$ |
25,456,349 |
$ |
34,027 |
$ |
5,137,447 |
$ |
25,456,349 |
||||||||||||||||||||||
45 |
$ |
9,784,429 |
** |
$ |
7,343,243 |
$ |
46,039,318 |
** |
$ |
6,458,437 |
$ |
40,491,924 |
** |
$ |
6,458,437 |
$ |
40,491,924 |
|||||||||||||||||||||||||
50 |
$ |
12,826,228 |
** |
$ |
8,404,234 |
$ |
67,102,857 |
** |
$ |
8,127,886 |
$ |
64,896,380 |
** |
$ |
8,127,886 |
$ |
64,896,380 |
* | The illustrations assume that planned periodic premiums are paid at the start of each policy year. The death benefit, net policy account value and net cash surrender value will differ if premiums are paid in different amounts or frequencies. |
** | Policy lapses unless additional payments are made. |
Death Benefit |
Net Policy Account Value |
Net Cash Surrender Value |
||||||||||||||||||||||||||||||||||||||||
End Of Policy Year |
Premiums Accum. At 5% Interest Per Year |
Assuming Hypothetical Gross Annual Investment Return of: |
Assuming Hypothetical Gross Annual Investment Return of: |
Assuming Hypothetical Gross Annual Investment Return of: |
||||||||||||||||||||||||||||||||||||||
0% Gross |
6% Gross |
12% Gross |
0% Gross |
6% Gross |
12% Gross |
0% Gross |
6% Gross |
12% Gross |
||||||||||||||||||||||||||||||||||
1 |
$ |
61,268 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
45,184 |
$ |
48,076 |
$ |
50,965 |
$ |
0 |
$ |
0 |
$ |
0 |
||||||||||||||||||||||
2 |
$ |
125,598 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
89,557 |
$ |
98,119 |
$ |
107,013 |
$ |
13,481 |
$ |
22,043 |
$ |
30,937 |
||||||||||||||||||||||
3 |
$ |
193,146 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
133,004 |
$ |
150,074 |
$ |
168,507 |
$ |
62,780 |
$ |
79,850 |
$ |
98,283 |
||||||||||||||||||||||
4 |
$ |
264,071 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
175,515 |
$ |
203,989 |
$ |
235,955 |
$ |
111,143 |
$ |
139,618 |
$ |
171,583 |
||||||||||||||||||||||
5 |
$ |
338,542 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
217,092 |
$ |
259,927 |
$ |
309,929 |
$ |
158,572 |
$ |
201,407 |
$ |
251,408 |
||||||||||||||||||||||
6 |
$ |
416,736 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
257,716 |
$ |
317,929 |
$ |
391,034 |
$ |
205,048 |
$ |
265,261 |
$ |
338,366 |
||||||||||||||||||||||
7 |
$ |
498,841 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
297,373 |
$ |
378,048 |
$ |
479,945 |
$ |
250,558 |
$ |
331,232 |
$ |
433,130 |
||||||||||||||||||||||
8 |
$ |
585,050 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
336,040 |
$ |
440,325 |
$ |
577,392 |
$ |
295,076 |
$ |
399,361 |
$ |
536,428 |
||||||||||||||||||||||
9 |
$ |
675,570 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
373,688 |
$ |
504,802 |
$ |
684,177 |
$ |
338,576 |
$ |
469,690 |
$ |
649,065 |
||||||||||||||||||||||
10 |
$ |
770,616 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
410,274 |
$ |
571,507 |
$ |
801,166 |
$ |
381,014 |
$ |
542,248 |
$ |
771,907 |
||||||||||||||||||||||
15 |
$ |
1,322,065 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
604,124 |
$ |
972,652 |
$ |
1,614,966 |
$ |
604,124 |
$ |
972,652 |
$ |
1,614,966 |
||||||||||||||||||||||
20 |
$ |
2,025,868 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
6,226,368 |
$ |
751,614 |
$ |
1,431,982 |
$ |
2,894,639 |
$ |
751,614 |
$ |
1,431,982 |
$ |
2,894,639 |
||||||||||||||||||||||
25 |
$ |
2,924,120 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
8,784,111 |
$ |
807,407 |
$ |
1,920,877 |
$ |
4,874,646 |
$ |
807,407 |
$ |
1,920,877 |
$ |
4,874,646 |
||||||||||||||||||||||
30 |
$ |
4,070,542 |
$ |
6,000,000 |
$ |
6,000,000 |
$ |
12,001,582 |
$ |
636,023 |
$ |
2,345,606 |
$ |
7,818,620 |
$ |
636,023 |
$ |
2,345,606 |
$ |
7,818,620 |
||||||||||||||||||||||
35 |
$ |
5,533,699 |
** |
$ |
6,000,000 |
$ |
16,081,140 |
** |
$ |
2,434,892 |
$ |
11,947,355 |
** |
$ |
2,434,892 |
$ |
11,947,355 |
|||||||||||||||||||||||||
40 |
$ |
7,401,100 |
** |
$ |
6,000,000 |
$ |
21,316,932 |
** |
$ |
1,428,556 |
$ |
17,430,034 |
** |
$ |
1,428,556 |
$ |
17,430,034 |
|||||||||||||||||||||||||
45 |
$ |
9,784,429 |
** |
** |
$ |
28,211,358 |
** |
** |
$ |
24,812,100 |
** |
** |
$ |
24,812,100 |
||||||||||||||||||||||||||||
50 |
$ |
12,826,228 |
** |
** |
$ |
37,602,215 |
** |
** |
$ |
36,365,778 |
** |
** |
$ |
36,365,778 |
* | The illustrations assume that planned periodic premiums are paid at the start of each policy year. The death benefit, net policy account value and net cash surrender value will differ if premiums are paid in different amounts or frequencies. |
** | Policy lapses unless additional payments are made. |
Death Benefit |
Net Policy Account Value |
Net Cash Surrender Value |
||||||||||||||||||||||||||||||||||||||||
End Of Policy Year |
Premiums Accum. At 5% Interest Per Year |
Assuming Hypothetical Gross Annual Investment Return of: |
Assuming Hypothetical Gross Annual Investment Return of: |
Assuming Hypothetical Gross Annual Investment Return of: |
||||||||||||||||||||||||||||||||||||||
0% Gross |
6% Gross |
12% Gross |
0% Gross |
6% Gross |
12% Gross |
0% Gross |
6% Gross |
12% Gross |
||||||||||||||||||||||||||||||||||
1 |
$ |
61,268 |
$ |
6,046,329 |
$ |
6,049,289 |
$ |
6,052,247 |
$ |
46,329 |
$ |
49,289 |
$ |
52,247 |
$ |
0 |
$ |
0 |
$ |
0 |
||||||||||||||||||||||
2 |
$ |
125,598 |
$ |
6,091,858 |
$ |
6,100,629 |
$ |
6,109,740 |
$ |
91,858 |
$ |
100,629 |
$ |
109,740 |
$ |
15,782 |
$ |
24,553 |
$ |
33,663 |
||||||||||||||||||||||
3 |
$ |
193,146 |
$ |
6,136,437 |
$ |
6,153,929 |
$ |
6,172,817 |
$ |
136,437 |
$ |
153,929 |
$ |
172,817 |
$ |
66,213 |
$ |
83,705 |
$ |
102,593 |
||||||||||||||||||||||
4 |
$ |
264,071 |
$ |
6,180,054 |
$ |
6,209,238 |
$ |
6,241,998 |
$ |
180,054 |
$ |
209,238 |
$ |
241,998 |
$ |
115,682 |
$ |
144,867 |
$ |
177,627 |
||||||||||||||||||||||
5 |
$ |
338,542 |
$ |
6,222,710 |
$ |
6,266,617 |
$ |
6,317,866 |
$ |
222,710 |
$ |
266,617 |
$ |
317,866 |
$ |
164,189 |
$ |
208,096 |
$ |
259,346 |
||||||||||||||||||||||
6 |
$ |
416,736 |
$ |
6,264,381 |
$ |
6,326,104 |
$ |
6,401,037 |
$ |
264,381 |
$ |
326,104 |
$ |
401,037 |
$ |
211,713 |
$ |
273,436 |
$ |
348,369 |
||||||||||||||||||||||
7 |
$ |
498,841 |
$ |
6,305,052 |
$ |
6,387,748 |
$ |
6,492,191 |
$ |
305,052 |
$ |
387,748 |
$ |
492,191 |
$ |
258,236 |
$ |
340,933 |
$ |
445,375 |
||||||||||||||||||||||
8 |
$ |
585,050 |
$ |
6,344,693 |
$ |
6,451,585 |
$ |
6,592,065 |
$ |
344,693 |
$ |
451,585 |
$ |
592,065 |
$ |
303,729 |
$ |
410,621 |
$ |
551,101 |
||||||||||||||||||||||
9 |
$ |
675,570 |
$ |
6,384,774 |
$ |
6,519,240 |
$ |
6,703,146 |
$ |
384,774 |
$ |
519,240 |
$ |
703,146 |
$ |
349,662 |
$ |
484,128 |
$ |
668,034 |
||||||||||||||||||||||
10 |
$ |
770,616 |
$ |
6,424,207 |
$ |
6,589,714 |
$ |
6,825,316 |
$ |
424,207 |
$ |
589,714 |
$ |
825,316 |
$ |
394,947 |
$ |
560,454 |
$ |
796,056 |
||||||||||||||||||||||
15 |
$ |
1,322,065 |
$ |
6,637,371 |
$ |
7,017,923 |
$ |
7,679,030 |
$ |
637,371 |
$ |
1,017,923 |
$ |
1,679,030 |
$ |
637,371 |
$ |
1,017,923 |
$ |
1,679,030 |
||||||||||||||||||||||
20 |
$ |
2,025,868 |
$ |
6,853,881 |
$ |
7,590,342 |
$ |
9,160,710 |
$ |
853,881 |
$ |
1,590,342 |
$ |
3,160,710 |
$ |
853,881 |
$ |
1,590,342 |
$ |
3,160,710 |
||||||||||||||||||||||
25 |
$ |
2,924,120 |
$ |
7,023,987 |
$ |
8,276,827 |
$ |
11,590,323 |
$ |
1,023,987 |
$ |
2,276,827 |
$ |
5,590,323 |
$ |
1,023,987 |
$ |
2,276,827 |
$ |
5,590,323 |
||||||||||||||||||||||
30 |
$ |
4,070,542 |
$ |
7,037,096 |
$ |
8,978,925 |
$ |
15,455,537 |
$ |
1,037,096 |
$ |
2,978,925 |
$ |
9,455,537 |
$ |
1,037,096 |
$ |
2,978,925 |
$ |
9,455,537 |
||||||||||||||||||||||
35 |
$ |
5,533,699 |
$ |
6,725,601 |
$ |
9,499,963 |
$ |
21,488,522 |
$ |
725,601 |
$ |
3,499,963 |
$ |
15,488,522 |
$ |
725,601 |
$ |
3,499,963 |
$ |
15,488,522 |
||||||||||||||||||||||
40 |
$ |
7,401,100 |
** |
$ |
9,447,092 |
$ |
30,742,149 |
** |
$ |
3,447,092 |
$ |
24,742,149 |
** |
$ |
3,447,092 |
$ |
24,742,149 |
|||||||||||||||||||||||||
45 |
$ |
9,784,429 |
** |
$ |
8,369,967 |
$ |
45,028,675 |
** |
$ |
2,369,967 |
$ |
39,028,675 |
** |
$ |
2,369,967 |
$ |
39,028,675 |
|||||||||||||||||||||||||
50 |
$ |
12,826,228 |
** |
** |
$ |
66,857,662 |
** |
** |
$ |
60,857,662 |
** |
** |
$ |
60,857,662 |
* | The illustrations assume that planned periodic premiums are paid at the start of each policy year. The death benefit, net policy account value and net cash surrender value will differ if premiums are paid in different amounts and frequencies. |
** | Policy lapses unless additional payments are made. |
Death Benefit |
Net Policy Account Value |
Net Cash Surrender Value |
||||||||||||||||||||||||||||||||||||||||
End Of Policy Year |
Premiums Accum. At 5% Interest Per Year |
Assuming Hypothetical Gross Annual Investment Return of: |
Assuming Hypothetical Gross Annual Investment Return of: |
Assuming Hypothetical Gross Annual Investment Return of: |
||||||||||||||||||||||||||||||||||||||
0% Gross |
6% Gross |
12% Gross |
0% Gross |
6% Gross |
12% Gross |
0% Gross |
6% Gross |
12% Gross |
||||||||||||||||||||||||||||||||||
1 |
$ |
61,268 |
$ |
6,045,184 |
$ |
6,048,075 |
$ |
6,050,965 |
$ |
45,184 |
$ |
48,075 |
$ |
50,965 |
$ |
0 |
$ |
0 |
$ |
0 |
||||||||||||||||||||||
2 |
$ |
125,598 |
$ |
6,089,556 |
$ |
6,098,117 |
$ |
6,107,011 |
$ |
89,556 |
$ |
98,117 |
$ |
107,011 |
$ |
13,479 |
$ |
22,041 |
$ |
30,935 |
||||||||||||||||||||||
3 |
$ |
193,146 |
$ |
6,132,998 |
$ |
6,150,068 |
$ |
6,168,500 |
$ |
132,998 |
$ |
150,068 |
$ |
168,500 |
$ |
62,774 |
$ |
79,844 |
$ |
98,276 |
||||||||||||||||||||||
4 |
$ |
264,071 |
$ |
6,175,501 |
$ |
6,203,973 |
$ |
6,235,936 |
$ |
175,501 |
$ |
203,973 |
$ |
235,936 |
$ |
111,129 |
$ |
139,601 |
$ |
171,564 |
||||||||||||||||||||||
5 |
$ |
338,542 |
$ |
6,217,064 |
$ |
6,259,892 |
$ |
6,309,886 |
$ |
217,064 |
$ |
259,892 |
$ |
309,886 |
$ |
158,543 |
$ |
201,372 |
$ |
251,366 |
||||||||||||||||||||||
6 |
$ |
416,736 |
$ |
6,257,663 |
$ |
6,317,862 |
$ |
6,390,950 |
$ |
257,663 |
$ |
317,862 |
$ |
390,950 |
$ |
204,995 |
$ |
265,194 |
$ |
338,282 |
||||||||||||||||||||||
7 |
$ |
498,841 |
$ |
6,297,282 |
$ |
6,377,928 |
$ |
6,479,790 |
$ |
297,282 |
$ |
377,928 |
$ |
479,790 |
$ |
250,467 |
$ |
331,113 |
$ |
432,974 |
||||||||||||||||||||||
8 |
$ |
585,050 |
$ |
6,335,892 |
$ |
6,440,125 |
$ |
6,577,122 |
$ |
335,892 |
$ |
440,125 |
$ |
577,122 |
$ |
294,928 |
$ |
399,160 |
$ |
536,157 |
||||||||||||||||||||||
9 |
$ |
675,570 |
$ |
6,373,459 |
$ |
6,504,481 |
$ |
6,683,726 |
$ |
373,459 |
$ |
504,481 |
$ |
683,726 |
$ |
338,347 |
$ |
469,369 |
$ |
648,614 |
||||||||||||||||||||||
10 |
$ |
770,616 |
$ |
6,409,931 |
$ |
6,571,008 |
$ |
6,800,441 |
$ |
409,931 |
$ |
571,008 |
$ |
800,441 |
$ |
380,671 |
$ |
541,749 |
$ |
771,181 |
||||||||||||||||||||||
15 |
$ |
1,322,065 |
$ |
6,602,226 |
$ |
6,969,390 |
$ |
7,609,268 |
$ |
602,226 |
$ |
969,390 |
$ |
1,609,268 |
$ |
602,226 |
$ |
969,390 |
$ |
1,609,268 |
||||||||||||||||||||||
20 |
$ |
2,025,868 |
$ |
6,743,857 |
$ |
7,416,159 |
$ |
8,861,167 |
$ |
743,857 |
$ |
1,416,159 |
$ |
2,861,167 |
$ |
743,857 |
$ |
1,416,159 |
$ |
2,861,167 |
||||||||||||||||||||||
25 |
$ |
2,924,120 |
$ |
6,780,955 |
$ |
7,855,297 |
$ |
10,746,714 |
$ |
780,955 |
$ |
1,855,297 |
$ |
4,746,714 |
$ |
780,955 |
$ |
1,855,297 |
$ |
4,746,714 |
||||||||||||||||||||||
30 |
$ |
4,070,542 |
$ |
6,561,722 |
$ |
8,102,025 |
$ |
13,438,595 |
$ |
561,722 |
$ |
2,102,025 |
$ |
7,438,595 |
$ |
561,722 |
$ |
2,102,025 |
$ |
7,438,595 |
||||||||||||||||||||||
35 |
$ |
5,533,699 |
** |
$ |
7,642,251 |
$ |
16,882,206 |
** |
$ |
1,642,251 |
$ |
10,882,206 |
** |
$ |
1,642,251 |
$ |
10,882,206 |
|||||||||||||||||||||||||
40 |
$ |
7,401,100 |
** |
** |
$ |
20,579,653 |
** |
** |
$ |
14,579,653 |
** |
** |
$ |
14,579,653 |
||||||||||||||||||||||||||||
45 |
$ |
9,784,429 |
** |
** |
$ |
23,798,533 |
** |
** |
$ |
17,798,533 |
** |
** |
$ |
17,798,533 |
||||||||||||||||||||||||||||
50 |
$ |
12,826,228 |
** |
** |
$ |
25,211,660 |
** |
** |
$ |
19,211,660 |
** |
** |
$ |
19,211,660 |
* | The illustrations assume that planned periodic premiums are paid at the start of each policy year. The death benefit, net policy account value and net cash surrender value will differ if premiums are paid in different amounts and frequencies. |
** | Policy lapses unless additional payments are made. |
State |
Features and Benefits |
Availability or Variation | ||
California |
See “Your right to cancel within a certain number of days” in “More information about procedures that apply to your policy.” |
The right to cancel period is 30 days for individuals over age 60. | ||
Delaware |
See “Your right to cancel within a certain number of days” in “More information about procedures that apply to your policy.” |
The right to cancel period for replacements is 20 days. | ||
Florida |
See “Your right to cancel within a certain number of days” in “More information about procedures that apply to your policy.” |
The right to cancel period is 14 days. | ||
New York |
See “Changes in Charges” in “More information about policy charges” |
The following paragraph replaces the second paragraph in this section in its entirety: | ||
Changes in policy cost factors (interest rates we credit to the Guaranteed Interest Option, cost of insurance rates, the premium charge, the administrative charge, any mortality and expense risk charge, and the rates for any additional benefit riders) will be on a basis that is equitable to all policies belonging to a given class, and will be determined based on reasonable assumptions as to expenses, mortality, investment income, persistency and, with respect to any rider that provides for accelerated death benefits for chronic illness, policy and contract claims associated with morbidity. For the sake of clarity, the assumptions referenced above include taxes; longevity; surrenders; lapses; conversions; disability; accident; illness; and with respect to the rates for any rider that provides accelerated death benefits for chronic illness, inability to perform activities of daily living and cognitive impairment, if applicable. Any change in policy cost factors will never result in an interest crediting rate that is lower than that guaranteed in the policy, or policy charges that exceed the maximum policy charges guaranteed in the policy. Any change in policy cost factors will be on a prospective basis; that is, any change will be determined based on future anticipated or emerging experience. | ||||
See “Premium Payments” in “Payment of premiums and determining your policy’s value” |
There is no minimum loan amount. | |||
See “Loan Interest We Charge” in “Death benefits and accessing your money” |
Your policy will not terminate solely due to a change in the policy loan interest rate during the policy year. |
State |
Features and Benefits |
Availability or Variation | ||
New York (continued) |
See “Cash Value Plus Rider” in “Other benefits available under the policy” |
Amounts of increased surrender value provided by this rider before its termination will be included in the amount of Net Cash Surrender Value applied to purchase fixed paid-up insurance available under the Fixed Paid-Up Option. | ||
Fixed Paid-Up Option. At least 30 days before any policy anniversary prior to the policy anniversary nearest the 100th birthday of the younger insured person, you may give us written notice that no further premium payments will be made under this policy and that it is to be made paid-up. As of such policy anniversary we will make the policy paid-up as described below provided that either or both of the insured persons are then living. First we will transfer (without charge) any amounts you then have under this policy in the variable investment options as of such anniversary to the unloaned portion of our guaranteed interest. Then we will apply the policy’s net cash surrender value as of such anniversary and use it to purchase fixed paid-up joint survivorship insurance to the policy anniversary nearest the 100th birthday of the younger insured person which will continue during the last surviving insured person’s lifetime under the terms described below. Under this option, the face amount of paid-up joint survivorship insurance will be whatever the net cash surrender value will buy when applied as a net single premium on such policy anniversary. The basis for determining these net single premiums will be the 2017 Commissioners Standard Ordinary Mortality Tables, as further described in “The Basis We Use for Computation” provision of this policy, using an effective annual interest rate of 4%. Any additional benefit riders to this policy will then terminate and, thereafter, notwithstanding anything to the contrary in this policy, no further premium payments will be accepted, no partial withdrawals or transfers will be permitted, no changes in the base policy face amount or the death benefit options will be allowed, and no charges will be deducted. Policy loans and loan repayments may continue to be made after this option has been exercised. Fixed paid-up joint survivorship insurance purchased under this option will not be subject to any administrative charge. Upon request, we will advise you as to the amount of fixed paid-up joint survivorship insurance that could be purchased on the next anniversary, assuming that the net cash surrender value on the next anniversary remained the same as the current value. However, you must realize that the actual net cash surrender value on the next anniversary may be more or less than the current value. |
State |
Features and Benefits |
Availability or Variation | ||
New York (continued) |
Under this option: 1. At any time prior to the policy anniversary nearest the 100th birthday of the younger insured person, no interest will be credited, the cash surrender value will be equal to the net single premium at that time for the face amount of paid-up joint survivorship insurance, and the death benefit will be equal to the face amount of paid-up joint survivorship insurance. 2. On the policy anniversary nearest the 100th birthday of the younger insured person, the cash surrender value will be equal to the face amount of paid-up joint survivorship insurance and the death benefit will be equal to 101% of the cash surrender value. 3. At any time after the policy anniversary nearest the 100th birthday of the younger insured person, the cash surrender value will be equal to the cash surrender value on the policy anniversary nearest the 100th birthday of the younger insured person, plus interest credited from the policy anniversary nearest the 100th birthday of the younger insured person to the current date at the minimum guaranteed interest rate shown in the “Policy Information” section of this policy; the death benefit will be equal to 101% of the cash surrender value. 4. The loan value on any date will be the cash surrender value of the paid-up policy at the end of the current policy year, discounted at the loan interest rate we charge between the date of the loan and the next policy anniversary. 5. If at any time the amount of any outstanding policy loan plus accrued loan interest equals or exceeds the cash surrender value of the paid-up policy, the policy will terminate unless a loan repayment at least sufficient to reduce the outstanding policy loan plus accrued loan interest to be less than the cash surrender value is made within 31 days after we mail you and any assignee on our records notice of such termination at the last known address in our records. If the death of the second of the insured persons to die occurs while the policy has an outstanding policy loan and/or accrued loan interest, such amount will be deducted from the proceeds payable under the policy. | |||
See “Assigning your policy” in “More information about procedures that apply to your policy” |
We may restrict changes in ownership only to maintain the tax qualification status of the policy. | |||
North Dakota |
See “Your right to cancel within a certain number of days” in “More information about procedures that apply to your policy.” |
The right to cancel period is 20 days. | ||
Oregon |
See “Option to Split Policy Upon Federal Tax Law Change” in “Other benefits available under the policy” |
The Option to Split Policy Upon Federal Tax Law Change rider is not available. | ||
Pennsylvania |
See “Option to Split Policy Upon Divorce” in “Other benefits available under the policy” |
The Option to Split Policy Upon Divorce rider is not available. |
C000214685 |
#513052 |
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
1345 Avenue of the Americas
New York, New York 10105
Statement of Additional Information
dated May 1, 2024
• | COIL Institutional SeriesSM |
• | COIL Institutional SeriesSM (Series 162) |
• | Equitable AdvantageSM |
• | Incentive Life® |
• | Incentive Life® ‘02 |
• | Incentive Life® ‘06 |
• | Incentive Life Legacy® |
• | Incentive Life Legacy® II |
• | IncentiveLife Legacy® III |
• | Incentive Life Optimizer® |
• | Incentive Life Optimizer® II |
• | IncentiveLife Optimizer® III |
• | Survivorship Incentive LifeSM Legacy |
• | VUL Incentive Life ProtectSM |
• | VUL Legacy® |
• | VUL Optimizer® |
• | VUL Survivorship |
Flexible premium variable life insurance policies issued by Equitable Financial Life Insurance Company (the “Company”) with variable investment options offered under the Company’s Separate Account FP.
This Statement of Additional Information (“SAI”) is not a prospectus. It should be read in conjunction with the related prospectus, dated May 1, 2024. Each prospectus provides detailed information concerning the policy and the variable investment options, as well as the guaranteed interest option, that fund the policy. Each variable investment option is a subaccount of the Company’s Separate Account FP. Separate Account FP’s predecessor was established on April 19, 1985 by our then wholly owned subsidiary, Equitable Variable Life Insurance Company. We established our Separate Account FP under New York Law on September 21, 1995. When Equitable Variable Life Insurance Company merged into AXA Equitable (now known as Equitable Financial Life Insurance Company), as of January 1, 1997, our Separate Account FP succeeded to all the assets, liabilities and operations of its predecessor. The guaranteed interest option is part of the Company’s general account. Definitions of special terms used in the SAI are found in the prospectus.
A copy of the prospectuses are available free of charge by writing the Administrative Office (P.O. Box 1047, Charlotte, North Carolina 28201-1047), by calling toll free, 1-800-777-6510 (for U.S. residents) or 1-704-341-7000 (outside of the U.S.), by sending an email request to lifeservice@equitable.com or by contacting your financial professional.
The Company
We are Equitable Financial Life Insurance Company (the “Company”, “we”, “our”, and “us”), (until 2020, known as AXA Equitable Life Insurance Company), a New York stock life insurance corporation. We have been doing business since 1859. The Company is an indirect wholly owned subsidiary of Equitable Holdings, Inc. No other company has any legal responsibility to pay amounts that the Company owes under the policies. The Company is solely responsible for paying all amounts owed to you under your policy.
Ways we pay policy proceeds
The payee for death benefit or other policy proceeds (e.g., upon surrenders) may name a successor to receive any amounts that we still owe following the payee’s death. Otherwise, we will pay any such amounts to the payee’s estate.
We must approve any payment arrangements that involve a payee who is not a natural person (for example, a corporation) or a payee who is a fiduciary. Also, the details of all payment arrangements will be subject to our rules at the time the arrangements are selected and take effect.
Distribution of the policies
Equitable Advisors distributes these policies pursuant to a selling agreement, dated as of May 1, 1994, as amended, between Equitable Advisors and the Company. The Company paid Equitable Advisors as the distributors of certain policies, including these policies, and as the principal underwriter of several Company separate accounts, including Separate Account FP, $528,625,217 in 2023, $628,586,635 in 2022 and $633,967,608 in 2021. Of these amounts, for each of these three years, Equitable Advisors retained $253,096,170, $286,917,091 and $282,627,531, respectively.
Under a distribution agreement between Equitable Distributors and the Company and certain of the Company’s separate accounts, including Separate Account FP, the Company paid Equitable Distributors (or EDI, as applicable) as the distributor of certain policies, including these policies, and as the principal underwriter of several Company separate accounts, including Separate Account FP, $383,966,142 in 2023, $535,080,397 in 2022 and $589,621,128 in 2021. Of these amounts, for each of these three years, Equitable Distributors (or EDI, as applicable) retained $0, $0 and $0, respectively.
#558026 |
Underwriting a policy
The underwriting of a policy determines: (1) whether the policy application will be approved or disapproved; and (2) into what premium class the insured should be placed. Risk factors that are considered for these determinations are: (i) the insured’s age; (ii) whether the insured uses tobacco or not; and (iii) the admitted medical history of the insured. Many other factors make up the overall evaluation of an individual’s assessment for insurance, but all of these items are determined through the questions asked during the application process.
For COIL Institutional SeriesSM, COIL Institutional SeriesSM (Series 162), Equitable AdvantageSM, VUL Legacy®, VUL Optimizer® and VUL Survivorship policies
We base guaranteed cost of insurance rates under the policy on the 2017 Commissioner’s Standard Ordinary Mortality Tables.
For Incentive Life Legacy®, Incentive Life Legacy® II, IncentiveLife Legacy® III, Incentive Life Optimizer®, Incentive Life Optimizer® II, IncentiveLife Optimizer® III and Survivorship Incentive LifeSM Legacy policies
We base guaranteed cost of insurance rates under the policy on the 2001 Commissioner’s Standard Ordinary Mortality Tables.
For Incentive Life®, Incentive Life® ‘02 and Incentive Life® ‘06 policies
We base guaranteed cost of insurance rates under the policy on the 1980 Commissioner’s Standard Ordinary Mortality Tables.
Insurance regulation that applies to the Company
We are regulated and supervised by the New York State Department of Financial Services. In addition, we are subject to the insurance laws and regulations in every state where we sell policies. We submit annual reports on our operations and finances to insurance officials in all of these states. The officials are responsible for reviewing our reports to see that we are financially sound. Such regulation, however, does not guarantee or provide absolute assurance of our soundness.
Custodian
The Company is the custodian for shares of the Trusts owned by Separate Account FP. The Company’s principal offices are located at 1345 Avenue of the Americas, New York, NY 10105.
Independent registered public accounting firm
The (i) financial statements of each of the variable investment options of Separate Account FP as of December 31, 2023 and for each of the periods indicated therein and the (ii) consolidated financial statements and financial statement schedules of Equitable Financial Life Insurance Company as of December 31, 2023 and 2022 and for each of the three years in the period ended
December 31, 2023 incorporated in this Statement of Additional Information by reference to the filed Form N-VPFS/A (for Separate Account FP) and Form N-VPFS/A (for Equitable Financial Life Insurance Company) have been so incorporated in reliance on the reports of PricewaterhouseCoopers LLP, an independent registered public accounting firm, given on the authority of said firm as experts in auditing and accounting.
PricewaterhouseCoopers LLP provides independent audit services and certain other non-audit services to Equitable Financial Life Insurance Company as permitted by the applicable SEC independence rules, and as disclosed in Equitable Financial Life Insurance Company’s Form 10-K. PricewaterhouseCoopers LLP’s address is 300 Madison Avenue, New York, New York 10017.
Financial statements
The financial statements and financial statement schedules of the Company incorporated by reference should be considered only as bearing upon the ability of the Company to meet its obligations under the policies.
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PART C
OTHER INFORMATION
ITEM 30. | EXHIBITS |
(a) | Board of Directors Resolutions. |
(1) |
(b) | Custodian Agreements. Inapplicable. |
(c) | Underwriting Contracts. |
(1) |
(2) |
(3) |
(4) |
(5) |
(a) |
(b) |
(c) |
(d) |
(6) |
(7) |
(8) |
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(c) |
(d) |
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(e) |
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(f) |
(g) |
(h) |
(i) |
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(k) |
(l) |
(m) |
(n) |
(o) |
(p) |
(q) |
(r) |
(s) |
(t) |
(9) |
(10) |
(a) |
(d) | Contracts. (Including Riders and Endorsements) |
(1) |
(2) |
(3) |
(4) |
(5) |
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(6) |
(7) |
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(8) |
(9) |
(e) | Applications. |
(1) |
(2) |
(3) |
(4) |
(f) | Depositor’s Certificate of Incorporation and By-Laws. |
(1) |
(2) |
(3) |
(g) | Reinsurance Contracts. |
(1) |
(a) |
(2) |
(3) |
(a) |
(4) |
(5) |
(h) | Participation Agreements. |
(1) |
(a) |
(b) |
(c) |
(d) |
(e) |
(f) |
(g) |
(h) |
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(i) |
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(6) |
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(9) |
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(11) |
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(a) |
(b) |
(c) |
(d) |
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(12) |
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(c) |
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(13) |
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(14) |
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(15) |
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(16) |
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(18) |
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(19) |
(a) |
(b) |
(c) |
(d) |
(e) |
(f) |
(g) |
(i) | Administration Contracts. See (c)(ii), (iii) and (iv). |
(j) | Other Material Contracts. Inapplicable. |
(k) | Legal Opinion. |
(a) |
(l) | Actuarial Opinion. |
(a) | Opinion and Consent of Brian Lessing, FSA, MAAA, Actuary and Signatory Officer, filed herewith. |
(m) | Calculation. |
(a) |
(n) | Other Opinions. |
(a) |
(b) |
(o) | Omitted Financial Statements. Inapplicable. |
(p) | Initial Capital Agreements. Inapplicable. |
(q) | Redeemability Exemption. |
(a) |
(r) | Form of Initial Summary Prospectuses. |
(a) |
101.INS XBRL Instance Document – the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document
101.SCH XBRL Taxonomy Extension Schema Document
101.CAL XBRL Taxonomy Extension Calculation Linkbase Document
101.DEF XBRL Taxonomy Extension Definition Linkbase Document
101.LAB XBRL Taxonomy Extension Label Linkbase Document
101.PRE XBRL Taxonomy Extension Presentation Linkbase Document
C-9
ITEM 31. | DIRECTORS AND OFFICERS OF THE DEPOSITOR. |
Set forth below is information regarding the directors and principal officers of the Depositor. The Depositor’s address is 1345 Avenue of the Americas, New York, New York 10105. The business address of the persons whose names are preceded by an asterisk is that of the Depositor.
NAME AND PRINCIPAL BUSINESS ADDRESS |
POSITIONS AND OFFICES WITH THE DEPOSITOR | |
DIRECTORS | ||
Francis Hondal | Director | |
10050 W. Suburban Drive | ||
Pinecrest, FL 33156 | ||
Arlene Isaacs-Lowe | Director | |
1830 South Ocean Drive, #1411 | ||
Hallandale, FL 33009 | ||
Daniel G. Kaye | Director | |
767 Quail Run | ||
Inverness, IL 60067 | ||
Joan Lamm-Tennant | Director | |
135 Ridge Common | ||
Fairfield, CT 06824 | ||
Craig MacKay | Director | |
England & Company | ||
1133 Avenue of the Americas | ||
Suite 2719 | ||
New York, NY 10036 | ||
Bertram L. Scott | Director | |
3601 Hampton Manor Drive | ||
Charlotte, NC 28226 | ||
George Stansfield | Director | |
AXA | ||
25, Avenue Matignon | ||
75008 Paris, France | ||
Charles G.T. Stonehill | Director | |
Founding Partner | ||
Green & Blue Advisors | ||
20 East End Avenue, Apt. 5C | ||
New York, New York 10028 | ||
OFFICER-DIRECTOR | ||
*Mark Pearson | Director and Chief Executive Officer | |
OTHER OFFICERS | ||
*Nicholas B. Lane | President | |
*José Ramón González | Chief Legal Officer and Secretary | |
*Jeffrey J. Hurd | Chief Operating Officer |
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*Robin M. Raju | Chief Financial Officer | |
*Michael B. Healy | Chief Information Officer | |
*Nicholas Huth | Chief Compliance Officer | |
*William Eckert | Chief Accounting Officer | |
*Darryl Gibbs | Chief Diversity Officer | |
*David W. Karr | Signatory Officer | |
*Jessica Baehr | Signatory Officer | |
*Mary Jean Bonadonna | Signatory Officer | |
*Eric Colby | Signatory Officer | |
*Steven M. Joenk | Chief Investment Officer | |
*Kenneth Kozlowski | Signatory Officer | |
*Barbara Lenkiewicz | Signatory Officer | |
*Carol Macaluso | Signatory Officer | |
*Hector Martinez | Signatory Officer | |
*James McCravy | Signatory Officer | |
*James Mellin | Signatory Officer | |
*Hillary Menard | Signatory Officer | |
*Kurt Meyers | Deputy General Counsel and Signatory Officer | |
*Maryanne (Masha) Mousserie | Signatory Officer | |
*Prabha (“Mary”) Ng | Chief Information Security Officer | |
*Anthony Perez | Signatory Officer | |
*Antonio Di Caro | Signatory Officer | |
*Glen Gardner | Deputy Chief Investment Officer | |
*Shelby Hollister-Share | Signatory Officer | |
*Manuel Prendes | Signatory Officer | |
*Meredith Ratajczak | Chief Actuary | |
*Aaron Sarfatti | Chief Risk Officer and Chief Strategy Officer | |
*Stephen Scanlon | Signatory Officer | |
*Samuel Schwartz | Signatory Officer | |
*Stephanie Shields | Signatory Officer | |
*Joseph M. Spagnuolo | Signatory Officer | |
*Gina Tyler | Chief Communications Officer | |
*Constance Weaver | Chief Marketing Officer | |
*Stephanie Withers | Chief Auditor | |
*Yun (“Julia”) Zhang | Treasurer |
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ITEM 32. | PERSONS CONTROLLED BY OR UNDER COMMON CONTROL WITH THE INSURANCE COMPANY OR REGISTRANT. |
Separate Account FP (the “Separate Account”) is a separate account of Equitable Financial. Equitable Financial, a New York stock life insurance company, is an indirect wholly owned subsidiary of Equitable Holdings, Inc. (the “Holding Company”).
Set forth below is the subsidiary chart for the Holding Company:
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ITEM 33. | INDEMNIFICATION |
(a) | Indemnification of Directors and Officers |
The by-laws of the Equitable Financial Life Insurance Company (“Equitable Financial”) provide, in Article VII, as follows:
7.4 Indemnification of Directors, Officers and Employees.
(a) | To the extent permitted by the law of the State of New York and subject to all applicable requirements thereof: |
(i) | Any person made or threatened to be made a party to any action or proceeding, whether civil or criminal, by reason of the fact that he or she, or his or her testator or intestate is or was a director, officer or employee of the Company shall be indemnified by the Company; |
(ii) | Any person made or threatened to be made a party to any action or proceeding, whether civil or criminal, by reason of the fact that he or she, or his or her testator or intestate serves or served any other organization in any capacity at the request of the Company may be indemnified by the Company; and |
(iii) | the related expenses of any such person in any of said categories may be advanced by the Company. |
(b) | To the extent permitted by the law of the State of New York, the Company or the Board of Directors, by amendment of these By-Laws, or by agreement. (Business Corporation Law ss.ss.721-726: Insurance Law ss.1216). |
The directors and officers of the Company are insured under policies issued by X. L. Insurance Company, Arch Insurance Company, Endurance Specialty Insurance Company, U.S. Specialty Insurance, ACE, Chubb Insurance Company, AXIS Insurance Company, Zurich Insurance Company, AWAC (Allied World Assurance Company, Ltd.), Aspen Bermuda XS, CNA, AIG, One Beacon, Nationwide, Berkley, Berkshire, SOMPO, Chubb, Markel and ARGO RE Ltd. The annual limit on such policies is $300 million, and the policies insure the officers and directors against certain liabilities arising out of their conduct in such capacities.
(b) | Indemnification of Principal Underwriters |
To the extent permitted by law of the State of New York and subject to all applicable requirements thereof, Equitable Distributors, LLC and Equitable Advisors, LLC have undertaken to indemnify each of its respective directors and officers who is made or threatened to be made a party to any action or proceeding, whether civil or criminal, by reason of the fact the director or officer, or his or her testator or intestate, is or was a director or officer of Equitable Distributors, LLC and Equitable Advisors, LLC.
(c) | Undertaking |
Insofar as indemnification for liability arising under the Securities Act of 1933 (“Act”) may be permitted to directors, officers and controlling persons of the registrant pursuant to the foregoing provisions, or otherwise, the registrant has been advised that in the opinion of the Securities and Exchange Commission such indemnification is against public policy as expressed in the Act and is, therefore, unenforceable. In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a director, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such director, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the Act and will be governed by the final adjudication of such issue.
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ITEM 34. | PRINCIPAL UNDERWRITERS |
(a) | Equitable Advisors, LLC and Equitable Distributors, LLC are the principal underwriters for: |
(i) | Separate Account No. 49, Separate Account No. 70, Separate Account A, Separate Account FP, Separate Account I and Separate Account No. 45 of Equitable Financial |
(ii) | Separate Account No. 49B of Equitable Colorado |
(iii) | EQ Advisors Trust |
(iv) | Variable Account AA, Equitable America Variable Account A, Equitable America Variable Account K, Equitable America Variable Account L, and Equitable America Variable Account 70A. |
(b) | Equitable Advisors is the principal underwriter of Equitable Financial’s Separate Account No. 301. |
(c) | Set forth below is certain information regarding the directors and principal officers of Equitable Advisors, LLC and Equitable Distributors, LLC: |
EQUITABLE ADVISORS, LLC
NAME AND PRINCIPAL BUSINESS ADDRESS |
POSITIONS AND OFFICES WITH UNDERWRITER | |
*David Karr | Director, Chairman of the Board and Chief Executive Officer | |
*Nicholas B. Lane | Director | |
*Frank Massa | Director and President | |
*Aaron Sarfatti | Director | |
*Ralph E. Browning, II | Chief Privacy Officer | |
*Mary Jean Bonadonna | Chief Risk Officer | |
*Patricia Boylan | Broker Dealer and Chief Compliance Officer | |
*Yun (“Julia”) Zhang | Director, Senior Vice President and Treasurer | |
*Nia Dalley | Vice President and Chief Conflicts Officer | |
*Brett Esselburn | Vice President, Investment Sales and Financial Planning | |
*Gina Jones | Vice President and Financial Crime Officer | |
*Tracy Zimmerer | Vice President, Principal Operations Officer | |
*Page Pennell | Vice President | |
*Sean Donovan | Assistant Vice President | |
*Alan Gradzki | Assistant Vice President | |
*Janie Smith | Assistant Vice President | |
*James Mellin | Chief Sales Officer | |
*Candace Scappator | Assistant Vice President, Controller and Principal Financial Officer | |
*Prabha (“Mary”) Ng | Chief Information Security Officer | |
*Alfred Ayensu-Ghartey | Vice President | |
*Joshua Katz | Vice President | |
*Christopher LaRussa | Investment Advisor Chief Compliance Officer | |
*Christian Cannon | Vice President and General Counsel | |
*Samuel Schwartz | Vice President | |
*Dennis Sullivan | Vice President | |
* Michael Cole | Vice President and Assistant Treasurer | |
*Constance (Connie) Weaver | Vice President | |
*Michael Brudoley | Secretary | |
*Christine Medy | Assistant Secretary | |
*Francesca Divone | Assistant Secretary |
EQUITABLE DISTRIBUTORS, LLC
NAME AND PRINCIPAL BUSINESS ADDRESS |
POSITIONS AND OFFICES WITH UNDERWRITER | |
*Nicholas B. Lane | Director, Chairman of the Board, President and Chief Executive Officer | |
*Jessica Baehr | Director, Executive Vice President and Head of Group Retirement | |
*Hector Martinez | Director, Executive Vice President and Head of Life Business | |
*Eric Brown | Senior Vice President | |
*James Crimmins | Senior Vice President | |
*James Daniello | Senior Vice President | |
*Michael B. Healy | Senior Vice President | |
*Patrick Ferris | Senior Vice President | |
*Brett Ford | Senior Vice President | |
*Bernard Heffernon | Senior Vice President | |
*David Kahal | Senior Vice President | |
*Fred Makonnen | Senior Vice President | |
*Matthew Schirripa | Senior Vice President | |
*David Veale | Senior Vice President | |
*Arielle D’Auguste | Vice President and General Counsel | |
*Alfred D’Urso | Vice President and Chief Compliance Officer | |
*Mark Teitelbaum | Senior Vice President | |
*Candace Scappator | Vice President, Chief Financial Officer, Principal Financial Officer and Principal Operations Officer | |
*Gina Jones | Vice President and Financial Crime Officer | |
*Yun (“Julia”) Zhang | Senior Vice President and Treasurer | |
*Francesca Divone | Secretary | |
*Richard Frink | Senior Vice President | |
*Michael J. Gass | Vice President | |
*Kathi Gopie | Vice President | |
*Timothy Jaeger | Vice President | |
*Jeremy Kachejian | Vice President | |
*Laird Johnson | Vice President | |
*Enrico Mossa | Assistant Vice President | |
*James C. Pazareskis | Assistant Vice President | |
*Caitlin Schirripa | Assistant Vice President | |
*Samuel Schwartz | Vice President | |
*Greg Seavey | Vice President | |
* Michael Cole | Assistant Treasurer | |
*Stephen Scanlon | Director, Executive Vice President and Head of Individual Retirement | |
*Prabha (“Mary”) Ng | Senior Vice President and Chief Information Security Officer | |
*Michael Brudoley | Assistant Secretary | |
*Christine Medy | Assistant Secretary | |
* Principal Business Address: 1345 Avenue of the Americas NY, NY 10105 |
(d) |
Name of Principal Underwriter |
Net Underwriting Discounts |
Compensation on Redemption |
Brokerage Commission |
Other Compensation | ||||
Equitable Advisors, LLC |
N/A | $0 | $0 | $0 | ||||
Equitable Distributors, LLC |
N/A | $0 | $0 | $0 |
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ITEM 35. | LOCATION OF ACCOUNTS AND RECORDS |
This information is omitted as it is provided in the Registrant’s most recent report on Form N-CEN.
ITEM 36. | MANAGEMENT SERVICES |
Not applicable.
ITEM 37. | REPRESENTATION REGARDING REASONABLENESS OF AGGREGATE POLICY FEES AND CHARGES |
Equitable Financial represents that the fees and charges deducted under the Policies described in this Registration Statement, in the aggregate, are reasonable in relation to the services rendered, the expenses expected to be incurred, and the risks assumed by Equitable Financial under the Policies.
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SIGNATURES
Pursuant to the requirements of the Securities Act of 1933 and the Investment Company Act of 1940, the Registrant certifies that it meets all the requirements for effectiveness of this Registration Statement under Rule 485(b) under the Securities Act and has duly caused this Registration Statement to be signed on its behalf by the undersigned, duly authorized, in the City and State of New York, on the 23rd day of April, 2024.
SEPARATE ACCOUNT FP (REGISTRANT) | ||
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY | ||
(DEPOSITOR) | ||
By: | /s/ Alfred Ayensu-Ghartey | |
Alfred Ayensu-Ghartey | ||
Vice President and Associate General Counsel |
As required by the Securities Act of 1933, this Registration Statement has been signed by the following persons in the capacities and on the date indicated:
PRINCIPAL EXECUTIVE OFFICER: | ||
*Mark Pearson | Chief Executive Officer and Director | |
PRINCIPAL FINANCIAL OFFICER: | ||
*Robin Raju | Chief Financial Officer | |
PRINCIPAL ACCOUNTING OFFICER: | ||
*William Eckert | Chief Accounting Officer |
*DIRECTORS: | ||||||
Daniel G. Kaye | Mark Pearson | Francis Hondal | ||||
Joan Lamm-Tennant | Charles G.T. Stonehill | Arlene Isaacs-Lowe | ||||
Bertram Scott | George Stansfield | Craig MacKay | ||||
*By: | /s/ Alfred Ayensu-Ghartey | |
Alfred Ayensu-Ghartey | ||
Attorney-in-Fact | ||
April 23, 2024 |