Filed with the Securities and Exchange Commission on April 23, 2024.
Registration No. 333-17665
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
POST-EFFECTIVE AMENDMENT NO. 38
TO
FORM S-6
FOR REGISTRATION UNDER THE SECURITIES ACT OF 1933
OF SECURITIES OF UNIT INVESTMENT TRUSTS REGISTERED ON FORM N-8B-2
SEPARATE ACCOUNT FP
(EXACT NAME OF TRUST)
EQUITABLE FINANCIAL LIFE INSURANCE COMPANY
(EXACT NAME OF DEPOSITOR)
1345 Avenue of the Americas New York, New York 10105 (Address of Depositors Principal Executive Offices) |
Mark Pearson, Chief Executive Officer | |
Equitable Financial Life Insurance Company 1345 Avenue of the Americas New York, New York 10105 (Name and Address of Agent for Service) |
Telephone Number, Including Area Code: (212) 554-1234
Please send copies of all communications to:
Alfred Ayensu-Ghartey
Vice President and Associate General Counsel
Equitable Financial Life Insurance Company
1345 Avenue of the Americas
New York, New York 10105
Securities Being Registered: Units of Interest in Separate Account FP
It is proposed that this filing will become effective (check appropriate line):
☐ | 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) of Rule 485 |
☐ | on (date) pursuant to paragraph (a) of Rule 485 |
Equitable Financial Life Insurance Company
Variable Life Insurance Policies
Prospectus Supplement dated May 1, 2024
Incentive Life® |
Incentive Life® 2000 | |
Incentive Life Plus® |
Champion 2000 | |
Special Offer Policy |
This prospectus supplement updates certain information in the most recent prospectus you received for your Equitable Financial Life Insurance Company (the Company, we, our and us), variable life insurance policy listed above, and in any prior supplements to that prospectus. Appendix B sets forth the dates of such prior prospectuses and supplements, which, in addition to this Supplement, should be kept for future reference. We will send you another copy of any prospectus or supplement, without charge, upon written request. All prospectuses and supplements listed in Appendix B are hereby incorporated by reference.
Together, the most recent prospectus and this Supplement are disclosure documents that describe all of the policys material features, benefits, rights and obligations, as well as other information. The description of the policys material provisions in that prospectus and this Supplement are current as of their respective dates. If certain material provisions under the policy are changed after the date of that prospectus in accordance with the policy, those changes will be described in this Supplement or another supplement. You should read this Supplement in conjunction with your most recent prospectus. The policy should also be read carefully.
(1) ABOUT THE PORTFOLIOS OF THE TRUSTS. We offer both affiliated and unaffiliated Trusts, which in turn offer one or more Portfolios. Equitable Investment Management Group, LLC (Equitable IMG), is an affiliate of the Company and serves as the investment adviser of the Portfolios of EQ Advisors Trust. For some affiliated Portfolios, Equitable IMG has entered into sub-advisory agreements with one or more other investment advisers (the sub-advisers) to carry out investment decisions for the Portfolios. As such, among other responsibilities, Equitable IMG oversees the activities of the sub-advisers with respect to the affiliated trust and is responsible for retaining or discontinuing the services of those sub-advisers. The chart below indicates the sub-adviser(s) for each Portfolio, if any. The chart below also shows the currently available Portfolios and their investment objectives.
You should be aware that Equitable Advisors, LLC (Equitable Financial Advisors in MI and TN), (Equitable Advisors) and Equitable Distributors, LLC (Equitable Distributors) (together, the Distributors) directly or indirectly receive 12b-1 fees from affiliated Portfolios for providing certain distribution and/or shareholder support services. These fees will not exceed 0.25% of the Portfolios average daily net assets. The affiliated Portfolios sub-advisers and/or their affiliates may also contribute to the cost of expenses for sales meetings or seminar sponsorships that may relate to the contracts and/or the sub-advisers respective Portfolios. In addition, Equitable IMG, a wholly owned subsidiary of the Company, receives advisory fees and Equitable Investment Management, LLC, an affiliate of Equitable IMG, receives administration fees in connection with the services they provide to the Portfolios. As such, it may be more profitable for us to offer affiliated Portfolios than to offer unaffiliated Portfolios.
The Company or the Distributors may directly or indirectly receive 12b-1 fees and additional payments from certain unaffiliated Portfolios, their advisers, sub-advisers, distributors or affiliates, for providing certain administrative, marketing, distribution and/or shareholder support services. These fees and payments range from 0% to 0.60% of the unaffiliated Portfolios average daily net assets. The Distributors may also receive payments from the advisers or sub-advisers of the unaffiliated Portfolios or their affiliates for certain distribution services, including expenses for sales meetings or seminar sponsorships that may relate to the contracts and/or the advisers respective Portfolios.
As a policy owner, you may bear the costs of some or all of these fees and payments through your indirect investment in the Portfolios. (See the Portfolios prospectuses for more information.) These fees and payments, as well as the Portfolios investment management fees and administrative expenses, will reduce the underlying Portfolios investment returns. The Company may profit from these fees and payments. The Company considers the availability of these fees and payment arrangements during the selection process for the underlying Portfolios. These fees and payment arrangements may create an incentive for us to select Portfolios (and classes of shares of Portfolios) that pay us higher amounts.
Some affiliated Portfolios invest in other affiliated Portfolios (the EQ Fund of Fund Portfolios). The EQ Fund of Fund Portfolios offer policy owners a convenient opportunity to invest in other Portfolios that are managed and have been selected for inclusion in the EQ Fund of Fund Portfolios by Equitable IMG. Equitable Advisors, an affiliated broker-dealer of the Company,
Copyright 2024 Equitable Financial Life Insurance Company.
All rights reserved.
#495086 |
may promote the benefits of such Portfolios to policy owners and/or suggest that policy owners consider whether allocating some or all of their account value to such Portfolios is consistent with their desired investment objectives. In doing so, the Company, and/or its affiliates, may be subject to conflicts of interest insofar as the Company may derive greater revenues from the EQ Fund of Fund Portfolios than certain other Portfolios available to you under your policy. Please see Managing your allocations below for more information.
As described in more detail in the Portfolio prospectuses, the EQ Managed Volatility Portfolios may utilize a proprietary volatility management strategy developed by Equitable IMG (the EQ volatility management strategy) and, in addition, certain EQ Fund of Fund Portfolios may invest in affiliated Portfolios that utilize this strategy. The EQ volatility management strategy employs various volatility management techniques, such as the use of ETFs or futures and options, to reduce the Portfolios equity exposure during periods when certain market indicators indicate that market volatility is above specific thresholds set for the Portfolio. When market volatility is increasing above the specific thresholds set for a Portfolio utilizing the EQ volatility management strategy, the adviser of the Portfolio may reduce equity exposure. Although this strategy is intended to reduce the overall risk of investing in the Portfolio, it may not effectively protect the Portfolio from market declines and may increase its losses. Further, during such times, the Portfolios exposure to equity securities may be less than that of a traditional equity portfolio. This may limit the Portfolios participation in market gains and result in periods of underperformance, including those periods when the specified benchmark index is appreciating, but market volatility is high.
The 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 Fund of Fund Portfolios that invest in other Portfolios that use the EQ volatility management strategy, are identified below in the chart by a ✓ under the column entitled Volatility Management.
Portfolios that utilize the EQ volatility management strategy (or, in the case of certain EQ Fund of Fund Portfolios, invest in other Portfolios that use the EQ volatility management strategy) are designed to reduce the overall volatility of your account value and provide you with risk-adjusted returns over time. During rising markets, the EQ volatility management strategy, however, could result in your account value rising less than would have been the case had you been invested in a Portfolio that does not utilize the EQ volatility management strategy or, in the case of the EQ Fund of Fund Portfolios, that invest exclusively in other Portfolios that do not use the volatility management strategy. Conversely, investing in investment options that feature a managed-volatility strategy may be helpful in a declining market when high market volatility triggers a reduction in the investment options equity exposure because during these periods of high volatility, the risk of losses from investing in equity securities may increase. In these instances, your account value may decline less than would have been the case had you not been invested in investment options that feature a volatility management strategy.
Please see the underlying Portfolio prospectuses for more information in general, as well as more information about the EQ volatility management strategy. Please further note that certain other affiliated Portfolios, as well as unaffiliated Portfolios, may utilize volatility management techniques that differ from the EQ volatility management strategy. Any such unaffiliated Portfolio is not identified under Volatility Management below in the chart. Such techniques could also impact your account value in the same manner described above. Please see the Portfolio prospectuses for more information about the Portfolios objective and strategies.
Portfolio allocations in certain of our variable annuity contracts with guaranteed benefits are subject to our Asset Transfer Program (ATP) feature. The ATP helps us manage our financial exposure in connection with providing certain guaranteed benefits, by using predetermined mathematical formulas to move account value between the EQ/Ultra Conservative Strategy Portfolio (an investment option utilized solely by the ATP) and the other Portfolios offered under those contracts. You should be aware that operation of the predetermined mathematical formulas underpinning the ATP has the potential to adversely impact the Portfolios, including their performance, risk profile and expenses. This means that Portfolio investments in contracts with no ATP feature, such as yours, could still be adversely impacted. Particularly during times of high market volatility, if the ATP triggers substantial asset flows into and out of a Portfolio, it could have the following effects on all contract owners invested in that Portfolio:
(a) | By requiring a Portfolio sub-adviser to buy and sell large amounts of securities at inopportune times, a Portfolios investment performance and the ability of the sub-adviser to fully implement the Portfolios 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. |
2
Portfolios of the Trusts
EQ Advisors Trust Portfolio Name |
Share Class | Objective | Investment Adviser (and Sub-Adviser(s), as applicable) |
Volatility Management | ||||
1290 VT CONVERTIBLE SECURITIES |
IB |
Seeks to achieve a total return before expenses that approximates the total return performance of the Bloomberg U.S. Convertible Liquid Bond Index, including reinvestment of dividends, at a risk level consistent with that of the Bloomberg U.S. Convertible Liquid Bond Index. | Equitable Investment Management Group, LLC SSGA Funds Management, Inc. |
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1290 VT DOUBLELINE OPPORTUNISTIC BOND |
IB |
Seeks to maximize current income and total return. | DoubleLine Capital LP Equitable Investment Management Group, LLC |
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1290 VT EQUITY INCOME(++) |
IB |
Seeks a combination of growth and income to achieve an above-average and consistent total return. | Barrow, Hanley, Mewhinney & Strauss LLC d/b/a Barrow Hanley Global Investors Equitable Investment Management Group, LLC |
|||||
1290 VT GAMCO MERGERS & ACQUISITIONS |
IB |
Seeks to achieve capital appreciation. | Equitable Investment Management Group, LLC GAMCO Asset Management, Inc. |
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1290 VT GAMCO SMALL COMPANY VALUE |
IB |
Seeks to maximize capital appreciation. | Equitable Investment Management Group, LLC GAMCO Asset Management, Inc. |
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1290 VT SMALL CAP VALUE |
IB |
Seeks to achieve long-term growth of capital. | BlackRock Investment Management, LLC Equitable Investment Management Group, LLC Horizon Kinetics Asset Management LLC |
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1290 VT SMARTBETA EQUITY ESG |
IB |
Seeks to achieve long-term capital appreciation. | AXA Investment Managers US Inc. Equitable Investment Management Group, LLC |
|||||
1290 VT SOCIALLY RESPONSIBLE |
IB |
Seeks to achieve long-term capital appreciation. | BlackRock Investment Management, LLC Equitable Investment Management Group, LLC |
3
EQ Advisors Trust Portfolio Name |
Share Class | Objective | Investment Adviser (and Sub-Adviser(s), as applicable) |
Volatility Management | ||||
EQ/400 MANAGED VOLATILITY |
IB |
Seeks to achieve long-term growth of capital with an emphasis on risk-adjusted returns and managing volatility in the Portfolio. | AllianceBernstein L.P. BlackRock Investment Management, LLC Equitable Investment Management Group, LLC |
✓ | ||||
EQ/500 MANAGED VOLATILITY |
IB |
Seeks to achieve long-term growth of capital with an emphasis on risk-adjusted returns and managing volatility in the Portfolio. | AllianceBernstein L.P. BlackRock Investment Management, LLC Equitable Investment Management Group, LLC |
✓ | ||||
EQ/2000 MANAGED VOLATILITY |
IB |
Seeks to achieve long-term growth of capital with an emphasis on risk-adjusted returns and managing volatility in the Portfolio. | AllianceBernstein L.P. BlackRock Investment Management, LLC Equitable Investment Management Group, LLC |
✓ | ||||
EQ/AB SMALL CAP GROWTH(++) |
IB | Seeks to achieve long-term growth of capital. | AllianceBernstein L.P. Equitable Investment Management Group, LLC |
|||||
EQ/AGGRESSIVE ALLOCATION(++) |
IB |
Seeks to achieve long-term capital appreciation. | Equitable Investment Management Group, LLC |
✓ | ||||
EQ/ALL ASSET GROWTH ALLOCATION |
IB |
Seeks long-term capital appreciation and current income. | Equitable Investment Management Group, LLC |
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EQ/AMERICAN CENTURY MID CAP VALUE |
IB | Seeks to achieve long-term capital growth. Income is a secondary objective. | American Century Investment Management, Inc. Equitable Investment Management Group, LLC |
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EQ/CAPITAL GROUP RESEARCH |
IB |
Seeks to achieve long-term growth of capital. | Capital International, Inc. Equitable Investment Management Group, LLC |
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EQ/CLEARBRIDGE LARGE CAP GROWTH ESG |
IB |
Seeks to achieve long-term capital growth. | ClearBridge Investments, LLC Equitable Investment Management Group, LLC |
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EQ/COMMON STOCK INDEX |
IA |
Seeks to achieve a total return before expenses that approximates the total return performance of the Russell 3000® Index, including reinvestment of dividends, at a risk level consistent with that of the Russell 3000® Index. | AllianceBernstein L.P. Equitable Investment Management Group, LLC |
4
EQ Advisors Trust Portfolio Name |
Share Class | Objective | Investment Adviser (and Sub-Adviser(s), as applicable) |
Volatility Management | ||||
EQ/CONSERVATIVE ALLOCATION(++) |
IB |
Seeks to achieve a high level of current income. | Equitable Investment Management Group, LLC |
✓ | ||||
EQ/CONSERVATIVE-PLUS ALLOCATION(++) |
IB |
Seeks to achieve current income and growth of capital, with a greater emphasis on current income. | Equitable Investment Management Group, LLC |
✓ | ||||
EQ/CORE BOND INDEX(++) |
IB |
Seeks to achieve a total return before expenses that approximates the total return performance of the Bloomberg U.S. Intermediate Government/Credit Bond Index, including reinvestment of dividends, at a risk level consistent with that of the Bloomberg U.S. Intermediate Government/Credit Bond Index. | Equitable Investment Management Group, LLC SSGA Funds Management, Inc. |
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EQ/CORE PLUS BOND |
IA |
Seeks to achieve high total return through a combination of current income and capital appreciation. | Brandywine Global Investment Management, LLC Equitable Investment Management Group, LLC Loomis, Sayles & Company, L.P. |
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EQ/EQUITY 500 INDEX |
IA |
Seeks to achieve a total return before expenses that approximates the total return performance of the Standard & Poors 500® Composite Stock Index, including reinvestment of dividends, at a risk level consistent with that of the Standard & Poors 500® Composite Stock Index. | AllianceBernstein L.P. Equitable Investment Management Group, LLC |
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EQ/FIDELITY INSTITUTIONAL AM® LARGE CAP |
IB | Seeks to achieve long-term capital appreciation. | Equitable Investment Management Group, LLC FIAM LLC |
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EQ/FRANKLIN RISING DIVIDENDS |
IB | Seeks to achieve long-term capital appreciation. Preservation of capital, while not a goal, is also an important consideration. | Equitable Investment Management Group, LLC Franklin Advisers, Inc. |
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EQ/GLOBAL EQUITY MANAGED VOLATILITY |
IB | Seeks to achieve long-term capital appreciation with an emphasis on risk-adjusted returns and managing volatility in the Portfolio. | BlackRock Investment Management, LLC Equitable Investment Management Group, LLC |
✓ | ||||
EQ/GOLDMAN SACHS MID CAP VALUE |
IB | Seeks to achieve long-term capital appreciation. | Equitable Investment Management Group, LLC Goldman Sachs Asset Management, L.P. |
5
EQ Advisors Trust Portfolio Name |
Share Class | Objective | Investment Adviser (and Sub-Adviser(s), as applicable) |
Volatility Management | ||||
EQ/INTERMEDIATE GOVERNMENT BOND |
IA |
Seeks to achieve a total return before expenses that approximates the total return performance of the Bloomberg U.S. Intermediate Government Bond Index, including reinvestment of dividends, at a risk level consistent with that of the Bloomberg U.S. Intermediate Government Bond Index. | Equitable Investment Management Group, LLC SSgA Funds Management, Inc. |
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EQ/INTERNATIONAL CORE MANAGED VOLATILITY |
IB |
Seeks to achieve long-term growth of capital with an emphasis on risk-adjusted returns and managing volatility in the Portfolio. | BlackRock Investment Management, LLC Equitable Investment Management Group, LLC |
✓ | ||||
EQ/INTERNATIONAL EQUITY INDEX |
IA | Seeks to achieve a total return (before expenses) that approximates the total return performance of a composite index comprised of 40% DJ Euro STOXX 50 Index, 25% FTSE 100 Index, 25% TOPIX Index, and 10% S&P/ASX 200 Index, including reinvestment of dividends, at a risk level consistent with that of the composite index. | AllianceBernstein L.P. Equitable Investment Management Group, LLC |
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EQ/INTERNATIONAL MANAGED VOLATILITY |
IB |
Seeks to achieve long-term growth of capital with an emphasis on risk-adjusted returns and managing volatility in the Portfolio. | AllianceBernstein L.P. BlackRock Investment Management, LLC Equitable Investment Management Group, LLC |
✓ | ||||
EQ/INTERNATIONAL VALUE MANAGED VOLATILITY |
IB |
Seeks to provide current income and long-term growth of income, accompanied by growth of capital with an emphasis on risk-adjusted returns and managing volatility in the Portfolio. | BlackRock Investment Management, LLC Equitable Investment Management Group, LLC Harris Associates LP |
✓ | ||||
EQ/INVESCO COMSTOCK(++) |
IB | Seeks to achieve capital growth and income. | Equitable Investment Management Group, LLC Invesco Advisers, Inc. |
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EQ/INVESCO GLOBAL REAL ASSETS |
IB |
Seeks to achieve total return through growth of capital and current income. | Equitable Investment Management Group, LLC Invesco Advisers, Inc. |
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EQ/JANUS ENTERPRISE(++) |
IB | Seeks to achieve capital growth. | Equitable Investment Management Group, LLC Janus Henderson Investors US LLC |
6
EQ Advisors Trust Portfolio Name |
Share Class | Objective | Investment Adviser (and Sub-Adviser(s), as applicable) |
Volatility Management | ||||
EQ/JPMORGAN GROWTH STOCK |
IB |
Seeks to achieve long-term capital appreciation and secondarily, income. | Equitable Investment Management Group, LLC J.P. Morgan Investment Management Inc. |
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EQ/JPMORGAN VALUE OPPORTUNITIES |
IB | Seeks to achieve long-term capital appreciation. | Equitable Investment Management Group, LLC J.P. Morgan Investment Management Inc. |
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EQ/LARGE CAP CORE MANAGED VOLATILITY |
IB |
Seeks to achieve long-term growth of capital with an emphasis on risk-adjusted returns and managing volatility in the Portfolio. | BlackRock Investment Management, LLC Equitable Investment Management Group, LLC |
✓ | ||||
EQ/LARGE CAP GROWTH INDEX |
IB | Seeks to achieve a total return before expenses that approximates the total return performance of the Russell 1000® Growth Index, including reinvestment of dividends at a risk level consistent with the Russell 1000® Growth Index. | AllianceBernstein L.P. Equitable Investment Management Group, LLC |
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EQ/LARGE CAP GROWTH MANAGED VOLATILITY |
IB |
Seeks to provide long-term capital growth with an emphasis on risk-adjusted returns and managing volatility in the Portfolio. | BlackRock Investment Management, LLC Equitable Investment Management Group, LLC |
✓ | ||||
EQ/LARGE CAP VALUE INDEX(++) |
IB | Seeks to achieve a total return before expenses that approximates the total return performance of the Russell 1000® Value Index, including reinvestment of dividends, at a risk level consistent with that of the Russell 1000® Value Index. | AllianceBernstein L.P. Equitable Investment Management Group, LLC |
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EQ/LARGE CAP VALUE MANAGED VOLATILITY(++) |
IB |
Seeks to achieve long-term growth of capital with an emphasis on risk-adjusted returns and managing volatility in the Portfolio. | AllianceBernstein L.P. Equitable Investment Management Group, LLC |
✓ | ||||
EQ/LAZARD EMERGING MARKETS EQUITY |
IB |
Seeks to achieve long-term capital appreciation. | Equitable Investment Management Group, LLC Lazard Asset Management LLC |
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EQ/LOOMIS SAYLES GROWTH(++) |
IB |
Seeks to achieve capital appreciation. | Equitable Investment Management Group, LLC Loomis, Sayles & Company, L.P. |
7
EQ Advisors Trust Portfolio Name |
Share Class | Objective | Investment Adviser (and Sub-Adviser(s), as applicable) |
Volatility Management | ||||
EQ/MFS INTERNATIONAL GROWTH |
IB |
Seeks to achieve capital appreciation. | Equitable Investment Management Group, LLC Massachusetts Financial Services Company d/b/a MFS Investment Management |
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EQ/MFS INTERNATIONAL INTRINSIC VALUE |
IB |
Seeks to achieve capital appreciation. | Equitable Investment Management Group, LLC Massachusetts Financial Services Company d/b/a MFS Investment Management |
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EQ/MFS MID CAP FOCUSED GROWTH |
IB |
Seeks to provide growth of capital. | Equitable Investment Management Group, LLC Massachusetts Financial Services Company d/b/a MFS Investment Management |
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EQ/MFS TECHNOLOGY |
IB |
Seeks to achieve capital appreciation. | Equitable Investment Management Group, LLC Massachusetts Financial Services Company d/b/a MFS Investment Management |
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EQ/MID CAP INDEX |
IB | Seeks to achieve a total return before expenses that approximates the total return performance of the Standard & Poors MidCap 400® Index, including reinvestment of dividends, at a risk level consistent with that of the Standard & Poors MidCap 400® Index. | AllianceBernstein L.P. Equitable Investment Management Group, LLC |
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EQ/MID CAP VALUE MANAGED VOLATILITY(++) |
IB |
Seeks to achieve long-term capital appreciation with an emphasis on risk-adjusted returns and managing volatility in the Portfolio. | BlackRock Investment Management, LLC Equitable Investment Management Group, LLC |
✓ | ||||
EQ/MODERATE ALLOCATION |
IA |
Seeks to achieve long-term capital appreciation and current income. | Equitable Investment Management Group, LLC |
✓ | ||||
EQ/MODERATE-PLUS ALLOCATION(++) |
IB |
Seeks to achieve long-term capital appreciation and current income, with a greater emphasis on capital appreciation. | Equitable Investment Management Group, LLC |
✓ |
8
EQ Advisors Trust Portfolio Name |
Share Class | Objective | Investment Adviser (and Sub-Adviser(s), as applicable) |
Volatility Management | ||||
EQ/MONEY MARKET(+) |
IA | Seeks to obtain a high level of current income, preserve its assets and maintain liquidity. | Dreyfus, a division of Mellon Investments Corporation Equitable Investment Management Group, LLC |
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EQ/MORGAN STANLEY SMALL CAP GROWTH |
IB |
Seeks to achieve long-term growth of capital. | BlackRock Investment Management, LLC Equitable Investment Management Group, LLC Morgan Stanley Investment Management Inc |
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EQ/PIMCO REAL RETURN |
IB |
Seeks to achieve maximum real return, consistent with preservation of capital and prudent investment management. | Equitable Investment Management Group, LLC Pacific Investment Management Company LLC |
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EQ/PIMCO TOTAL RETURN ESG |
IB |
Seeks to achieve maximum total return, consistent with preservation of capital and prudent investment management. | Equitable Investment Management Group, LLC Pacific Investment Management Company LLC |
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EQ/PIMCO ULTRA SHORT BOND(++) |
IB |
Seeks to generate a return in excess of traditional money market products while maintaining an emphasis on preservation of capital and liquidity. | Equitable Investment Management Group, LLC Pacific Investment Management Company LLC |
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EQ/QUALITY BOND PLUS |
IA |
Seeks to achieve high current income consistent with moderate risk to capital. | AllianceBernstein L.P. Equitable Investment Management Group, LLC Pacific Investment Management Company LLC |
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EQ/SMALL COMPANY INDEX(++) |
IB |
Seeks to replicate as closely as possible (before expenses) the total return of the Russell 2000® Index. | AllianceBernstein L.P. Equitable Investment Management Group, LLC |
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EQ/VALUE EQUITY |
IB |
Seeks to achieve capital appreciation. | Aristotle Capital Management, LLC Equitable Investment Management Group, LLC |
9
EQ Advisors Trust Portfolio Name |
Share Class | Objective | Investment Adviser (and Sub-Adviser(s), as applicable) |
Volatility Management | ||||
EQ/WELLINGTON ENERGY |
IB |
Seeks to provide capital growth and appreciation. | Equitable Investment Management Group, LLC Wellington Management Company LLP |
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EQUITABLE CONSERVATIVE GROWTH MF/ETF |
IB |
Seeks to achieve total return from long-term capital appreciation and income. | Equitable Investment Management Group, LLC |
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MULTIMANAGER AGGRESSIVE EQUITY |
IA |
Seeks to achieve long-term growth of capital. | AllianceBernstein L.P. Equitable Investment Management Group, LLC |
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MULTIMANAGER CORE BOND |
IB |
Seeks to achieve a balance of high current income and capital appreciation, consistent with a prudent level of risk. | BlackRock Financial Management, Inc. DoubleLine Capital LP Equitable Investment Management Group, LLC Pacific Investment Management Company LLC SSGA Funds Management, Inc. |
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MULTIMANAGER TECHNOLOGY |
IB |
Seeks to achieve long-term growth of capital. | AllianceBernstein L.P. Equitable Investment Management Group, LLC FIAM LLC Wellington Management Company, LLP |
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TARGET 2025 ALLOCATION |
IB |
Seeks the highest total return over time consistent with its asset mix. Total return includes capital growth and income. | Equitable Investment Management Group, LLC |
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TARGET 2035 ALLOCATION |
IB |
Seeks the highest total return over time consistent with its asset mix. Total return includes capital growth and income. | Equitable Investment Management Group, LLC |
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TARGET 2045 ALLOCATION |
IB |
Seeks the highest total return over time consistent with its asset mix. Total return includes capital growth and income. | Equitable Investment Management Group, LLC |
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TARGET 2055 ALLOCATION |
IB |
Seeks the highest total return over time consistent with its asset mix. Total return includes capital growth and income. | Equitable Investment Management Group, LLC |
10
AIM Variable Insurance Funds (Invesco Variable Insurance Funds) Series II Portfolio Name |
Objective | Investment Adviser (and Sub-Adviser(s), as applicable) | ||
INVESCO V.I. MAIN STREET MID CAP FUND® |
The funds investment objective is long-term growth of capital. |
Invesco Advisers, Inc. | ||
INVESCO V.I. SMALL CAP EQUITY FUND |
The funds investment objective is long-term growth of capital. | Invesco Advisers, Inc. |
American Funds Insurance
Series® Class 4 Portfolio Name |
Objective | Investment Adviser (and Sub-Adviser(s), as applicable) | ||
GLOBAL SMALL CAPITALIZATION FUND |
The funds investment objective is to provide long-term growth of capital. | Capital Research and Management CompanySM | ||
NEW WORLD FUND® |
The funds investment objective is long-term capital appreciation. | Capital Research and Management CompanySM | ||
Delaware VIP® Trust Class
II Portfolio Name |
Objective | Investment Adviser (and Sub-Adviser(s), as applicable) | ||
MACQUARIE VIP HIGH INCOME SERIES(+++) |
Seeks to provide total return through a combination of high current income and capital appreciation. | Delaware Management Company Sub-Adviser: Macquarie Investment Management Austria Kapitalanlage AG Sub-Adviser: Macquarie Investment Management Europe Limited Sub-Adviser: Macquarie Investment Management Global Limited | ||
Fidelity ® Variable
Insurance Products (VIP) Service Class 2 Portfolio Name |
Objective | Investment Adviser (and Sub-Adviser(s), as applicable | ||
FIDELITY® VIP GROWTH & INCOME PORTFOLIO |
The fund seeks high total return through a combination of current income and capital appreciation. | Fidelity Management & Research Company (FMR) | ||
Fidelity® Variable
Insurance Products (VIP) Service Class 2 Portfolio Name |
Objective | Investment Adviser (and Sub-Adviser(s), as applicable) | ||
FIDELITY® VIP MID CAP PORTFOLIO |
The fund seeks long-term growth of capital. | Fidelity Management & Research Company (FMR) | ||
Franklin Templeton Variable Insurance Products Trust Class 2 Portfolio Name |
Objective | Investment Adviser (and Sub-Adviser(s), as applicable) | ||
FRANKLIN SMALL CAP VALUE VIP FUND |
Seeks long-term total return by investing at least 80% of its net assets in the equity securities of small companies. | Franklin Mutual Advisers, LLC | ||
TEMPLETON DEVELOPING MARKETS VIP FUND |
Seeks long-term capital appreciation by investing at least 80% of its net assets in securities of developing market countries. | Templeton Asset Management Ltd. | ||
TEMPLETON GLOBAL BOND VIP FUND |
Seeks high current income, consistent with preservation of capital. Capital appreciation is a secondary consideration. | Franklin Advisers, Inc. |
MFS® Variable Insurance
Trusts Service Class Portfolio Name |
Objective | Investment Adviser (and Sub-Adviser(s), as applicable) | ||
MFS® INVESTORS TRUST SERIES |
The funds investment objective is to seek capital appreciation. | Massachusetts Financial Services Company | ||
MFS® MASSACHUSETTS INVESTORS GROWTH STOCK PORTFOLIO |
The funds investment objective is to seek capital appreciation. | Massachusetts Financial Services Company |
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PIMCO Variable Insurance Trust Advisor Class Portfolio Name |
Objective | Investment Adviser (and Sub-Adviser(s), as applicable) | ||
PIMCO COMMODITYREALRETURN® STRATEGY PORTFOLIO |
Seeks maximum real return consistent with prudent investment management. | Pacific Investment Management Company LLC |
T. Rowe Price Equity Series, Inc. Service Class Portfolio Name |
Objective | Investment Adviser (and Sub-Adviser(s), as applicable) | ||
T. ROWE PRICE EQUITY INCOME PORTFOLIO - II |
Seeks a high level of dividend income and long-term capital growth primarily through investments in stocks. | T. Rowe Price Associates, Inc. |
VanEck VIP Trust Service Class Portfolio Name |
Objective | Investment Adviser (and Sub-Adviser(s), as applicable) | ||
VANECK VIP GLOBAL RESOURCES FUND |
Seeks long-term capital appreciation by investing primarily in global resource securities. Income is a secondary consideration. | Van Eck Associates Corporation |
(+) | The Portfolio operates as a government money market fund. The Portfolio will invest at least 99.5% of its total assets in U.S. government securities, cash, and/or repurchase agreements that are fully collateralized by U.S. government securities or cash. |
(++) | As of June 22, 2024, for this Portfolio only, we combined Class IA shares into Class IB shares. |
(+++) | This is the variable investment options new name. The variable investment options 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 Supplement. |
You should consider the investment objectives, risks, and charges and expenses of the portfolios carefully before investing. The prospectuses for the Trusts contain this and other important information about the portfolios. The prospectuses should be read carefully before investing. In order to obtain copies of the Trust prospectuses that do not accompany this Supplement, you may call one of our customer service representatives at 1-800-777-6510 (for U.S. residents) or 1-704-341-7000 (outside of the U.S.).
(1) About the Trusts. The Trusts are registered under the Investment Company Act of 1940. They are classified as open-end management investment companies, more commonly called mutual funds. Each Trust issues different shares relating to each Portfolio.
The Trusts do not impose sales charges or loads for buying and selling their shares. All dividends and other distributions on the Trusts shares are reinvested in full. The Board of Trustees of each Trust serves for the benefit of each Trusts shareholders. The Board of Trustees may take many actions regarding the Portfolios (for example, the Board of Trustees can establish additional Portfolios or eliminate existing Portfolios; change Portfolio investment objectives; and change Portfolio investment policies and strategies). In accordance with applicable law, certain of these changes may be implemented without a shareholder vote and, in certain instances, without advanced notice. More detailed information about certain actions subject to notice and shareholder vote for each Trust, and other information about the Portfolios, including portfolio investment objectives, policies, restrictions, risks, expenses, its Rule 12b-1 plan and other aspects of its operations, appears in the prospectuses for each Trust, which generally accompany this Supplement, or in their respective SAIs, which are available upon request.
(2) SPECIAL SERVICES CHARGES. We will deduct a charge for providing certain special services. The charge for each special service will apply at the time you request the service. The charges compensate us for the expense of processing each special service. For certain services, we will deduct from your account value any withdrawal charge that applies and the charge for the special service. We reserve the right to discontinue some or all of these services without notice. Please note that not all special services are available for all policies. If you need additional information about the services, please contact us.
Wire transfer charge. We charge $90 for outgoing wire transfers. Unless you specify otherwise, this charge will be deducted from the amount you request.
Express mail charge. We charge $35 for sending you a check by express mail delivery. This charge will be deducted from the amount you request.
Policy illustration charge. We do not charge for illustrations. We reserve the right to charge in the future.
Duplicate policy/contract charge. We charge $35 for providing a copy of your policy or contract. The charge for this service can be paid (i) using a credit card acceptable to us, (ii) by sending a check to our Processing Office, or (iii) by any other means we make available to you.
Policy history charge. We charge a maximum of $50 for providing you a history of policy transactions. If you request a policy history of less than 5 years from the date of your request, there is no charge. If you request a policy history of more than 5 years but less than 10 years from the date of your request, the current charge is $25. For policy histories of 10 years or more, the charge is $50. For all policy histories, we reserve the right to charge a maximum of $50. The charge for this service can be paid (i) using a credit card acceptable to us, (ii) by sending a check to our Processing Office, or (iii) by any other means we make available to you.
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Charge for returned payments. For each payment you make in connection with your policy that is returned for insufficient funds, we will charge a maximum of $25.
(3) MANAGING YOUR ALLOCATIONS. The policy is between you and the Company. The policy is not an investment advisory account, and the Company is not providing any investment advice or managing the allocations under your policy. In the absence of a specific written arrangement to the contrary, you, as the owner of the policy, have the sole authority to make investment allocations and other decisions under the policy. If your policy is sold by a financial professional of Equitable Advisors, your financial professional is acting as a broker-dealer registered representative, and is not authorized to act as an investment advisor or to manage the allocations under your policy. If your financial professional is a registered representative with a broker-dealer other than Equitable Advisors, you should speak with him/her regarding any different arrangements that may apply.
(4) INVESTMENT PORTFOLIOS. Your policy offers the investment portfolios listed in the table above, along with the Guaranteed Interest Option. In addition to the other charges we make under your policy, you also bear your proportionate share of all fees and expenses paid by a Portfolio that corresponds to any variable investment option you are using. This table shows the lowest and highest total operating expenses currently charged by any of the Portfolios that you will pay periodically during the time that you own the policy. These fees and expenses are reflected in the Portfolios net asset value each day. Therefore, they reduce the investment return of the Portfolio and the related variable investment option. Actual fees and expenses are likely to fluctuate from year to year. More detail concerning each Portfolios fees and expenses is contained in the Trust prospectus for that Portfolio.
Portfolio operating expenses expressed as an annual percentage of daily net assets | ||||
Total Annual Portfolio Operating Expenses (expenses that are deducted from Portfolio assets including management fees, 12b-1 fees, service fees and/or other expenses)(1) | Lowest 0.57% |
Highest 2.60% |
(1) | Total Annual Portfolio Operating Expenses may be based, in part, on estimated amounts of such expenses. Pursuant to a contract, Equitable Investment Management Group, LLC has agreed to make payments or waive its management, administrative and other fees to limit the expenses of certain affiliated Portfolios through April 30, 2025 (Expense Limitation Arrangement) (unless the Trusts Board of Trustees consents to an earlier revision or termination of this agreement). The Expense Limitation Arrangement may be terminated by Equitable Investment Management Group, LLC at any time after April 30, 2025. The range of expenses in the table above does not include the effect of any Expense Limitation Arrangement. The range of expense in the table below includes the effect of the Expense Limitation Arrangements. |
Portfolio operating expenses expressed as an annual percentage of daily net assets | ||||
Total Annual Portfolio Operating Expenses after the effect of Expense Limitation Arrangements(*) | Lowest 0.54% |
Highest 2.26% |
(*) | Total Annual Portfolio Operating Expenses may be based, in part, on estimated amounts of such expenses. |
(5) THE COMPANY. Equitable Financial Life Insurance Company is a New York stock life insurance corporation doing business since 1859 with its home office located at 1345 Avenue of the Americas, New York, NY 10105. We are an indirect wholly owned subsidiary of Equitable Holdings, Inc.
We are licensed to sell life insurance and annuities in all 50 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands. 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 the policy.
(6) HOW TO REACH US. To obtain (1) any forms you need for communicating with us, (2) unit values and other values under your policy, and (3) any other information or materials that we provide in connection with your policy or the Portfolios, you may communicate with our Administrative Office as listed below for the purposes described. For information regarding effective dates for processing telephone, Internet and fax requests, please see your prospectus.
By mail:
At the Post Office Box for our Administrative Office:
Equitable Financial Life Insurance Company Life Operations Center
P.O. Box 1047
Charlotte, North Carolina 28201-1047
By express delivery only:
At the Street Address for our Administrative Office:
Equitable Financial Life Insurance Company Life Operations Center
8501 IBM Drive, Suite 150
Charlotte, North Carolina 28262-4333
1-704-341-7000 (for express delivery purposes only)
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By Phone:
Monday through Thursday, 8:30 am to 7:00 pm and Friday, 8:30 am to 5:30 pm, Eastern Time: 1-800-777-6510 (for U.S. residents) or 1-704-341-7000 (outside of the U.S.).
By e-mail:
life-service@equitable.com
By fax:
1-855-268-6378
By Internet:
Visit our website at www.equitable.com. Our Website provides access to account information and customer service. After, registering, you can view account details, perform certain transactions, print customer service forms and find answers to common questions.
Required Forms. We require that the following types of communications be on specific forms we provide for that purpose:
(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); and |
(4) | designation of new policy owner(s) and beneficiaries. |
Other Requests. We also have specific forms that we recommend you use for the following:
(a) | policy surrenders; |
(b) | transfers among investment options (not submitted by e-mail); and |
(c) | changes in allocation percentages for premiums and deductions. |
You can also change your allocation percentages, transfer among investment options and/or change your address (1) by phone, (2) over the Internet, through www.equitable.com or (3) by writing our Administrative Office. For more information please see your prospectus. In the future, we may require that certain requests be completed over the Internet.
Certain methods of contacting us, such as by telephone or electronically, may be unavailable or delayed (for example our fax service may not be available at all times and/or we may be unavailable due to emergency closing). In addition, the level and type of service available may be restricted based on criteria established by us.
We reserve the right to limit access to these services if we determine that you are engaged in a disruptive transfer activity, such as market timing.
Any telephone, Internet or fax transaction request that is not completed by the close of a business day (which is usually 4:00 p.m. Eastern Time) will be processed as of the next business day. During times of extreme market activity, or for other reasons, you may be unable to contact us to make a telephone or Internet request. If this occurs, you should submit a written transaction request to our Administrative Office. We reserve the right to discontinue telephone or Internet transactions, or modify the procedures and conditions for such transactions, without notifying you, at any time.
Formal Requirements. Except for properly authorized telephone or Internet transactions, any notice or request that does not use our standard form must be in writing. It must be dated and signed by you and should also specify your name, title (if applicable), the insured persons name (if different), your policy number and adequate details about the notice you wish to give or other action you wish us to take. We may require you to return your policy to us before we make certain policy changes that you may request.
The proper person to sign forms, notices and requests would normally be the owner or any other person that our procedures permit to exercise the right or privilege in question. If there are joint owners all must sign. Any irrevocable beneficiary or assignee that we have on our records also must sign certain types of requests.
You should send all requests, notices and payments to our Administrative Office at the addresses specified above. We will also accept requests and notices by fax at the above number, if we believe them to be genuine. We reserve the right, however, to require an original signature before acting on any faxed item. You must send premium payments after the first one to our Administrative Office at the above addresses; except that you should send any premiums for which we have billed you to the address on the billing notice.
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Our asset rebalancing service. You may wish to have us periodically redistribute the amounts you have in our variable investment options so that the relative amount of your policy account value in each variable option is restored to an asset allocation that you select. You can accomplish this automatically through our asset rebalancing service. The rebalancing may be at quarterly, semiannual, or annual intervals.
You may specify asset allocation percentages for all available variable investment options up to a maximum of 50. The allocation percentage you specify for each variable investment option selected must be at least 2% (whole percentages only) of the total value you hold under the variable investment options, and the sum of the percentages must equal 100%. You may not simultaneously participate in the asset rebalancing service and the automatic transfer service.
You may request the asset rebalancing service in your policy application or at any later time by completing our enrollment form. You may elect or terminate the rebalancing program at any time. You may also change your allocations under the program at any time. Once enrolled in the rebalancing program, it will remain in effect until you instruct us in writing to terminate the program. Requesting an investment option transfer while enrolled in our rebalancing program will not automatically change your allocation instructions for rebalancing your account value. This means that upon the next scheduled rebalancing, we will transfer amounts among your investment options pursuant to the allocation instructions previously on file for your program. Changes to your allocation instructions for the rebalancing program (or termination of your enrollment in the program) must be in writing and sent to our Administrative Office.
We will not deduct a transfer charge for any transfer made in connection with our asset rebalancing service. Certain investment options, such as the guaranteed interest option, are not available investment options with the asset rebalancing service.
(7) INFORMATION PERTAINING TO THE GUARANTEED INTEREST OPTION*. As described in your prospectus, your policy permits you to transfer a limited amount of your policys account value out of the guaranteed interest option (GIO) during certain time periods (the GIO Transfer Period). We are relaxing our policy rules so that, beginning on the business day after the Allocation Date and thereafter you may transfer any amount of unloaned policy account value out of the guaranteed interest option to any other investment option whether or not you are within the GIO Transfer Period until further notice. If we decide to change our limitations on transfers out of the guaranteed interest option, we will provide you with notice of at least 30 days.
You can request a transfer via the Internet by visiting our website at www.equitable.com and registering for online account access. If you need assistance, please contact a customer service representative by calling 1-800-777-6510. You can also write to us at our Administrative Office. In general, transfers take effect on the date the request is received. However, any written, telephone, Internet or facsimile transaction requests received after 4:00 p.m. (Eastern time) take effect the next business day until further notice.
Please note that this offer does not apply to any amounts that we are holding as collateral for a policy loan or as restricted amounts as a result of your election to receive a living benefit, if available under your policy. In addition, if you elect to transfer account value to the Market Stabilizer Option® (MSO), if available under your policy, there must be sufficient funds remaining in the GIO to cover the applicable MSO charges. Finally, depending on your policy, there may be a charge for making this transfer. Your prospectus will specify if your policy imposes a charge for this transfer.
* | The guaranteed interest option is part of what your policy and other supplemental material may refer to as the Guaranteed Interest Account or Guaranteed Interest Division. |
(8) DISRUPTIVE TRANSFER ACTIVITY. You should note that the policy is not designed for professional market timing organizations, or other organizations or individuals engaging in a market timing strategy. The policy is not designed to accommodate programmed transfers, frequent transfers or transfers that are large in relation to the total assets of the underlying portfolio.
Frequent transfers, including market timing and other program trading or short-term trading strategies, may be disruptive to the underlying portfolios in which the variable investment options invest. Disruptive transfer activity may adversely affect performance and the interests of long-term investors by requiring a portfolio to maintain larger amounts of cash or to liquidate portfolio holdings at a disadvantageous time or price. For example, when market timing occurs, a portfolio may have to sell its holdings to have the cash necessary to redeem the market timers investment. This can happen when it is not advantageous to sell any securities, so the portfolios performance may be hurt. When large dollar amounts are involved, market timing can also make it difficult to use long-term investment strategies because a portfolio cannot predict how much cash it will have to invest. In addition, disruptive transfers or purchases and redemptions of portfolio investments may impede efficient portfolio management and impose increased transaction costs, such as brokerage costs, by requiring the portfolio manager to effect more frequent purchases and sales of portfolio securities. Similarly, a portfolio may bear increased administrative costs as a result of the asset level and investment volatility that accompanies patterns of excessive or short-term trading. Portfolios that invest a significant portion of their assets in foreign securities or the securities of small-and mid-capitalization companies tend to be subject to the risks associated with market timing and short-term trading strategies to a greater extent than portfolios that do not. Securities trading in overseas markets present time zone arbitrage opportunities when events affecting portfolio securities values occur after the close of the overseas market but prior to the close of the U.S. markets. Securities of small-and mid-capitalization companies present arbitrage opportunities because the market for such securities may be less liquid than the
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market for securities of larger companies, which could result in pricing inefficiencies. Please see the prospectuses for the underlying portfolios for more information on how portfolio shares are priced.
We currently use the procedures described below to discourage disruptive transfer activity. You should understand, however, that these procedures are subject to the following limitations: (1) they primarily rely on the policies and procedures implemented by the underlying portfolios; (2) they do not eliminate the possibility that disruptive transfer activity, including market timing, will occur or that portfolio performance will be affected by such activity; and (3) the design of market timing procedures involves inherently subjective judgments, which we seek to make in a fair and reasonable manner consistent with the interests of all policy owners.
We offer investment options with underlying portfolios that are part of EQ Advisors Trust (the affiliated trust), as well as investment options with underlying portfolios of outside trusts with which the Company has entered participation agreements (the unaffiliated trusts and, collectively with the affiliated trust, the trusts). The affiliated trust has adopted policies and procedures regarding disruptive transfer activity. They discourage frequent purchases and redemptions of portfolio shares and will not make special arrangements to accommodate such transactions. They aggregate inflows and outflows for each portfolio on a daily basis. On any day when a portfolios net inflows or outflows exceed an established monitoring threshold, the affiliated trust obtains from us policy owner trading activity. The affiliated trust currently considers transfers into and out of (or vice versa) the same variable investment option within a five business day period as potentially disruptive transfer activity.
When a policy is identified in connection with potentially disruptive transfer activity for the first time, a letter is sent to the policy owner explaining that the Company has a policy against disruptive transfer activity and that if such activity continues, certain transfer privileges may be eliminated. If and when the policy owner is identified a second time as engaged in potentially disruptive transfer activity under the policy, we currently prohibit the use of voice, fax and automated transaction services. We currently apply such action for the remaining life of each affected policy. We or a trust may change the definition of potentially disruptive transfer activity, the monitoring procedures and thresholds, any notification procedures, and the procedures to restrict this activity. Any new or revised policies and procedures will apply to all policy owners uniformly. We do not permit exceptions to our policies restricting disruptive transfer activity.
Each unaffiliated trust may have its own policies and procedures regarding disruptive transfer activity. If an unaffiliated trust advises us that there may be disruptive activity from one of our policy owners, we will work with the unaffiliated trust to review policy owner trading activity. Each trust reserves the right to reject a transfer that it believes, in its sole discretion, is disruptive (or potentially disruptive) to the management of one of its portfolios. Please see the prospectuses for the trusts for more information.
It is possible that a trust may impose a redemption fee designed to discourage frequent or disruptive trading by policy owners. As of the date of this Supplement, the trusts had not implemented such a fee. If a redemption fee is implemented by a trust, that fee, like any other trust fee, will be borne by the policy owner.
Policy owners should note that it is not always possible for us and the underlying trusts to identify and prevent disruptive transfer activity. In addition, because we do not monitor for all frequent trading at the separate account level, policy owners may engage in frequent trading which may not be detected, for example, due to low net inflows or outflows on the particular day(s). Therefore, no assurance can be given that we or the trusts will successfully impose restrictions on all potentially disruptive transfers. Because there is no guarantee that disruptive trading will be stopped, some policy owners may be treated differently than others, resulting in the risk that some policy owners may be able to engage in frequent transfer activity while others will bear the effect of that frequent transfer activity. The potential effects of frequent transfer activity are discussed above.
(9) TAX INFORMATION.
Policy loans. Policy loans can cause taxable income upon the termination of a policy with no cash payout. In the case of a surrender, the loan amount is taken into account in determining any taxable amount and such income can also exceed the payment received. These events can occur from potential situations which include: (1) amount of outstanding policy debt (loans taken plus unpaid interest amounts added to the outstanding loan) at or near the maximum loan value; (2) unfavorable investment results affecting your policy account value; (3) increasing monthly policy charges due to increasing attained ages of the insured; (4) high or increasing amount of insurance risk, depending on death benefit option and changing account value; and (5) increasing policy loan rates if an adjustable policy loan rate is in effect.
Ideally, a policy loan will be paid from income tax free death benefit proceeds if your policy is kept in force until the death of the insured. To avoid policy terminations that may give rise to significant income tax liability, you may need to make substantial premium payments or loan repayments to keep your policy in force.
You can reduce the likelihood that these situations will occur by considering these risks before taking a policy loan. If you take a policy loan, you should monitor the status of your policy with your financial representative and your tax advisor at least annu-
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ally, and take appropriate preventative action. In the case of a policy that is a modified endowment contract (MEC), any loan will be treated as a distribution when made, and thus may be taxable at such time.
Policy changes. Changes made to a life insurance policy, for example, a decrease in benefits, a death benefit option change, or the termination or restoration of a terminated policy, may have other effects on your policy, including impacting the maximum amount of premiums that can be paid under the policy. In some cases, this may cause us to take action in order to assure your policy continues to qualify as life insurance, including distribution of amounts that may be includable as income. This action may be required under the tax law even though the policy may not be sufficiently funded to keep it in force for a desired duration. In some cases, premium payments for a policy year could be limited to the amount needed to keep the policy in force until the end of the policy year. You should carefully go over the implications of any policy changes with your advisor before making a change.
3.8% Tax on Net Investment Income or NII. The 3.8% tax on certain unearned income of taxpayers whose adjusted incomes exceed certain thresholds applies to all or part of a taxpayers NII. As currently interpreted under IRS guidelines, NII includes the taxable portion of an annuitized payment from a life insurance contract. It has not been defined to include taxable amounts from partial withdrawals, surrenders or lapses of life insurance policies subject to loans. You should consult your tax advisor as to the applicability of this tax to you.
Tax withholding and information reporting
Status for income tax purposes; FATCA. In order for us to comply with income tax withholding and information reporting rules which may apply to life insurance policies, we request documentation of status for tax purposes. Status for tax purposes generally means whether a person is a U S. person or a foreign person with respect to the United States; whether a person is an individual or an entity, and if an entity, the type of entity. Status for tax purposes is best documented on the appropriate IRS Form or substitute certification form (IRS Form W-9 for a U.S. person or the appropriate type of IRS Form W-8 for a foreign person). If we do not have appropriate certification or documentation of a persons status for tax purposes on file, it could affect the rate at which we are required to withhold income tax, and penalties could apply. Information reporting rules could apply not only to specified transactions, but also to life insurance policy ownership. For example, under the Foreign Account Tax Compliance Act (FATCA), which applies to certain U.S.-source payments, and similar or related withholding and information reporting rules, we may be required to report policy values and other information for certain policyholders. For this reason, we and our affiliates intend to require appropriate status documentation at purchase, change of ownership, and affected payment transactions, including death benefit payments. FATCA and its related guidance is extraordinarily complex and its effect varies considerably by type of payor, type of payee and type of recipient.
Special withholding rules apply to United States citizens residing outside of the United States, foreign recipients, and certain U.S. entity recipients which are treated as foreign because they fail to document their U.S. status before payment is made. We do not discuss these rules here in detail. However, we may require additional documentation in the case of payments made to United States persons living abroad and non-United States persons (including U.S. entities treated as foreign) prior to processing any requested transaction.
We anticipate requiring owners or beneficiaries of annuity contracts in Puerto Rico which are not individuals to document their status to avoid 30% FATCA withholding from U.S.-source income.
(10) CUSTOMER LOYALTY CREDIT. We provide a monthly Customer Loyalty Credit (CLC) at an annual rate of 0.10% on a current (non-guaranteed) basis. The Customer Loyalty Credit reduces the total monthly deductions and is calculated as a percent of the unloaned account value, not including any value in the GIO or MSO segments, if applicable.
Incentive Life® policies only. Certain Incentive Life® policyholders are eligible for an additional non-guaranteed customer loyalty credit (introduced in 2001) if their policy has been in force for at least 20 years and has a face value of $500,000 or more. Starting on policy anniversaries that fall on or after April 1, 2015, this credit is calculated as a percentage of the total of (a) minus (b), where:
(a) equals your unloaned Policy Account Value on the customer loyalty credit calculation date; and
(b) equals any portion of your unloaned Policy Account Value invested in GIO on the customer loyalty credit calculation date. However, if on that date the interest rate that we are paying on amounts invested in the GIO is greater than the minimum guaranteed interest rate of 4.50% per annum, (b) equals zero.
Special Offer Policies only. As of 2015, certain policies may be eligible for an additional non-guaranteed Customer Loyalty Credit that we will credit annually (Additional CLC). The Additional CLC will be an amount of up to 0.25% of the unloaned Policy Account Value, not including any value in the Guaranteed Interest Option (GIO), as of the close of the last business day in June each year (the Valuation Date) for policies in a group of policies that satisfies the eligibility requirements described below.
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Eligibility requirements. On any Valuation Date, a group of policies must meet all of the following conditions to be eligible for the Additional CLC:
1. | Each policy in the group has been in force for at least 20 years. |
2. | Each policy in the group must have been issued in a state other than New York. |
3. | Each policy in the group is owned by the same corporate employer and the group of policies has: |
(a) an aggregate Policy Account Value of at least $10 million,
(b) a ratio of aggregate Policy Account Value to aggregate Face Value of at least 100%.
For each Valuation Date on which a group of policies satisfies the Additional CLC eligibility requirements, we will credit the Policy Account Value of each policy within the group with the Additional CLC amount on a business day that falls on or before the end of July following the Valuation Date (the Crediting Date). The Additional CLC amount for each such policy will be allocated among the Separate Account divisions and/or GIO in accordance with that policys premium allocation instructions on file with us on the Crediting Date.
Please note that policies eligible for the Additional CLC will not participate in any investment results or credited interest on the Additional CLC amount between the Valuation Date and the Crediting Date.
If a policy qualifies for an Additional CLC on a Valuation Date but is then terminated prior to the next Crediting Date, we will credit the policy with the Additional CLC amount on the effective termination date of that policy.
(11) COST OF INSURANCE CHARGE REDUCTION (Incentive Life® Plus, Incentive Life® 2000 and Champion 2000SM only). Starting on policy anniversaries that fall on or after April 1, 2015, the amount of the reduction in your monthly cost of insurance charge will be calculated as a percentage of the total of (a) minus (b), where:
(a) equals your unloaned Policy Account Value on the date the monthly cost of insurance charges are assessed; and
(b) equals any portion of your unloaned Policy Account Value invested in your policys GIO on the date the monthly cost of insurance charges are assessed. However, if on that date the interest rate that we are paying on amounts invested in the GIO is greater than the minimum guaranteed interest rate of 4.00% per annum, (b) equals zero.
Please note that if your Incentive Life Plus® policy was issued in New York, this change may not apply.
(12) MATURITY (For all variable life insurance policies except Champion 2000). If the insured person is still living on the policy anniversary closest to the policy maturity date (which may be called the Final Policy Date in your policy), we will pay you the policys account value on that date reduced by any outstanding loan, by unpaid loan interest, and by any amounts of the account value that are restricted as a result of previously distributed living benefits. The policy will then terminate. You may elect to add the Coverage Continuation Rider to your policy during the six month period prior to your policys maturity date. The rider, if elected, will allow the policy to be kept in force until the insureds death, subject to the policys loan provisions. We will notify you about the rider and any other maturity options that are available with your policy approximately six months prior to your policys maturity date. There is no charge to add the rider to your policy.
It is unclear how deferring maturity of a policy beyond the original maturity date will be viewed by the IRS. Specifically, the IRS has not ruled on the tax consequences of this type of rider, including whether or not the policy will continue to qualify as life insurance. You should consult with your tax advisor as to the possible tax consequences of adding the rider and any taxation of any future benefits provided under the policy.
(13) COVID-19. The COVID-19 pandemic has negatively impacted the U.S. and global economies. A wide variety of factors continue to impact financial and economic conditions, including, among others, volatility in the financial markets, rising inflation rates, supply chain disruptions, continued low interest rates and changes in fiscal or monetary policy. Efforts to prevent the spread of COVID-19 have affected our business directly in a number of ways, including through the temporary closures of many businesses and schools and the institution of social distancing requirements in many states and local communities. Businesses or schools that have reopened have restricted or limited access for the foreseeable future and may do so on a permanent or episodic basis. As a result, our ability to sell products through our regular channels and the demand for our products and services has been significantly impacted.
While we have implemented risk management and contingency plans with respect to the COVID-19 pandemic, such measures may not adequately protect our business from the full impacts of the pandemic. Currently, most of our employees and advisors are continuing to work remotely. Extended periods of remote work arrangements could introduce additional operational risk including, but not limited to, cybersecurity risks, and impair our ability to effectively manage our business. We also outsource a variety of functions to third parties whose business continuity strategies are largely outside our control.
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Economic uncertainty resulting from the COVID-19 pandemic may have an adverse effect on product sales and result in existing policyholders withdrawing at greater rates. COVID-19 could have an adverse effect on our insurance business due to increased mortality and morbidity rates. The cost of reinsurance to us for these policies could increase, and we may encounter decreased availability of such reinsurance. If policyholder lapse and surrender rates or premium waivers significantly exceed our expectations, we may need to change our assumptions, models or reserves.
Our investment portfolio has been, and may continue to be, adversely affected by the COVID-19 pandemic. Our investments in mortgages and commercial mortgage-backed securities have been, and could continue to be, negatively affected by delays or failures of borrowers to make payments of principal and interest when due. In some jurisdictions, local governments have imposed delays or moratoriums on many forms of enforcement actions. Furthermore, declines in equity markets and interest rates, reduced liquidity or a continued slowdown in the U.S. or in global economic conditions may also adversely affect the values and cash flows of investments. Market volatility also caused significant increases in credit spreads, and any continued volatility may increase our borrowing costs and decrease product fee income. Further, severe market volatility may leave us unable to react to market events in a prudent manner consistent with our historical investment practices.
The extent of the COVID-19 pandemics impact on us will depend on future developments that are still highly uncertain, including the severity and duration of the pandemic, actions taken by governments and other third parties in response to the pandemic and the availability and efficacy of vaccines against COVID-19 and its variants.
(14) CYBERSECURITY RISKS AND CATASTROPHIC EVENTS We rely heavily on interconnected computer systems and digital data to conduct our variable life insurance product business. Because our variable life insurance product business is highly dependent upon the effective operation of our computer systems and those of our business partners, our business is vulnerable to disruptions from utility outages, and susceptible to operational and information security risks resulting from information systems failure (e.g., hardware and software malfunctions), and cyberattacks. These risks include, among other things, the theft, misuse, corruption and destruction of data maintained online or digitally, interference with or denial of service, attacks on websites and other operational disruption and unauthorized use or abuse of confidential customer information. Systems failures and cyberattacks, as well as, any other catastrophic event, including natural and manmade disasters, public health emergencies, pandemic diseases, terrorist attacks, floods or severe storms affecting us, any third-party administrator, the underlying funds, intermediaries and other affiliated or third-party service providers may adversely affect us, our business operations and your account value. Systems failures and cyberattacks may also interfere with our processing of policy transactions, including the processing of orders from our website or with the underlying funds, impact our ability to calculate account values, cause the release and possible destruction of confidential customer or business information, impede order processing, subject us and/or our service providers and intermediaries to regulatory fines and financial losses and/or cause reputational damage. In addition, the occurrence of any pandemic disease (like COVID-19), natural disaster, terrorist attack or any other event that results in our workforce, and/or employees of service providers and/or third-party administrators, being compromised and unable or unwilling to fully perform their responsibilities, could likewise result in interruptions in our service, including our ability to issue policies and process policy transactions. Even when our workforce and employees of our service providers and/or third-party administrators can work remotely, those remote work arrangements could result in our business operations being less efficient than under normal circumstances and lead to delays in our issuing policies and processing of other policy-related transactions, as well as possibly being more susceptible to cyberattacks. Cybersecurity risks and catastrophic events may also impact the issuers of securities in which the underlying funds invest, which may cause the funds underlying your policy to lose value. While there can be no assurance that we or the underlying funds or our service providers will avoid losses affecting your policy due to cyberattacks, information security breaches or other catastrophic events in the future, we take reasonable steps to mitigate these risks and secure our systems and business operations from such failures, attacks and events.
(15) 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 Prospectus supplement 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 Companys Form 10-K. PricewaterhouseCoopers LLPs address is 300 Madison Avenue, New York, New York 10017.
(16) FINANCIAL STATEMENTS. Our general obligations and any guaranteed benefits under the policy are supported by the Companys general account and are subject to the Companys claims paying ability. For more information about the Companys financial strength, you may review its financial statements and/or check its current rating with one or more of the
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independent sources that rate insurance companies for their financial strength and stability. Such ratings are subject to change and have no bearing on the performance of the variable investment options. You may also speak with your financial representative.
(17) MANAGEMENT. A list of our directors and, to the extent they are responsible for variable life insurance operations, our principal officers and a brief statement of their business experience for the past five years is contained in Appendix A to this Supplement.
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PART II
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 to be incurred, and the risks assumed by Equitable Financial under the Policies. Equitable Financial bases its representation on its assessment of all of the facts and circumstances, including such relevant factors as: the nature and extent of such services, expenses and risks, the need for Equitable Financial to earn a profit, the degree to which the Policies include innovative features, and regulatory standards for the grant of exemptive relief under the Investment Company Act of 1940 used prior to October 1996, including the range of industry practice. This representation applies to all policies sold pursuant to this Registration Statement, including those sold on the terms specifically described in the prospectuses contained herein, or any variations therein, based on supplements, data pages or riders to any policies or prospectuses, or otherwise.
CONTENTS OF REGISTRATION STATEMENT
This Registration Statement comprises the following papers and documents:
The facing sheet.
The Supplement (in-force) dated May 1, 2024 consisting of 32 pages.
Representation regarding reasonableness of aggregate policy fees and charges.
The signatures.
Written Consent of the following:
Opinion and consent of Counsel (See exhibit 2(a)(i))
Consent of PricewaterhouseCoopers LLP (See exhibit 6).
The following exhibits correspond to those required by Article IX, paragraph A of Form N-8B-2:
II-1
II-2
II-3
II-4
II-5
II-6
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the Registrant certifies that it meets all the requirements for effectiveness of this Registration Statement pursuant to paragraph (b) of Rule 485 under the Securities Act of 1933, and has duly caused this Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, and its seal to be hereunto affixed and attested, 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 |
Attest: | /s/ Alfred Ayensu-Ghartey | |
Alfred Ayensu-Ghartey | ||
Attorney-in-Fact | ||
Pursuant to Power of | ||
Attorney | ||
April 23, 2024 |
SIGNATURES
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 | Bertram Scott | ||||||
Joan Lamm-Tennant | Charles G.T. Stonehill | Arlene Isaacs-Lowe | ||||||
Francis Hondal | George Stansfield | Craig MacKay |
*By: | /s/ Alfred Ayensu-Ghartey | |
Alfred Ayensu-Ghartey | ||
Attorney-in-Fact | ||
April 23, 2024 |